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

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

Vol. 153 WASHINGTON, TUESDAY, SEPTEMBER 18, 2007 No. 138 House of Representatives The House met at 9 a.m. and was PRAYER The SPEAKER pro tempore. The called to order by the Speaker pro tem- Rabbi Frederick L. Klein, Director of question is on the Speaker’s approval pore (Mr. COHEN). Community Chaplaincy, Greater of the Journal. f Miami Jewish Federation, Miami, Flor- The question was taken; and the ida, offered the following prayer: Speaker pro tempore announced that DESIGNATION OF THE SPEAKER O God who knows the hidden cham- the ayes appeared to have it. PRO TEMPORE bers of the human heart. Mr. WILSON of South Carolina. Mr. The SPEAKER pro tempore laid be- Last week, Jews worldwide prayed Speaker, on that I demand the yeas fore the House the following commu- during Rosh Hashanah, the Jewish new and nays. nication from the Speaker: year. Just as Jews prayed for renewed The yeas and nays were ordered. WASHINGTON, DC, clarity, purpose, and conviction, I ask The SPEAKER pro tempore. Pursu- September 18, 2007. You, all discerning God, to awaken ant to clause 8, rule XX, further pro- I hereby appoint the Honorable STEVE within all our hearts the spirit of re- ceedings on this question will be post- COHEN to act as Speaker pro tempore on this newal—when our eyes have been poned. day. dimmed, when our feet have led us f NANCY PELOSI, Speaker of the House of Representatives. down the wrong path, when our necks PLEDGE OF ALLEGIANCE have been stiffened, when our ears are f closed. The SPEAKER pro tempore. Will the gentlewoman from Michigan (Mrs. MIL- MORNING-HOUR DEBATE Call to us, O Lord. Open our eyes to see the suffering and needs of others, LER) come forward and lead the House The SPEAKER pro tempore. Pursu- lead our feet down the path of right- in the Pledge of Allegiance. ant to the order of the House of Janu- eousness, cause our necks to be flexible Mrs. MILLER of Michigan led the ary 4, 2007, the Chair will now recog- in order to change course when nec- Pledge of Allegiance as follows: nize Members from lists submitted by essary, unblock our ears to hear the I pledge allegiance to the Flag of the the majority and minority leaders for perspectives and opinions of others. United States of America, and to the Repub- morning-hour debate. But, most importantly, open our hearts lic for which it stands, one nation under God, The Chair will alternate recognition indivisible, with liberty and justice for all. and remind us of our loftiest visions for between the parties, with each party ourselves and for our great country. f limited to 25 minutes and each Mem- May we be stirred by the words of the ber, other than the majority and mi- WELCOMING RABBI FREDERICK L. psalmist: ‘‘Who may ascend the hill of nority leaders and the minority whip, KLEIN the Lord and who may stand in His limited to 5 minutes, but in no event (Ms. ROS-LEHTINEN asked and was holy place? He who has clean hands and shall debate continue beyond 9:50 a.m. given permission to address the House a pure heart.’’ for 1 minute.) f May the hill that we stand on today Ms. ROS-LEHTINEN. Mr. Speaker, I be blessed with these great ideals, and RECESS rise to commend my good friend, Rabbi may God bless the holy work that you Fred Klein, for his uplifting prayer The SPEAKER pro tempore. Pursu- do. Amen. ant to clause 12(a) of rule I, the Chair that he delivered for us this morning, declares the House in recess until 10 f as well as for his tireless efforts to strengthen the Jewish community in a.m. today. THE JOURNAL Accordingly (at 9 o’clock and 1 my home district of South Florida. minute a.m.), the House stood in recess The SPEAKER pro tempore. The Rabbi Klein serves as the Director of until 10 a.m. Chair has examined the Journal of the Community Chaplaincy at the Greater last day’s proceedings and announces Miami Jewish Federation and is the f to the House his approval thereof. Executive Vice President of the Rab- b 1000 Pursuant to clause 1, rule I, the Jour- binical Association of Greater Miami. nal stands approved. In these roles, Rabbi Klein offers coun- AFTER RECESS Mr. WILSON of South Carolina. Mr. sel to the physically and mentally ill The recess having expired, the House Speaker, pursuant to clause 1, rule I, I in their greatest times of need. was called to order by the Speaker pro demand a vote on agreeing to the I have long been aware of Rabbi tempore (Mr. HOLDEN) at 10 a.m. Speaker’s approval of the Journal. Klein’s commitment and contributions

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

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VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A18SE7.000 H18SEPT1 bajohnson on PROD1PC71 with HOUSE H10438 CONGRESSIONAL RECORD — HOUSE September 18, 2007 to academia, to the Jewish community, more, particularly in rural areas. USC leaders of the UAW and the domestic and the social welfare of all of South is leading the way by establishing an auto industry, the Big 3, are busy at Florida. But his greatest achievement, ultrasound institute to ensure grad- the negotiating table trying to come to Mr. Speaker, is his family, including uates are well trained in the use of agreement on a new contract. In these his four children, Moshe who is 11, ultrasound technology. negotiations, both sides will be making Shuli who is 9, Benny is 6 years old, I appreciate Dr. Richard Hoppman, tremendous concessions in the effort to and Aryeh almost 4. Dr. Prakash Nagarkatti, and Dr. Stan- restore the industry to profitability The opening prayer that Rabbi Klein ley Fowler for taking the time to in- and to protect jobs. They are dealing delivered today reflects his intellectual troduce me to this training program, with very difficult issues like retiree fiber, as well as his determination to as well as for the extraordinary work health care as well as pension reform. improve our community and our coun- they are doing on behalf of the USC I wish them luck, sincere good luck, try. I thank Rabbi Klein for his invoca- community in the advancement of because the future of my home State of tion, and I look forward to working health care. Michigan and of manufacturing in with him in the years ahead. In conclusion, God bless our troops, America are at stake as are literally millions of American jobs. We should f and we will never forget September the 11th. all support them in their efforts to IRAQ DEPRESSING NEWS f strengthen this vital industry. What (Mr. BLUMENAUER asked and was we should not do is pull the rug out ARMY STAFF SERGEANT MORGAN given permission to address the House from under them by enacting draco- D. KENNON for 1 minute.) nian and arbitrary fuel efficiency Mr. BLUMENAUER. Mr. Speaker, as (Mr. COHEN asked and was given per- standards that would kill jobs while we have been greeted with a torrent of mission to address the House for 1 doing nothing to lessen our dependence depressing news about Iraq, more vio- minute and to revise and extend his re- on foreign oil. Both management and labor are lence, there is debate here about marks.) making hard choices. They are working whether or not it is progress that the Mr. COHEN. Mr. Speaker, 4 years together to build a better future and a President plans to have the same troop ago, Army Staff Sergeant Morgan D. better industry. And in the same spirit, level next summer that we had before Kennon became the first victim of the we here at the Federal Government the surge. Iraqi war from the city of Memphis. Staff Sergeant Kennon joined the should partner with our auto industry There is no good way out. Keep the to help move forward technology that troops there and have bloodshed; have Army immediately after high school, hoping to earn enough money for col- would actually solve the problems and them leave and have bloodshed. But create new jobs. there is one thing that every Member lege and eventually become a lawyer. He was guarding a bank in Mosul when While those involved in negotiations of Congress ought to be able to agree are trying to find common ground to upon, no matter what their position on he was killed. His father said, ‘‘He was a beautiful save jobs, Congress should not be work- the war in Iraq: That we have a moral kid. He was a serious-minded youngster ing to destroy them. and practical responsibility to step up who was devoted to fulfilling his moth- f and help those Iraqis who have put er’s wishes. If his mother needed any- their life at risk because they help PROVIDE OUR CHILDREN WITH thing, instead of being out in a park Americans as guides, as translators. As HEALTH CARE playing basketball, it was his joy to go Ambassador Ryan Crocker pointed out (Mr. HALL of New York asked and out and do whatever he had to do to this last week, it is time for us to step was given permission to address the help her.’’ House for 1 minute.) up and help these people. On 9/11, I received an e-mail from his The Department of Homeland Secu- Mr. HALL of New York. Mr. Speaker, sister, Miss Nicole Crawford. I will read rity needs to have more people proc- the Bush administration’s recent deci- it: sion to reject New York’s plan to pro- essing applications for those that are ‘‘I am the sister of Staff Sergeant vide health insurance for uninsured trying to escape the worst humani- Morgan Kennon. I just wanted to know tarian crisis in the world other than children is just another example of how exactly what you and other Members of out of touch the President is with the Darfur. Don’t make them leave Iraq for Congress and Members of the Senate Syria or Jordan to apply when we have needs of the American people. are doing to bring our troops home. It Last year, the number of uninsured the largest embassy in the world in has been almost 4 years since my Baghdad. Support our comprehensive children in the Nation increased to brother was killed, and we still don’t over 8.6 million, an increase of over bipartisan legislation, H.R. 2265, to know why he was killed. help meet that responsibility. 600,000 children. The State of New York ‘‘Mr. COHEN, it is not just hard for has committed to decrease this num- f the soldiers serving in Iraq, it is hard ber, starting with our lowest income ULTRASOUND: THE STETHOSCOPE for their families also who worry about families. However, the onerous condi- OF THE 21ST CENTURY them. It is especially hard for the fami- tions placed by this administration are lies that have lost loved ones in Iraq. threatening to thwart New York’s ef- (Mr. WILSON of South Carolina ‘‘Please don’t take this the wrong asked and was given permission to ad- forts. way, but if the Democrats don’t do That any Americans have no health dress the House for 1 minute and to re- something soon and force Mr. Bush’s insurance is a travesty; that so many vise and extend his remarks.) hand, there will not be a Democrat in do is a tragedy of the highest propor- Mr. WILSON of South Carolina. Mr. the White House next year. The people tion. Speaker, I rise to recognize the tal- of this country voted for the Demo- Providing our children with health ented and dedicated students, faculty, cratic Party because they want care is protecting America’s future. It and staff of the School of Medicine of change.’’ is difficult to imagine why the Presi- the University of South Carolina for Ms. Crawford, I am for change. I am dent wants to stop New York from pro- the innovative work they are doing in not going to vote for any additional tecting the health of its children. But the development and use of ultrasound funds but to redeploy our troops. I feel this decision suggests just that. We technology. your pain. must not allow this to stand. I am Often called the stethoscope of the f committed to working with my col- 21st century, ultrasound holds great leagues to do what must be done to potential for future advancements in THE FIGHT FOR JOBS CONTINUES overturn this misguided decision. medicine. With the growing portability (Mrs. MILLER of Michigan asked and f and accessibility of modern ultrasound was given permission to address the devices, this technology will help phy- House for 1 minute and to revise and ‘‘NO FLAG HERE’’ sicians better diagnose and treat pa- extend her remarks.) (Mr. POE asked and was given per- tients for conditions such as heart fail- Mrs. MILLER of Michigan. Mr. mission to address the House for 1 ure, gallstones, aneurysms, and much Speaker, at this moment in Detroit the minute.)

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K18SE7.003 H18SEPT1 bajohnson on PROD1PC71 with HOUSE September 18, 2007 CONGRESSIONAL RECORD — HOUSE H10439 Mr. POE. Mr. Speaker, on September HONORING THE AIR FORCE’S 60TH HEADING TOWARD A FISCAL 11th, America honored those murdered ANNIVERSARY TRAIN WRECK by people who kill in the name of reli- (Mr. STEARNS asked and was given (Mr. GARRETT of New Jersey asked gion. permission to address the House for 1 and was given permission to address Americans held solemn tributes, minute and to revise and extend his re- the House for 1 minute.) prayers, and raised Old Glory across marks.) Mr. GARRETT of New Jersey. Mr. the plains and prairies of this heart- Mr. STEARNS. Mr. Speaker, I rise Speaker, as we come to the floor 9 land. But no American flags were dis- today to honor and celebrate the 60th months into the control of this House played by students at Hobbton High anniversary of the United States Air and this country by the Democratic School in North Carolina. The super- Force. majority, we have to ask ourselves, intendent of this government school America can rightly claim to be the what has it brought? Well, it has district banned the display of any greatest military power. This status is brought us expanded government pro- country’s flag on the clothing of stu- due in no small part to our over- grams outside the area of jurisdiction, dents. Dr. Hobbs said disruptions have whelming supremacy in air and space. increase in Federal spending, and of been caused in the school by the wear- Air Force men and women have pro- course efforts to raise taxes on Ameri- ing of certain national flags. So on this duced an unsurpassed record of cans. almost holy day of September 11th, no achievement. Never before has our Just at the very beginning of this American flags were allowed on clothes ability to project military power de- year, it was the largest tax increase in at this American school. pended so heavily on air and space ca- U.S. history. A short time ago, it was a Dr. Hobbs, if you are going to ban the pabilities. $53 billion increase through the SCHIP display or the wearing of flags, ban for- As an Air Force veteran and cochair- program. On spending, it was a $1 bil- eign ones, not the ones that fly over man of the House Air Force Caucus, I lion program just yesterday tried to this Nation—the American flag. know firsthand how the Air Force pro- do. And, of course, there is a litany of Have we become so timidly con- vides our Nation a unique military ad- earmarks that we still don’t know cerned about offending foreigners that vantage. However, what is most im- where it is going to and who is spon- we now disrespect our Nation by ban- pressive is the dedication of the men soring it. It was a Republican majority that ning the American flag? This unpatri- and women of the United States Air forced the Democrats to give us a list otic paranoia is an insult to this Na- Force who work hard every day to en- of all the earmarks in their spending tion and the students of your school, sure air supremacy. and have asked for more transparency. and the superintendent should be Let me leave you with the words of But I want to remind the American ashamed. Mr. Hobbs, Betsy Ross would one of the Air Force founders, General public, to this day we still do not have not be proud of you. Hap Arnold: ‘‘Air power will always be a list of all the earmarks, who is spon- And that’s just the way it is. the business of every American cit- soring them, and where the dollars are izen.’’ f going to. f I encourage the Democrat majority ALAN GREENSPAN AND THE BUSH to do as the American public must do, ADMINISTRATION DEMOCRATIC CONGRESS SENDS to live within their means, and to be COLLEGE COST REDUCTION ACT (Mr. EMANUEL asked and was given open and honest as to where the Amer- TO THE PRESIDENT’S DESK permission to address the House for 1 ican tax dollars are going to. minute.) (Ms. RICHARDSON asked and was f Mr. EMANUEL. Mr. Speaker, in Alan given permission to address the House Greenspan’s recently released memoir, for 1 minute.) b 1015 President Bush and the Republicans in Ms. RICHARDSON. Mr. Speaker, ENOUGH IS ENOUGH Congress come in for some sharp criti- today is an exciting week for all Demo- (Mr. HODES asked and was given per- cism. crats because we are sending one of our mission to address the House for 1 Reuters said of the book, ‘‘Mr. Green- top priorities to the President’s desk, minute.) span sharply criticizes President and that is the College Cost Reduction Mr. HODES. Mr. Speaker, President Bush’s administration and Republican and Access Act. Bush has called for more money, more congressional leaders in his memoir for Education departments estimate that patience, and a renewed commitment putting political imperatives ahead of over 200,000 academically qualified stu- of U.S. troops in Iraq for the foresee- sound economic policies.’’ dents are unable to go to college. This able future. The American people The New York Times said of Mr. legislation will be the largest invest- should not be fooled. This is nothing Greenspan’s book described, ‘‘The Bush ment the Democratic Congress has more than another stay-the-course administration is so captive to its own made since 1944. strategy that puts us on a path for 10 political operation that it paid little Specifically, the Pell Grant scholar- years of war in Iraq. attention to the fiscal discipline for ships will be increased by $1,090 over Under the Bush plan, about 5,700 the Nation.’’ the next 5 years. We will be able to cut troops, or about 3.5 percent, of the Increasing America’s debt by $3 tril- interest rates from the current 6.8 per- American forces in Iraq would come lion, the same fiscal discipline we had cent to 3.4 percent, and that will save home later this year. That’s it. The in the 1990s, the pay-as-you-go rules, student borrowers over $4,000 over the rest of our troops would remain in Iraq led to a $5 trillion surplus when Presi- life of their loan. until at least next summer. The Presi- dent Bush took office and has led to a Members, this is great news, and it is dent anticipates that at least 130,000 $3 trillion debt increase under Presi- great news to taxpayers, because we American men and women would re- dent Bush and the Republicans. have been able to utilize eliminating main in Iraq indefinitely for many The fiscal discipline that we had in excessive Federal subsidies from the years to come. the 1990s is exactly what the Demo- lenders in the industry to bear the cost The President’s plan for Iraq crats have put in place in this new Con- of this program . . . and not the tax- amounts to an open-ended and dan- gress, hoping to put in place the fiscal payers. gerous commitment of American type of discipline and the budgetary This is a personal story for me. I troops in Iraq, and an open wallet for discipline that would lead us again to have been working since the age of 12. the American people to pay. surpluses and balancing America’s I took out student loans and was able Mr. Speaker, this is not a plan for book. to get my education because of pro- success in Iraq, nor is it a plan that And Mr. Greenspan could not have grams like this. will make America safer. It is time for said it better, when people have taken Mr. Speaker, this is a great day for my Republican colleagues to stand up the time to put their political interests students and Democrats in this Con- to this President and say enough is ahead of America’s long-term economic gress to send the college cost reduction enough. Democrats will continue to de- interests. act to the Presidents desk. mand change because it is time that we

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K18SE7.032 H18SEPT1 bajohnson on PROD1PC71 with HOUSE H10440 CONGRESSIONAL RECORD — HOUSE September 18, 2007 begin a responsible redeployment out struggling. It is time to bring our Services now printed in the bill, modified by of Iraq. troops home and look at American the amendment printed in part A of the re- benchmarks. port of the Committee on Rules accom- f panying this resolution, shall be considered THE MILITARY SURGE IS f as adopted in the House and in the Com- WORKING COLLEGE COST REDUCTION AND mittee of the Whole. The bill, as amended, ACCESS ACT shall be considered as the original bill for (Mr. PENCE asked and was given per- the purpose of further amendment under the mission to address the House for 1 (Mr. ARCURI asked and was given five-minute rule and shall be considered as minute and to revise and extend his re- permission to address the House for 1 read. All points of order against provisions marks.) minute.) in the bill, as amended, are waived. Notwith- Mr. PENCE. Mr. Speaker, through a Mr. ARCURI. Mr. Speaker, this week standing clause 11 of rule XVIII, no further hailstorm of political attacks that con- the Democratic Congress makes col- amendment to the bill, as amended, shall be in order except those printed in part B of the tinue on the floor of the Congress this lege more affordable for American stu- report of the Committee on Rules. Each fur- morning, last week, America’s two lead dents and families by sending the Col- ther amendment may be offered only in the men in Iraq brought news to this Con- lege Cost Reduction and Access Act to order printed in the report, may be offered gress which should be welcome to every the President. After initially threat- only by a Member designated in the report, American family. ening a veto, President Bush now says shall be considered as read, shall be debat- Despite the lack of political progress he will sign the bill into law. That’s able for the time specified in the report at the national level in Iraq, the mili- good news for millions of students and equally divided and controlled by the proponent and an opponent, shall not be subject tary surge is working. And because the their families who are trying to figure to amendment, and shall not be subject to a surge is working, our troops can start out how they’re going to afford a col- demand for division of the question in the coming home. lege education. House or in the Committee of the Whole. All I urge every American to tune out Under President Bush, college tuition points of order against such further amend- the rhetoric in Washington, D.C. and has increased 40 percent over inflation, ments are waived except those arising under read the report. But don’t just read the putting college out of reach for many. clause 9 or 10 of rule XXI. At the conclusion testimony of General David Petraeus While college costs have increased over of consideration of the bill for amendment and Ambassador Ryan Crocker; read the Committee shall rise and report the bill, the last 7 years, Pell Grants and other as amended, to the House with such further the recent report issued by the more Federal aid have remained flat, which amendments as may have been adopted. The liberal-leaning Brookings Institution. has created an imbalance in the grant- previous question shall be considered as or- In each case, our men and that liberal to-loan ratio that students face. For dered on the bill and amendments thereto to think tank found civilian deaths are some who are fortunate enough to at- final passage without intervening motion ex- down. Sunni leaders are cooperating tend college, they are leaving with cept one motion to recommit with or with- with U.S. forces, and al Qaeda is on the more than $20,000 in loan debt. out instructions. run in Baghdad and Anbar province. Our legislation begins to remedy that SEC. 2. During consideration in the House These independent assessments should of H.R. 1852 pursuant to this resolution, not- imbalance by providing the largest in- withstanding the operation of the previous be read by every American, and every vestment in college funding since pas- question, the Chair may postpone further American should be encouraged; for sage of the GI Bill in 1944. Under our consideration of the bill to a time designated even to a war-weary Nation, I say, if legislation, we increase Pell Grant by the Speaker. we do not grow weary in doing well, scholarships by more than $1,000, and The SPEAKER pro tempore. The gen- freedom will prevail in Iraq. we cut student interest rates in half. tlewoman from California is recognized f Mr. Speaker, Democrats promise to for 1 hour. TIME TO BRING OUR TROOPS make college more affordable this Ms. MATSUI. Mr. Speaker, for the HOME week, and we are living up to that purpose of debate only, I yield the cus- promise. tomary 30 minutes to the gentleman (Ms. SHEA-PORTER asked and was f from Texas (Mr. SESSIONS), pending given permission to address the House which I yield myself such time as I PROVIDING FOR CONSIDERATION for 1 minute.) may consume. During consideration of OF H.R. 1852, EXPANDING AMER- Ms. SHEA-PORTER. Mr. Speaker, we this resolution, all time yielded is for ICAN HOMEOWNERSHIP ACT OF now know what the President’s plan the purpose of debate only. for Iraq is: it’s just stay. Stay for how 2007 (Ms. MATSUI asked and was given long? He doesn’t know. We don’t really Ms. MATSUI. Mr. Speaker, by direc- permission to revise and extend her re- have a plan, but we do know that we tion of the Committee on Rules, I call marks.) have not succeeded in Iraq. In spite of up House Resolution 650 and ask for its Ms. MATSUI. Mr. Speaker, as the the efforts of our brave soldiers, in immediate consideration. Clerk just read, H. Res. 650 provides for spite of the 10 to $12 billion a month The Clerk read the resolution, as fol- consideration of H.R. 1852, the Expand- that we have spent, in spite of all of lows: ing American Homeownership Act, our efforts, we have not succeeded. H. RES. 650 under a structured rule. The rule pro- Now, if you look at the independent Resolved, That at any time after the adop- vides 1 hour of general debate to be nonpartisan reports on Iraq, you find tion of this resolution the Speaker may, pur- controlled by the Committee on Finan- that 100,000 Iraqis are moving from suant to clause 2(b) of rule XVIII, declare the cial Services. The rule makes in order their communities every single month. House resolved into the Committee of the seven amendments printed in the Rules Why would 100,000 Iraqis move from Whole House on the state of the Union for Committee report. their homes, from their schools, from consideration of the bill (H.R. 1852) to mod- This bill is being considered under a their lives? They’re moving because ernize and update the National Housing Act structured rule that will allow the they’re not safe. and enable the Federal Housing Administra- House to consider amendments to ad- We have militia roaming around. tion to use risk-based pricing to more effectively reach underserved borrowers, and for dress important issues with regard to We’ve had ethnic cleansing in Baghdad. other purposes. The first reading of the bill this legislation. I look forward to the If you look at the maps of the neigh- shall be dispensed with. All points of order debate on the important issue before us borhoods, 2005 and now 2007, you realize against consideration of the bill are waived today. that the Iraqis are not living together except those arising under clause 9 or 10 of I rise today in support of the rule any longer. We have ethnic cleansing. rule XXI. General debate shall be confined to providing for the consideration of the We also know that the Iraqi Par- the bill and shall not exceed one hour equal- Expanding American Homeownership liament, more than half of the Iraqi ly divided and controlled by the chairman Act and for the underlying legislation. Parliament, signed a petition asking and ranking minority member of the Com- I thank Subcommittee Chairwoman mittee on Financial Services. After general Americans to go home. debate the bill shall be considered for WATERS for offering this bill. I thank We also know that the Iraqis wanted amendment under the five-minute rule. The Chairman FRANK and Ranking Member to take a 2-month vacation in 140-de- amendment in the nature of a substitute rec- BACHUS for their hard work, along with gree weather while our troops were ommended by the Committee on Financial the other members of the Financial

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K18SE7.009 H18SEPT1 bajohnson on PROD1PC71 with HOUSE September 18, 2007 CONGRESSIONAL RECORD — HOUSE H10441 Services Committee, in bringing this closures are becoming more common Congress. This bill expands upon that important legislation to the floor. among borrowers whose credit rates legislation, reflective of the growing The bill underlying this house resolu- are just above subprime. So the prob- crisis. We need to pass this bill. Our tion addresses an issue of critical im- lem is getting worse, not better. Con- constituents need this bill to keep portance to our constituents and to our gress needs to act and we need to act their homes, and we need to work with economy, the subprime mortgage lend- now. our colleagues in the Senate to get this ing crisis. We are here today to con- The bill we are considering today will bill to the President. sider reforming the Federal Housing overhaul the Federal Housing Adminis- I look forward to the debate on the Administration’s loan policies as a tration to make federally backed loans Expanding Homeownership Act and means of stemming the tide of fore- competitive with subprime and other hope that my colleagues on both sides closures that have besieged our Nation. nontraditional mortgage loans. We of the aisle will join me in supporting Owning a home is part of the Amer- need to make sure that subprime mort- this rule and the underlying bill. ican Dream, but predatory lenders have gages are properly regulated to get our Mr. Speaker, I reserve the balance of been crushing that dream by taking ad- home buyers into good loans and rein my time. vantage of home buyers with damaged in predatory lenders. The bill author- Mr. SESSIONS. Mr. Speaker, I yield credit. Lured by attractive initial izes FHA to offer loans with little or no myself such time as I may consume. terms, vulnerable home buyers who do down payment and directs it to ap- I rise in reluctant opposition to this not qualify for federally backed loans prove loans to borrowers with higher unnecessarily restrictive rule and to a take on subprime mortgage loans that credit risk than is currently allowed. number of the provisions included in they cannot afford. These loans come These measures will enable FHA to the underlying legislation in its cur- with escalating interest rates which compete with the introductory teaser rent form. While I appreciate and sup- start low and encourage overbor- rates advertised by subprime lenders. port the committee’s effort to provide rowing. The borrowers learn too late, The bill will raise the single-family for the safety and soundness of our Na- when their homes are foreclosed upon, loan limit, enabling families who live tion’s housing financial system and our that they will not be able to afford in more expensive areas, such as Cali- broader financial system, this legisla- those higher payments. fornia, to qualify for FHA-backed tion has a number of avoidable short- We are now faced with the unfortu- loans. The FHA has virtually no pres- comings, and I hope that at least some nate situation that our residents are ence in expensive areas where the aver- of them would be corrected during the losing their homes in record numbers. age price of a home already exceeds the restrictive amendment process pro- The increasing rate of foreclosure con- FHA loan limit. Increasing access to vided for by this rule. tinues to make the news in California FHA-backed loans will give many thou- The Federal Housing Administration and across the Nation. Data released sands of our constituents the stable fi- was created by the National Housing just last month show the rising fore- nancing terms that they need to keep Act of 1934 to broaden homeownership, closure rates in cities across the coun- up with their payments and stave off protect lending institutions, and to try. The numbers are as high as one foreclosure. stimulate the home construction in- foreclosure in every 27 households. Furthermore, this bill offers relief to dustry. In addition to providing sta- That is not acceptable. our seniors. Seniors are often targeted bility and liquidity to the mortgage And the housing market continues to by subprime loans, especially for re- market, the FHA’s efforts have led to suffer. Last week a report from my verse mortgages. Seniors who own the creation of the 30-year mortgage Sacramento district cited a more than their homes but who have limited fi- product and mortgage instrument 13 percent drop in the median home nancial resources might need to mort- standardization, both of which have prices in the past year. That is the gage their homes to pay for other ex- contributed to the growth of our mod- largest 1-year drop in 20 years. penses. This bill eliminates the cap on ern housing financial marketplace. FHA reverse mortgages to meet with And, as one of the very few Federal b 1030 growing needs of our seniors in tight fi- Government agencies to operate en- Despite good economic growth in the nancial times. tirely on fees derived from the pro- region, the housing market is in trou- Finally, the legislation directs sur- gram, the FHA has accomplished all of ble. Many point to the subprime mort- plus FHA funds to a housing counseling this with no taxpayer dollars or sub- gage crisis to explain this. Trends like program as well as to an affordable sidy. this can be seen across the country, not housing fund. In this way the legisla- The legislation that has been brought just in Sacramento. tion will ensure that borrowers have to the House floor today includes a The administration wants to allow the opportunity to achieve the dream number of important modernization 80,000 people to refinance their loans of owning a home as well as to become provisions that will help American through FHA. That is good but it is not educated about their mortgage options families across this country to own going to address the scope of this prob- and what it will mean in the long term. their own homes, like: increasing the lem. More than 2 million adjustable The mortgage lending troubles are FHA loan limit for high-cost areas, rate mortgages are up for reset this getting out of control. This bill will providing for flexible down payment re- fall, at which time their interest rates take an important first step toward quirements, simplified and improved will increase. Two million mortgages, reining in a disturbingly high rate of condo loan requirements, and an ex- that is 2 million more families who will foreclosure. Later this week Chairman pansion of the ability to utilize home be at risk at losing their homes if they FRANK will hold a hearing with Federal equity conversion mortgages. cannot keep up with the higher pay- Reserve Chairman Bernanke and other This bill closely mirrors H.R. 5121, ments. This pattern cannot continue. administration officials to look for ad- Republican legislation that passed The housing market crunch, driven ditional legislative and regulatory so- overwhelmingly last Congress, and by the subprime mortgage lending lutions to this growing problem. Ensur- would also supplement the FHA Secure troubles, is making waves throughout ing that FHA lending policies are up to Initiative unveiled by President Bush our economy. Over the past few date and competitive in the current at the end of August. This program, months, we have seen the Federal Re- market is a good start. which is aimed at borrowers who have serve cut its discount rate and make an This bill will ensure that our fellow fallen behind on their payments after a additional $62 billion available to try Americans have better federally mortgage rate reset, is projected to to stabilize the real estate financial backed choices to buy a home. This bill help a quarter of a million families market. Last month, Countrywide Fi- will curtail the spread of subprime over the next year. By helping first- nancial, the largest home mortgage lending and get more of our home- time, owner-occupied home buyers refi- lender, was trading at levels com- owners into mortgage loans with stable nance into mortgages that they can af- parable to junk bonds. And, lastly, interest rates and transparent terms. ford, this already implemented pro- AIG, the world’s largest insurer and This is a step in the right direction. gram will help families and stabilize one of the biggest mortgage lenders, This is a bipartisan issue. The House communities, while targeting this sup- stated that delinquencies and fore- passed similar legislation in the 109th port to the real families in need and

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K18SE7.011 H18SEPT1 bajohnson on PROD1PC71 with HOUSE H10442 CONGRESSIONAL RECORD — HOUSE September 18, 2007 away from speculators who do not need EXECUTIVE OFFICE OF THE PRESI- The Administration strongly supports help from the Federal Government. DENT, OFFICE OF MANAGEMENT flexible downpayment options, but opposes a AND BUDGET, provision in H.R. 1852 that limits their bene- Unfortunately, despite all the posi- Washington, DC, September 17, 2007. fits to first-time homebuyers. Such a limita- tive elements included in this legisla- STATEMENT OF ADMINISTRATION POLICY tion would hinder the ability of some current tion, I do believe that this bill could be H.R. 1852—EXPANDING AMERICAN HOMEOWNER- homeowners to refinance into an FHA-in- vastly improved. Chief among the prob- SHIP ACT OF 2007 (REP. WATERS (D) CA AND 13 sured loan. By removing this limitation, COSPONSORS) FHA could help provide existing homeowners lems with this legislation is its estab- with additional flexibility in managing the lishment of a new line of income for a The Administration supports legislation to modernize and reform the National Housing mortgage debt. poorly defined affordable housing grant Act (NHA) and to ensure that the Federal The Administration also has concerns that fund linked to increased FHA receipts. Housing Administration (FHA) continues to H.R. 1852 does not provide FHA with the nec- play a key role in serving low- and moderate- essary flexibility to implement risk-based FHA receipts are already recognized pricing, thereby limiting consumer choice as for future budgeting purposes to help income homebuyers. The President has called on Congress to expeditiously pass the well as FHA’s ability to help additional bor- determine subsequent affordable hous- Administration’s FHA Modernization bill to rowers. H.R. 1852 fails to raise the statutory ing program appropriations at HUD, assist more homeowners during this period cap on annual premiums from 55 to 200 basis with any extra revenue from these proof stress in the mortgage markets. H.R. 1852, points, nor does it permit caps on upfront and annual premium combinations that grams deposited in the U.S. Treasury as reported by the House Financial Services Committee, includes provisions that are es- would allow FHA to offer borrowers a vari- as a benefit to taxpayers. This legisla- sential to maintaining FHA’s core mission of ety of premium structures. In addition, the tion would divert this revenue to a expanding homeownership opportunities for provision for mandatory refund of ‘‘excess’’ housing fund with a poorly defined mis- borrowers who are underserved, or not premium to borrowers with FICO credit sion, reducing resources available for served, by the existing conventional mort- scores below 560 whose loans survive more than five years undercuts the insurance prin- other existing HUD programs that al- gage marketplace. The legislation makes critical improvements to the statutory ciple on which FHA is based. This provision ready assist low-income families and scheme of the NHA, and these improvements also hampers FHA’s ability to serve a great- individuals. have also been proposed by the Administra- er number of the borrowers this provision is purported to benefit. Because of these provi- I believe it is bad public policy to tie tion. Nonetheless, the Administration has a number of significant concerns with H.R. sions, H.R. 1852 would lower receipts by ap- the fate of families that need housing 1852, which the Administration looks forward proximately $75 million relative to the Presi- support to the success or failure of the to addressing with Congress as the bill dent’s budget. FHA to bring in surplus revenue. Even moves through the legislative process. Generally, the Administration supports worse, because the affordable housing As proposed by the Administration, the the provision in H.R. 1852 that permits an in- legislation authorizes an increase in FHA crease in mortgage insurance premiums if funds would come from fees related to loan limits from $362,000 to $417,000 or 100 HUD determines that, absent such an in- conforming loans and reverse mort- percent of the Federal Home Loan Mortgage crease, the insurance of additional mortgages, this bill levies a new stealth tax Corporation (Freddie Mac) conforming loan gages would require the appropriation of new on the most modest home buyers and limit in high-cost areas, and from $200,000 to budget authority to cover the costs of such $271,000 in lower-cost areas. These changes insurance. However, the requirement to do on seniors without even disclosing to are needed to adapt the program to increas- so by rulemaking is process-laden and oner- them the costs associated with this ing home prices. The Administration strong- ous and would significantly delay and ham- new Federal mandate. ly opposes amendments that would authorize per HUD’s ability to respond to a changing FHA guarantees of loans greater than the Other problems with H.R. 1852 in- market. The Administration will work with conforming loan limit as the program should Congress to establish a process that effi- clude its failure to provide the FHA remain targeted to traditionally underserved ciently and effectively allows HUD to in- with the flexibility needed to imple- homebuyers, such as low- and moderate-increase mortgage insurance premiums as ment risk-based pricing, which limits come families. needed. Additionally, the legislation authorizes consumer choice as well as the FHA’s The Administration also has concerns with FHA to utilize risk-based premium pricing to the two percent limitation on HECM loan ability to help additional home buyers. more appropriately match premiums to bor- origination fees proposed in the legislation. This bill’s proposed 2 percent limit on rower risk, based on measures such as the Although the Administration applauds the home equity conversion mortgage loan size and source of their downpayment and attempt to protect senior citizens from po- their credit scores. Consistent with current tentially abusive and predatory lending prac- origination fees proposed in the legisla- mortgage lending practices, the legislation tion, which attempts to protect senior tices, any such limitations should be flexible includes the option to extend the maximum enough to respond to a changing market. Ac- citizens from potentially abusive lend- mortgage term from 35 to 40 years. Finally, cordingly the Administration believes that ing practices, may also unnecessarily with respect to FHA’s Home Equity Conver- such limitations should be set by the FHA limit choice and flexibility in a chang- sion Mortgage (HECM) Program, the legisla- through Federal Register notice or other ap- tion removes the statutory volume cap on propriate vehicle. ing marketplace. the number of reverse mortgages that may In addition, the Administration is con- be insured by FHA, while permitting HECMs Mr. Speaker, I would like to thank cerned that the Act revises certain recently for use in condominium units and purchase committee ranking Republican SPEN- enacted asset disposition reforms for FHA transactions. Each of these improvements multifamily programs. This would reduce re- CER BACHUS; subcommittee ranking Re- enables FHA to serve a larger number of tar- ceipts by nearly $40 million. The Administra- publican JUDY BIGGERT; and the incom- geted homebuyers, in more areas of the nation is also concerned about a provision that ing ranking Republican on the Housing tion, than are being served under the present would make it possible for correspondent and Community Opportunity Sub- program. While the Administration strongly sup- lenders to use FHA without meeting audit committee, my former Rules Com- ports Federal assistance to individuals and and net worth requirements, which could mittee colleague, SHELLEY MOORE families that lack the means to afford ade- allow participation by brokers who are inad- CAPITO, for all their hard work on this quate housing, the Administration strongly equately capitalized or have internal control legislation. opposes the establishment of a new Afford- difficulties. able Housing Grant Fund linked to increased The Administration remains committed to Mr. Speaker, I will also insert in the FHA receipts. FHA receipts are already cred- modernizing and reforming FHA, and looks CONGRESSIONAL RECORD the Statement ited toward HUD appropriations and a new forward to continuing to work with Congress of Administration Policy regarding program that attempts to divert this rev- to ensure that concerns are addressed and that the necessary reforms are part of any this legislation and would like to take enue would reduce resources available for other HUD programs that assist low income final legislation. this opportunity to thank two people families and individuals. Furthermore, tying Mr. Speaker, I reserve the balance of for their hard work from the White financing for the fund to FHA receipts would my time. House, White House aides Chris Frech be counter-productive since FHA receipts an- Ms. MATSUI. Mr. Speaker, I yield and Marty McGuinness, who have pro- nually fluctuate based on housing market myself such time as I may consume. vided important information not only conditions and bear little relation to any potential program funding needs. Many of the Before yielding to my next speaker, I on this but worked with Members to proposal’s details are also undefined and un- would like to point out that the bill di- make sure that they understood the clear; therefore, the specifics may raise addi- rects surplus funds to an affordable White House’s position on this issue. tional policy concerns. housing fund. This is an appropriate

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K18SE7.013 H18SEPT1 bajohnson on PROD1PC71 with HOUSE September 18, 2007 CONGRESSIONAL RECORD — HOUSE H10443 use of any net FHA funds. The surplus ownership has instead become a path pleased that the majority has edged funds are directed to a source that is to heartache for far too many families. closer to last year’s bipartisan bill consistent with the mission of this leg- Today by passing the Expanding since the introduction of the new bill islation: to help Americans buy homes America Homeownership Act, we take under consideration today. through federally backed means. a bold step forward on what is going to As I pointed out during our com- However, for those Members who do be a long road to fix this broken sys- mittee hearing and markup on this not support this fund, I want to point tem. bill, the bill originally excluded homeowners seeking to refinance from bene- out that there is an amendment made b 1045 in order to strike the fund. All Mem- fiting from a modernized FHA. The bill bers of this House will have an oppor- H.R. 1852 raises loan limits, helps re- will now assist more homeowners, per- tunity to vote on this important issue. duce the burden for high-risk bor- haps some seeking to refinance a bad With that, Mr. Speaker, I yield 4 rowers, expands counseling for home subprime loan, but still not as many as minutes to the gentlewoman from Ohio buyers, and provides new ownership in- last year’s bill. (Ms. SUTTON), a member of the Rules centives for low-income families. And I continue to object to provisions Committee. these are very important and positive that do not fully allow for risk-based Ms. SUTTON. Mr. Speaker, I thank measures. pricing. Again, witnesses during our the gentlewoman for her leadership on This is a demonstration of our com- committee hearings said this would re- this issue and on this rule. mitment to restore the American sult in FHA serving fewer, not more, Mr. Speaker, I rise in favor of this Dream, but we also understand that American borrowers. I also remain op- rule and in strong support of the under- there is no easy fix for this issue. In posed to the provision that siphons lying legislation, the Expanding Amer- coming days, I plan to introduce legis- money away from FHA to fund a ican Homeownership Act. lation that will bring together many brand-new government program, an- Owning a home in this country is interests and groups involved in fore- other trust fund, to build more afford- called the American Dream for many closure and mortgage lending crisis so able housing. While this is a very im- reasons: the pride of ownership, a sense that we can continue to act to improve portant issue, affordable housing, what of responsibility, the feeling of settling this situation. I hope that, working to- we need here is to have FHA money to down and belonging to a community gether, we will be able to quickly offer help those that are in trouble, facing and a neighborhood. But the American comprehensive and meaningful solu- foreclosure, or those first-time bor- Dream is in peril for many families in tions to move forward. rowers who would not be able to find a this country as foreclosures rise and A similar effort has been made in good mechanism to find a mortgage. dreams shatter. Ohio spurred by our new Governor, Ted During committee deliberations, we I am sorry to report, Mr. Speaker, Strickland. And just recently, they were given the opportunity to debate that in my home State of Ohio, we came back with some very important and consider a variety of issues per- have the Nation’s highest rate of mort- recommendations that will hopefully taining to this bill. Members on our gages that are seriously delinquent or make a meaningful impact in the side of the aisle had hoped that all in the foreclosure process. In April of State. But we here in Congress at the Members, not just those on the Finan- this year, Ohio had nearly 12,000 de- Federal level need to do our part. cial Services Committee, would be fault notices, auction sale notifica- Mr. Speaker, never again do I want given the same opportunity to debate tions, and bank repositions. Sadly, one to have to hear that a family has lost important issues on the House floor. in ten Ohio homeowners with a mort- their home simply because our laws Republicans support many aspects of this bill, H.R. 1852; but I think we all gage is at least a month behind in pay- and regulations have worked against deserve the right to participate in the ments and one in four with a subprime them. amendment process, whether as a loan is delinquent or in foreclosure. I urge passage of this rule and the These staggering statistics are not underlying legislation. member of the committee of jurisdiction, or as a Member of the U.S. House just numbers. They are families and in- Mr. SESSIONS. Mr. Speaker, at this of Representatives. Only through an dividuals whose American Dream is time, I would like to yield 5 minutes to open rule is that possible. For this rea- quickly becoming a nightmare. I have the gentlewoman from Illinois (Mrs. son, I rise in opposition to the rule talked with many hardworking, proud BIGGERT). being considered today and urge my families who are struggling to pay Mrs. BIGGERT. I thank the gen- colleagues to vote ‘‘no’’ on this rule. tleman for yielding. their mortgages and afford health in- Ms. MATSUI. Mr. Speaker, I yield Mr. Speaker, today I rise in opposi- surance, struggling to put food on the myself such time as I may consume to table and pay for their children’s col- tion to this rule governing the consid- make a comment before yielding to my lege education. They are working hard eration of H.R. 1852, the Expanding next speaker. and they are playing by the rules, but American Homeownership Act of 2007. I would like to point out that seven nonetheless the American Dream has I had hoped that the committee amendments were made in order. Two moved out of their reach. would see the wisdom in providing an of the minority amendments offered The homeownership crisis is part of a open rule to this important legislation; were redundant changes, so one of larger problem for our Nation where and in the absence of an open rule, that those was made in order. And, finally, policies and laws have not worked for it would at least make in order those an amendment in the nature of a sub- our low- and middle-class families the amendments that the Members took stitute offered by Mrs. BIGGERT was way that they should. This is unaccept- the time and effort to draft, including made in order. We are providing ample able for my constituents, and it should one of my own amendments. Unfortu- opportunity for debate and for Mem- be unacceptable for a Nation built by nately, only some of the amendments bers to vote on the provisions of the working men and women that prides filed with the Rules Committee were bill. itself on ownership, responsibility and made in order. With that, Mr. Speaker, I yield 3 fairness. While I’m pleased that some of these minutes to the gentleman from Oregon Mr. Speaker, the problems in the amendments made in order are Repub- (Mr. BLUMENAUER). housing market are not new, but they lican amendments, other amendments Mr. BLUMENAUER. I appreciate the have become what they are because of which were offered and debated during gentlewoman’s courtesy in permitting a lack of action and leadership from our committee markup of this bill were me to speak on this bill and appreciate prior Congresses and this administra- not made in order. These amendments her leadership, and particularly em- tion. The lack of oversight has led to deserve to be debated and given a fair phasizing the fact that the minority the abuse of a mortgage system by un- hearing. has the opportunity for a substitute to scrupulous lenders and others looking Mr. Speaker, last year FHA’s mod- be offered up. So the House will have for easy profit by preying upon those ernization bill, which passed the House an opportunity to weigh the different who are most vulnerable. And it is by a vote of 415–7, garnered broad bi- approaches to determine what is truly wholly unacceptable that a system partisan support. This year’s bill does in the best interests of American that should be an avenue to home- not have that kind of support. I am homeowners.

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K18SE7.014 H18SEPT1 bajohnson on PROD1PC71 with HOUSE H10444 CONGRESSIONAL RECORD — HOUSE September 18, 2007 I welcome this legislation today. I else we’ve got going here on the floor prepared to close if the gentleman from support the rule, and I support the un- today. I think we’re going to have four Texas is prepared to close. derlying legislation. But I hope that suspensions in addition to this bill, and Mr. SESSIONS. Mr. Speaker, I had this will be just the start of on-going yet last night the Rules Committee, anticipated and hoped that the gen- progress for dealing with what is truly our friends in the new Democrat major- tleman from Georgia (Mr. PRICE) might a housing crisis that is enveloping this ity, decided that they would shut down be here. I have been notified that he is country. debate by having this rule without it in a meeting with constituents at this While it’s pleasant to read now that being an open rule, shut out a number time. Alan Greenspan, as he’s attempting to of amendments and Members who One of the amendments which Dr. protect his role in history, now agrees would choose to come down and debate PRICE brought to the Rules Committee that there were probably some mis- things today. And so I’m disappointed yesterday, which the Rules Committee takes that were made, not yet ac- that, in a day where really not much rejected on a party-line basis, was part knowledging the failure on the part of else is going on, that we could not in- of really the debate and discussion that the Fed to step forward and deal mean- clude the full discussion and take this I think needs to take place as we talk ingfully, using the powers that they day to talk about affordable housing about taxpayer money being involved had in the housing market. Today we and where the ideas are that each and with housing in this country. And the see the consequences of that failure, of every Member might have on how we’re amendment which was rejected by the new Democrat majority universally this Congress, a failure of being able to going to increase homeownership and across the line, every single Democrat meaningfully deal with the protection protect these homeowners. said, no, they did not want to hear the of American homeowners. I find it interesting, however, with debate on this, and it is as follows: the Foreclosures are mounting by the some of the speakers that we’ve had amendment said that it would require day, but we’re only seeing the tip of today, that just a few years ago we that any individual or household re- the iceberg, because literally tens of were, with full knowledge of this United States Congress, very pleased ceiving money from the affordable thousands of people every week are housing fund must present verification going to be facing a situation where ad- that homeownership was increasing all across America and that credit was of legal residency by a secure identi- justable rate mortgages in the months fication document. ahead are going to be exploding in being extended to a number of people, including lots of families who would Mr. Speaker, let’s be forthright about much higher rates, where people are have an opportunity to finally own this. We have had discussion after dis- going to be paying $200, $300, $400, $500 their own home. And now we find out cussion, debate after debate about a month, or more, higher and be today that, in fact, it’s a lot of people health care, about public housing, trapped into these unfair subprime who are to blame, who are these greedy about housing funds, of virtually every loans. Where there is a clear pattern of people who were the lenders, who were single topic that we get into here on abuse of lower income, less sophisti- trying to get people and bring them in the floor of the House of Representa- cated buyers, it’s time for us to put on to buy houses when, in fact, it was the tives where we believe, the Republican the table more comprehensive ap- national will. It was a good thing that Party believes, that people who are proaches. they would have, virtually at no cost seeking assistance and help from funds, Isn’t it time to reconsider the draco- down, an opportunity to come and be whether it be taxpayers or public sys- nian bankruptcy legislation that this in a house. We heard testimony where tems like this that do utilize the at- House passed a few years ago? Maybe it people really could get in houses for tributes of the government, that there is time to treat the homeowner, deal- cheaper than they could living in an should be a verification that somebody ing with the most valuable asset most apartment. So millions of Americans is in this country legally and has legal families have, their home, the same went and did that. And they willingly status. Mr. Speaker, repeatedly this new way that a business person who specu- signed on the line, yes, I will take this Democrat majority, whether it’s for lated in purchasing homes for invest- low-cost loan right now, and in 5 years health care or whether it’s now for this ment purposes would be treated in I will have to go to a market-based new housing fund, they do not want to bankruptcy. The speculative business rate to borrow the money. require that someone even has to person can readjust mortgage terms; This wasn’t a mistake. This wasn’t present verification of who they are. they can negotiate interest rates in the somebody being greedy. This was some- And we disagree with that. And I am amount of the loan. That is denied to one who was out offering an oppor- sorry that the Rules Committee made homeowners. tunity. And as all of us would have to a determination and the Democratic Maybe it’s time to consider some predict the future, we don’t know what Party decided that they do not want to consumer protections. If you buy a $40 the future would be, but it got people have to have anyone present toaster that explodes, there is a Fed- in homes, and now we do have some verification of who they are or that eral agency that will protect you. But problems. And dealing effectively with they are in this country legally. if you buy a financial instrument that the problem is, I think, what we should has a one-in-four chance of exploding be remembered for, not looking back b 1100 in the face of the buyer, putting at risk and saying what a bad idea it was to We disagree with that. I am sorry their number one asset, there isn’t any make sure that millions of families that the Rules Committee did not similar protections. could get in their own homes. allow that in order for the gentleman, While I appreciate the legislation So I respectfully disagree with those Mr. PRICE, to be able to argue that as that’s coming forward, I am hopeful that come to the floor here today to part of the debate today. that it is just the beginning of dealing argue about greed and all these people So, Mr. Speaker, I will be voting with this ongoing problem. who took advantage of these poor and ‘‘no.’’ I will be voting ‘‘no’’ on this rule Mr. SESSIONS. Mr. Speaker, I was low-income homeowners. I think it was because I believe that what this new waiting for one additional speaker, and a good thing. I’m sorry it has not Democrat majority did was to shut that gentleman has not showed up at worked out in every single case. But down debate even in a day when we this time. I would like to inquire of the guessing what something is going to be have lots of time to get the best ideas gentlewoman if she has additional like in 5 years means that you have a on the floor and to make sure that speakers, or where we may stand. If I chance to plan and be prepared for it. every single Member can be heard could quickly engage the gentlewoman. And so now we will be judged on how from. Ms. MATSUI. Mr. Speaker, I am well we do to make sure that we lessen Mr. Speaker, I yield back the balance waiting for an additional speaker. the activity of the number of people of my time. Mr. SESSIONS. The gentlewoman is who have to bail out of their houses be- Ms. MATSUI. Mr. Speaker, before I waiting for an additional speaker, and cause they can’t afford them. close, I just want to make a comment I appreciate that very, very much. Mr. Speaker, I reserve the balance of that H.R. 1852 already has strong iden- Mr. Speaker, you know, we are here my time. tification requirements for those ap- this morning, almost 11 o’clock in Ms. MATSUI. Mr. Speaker, my re- plying for FHA-backed mortgage insur- Washington, D.C. I don’t know of much maining speakers are not here, so I am ance.

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K18SE7.016 H18SEPT1 bajohnson on PROD1PC71 with HOUSE September 18, 2007 CONGRESSIONAL RECORD — HOUSE H10445 With that, Mr. Speaker, we know The vote was taken by electronic de- Deal (GA) Kingston Putnam that our housing market is in severe vice, and there were—yeas 217, nays Diaz-Balart, L. Kirk Radanovich Diaz-Balart, M. Kline (MN) Ramstad distress. We must ensure that subprime 183, answered ‘‘present’’ 1, not voting Donnelly LaHood Regula mortgage lending is not putting our 31, as follows: Doolittle Lamborn Rehberg residents at risk. Subprime mortgages Drake Latham Reichert [Roll No. 870] Dreier Lewis (CA) can be a very useful tool enabling those Rogers (AL) YEAS—217 Duncan Lewis (KY) Rogers (KY) with imperfect credit to qualify to buy Ehlers Linder Abercrombie Grijalva Olver Rogers (MI) Ellsworth LoBiondo a home. Reining in predatory lending Ackerman Gutierrez Ortiz Rohrabacher English (PA) Lucas Andrews Hall (NY) Pallone Ros-Lehtinen practices will help our families keep Everett Lungren, Daniel Arcuri Hall (TX) Roskam those homes that they have worked so Pascrell Fallin E. Baca Hare Royce Pastor Feeney Mack hard to buy. The Expanding American Baird Harman Ryan (WI) Paul Flake Manzullo Homeownership Act will ensure that Baldwin Hastings (FL) Sali Payne Fossella Marchant Bean Higgins Saxton FHA has the tools it needs to get more Perlmutter Foxx Marshall Becerra Hinchey Schmidt home buyers into good loans. Pomeroy Franks (AZ) McCarthy (CA) Berkley Hinojosa Sensenbrenner Price (NC) Frelinghuysen McCaul (TX) This bill will bring the FHA regula- Berman Hirono Sessions Rahall Gallegly McCotter tions up to date. It will provide the Berry Hodes Shadegg Rangel Garrett (NJ) McCrery Bishop (GA) Holden agency with the ability and resources Reyes Gerlach McHenry Shays Bishop (NY) Holt to offer a broader diversity of loans to Reynolds Gilchrest McHugh Shimkus Blumenauer Honda Richardson Gingrey McKeon Shuler meet the needs of the current market. Boren Hooley Rodriguez Goode McMorris Shuster Boswell Hoyer This is an important bill that will give Ross Goodlatte Rodgers Simpson Boyd (FL) Inslee more of our constituents access to Rothman Gordon Mica Smith (NE) Boyda (KS) Israel Roybal-Allard Granger Miller (FL) Smith (NJ) solid federally backed loans. That is a Brady (PA) Jackson (IL) Ruppersberger Graves Miller (MI) Smith (TX) kind of stable financing that home- Braley (IA) Jackson-Lee Rush Hastert Miller, Gary Souder Brown, Corrine (TX) owners need to get through the rocky Salazar Hastings (WA) Mitchell Stupak Brown-Waite, Jefferson times our real estate market is weath- Sa´ nchez, Linda Hayes Moran (KS) Terry Ginny Johnson (GA) T. Heller Murphy, Tim Thompson (CA) ering. Butterfield Johnson, E. B. Sanchez, Loretta Herger Musgrave Thornberry The Financial Services Committee Capps Jones (NC) Sarbanes Herseth Sandlin Myrick Tiberi Capuano Jones (OH) has worked very hard to get this bill to Schakowsky Hill Neugebauer Turner Cardoza Kagen Schiff Hobson Nunes Upton the floor. I hope that we can keep it Carnahan Kaptur Schwartz Hoekstra Pearce Walden (OR) moving forward. I hope that my col- Carson Kennedy Scott (GA) Hulshof Pence Wamp Castor Kildee leagues will join me and show strong Scott (VA) Hunter Peterson (MN) Weller Chandler Kilpatrick bipartisan support for the rule before Serrano Inglis (SC) Petri Westmoreland Clay Kind Sestak Issa Pitts Whitfield us and the underlying bill. Cleaver Klein (FL) Shea-Porter Johnson, Sam Platts Wicker Mr. Speaker, I yield back the balance Clyburn Kucinich Sherman Jordan Poe Wilson (NM) Coble Kuhl (NY) of my time, and I move the previous Sires Keller Porter Wilson (SC) Cohen Lampson question on the resolution. Skelton King (IA) Price (GA) Wolf Conyers Langevin Smith (WA) King (NY) Pryce (OH) Young (AK) The SPEAKER pro tempore (Mr. Cooper Lantos Snyder HOLDEN). The question is on ordering Costa Larsen (WA) Solis ANSWERED ‘‘PRESENT’’—1 Costello Larson (CT) the previous question. Space Courtney LaTourette Gohmert The question was taken; and the Spratt Cramer Lee NOT VOTING—31 Speaker pro tempore announced that Crowley Levin Stark the ayes appeared to have it. Cuellar Lewis (GA) Stearns Allen Jindal Pickering Mr. SESSIONS. Mr. Speaker, on that Cummings Lipinski Sutton Boucher Johnson (IL) Renzi Tanner Carney Kanjorski I demand the yeas and nays. Davis (AL) Loebsack Ryan (OH) Davis (CA) Lofgren, Zoe Tauscher Clarke Knollenberg Slaughter The yeas and nays were ordered. Davis (IL) Lynch Taylor Cubin Lowey Sullivan The SPEAKER pro tempore. Pursu- Davis, Lincoln Mahoney (FL) Thompson (MS) Davis, Jo Ann Maloney (NY) Tancredo ant to clause 8 of rule XX, further pro- DeFazio Markey Tiahrt DeGette McCarthy (NY) Walberg Delahunt Matheson Tierney DeLauro McGovern Weldon (FL) ceedings on this question will be post- Towns Edwards Meeks (NY) Dent Matsui Wilson (OH) poned. Dicks McCollum (MN) Udall (CO) Emerson Melancon f Dingell McDermott Udall (NM) Hensarling Peterson (PA) Van Hollen Doggett McIntyre b 1125 ANNOUNCEMENT BY THE SPEAKER Doyle McNerney Vela´ zquez PRO TEMPORE Ellison McNulty Visclosky Mr. SAM JOHNSON of Texas changed Emanuel Meek (FL) Walsh (NY) his vote from ‘‘yea’’ to ‘‘nay.’’ The SPEAKER pro tempore. Pursu- Engel Michaud Walz (MN) ant to clause 8 of rule XX, proceedings Eshoo Miller (NC) Wasserman Ms. CARSON changed her vote from will resume on questions previously Etheridge Miller, George Schultz ‘‘nay’’ to ‘‘yea.’’ Farr Mollohan Waters postponed. So the Journal was approved. Fattah Moore (KS) Watson The result of the vote was announced Votes will be taken in the following Ferguson Moore (WI) Watt order: Filner Moran (VA) Waxman as above recorded. Approval of the Journal, by the yeas Forbes Murphy (CT) Weiner f Fortenberry Murphy, Patrick Welch (VT) and nays; Frank (MA) Murtha Wexler PROVIDING FOR CONSIDERATION Ordering the previous question on H. Giffords Nadler Woolsey OF H.R. 1852, EXPANDING AMER- Res. 650, by the yeas and nays; Gillibrand Napolitano Wu Gonzalez Neal (MA) Wynn ICAN HOMEOWNERSHIP ACT OF Adoption of H. Res. 650, if ordered. 2007 The first electronic vote will be con- Green, Al Oberstar Yarmuth Green, Gene Obey Young (FL) ducted as a 15-minute vote. Remaining The SPEAKER pro tempore. The un- electronic votes will be conducted as 5- NAYS—183 finished business is the vote on order- minute votes. Aderholt Blackburn Camp (MI) ing the previous question on House Akin Blunt Campbell (CA) f Resolution 650, on which the yeas and Alexander Boehner Cannon nays were ordered. THE JOURNAL Altmire Bonner Cantor Bachmann Bono Capito The Clerk read the title of the resolu- The SPEAKER pro tempore. Pursu- Bachus Boozman Carter tion. ant to clause 8 of rule XX, the unfin- Baker Boustany Castle The Speaker pro tempore. The ques- Barrett (SC) Brady (TX) Chabot ished business is the question on agree- Barrow Broun (GA) Cole (OK) tion is on ordering the previous ques- ing to the Speaker’s approval of the Bartlett (MD) Brown (SC) Conaway tion. Journal, on which the yeas and nays Barton (TX) Buchanan Crenshaw This will be a 5-minute vote. were ordered. Biggert Burgess Culberson The vote was taken by electronic de- Bilbray Burton (IN) Davis (KY) The question is on the Speaker’s ap- Bilirakis Buyer Davis, David vice, and there were—yeas 226, nays proval of the Journal. Bishop (UT) Calvert Davis, Tom 191, not voting 15, as follows:

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K18SE7.018 H18SEPT1 bajohnson on PROD1PC71 with HOUSE H10446 CONGRESSIONAL RECORD — HOUSE September 18, 2007 [Roll No. 871] Drake Kuhl (NY) Rehberg you were trying to do. I am not op- Dreier LaHood Reichert posed to extending courtesies. I am YEAS—226 Duncan Lamborn Reynolds Abercrombie Gutierrez Neal (MA) Ehlers Latham Rogers (AL) very obviously concerned about the ex- Ackerman Hall (NY) Oberstar Emerson LaTourette Rogers (KY) tension of any time after the vote says Altmire Hare Obey English (PA) Lewis (CA) Rogers (MI) ‘‘final.’’ Everett Lewis (KY) Andrews Harman Olver Rohrabacher I thank the gentleman. Arcuri Hastings (FL) Ortiz Fallin Linder Ros-Lehtinen Feeney LoBiondo Baca Herseth Sandlin Pallone Roskam Ferguson Lucas Baird Higgins Pascrell Royce b 1136 Flake Lungren, Daniel Baldwin Hill Pastor Ryan (WI) Forbes E. So the previous question was ordered. Bean Hinchey Payne Sali Fortenberry Mack Becerra Hinojosa Perlmutter Saxton The result of the vote was announced Fossella Manzullo Berkley Hirono Peterson (MN) Schmidt as above recorded. Berman Hodes Foxx Marchant Sensenbrenner Pomeroy Franks (AZ) McCarthy (CA) POINT OF ORDER Berry Holden Sessions Price (NC) Frelinghuysen McCaul (TX) Bishop (GA) Holt Shadegg Mr. MANZULLO. Mr. Speaker, point Rahall Gallegly McCotter Bishop (NY) Honda Rangel Shays of order. Blumenauer Hooley Garrett (NJ) McCrery Reyes Shimkus Boren Hoyer Gerlach McHenry The SPEAKER pro tempore. The gen- Richardson Shuster Boswell Inslee Gilchrest McHugh tleman will state his point of order. Rodriguez Simpson Boucher Israel Gingrey McKeon Ross Smith (NE) Mr. MANZULLO. Who was control- Boyd (FL) Jackson (IL) Gohmert McMorris Rothman Goode Rodgers Smith (NJ) ling the clock that puts up the word Boyda (KS) Jackson-Lee Smith (TX) Brady (PA) (TX) Roybal-Allard Goodlatte Mica ‘‘final’’? Ruppersberger Granger Miller (FL) Souder Braley (IA) Jefferson Stearns The SPEAKER pro tempore. The gen- Brown, Corrine Johnson (GA) Rush Graves Miller (MI) Sullivan tleman is not stating a point of order. Butterfield Johnson, E. B. Ryan (OH) Hall (TX) Miller, Gary Terry Capps Jones (OH) Salazar Hastert Moran (KS) Mr. MANZULLO. The computer is Thornberry Capuano Kagen Sa´ nchez, Linda Hastings (WA) Murphy, Tim doing it? Tiahrt Cardoza Kanjorski T. Hayes Musgrave Tiberi The SPEAKER pro tempore. The Carnahan Kaptur Sanchez, Loretta Heller Myrick Turner clock is for display only. As previously Carson Kennedy Sarbanes Herger Neugebauer Upton Castor Kildee Schakowsky Hobson Nunes stated, the Chair was trying to close Walberg Chandler Kilpatrick Schiff Hoekstra Paul the vote, but Members were raising Walden (OR) Clarke Kind Schwartz Hulshof Pearce Walsh (NY) their hands indicating they had not Clay Klein (FL) Scott (GA) Hunter Pence Cleaver Kucinich Scott (VA) Inglis (SC) Petri Wamp voted, and the Chair extended them the Clyburn Lampson Serrano Issa Pitts Weldon (FL) courtesy of allowing them to vote. Cohen Langevin Sestak Johnson, Sam Platts Weller The SPEAKER pro tempore. The Jones (NC) Poe Westmoreland Conyers Lantos Shea-Porter question is on the resolution. Cooper Larsen (WA) Sherman Jordan Porter Whitfield Costa Larson (CT) Shuler Keller Price (GA) Wicker The question was taken; and the Wilson (NM) Costello Lee Sires King (IA) Pryce (OH) Speaker pro tempore announced that Wilson (SC) Courtney Levin Skelton King (NY) Putnam Kingston Radanovich Wolf the noes appeared to have it. Cramer Lewis (GA) Smith (WA) Kirk Ramstad Young (AK) RECORDED VOTE Crowley Lipinski Snyder Kline (MN) Regula Young (FL) Cuellar Loebsack Solis Ms. MATSUI. Mr. Speaker, I demand Cummings Lofgren, Zoe Space NOT VOTING—15 a recorded vote. Davis (AL) Lowey Spratt Allen Hensarling Pickering A recorded vote was ordered. Davis (CA) Lynch Stark Davis (IL) Mahoney (FL) Bachus Jindal Renzi The SPEAKER pro tempore. This Stupak Carney Johnson (IL) Slaughter Davis, Lincoln Maloney (NY) Sutton will be a 5-minute vote. DeFazio Markey Cubin Knollenberg Tancredo Tanner Davis, Jo Ann Peterson (PA) Van Hollen The vote was taken by electronic de- DeGette Marshall Tauscher Delahunt Matheson vice, and there were—ayes 227, noes 190, Taylor ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE DeLauro Matsui Thompson (CA) not voting 15, as follows: Dicks McCarthy (NY) The SPEAKER pro tempore (during Thompson (MS) Dingell McCollum (MN) the vote). Members are advised 2 min- [Roll No. 872] Tierney Doggett McDermott AYES—227 Towns utes remain in this vote. Donnelly McGovern PARLIAMENTARY INQUIRY Abercrombie Cooper Gutierrez Doyle Udall (CO) McIntyre Ackerman Costa Hall (NY) Edwards McNerney Udall (NM) Mr. SESSIONS (during the vote). Mr. ´ Altmire Costello Hare Ellison Velazquez McNulty Speaker, point of parliamentary in- Andrews Courtney Harman Ellsworth Visclosky Meek (FL) quiry. Arcuri Cramer Hastings (FL) Emanuel Walz (MN) Meeks (NY) Baca Crowley Herseth Sandlin Engel Wasserman The SPEAKER pro tempore. The gen- Melancon Baird Cuellar Higgins Eshoo Schultz tleman will state his inquiry. Michaud Baldwin Cummings Hill Etheridge Waters Miller (NC) Mr. SESSIONS. Could the Speaker Barrow Davis (AL) Hinchey Farr Watson Miller, George please provide this body with the infor- Bean Davis (CA) Hinojosa Fattah Watt Mitchell mation about how the Chair intends to Becerra Davis (IL) Hirono Filner Waxman Mollohan Berkley Davis, Lincoln Hodes Frank (MA) Weiner rule in regard to the clock when it says Moore (KS) Berman DeFazio Holden Giffords Welch (VT) Moore (WI) ‘‘time final,’’ and yet you have gaveled Berry DeGette Holt Gillibrand Wexler Moran (VA) several times, and yet you are accept- Bishop (GA) Delahunt Honda Gonzalez Wilson (OH) Murphy (CT) Bishop (NY) DeLauro Hooley Gordon Woolsey ing more votes. Could you please de- Murphy, Patrick Blumenauer Dicks Hoyer Green, Al Wu scribe to us what we can count on. I Murtha Boren Dingell Inslee Green, Gene Wynn Nadler think it is important for this entire Boswell Doggett Israel Grijalva Napolitano Yarmuth body to understand so that we know Boucher Donnelly Jackson (IL) when the votes are final and when they Boyd (FL) Doyle Jackson-Lee NAYS—191 Boyda (KS) Edwards (TX) Aderholt Bono Capito are not. Brady (PA) Ellison Jefferson Akin Boozman Carter The SPEAKER pro tempore. The Braley (IA) Ellsworth Johnson (GA) Alexander Boustany Castle Chair will inform the gentleman from Brown, Corrine Emanuel Johnson, E. B. Bachmann Brady (TX) Chabot Texas that the board is for display Butterfield Engel Jones (OH) Baker Broun (GA) Coble Capps Eshoo Kagen Barrett (SC) Brown (SC) Cole (OK) only. The Chair will also tell the gen- Capuano Etheridge Kanjorski Barrow Brown-Waite, Conaway tleman from Texas that the Chair Cardoza Farr Kaptur Bartlett (MD) Ginny Crenshaw began to announce the vote several Carnahan Fattah Kennedy Barton (TX) Buchanan Culberson times, but noticed that Members were Carson Filner Kildee Biggert Burgess Davis (KY) Castor Frank (MA) Kilpatrick Bilbray Burton (IN) Davis, David still trying to vote; and to extend them Chandler Giffords Kind Bilirakis Buyer Davis, Tom the courtesy to vote, the Chair waited. Clarke Gillibrand Klein (FL) Bishop (UT) Calvert Deal (GA) Members from both sides of the aisle Clay Gonzalez Kucinich Blackburn Camp (MI) Dent Cleaver Gordon Lampson Blunt Campbell (CA) Diaz-Balart, L. were trying to vote. Clyburn Green, Al Langevin Boehner Cannon Diaz-Balart, M. Mr. SESSIONS. Mr. Speaker, I appre- Cohen Green, Gene Lantos Bonner Cantor Doolittle ciate that. I also did recognize what Conyers Grijalva Larsen (WA)

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\A18SE7.002 H18SEPT1 bajohnson on PROD1PC71 with HOUSE September 18, 2007 CONGRESSIONAL RECORD — HOUSE H10447 Larson (CT) Neal (MA) Shuler Turner Weldon (FL) Wilson (SC) is it at the time of handing of the gavel Lee Oberstar Sires Upton Weller Wolf down? Some other action has to occur? Levin Obey Skelton Walberg Westmoreland Young (AK) Lewis (GA) Olver Smith (WA) Walden (OR) Whitfield Young (FL) The SPEAKER pro tempore. The gen- Lipinski Ortiz Snyder Walsh (NY) Wicker tleman is correct. The Chair is advised Loebsack Pallone Solis Wamp Wilson (NM) that the word ‘‘final’’ appears on the Lofgren, Zoe Pascrell Space NOT VOTING—15 wall display as an indication of the sta- Lowey Pastor Spratt Lynch Payne Stark Allen Hensarling Peterson (PA) tus of the computer, not of the status Mahoney (FL) Perlmutter Stupak Carney Jindal Renzi of the vote. Maloney (NY) Peterson (MN) Tanner Cubin Johnson (IL) Slaughter Mr. GARRETT of New Jersey. Fur- Markey Pomeroy Davis, Jo Ann Knollenberg Sutton Tauscher ther parliamentary inquiry? Marshall Price (NC) Taylor Heller Musgrave Tancredo Matheson Rahall The SPEAKER pro tempore. The gen- Thompson (CA) b 1145 Matsui Rangel Thompson (MS) tleman will state his further par- McCarthy (NY) Reyes Tierney McCollum (MN) Richardson So the resolution was agreed to. liamentary inquiry. Towns McDermott Rodriguez The result of the vote was announced Mr. GARRETT of New Jersey. The Udall (CO) McGovern Ross Udall (NM) as above recorded. final element of when a vote is actually McIntyre Rothman Van Hollen A motion to reconsider was laid on closed is when the Speaker, in this case McNerney Roybal-Allard ´ McNulty Ruppersberger Velazquez the table. yourself, actually hands down the Visclosky Meek (FL) Rush f gavel and not the board? Meeks (NY) Ryan (OH) Walz (MN) The SPEAKER pro tempore. It is Melancon Salazar Wasserman GENERAL LEAVE Michaud Sa´ nchez, Linda Schultz when the Chair announces the result of Miller (NC) T. Waters Mr. FRANK of Massachusetts. Mr. the vote. Miller, George Sanchez, Loretta Watson Speaker, I ask unanimous consent that Mr. GARRETT of New Jersey. I Watt Mitchell Sarbanes all Members have 5 legislative days thank the Speaker for the clarifica- Mollohan Schakowsky Waxman Moore (KS) Schiff Weiner within which to revise and extend their tion. I appreciate it. Moore (WI) Schwartz Welch (VT) remarks on H.R. 1852 and insert extra- f Moran (VA) Scott (GA) Wexler neous material. Murphy (CT) Scott (VA) Wilson (OH) The SPEAKER pro tempore. Is there EXPANDING AMERICAN Murphy, Patrick Serrano Woolsey HOMEOWNERSHIP ACT OF 2007 Murtha Sestak Wu objection to the request of the gen- Nadler Shea-Porter Wynn tleman from Massachusetts? The SPEAKER pro tempore. Pursu- Napolitano Sherman Yarmuth There was no objection. ant to House Resolution 650 and rule XVIII, the Chair declares the House in NOES—190 f the Committee of the Whole House on ALLOWING AMENDMENT NO. 2 TO Aderholt Feeney McHugh the state of the Union for the consider- Akin Ferguson McKeon BE OFFERED OUT OF SEQUENCE ation of the bill, H.R. 1852. Alexander Flake McMorris DURING CONSIDERATION OF H.R. Bachmann Forbes Rodgers 1147 Bachus Fortenberry Mica 1852 b Baker Fossella Miller (FL) Mr. FRANK of Massachusetts. Mr. IN THE COMMITTEE OF THE WHOLE Barrett (SC) Foxx Miller (MI) Bartlett (MD) Franks (AZ) Miller, Gary Speaker, I ask unanimous consent that Accordingly, the House resolved Barton (TX) Frelinghuysen Moran (KS) during consideration of H.R. 1852 in the itself into the Committee of the Whole Biggert Gallegly Murphy, Tim Committee of the Whole, pursuant to House on the state of the Union for the Bilbray Garrett (NJ) Myrick consideration of the bill (H.R. 1852) to Bilirakis Gerlach Neugebauer House Resolution 650, amendment No. 2 Bishop (UT) Gilchrest Nunes may be offered out of sequence by a co- modernize and update the National Blackburn Gingrey Paul sponsor, the gentleman from California Housing Act and enable the Federal Blunt Gohmert Pearce (Mr. CARDOZA). Housing Administration to use risk- Boehner Goode Pence Bonner Goodlatte Petri The SPEAKER pro tempore. Is there based pricing to more effectively reach Bono Granger Pickering objection to the request of the gen- underserved borrowers, and for other Boozman Graves Pitts tleman from Massachusetts? purposes, with Mrs. JONES of Ohio in Boustany Hall (TX) Platts the chair. Brady (TX) Hastert Poe There was no objection. Broun (GA) Hastings (WA) Porter f The Clerk read the title of the bill. Brown (SC) Hayes Price (GA) The CHAIRMAN. Pursuant to the Brown-Waite, Herger Pryce (OH) PARLIAMENTARY INQUIRY rule, the bill is considered read the Ginny Hobson Putnam Buchanan Hoekstra Radanovich Mr. GARRETT of New Jersey. Mr. first time. Burgess Hulshof Ramstad Speaker, parliamentary inquiry. The gentlewoman from California Burton (IN) Hunter Regula The SPEAKER pro tempore. The gen- (Ms. WATERS) and the gentlewoman Buyer Inglis (SC) Rehberg tleman will state his parliamentary in- from Illinois (Mrs. BIGGERT) each will Calvert Issa Reichert Camp (MI) Johnson, Sam Reynolds quiry. control 30 minutes. Campbell (CA) Jones (NC) Rogers (AL) Mr. GARRETT of New Jersey. Can The Chair recognizes the gentle- Cannon Jordan Rogers (KY) the Speaker please clarify within the woman from California. Cantor Keller Rogers (MI) Capito King (IA) Rohrabacher rules of the House when a bill is final Ms. WATERS. Madam Chairman, I Carter King (NY) Ros-Lehtinen in terms of not being subject to open yield myself such time as I may con- Castle Kingston Roskam and changing the votes? Is it when the sume. Chabot Kirk Royce board says final or is it when the I rise in support of H.R. 1852, the Ex- Coble Kline (MN) Ryan (WI) Cole (OK) Kuhl (NY) Sali Speaker gavels the bill down? panded American Homeownership Act Conaway LaHood Saxton The SPEAKER pro tempore. The of 2007. As you know, I introduced H.R. Crenshaw Lamborn Schmidt board is for display purposes; and when 1852 on March 29, 2007, and I want to Culberson Latham Sensenbrenner Davis (KY) LaTourette Sessions the Chair hit the gavel to see if any take this time to thank Chairman Davis, David Lewis (CA) Shadegg Members wished to change their votes, FRANK for his original cosponsorship. I Davis, Tom Lewis (KY) Shays several Members from both sides of the also want to acknowledge each of my Deal (GA) Linder Shimkus aisle indicated they had not voted, and colleagues both on the Committee on Dent LoBiondo Shuster Diaz-Balart, L. Lucas Simpson the Chair extended the courtesy to Financial Services and in the House Diaz-Balart, M. Lungren, Daniel Smith (NE) allow Members to vote. who have joined with me to see that Doolittle E. Smith (NJ) Mr. GARRETT of New Jersey. Fur- this important legislation passes the Drake Mack Smith (TX) Dreier Manzullo Souder ther parliamentary inquiry then. House. Duncan Marchant Stearns The SPEAKER pro tempore. The gen- It has been a little over 4 months Ehlers McCarthy (CA) Sullivan tleman will state his further par- since the Committee on Financial Emerson McCaul (TX) Terry liamentary inquiry. Services considered this measure to re- English (PA) McCotter Thornberry Everett McCrery Tiahrt Mr. GARRETT of New Jersey. Just so vitalize the Federal Housing Adminis- Fallin McHenry Tiberi I am clear, it is not upon the board, nor tration, or FHA. On May 3, 2007, the

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\A18SE7.003 H18SEPT1 bajohnson on PROD1PC71 with HOUSE H10448 CONGRESSIONAL RECORD — HOUSE September 18, 2007 Expanding American Homeownership but qualified, buyers; it will enhance Mr. BACHUS. Madam Chairman, the Act passed the Committee on Financial the FHA reverse mortgage loan pro- Federal Housing Administration, which Services by a vote of 45–19. gram, promote the sale of foreclosed we today call FHA, was created in 1934; The ensuing period has only made FHA rental housing, loans to localities and it is a very important source of the need to enact H.R. 1852 clearer. We so that affordable housing can be main- support for first-time home buyers and are all aware of the turmoil in the tained in local communities, authorize for low- and middle-income borrowers. mortgage markets with the dramatic up to $300 million a year for the next 5 FHA provides mortgage insurance that rise in foreclosures. Some predict as fiscal years from the bill’s excess prof- protects lenders against losses when many as 2 million mortgage loan de- its for an affordable housing fund in- homeowners default on their mortgage faults by year’s end. Equally troubling stead of returning such funds to the obligations, as many of them are doing is the widening impact that the mort- general treasury. today. It also allows the lenders to gage crisis is having within the domes- Notably, H.R. 1852 also includes a offer their customers, American home- tic and global economy. We still don’t number of important changes to the owners, low interest rates and low clos- know the full scope of that impact, but FHA bill that passed the House last ing costs. it is clear that we must take prudent year. First, it eliminates the fee in- Since its inception, the FHA has in- steps to address the underlying issues creases from last year’s bill for bor- sured nearly 35 million loans. That in the housing markets. rowers that continue to make a down makes it the largest insurer of mort- H.R. 1852 is a necessary step in that payment, scaling back the maximum gages in the world. FHA’s share of the direction. To be clear, this legislation upfront fee from 3 percent to 2.5, and mortgage market, however, has been will not by itself resolve the crisis. In- the maximum annual fee from 2 per- steadily declining in recent years, fall- deed, later this week the Committee on cent to .55 percent. ing from almost 20 percent 10 years Financial Services will hold a hearing These reductions would reduce FHA ago, of the total mortgage market in to discuss the major players in govern- closing costs premiums for a hypo- America, to 5 percent today. ment and the markets’ other strategies thetical family buying a $300,000 home This sharp drop in FHA’s market to address this multi-faceted problem. by $2,250, and annual fees over a 5-year share resulted largely from the grow- Revitalizing FHA, however, is an es- period by over $20,000 compared to last ing popularity of subprime mortgages, sential element of a comprehensive year’s bill. as more borrowers opted for loans fea- strategy. FHA is a federally insured This bill also includes a provision au- turing zero down payments and intro- loan program that for over 60 years has thorizing loan limit increases for FHA ductory teaser rates far lower than been a reliable source of affordable rental housing loans in high-cost areas what was available from FHA. fixed-rate mortgage loans, especially where current FHA loans do not keep The difficulties we are experiencing for first-time home buyers. pace with local construction costs. In today by many subprime borrowers is At the end of funding year 2006, FHA this way we are ensuring that FHA as their initial low interest rates reset had $338.6 billion of insurance in force contributes to the full range of afford- at a much higher level, it offers FHA on about 3.9 million loans. From 1934 able housing stock we so desperately an opportunity to reestablish its stand- through the end of funding year 2006, need in this country, from homeowner- ing in the marketplace as a safe, low- FHA had insured about $33.9 million ship to rental housing. cost alternative for American home- home loans at a mortgage volume of In that vein, H.R. 1852 also differs owners. It is also another reason that about $1.9 trillion. from H.R. 1752 in a final, absolutely we should be here today reforming Once the preeminent provider of critical respect. This bill recognizes FHA, to ensure that that happens. mortgage insurance to low- and mod- the full scope of the affordable housing For that to happen, Congress does erate-income home buyers, FHA has crisis facing the Nation by targeting up need to pass the reforms that we are seen a precipitous drop in its market to $300 million annually for the next 5 considering today. I want to say that share in recent years. In 1991, FHA years to an affordable housing fund for right upfront. There are important re- loans accounted for about 11 percent of grants to provide affordable rental forms in this bill. These same reforms the market. By 2004, that share had housing and homeownership opportuni- were contained in legislation that dropped to about 3 percent. ties for low-income families. Ranking Member BIGGERT of the Hous- Borrowers have increasingly turned This measure is clearly needed. We ing Committee and myself and others to the private subprime market for can thank BARNEY FRANK for all of the in a bipartisan way introduced in the loans, many of which contained adjust- work and all of the attention and time 109th Congress. In fact, that legisla- able rates that are now resetting, or that he put into making sure that this tion, Comprehensive FHA Reform, and will do so in the near future. In the ab- was a part of this bill. Simply put, this that is in this bill today, and is very sence of significant appreciation in the country faces an affordable housing good provisions, passed with over 400 values of their homes, many of these crisis of epic proportions. According to votes on the House floor, only to die in borrowers will be unable to refinance Harvard University’s State of the Na- the Senate. I am sorry that happened. to ensure affordable monthly payments tion’s Housing in 2007 report, 17 million Earlier this year, Congresswoman into the future. renters and homeowners are paying BIGGERT and I reintroduced legislation H.R. 1852 will enable FHA to serve more than half their incomes in hous- identical to that legislation. However, more subprime borrowers at affordable ing costs. There just isn’t enough af- and I am sorry to say that rather than rates and terms, recapture borrowers fordable housing stock to go around. embracing last year’s bipartisan ap- that have turned to problematic With that, and in closing, I have said proach, the majority has chosen to go subprime loans in recent years, and for many years that there is an afford- in a different direction. I think they do offer refinancing loan opportunities to able housing crisis in America. In re- that from honest philosophical reasons. borrowers struggling to meet their cent months that crisis has exploded We disagree with those reasons. mortgage payments in the midst of the beyond the poorest renters and home- They have included provisions which current home price and mortgage mar- owners, to threaten the domestic econ- we believe will divert surpluses gen- ket turbulence. omy. H.R. 1852 is a necessary step, erated by the FHA program to a new Specifically, this bill would authorize though not in itself a sufficient one, in affordable housing fund established in zero and lower down payment loans for walking us back from the brink and separate legislation which this House borrowers that can afford mortgage the direction of meeting the housing and our committee passed earlier this payments but lack the cash for re- needs of all Americans. year. quired down payment, a major reason Madam Chairman, I reserve the bal- While a strong bipartisan consensus that many low-income borrowers turn ance of my time. exists regarding the need for FHA re- to private subprime markets rather Mrs. BIGGERT. Madam Chairman, I form, the reforms in this bill, the ma- than FHA-insured loans. It will in- yield to the gentleman from Alabama jority is insistent on linking the enact- crease loan limits to make FHA rel- (Mr. BACHUS), the ranking member of ment of these reforms to the creation evant in high-cost markets, direct FHA the Financial Services Committee, for of yet a new multi-billion dollar hous- to provide mortgage loans to high-risk, 7 minutes. ing fund has caused many of us on this

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K18SE7.030 H18SEPT1 bajohnson on PROD1PC71 with HOUSE September 18, 2007 CONGRESSIONAL RECORD — HOUSE H10449 side of the aisle to hesitate from many of the Members will vote for this more, because people with weaker cred- strongly supporting this legislation. underlying legislation, some will not. it are likely to default. It is true people with weaker credit are likelier to de- b 1200 But, again, I want to acknowledge the sincerity and the good faith that the fault, but should everybody be penal- I admit, most of our Members are in majority has worked throughout this ized financially because some people a quandary. We like the reforms in this process with the minority; and, Chair- with weaker credit will default? bill. We know that those reforms will man WATERS and Chairman FRANK, we What we say is, if you are in that go a long way towards addressing the very much appreciate that. We appre- higher risk category and you go for- crisis that we face today, the Afford- ciate the many fine provisions in this ward and make your payments on able Housing Fund. And we realize at bill. time, you should be refunded that the same time that there is legitimate Ms. WATERS. I yield to the chair- money after 5 years automatically, 3 purpose behind Chairman FRANK’s Af- man as much time as he may consume. years at the discretion of HUD. fordable Housing Fund, and one of Mr. FRANK of Massachusetts. I So I reject the notion that we should those is to offer affordable low income thank the gentlewoman, the Chair of make the person in the lower credit rental property for Americans. And we the Housing Subcommittee who has category who conscientiously makes understand that he honestly believes, worked so hard all year on a number of her payments be the one who has to and we have an honest disagreement as very important pieces of legislation. bear the cost of a loan loss rate that is to the need for this. And I appreciate the kind words of the higher for people like her. That is not We simply believe that a better ap- ranking member. I congratulate him her fault. proach is to dedicate the FHA surplus on the newest addition to his extended Secondly, we have in here tougher re- to shoring up the financial solvency of family. And he correctly says, there is strictions than last year on the ability of HUD to raise FHA rates. Members the FHA mortgage program, which was a lot in this bill that we agree with; will note, the FHA has been making a only recently removed from GAO’s list there are some things that we disagree. of government programs at high risk Now, the ranking member of the sub- surplus recently, and the administra- for waste, fraud and abuse. committee, the gentlewoman from Illi- tion likes that and they can use that to A portion of that surplus could also nois, the ranking member of the full put into the general budget so Housing be returned to beneficiaries of the pro- committee. I should note, the gentle- and the FHA subsidize the rest of the budget. And a couple of times on a gram. Who are they? They are the woman from Illinois is no longer the fully bipartisan basis, through the ap- many people who have taken out FHA- ranking member of this subcommittee, propriators and through our com- insured reverse mortgages, many of she was recently moved, but she was mittee, we have written to HUD say- them senior citizens, and we could do during the pendency of this bill. They ing, no, don’t do that. Don’t raise FHA that in the form of lower insurance noted that last year a bill passed the fees when you are already making a premiums for all Americans who have House by 400 to a handful on the FHA, FHA mortgages. profit. and that is true. And the reason is, This bill, in fact, reduces the ability Madam Chairman, the key reforms that is the difference between us and included in this legislation, lowering of HUD to raise fees unless they can them. document that they are going to go in down payment requirements, increas- Last year, when they were in the ma- the red, and that is one of the dif- ing loan limits and mortgages that jority, they came out with a bill that ferences. If you vote for a substitute, FHA is authorized to ensure, giving had some things in it that we liked, a you will be voting for a weaker set of FHA more pricing flexibility, command couple things that we didn’t like, so we restrictions on HUD’s ability to raise broad consensus among Republicans, were reasonable and conciliatory and FHA fees. That is why the home build- Democrats, the Bush administration, voted for it. And now we are in the ma- ers and the realtors have generally consumer groups and the industry, the jority. And it is an odd argument to been supportive of the approach that realtors, the home builders and others. say that the bill that they passed when we are taking, because we don’t want Indeed, in announcing several of these they were in the majority, having de- HUD to have the freedom to raise the initiatives last month designed to con- feated some of our amendments, some- fees just to make a surplus for the rest tain the damage caused by the problem how now, because we were conciliatory of the government and make home- in subprime, President Bush stressed last year and supported it, we are obli- owners do that initial surplus. the critical role that FHA can play in gated to do the same thing. In addition, by the way, we take the assisting homeowners facing sharply The principle of deja vu all over cap off home equity mortgages, and higher mortgage payments and pos- again is not to be found in Jefferson’s that is what generates the money. We sibly foreclosure in reaffirming the ad- Manual. It is not binding. We built on don’t generate the money for the af- ministration’s support for the FHA what we agreed to last year and we fordable housing fund here by raising modernization legislation and many of added some things. Let me talk about fees on mortgage insurance in general; the provisions contained in this bill. where we disagree. in fact, we restrict HUD’s ability to do However, the administration, as have Oddly, the administration insists that. We do take the cap off mortgage many on our side of the aisle, also is that when we do mortgage insurance insurance. So what we are saying is, strongly opposed to using FHA surplus for lower income people, we agree, that there will be more home equity mort- as seed money for an untested, unre- going forward, and even in fact in help- gages granted. And, in fact, we put a lated government housing program, ing in the current crisis, FHA mort- restriction on the fee that can be one that is estimated to cost $3 billion gage insurance should be available for charged by those who originate them. or more. people with weaker credit who are in Not in the minority’s substitute, I be- Thus, by insisting that this bill carry the subprime category, now, if they lieve. And we say that extra money that controversial provision, we feel can refinance at a steady rate in the that comes not from raising anybody’s like the majority is delaying, if not future so they can go there in the first fees but increasing the volume is what jeopardizing, the enforcement of im- place. we can use for affordable housing. We portant reforms that we need now to But what the administration says is also say that you should raise the provide a lifeline for seeking to refi- this: If you are a woman making $48,000 limit. nance out of high cost subprime loans. a year and your credit isn’t great for a Now, the administration had been op- Madam Chairman, accordingly, I variety of reasons and you get mort- posed to it and they are parading it urge my colleagues to support Repub- gage insurance from the FHA, this ad- some but I believe not enough. We now licans’ amendments to strike the ex- ministration and the approach of my have a situation in which the market is traneous Affordable Housing Fund pro- Republican colleagues is to charge her telling us that they will not do mort- visions opposed by the administration more than any Member of this House gages if they go above the FHA-GSE and allow us to move forward quickly would be charged for the same mort- limit. And what this bill does is, A, to with badly needed and long overdue re- gage insurance, because what they say raise the limit based on the regional forms in the FHA program. If we are is, we will extend it to people with variation in house prices, but, in addi- not successful in those amendments, weaker credit, but we will charge them tion, says to the Secretary of HUD: If

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K18SE7.031 H18SEPT1 bajohnson on PROD1PC71 with HOUSE H10450 CONGRESSIONAL RECORD — HOUSE September 18, 2007 the market freezes up as it now does, Mr. MILLER has another one dealing Ms. WATERS. Madam Chairman, I you have discretion, the discretion of with down payment assistance. Mr. yield 2 minutes to the gentleman from the Secretary of HUD, to do a tem- TIBERI’s deals with the question of Texas (Mr. GREEN). porary increase in the limits. And I counseling. We are supportive of those. Mr. AL GREEN of Texas. I want to think that is a reasonable approach. There is a great deal of bipartisanship thank you and the chairman of the full Finally, the Affordable Housing here. committee for this brilliant and well Trust Fund. Be very clear. Look at the The realtors and home builders, two thought-out legislation. I absolutely bill. Not a penny can go to the Afford- of the private sector groups strongly support it. I am convinced that this able Housing Trust Fund under the leg- committed to helping with homeowner- bill, had it been in place, would have islation before us today until the Sec- ship and home building, support this helped many borrowers to avoid the retary of HUD certifies that the FHA bill and support our versions of it. All subprime market and many of those fund is fully solvent. That is, there is the consumer groups, the people who who also went into the predatory lend- no way under this bill that a penny can advocate for low income housing do. I ing areas, because it would provide rea- go to the Affordable Housing Trust hope that the bill is adopted. There are sonable rates without prepayment pen- Fund if it would in any way cause an some amendments that would kill it. I alties. increase in FHA mortgage insurance or will say there is an amendment to But this bill also has the Affordable in any way jeopardize the fund. strike the funds for the Affordable Housing Fund, and I support it whole- The question is, if there is a surplus Housing Fund. Members might want to heartedly. There is no question that there is a need to build, preserve, and generated by the mortgage insurance check. A virtually identical amend- renovate, rehabilitate affordable hous- rates, and remember, we are saying to ment was offered during the appropria- ing in this country. This bill gives us HUD you can’t charge as much as you tions bill to prohibit any FHA money the means by which it can be done. want to. So at the lower rate we im- from going there. It was defeated by 2– I also would like to point out that pose and with the increase in the vol- 1. It was a very large vote on this side, the bill has an amendment that we in- ume of home equity mortgages that obviously, but a significant vote on the troduced to deal with the mortgage generates a surplus, does it go into the other side. We have debated all these brokers. Treasury to do as they wish or can we issues. I hope by the end of the day we set it aside for an affordable housing will send the FHA bill through. b 1215 program? And for the first time, be- And let me just close by saying I wel- This bill requires mortgage brokers cause you do not have now a lot, there come what the administration did. We and correspondent lenders to safeguard are a lot of HUD programs, but there are moving closer. I hope by the end of and account for a borrower’s money. It aren’t any now that help build family today we will have sent this bill to the is actually codified into law. It would affordable housing. We have some for Senate, along with the GSE bill. And I require them to follow reasonable and the elderly; HUD tries to cut it. We have spoken to Secretary Paulson and lawful instructions of the borrower and have some for the disabled; HUD tries I have spoken with Members of the to act with reasonable skill, care, and to cut it. We do not have a general pro- Senate. If the Senate will then take up diligence in handling the money of bor- gram for helping to build affordable the GSE bills and the FHA bills, I rowers and the business of borrowers. family housing, and that is what this know there are differences, we want a It allows the Secretary of HUD to deny bill would do. But only if by raising signature on both bills. We will have a a violator the privilege of originating revenue. And, by the way, when we in- genuine three-sided conference; our- loans. It’s a good amendment. I beg creased it, there was an odd statement selves, both parties; the Senate, both that my colleagues would support it. in which they said don’t raise the parties; the Secretary of Treasury, the Finally, I want to talk about the al- upper limit, have the program be fo- Secretary of HUD. And I believe if the ternative credit amendment that was cused on the lower income people. They Senate will act well before Thanks- added that we introduced, which is a are not competitive. giving, we can have a good package in pilot program to establish an auto- In fact, raising the upper limit makes which the GSEs and FHA are made mated process using alternative credit money for the FHA. CBO has told us sounder and more solid and better able such as rent, utilities, phone bills. that when you raise the limit, that is a to serve the people. Many persons are credit worthy, but profit for FHA. In fact, raising the Mrs. BIGGERT. Madam Chairman, I they don’t have the traditional credit limit at the top is one of the reasons yield 45 seconds to Ranking Member necessary to purchase a home. This bill why we can avoid charging the people BACHUS. will establish an alternative system so with weaker credit more, which the that they too may enter the market- FHA wants to do, because we recycle Mr. BACHUS. Madam Chairman, I would like to thank the chairman of place and purchase a home. some of that profit that they will make After 4 years, the GAO is to give Con- from right in the upper end into help- the full committee. And I want to make it perfectly clear that this was a gress a report on the bill. I support all ing offset the higher loan loss rate of what is in this bill, and I beg that from people at the lower end. grandson, not a son or daughter who was born to Linda and I. So when you my colleagues do so as well. So the notion that in any way we are Again, I commend the Chair and the said proud addition, I just didn’t want deteriorating our ability to help the ranking members for what they have a rumor back home that we had had a moderate people is just nonsense. It is done as well. literal nonsense. Because raising the child. Mrs. BIGGERT. Madam Chairman, I upper limit, all it does is provide more But I also want to acknowledge what yield myself 5 minutes. funds which can be used, because the you said. There are many important re- Madam Chairman, I’d like to start alternative, and again this is in the forms in this bill. In fact, from last out on a positive note, but I guess I Bush administration’s approach: Yes, year’s bill, much of what the chairman must say that I’m disappointed about we will extend credit to people with has said, I think we have worked to- the bill, the way it is as we’re consid- weaker credit, but we will charge those gether, groups have worked together, ering it today. individuals more than somebody who is and as a result of the subprime crisis While the bill has improved since its richer even if that individual is making we have got an even better bill, and I introduction, I had hoped that we could the payment. I don’t think that is ap- acknowledge all that. There are many take up the same bipartisan FHA Mod- propriate for the Federal Government. good things about this bill, and I com- ernization Bill, H.R. 5121, that passed There has been a lot of bipartisan co- mend him for his knowledge of the sub- House last year. And since we’ve been operation on this bill. There were a ject and his fine work. Thank you. talking about it, I might say it was co- couple amendments offered. One Ms. WATERS. Madam Chairman, sponsored by 54 Republicans and 51 amendment is jointly offered by myself may I inquire as to how much time we Democrats and one Independent, so it and the gentleman from California (Mr. have left? was a good bill and a bipartisan com- MILLER). There are amendments of- The CHAIRMAN. Ms. WATERS has promise that was agreed to by Chair- fered by the gentleman from Ohio (Mr. 131⁄2 minutes, and Mrs. BIGGERT 211⁄2 man WATERS, Chairman FRANK, and TIBERI) which we think is a good idea. minutes. then Chairman Mike Oxley.

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K18SE7.034 H18SEPT1 bajohnson on PROD1PC71 with HOUSE September 18, 2007 CONGRESSIONAL RECORD — HOUSE H10451 And given the overwhelming vote, than 55 basis points for loans that re- their mortgage payments increase be- and the exact number was 415–7 for last main active after 5 years. And auto- cause of subprime loans with adjust- year’s bill, I had hoped that we could matic premium reductions can be a able interest rates. With strong efforts take it up and move it quickly to the good thing. They can reduce refi- to assist them, up to the 40 percent of floor. But instead we have two bills nancing and perhaps some defaults and families with subprime loans could this year. We have the bill, H.R. 1752, foreclosures as well. qualify for more affordable fixed-rate which I introduced, which was iden- In contrast, I think that the Franks- loans so they can keep their homes. tical to last year’s bipartisan bill, and Waters bill requires the refund of ex- As co-chair and co-founder of the Fi- we have Chairman WATERS’ bill. And so cess upfront premiums charged to high- nancial and Economic Literacy Caucus, I think we’re today considering a new er-risk borrowers, those with FICO I am particularly pleased that the leg- bill with new provisions that are not scores under 560. So I’m concerned that islation contains a housing counseling bipartisan, and I think it has delayed this provision would have the unin- provision. It is a long time coming. the FHA modernization and will serve tended consequences of limiting the I want to express my sincere appre- fewer borrowers than last year’s bill. number of borrowers that could be ciation to Chairwoman MAXINE WATERS But it’s an important bill. served by the FHA program because it for introducing such important legisla- There are some key differences be- requires initial premiums to be even tion. tween these bills. There is one that has higher. And I think that the refund Madam Chairman, I submit for the caused the greatest concern for me and provision would also be very difficult RECORD letters from the American many of my colleagues, and that is the to implement. Bankers Association and the National inclusion of a provision in H.R. 1852 This is an insurance program. And Association of Home Builders in sup- that creates a funding placeholder and when you have car insurance, you don’t port of H.R. 1852. siphons off FHA funds to a brand-new get a refund if you don’t have an acci- For these reasons, I strongly urge my government trust fund. And it’s admi- dent. You might have your rate low- colleagues to vote ‘‘yes.’’ rable, affordable housing. We all want ered, which is what was in the former SEPTEMBER 18, 2007. affordable housing in all forms, wheth- bill. So I think that that is an issue To: Members of the U.S. House of Represent- er it’s section 8, whether it’s public that he talked about that I wanted to atives. housing, whether it’s FHA moderniza- clarify. From: Floyd Stoner, Executive Director, tion. But I think that taking the funds Madam Chairman, I reserve the bal- Congressional Relations & Public Policy, out of FHA and using them for a pur- ance of my time. ABA. Ms. WATERS. Madam Chairman, I Re Support for H.R. 1852, the Expanding pose unrelated to its core mission of American Homeownership Act of 2007. the FHA would threaten the solvency yield myself 30 seconds to make sure that my colleague on the opposite side I am writing to you on behalf of the mem- of the FHA fund and its ability to pay bers of the American Bankers Association off the insurance claims. And we are of the aisle, Mrs. BIGGERT, whom I’ve (ABA) to express our support for H.R. 1852, reaching a crisis there, where we are worked with so closely and enjoy work- the Expanding American Homeownership going to have to have some credit in- ing with so much, is clear on the fact Act of 2007, scheduled for House consider- flux into the FHA fund. So we’ll hear that the housing trust fund does not ation today. This legislation reforming the more discussion on that during the take money from FHA. And I think Mr. Federal Housing Administration (FHA) will consideration of Mr. HENSARLING’s FRANK made it very clear before he left make the FHA a strong, relevant tool to help amendment during this debate. that HUD would have to certify that it banks and other lenders to bring homeowner- So it’s my hope that we can work to- is solvent before any of that money ship to more Americans for years to come. These reforms are more necessary now than gether to address Members’ concerns goes into the trust fund. I think that’s ever, as FHA can play an important role in through the amendment process so very important. addressing current problems in the mortgage that a modernized FHA bill can help Madam Chairman, I yield 21⁄2 minutes markets. assist more low- and moderate-income to the gentleman from Texas (Mr. The FHA was created in 1934 to serve as an Americans in buying and keeping their HINOJOSA). innovator in the mortgage market. Since homes. Mr. HINOJOSA. Madam Chairman, I then, FHA, in a public/private partnership I’d like to just briefly talk about and rise in strong support of H.R. 1852, the with banks and others in the lending community, has assisted nearly 35 million Amer- thank Chairman WATERS for offering a Expanding American Homeownership Act of 2007, introduced by Congress- icans become homeowners. Unfortunately, specific provision in this manager’s statutory limitations and lack of flexibility amendment. The chairwoman’s origi- woman MAXINE WATERS, who has caused FHA to become less relevant to the nal draft only permitted first-time worked so hard on this legislation. industry. The legislation before the House of home buyers to participate in new low- I want to commend my good friend Representatives makes necessary changes to and no down payment loan programs. from California for introducing such an improve the efficiency of the FHA, increase But the amendment under consider- important piece of legislation and for the nation’s homeownership rate, increase ation corrects that and mirrors the helping me and the Congressional competition in the lending market, and pro- provision in the FHA modernization Rural Housing Coalition find ways to vide borrowers with a much needed option in provide housing for all Americans, in- the current tight credit market. bill that allows any FHA qualified bor- Specifically, ABA supports provisions that: rower to participate in the new FHA cluding those in rural America. She (1) simplify the downpayment process and low and no down payment loan pro- has found numerous ways to improve offer borrowers flexible downpayment op- gram. So clearly, the FHA has a role to the availability, affordability and qual- tions; (2) extend the mortgage term of an play in the solution to this country’s ity of housing; and this legislation ad- FHA insured loan to 40 years; (3) increase the rising foreclosure rate. vances that cause. FHA loan limits; and (4) modernize the Home And as I think I said on April 19, dur- Madam Chairman, this legislation, Equity Conversion Mortgage Program. These ing our first committee hearing on H.R. 1852, will modernize and update changes will again make the FHA an impor- this, this bill, one of the most impor- the National Housing Act and enable tant partner with the private market and will help to ensure that more borrowers are tant things that Congress can do, as we the Federal Housing Administration to able to benefit from FHA insurance. search for ways to help those that have use risk-based pricing to more effec- We urge you to support this reform of FHA been harmed by the subprime market, tively reach underserved borrowers. It to better serve homebuyers by supporting is to give FHA the tools it needs to be will also provide a safe alternative for H.R. 1852 when it comes to the House floor. a viable alternative for the first-time potential home buyers with less than and low-income borrowers. perfect credit, thus helping them avoid NATIONAL ASSOCIATION And then I’d like to address an issue the pitfalls of certain subprime lending OF HOME BUILDERS, that Chairman FRANK did bring up, and and, hopefully, reduce a large portion Washington, DC, September 17, 2007. even though he’s not on the floor. But of predatory lending. Hon. NANCY PELOSI, Speaker, House of Representatives, the legislation that I have included an- This legislation is very important to The Capitol, Washington, DC. other bipartisan agreement last year, working families. Hundreds of thou- DEAR SPEAKER PELOSI: On behalf of the and that was the automatic reduction sands of American families are con- 235,000 members of the National Association of annual premiums in FHA to no more cerned about losing their homes as of Home Builders (NAHB), I am writing to

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K18SE7.036 H18SEPT1 bajohnson on PROD1PC71 with HOUSE H10452 CONGRESSIONAL RECORD — HOUSE September 18, 2007 express the building industry’s support for program as currently structured has cial audit and net worth requirements. H.R. 1852, the Expanding American Home- not kept pace. In the past, moderate- This effectively leaves subprime loan ownership Act of 2007. NAHB urges you to income home buyers who could not products as the only option for many support this bill, which modernizes the Fed- eral Housing Administration (FHA), when it qualify for conventional loans because borrowers who would otherwise qualify comes to the House floor next week. Because of high loan to value ratios or high for an FHA. of the importance of this issue to our indus- payment to income ratios could still Now, let me say the subprime market try, we are designating the vote on passage achieve the dream of homeownership is extremely beneficial and it needs to of H.R. 1852 as a KEY VOTE. through the FHA program. be relevant. But today you have many NAHB also supports the Frank/Miller/ Today, the FHA program is no longer predators in that marketplace that are Cardoza amendment that will further enable home buyers the ability to purchase an FHA- a useful product to home buyers. In- making loans to people that they know insured home in many high-cost areas. Cur- stead, working families are faced with they cannot repay. The bill before us rently, the FHA loan limit is too low to en- a situation where they are either un- today includes language to replace able many deserving home buyer to purchase able to own a home, or they’re forced FHA’s net worth and audit require- a home in high-cost areas. to resort to a risky loan product that ment with a surety bond to allow more Since its creation in 1934, and for much of might make their ability to keep the mortgage brokers to offer FHA prod- its existence, the FHA has been viewed as a housing finance innovator by insuring mil- home difficult. ucts. This will ensure that the home lions of mortgage loans, which have made it With all this occurring in the buyers are given the option of a FHA possible for America’s families to achieve subprime market, FHA reform is more product when they seek the services of homeownership. FHA’s single family mort- critical today than ever. The need for a mortgage broker. gage insurance programs have served home this legislation is immediate. I would like to say a word about the buyers in all parts of the country during all Many times exotic products such as affordable housing fund included in types of economic conditions. Moreover, interest-only loans, negative amortiza- this bill. While I opposed a similar fund FHA has done this without any cost to tions are the only options available to America’s taxpayers. when it was attached to the GSE re- Unfortunately, over the past two decades, working families to achieve home- form bill, I want my colleagues to the popularity and relevance of FHA’s single ownership. This is because the FHA know that I support this fund because family mortgage insurance programs have program became virtually irrelevant an amendment I offered at the markup waned as FHA’s programs have failed to keep for many home buyers. was accepted by Chairman FRANK to pace with competing conventional mortgage Not only can the bill before us today essentially say, and these are argu- loan programs. Faced with a deepening con- provide a viable alternative for fami- ments that have been made against striction in the availability and affordability lies seeking to purchase a home, but it of housing credit, Congress now has the op- this, that the HUD must ensure that portunity to modernize the FHA and enable can also help families facing uncer- FHA insurance premiums are, one, as it to play a key role in stabilizing the mort- tainty about being able to keep their low as possible; two, that the insurance gage markets, while offering borrowers a current home. fund is solvent; and, three, that any safe and fair mortgage alternative. Recently, The bottom line is to make the FHA FHA needs are met before excess dol- President Bush outlined a plan to help Amer- program a viable mortgage option, we lars are sent to the housing fund. Vir- ican homeowners weather the current dif- must ensure that the program’s prod- tually it says that FHA has the dollars, ficulties in mortgage markets, which in- ucts are available across the country they will use the dollars, and when it’s cluded asking Congress to send him an FHA and they meet the needs of borrowers. reform bill as soon as possible. not needed, then those dollars will be To address the problems in today’s housing This includes not only eliminating the forwarded to the fund. finance market, I urge your support for H.R. geographic barriers to utilization of 1852 on the House floor this week. Again, the program in high-cost areas, but b 1230 NAHB will KEY VOTE the vote on passage of also facilitating the purchase of entry- H.R. 1852. Thank you for considering the level homes, including condos and After that I firmly believe that the views of the home building industry. manufactured housing. FHA funds should be dedicated to hous- Sincerely, These forms of housing are an affording. We do this for the highway fund JOSEPH M. STANTON, when we charge a gas tax. Those taxes Chief Lobbyist. able option for entry-level home buyers, and they should be included under are dedicated to repairing our roads Mrs. BIGGERT. Madam Chairman, I this program if we truly want to help and highways in this country. We would just like to thank the gentleman families climb the first rung on the should do this with the FHA too. The from Texas (Mr. HINOJOSA) for all his ladder of homeownership. FHA money we are talking about is hard work on our Financial Literacy In addition to reforming what can be money that currently is going to the and Education Caucus. I really enjoy purchased under the program, we must treasury. working with him, and the counseling also improve the competitiveness of Now more than ever Congress must really fits right into the purview of fi- pass FHA legislation so that we can re- nancial literacy, so again I thank the the FHA product among the mortgage options available. In other words, we move the impediments to the utiliza- gentleman. tion of the FHA and ensure that it once Madam Chairman, I yield 5 minutes must address the problems in FHA pro- again helps working families across the to my friend, the gentleman from Cali- grams that cause it not to be utilized country so that they have an oppor- fornia (Mr. GARY G. MILLER). when it is an available mortgage prod- Mr. GARY G. MILLER of California. uct for the potential home buyer. tunity to achieve and maintain home- Madam Chairman, I rise in strong sup- The answer is that the program in ownership. This is an important reform port of this bill. I’d like to commend flexibility and burdensome processes that will help many families avoid Chairman BARNEY FRANK and Ranking have left many in the industry hesitant foreclosures. Member BACHUS and Subcommittee or, in the case of mortgage brokers, un- Most of the people, and I would say, Chairman MAXINE WATERS and Rank- able to offer FHA products. all the organizations in the industry ing Member JUDY BIGGERT for their The legislation before us today in- who are looking to help people who are hard work. This has been a long time cludes a number of reforms to make in trouble today support this bill. They coming. the FHA program relevant in today’s also support the GSE reform bill that If you watch what the Federal Re- marketplace. For example, today’s we put forward because it does one serve is doing today, they’re injecting mortgage brokers originate the major- thing: It provides long-term stability short-term dollars into the market- ity of mortgage loans and, therefore, and liquidity to the marketplace. The place trying to stabilize the market- provide HUD with the most available goal of this bill is to ease the burden- place. But what the marketplace and and efficient distribution channel to some problems people are facing today. housing needs today is long-term dol- bring the FHA loan products to the They are looking at losing their homes. lars and revenues to ensure that people marketplace. We are saying let’s provide long-term can own a home and get a long-term While mortgage brokers originate the liquidity and help them maintain their loan and pay that back. majority of loans, many are not able to homes. When I talk to brokers and lenders in offer FHA products because of the cost- Ms. WATERS. Madam Chairman, I my district, it is clear that the FHA prohibitive and time-consuming finan- yield 2 minutes to the gentlewoman

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A18SE7.012 H18SEPT1 bajohnson on PROD1PC71 with HOUSE September 18, 2007 CONGRESSIONAL RECORD — HOUSE H10453 from New York (Mrs. MALONEY), Finan- big shoes for me to fill, but I know she Mr. ELLISON. Madam Chairman, I cial Institutions and Consumer Credit is not going to be too far away on the would like to thank Chairwoman WA- Subcommittee Chair. committee, so I can lean on her for TERS and Chairman FRANK for bringing Mrs. MALONEY of New York. Madam help. this bill to the floor today before the Chairman, I thank the gentlewoman I also look forward to working with body. for her extraordinary leadership, really Chairwoman WATERS on this com- H.R. 1852 makes significant improve- creative leadership, along with BARNEY mittee. I know we will work well to- ments to the current Federal Housing FRANK and others. gether as you all have set up a great Administration policy at a time that is I rise in support of the bill, which pattern of bipartisanship on the Hous- crucial to American working families will revitalize the FHA and will ulti- ing Subcommittee. So thank you very and to our Nation’s economy. It comes mately assist low- and modern-income much for your leadership. before us at a time when the unstable families seeking the American Dream The legislation we are considering housing market has brought disruption of homeownership and providing much- today is an important step towards sta- to our economy, world financial mar- needed stability and liquidity in the bilizing a housing market that has kets, but, most importantly, in our markets with the subprime crisis. been in a steady decline over this past neighborhoods. By expanding the avail- I thank the gentlewoman for accept- year. While many of us were working ability of FHA loans and using the new ing an amendment that I authored that in our districts over the recess period, revenue to create an Affordable Hous- would expand affordable and available our financial systems were experi- ing Trust Fund, we are helping to daycare by giving an incentive to build encing a bit of a credit crunch, due in make the dream of homeownership not or include licensed child care facilities part to the problems in the subprime just an illusion but a real possibility. in FHA-insured properties. housing markets. Once again, I want to thank the spon- This bill does many things that are Many of the problems we are facing sors of this legislation and urge sup- very important. It builds on the Presi- in the housing market are due to indi- port of the bill. dent’s recent announcement that FHA viduals with credit challenges and in- I would also like to point out that will work with homeowners who are experienced first-time home buyers the mortgage foreclosure crisis in having a difficult time paying their utilizing very complex and creative fi- America continues to get worse. Mort- mortgage due to a reset in this interest nancing tools to allow them to pur- gage foreclosures are now at a level rate. This will help with the subprime chase a home which they would other- previously seen only at the height of crisis by, number one, increasing the wise not be able to do. the Great Depression, and it is only Homeownership is something that we loan limits in high-cost areas of the predicted to get worse going into the all aspire to, and I am proud to say country like New York City where fall and winter. In August, foreclosures FHA has been driven from the market, that my State of West Virginia has some of the highest homeownership in nationwide were up 115 percent from forcing many borrowers to turn to the country, over 70 percent, because 2006. Hopefully, this important piece of high-cost financing. It will, secondly, with homeownership comes solid com- legislation will help make the Amer- authorize zero down and lower down munity involvement, comes better eco- ican Dream of homeownership not just payment FHA loans for home buyers nomic health, and also better socializa- an illusion but a real possibility. who could not otherwise make these tion and education levels. Mrs. BIGGERT. Madam Chairman, I payments. It directs FHA to under- The use of interest-only and adjust- have no further requests for time, and write to borrowers with higher credit able-rate mortgages is now causing I reserve the balance of my time. risks than FHA currently serves. And problems as these mortgages is now re- Ms. WATERS. Madam Chairman, I 1 it permanently eliminates the current setting at much higher rates, fre- yield 1 ⁄2 minutes to the gentlewoman statutory volume cap on FHA reverse quently unaffordable rates causing an from California, Ms. BARBARA LEE. mortgage loans to permit this program increase in foreclosures. Ms. LEE. Madam Chairman, I rise to meet the growing needs of home eq- The reforms to the FHA will help today in strong support of the Expand- uity-rich, cash-poor senior citizens provide stability in the housing market ing American Homeownership Act of and, very importantly, reinvesting the by providing greater assistance to new 2007. I want to thank Chairman FRANK increased profits created into an af- and riskier home buyers. Some of the and Chairwoman WATERS for their fordable housing fund. reforms I would like to highlight are leadership and their commitment to With all the great things in this bill, the extension of the maximum length revitalize the FHA and provide critical I am concerned that we may be loos- for an FHA loan from 35 to 40 years; di- assistance to those who have been af- ening the reins a bit too much by al- recting the FHA to serve high-risk fected by this crisis, which is, unfortu- lowing mortgage brokers to bypass the home buyers while lowering upfront nately, reverberating across our coun- current audit and net worth require- fees for high-risk buyers; allowing for a try and the entire world. ments and instead posting a surety zero down payment for first-time home Many hardworking Americans that bond to participate in FHA. I have been buyers, and I’m hearing today also for may otherwise not have been able to very concerned with the role the large- those who are FHA qualified; and au- qualify for a loan were lured into a fan- ly unregulated mortgage broker indus- thorizing an increase in FHA loan lim- tasy universe of low rates and even try has played in the current subprime its for both rural and urban areas. lower payments by unscrupulous lend- mortgage crisis. The final component is especially im- ers. However, reality has kicked in, I do support this bill, and I hope we portant because in many areas the cur- and those most affected are the elderly, can work to ensure the safety and rent loan limits are outpriced by many single parents, and members of minor- soundness of FHA and we are expand- larger metropolitan areas. These ex- ity populations. ing affordable and available housing. panded limits will help many buyers This bill is a critical first step to And congratulations to Chairman WA- access stable and secure loans so they help those who have been caught up in TERS. can achieve the goal of homeownership. this nightmare. For instance, current Mrs. BIGGERT. Madam Chairman, at Each of these reforms has bipartisan FHA rules prevent the FHA from mak- this time I would like to yield 3 min- support, and we must continue to work ing loans beyond the local median utes to the gentlewoman from West together in order to provide much- home price. This bill will increase loan Virginia (Mrs. CAPITO), who is now needed assistance to our struggling limits to make FHA relevant in those going to assume the role as the rank- homeowners. areas. This is a crucial fix which will ing member of the Housing Sub- Again, I would like to thank Chair- provide assistance in high markets like committee. woman WATERS and Ranking Member mine in California in the Ninth Con- Mrs. CAPITO. Madam Chairman, I BIGGERT for their hard work on this gressional District in Northern Cali- would like to first thank my good critical legislation. fornia. friend the gentlewoman from Illinois Ms. WATERS. Madam Chairman, I This bill also increases funding for for yielding to me and also for her lead- yield 2 minutes to the gentleman from housing counseling, which helps to en- ership as the ranking member on the Minnesota (Mr. ELLISON), who is fo- sure that those who achieve the Amer- Housing Subcommittee. She has left cused on predatory lending. ican Dream of owning a home can keep

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K18SE7.039 H18SEPT1 bajohnson on PROD1PC71 with HOUSE H10454 CONGRESSIONAL RECORD — HOUSE September 18, 2007 it. With a good job and good credit, rowers possible. But those arguments make fun of some people from time to this bill will allow, for instance, those have been made and have been rejected time. who want to deal with down-payment by the majority, so it is my sincere Mr. FRANK of Massachusetts. Will assistance to qualify for a loan by pro- hope that we can further improve the the gentlewoman yield? viding that down-payment assistance. bill as it continues to move through Ms. WATERS. I yield to the gen- It addresses authorizing a zero or lower the legislative process. tleman. down payment on loans for borrowers. As I understand it, the Senate Bank- Mr. FRANK of Massachusetts. I I want to thank Congresswoman WA- ing Committee is scheduled to mark up would say that I really am very proud TERS and Mr. FRANK for making hous- its version of FHA reform tomorrow. that on our committee, and the gentle- ing an important national priority. So unlike last year, it appears that woman is right, there are some areas of Mrs. BIGGERT. Madam Chairman, I FHA reform is gaining traction in the disagreement, I think we have shown reserve the balance of my time. Senate, and I hope that we can move how you can have legitimate disagree- Ms. WATERS. Madam Chairman, I this bill beyond the House during this ments of governmental philosophy 1 within a framework of some agreement yield 1 ⁄2 minutes to the gentleman Congress and that the Senate and the from Maryland, Congressman administration will work with us to re- and be able to deal with them so that CUMMINGS. form this important program. the disagreements can be reasonably Mr. CUMMINGS. Madam Chairman, I debated and don’t spill over and don’t b 1245 want to thank Ms. WATERS for this ab- interfere. solutely brilliant legislation, very I think American families deserve a And the gentlewoman is right, we comprehensive, and I also want to 21st-century FHA program to have a have been very active; but we could not thank Chairman BARNEY FRANK. safe and secure mortgage product as an have been active in a very constructive Madam Chairman, later today the alternative to the dangerous products way if it hadn’t been for that spirit, Fed is expected to lower interest rates offered by predatory lenders. Qualified and I thank her for it. And obviously for the first time in 4 years to protect American families looking to keep we will still be working with her, but the economy in hopes of making homes their homes and refinance their bad we do want to acknowledge how helpful less expensive for people to finance cer- mortgages, many of which are cur- she was and how constructive in her tain credit card debt and for home- rently in default, deserve to do so role as the ranking minority member. Ms. WATERS. I would also like to owners to take out popular home eq- through a modernized FHA. thank Mr. BACHUS and Mr. MILLER; Mr. uity lines of credit, which often are Again, I look forward to our contin- BACHUS, who has been so good to work used to pay for education, home im- ued work. And I would like to thank with; Mr. MILLER, who is an expert. We provements, or medical bills. Chairman WATERS so much. You know, have been able to talk about things, to The Fed’s actions today will have a as I leave as ranking member of this work out differences, and to move for- positive impact on homeownership, as subcommittee and go over to the financial institutions, I do with some reward. will our consideration of H.R. 1852. This is a very productive overall Fi- morse. I really have enjoyed working This legislation will allow FHA to nancial Services Committee, a very with the subcommittee chairman on carry out its function of assisting cred- productive Subcommittee on Housing this committee, and the times that we itworthy, low-income and credit-risk and Community Development. With have spent. I will still be on the com- citizens in becoming homeowners. Most people working together on both sides mittee, but won’t have the opportunity importantly, the FHA will be able to of the aisle, we’re getting things done. steer these people away from the pred- to sit together and make some deci- This may be one of the most impor- atory practices of the subprime mort- sions. And I really have enjoyed every tant pieces of legislation to pass this gage industry. minute of it, the trip to New Orleans House in this session. We will be able Some of the most important features and Mississippi, as well as working on to help people with refinancing. We of H.R. 1852 include raising the pro- these bills with her. So I thank you so will be able to help people stay out of gram’s loan limit to $417,000; providing much. I also thank Chairman FRANK. I foreclosure. We will be able to revi- refinancing opportunities to borrowers think he has worked so hard on this talize FHA, that really knows and un- struggling to meet their mortgage pay- committee. derstands how to provide insurance for ments; authorizing zero and lower I kind of think I will miss it because moderate- and low-income folks who down-payment loans for qualified bor- it certainly has been the most active are desperate to be homeowners. And I rowers; and enhancing FHA’s reverse committee I think in Congress this am just delighted that I’ve had an op- mortgage program to help seniors pay year. Never did I dream that we would portunity to play a role. for health and other expenses, by re- have at least three hearings a week and Madam Chairman, I yield back the moving the loan cap to avoid program two markups and all the things that balance of my time. shutdowns and raising loan limits. have gone on. But I think you’ve made Mrs. BIGGERT. Madam Chairman, I Again, I applaud Chairman WATERS great progress in the housing field, and ask unanimous consent to reclaim my for her outstanding leadership in this I appreciate both of you for your con- time. area, and I urge all of my colleagues to cern and your passion for housing and The CHAIRMAN. Is there objection vote in favor of the bill. making sure that low-income families to the request of the gentlewoman Mrs. BIGGERT. Madam Chairman, I will be able to meet their American from Illinois? yield myself such time as I may con- Dream. There was no objection. sume. With that, Madam Chair, I yield back Mrs. BIGGERT. In all my thanking, I In closing, I would really like to the balance of my time. forgot to thank the staff, which I thank Subcommittee Chairwoman WA- Ms. WATERS. May I inquire as to would really like to do, the staff of the TERS for her work on this bill. I am how much time I have remaining. subcommittee, Cindy Chetti, Tallman pleased that the FHA modernization The CHAIRMAN. The gentlewoman Johnson, Nicole Austin, Robert Gordon bill is moving forward, and I think that from California has 2 minutes remain- and Jim Clinger for all the work that the bill that we will vote on today is ing. they’ve done on the minority side of much improved from the original draft Ms. WATERS. Madam Chairman and the aisle. And also, to thank, on the as a result of constructive input from Members of the House, first I would other side of the aisle, the Democrat Members from both sides of the aisle. like to tell the subcommittee ranking staff who have been so helpful to us: It contains many bipartisan provisions member how sad I am that we’re not Scott Olson, Gail Lester, Jonathan that I support and still contains a few going to be working as closely together Harwitz, Kellie Larkin, Tom Duncan provisions that I do not support. But it on this Subcommittee on Housing. I and Himay Lazarga. I thank all of is my hope that the provision siphon- have truly enjoyed working with her. them for all the work that they’ve put ing money away from the fund will be And even though she will remain on into this bill. And also, one of our new struck and that true risk-based pricing the committee, we perhaps won’t have members on this side, Jason Britt, one will be implemented so that FHA can an opportunity to sit together and chat of our new members of the staff. Thank serve the maximum number of bor- and not only make decisions, but just you so much.

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K18SE7.041 H18SEPT1 bajohnson on PROD1PC71 with HOUSE September 18, 2007 CONGRESSIONAL RECORD — HOUSE H10455 Mr. BACA. Madam Chairman, I rise to ex- Isaline’s lender told her last month that her they cannot afford a safe home for their chil- press my strong support for H.R. 1852, the house was going to be auctioned off. Isaline dren. I know this is a problem for many Ameri- Expanding American Homeownership Act of was facing foreclosure. Fortunately, Isaline cans across the country. In fact, recent re- 2007. This bill updates the FHA program so it was proactive and was able to take the need- search has indicated that in order to afford a can provide better mortgage options to low ed steps to finding assistance to restructure modest two-bedroom apartment paying no and moderate income families and minorities. her loan and keep her home. Isaline’s journey more than 30 percent of their income for hous- This is important because the FHA program was a struggle, but with the passage of H.R. ing and working full time, a New Jersey family has not kept up with the needs of underserved 1852, homeowners like Isaline will have an would need to earn over $20.00 an hour. communities, especially those in high cost added place to turn before foreclosure threat- Wages are simply not increasing fast enough areas like California. As a result, many fami- ens to leave their families without a home. to allow many families to even come close to lies have turned to high cost and riskier Madam Chairman, there are thousands of this affordable housing wage. subprime loans. children, seniors and veterans that are living in Families need help. That is why I am so Because of the high number of subprime fear that soon they will lose their homes. This supportive of the Affordable Housing Trust loans granted in the last few years—our Na- is a crisis and H.R. 1852 is an excellent step Fund and the revenues that H.R. 1852 will tion is now in a home foreclosure crisis. The toward helping not only first-time homebuyers, provide to the Fund. This fund will increase Inland Empire has the fourth highest rate of but also to help homeowners in trouble to get home ownership and increase mortgage fund- foreclosure filings in the Nation and comprised back onto their feet. Families will have a ing in areas of chronic economic distress. By the hardest hit area in California through the greater opportunity to find a home and stay in increasing the level of home ownership, we first half of 2007. According to the Neighbor- that home. will then increase the supply of rental housing hood Housing Services of the Inland Empire, Mrs. CHRISTENSEN. Madam Chairman, for families. And where needed, we will in- in San Bernardino County alone there were homeownership is the key to achieving finan- crease our investment in affordable housing over 19,000 foreclosure filings in the first half cial independence. Yet, there is still a per- infrastructure to make a safe and affordable of 2007. The current median home price in sistent gap in homeownership between minori- home a reality for every hardworking Amer- San Bernardino County is only affordable for 2 ties and non-minorities. According to HUD, de- ican. out of every 10 families. spite increases in minorities who become I urge my colleagues to vote against this H.R. 1852 will raise the FHA loan limit so homeowners, the census figures show that amendment that would strike the affordable that these hard-working families get a fair large differences in rates between minority housing trust fund and I urge everyone to vote chance at getting a better deal for their home. and white household ownerships remain and in support of final passage the Expanding The reforms in H.R. 1852 will allow the FHA have narrowed only slightly. American Home Ownership Act of 2007. program to reach into these underserved com- If this gap is to be narrowed or eliminated Mrs. JONES of Ohio. Madam Chairman, I munities to provide low and moderate-income all together, we must break down the barriers rise today in support of H.R. 1852, the Ex- buyers a better deal at a fair price. faced my minority families and lower and mid- panding American Homeownership Act of Again, Madam Chairman, I express my full dle income families that make it difficult for 2007. I commend the chairman of the Finan- support of this bill and urge my fellow col- them to obtain the American dream of home- cial Services Committee, BARNEY FRANK and leagues to adopt its final passage. ownership. These barriers include but are not Congresswoman MAXINE WATERS, the author Ms. CASTOR. Madam Chairman, I would limited to lack of capital for the down payment of this bill, for their leadership on this issue. like to express my support of H.R. 1852, the and closing costs, lack of access to credit and The meltdown of the mortgage industry, Expanding American Homeownership Act. poor credit history, lack of understanding and predatory lending practices and excessive I would like to thank Chairwoman WATERS information about home buying program and foreclosures is an opportunity for the Federal and Chairman FRANK for their hard work on Housing Administration (FHA) to reassert its behalf of American families. I am proud to continued housing discrimination. Not to men- traditional role of meeting unmet mortgage support their effort to make the dream of tion, the recent mortgage crisis caused by market needs. H.R. 1852 is intended to in- homeownership reachable for hard-working sub-prime lenders and predatory lenders. families throughout our country. This is why I strongly support H.R. 1852, a crease the market share of mortgages insured H.R. 1852 accomplishes many goals. It will bill that would modernize the National Housing by Federal Housing Administration (FHA), and expand the capacity of the FHA to ultimately Act and enable the Federal Housing Adminis- to encourage greater stability in the mortgage help more homebuyers receive better loans. tration to use risk-based pricing to more effec- market in coming years. It raises loan limits for Currently subprime borrowers are not eligible tively reach underserved borrowers and make FHA-backed loans, boosts loan limits in high- to receive FHA loans. Under H.R. 1852, FHA other needed changes to offer a better prod- cost areas, allows the agency to vary the pre- loans will become available to subprime bor- uct. Increasing the FHA loan limits will allow miums it charges borrowers based on their rowers and help to keep them from becoming homebuyers in high cost areas like the District credit risk, modifies disclosure requirements to victims of predatory lending practices when of Columbia and my district, the US Virgin Is- provide more information concerning mortgage buying their first homes. lands, to benefit from the FHA advantages choices, and allows for lower monthly pay- Families who are currently homeowners, but that users in less costly parts of the country ments for borrowers who make on-time pay- were placed into mortgages that they were un- enjoy. The bill would also provide FHA with ments for the first 5 years of a loan. It also ex- able to afford will be eligible under H.R. 1852 the flexibility to offer varying down payment tends the maximum loan term on FHA single- to refinance their mortgages with the FHA. terms thereby eliminating the barrier of down family loans to 40 years from 35 years. This will help families to recover from the payment and settlement costs for more aspir- Predatory lending is a leading cause of fore- hardship that so many have experienced during homebuyers. Most importantly, H.R. 1852 closures across this country. It compromises ing this difficult period in the mortgage market. would provide American homeowners with a the opportunity to own a home and hinders One of the great provisions of the Expand- safe and affordable mortgage alternatives. economic stability, creating greater disparities ing American Homeownership Act is that it will This is greatly needed at time when home in wealth. In my home State of Ohio, new authorize up to $300 million per year to be put buyers. Most importantly, H.R. 1852 would foreclosure cases grew by 24 percent in one into the Affordable Housing Trust Fund, to as- provide American homeowners with a safe year. Cuyahoga County led the State in new sist in building more affordable housing for and affordable mortgage alternatives. This is cases with 13,610 new filings last year. This working families. This fund will work alongside greatly needed at time when homebuyers are ranking has attracted national attention with of an effort in my home state of Florida by being lured by the attractive but misguided Ohio’s foreclosure rate currently at 18 percent Governor Charlie Crist to increase funding for terms offered by the subprime and predatory which is higher than the national average of initiatives to build affordable housing and to lenders. 17 percent. provide added assistance to first-time home H.R. 1852 will bring a much needed stability Subprime lending provides affordable mort- buyers. to the mortgage market. It is supported by my gage credit to borrowers with less than perfect In my district in the Tampa Bay area, local realtors and the National Association of credit histories, but who are still creditworthy. 10,173 of my neighbors found that their Realtors, as well as many other organizations. Predatory lending occurs when lenders im- homes fell into foreclosure within the first six I commend Congresswoman MAXINE WATERS pose excessive rates and fees, prepayment months of this year. The Tampa Bay area is for her work on this bill and urge my col- penalties, and reset terms that can result in ranked 24th in home foreclosures among the leagues to support its passage. exorbitant interest rate increases. I believe largest 100 metropolitan areas in the country. Mr. SIRES. Madam Chairman, I rise in op- that FHA could serve subprime borrowers at On Monday, members of my community position to this amendment. I keep hearing more attractive rates and provide fairer mort- gathered to hear the story of Isaline Wyatte. time and time again from my constituents that gage opportunities than predatory lenders.

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00019 Fmt 7634 Sfmt 9920 E:\CR\FM\A18SE7.008 H18SEPT1 bajohnson on PROD1PC71 with HOUSE H10456 CONGRESSIONAL RECORD — HOUSE September 18, 2007 I applaud provisions in the bill that require Sec. 1. Short title and table of contents. sive, safer financing alternative that FHA mort- FHA to provide ‘‘payment incentives’’ for bor- Sec. 2. Findings and purposes. gage insurance provides. rowers that make on-time payments for at Sec. 3. Maximum principal loan obligation. (b) PURPOSES.—The purposes of this Act are— Sec. 4. Extension of mortgage term. (1) to provide flexibility to FHA to allow for least the first 5 years of a loan. The measure Sec. 5. Downpayment simplification. the insurance of housing loans for low- and authorizes the department to offer these in- Sec. 6. Mortgage insurance premiums for moderate-income homebuyers during all eco- centives to borrowers after a period of 3 years zero- and lower-downpayment borrowers. nomic cycles in the mortgage market; of on-time payments. Sec. 7. Mortgage insurance premiums for (2) to modernize the FHA single family mort- I am especially pleased and support provi- standard and higher-risk borrowers. gage insurance program by making it more re- sion in the bill which authorizes funds from Sec. 8. Risk-based mortgage insurance pre- flective of enhancements to loan-level risk as- FHA profits, to be used for an affordable hous- miums. sessments and changes to the mortgage market; and ing fund. This fund is key because it would Sec. 9. Payment incentives. Sec. 10. Borrower protections for higher risk (3) to adjust the loan limits for the single fam- provide grants to support affordable rental mortgages. ily mortgage insurance program to reflect rising housing and homeownership opportunities for Sec. 11. Annual reports on new programs and house prices and the increased costs associated low-income families. loss mitigation. with new construction. Over the past 2 weeks, I have participated Sec. 12. Insurance for single family homes SEC. 3. MAXIMUM PRINCIPAL LOAN OBLIGATION. in home preservation workshops, where I have with licensed child care facilities. Section 203(b)(2) of the National Housing Act had an opportunity to meet with various orga- Sec. 13. Rehabilitation loans. (12 U.S.C. 1709(b)(2)) is amended by striking nizations and lenders in my congressional dis- Sec. 14. Discretionary action. subparagraph (A) and inserting the following trict to discuss loss mitigation plans for home- Sec. 15. Insurance of condominiums and man- new subparagraph: ufactured housing. ‘‘(A) not to exceed the lesser of— owners that are in loans set to readjust to Sec. 16. Mutual Mortgage Insurance Fund. ‘‘(i) in the case of a 1-family residence, the higher rates as well as those that are facing Sec. 17. Hawaiian home lands and Indian median 1-family house price in the area, as de- foreclosure. Representatives of lenders, reservations. termined by the Secretary; and in the case of a servicers, housing counseling agencies, and Sec. 18. Conforming and technical amend- 2-, 3-, or 4-family residence, the percentage of State, county and Federal housing officials ments. such median price that bears the same ratio to have been on site to meet with individuals to Sec. 19. Home equity conversion mortgages. such median price as the dollar amount limita- discuss their personal situations. Sec. 20. Participation of mortgage brokers tion in effect under section 305(a)(2) of the Fed- eral Home Loan Mortgage Corporation Act (12 To help stem the tide of growing fore- and correspondent lenders. Sec. 21. Conforming loan limit in disaster U.S.C. 1454(a)(2)) for a 2-, 3-, or 4-family resi- closures, I have reintroduced the Predatory areas. dence, respectively, bears to the dollar amount Lending Practice Reduction Act, H.R. 2061. Sec. 22. Failure to pay amounts from escrow limitation in effect under such section for a 1- This legislation calls for Federal certification of accounts for single family mortgages. family residence; or mortgage brokers and agents and stiffer pen- Sec. 23. Acceptable identification for FHA ‘‘(ii) the dollar amount limitation determined alties for violation of Federal law. Additionally, mortgagors. under such section 305(a)(2) for a residence of it will authorize funding for Community Devel- Sec. 24. Pilot program for automated process the applicable size; opment Corporations to provide training and for borrowers without sufficient credit his- except that the dollar amount limitation in ef- counseling on the home buying process. Not tory. fect for any area under this subparagraph may Sec. 25. Sense of Congress regarding tech- all subprime lenders are predatory, but most not be less than the greater of (I) the dollar nology for financial systems. amount limitation in effect under this section predatory loans are subprime loans. This leg- Sec. 26. Multifamily housing mortgage limits for the area on October 21, 1998, or (II) 65 per- islation would work to weed out the bad actors in high cost areas. cent of the dollar limitation determined under that are responsible for equity stripping and Sec. 27. Valuation of multifamily properties such section 305(a)(2) for a residence of the ap- other predatory practices. in noncompetitive sales by HUD to States plicable size; and’’. I am pleased that the Financial Services and localities. SEC. 4. EXTENSION OF MORTGAGE TERM. Committee brought this bill to House floor for Sec. 28. Clarification of disposition of certain Paragraph (3) of section 203(b) of the National a vote today. It is a great piece of legislation properties. Housing Act (12 U.S.C. 1709(b)(3)) is amended— Sec. 29. Use of FHA savings for costs of mort- (1) by striking ‘‘thirty-five years’’ and insert- which I support wholeheartedly. I look forward gage insurance, housing counseling, FHA to working with the Financial Services ing ‘‘forty years’’; and technologies, procedures, and processes, (2) by striking ‘‘(or thirty years if such mort- Committtee to advance my legislation, H.R. and for affordable housing grant fund, gage is not approved for insurance prior to con- 2061 which would protect borrowers from un- and study. struction)’’. Sec. 30. Limitation on mortgage insurance scrupulous lending practices. SEC. 5. DOWNPAYMENT SIMPLIFICATION. premium increases. One of the first steps toward creating wealth Section 203(b) of the National Housing Act (12 Sec. 31. Savings provision. is homeownership and I want to make sure U.S.C. 1709(b)) is amended— Sec. 32. Implementation. that everyone is given the opportunity to not (1) in paragraph (2)— only attain but retain that goal. SEC. 2. FINDINGS AND PURPOSES. (A) by striking subparagraph (B) and insert- Mrs. BIGGERT. Madam Chairman, I (a) FINDINGS.—The Congress finds that— ing the following new subparagraph: (1) one of the primary missions of the Federal yield back the balance of my time. ‘‘(B) not to exceed an amount equal to the Housing Administration (FHA) single family sum of— The CHAIRMAN. All time for general mortgage insurance program is to reach bor- ‘‘(i) the amount of the mortgage premium paid debate has expired. rowers who are underserved, or not served, by at the time the mortgage is insured; and Pursuant to the rule, the amendment the existing conventional mortgage marketplace; ‘‘(ii)(I) except as provided in subclause (II), in the nature of a substitute printed in (2) the FHA program has a long history of in- 97.75 percent of the appraised value of the prop- the bill, modified by the amendment novation, which includes pioneering the 30-year erty; or printed in part A of House Report 110– self-amortizing mortgage and a safe-to-seniors ‘‘(II) in the case only of a mortgage described reverse mortgage product, both of which were 330, is adopted. The bill, as amended, in subsection (c)(3), the appraised value of the once thought too risky to private lenders; property, plus any initial service charges, ap- shall be considered as an original bill (3) the FHA single family mortgage insurance praisal, inspection, and other fees in connection for the purpose of further amendment program traditionally has been a major provider with the mortgage as approved by the Sec- under the 5-minute rule and shall be of mortgage insurance for home purchases; retary.’’; considered read. (4) the FHA mortgage insurance premium (B) in the matter after and below subpara- The text of the bill, as amended, is as structure, as well as FHA’s product offerings, graph (B), by striking the second sentence (re- follows: should be revised to reflect FHA’s enhanced lating to a definition of ‘‘average closing cost’’) ability to determine risk at the loan level and to and all that follows through ‘‘title 38, United H.R. 1852 allow FHA to better respond to changes in the States Code.’’; and Be it enacted by the Senate and House of Rep- mortgage market; (C) by striking the last undesignated para- resentatives of the United States of America in (5) during past recessions, including the oil- graph (relating to counseling with respect to the Congress assembled, patch downturns in the mid-1980s, FHA re- responsibilities and financial management in- SECTION 1. SHORT TITLE AND TABLE OF CON- mained a viable credit enhancer and was there- volved in homeownership); and TENTS. fore instrumental in preventing a more cata- (2) in paragraph (9), by striking the para- (a) SHORT TITLE.—This Act may be cited as strophic collapse in housing markets and a graph designation and all that follows through the ‘‘Expanding American Homeownership Act greater loss of homeowner equity; and ‘‘Provided further, That for’’ and inserting the of 2007’’. (6) as housing price appreciation slows and following: (b) TABLE OF CONTENTS.—The table of con- interest rates rise, many homeowners and pro- ‘‘(9) Except in the case of a mortgage de- tents for this Act is as follows: spective homebuyers will need the less-expen- scribed in subsection (c)(3), be executed by a

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00020 Fmt 7634 Sfmt 6333 E:\CR\FM\A18SE7.019 H18SEPT1 bajohnson on PROD1PC71 with HOUSE September 18, 2007 CONGRESSIONAL RECORD — HOUSE H10457 mortgagor who shall have paid on account of (excluding the mortgage insurance premium the availability of mortgage credit and provide the property, in cash or its equivalent, at least paid at the time the mortgage is insured), and stability to mortgage markets. 3 percent of the Secretary’s estimate of the cost that involves a principal obligation that com- ‘‘(6) AUTHORITY TO BASE PREMIUM PRICES ON of acquisition (excluding the mortgage insur- plies with subclause (I) of subsection PRODUCT RISK.— ance premium paid at the time the mortgage is (b)(2)(B)(ii), the following requirements shall ‘‘(A) AUTHORITY.—In establishing premium insured). For’’. apply:’’; and rates under paragraphs (2), (3), and (4), the Sec- SEC. 6. MORTGAGE INSURANCE PREMIUMS FOR (2) by adding at the end the following new retary may provide for variations in such rates ZERO- AND LOWER-DOWNPAYMENT subparagraph: according to the credit risk associated with the BORROWERS. ‘‘(C) HIGHER-RISK BORROWERS.—The Secretary type of mortgage product that is being insured Section 203(c) of the National Housing Act (12 shall establish underwriting standards that pro- under this title, which may include providing U.S.C. 1709(c) is amended by adding at the end vide for insurance under this section of mort- that premium rates differ between fixed-rate the following new paragraph: gages described in the matter in this paragraph mortgages and adjustable-rate mortgages in- ‘‘(3) ZERO- AND LOWER-DOWNPAYMENT BOR- preceding subparagraph (A) for which the mort- sured pursuant to section 251, between mort- ROWERS.— gagor has a credit score equivalent to a FICO gages insured pursuant to section 203(b) and ‘‘(A) APPLICABILITY.—This paragraph shall score of less than 560, and may insure, and mortgages for condominiums insured pursuant apply to any mortgage that— make commitments to insure, such mortgages. to section 234, and between such other products ‘‘(i) is secured by a 1- to 4-family dwelling Such underwriting standards shall include es- as the Secretary considers appropriate. that will be occupied by the mortgagor as his or tablishing and collecting premium payments ‘‘(B) LIMITATION.—Subparagraph (A) may not her principal residence. that comply with the requirements of this para- be construed to authorize the Secretary to estab- ‘‘(ii)(I) is an obligation of the Mutual Mort- graph, except that notwithstanding subpara- lish, for any mortgage product, any mortgage gage Insurance Fund or of the General Insur- graph (A), the single premium payment collected insurance premium rate that does not comply ance Fund pursuant to subsection (v) of this at the time of insurance may be established in with the requirements and limitations under section; or an amount that does not exceed 3.0 percent of paragraphs (2) through (5).’’. ‘‘(II) is insured under subsection (k) of this the amount of the original insured principal ob- SEC. 9. PAYMENT INCENTIVES. section or section 234(c); ligation of the mortgage.’’. Section 203(c) of the National Housing Act (12 ‘‘(iii)(I) is executed by a mortgagor who has SEC. 8. RISK-BASED MORTGAGE INSURANCE PRE- U.S.C. 1709(c)), as amended by the preceding not had any present ownership interest in a MIUMS. provisions of this Act, is further amended by principal residence, and whose spouse has not Section 203(c) of the National Housing Act (12 adding at the end the following new paragraph: had any such interest, during 12-month period U.S.C. 1709(c)), as amended by the preceding ‘‘(7) PAYMENT INCENTIVES.— ending upon purchase of the residence with the provisions of this Act, is further amended by ‘‘(A) AUTHORITY.—With respect to mortgages mortgage to which this paragraph applies, ex- adding at the end the following new para- referred to in paragraph (2)(C) or (3): cept that this subclause shall be considered a graphs: ‘‘(i) DISCRETIONARY 3-YEAR PAYMENT INCEN- program to assist first-time homebuyers for pur- ‘‘(4) FLEXIBLE RISK-BASED PREMIUMS.—In the TIVE.—The Secretary may provide, in the discre- poses of section 956 of the Cranston-Gonzalez case of a mortgage referred to in paragraph tion of the Secretary, that the payment incen- National Affordable Housing Act (42 U.S.C. (2)(C) or (3)(A) for which the loan application is tive under subparagraph (B) shall apply upon 12713); or received by the mortgagee on or after October 1, the expiration of the 3-year period beginning ‘‘(II)(aa) is made to pay or prepay, and fully 2007: upon the time of insurance of such a mortgage. extinguish, the outstanding obligations under ‘‘(A) IN GENERAL.—The Secretary may estab- ‘‘(ii) MANDATORY 5-YEAR PAYMENT INCEN- an existing mortgage or mortgages on the same lish a mortgage insurance premium structure in- TIVE.—The Secretary shall provide that the pay- property; and volving a single premium payment collected ment incentive under subparagraph (B) applies ‘‘(bb) involves a principal obligation not prior to the insurance of the mortgage or annual upon the expiration of the 5-year period begin- exceedign the amount necessary to fully pay or payments (which may be collected on a periodic ning upon the time of insurance of such a mort- prepay such outstanding obligations under the basis), or both, subject to the requirements of gage. existing mortgage or mortgages, plus any subparagraph (B) and paragraph (5). Under ‘‘(B) PAYMENT INCENTIVE.—In the case of any charges and fees involved in such transaction such structure, the rate of premiums for such a mortgage to which the payment incentive under and any charges and fees in connection with mortgage may vary according to the credit risk this subparagraph applies, if, during the period the payment or prepayment of such outstanding associated with the mortgage and the rate of referred to in clause (i) or (ii) of subparagraph obligations; and any annual premium for such a mortgage may ‘‘(iv)(I) involves a principal obligation that (A), as applicable, all mortgage insurance pre- vary during the mortgage term as long as the miums for such mortgage have been paid on a does not comply with subclause (I) of subsection basis for determining the variable rate is estab- (b)(2)(B)(ii) (relating to loan-to-value ratio); or timely basis, upon the expiration of such period lished before the execution of the mortgage. The the Secretary shall— ‘‘(II) is executed by a mortgagor who has not Secretary may change a premium structure es- paid on account of the property, in cash or its ‘‘(i) reduce the amount of the annual premium tablished under this subclause but only to the payments otherwise due thereafter under such equivalent, at least 3 percent of the Secretary’s extent that such change is not applied to any estimate of the cost of acquisition (excluding the mortgage— mortgage already executed. ‘‘(I) in the case of a mortgage referred to in mortgage insurance premium paid at the time STABLISHMENT AND ALTERATION OF PRE- ‘‘(B) E paragraph (3), to an amount that does not ex- the mortgage is insured). MIUM STRUCTURE.—A premium structure shall be ceed the amount of the maximum annual pre- ‘‘(B) UP-FRONT PREMIUMS.—The amount of established or changed under subparagraph (A) mium allowable under paragraph (2)(B); and any single premium payment collected at the only by providing notice to mortgagees and to ‘‘(II) in the case of a mortgage referred to in time of insurance may not exceed 3.0 percent of the Congress, at least 30 days before the pre- paragraph (2)(C), to an amount that does not the amount of the original insured principal ob- mium structure is established or changed. exceed the amount of the annual premium pay- ligation of the mortgage. ‘‘(C) ANNUAL REPORT REGARDING PREMIUMS.— able at the time of insurance of the mortgage on ‘‘(C) ANNUAL PREMIUMS.—Except as provided The Secretary shall submit a report to the Con- a mortgage of the same product type having the in subparagraph (D), the amount of any annual gress annually setting forth the rate structures same terms, but for which the mortgagor has a premium payment collected may not exceed 0.75 and rates established and altered pursuant to credit score equivalent to a FICO score of 560 or percent of the remaining insured principal obli- this paragraph during the preceding 12-month more; and gation of the mortgage. period and describing how such rates were de- ‘‘(ii) in the case only of a mortgage referred to ‘‘(D) ANNUAL REDETERMINATION OF PREMIUM termined. in paragraph (2)(C), refund to the mortgagor, RATE.—The Secretary shall redetermine the ‘‘(5) CONSIDERATIONS FOR PREMIUM STRUC- upon payment in full of the obligation of the rates of premiums not less than once every 12 TURE.—When establishing premiums for mort- months.’’. gages referred to in paragraph (2)(C), estab- mortgage, any amount by which the single premium payment for such mortgage collected at SEC. 7. MORTGAGE INSURANCE PREMIUMS FOR lishing premiums pursuant to paragraph (3), es- STANDARD AND HIGHER-RISK BOR- tablishing a premium structure under paragraph the time of insurance exceeded the amount of ROWERS. (4), and when changing such a premium struc- the single premium payment chargeable under Paragraph (2) of section 203(c) of the National ture, the Secretary shall consider the following: paragraph (2)(A) at the time of insurance for a Housing Act (12 U.S.C. 1709(c)(2)) is amended— ‘‘(A) The effect of the proposed premiums or mortgage of the same product type having the (1) by striking the matter that precedes sub- structure on the Secretary’s ability to meet the same terms, but for which the mortgagor has a paragraph (A) and inserting the following: operational goals of the Mutual Mortgage In- credit score equivalent to a FICO score of 560 or ‘‘(2) STANDARD-RISK MORTGAGES.—In the case surance Fund as provided in section 202(a). more.’’. of any mortgage that is secured by a 1- to 4-fam- ‘‘(B) Underwriting variables. SEC. 10. BORROWER PROTECTIONS FOR HIGHER ily dwelling, is an obligation of the Mutual ‘‘(C) The extent to which new pricing under RISK MORTGAGES. Mortgage Insurance Fund or of the General In- the proposed premiums or structure has poten- Section 203(b) of the National Housing Act (12 surance Fund pursuant to subsection (v) of this tial for acceptance in the private market. U.S.C. 1709(b)) is amended by adding at the end section or is insured under subsection (k) of this ‘‘(D) The administrative capability of the Sec- the following new paragraph: section or section 234(c), for which the mort- retary to administer the proposed premiums or ‘‘(10) BORROWER PROTECTIONS FOR CERTAIN gagor has paid on account of the property, in structure. MORTGAGES.—Except as otherwise specifically cash or its equivalent, at least 3 percent of the ‘‘(E) The effect of the proposed premiums or provided in this paragraph, in the case of any Secretary’s estimate of the cost of acquisition structure on the Secretary’s ability to maintain mortgage referred to in paragraph (2)(C) or (3)

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00021 Fmt 7634 Sfmt 6333 E:\CR\FM\A18SE7.035 H18SEPT1 bajohnson on PROD1PC71 with HOUSE H10458 CONGRESSIONAL RECORD — HOUSE September 18, 2007 of subsection (c), the following requirements under this subsection that is not a mortgage re- writing standards that provide for insurance shall apply: ferred to in such subsection, based on average under this title of mortgage loans, and take ac- ‘‘(A) DISCLOSURES.— closing costs with respect to such amount, as de- tions to facilitate the availability of mortgage ‘‘(i) REQUIRED DISCLOSURES.—In addition to termined by the Secretary; such cost shall be ex- loans insured under this title, for qualified bor- any disclosures that are otherwise required by pressed as an annual interest rate over the first rowers that are made for the purpose of paying law or by the Secretary for single family mort- 5 years of a mortgage; the disclosure required or prepaying outstanding obligations under ex- gages, the mortgagee shall disclose to the mort- under this subclause may be provided in con- isting mortgages for borrowers that— gagor the following information: junction with the notice required under sub- ‘‘(A) have existing mortgages with adverse ‘‘(I) AT APPLICATION.—At the time of applica- section (f). terms or rates, or tion for the loan involved in the mortgage— ‘‘(iv) 2- AND 3-FAMILY RESIDENCES.—In the ‘‘(B) do not have access to mortgages at rea- ‘‘(aa) a list of counseling agencies approved case of a mortgage involving a 2- or 3-family res- sonable rates and terms for such refinancings by the Secretary in the area of the applicant; idence, counseling under this subparagraph due to adverse market conditions. and shall include (in addition to the information re- ‘‘(2) INSURANCE OF MORTGAGES, THE SEC- ‘‘(bb) if the mortgagor is not provided coun- quired under clause (iii)) information regarding RETARY MAY ISSUE MORTGAGES TO BORROWERS IN seling in accordance with subparagraph (B), the real estate property management. DEFAULT OR AT RISK OF DEFAULT.—In facili- information required under subclauses (I), (II), ‘‘(C) NOTICE OF FORECLOSURE PREVENTION tating insurance for such mortgages, the Sec- and (III) of subparagraph (B)(iii) to be provided COUNSELING AVAILABILITY.— retary may issue mortgages to borrowers who to the mortgagor. ‘‘(i) WRITTEN AGREEMENT.—To be eligible for are, currently in default or at imminent risk of ‘‘(II) AT EXECUTION.—At the time of entering insurance under this subsection, the mortgagee being in default, but only if such loans meet into the mortgage— shall provide the mortgagor, at the time of the reasonable underwriting standards established ‘‘(aa) the terms of the mandatory 5-year pay- execution of the mortgage, a written agreement by the Secretary.’’. ment incentive required under subsection which shall be signed by the mortgagor and SEC. 12. ANNUAL REPORTS ON NEW PROGRAMS (c)(7)(A)(ii); and under which the mortgagee shall provide notice AND LOSS MITIGATION. ‘‘(bb) a statement that the mortgagor has a described in clause (ii) to a housing counseling Section 540(b)(2) of the National Housing Act right under contract to loss mitigation. entity that has agreed to provide the notice and (12 U.S.C. 1735f–18(b)(2)) is amended, by adding ‘‘(III) OTHER INFORMATION.—Any other addi- counseling required under clause (iii) and is ap- at the end the following new subparagraphs: tional information that the Secretary determines proved by the Secretary. ‘‘(C) The rates of default and foreclosure for is appropriate to ensure that the mortgagor has ‘‘(ii) NOTICE TO COUNSELING AGENCY.—The no- the applicable collection period for mortgages received timely and accurate information about tice described in this clause, with respect to a insured pursuant to the programs for mortgage the program under paragraph (2)(C) or (3) of mortgage, is notice, provided at the earliest time insurance under paragraphs (2)(C) and (3) of subsection (c), as applicable. practicable after the mortgagor becomes 60 days section 203(c). ‘‘(ii) PENALTIES FOR FAILURE TO PROVIDE RE- delinquent with respect to any payment due ‘‘(D) Actions taken by the Secretary during QUIRED DISCLOSURES.—The Secretary may estab- under the mortgage, that the mortgagor is so de- the applicable collection period with respect to lish and impose appropriate penalties for failure linquent and of how to contact the mortgagor. loss mitigation on mortgages insured pursuant of a mortgagee to provide any disclosure re- Such notice may only be provided once with re- to section 203.’’. quired under clause (i). spect to each delinquency period for a mortgage. SEC. 13. INSURANCE FOR SINGLE FAMILY HOMES ‘‘(iii) NO PRIVATE RIGHT OF ACTION.—This sub- WITH LICENSED CHILD CARE FACILI- ‘‘(iii) NOTICE TO MORTGAGOR.—Upon notice TIES. paragraph shall not create any private right of from a mortgagee that a mortgagor is 60 days (a) DEFINITION OF CHILD CARE FACILITY.— action on behalf of the mortgagor. delinquent with respect to payments due under ‘‘(B) COUNSELING.— Section 201 of the National Housing Act (12 the mortgage, the housing counseling entity ‘‘(i) ALLOWABLE REQUIREMENT.—The Sec- U.S.C. 1707) is amended by adding at the end shall at the earliest time practicable notify the retary may, in the discretion of the Secretary, the following new subsection: mortgagor of such delinquency, that the entity require that the mortgagor shall have received ‘‘(g) The term ‘child care facility’ means a fa- makes available foreclosure prevention coun- counseling that complies with the requirements cility that— seling that may assist the mortgagor in resolving of this subparagraph. ‘‘(A) has as its purpose the care of children the delinquency, and of how to contact the enti- ‘‘(ii) TERMS OF COUNSELING.—Counseling who are less than 12 years of age; and ty to arrange for such counseling. under this subparagraph shall be provided— ‘‘(B) is licensed or regulated by the State in BILITY TO CURE.—Failure to provide ‘‘(I) prior to application for the loan involved ‘‘(iv) A which it is located (or, if there is no State law the written agreement required under clause (i) in the mortgage; providing for such licensing and regulation by ‘‘(II) by a third party (other than the mort- may be corrected by sending such agreement to the State, by the municipality or other political gagee) who is approved by the Secretary, with the mortgagor not later than the earliest time subdivision in which the facility is located). practicable after the mortgagor first becomes 60 respect to the responsibilities and financial Such term does not include facilities for school- days delinquent with respect to payments due management involved in homeownership; age children primarily for use during normal under the mortgage. Insurance provided under ‘‘(III) on an individual basis to the mortgagor school hours.’’. this subsection may not be terminated and pen- by a representative of the approved third-party (b) INCREASE IN MAXIMUM MORTGAGE AMOUNT alties for such failure may not be prospectively counseling entity; and LIMITATION.—Paragraph (2) of section 203(b) of ‘‘(IV) in person, to the maximum extent pos- or retroactively imposed if such failure is cor- the National Housing Act (12 U.S.C. 1709(b)(2)), sible. rected in accordance with this clause. as amended by the preceding provisions of this ‘‘(v) PENALTIES FOR FAILURE TO PROVIDE ‘‘(iii) TOPICS.—In the case only of a mortgage Act, is further amended by adding at end the AGREEMENT.—The Secretary may establish and referred to in subsection (c)(3), counseling under following new undesignated paragraph: this subparagraph shall include providing to, impose appropriate penalties for failure of a ‘‘Notwithstanding any other provision of this and discussing with, the mortgagor— mortgagee to provide the written agreement re- paragraph, the amount that may be insured ‘‘(I) information regarding homeownership op- quired under clause (i). under this section may be increased by up to 25 tions other than a mortgage that is subject to ‘‘(vi) LIMITATION ON LIABILITY OF MORT- percent if such increase is necessary to account this paragraph, other zero- or low-downpay- GAGEE.—A mortgagee shall not incur any liabil- for the increased cost of the residence due to an ment mortgage options that are or may become ity or penalties for any failure of a housing increased need of space in the residence for lo- available to the mortgagor, the financial impli- counseling entity to provide notice under clause cating and operating a child care facility (as cations of entering into a mortgage (including a (iii). such term is defined in section 201) within the mortgage subject to this paragraph), and any ‘‘(vii) NO PRIVATE RIGHT OF ACTION.—This residence, but only if a valid license or certifi- other information that the Secretary may re- subparagraph shall not create any private right cate of compliance with regulations described in quire; of action on behalf of the mortgagor. section 201(g)(2) has been issued for such facil- ‘‘(II) a written disclosure that sets forth the ‘‘(viii) DELINQUENCY PERIOD.—For purposes of ity as of the date of the execution of the mort- amount and the percentage by which a property this subparagraph, the term ‘delinquency pe- gage, and only if such increase in the amount with a mortgage that is subject to this para- riod’ means, with respect to a mortgage, a pe- insured is proportional to the amount of space graph must appreciate for the mortgagor to re- riod that begins upon the mortgagor becoming of such residence that will be used for such fa- cover the principal amount of the mortgage, the delinquent with respect to payments due under cility.’’. the mortgage and ends upon the first subsequent costs financed under the mortgage, and the esti- SEC. 14. REHABILITATION LOANS. occurrence of such payments under the mort- mated costs involved in selling the property, if Subsection (k) of section 203 of the National gage becoming current or the property subject to the mortgagor were to sell the property on each Housing Act (12 U.S.C. 1709(k)) is amended— of the second, fifth, and tenth anniversaries of the mortgage being foreclosed or otherwise dis- (1) in paragraph (1), by striking ‘‘on’’ and all the mortgage; and posed of.’’. that follows through ‘‘1978’’; and ‘‘(III) a written disclosure, as the Secretary SEC. 11. REFINANCING MORTGAGES. (2) in paragraph (5)— shall require, that specifies the effective cost to Section 203 of the National Housing Act (12 (A) by striking ‘‘General Insurance Fund’’ the a mortgagor of borrowing the amount by which U.S.C. 1709) is amended by inserting after sub- first place it appears and inserting ‘‘Mutual the maximum amount that could be borrowed section (k) the following new subsection: Mortgage Insurance Fund’’; and under a mortgage that is referred to in sub- ‘‘(l) REFINANCING MORTGAGES.— (B) in the second sentence, by striking the section (c)(3) exceeds the maximum amount that ‘‘(1) ESTABLISHMENT OF UNDERWRITING STAND- comma and all that follows through ‘‘General could be borrowed under a mortgage insured ARDS.—The Secretary shall establish under- Insurance Fund’’.

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00022 Fmt 7634 Sfmt 6333 E:\CR\FM\A18SE7.035 H18SEPT1 bajohnson on PROD1PC71 with HOUSE September 18, 2007 CONGRESSIONAL RECORD — HOUSE H10459 SEC. 15. DISCRETIONARY ACTION. extent that the aggregate original principal loan (1) in section 205 (12 U.S.C. 1711), by striking The National Housing Act is amended— amount under such mortgages, any part of subsections (g) and (h); and (1) in subsection (e) of section 202 (12 U.S.C. which is guaranteed, does not exceed the (2) in section 519(e) (12 U.S.C. 1735c(e)), by 1708(e))— amount specified in appropriations Acts for striking ‘‘203(b)’’ and all that follows through (A) in paragraph (3)(B), by striking ‘‘section such fiscal year. ‘‘203(i)’’ and inserting ‘‘203, except as deter- 202(e) of the National Housing Act’’ and insert- ‘‘(3) FIDUCIARY RESPONSIBILITY.—The Sec- mined by the Secretary’’. ing ‘‘this subsection’’; and retary has a responsibility to ensure that the SEC. 18. HAWAIIAN HOME LANDS AND INDIAN (B) by redesignating such subsection as sub- Mutual Mortgage Insurance Fund remains fi- RESERVATIONS. section (f); nancially sound. (a) HAWAIIAN HOME LANDS.—Section 247(c) of (2) by striking paragraph (4) of section 203(s) ‘‘(4) ANNUAL INDEPENDENT ACTUARIAL the National Housing Act (12 U.S.C. 1715z–12) is (12 U.S.C. 1709(s)(4)) and inserting the following STUDY.—The Secretary shall provide for an amended— new paragraph: independent actuarial study of the Fund to be (1) by striking ‘‘General Insurance Fund es- ‘‘(4) the Secretary of Agriculture;’’; and conducted annually, which shall analyze the fi- tablished in section 519’’ and inserting ‘‘Mutual (3) by transferring subsection (s) of section 203 nancial position of the Fund. The Secretary Mortgage Insurance Fund’’; and (as amended by paragraph (2) of this section) to shall submit a report annually to the Congress (2) in the second sentence, by striking ‘‘(1) all section 202, inserting such subsection after sub- describing the results of such study and assess- references’’ and all that follows through ‘‘and section (d) of section 202, and redesignating ing the financial status of the Fund. The report (2)’’. such subsection as subsection (e). shall recommend adjustments to underwriting (b) INDIAN RESERVATIONS.—Section 248(f) of SEC. 16. INSURANCE OF CONDOMINIUMS AND standards, program participation, or premiums, the National Housing Act (12 U.S.C. 1715z–13) is MANUFACTURED HOUSING. if necessary, to ensure that the Fund remains fi- amended— (a) IN GENERAL.—Section 234 of the National nancially sound. (1) by striking ‘‘General Insurance Fund’’ the Housing Act (12 U.S.C. 1715y) is amended— ‘‘(5) QUARTERLY REPORTS.—During each fiscal first place it appears and all that follows (1) in subsection (c)— year, the Secretary shall submit a report to the through ‘‘519’’ and inserting ‘‘Mutual Mortgage (A) in the first sentence— Congress for each quarter, which shall specify Insurance Fund’’; and (i) by striking ‘‘and’’ before ‘‘(2)’’; and for mortgages that are obligations of the Fund— (2) in the second sentence, by striking ‘‘(1) all (ii) by inserting before the period at the end ‘‘(A) the cumulative volume of loan guarantee references’’ and all that follows through ‘‘and the following: ‘‘, and (3) the project has a blan- commitments that have been made during such (2)’’. ket mortgage insured by the Secretary under fiscal year through the end of the quarter for SEC. 19. CONFORMING AND TECHNICAL AMEND- subsection (d)’’; and which the report is submitted; MENTS. (B) in clause (B) of the third sentence, by ‘‘(B) the types of loans insured, categorized by (a) REPEALS.—The following provisions of the striking ‘‘thirty-five years’’ and inserting ‘‘forty risk; National Housing Act are repealed: years’’; and ‘‘(C) any significant changes between actual (1) Subsection (i) of section 203 (12 U.S.C. (2) in subsection (g), by striking ‘‘, except and projected claim and prepayment activity; 1709(i)). that’’ and all that follows and inserting a pe- ‘‘(D) projected versus actual loss rates; and (2) Subsection (o) of section 203 (12 U.S.C. riod. ‘‘(E) updated projections of the annual sub- 1709(o)). (b) DEFINITION OF MORTGAGE.—Section 201(a) sidy rates to ensure that increases in risk to the (3) Subsection (p) of section 203 (12 U.S.C. of the National Housing Act (12 U.S.C. 1707(a)) Fund are identified and mitigated by adjust- 1709(p)). is amended— ments to underwriting standards, program par- (4) Subsection (q) of section 203 (12 U.S.C. (1) before ‘‘ a first mortgage’’ insert ‘‘(A)’’; ticipation, or premiums, and the financial 1709(q)). (2) by striking ‘‘or on a leasehold (1)’’ and in- soundness of the Fund is maintained. (5) Section 222 (12 U.S.C. 1715m). serting ‘‘(B) a first mortgage on a leasehold on The first quarterly report under this paragraph (6) Section 237 (12 U.S.C. 1715z–2). real estate (i)’’; shall be submitted on the last day of the first (7) Section 245 (12 U.S.C. 1715z–10). (3) by striking ‘‘or (2)’’ and inserting ‘‘, or quarter of fiscal year 2008, or upon the expira- (b) DEFINITION OF AREA.—Section 203(u)(2)(A) (ii)’’; and tion of the 90-day period beginning on the date of the National Housing Act (12 U.S.C. (4) by inserting before the semicolon the fol- of the enactment of the Expanding American 1709(u)(2)(A)) is amended by striking ‘‘shall’’ lowing: ‘‘, or (C) a first mortgage given to secure Homeownership Act of 2007, whichever is later. and all that follows and inserting ‘‘means a the unpaid purchase price of a fee interest in, or ‘‘(6) ADJUSTMENT OF PREMIUMS.—If, pursuant metropolitan statistical area as established by long-term leasehold interest in, real estate con- to the independent actuarial study of the Fund the Office of Management and Budget;’’. sisting of a one-family unit in a multifamily required under paragraph (5), the Secretary de- (c) DEFINITION OF STATE.—Section 201(d) of project, including a project in which the dwell- termines that the Fund is not meeting the oper- the National Housing Act (12 U.S.C. 1707(d)) is ing units are attached, or are manufactured ational goals established under paragraph (8) or amended by striking ‘‘the Trust Territory of the housing units, semi-detached, or detached, and there is a substantial probability that the Fund Pacific Islands’’ and inserting ‘‘the Common- an undivided interest in the common areas and will not maintain its established target subsidy wealth of the Northern Mariana Islands’’. facilities which serve the project’’. rate, the Secretary may either make pro- SEC. 20. HOME EQUITY CONVERSION MORT- (c) DEFINITION OF REAL ESTATE.—Section 201 grammatic adjustments under section 203 as nec- GAGES. of the National Housing Act (12 U.S.C. 1707), as essary to reduce the risk to the Fund, or make (a) IN GENERAL.—Section 255 of the National amended by the preceding provisions of this Act, appropriate premium adjustments. Housing Act (12 U.S.C. 1715z–20) is amended— is further amended by adding at the end the fol- ‘‘(7) OPERATIONAL GOALS.—The operational (1) in subsection (b)(2), insert ‘‘ ‘real estate,’’’ lowing new subsection: goals for the Fund are— after ‘‘ ‘mortgagor’,’’; ‘‘(h) The term ‘real estate’ means land and all ‘‘(A) to charge borrowers under loans that are (2) in subsection (g)— natural resources and structures permanently obligations of the Fund an appropriate premium (A) by striking the first sentence; and affixed to the land, including residential build- for the risk that such loans pose to the Fund; (B) by striking ‘‘established under section ings and stationary manufactured housing. The ‘‘(B) to minimize the default risk to the Fund 203(b)(2)’’ and all that follows through ‘‘lo- Secretary may not require, for treatment of any and to homeowners; cated’’ and inserting ‘‘limitation established land or other property as real estate for pur- ‘‘(C) to curtail the impact of adverse selection under section 305(a)(2) of the Federal Home poses of this title, that such land or property be on the Fund; and Loan Mortgage Corporation Act for a 1-family treated as real estate for purposes of State tax- ‘‘(D) to meet the housing needs of the bor- residence’’; ation.’’. rowers that the single family mortgage insur- (3) in subsection (i)(1)(C), by striking ‘‘limita- SEC. 17. MUTUAL MORTGAGE INSURANCE FUND. ance program under this title is designed to tions’’ and inserting ‘‘limitation’’; and (a) IN GENERAL.—Subsection (a) of section 202 serve.’’. (4) by adding at the end the following new of the National Housing Act (12 U.S.C. 1708(a)) (b) OBLIGATIONS OF FUND.—The National subsection: is amended to read as follows: Housing Act is amended as follows: ‘‘(o) AUTHORITY TO INSURE HOME PURCHASE ‘‘(a) MUTUAL MORTGAGE INSURANCE FUND.— (1) HOMEOWNERSHIP VOUCHER PROGRAM MORT- MORTGAGE.— ‘‘(1) ESTABLISHMENT.—Subject to the provi- GAGES.—In section 203(v) (12 U.S.C. 1709(v))— ‘‘(1) IN GENERAL.—Notwithstanding any other sions of the Federal Credit Reform Act of 1990, (A) by striking ‘‘Notwithstanding section 202 provision in this section, the Secretary may in- there is hereby created a Mutual Mortgage In- of this title, the’’ and inserting ‘‘The’’; and sure, upon application by a mortgagee, a home surance Fund (in this title referred to as the (B) by striking ‘‘General Insurance Fund’’ the equity conversion mortgage upon such terms ‘Fund’), which shall be used by the Secretary to first place such term appears and all that fol- and conditions as the Secretary may prescribe, carry out the provisions of this title with respect lows and inserting ‘‘Mutual Mortgage Insur- when the primary purpose of the home equity to mortgages insured under section 203. The Sec- ance Fund.’’. conversion mortgage is to enable an elderly retary may enter into commitments to guar- (2) HOME EQUITY CONVERSION MORTGAGES.— mortgagor to purchase a 1- to 4-family dwelling antee, and may guarantee, such insured mort- Section 255(i)(2)(A) of the National Housing Act in which the mortgagor will occupy or occupies gages. (12 U.S.C. 1715z–20(i)(2)(A)) is amended by strik- one of the units. ‘‘(2) LIMIT ON LOAN GUARANTEES.—The au- ing ‘‘General Insurance Fund’’ and inserting ‘‘(2) LIMITATION ON PRINCIPAL OBLIGATION.—A thority of the Secretary to enter into commit- ‘‘Mutual Mortgage Insurance Fund’’. home equity conversion mortgage insured pursu- ments to guarantee such insured mortgages (c) CONFORMING AMENDMENTS.—The National ant to paragraph (1) shall involve a principal shall be effective for any fiscal year only to the Housing Act is amended— obligation that does not exceed the dollar

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00023 Fmt 7634 Sfmt 6333 E:\CR\FM\A18SE7.036 H18SEPT1 bajohnson on PROD1PC71 with HOUSE H10460 CONGRESSIONAL RECORD — HOUSE September 18, 2007 amount limitation determined under section ‘‘(ii) submits to the Secretary such financial title that are comparable to the protection pro- 305(a)(2) of the Federal Home Loan Mortgage audits performed in accordance with the stand- vided by the requirements for mortgagees under Corporation Act for a residence of the applicable ards for financial audits of the Government Au- this title as in effect immediately before the en- size.’’. diting Standards issued by the Comptroller Gen- actment of such Act; and (b) MORTGAGES FOR COOPERATIVES.—Sub- eral of the United States; ‘‘(II) publishes in the Federal Register a no- section (b) of section 255 of the National Hous- ‘‘(iii) meet the minimum net worth require- tice of such determination and an order extending Act (12 U.S.C. 1715z–20(b)) is amended— ment that the Secretary shall establish; ing the applicability of such subparagraphs. (1) in paragraph (4)— ‘‘(iv) is licensed, under the laws of the State ‘‘(ii) If, taking into consideration such report, (A) by inserting ‘‘a first or subordinate mort- in which the property that is subject to the the Secretary makes a determination after the gage or lien’’ before ‘‘on all stock’’; mortgage is located, to act as a lender in such expiration of such 4-year period that subpara- (B) by inserting ‘‘unit’’ after ‘‘dwelling’’; and State; and graphs (B) and (C) do not provide protection as (C) by inserting ‘‘a first mortgage or first lien’’ ‘‘(v) complies with such other requirements as referred to in clause (i) of this subparagraph, before ‘‘on a leasehold’’; and the Secretary may establish. (2) in paragraph (5), by inserting ‘‘a first or the Secretary may, by order published in the ‘‘(B) QUALIFICATION OF CORRESPONDENT LEND- subordinate lien on’’ before ‘‘all stock’’. Federal Register, provide for the participation, ERS BY SURETY BOND.—Except as provided in (c) LIMITATION ON ORIGINATION FEES.—Sec- after the expiration of the 5-year period referred tion 255 of the National Housing Act (12 U.S.C. subparagraph (D), a correspondent lender to in clause (i), of correspondent lenders and 1715z–20), as amended by the preceding provi- who— mortgage brokers as mortgagees in the insurance sions of this section, is further amended— ‘‘(i) closes a mortgage in its name, but does programs under this title in accordance with (1) by redesignating subsections (k), (l), and not underwrite and does not service the mort- subparagraphs (B) and (C) as modified by the (m) as subsections (l), (m), and (n), respectively; gage; Secretary as the Secretary considers appropriate and ‘‘(ii) is licensed, under the laws of the State in to provide such protection. (2) by inserting after subsection (j) the fol- which the property that is subject to the mort- ‘‘(E) ADDITIONAL MORTGAGE BROKER REQUIRE- lowing new subsection: gage is located, to act as a correspondent lender MENTS.— ‘‘(k) LIMITATION ON ORIGINATION FEES.—The in such State; ‘‘(i) In addition to the requirements under Secretary shall establish limits on the origina- ‘‘(iii) posts a surety bond, in lieu of any re- subparagraphs (A) and (C) and to duties im- tion fee that may be charged to a mortgagor quirement to provide audited financial state- posed under other statutes or common law, to be under a mortgage insured under this section, ments or meet a minimum net worth require- eligible as a mortgagee under this section, a which limitations shall— ment, that— broker shall— ‘‘(1) equal to 1.5 percent of the maximum claim ‘‘(I) is in a form satisfactory to the Secretary; ‘‘(I) safeguard and account for any money amount of the mortgage, except that the Sec- ‘‘(II) is in an aggregate amount, to be deter- handled for the borrower; retary may adjust the limitation under this mined by the Secretary based on the aggregate ‘‘(II) follow reasonable and lawful instruc- paragraph on the basis of an analysis of (A) principal amount of single-family mortgages in- tions from the borrower; and costs to mortgagors, and (B) the impact on the sured under this title that are placed in a cal- ‘‘(III) act with reasonable skill, care, and dili- reverse mortgage market; endar year, which shall not be less than $50,000 gence. ‘‘(2) be subject to a minimum allowable or more than $100,000, as such amount is ad- ‘‘(ii) For purposes of this subparagraph, a amount; justed annually by the Secretary (as determined loan correspondent shall be considered to be a ‘‘(3) provide that the origination fee may be by the Secretary) by the change for such year in mortgage broker. fully financed with the mortgage; the Consumer Price Index for All Urban Con- ‘‘(iii) The duties and standards of care created ‘‘(4) include any fees paid to correspondent sumers published monthly by the Bureau of in this subparagraph shall not be waived or mortgagees approved by the Secretary or to Labor Statistics of the Department of Labor; modified. mortgage brokers; and ‘‘(III) guarantees payment of any liability of ‘‘(iv) Any broker found by the Secretary to ‘‘(5) apply beginning upon the date that the the correspondent lender arising from its partici- have violated the requirements of this subpara- maximum dollar amount limitation on the bene- pation in the program, up to the penal sum of graph may not originate mortgage loans insured fits of insurance under this section is first in- the surety bond; without regard to the number under this title. creased pursuant to the amendments made by of years the bond remains in effect, the number ‘‘(3) The term ‘mortgagor’ includes the origi- section 19(a)(2) of the Expanding American of claims or claimants, and the number of pre- nal borrower under a mortgage and the succes- Homeownership Act of 2007.’’. miums paid, in no event shall the aggregate li- sors and assigns of the original borrower.’’; and (d) STUDY REGARDING MORTGAGE INSURANCE ability of the surety exceed the penal sum of the (iii) by redesignating subsections (a), (c), (d), PREMIUMS.—The Secretary of Housing and (e), (f), (g), and (h) as paragraphs (1), (4), (5), Urban Development shall conduct a study re- bond; and ‘‘(IV) may be cancelled by the surety as to fu- (6), (7), (8), and (9), respectively, and indenting garding mortgage insurance premiums charged ture liability by giving 30 days notice in writing such paragraphs two ems so as to align the left under the program under section 255 of the Na- to the Secretary, except that any such cancella- margins of such paragraphs with the left mar- tional Housing Act (12 U.S.C. 1715z–20) for in- tion shall not alter the liability of the surety for gins of paragraphs (2) and (3) (as added by surance of home equity conversion mortgages to actions of the correspondent lender prior to the clause (ii) of this subparagraph). analyze and determine the effects of reducing effective date of teh cancellation; and (B) MORTGAGEE REVIEW.—Section 202(c)(7) of the amounts of such premiums from the amounts ‘‘(iv) complies with such other requirements as the National Housing Act (12 U.S.C. 1708(c)(7)) charged as of the date of the enactment of this the Secretary may establish, except that the Sec- is amended— Act on (1) costs to mortgagors, and (2) the fi- retary shall not require any minimum net worth (i) in subparagraph (A), by inserting ‘‘, as de- nancial soundness of the program. Not later or certified financial statements. fined in section 201,’’ after ‘‘mortgagee’’; than the expiration of the 12-month period be- ‘‘(C) QUALIFICATION OF BROKERS BY SURETY (ii) by striking subparagraph (B); and ginning on the date of the enactment of this BOND.—Except as provided in subparagraph (iii) by redesignating subparagraphs (C) and Act, the Secretary shall submit a report to the (D), a mortgage broker who— (D) as subparagraphs (B) and (C), respectively. Congress setting forth the results and conclu- ‘‘(i) closes the mortgage in the name of the (C) MULTIFAMILY RENTAL HOUSING INSUR- sions of the study. lender, and does not underwrite and does not ANCE.—Section 207(a)(2) of the National Hous- SEC. 21. PARTICIPATION OF MORTGAGE BROKERS service the mortgage; ing Act (12 U.S.C. 1713(a)(2)) is amended by AND CORRESPONDENT LENDERS. ‘‘(ii) is licensed, under the laws of the State in striking ‘‘means the original lender under a (a) IN GENERAL.— which the property that is subject to the mort- mortgage, and its successors and assigns, and’’ (1) DEFINITIONS.— and inserting ‘‘has the meaning given such term (A) IN GENERAL.—Section 201 of the National gage is located, to act as a mortgage broker in Housing Act (12 U.S.C. 1707), as amended by the such State; in section 201, except that such term also’’. preceding provisions of this Act, is further ‘‘(iii) posts a surety bond in accordance with (D) WAR HOUSING INSURANCE.—Section 601(b) amended— the requirements of subparagraph (B)(ii); and of the National Housing Act (12 U.S.C. 1736(b)) (i) by striking ‘‘As used in section 203 of this ‘‘(iv) complies with such other requirements as is amended by striking ‘‘includes the original title—’’ and inserting ‘‘As used in this title and the Secretary may establish, except that the Sec- lender under a mortgage, and his successors and for purposes of participation in insurance pro- retary shall not require any minimum net worth assigns approved by the Secretary’’ and insert- grams under this title, except as specifically pro- or certified financial statement. ing ‘‘has the meaning given such term in section vided otherwise, the following definitions shall ‘‘(D) CONDITIONS FOR CONTINUED APPLICA- 201’’. apply:’’; BILITY.—(i) Subparagraphs (B) and (C) shall (E) ARMED SERVICES HOUSING MORTGAGE IN- (ii) by striking subsection (b) and inserting the continue to apply after the expiration of the 5- SURANCE.—Section 801(b) of the National Hous- following: year period beginning on the date of the enacting Act (12 U.S.C. 1748(b)) is amended by strik- ‘‘(2) The term ‘mortgagee’ means any of the ment of the Expanding American Homeowner- ing ‘‘includes the original lender under a mort- following entities, and its successors and as- ship Act of 2007 only if, after the expiration of gage, and his successors and assigns approved signs, to the extent such entity is approved by the 4-year period beginning upon such date of by the Secretary’’ and inserting ‘‘has the mean- the Secretary: enactment and taking into consideration the re- ing given such term in section 201’’. ‘‘(A) QUALIFICATION BY AUDIT AND NET port submitted in accordance with section 19(b) (F) GROUP PRACTICE FACILITIES MORTGAGE IN- WORTH.—A lender who— of such Act, the Secretary— SURANCE.—Section 1106(8) of the National Hous- ‘‘(i) closes a mortgage in its name and under- ‘‘(I) makes a determination that such sub- ing Act (12 U.S.C. 1749aaa–5(8)) is amended by writes the mortgage, services the mortgage, or paragraphs provide protection to mortgage in- striking ‘‘means the original lender under a both underwrites and services the mortgage; surance funds for mortgages insured under this mortgage, and his or its successors and assigns,

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00024 Fmt 7634 Sfmt 6333 E:\CR\FM\A18SE7.037 H18SEPT1 bajohnson on PROD1PC71 with HOUSE September 18, 2007 CONGRESSIONAL RECORD — HOUSE H10461 and’’ and inserting ‘‘has the meaning given mortgage brokers and correspondent lenders au- (3) in subsection (c)(3), by adding at the end such term in section 201, except that such term thorized to participate in the programs under the following: ‘‘In the case of any failure to also’’. such Act pursuant to the amendments made by make a payment described in subsection (2) ELIGIBILITY FOR INSURANCE.— subsection (a) to such numbers and rates on (b)(1)(K) for which the servicer fails to reim- (A) TITLE i.—Paragraph (1) of section 8(b) of such mortgages originated by lenders who would burse the mortgagor (A) before the expiration of the National Housing Act (12 U.S.C. 1706c(b)(1)) be authorized to participate in such programs the 60-day period beginning on the deadline to is amended— notwithstanding such amendments; avoid a penalty with respect to such payment, (i) by striking ‘‘, and be held by,’’; and (C) any impact of such amendments on the in the sum of the amount not paid from the es- (ii) by striking ‘‘as responsible and able to costs to the Secretary of Housing and Urban De- crow account by such deadline and the amount service the mortgage properly’’. velopment of administering the mortgage insur- of any penalties accruing to the mortgagor that (B) SINGLE FAMILY HOUSING MORTGAGE INSUR- ance programs under such title; and are attributable to such failure, or (B) in the ANCE.—Paragraph (1) of section 203(b) of the (D) the extent and effectiveness of the super- amount of any attorneys fees incurred by the National Housing Act (12 U.S.C. 1709(b)(1)) is vision and enforcement, by the Secretary, of the mortgagor and attributable to such failure, the amended— additional authority provided under the amend- Secretary shall increase the amount of the pen- (i) by striking ‘‘, and be held by,’’; and ments made by subsection (a). alty under subsection (a) for any such failure to (ii) by striking ‘‘as responsible and able to (2) REPORT.—Not later than the expiration of reimburse, unless the Secretary determines there service the mortgage properly’’. 4-year period beginning on the date of the en- are mitigating circumstances.’’. ECTION 221 MORTGAGE INSURANCE (C) S .—Para- actment of this Act, the Comptroller General (b) PROHIBITION ON SUBMISSION OF INFORMA- graph (1) of section 221(d) of the National Hous- shall submit a report to the Congress and the TION BY HUD.—Title II of the National Housing ing Act (12 U.S.C. 1715l(d)(1)) is amended— Secretary of Housing and Urban Development Act (12 U.S.C. 1707 et seq.) is amended by add- (i) by striking ‘‘and be held by’’; and setting forth the results and conclusions of the ing at the end the following new section: (ii) by striking ‘‘as responsible and able to study conducted pursuant to paragraph (1). ‘‘SEC. 257. PROHIBITION REGARDING FAILURE ON service the mortgage properly’’. SEC. 22. CONFORMING LOAN LIMIT IN DISASTER PART OF SERVICER TO MAKE ES- (D) HOME EQUITY CONVERSION MORTGAGE IN- AREAS. CROW PAYMENTS. SURANCE.—Paragraph (1) of section 255(d) of the Section 203(h) of the National Housing Act (12 National Housing Act (12 U.S.C. 1715z–20(d)(1)) U.S.C. 1709) is amended— ‘‘In the case of any failure to make any pay- is amended by striking ‘‘as responsible and able (1) by inserting after ‘‘property’’ the fol- ment as described in section 536(b)(1)(K), the to service the mortgage properly’’. lowing: ‘‘plus any initial service charges, ap- Secretary may not submit any information to a (E) WAR HOUSING MORTGAGE INSURANCE.— praisal, inspection and other fees in connection consumer reporting agency (as such term is de- Paragraph (1) of section 603(b) of the National with the mortgage as approved by the Sec- fined in section 603(f) of the Fair Credit Report- Housing Act (12 U.S.C. 1738(b)(1)) is amended— retary,’’; ing Act (15 U.S.C. 1681a(f))) regarding such fail- (i) by striking ‘‘, and be held by,’’; and (2) by striking the second sentence (as added ure that is adverse to the credit rating or inter- (ii) by striking ‘‘as responsible and able to by chapter 7 of the Emergency Supplemental est of the mortgagor.’’. service the mortgage properly’’. Appropriations Act of 1994 (Public Law 103–211; SEC. 24. ACCEPTABLE IDENTIFICATION FOR FHA (F) WAR HOUSING MORTGAGE INSURANCE FOR 108 Stat. 12)); and MORTGAGORS. LARGE-SCALE HOUSING PROJECTS.—Paragraph (1) (3) by adding at the end the following new (a) IN GENERAL.—Title II of the National of section 611(b) of the National Housing Act (12 sentence: ‘‘In any case in which the single fam- Housing Act is amended by inserting after sec- U.S.C. 1746(b)(1)) is amended— ily residence to be insured under this subsection tion 209 (12 U.S.C. 1715) the following new sec- (i) by striking ‘‘and be held by’’; and is within a jurisdiction in which the President tion: (ii) by striking ‘‘as responsible and able to has declared a major disaster to have occurred, ‘‘SEC. 210. FORMS OF ACCEPTABLE IDENTIFICA- service the mortgage properly’’. the Secretary is authorized, for a temporary pe- TION. (G) GROUP PRACTICE FACILITY MORTGAGE IN- riod not to exceed 36 months from the date of ‘‘The Secretary may not insure a mortgage SURANCE.—Section 1101(b)(2) of the National such Presidential declaration, to enter into under any provision of this title unless the mort- Housing Act (12 U.S.C. 1749aaa(b)(2)) is amend- agreements to insure a mortgage which involves gagor under the mortgage provides personal ed— a principal obligation of up to 100 percent of the identification in one of the following forms: (i) by striking ‘‘and held by’’; and dollar limitation determined under section (ii) by striking ‘‘as responsible and able to 305(a)(2) of the Federal Home Loan Mortgage ‘‘(1) SOCIAL SECURITY CARD WITH PHOTO IDEN- service the mortgage properly’’. Corporation Act for a single family residence, TIFICATION CARD OR REAL ID ACT IDENTIFICA- (H) NATIONAL DEFENSE HOUSING INSURANCE.— and not in excess of 100 percent of the appraised TION.— Paragraph (1) of section 903(b) of the National value of the property plus any initial service ‘‘(A) A social security card accompanied by a Housing Act (12 U.S.C. 1750b(b)(1)) is amend- charges, appraisal, inspection and other fees in photo identification card issued by the Federal ed— connection with the mortgage as approved by Government or a State Government; or (i) by striking ‘‘, and be held by,’’; and the Secretary.’’. ‘‘(B) A driver’s license or identification card (ii) by striking ‘‘as responsible and able to SEC. 23. FAILURE TO PAY AMOUNTS FROM ES- issued by a State in the case of a State that is service the mortgage properly’’. CROW ACCOUNTS FOR SINGLE FAM- in compliance with title II of the REAL ID Act (I) CONTINGENT REPEAL.—Unless there is pub- ILY MORTGAGES. of 2005 (title II of division B of Public Law 109- lished in the Federal Register, before the expira- (a) PENALTIES.—Section 536 of the National 13; 49 U.S.C. 30301 note). tion of the 5-year period beginning on the date Housing Act (12 U.S.C. 1735f–14) is amended— ‘‘(2) PASSPORT.—A passport issued by the of the enactment of this Act, an order under (1) in subsection (a)(1), by inserting ‘‘servicers United States or a foreign government. clause (i) or (ii) of section 201(2)(D) of the Na- (including escrow account servicers),’’ after ‘‘(3) USCIS PHOTO IDENTIFICATION CARD.—A tional Housing Act (12 U.S.C. 1707(2)(D)), as ‘‘appraisers,’’; photo identification card issued by the Secretary added by paragraph (1)(A)(2) of this subsection, (2) in subsection (b)(1)— of Homeland Security (acting through the Direc- upon the expiration of such period the provi- (A) in the matter preceding subparagraph (A), tor of the United States Citizenship and Immi- sions of such Act amended by this paragraph by inserting ‘‘or other participant referred to in gration Services).’’. are amended to read as such provisions would subsection (a),’’ after ‘‘lender,’’ ; and (b) EFFECTIVE DATE.—The requirements of be in effect upon such expiration if this Act had (B) by inserting at the end the following new section 210 of the National Housing Act (as not been enacted (taking into consideration any subparagraphs: added by subsection (a) of this section) shall amendments, after such date of enactment, to ‘‘(K) In the case of a mortgage for a 1- to 4- take effect six months after the date of the en- such provisions other than under this Act). family residence insured under title II that re- actment of this Act. (b) GAO STUDY AND REPORT.— quires the mortgagor to make payments to the (1) STUDY.—The Comptroller General of the mortgagee or other servicer of the mortgage for SEC. 25. PILOT PROGRAM FOR AUTOMATED PROC- United States shall conduct a study, upon the deposit into an escrow account for the purpose ESS FOR BORROWERS WITHOUT SUF- expiration of the 42-month period beginning on of assuring payment of taxes, insurance pre- FICIENT CREDIT HISTORY. the date of the enactment of this Act, regarding miums, and other charges with respect to the (a) ESTABLISHMENT.—Title II of the National the effect of the amendments made by subsection property, failure on the part of the servicer to Housing Act (12 U.S.C. 1707 et seq.), as amended (a), which shall analyze and determine— make any such payment from the escrow ac- by the preceding provisions of this Act, is fur- (A) the extent to which such amendments count by the deadline to avoid a penalty with ther amended by adding at the end the fol- have resulted in increased participation, by respect to such payment provided for in the lowing new section: mortgage brokers and correspondent lenders, in mortgage, unless the servicer was not provided ‘‘SEC. 258. PILOT PROGRAM FOR AUTOMATED the mortgage insurance programs under the Na- notice of such deadline. PROCESS FOR BORROWERS WITH- tional Housing Act, as measured by the number ‘‘(L) In the case of any failure to make any OUT SUFFICIENT CREDIT HISTORY. and amounts of such insured mortgages, payment as described in subparagraph (K), sub- ‘‘(a) ESTABLISHMENT.—The Secretary shall disaggregated by the States in which the prop- mitting any information to a consumer reporting carry out a pilot program to establish, and make erties subject to such mortgages are located; agency (as such term is defined in section 603(f) available to mortgagees, an automated process (B) with respect to mortgages insured under of the Fair Credit Reporting Act (15 U.S.C. for providing alternative credit rating informa- such Act, a comparison in the numbers and rate 1681a(f))) regarding such failure that is adverse tion for mortgagors and prospective mortgagors of defaults, foreclosures, and mortgage insur- to the credit rating or interest of the mort- under mortgages on 1- to 4-family residences to ance claims on such mortgages originated by gagor.’’; and be insured under this title who have insufficient

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00025 Fmt 7634 Sfmt 6333 E:\CR\FM\A18SE7.038 H18SEPT1 bajohnson on PROD1PC71 with HOUSE H10462 CONGRESSIONAL RECORD — HOUSE September 18, 2007 credit histories for determining their credit- to the level and sophistication of the technology loan through any discount loan sale during worthiness. Such alternative credit rating infor- used in the conventional mortgage lending mar- such fiscal year under the provisions referred to mation may include rent, utilities, and insur- ket, or to exceed such level; and in section 2002(b), unless the property or loan is ance payment histories, and such other informa- (3) the Secretary of Housing and Urban Devel- sold for an amount that is equal to or greater tion as the Secretary considers appropriate. opment should report to the Congress not later than 60 percent of the property market value or ‘‘(b) SCOPE.—The Secretary may carry out the than 180 days after the date of the enactment of loan market value, respectively.’’. pilot program under this section on a limited this Act regarding the progress the Department SEC. 31. USE OF FHA SAVINGS FOR COSTS OF basis or scope, and may consider limiting the is making toward such goal and if progress is MORTGAGE INSURANCE, HOUSING program— not sufficient, the resources needed to make COUNSELING, FHA TECHNOLOGIES, ‘‘(1) to first-time homebuyers; or greater progress. PROCEDURES, AND PROCESSES, AND ‘‘(2) metropolitan statistical areas signifi- FOR AFFORDABLE HOUSING GRANT SEC. 27. MULTIFAMILY HOUSING MORTGAGE LIM- FUND, AND STUDY. cantly impacted by subprime lending. ITS IN HIGH COST AREAS. ‘‘(c) LIMITATION.—In any fiscal year, the ag- (a) IN GENERAL.—Subject to subsection (c), The National Housing Act is amended— gregate number of mortgages insured pursuant there is authorized to be appropriated for each (1) in sections 207(c)(3), 213(b)(2)(B)(i), to the automated process established under this fiscal year an amount equal to the net increase 221(d)(3)(ii)(II), 221(d)(4)(ii)(II), 231(c)(2)(B), section may not exceed 5 percent of the aggre- for such fiscal year in, except as provided in and 234(e)(3)(B) (12 U.S.C. 1713(c)(3), gate number of mortgages for 1- to 4-family resi- subsection (b), the negative credit subsidy for 1715e(b)(2)(B)(i), 1715l(d)(3)(ii)(II), dences insured by the Secretary under this title the mortgage insurance programs under title II 1715l(d)(4)(ii)(II), 1715v(c)(2)(B), and during the preceding fiscal year. of the National Housing Act resulting from this 1715y(e)(3)(B))— ‘‘(d) SUNSET.—After the expiration of the 5- Act and the amendments made by this Act, for year period beginning on the date of the enact- (A) by striking ‘‘140 percent’’ each place such the following purposes in the following ment of the Expanding American Homeowner- term appears and inserting ‘‘170 percent’’; and amounts: (B) by striking ‘‘170 percent in high cost ship Act of 2007, the Secretary may not enter (1) SINGLE FAMILY HOUSING MORTGAGE INSUR- areas’’ each place such term appears and insert- into any new commitment to insure any mort- ANCE.—For each fiscal year, for costs (as such ing ‘‘215 percent in high cost areas’’; and gage, or newly insure any mortgage, pursuant term is defined in section 502 of the Federal (2) in section 220(d)(3)(B)(iii)(III) (12 U.S.C. to the automated process established under this Credit Reform Act of 1990 (2 U.S.C. 661a)) of 1715k(d)(3)(B)(iii)(III)) by striking ‘‘206A’’ and section.’’. mortgage insurance provided pursuant to sec- (b) GAO REPORT.—Not later than the expira- all that follows through ‘‘project-by-project tion 203(b) of the National Housing Act (12 tion of the four-year period beginning on the basis’’ and inserting the following: ‘‘206A of this U.S.C. 1709(b)), the additional amount (not in- date that the Secretary of Housing and Urban Act) by not to exceed 170 percent in any geo- cluding any costs of such mortgage insurance Development first insures any mortgage pursu- graphical area where the Secretary finds that resulting from this Act or the amendments made ant to the automated process established under cost levels so require and by not to exceed 170 by this Act), if any, necessary to ensure that the pilot program under section 258 of the National percent, or 215 percent in high cost areas, where credit subsidy cost of such mortgage insurance Housing Act (as added by the amendment made the Secretary determines it necessary on a for such fiscal year is $0. (2) HOUSING COUNSELING.—For each of fiscal by subsection (a) of this section). Such auto- project-by-project basis’’. years 2008 through 2012, the amount needed to mated process and the impact of such process SEC. 28. DISCOUNT SALES OF MULTIFAMILY increase funding, for the housing counseling and the insurance of mortgages pursuant to PROPERTIES. program under section 106 of the Housing and such process on the safety and soundness of the There is authorized to be appropriated, for Urban Development Act of 1968 (12 U.S.C. insurance funds under the National Housing discount sales of multifamily real properties 1701x), in connection with homebuyers and Act of which such mortgages are obligations. under section 207(1) or 246 of the National housing Act (12 U.S.C. 1713(1), 1715z–11), section 203 homeowners with mortgages insured under title SEC. 26. SENSE OF CONGRESS REGARDING TECH- II of the National Housing Act, from the amount NOLOGY FOR FINANCIAL SYSTEMS. of the Housing and Community Development appropriated for the preceding fiscal year to (a) CONGRESSIONAL FINDINGS.—The Congress Amendments of 1978 (12 U.S.C. 1701z–11), or sec- $100,000,000. finds the following: tion 204 of the Departments of Veterans Affairs (3) MORTGAGE INSURANCE TECHNOLOGY, PRO- (1) The Government Accountability Office has and Housing and Urban Development, and CEDURES, PROCESSES, PROGRAM PERFORMANCE, cited the FHA single family housing mortgage Independent Agencies Appropriations Act, 1997 AND SALARIES.—For each of fiscal years 2008 insurance program as a ‘‘high-risk’’ program, (12 U.S.C. 1715z–11a), and for discount loan sales under section 207(k) of the National Hous- through 2012, $25,000,000 for increasing funding with a primary reason being non-integrated and for the purpose of improving technology, proce- ing Act (12 U.S.C. 1713(k)), section 203 of the out-dated financial management systems. dures, processes, and program performance, and (2) The ‘‘Audit of the Federal Housing Admin- Housing and Community Development Amend- salaries in connection with the mortgage insur- istration’s Financial Statements for Fiscal Years ments of 1978 (12 U.S.C. 1701z–11(k)), or section ance programs under title II of the National 2004 and 2003’’, conducted by the Inspector Gen- 204(a) of the Departments of Veterans Affairs Housing Act. eral of the Department of Housing and Urban and Housing and Urban Development, and (4) AFFORDABLE HOUSING FUND.—For each fis- Development reported as a material weakness Independent Agencies Appropriations Act, 1997 cal year, for an affordable housing fund avail- that ‘‘HUD/FHA’s automated data processing (12 U.S.C. 1715z–11a(a)), $5,000,000, for fiscal able for use only for grants to provide afford- [ADP] system environment must be enhanced to year 2008. able rental housing and affordable homeowner- more effectively support FHA’s business and SEC. 29. CLARIFICATION OF DISPOSITION OF ship opportunities for low-income families, the budget processes’’. CERTAIN PROPERTIES. amount remaining under this section after (3) Existing technology systems for the FHA Notwithstanding any other provision of law, amounts are made available for such fiscal year program have not been updated to meet the lat- subtitle A of title II of the Deficit Reduction Act in accordance with paragraphs (1), (2), and (3). est standards of the Mortgage Industry Stand- of 2005 (12 U.S.C. 1701z–11 note) and the amend- (b) EXCLUSION OF EARNINGS FROM THE SINGLE ards Maintenance Organization and have nu- ments made by such title shall not apply to any FAMILY MORTGAGE INSURANCE PROGRAM.—With merous deficiencies that lenders have outlined. transaction regarding a multifamily real prop- respect to a fiscal year, the negative credit sub- (4) Improvements to technology used in the erty for which— sidy determined under subsection (a) shall not FHA program will— (1) the Secretary of Housing and Urban Devel- (A) allow the FHA program to improve the include the negative credit subsidy cost for such opment has received, before the date of the en- fiscal year, if any, for mortgage insurance pro- management of the FHA portfolio, garner great- actment of such Act, written expressions of in- er efficiencies in its operations, and lower costs vided pursuant to section 203(b) of the National terest in purchasing the property from both a Housing Act. across the program; city government and the housing commission of (B) result in efficiencies and lower costs for (c) CERTIFICATION.—Subsection (a) shall not such city; be effective for a fiscal year unless the Secretary lenders participating in the program, allowing (2) after such receipt, the Secretary acquires them to better use the FHA products in extend- of Housing and Urban Development has, by rule title to the property at a foreclosure sale; and making in accordance with section 553 of title 5, ing homeownership opportunities to higher cred- (3) such city government and housing commis- it risk or lower-income families, in a sound man- United States Code (notwithstanding sub- sion have resolved a previous disagreement with sections (a)(2), (b)(B), and (d)(3) of such sec- ner. respect to the disposition of the property. (5) The Mutual Mortgage Insurance Fund option), made a determination that premiums erates without cost to the taxpayers and gen- SEC. 30. NONCOMPETITIVE SALES BY HUD TO being, or to be, charged during such fiscal year erates revenues for the Federal Government. STATES AND LOCALITIES. for mortgage insurance under title II of the Na- (b) SENSE OF CONGRESS.—It is the sense of the Subtitle A of title II of the Deficit Reduction tional Housing Act are established at the min- Congress that— Act of 2005 (Public Law 109–171; 120 Stat. 7) is imum amount sufficient to comply with the re- (1) the Secretary of Housing and Urban Devel- amended by adding at the end the following quirements of section 205(f) of such Act (relating opment should use a portion of the funds renew section: to required capital ratio for the Mutual Mort- ceived from premiums paid for FHA single fam- SEC. 2004. NONCOMPETITIVE SALES IN FISCAL gage Insurance Fund) and ensure the safety ily housing mortgage insurance that are in ex- YEAR 2011. and soundness of the other mortgage insurance cess of the amounts paid out in claims to sub- ‘‘Notwithstanding any other provision of law, funds under such Act, and any negative credit stantially increase the funding for technology the Secretary may not sell any multifamily real subsidy for such fiscal year resulting from such used in such FHA program; property through any discount sale during fis- mortgage insurance programs adequately en- (2) the goal of this investment should be to cal year 2011 under the provisions of law re- sures the efficient delivery and availability of bring the technology used in such FHA program ferred to in section 2002(a) or any multifamily such programs.

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00026 Fmt 7634 Sfmt 6333 E:\CR\FM\A18SE7.038 H18SEPT1 bajohnson on PROD1PC71 with HOUSE September 18, 2007 CONGRESSIONAL RECORD — HOUSE H10463 (d) STUDY AND REPORT.—The Secretary of may be offered only in the order print- areas, to an amount that does not exceed the Housing and Urban Development shall conduct ed in the report, except for amendment maximum dollar amount then otherwise in a study to obtain recommendations from partici- No. 2, which may be offered out of se- effect pursuant to the preceding provisions pants in the private residential mortgage lend- quence, by a Member designated in the of this subparagraph for such size residence, ing business and the secondary market for such or for such area (if applicable), by not more mortgages on how best to update and upgrade report, shall be considered read, shall than $100,000; and’’. be debatable for the time specified in procedures, processes, and technologies for the The CHAIRMAN. Pursuant to House the report, equally divided and con- mortgage insurance programs under title II of Resolution 650, the gentleman from the National Housing Act so that the policies trolled by the proponent and an oppo- California (Mr. CARDOZA) and a Member and procedures for originating, insuring, and nent, shall not be subject to amend- opposed each will control 5 minutes. servicing of such mortgages conform with those ment, and shall not be subject to a de- The Chair recognizes the gentleman customarily used by secondary market pur- mand for division of the question. chasers of residential mortgage loans. Not later from California. than the expiration of the 12-month period be- AMENDMENT NO. 2 OFFERED BY MR. CARDOZA Mr. CARDOZA. Madam Chairman, I The CHAIRMAN. It is now in order to ginning on the date of the enactment of this yield myself 21⁄2 minutes. Act, the Secretary shall submit a report to the consider amendment No. 2 printed in I rise in support of this amendment, Congress describing the progress made and to be part B of House Report 110–330. Madam Chairman. And I wish to begin made toward updating and upgrading such pro- Mr. CARDOZA. Madam Chairman, I cedures, processes, and technology, and pro- by thanking Chairman FRANK for offer an amendment. bringing this much-needed legislation viding appropriate staffing for such mortgage The CHAIRMAN. The Clerk will des- insurance programs. to the floor, and for all his efforts to ignate the amendment. SEC. 32. LIMITATION ON MORTGAGE INSURANCE help the reeling housing industry in PREMIUM INCREASES. The text of the amendment is as fol- my area, and the country in general. Notwithstanding any other provision of law, lows: As we have heard from countless including any provision of this Act and any Amendment No. 2 offered by Mr. CARDOZA: media reports, we are facing a growing amendment made by this Act— Strike line 19 on page 4 and all that follows mortgage crisis. Sadly, I represent an (1) the premiums charged for mortgage insur- through page 5, line 22, and insert the fol- ance under any program under the National lowing: area that is particularly hard hit by this crisis. The community of Stockton Housing Act may not be increased above the SEC. 3. MAXIMUM PRINCIPAL LOAN OBLIGATION. premium amounts in effect under such program Section 203(b)(2) of the National Housing has acquired the distinction of having on October 1, 2006, unless the Secretary of Hous- Act (12 U.S.C. 1709(b)(2)(A)) is amended by the highest foreclosure rate of any U.S. ing and Urban Development determines that, striking subparagraph (A) and inserting the city in the country, and there one in 20 absent such increase, insurance of additional following new subparagraph: households are in jeopardy of fore- mortgages under such program would, under the ‘‘(A) not to exceed the lesser of— closure at this time. In fact, Stockton Federal Credit Reform Act of 1990, require the ‘‘(i) in the case of a 1-family residence, 125 has had 8,000 foreclosures so far in 2007. appropriation of new budget authority to cover percent of the median 1-family house price in the costs (as such term is defined in section 502 This morning, the Modesto Bee re- the area, as determined by the Secretary; ported that central California and cen- of the Federal Credit Reform Act of 1990 (2 and in the case of a 2-, 3-, or 4-family resi- U.S.C. 661a) of such insurance; and dence, the percentage of such median price tral valley homeowners were six times (2) a premium increase pursuant to paragraph that bears the same ratio to such median more likely to be in mortgage default (1) may be made only by rule making in accord- price as the dollar amount limitation in ef- for last year than the national average. ance with the procedures under section 553 of fect for 2007 under section 305(a)(2) of the In addition, home values have plunged title 5, United States Code (notwithstanding Federal Home Loan Mortgage Corporation subsections (a)(2), (b)(B), and (d)(3) of such sec- 15 to 20 percent so far this year. Act (12 U.S.C. 1454(a)(2)) for a 2-, 3-, or 4-fam- This amendment will address this tion). ily residence, respectively, bears to the dol- SEC. 33. CIVIL MONEY PENALITIES FOR IMPROP- problem and help ameliorate the harsh lar amount limitation in effect for 2007 under effects of the credit crunch. First, the ERLY INFLUENCING APPRAISALS. such section for a 1-family residence; or Paragraph (2) of section 536(b) of the National ‘‘(ii) 175 percent of the dollar amount limi- amendment raises the FHA loan limit Housing Act (12 U.S.C. 1735f–14(b)(2)) is amend- tation in effect for 2007 under such section to the lower of, A, 125 percent of the ed— 305(a)(2) for a residence of the applicable size local median home price or, B, 175 per- (1) in subparagraph (B), by striking ‘‘or’’ at (without regard to any authority to increase cent of the national GSE conforming the end; such limitations with respect to properties (2) in subparagraph (C), by striking the period loan limit. located in Alaska, Guam, Hawaii, or the Vir- at the end and inserting ‘‘; or’’; and The biggest impact of this will be to (3) by adding at the end the following new gin Islands), except that each such maximum make FHA loans available in low- and subparagraph: dollar amount shall be adjusted effective moderately income priced home mar- ‘‘(D) in the case of an insured mortgage under January 1 of each year beginning with 2008, by adding to or subtracting from each such kets. By raising the local loan limit up title II for a 1- to 4-family residence, compen- to 125 percent of the local median home sating, instructing, inducing, coercing, or in- amount (as it may have been previously ad- timidating any person who conducts an ap- justed) a percentage thereof equal to the per- price, FHA will be able to serve cur- praisal of the property in connection with such centage increase or decrease, during the rently neglected populations and en- mortgage, or attempting to compensate, instruct, most recently completed 12-month or 4-quar- sure loans in this vast and middle-mar- induce, coerce, or intimidate such a person, for ter period ending before the time of deter- ket area. In addition, the amendment the purpose of causing the appraised value as- mining such annual adjustment, in an hous- will have the effect of serving high-cost signed to the property under the appraisal to be ing price index developed or selected by the areas as well. By raising this artificial based on any other factor other than the inde- Secretary for purposes of adjustments under this clause; cap to 175 percent of the GSE con- pendent judgment of such person exercised in forming loan limit, the amendment accordance with applicable professional stand- except that the dollar amount limitation in ards.’’. effect under this subparagraph for any size will allow FHA to serve high-cost residence for any area may not be less than areas. SEC. 34. SAVINGS PROVISION. the greater of (I) the dollar amount limita- Any mortgage insured under title II of the Na- California has some of the highest tion in effect under this section for the area tional Housing Act before the date of enactment priced real estate anywhere in the on October 21, 1998, or (II) 65 percent of the of this title shall continue to be governed by the country. This amendment, by expand- dollar amount limitation in effect for 2007 laws, regulations, orders, and terms and condi- ing FHA’s reach to high-priced areas, under such section 305(a)(2) for a residence of tions to which it was subject on the day before the applicable size, as such limitation is ad- will finally bring the benefits of FHA the date of the enactment of this Act. justed by any subsequent percentage adjust- to millions of deserving Californians. SEC. 35. IMPLEMENTATION. ments determined under clause (ii) of this In addition, there are other areas of Except as provided in section 23(b), the Sec- subparagraph; and except that, if the Sec- the country where this will have a retary of Housing and Urban Development shall retary determines that market conditions by notice establish any additional requirements monumental impact. Massachusetts, warrant such an increase, the Secretary that may be necessary to immediately carry out New York, Connecticut and other areas may, for such period as the Secretary con- the provisions of this Act. The notice shall take are all high-cost areas and will benefit siders appropriate, increase the maximum effect upon issuance. tremendously from raising the loan dollar amount limitation determined pursu- The CHAIRMAN. No further amend- ant to the preceding provisions of this sub- limit. Raising loan limits and enhanc- ment to the bill, as amended, is in paragraph with respect to any particular size ing the ability of FHA to serve cur- order except those printed in part B of or sizes of residences, or with respect to resi- rently neglected populations will have the report. Each further amendment dences located in any particular area or the effect of generating more liquidity

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\A18SE7.038 H18SEPT1 bajohnson on PROD1PC71 with HOUSE H10464 CONGRESSIONAL RECORD — HOUSE September 18, 2007 in the market and enhancing lender there is a huge problem that this imum home price, meaning that FHA confidence. This will enable more bor- amendment is trying to cover and cre- does almost no loan business in certain rowers who are facing loan resets to re- ate the shortfall that currently exists high-cost markets. Now, this will put finance their mortgages on more favor- in the program. Arguably, working FHA back in the business of insuring able terms. families in high-cost areas of the coun- loans in high-cost areas, not only in This amendment has strong support try are just the kind of underserved California, New York, Connecticut, of the National Association of Real- populations the FHA program was Massachusetts, and other areas with a tors, the National Association of Home originally intended to serve. limited FHA presence. This amend- Builders, and others on the front lines If we want to ensure that FHA is rel- ment also puts FHA in a better posi- of the housing industry. They know the evant for all those who need it, we tion to help subprime borrowers and needs of this industry, and they know must reform the program so it is avail- address temporary dislocations. that this bill will help. able to low- and moderate-income fam- Even before the recent mortgage cri- Mrs. BIGGERT. Madam Chairman, I ilies across the country, even those in sis developed, there was a bipartisan rise in opposition to the amendment. high-cost areas. consensus shared by the administra- The CHAIRMAN. The gentlewoman On August 31, the President an- tion that reformed H.R. 1852 would help from Illinois is recognized for 5 min- nounced his goal to help an estimated get FHA back in the business of mak- utes. 240,000 families avoid foreclosures by ing loans at good terms and conditions Mrs. BIGGERT. With that, I yield 4 enhancing the FHA program. Under the to borrowers that turned to predatory minutes to the gentleman from Cali- President’s plan, FHA will allow fami- loans in recent years. This amendment fornia (Mr. GARY G. MILLER). lies with strong credit histories who expands the extent to which this objec- Mr. GARY G. MILLER of California. have been making timely mortgage tive can be achieved. This is absolutely Madam Chairman, I’m rising asking for payments before their loan reset, but a great amendment, and I support it. strong support of this amendment, so are now in default, to qualify for refi- b 1300 it’s not really in opposition to the nancing. Unfortunately, without an in- Mrs. BIGGERT. Madam Chairman, I amendment. crease in the loan limits, this program This bill, and this amendment, par- recognize myself for 1 minute. will not help families in high-cost I really believe in the concept of this. ticularly, is to encourage the FHA pro- areas. I think that there are a lot of high-cost gram and products and make sure This amendment, supported by Mr. areas that will really benefit from this. they’re available across this country to FRANK, Mr. CARDOZA and myself, would I hope that this will not hurt some of help working families to achieve and make sure that families can refinance the low-cost areas; in other words, I maintain homeownership through the in the FHA products by raising the think that the administration has said FHA program. FHA single-family loan limits in each something about the fact that some of The bill we are considering here local area to the lower of 125 percent of the areas across the country would be today reforms the FHA single-family the area median home price, or 175 per- hurt and would lower, go below the mortgage insurance program so that cent of the national GSE conforming $419,000 limit. So I hope that that will we can reach working families it was loan amendments. be addressed. I see Mr. FRANK getting created to serve. I don’t think there is The amendment also gives HUD au- up. Maybe he would like to comment any question that the FHA program, as thority to raise these loan limit on that. currently structured, has not kept amounts by up to $100,000 ‘‘if market Madam Chairman, I yield back the pace. conditions warrant.’’ balance of my time. Today, FHA is no longer a useful The NAHB, National Association of Mr. CARDOZA. I yield 1 minute to product to prospective home buyers. Home Builders, has written a very the chairman of the committee, Mr. The problem is that statutory limita- strong letter in support of what we are FRANK. tions preclude the FHA from adopting trying to do. Many builders are selling Mr. FRANK of Massachusetts. a rapidly changing marketplace that homes today, and the problem they Madam Chairman, I thank the gen- we experience today. have is the person buying their home tleman, and I thank the gentlewoman As the private sector mortgage mar- cannot find financing to sell their from Illinois. She is absolutely right. If kets become more efficient, the FHA home. And this will help those people I thought this would in any way im- program’s inflexible rules and require- who are looking for financing and deal- pinge on our ability to help middle- ments left it virtually irrelevant as a ing with liquidity shortages in the and lower-income people, I would be financing option. Under the current marketplace. opposed to it. In fact, if this works as limitations, FHA products are not The National Association of Realtors we believe it will work, it will be the available for home buyers in high-cost has also written a very strong letter opposite. Because CBO has consistently areas of the country because the max- supporting what we’re trying to do scored, we haven’t had this particular imum loan limits are so much lower today. The problem they’re facing amendment scored, but prior amend- than the median home prices in that today with people in the mortgage ments that have raised the limit at area. bracket that we’re trying to deal with which the FHA can operate have been We did something very similar to in this amendment, this will go a long scored by CBO as generating a surplus, this when we did the GSE in the highway to providing liquidity and com- a positive number. That is some of the cost areas. And the only people arguing petition in the marketplace to ensure money that we are going to use. As the against raising this conforming loan that American home buyers and fami- gentlewoman knows, while there is limit to high-cost areas were those lies have the best and most opportuni- some controversy about this thing, we whose home median prices fell far ties that can be achieved through the significantly increase in this bill the lower than the median amount they marketplace through this amendment. amount for counseling, because if there were able to loan on. If your median So this is a very good amendment, and had been proper counseling, a lot of home area is 200,000 and it isn’t 435, you I would ask for an ‘‘aye’’ vote. people wouldn’t have been stuck at pre- don’t care. But in California and other Mr. CARDOZA. Madam Speaker, I prime. The counseling is aimed at peo- areas, it is quite the opposite. want to thank my colleague, Mr. MIL- ple in the lower brackets. This is part Now California’s drop in FHA vol- LER, for his kind and accurate com- of the money for it. umes have been nothing short of stun- ments. And I would like to now yield 1 I would be willing, when we get to ning. In 2000, FHA insured 109,074 mort- minute to my colleague from Cali- conference, to say, if, in any way, this gages in California, but last year it fornia (Ms. WATERS). would appear to be impinging on the only insured 5,137. In my district, FHA Ms. WATERS. I appreciate Mr. ability to do the rest of the mission, we insured 7,000 mortgages in 2000 and CARDOZA’s amendment so much be- would cut it off. But the way it is going only 80 mortgages in 2005. These figures cause it does have an important impact to work, it will, in fact, generate a sur- represent a 99 percent drop in what on high-cost markets like our home plus which we intend to use to help FHA is able to loan in these high-cost State of California. The FHA statute precisely the people whom the gentle- areas. That in and of itself states that creates an artificial cap on the max- woman refers to.

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K18SE7.045 H18SEPT1 bajohnson on PROD1PC71 with HOUSE September 18, 2007 CONGRESSIONAL RECORD — HOUSE H10465 I thank the gentleman. I appreciate that have been unfairly impacted by a The CHAIRMAN. The Clerk will des- his advocacy of this. He has been one of statutory change to HUD’s upfront ignate the amendment. those who, from California, has been mortgage insurance premium refund The text of the amendment is as fol- most vigorous in reminding us of the policy. lows: need to do it. Under the HUD program, borrowers pay an upfront mortgage insurance of Amendment No. 3 offered by Mr. GARY G. Mr. CARDOZA. Madam Chairman, in MILLER of California: 1.5 percent of their FHA loan amount, the short period of time we have re- Page 7, strike line 10 and insert the fol- maining, I just want to thank the and if they repay that loan, the bor- lowing: chairman of the Financial Services rowers may be due refunds of the pre- (2) in paragraph (9)— Committee for his leadership, my col- paid insurance. (A) by striking the paragraph leagues on the Republican side for However, back in 2005 when Congress Page 7, line 19, strike the last period and their support, particularly Mr. GARY G. passed a Consolidated Appropriations insert ‘‘; and’’. MILLER. This is important legislation Act, it included language directing Page 7, after line 19, insert the following: for our country when you live in an that, for mortgages endorsed for insur- (B) by inserting after the period at the end area where the housing prices have de- ance on or after the date of enactment, the following: ‘‘For purposes of this para- clined precipitously by 20 percent less which was December 8 of 2004, bor- graph, the Secretary shall consider as cash rowers would not be eligible for refunds or its equivalent any amounts gifted by a in a year, where you see foreclosures on their prepaid insurance. family member (as such term is defined in rampant. In my district alone, there I have heard from constituents in my section 201), the mortgagor’s employer or are probably over 20,000 such fore- district, and I am sure there are con- labor union, or a qualified homeownership closures. It is having real impacts on stituents in other districts as well, who assistance entity, but only if there is no obli- real families in my district and across closed on their mortgage prior to De- gation on the part of the mortgagor to repay America. We need to change these reg- the gift: For purposes of the preceding sen- cember 8, 2004, but regrettably have tence, the term ‘qualified homeownership as- ulations and bring help to these citi- been prevented from receiving their re- zens in need. sistance entity’ means any governmental fund because HUD did not endorse their agency or charity that has a program to pro- The CHAIRMAN. The question is on loan until after December 2004. These vide homeownership assistance to low- and the amendment offered by the gen- constituents reportedly were not ade- moderate-income families or first-time home tleman from California (Mr. CARDOZA). quately informed by their lender about buyers, or any private nonprofit organiza- The amendment was agreed to. the potential revisions to the refund tion that has such a program and evidences AMENDMENT NO. 1 OFFERED BY MR. TIERNEY policy because the lenders themselves sufficient fiscal soundness to protect the fis- The CHAIRMAN. It is now in order to were not informed by HUD of the cal integrity of the Mutual Mortgage Insur- consider amendment No. 1 printed in change until January of 2005. ance Fund by maintaining a minimum net worth of $4,000,000 of acceptable assets.’’. part B of House Report 110–330. I have heard from one family, for in- Mr. TIERNEY. Madam Chairman, I stance, who is seeking to buy a home The CHAIRMAN. Pursuant to House offer an amendment. in Gloucester, Massachusetts, and Resolution 650, the gentleman from The CHAIRMAN. The Clerk will des- found themselves harmed by this provi- California (Mr. GARY G. MILLER) and a ignate the amendment. sion. Although they seemed to do ev- Member opposed each will control 5 The text of the amendment is as fol- erything right in their own front, they minutes. lows: were closing on their loan in November The Chair recognizes the gentleman Amendment No. 1 offered by Mr. TIERNEY: 2004, the family was prevented from re- from California. Page 66, after line 25, insert the following ceiving a refund that totaled almost as Mr. GARY G. MILLER of California. new section: much as $5,000 because HUD endorsed I rise to offer an amendment to H.R. SEC. 31. MORTGAGE INSURANCE PREMIUM RE- their mortgage on December 10, 2004, 1852, the Expanding American Home- FUNDS. and their lender never informed them ownership Act of 2007. (a) AUTHORITY.—The Secretary of Housing of that consequence because, as I men- and Urban Development shall, to the extent tioned, the lender didn’t learn it until My amendment would allow qualified that amounts are made available pursuant to December 2005. It certainly seems that down payment assistance providers to subsection (c), provide refunds of unearned participate in the FHA program if cer- premium charges paid, at the time of insur- it was an unintended consequence of the provisions in the Consolidated Ap- tain conditions are satisfied to ensure ance, for mortgage insurance under title II of that the down payment assistance pro- the National Housing Act (12 U.S.C. 1707 et propriations Act of 2005. seq.) to or on behalf of mortgagors under Also worth noting is that in response gram is legitimate and that the gift mortgages described in subsection (b). to a letter that was sent by Chairman that is provided to the homeowner and (b) ELIGIBLE MORTGAGES.—A mortgage de- FRANK and me to the HUD Secretary, the home buyer is truly a gift. scribed in this section is a mortgage on a Alphonso Jackson, it was indicated in One of the primary barriers for many one- to four-family dwelling that— his letter that he did not support the Americans to achieving the dream of (1) was insured under title II of the Na- changes to the refund policy in their homeownership is the lack of accumu- tional Housing Act (12 U.S.C. 1707 et seq.); Consolidated Appropriations Act of lated wealth and disposable income re- (2) is otherwise eligible, under the last sentence of subparagraph (A) of section 203(c)(2) 2005. quired to come up with the down pay- of such Act (12 U.S.C. 1709(c)(2)(A)), for a re- This amendment makes a meaningful ment and closing costs needed to pur- fund of all unearned premium charges paid first step toward helping certain eligi- chase a home. While they can afford on the mortgage pursuant to such subpara- ble borrowers, many of whom are low- monthly payments, some families have graph, except that the mortgage— income families who have played by not been able to accumulate enough to (A) was closed before December 8, 2004; and the rules in pursuing their dreams of cover down payment and closing costs. (B) was endorsed on or after such date. homeownership. Fortunately, some charitable organi- (c) AUTHORIZATION OF APPROPRIATIONS.— Madam Chairman, I urge my col- zations have developed programs to There is authorized to be appropriated for leagues to support this amendment. each fiscal year such sums as may be nec- I yield back the balance of my time. help provide down payments to fami- essary to provide refunds of unearned mort- The CHAIRMAN. The question is on lies that would qualify for the mortgage insurance premiums pursuant to this the amendment offered by the gen- gage for the FHA program but for the section. tleman from Massachusetts (Mr. lack of cash for a down payment. These The CHAIRMAN. Pursuant to House TIERNEY). down payment assistance programs Resolution 650, the gentleman from The amendment was agreed to. have been successful in expanding Massachusetts (Mr. TIERNEY) and a AMENDMENT 3 OFFERED BY MR. GARY G. MILLER homeownership opportunity for mil- Member opposed each will control 5 OF CALIFORNIA lions of families. The private sector has minutes. The CHAIRMAN. It is now in order to been working without government The Chair recognizes the gentleman consider amendment No. 3 printed in intervention to assist individuals and from Massachusetts. part B of House Report 110–330. families who lack the necessary funds Mr. TIERNEY. Madam Chairman, Mr. GARY G. MILLER of California. for down payments and other related this amendment seeks to assist those Madam Chairman, I offer an amend- costs become home buyers. In fact, individuals who are eligible borrowers ment. Congress looked at the success of these

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K18SE7.047 H18SEPT1 bajohnson on PROD1PC71 with HOUSE H10466 CONGRESSIONAL RECORD — HOUSE September 18, 2007 programs when it created the Amer- inflated appraisals, which was a key ar- gitimate helping hand from these char- ican Dream Downpayment Act, a gov- gument HUD used against the down itable entities. ernment program passed in 2003 to pro- payment assistance programs. My Madam Chairman, I ask for an ‘‘aye’’ vide up to $10,000 in down payment and amendment builds on this provision vote on the amendment. closing cost assistance to first-time and says that down payment assistance I reserve the balance of my time. home buyers. providers may participate in FHA so Mr. FRANK of Massachusetts. Similarly, H.R. 1852, the bill you are long as the down payment they are of- Madam Chairman, I rise to seek the reviewing today, authorizes HUD to fering is truly a gift; in other words, time to discuss this, with a certain am- allow zero down payment FHA loans that it reduces the amount owed on the biguity as to my position. for home buyers who could not other- home. My amendment also imposes a The CHAIRMAN. Is the gentleman wise make the down payment required net worth requirement on such pro- opposed to the amendment? under the FHA rule. viders to alleviate the quality and Mr. FRANK of Massachusetts. To two In the past, HUD has permitted the quantity involved within the activity. aspects of it, yes, Madam Chair. use of charitable down payment assist- This provision specifically responds to The CHAIRMAN. The gentleman is ance programs in conjunction with HUD’s complaints regarding the pleth- recognized for 5 minutes. FHA insured loans. Recently, however, ora of small, fly-by-night operators Mr. FRANK of Massachusetts. I yield HUD issued a proposed rule that would that open up and that close down on a to the gentlewoman from California effectively eliminate many legitimate regular basis to avoid regulatory scru- such time as she may consume. down payment assistance providers tiny. Many of these groups are starting b 1315 from assisting in FHA programs. business one day, getting involved in We are hearing that just last week things they should not, and closing Ms. WATERS. Madam Chairman, I HUD sent a rule over to OMB for final down immediately. hope that our chairman didn’t confuse approval. I am very concerned about These three improvements to the you with that convoluted definition of the impact of this proposed rule on current situation, number one, prohib- what the time is that we are claiming. homeownership in our country. iting inflated appraisals; two, ensuring Madam Chairman, I am in strong Rather than going too far by elimi- DPA providers offer an actual gift; and support of this amendment. As a mat- nating all down payment assistance three, imposing a net worth require- ter of fact, I would like to take this providers, all that is really needed is a ment, will weed out the bad actors moment to commend and thank my reasonable and fair criteria by which while not prohibiting all down pay- colleague, Mr. MILLER, for the work these programs can continue to operate ment assistance providers from partici- that he has done in helping other Mem- while also protecting the FHA insur- pating in FHA, as the HUD proposal bers to understand what this is all ance fund. If there are legitimate prob- would have done. about. lems that have been identified by HUD, With limited resources at the Federal I can recall when we had the hearing then we should absolutely fix these level, Congress viewed the American and everybody said, well, this is such a problems. In fact, the full House has Dream Downpayment Act as a com- wonderful idea. As a matter of fact, all agreed that we should strengthen the plement, rather than a replacement, to of us voted for the American Dream rules for down payment assistance pro- the tremendous work down payment Down Payment Act on both sides of the viders rather than eliminate them assistance providers were already doing aisle. We can’t understand why there completely from the FHA program. to help build communities. There are would be any questions or any prob- In July, the House unanimously simply not enough resources at the lems about the way that there is as- passed an amendment I offered with Federal level to do this alone. sistance being given to would-be home- Housing and Community Opportunity To address HUD’s concerns, we owners by organizations such as the Subcommittee Chairman WATERS and should implement the same under- ones who were presented to us on that Representative AL GREEN to the Trans- writing criteria that would be used on day of the hearing. So because of his portation-HUD appropriations bill, the new zero down payment program expertise and his understanding and his which prohibited HUD from taking any within FHA and what HUD already appreciation, he has helped us all to action to issue its final rule or other- uses on the American Dream Downpay- come together, and it has support on wise implement all or any part of the ment Act. both sides of the aisle. proposed rule. If we have come up with a reasonable As was mentioned, the amendment The amendment prevented HUD from system of underwriting to give Federal would allow qualified down payment finalizing or implementing the rule to dollars to assist a family in buying a assistance providers to participate in end participation of down payment as- home, then we can certainly use the an FHA program if certain conditions sistance providers in the FHA program. same criteria to allow the private sec- are satisfied, that is, no obligation for Our argument, then, was that HUD’s tor to put forth people and moneys in the mortgagor to repay and net worth proposal was too harsh a step and we these programs to allow people to own requirement. would work to include language in the their homes. The Secretary shall consider as cash FHA bill to fix the problems that HUD If FHA can offer a zero down pay- or its equivalent any amounts gifted by has identified with some down payment ment loan under a given underwriting a family member, the mortgagor’s em- assistance providers. criteria, as proposed by this bill, then ployer or labor union, or a qualified This is what my amendment before the private sector down payment as- homeownership assistance entity, but you today seeks to do. The amendment sistance programs should also cer- only if there is no obligation on the I offer today is a followup on our work tainly be subject to this same criteria. part of the mortgagor to repay the gift. during the THUD bill to put the brakes To eliminate the possibility for a I rise in support of this amendment. on the HUD rule and instead address million families to own a home It is a major step in the direction of the problem HUD has identified with through down payment assistance pro- capturing the benefits of down pay- certain down payment assistance providers but allow them to use the Fed- ment assistance programs to over 1 viders. This amendment would put the eral Government for a down payment million households since 1999, many of controls in place to weed out the bad grant seems contradictory. If it works them FHA-insured borrowers, while actors while allowing those who help for the Federal program, then it should safeguarding against bad actors in the millions become homeowners continue work for the private sector alternative, field. The minimum capitalization re- to do the good work they are doing. as well. quirement will protect borrowers from Unlike the HUD rule, my amendment My amendment addresses the prob- fly-by-night operations, which the ex- would preserve the down payment as- lems with certain down payment as- plicit prohibition against requiring resistance programs’ participation in sistance providers that HUD has identi- payment of such assistance by the bor- FHA while ensuring they are legiti- fied. Rather than eliminating all pro- rower will ensure that the benefit is in- mate and helpful to the home buyers. viders, as the HUD rule attempts to do, deed a gift. As you know, H.R. 1582 already in- it puts the protections in place to en- Equally important, the additional cludes language to end the practice of sure the home buyers are getting a le- measures to ensure the legitimacy of

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K18SE7.051 H18SEPT1 bajohnson on PROD1PC71 with HOUSE September 18, 2007 CONGRESSIONAL RECORD — HOUSE H10467 appraisals in FHA-insured transactions The CHAIRMAN. Pursuant to House ited to fixed foundation, would the gen- contained in H.R. 1852 and the man- Resolution 650, the gentleman from tleman from New York have any objec- ager’s amendment to the bill will help New York (Mr. BISHOP) and a Member tion to that? safeguard the entire progress. Inflated opposed each will control 5 minutes. And I will yield to him. appraisals undercut the legitimacy of The Chair recognizes the gentleman Mr. BISHOP of New York. I would seller-financed down payment assist- from New York. have no objection. In fact, I would wel- ance. Mr. BISHOP of New York. Madam come it. Down payment assistance that is re- Chairman, let me start by thanking Mr. FRANK of Massachusetts. paid from a seller’s proceeds that de- both Chairman FRANK and Chairwoman Madam Chairman, in the face of that rive from a borrower’s ability to get a WATERS and their staffs for working degree of reasonableness, I withdraw loan based on an inflated appraisal is with us on this amendment. my opposition. no gift at all to the borrower. H.R. 1852 Very simply, my amendment would I yield back the balance of my time. cracks down on such schemes, while make it easier for those who owned The CHAIRMAN. The question is on preserving the field for legitimate fixed-foundation homes on leased land the amendment offered by the gen- down payment programs. Accordingly, to receive a reverse mortgage. Current tleman from New York (Mr. BISHOP). The amendment was agreed to. I urge my colleagues to support this law allows seniors who own fixed-foun- amendment. dation homes on leased land to receive AMENDMENT NO. 5 OFFERED BY MR. HENSARLING Mr. GARY G. MILLER of California. a reverse mortgage only if the lease is The CHAIRMAN. It is now in order to Madam Chairman, I want to thank for a term of not less than 99 years or consider amendment No. 5 printed in part B of House Report 110–330. MAXINE WATERS for her kind com- if the lease is for a period of not less Mr. HENSARLING. Madam Chair- ments. I remember when we were de- than 10 years beyond the maturity of man, I offer an amendment. the mortgage. While this language cov- bating the American Dream Down Pay- The CHAIRMAN. The Clerk will des- ers some seniors, many elderly Ameri- ment Assistance Act, and we used the ignate the amendment. private sector down payment assist- cans who own a permanent-foundation The text of the amendment is as fol- ance program as the tool and the argu- home in a senior community where the lows: ment to expand upon and have govern- land is leased are not covered by either Amendment No. 5 offered by Mr. ment also get involved. These private of these two categories of leases. HENSARLING: sector groups have put over 1 million My amendment would remove the Page 64, strike lines 6 through 13. people in homes that could not other- provision in the bill that allows for a The CHAIRMAN. Pursuant to House wise be in homes. reverse mortgage if the lease term is Resolution 650, the gentleman from This continues a program that has for 10 years beyond the maturity of the Texas (Mr. HENSARLING) and a Member worked very well and eliminates the mortgage and replace it with language opposed each will control 5 minutes. bad actors that HUD is talking about. that both clarifies and expands eligi- The Chair recognizes the gentleman I think if this is implemented, this bill bility. Specifically, my amendment from Texas. will be a very strong bill, and I ask for would broaden eligibility to seniors Mr. HENSARLING. Madam Chair- an ‘‘aye’’ vote. who have a lease term that ends no man, I yield myself such time as I may Madam Chairman, I yield back the earlier than a minimum number of consume. balance of my time. years beyond their actuarial life ex- Madam Chairman, recently the Dem- Mr. FRANK of Massachusetts. pectancy. ocrat majority in this institution Madam Chairman, I claimed the time This amendment is a commonsense sought to create yet another new gov- in opposition, but having listened to solution to a problem that affects ernment housing program, the Afford- my two very persuasive colleagues, I many seniors, both in my district and able Housing Fund. This is on top of have been converted and I now support across the country; and I urge its adop- the roughly 80 other programs that this amendment. tion. HUD administers for Housing and Madam Chairman, I yield back the Madam Chairman, I reserve the bal- Urban Development. So, Madam Chair- balance of my time. ance of my time. man, we are being asked today in the The CHAIRMAN. The question is on Mr. FRANK of Massachusetts. underlying bill to fund a new program, the amendment offered by the gen- Madam Chairman, I claim the time in without terminating any of the other tleman from California (Mr. GARY G. opposition. 80-some-odd programs that are pres- MILLER). The CHAIRMAN. The gentleman is ently on the books; although many The amendment was agreed to. recognized for 5 minutes. have already achieved their mission, AMENDMENT NO. 4 OFFERED BY MR. BISHOP OF Mr. FRANK of Massachusetts. many are ineffective, many are dupli- NEW YORK Madam Chairman, I did want to ask a cative and many are quite costly. The CHAIRMAN. It is now in order to question of the gentleman from New Madam Chairman, the so-called Af- consider amendment No. 4 printed in York. I have a concern about his fordable Housing Fund, as designed, part B of House Report 110–330. amendment, only because it does not will grant moneys to States for a vari- Mr. BISHOP of New York. Madam seem to me to go far enough. ety of purposes. I know that the pur- Chairman, I offer an amendment. One of the things we have tried very poses are noble, but many of us believe The CHAIRMAN. The Clerk will des- hard to do in our committee is to end that, unfortunately, this could become ignate the amendment. what has been a kind of discrimination a de facto housing slush fund. The text of the amendment is as fol- against manufactured housing, because I furthermore note, as moneys are lows: if we are going to get to more people handed to the States, almost every Amendment No. 4 offered by Mr. BISHOP of being able to own homes without get- State in our Union is presently running New York: ting into a subprime type of situation a surplus, yet we regrettably know the Page 35, after line 24, insert the following: where people are induced to borrow Federal Government continues to run a (2) in subsection (b)(4), by striking sub- more than they should, manufactured deficit. So how much sense does this paragraph (B) and inserting the following housing should be part of it. new subparagraph: make? ‘‘(B) under a lease that has a term that The gentleman’s amendment is prop- For those who tell us that the Fed- ends no earlier than the minimum number of erly, from his standpoint, addressed to eral housing function is underfunded, I years, as specified by the Secretary, beyond a situation in his own district where might note that according to OMB, in the actuarial life expectancy of the mort- fixed-foundation housing is involved. a little over 10 years we have gone from gagor or comortgagor, whichever is the later But my question here would be, and I $15.4 billion to $30 billion, roughly dou- date.’’. realize it is under the rule not possible ble. That rate is higher than the in- Page 35, line 25, strike ‘‘(2)’’ and insert to change the amendment now, but I crease in veterans spending, education ‘‘(3)’’. Page 36, line 7, strike ‘‘(3)’’ and insert would have this question: If his amend- spending, energy spending, transpor- ‘‘(4)’’. ment would be adopted, if as the proc- tation spending, international affairs, Page 36, line 9, strike ‘‘(4)’’ and insert ess went forward some of us were able and even Social Security over the same ‘‘(5)’’. to work to expand this so it wasn’t lim- period.

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K18SE7.052 H18SEPT1 bajohnson on PROD1PC71 with HOUSE H10468 CONGRESSIONAL RECORD — HOUSE September 18, 2007 Although the House has passed this cause we give people billions of dollars Madam Chairman, I reserve the bal- ill-conceived program, there has been to rent apartments in a way that does ance of my time. no Senate action. The President has not lead to any construction. Mr. HENSARLING. Madam Chair- signed no bill. So we are being asked, This tries to make it a more balanced man, I yield 11⁄2 minutes to the gen- Madam Chairman, to fund a program program. This and the GSE bill take tleman from California (Mr. ROYCE). that doesn’t even exist, when hard- money to begin the process of con- Mr. ROYCE. Madam Chairman, I rise working Americans can’t even fund the structing affordable housing, which in in support of this amendment, and I roughly 10,000 Federal programs that the end could save us money, because rise in opposition to the financing of an are already on the books. it will then say that the rental levels affordable housing fund. My amendment is a simple one. It which section 8 is driving up will no I don’t believe that this fund should would remove this funding mechanism longer be driven up. be included in legislation to update and in this bill for the so-called Affordable The gentleman says it is going to be improve the Federal Housing Adminis- Housing Fund. The funding mechanism a tax on the FHA. In fact, I hope the tration. I hope my colleagues will join shouldn’t be in this bill. It has nothing gentleman, given his concern about a me in opposing the underlying bill if to do with fundamentally reforming tax on the people who get mortgage in- this provision is included in the legis- FHA. And the bill siphons money from surance from the FHA, will vote lation. In 2005, I offered an amendment in the FHA through what I believe and against the amendment to be offered the Committee on Financial Services many of us believe to be a back-door by the gentlewoman from Illinois, be- to strike the creation of an affordable tax on the FHA premiums paid by 4.8 cause in this bill, unlike the gentle- housing fund. Part of this is philo- million families that are using FHA in- woman’s amendment, we have very sophical, but ideas have consequences surance. It does this by diverting part tough restrictions on HUD’s ability to and bad ideas have bad consequences in of the increase from a negative credit raise the FHA fund unless it is nec- the long run. As I said 2 years ago, this subsidy. essary for solvency. fund is straight out of central planning To try to speak English here, it ap- In a bipartisan basis last year, we 101. It should not be supported by this pears that people are overpaying their wrote to them and we did it in the appropriations bill, because HUD was body. premiums. If so, maybe that money I think by now we should be able to ought to go back to the people who being told by OMB, not HUD, HUD made it very clear, this was an OMB di- agree that government housing grants paid the premiums in the first place. rective, raise the FHA fees because do little to increase homeownership I know the creation of the fund has levels in this country. If these funds been a long-time goal for Chairman FHA isn’t contributing enough to the budget. must be derived, they should be geared FRANK. I appreciate his sincerity, and I We put into our bill’s restrictions, we towards ensuring that the FHA re- appreciate the nobility of his purpose have a restriction in our bill on the mains solvent rather than supporting and his ideological consistency. But amount that can be charged for home an experiment in socialism here. the fact remains that this is a back- equity mortgages by the originators. It Furthermore, this fund could not be door tax on low- and moderate-income is not in the gentlewoman from Illi- proposed at a worse time, as we see the Americans who use FHA. nois’s amendment. We put caps on the current spike in foreclosures in the This funding provision is unneces- FHA. So exactly the opposite is the subprime mortgage market, many of sary, it is unwise, it is unsound. The case. And as far as this is concerned, which are backed by the Federal Hous- money ought to go back to the people the bill specifically says that no money ing Administration. Homeownership who paid it. And if that is not the will can go to the Housing Trust Fund until rates improve when real interest rates of the House, it should at least, at the HUD Secretary has certified that are low and when consumer incomes least, be used for those who paid the the fund will be totally solvent and are rising, are going up. I believe free premiums in the first place. this will not endanger it. market policies are the most effective Madam Chairman, I reserve the bal- The money that would go to afford- way to generate those results, creeping ance of my time. able housing does not come from rais- towards socialism will not. This fund Mr. FRANK of Massachusetts. ing anybody’s fee. It comes from an in- will waste resources and provide false Madam Chairman, I rise to sincerely crease in volume. We capped the fees. I hope for those who wish to increase seek time in opposition. want to emphasize this. In the bill that homeownership. The CHAIRMAN. The gentleman is we have, as opposed to the gentle- Mr. FRANK of Massachusetts. recognized for 5 minutes. woman from Illinois’s substitute, there Madam Chairman, I yield myself 30 Mr. FRANK of Massachusetts. Thank are two separate restrictions on FHA’s seconds to say that I appreciate the you, Madam Chairman. ability to raise fees that she doesn’t candor of the gentleman from Cali- We have been debating this. It is a le- have. fornia. He is against Federal programs gitimate issue. We debated it when the What we do is the law now says FHA that help build affordable housing; I gentleman from Georgia offered a can only do 65,000 home equity reverse understand that. By the way, this is version of it in the appropriations bill. mortgages a year. We say, no, there is not, of course, the old forms of public We debated it previously. We debated a no reason for that limit. We say do as housing. This is going to be a private similar argument when we had the many as the market will bear, with a corporation. GSE bill. restriction on what can be charged. But I would say to my friends on the The gentleman says there are 80 HUD That is what generates the money. It other side, I don’t think that you can programs and HUD money has gone up. is an increase in volume at a lower argue both that we already have The major reason the HUD funding has price to the consumer that generates enough programs to do this and that gone up, the single biggest one, has the money; and if that increased vol- we shouldn’t have any at all. In fact, been in the section 8 rental program. ume and the lower price to the con- we do not now have programs that help There is a problem with section 8. Sec- sumer results in there being a surplus build family affordable housing. We tion 8 adds equity. But the current sec- that we can spend to build rental hous- think in cooperation with the private tion 8 program provides rental assisting, as long as HUD certifies that that sector, and the gentleman mentions ance for one year at a time. No one can would not in any way require any in- the market, every private market enti- build affordable housing based on an crease in the FHA, we say, go ahead. ty, the Realtors, the home builders annual grant. So what section 8 does, who are involved in construction in the while it does provide some equity and I b 1330 private market, support the creation of have been supportive of it, it increases As to affordable housing, there is a the housing fund. the demand for housing without in- severe crisis in rental housing in this Mr. HENSARLING. Madam Chair- creasing the supply. country, and you had some of the peo- man, either there is a surplus or there So in the current formation of Fed- ple pushed into subprime situations be- is not a surplus. It is really that sim- eral policies, the Federal Government cause there wasn’t enough rental hous- ple. So now the question is if there is a puts upward pressure on rentals in the ing. We think the Affordable Housing surplus, what do you do with it. We be- moderate- and low-income areas, be- Trust Fund helps deal with that. lieve that surplus ought to go back to

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K18SE7.056 H18SEPT1 bajohnson on PROD1PC71 with HOUSE September 18, 2007 CONGRESSIONAL RECORD — HOUSE H10469 the people who paid for it in the first Page 18, strike lines 20 through 22 and in- derstand the importance of home- place. And if it is not going to go back sert the following: ownership, the responsibilities of to them, it ought to serve them and it ‘‘(i) REQUIREMENT.—The Secretary shall re- homeownership. Madam Chairman, it quire that the mortgagor shall’’. is important because if we are going to should ensure the solvency of this pro- Page 19, strike lines 4 through 5 and insert gram, since we know Uncle Sam’s the following: take a bite out of this problem, and a track record on just about every other ‘‘(I) prior to closing for the loan involved bite is all this does today with this Federal insurance program is terrible. in the mortgage;’’. amendment because it only deals with This should ensure the solvency of the The CHAIRMAN. Pursuant to House those two types of borrowers, we need program. Resolution 650, the gentleman from to make sure that every single bor- We do not need a funding mechanism Ohio (Mr. TIBERI) and a Member op- rower who is applying for a home under for another housing program that does posed each will control 5 minutes. these two circumstances get all of the not exist on top of the 90, many of The Chair recognizes the gentleman education that they need and deserve. which are not working. from Ohio. So I urge the adoption of this amend- Madam Chairman, I yield back the Mr. TIBERI. Madam Chairman, I ment. This is about empowering con- balance of my time. yield myself such time as I may consumers, and I hope the House supports Mr. FRANK of Massachusetts. sume. the amendment. Madam Chairman, I congratulate the I would like to thank Chairman Madam Chairman, I reserve the bal- gentleman’s dexterity, on his ability to FRANK and Chairman WATERS for their ance of my time. go 180 degrees opposite on his argu- leadership on these issues. For the, last Mrs. BIGGERT. Madam Chairman, I claim the time in opposition. ment mid-amendment. 6 years I had an opportunity to work The CHAIRMAN. The gentlewoman He started out saying we can’t do with both in the Committee on Finan- from Illinois is recognized for 5 min- this because it will jeopardize the FHA. cial Services and Housing Sub- We point out that in the bill that utes. committee on very important issues. Mrs. BIGGERT. Madam Chairman, I couldn’t happen. This bill says this Unfortunately, I am no longer on the money cannot be used if it would in have some concerns about what we committee but the issues are still very would call unintended consequences. I any way jeopardize an FHA situation. important to me. So he says okay, let’s take the surplus am a big supporter of financial lit- This amendment today is about em- eracy, and I chair the caucus. It is so and put it into the regular budget. powering home buyers. It would re- That is a debate. Do we take surplus important home buyers know what quire the Secretary of Housing and they are getting into, and I think that and put it into the budget to detract Urban Development to ensure high-risk from other spending? I don’t think so. counseling is very important. I think borrowers and borrowers who are ap- that if we have an educated home I guess the question is this. If you take plying for zero down-payment loans to out an FHA mortgage and get mort- buyer, we might not see so many of receive housing counsel. Under the cur- these foreclosures or near foreclosures gage insurance, and if our bill doesn’t rent bill, the language allows the Sec- or bankruptcy with the counseling. pass, this administration will raise retary to provide counseling; this re- My concern is the mandatory coun- that fee to make more money, should quires it. seling for FHA, and only because of that go to the war in Iraq and for con- Madam Chairman, as a former Real- something that has happened in Illi- tractors in Iraq who are wasting tor, I have seen firsthand the benefits, nois, that happened in Chicago when money? Or should it go to build afford- the joys, the importance of home- this mandatory counseling was put in able housing in our cities, because that ownership in America. However, given for FHA mortgages. is where the money is going. The the current environment in our coun- What happened was that the lenders money is not going to reduce the def- try, we need to make sure that there withdrew from the area. It was put in icit; it is going to be wasted elsewhere. are safeguards put in place to protect first by a ZIP Code in the city of Chi- What we say is this. We should be homeowners to ensure fiscal respon- cago and then put in for all of Cook building affordable housing. Some sible homeownership and guard against County. The lenders withdrew from the Members say don’t give money to the further default, bankruptcy and loss of area so there were no mortgages or States. No, I think that is a very good home. very few available for those in that way to go. I think the States and the Buying a house today arguably is the area because they weren’t able to get localities are best able to respond, and most important and biggest invest- the counseling that was needed in time I hope the amendment is defeated. ment in a person’s life. Counseling, I to get the mortgages. The CHAIRMAN. The question is on have found, plays a very important role It takes time for counseling, and I the amendment offered by the gen- in empowering consumers, leveling the know that you put in, and I think this tleman from Texas (Mr. HENSARLING). playing field, and making sure they would help, is that people could get The question was taken; and the have all of the right information to go counseling on the Internet. I think it is Chairman announced that the noes ap- into owning their own home. a very important thing. I just worry peared to have it. In the past year, Ohio, California, about when it is mandatory that we are Mr. HENSARLING. Madam Chair- Florida, Michigan and Georgia have going to have less availability of FHA man, I demand a recorded vote. comprised over half of our Nation’s involvement than when it is discre- The CHAIRMAN. Pursuant to clause foreclosed homes. Recently Ohio, under tionary as in the bill. 6 of rule XVIII, further proceedings on the leadership of Governor Strickland, I think that it makes FHA less at- the amendment offered by the gen- established the Ohio Foreclosure Pre- tractive. If you are a prospective home tleman from Texas will be postponed. vention Task Force, which is com- buyer and one lender, a non-FHA, of- AMENDMENT NO. 6 OFFERED BY MR. TIBERI prised of various advocates and people fers to put you into a mortgage that The CHAIRMAN. It is now in order to in the housing community throughout day while the FHA loan requires you to consider amendment No. 6 printed in the State. go through a counseling course, which part B of House Report 110–330. In their report, they listed seven rec- will you pick? People will leave FHA, Mr. TIBERI. Madam Chairman, I ommendations. One of those rec- and we don’t want that to happen. I offer an amendment. ommendations was to focus on expand- know it is important that we have The CHAIRMAN. The Clerk will des- ing housing counseling services and counseling and get people into this ignate the amendment. making it available to everyone. type of loan. The whole thing is, FHA The text of the amendment is as fol- This amendment today only deals is much better than the more exotic lows: with two classes of borrowers: high- subprime loans, and that is the whole Amendment No. 6 offered by Mr. TIBERI: risk borrowers and those who are ap- focus of this bill. I would hope that we Page 17, strike lines 3 through 16 and insert the following: plying for zero-down loans under this can promote FHA, and I hope as this ‘‘(I) AT APPLICATION.—At the time of appli- legislation. amendment moves forward, we can cation for the loan involved in the mortgage, I believe it is very, very important, take a look at. a list of counseling agencies, approved by the critically important, Madam Chair- Mr. FRANK of Massachusetts. Will Secretary, in the area of the applicant.’’. man, to make sure these borrowers un- the gentlewoman yield?

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K18SE7.057 H18SEPT1 bajohnson on PROD1PC71 with HOUSE H10470 CONGRESSIONAL RECORD — HOUSE September 18, 2007 Mrs. BIGGERT. I yield to the gen- Amendment No. 7 offered by Mrs. BIGGERT: SEC. 3. MAXIMUM PRINCIPAL LOAN OBLIGATION. tleman from Massachusetts. Strike all after the enacting clause and in- Paragraph (2) of section 203(b) of the Na- Mr. FRANK of Massachusetts. I sert the following: tional Housing Act (12 U.S.C. 1709(b)(2)) is would say to my friend from Ohio, and SECTION 1. SHORT TITLE AND TABLE OF CON- amended— we have worked together on a lot of TENTS. (1) by striking subparagraphs (A) and (B) (a) SHORT TITLE.—This Act may be cited as and inserting the following new subpara- things, I understand his purpose is a graphs: good one, but I share some of the con- the ‘‘Expanding American Homeownership Act of 2007’’. ‘‘(A) not to exceed the lesser of— cerns of the gentlewoman from Illinois. (b) TABLE OF CONTENTS.—The table of con- ‘‘(i) in the case of a 1-family residence, the I hope the gentleman understands tents for this Act is as follows: median 1-family house price in the area, as that if this becomes part of the bill, as determined by the Secretary; and in the case Sec. 1. Short title and table of contents. of a 2-, 3-, or 4-family residence, the percent- I believe it will, we haven’t had a Sec. 2. Findings and purposes. chance to consult with the FHA. We age of such median price that bears the same Sec. 3. Maximum principal loan obligation. ratio to such median price as the dollar would like their advice. We could wind Sec. 4. Extension of mortgage term. up strengthening the urging but allow amount limitation in effect under section Sec. 5. Cash investment requirement. 305(a)(2) of the Federal Home Loan Mortgage for some exceptions. I would hope as we Sec. 6. Temporary reinstatement of down- Corporation Act (12 U.S.C. 1454(a)(2)) for a 2- went forward the gentleman could payment requirement in event , 3-, or 4-family residence, respectively, bears work with us on doing that. of increased defaults. to the dollar amount limitation in effect Mr. TIBERI. Would the gentlewoman Sec. 7. Mortgage insurance premiums. under such section for a 1-family residence; yield? Sec. 8. Rehabilitation loans. or Mrs. BIGGERT. I yield to the gen- Sec. 9. Discretionary action. ‘‘(ii) the dollar amount limitation deter- tleman from Ohio. Sec. 10. Insurance of condominiums. mined under such section 305(a)(2) for a resi- Mr. TIBERI. Yes, I think we can take Sec. 11. Mutual Mortgage Insurance Fund. dence of the applicable size; a look at the best of what is happening Sec. 12. Hawaiian home lands and Indian except that the dollar amount limitation in reservations. in Ohio right now. We are doing some effect for any area under this subparagraph Sec. 13. Conforming and technical amend- may not be less than the greater of (I) the pretty innovative things. I am sure in ments. dollar amount limitation in effect under this Massachusetts and Illinois there is Sec. 14. Home equity conversion mortgages. section for the area on October 21, 1998, or some innovation going on as well. Sec. 15. Conforming loan limit in disaster (II) 65 percent of the dollar limitation deter- The intent at the end of the day is to areas. mined under such section 305(a)(2) for a resi- help the borrower and level the playing Sec. 16. Participation of mortgage brokers dence of the applicable size; and field. And so yes, I would be happy to and correspondent lenders. ‘‘(B) not to exceed the appraised value of work with the committee. Sec. 17. Sense of Congress regarding tech- the property, plus any initial service Mr. FRANK of Massachusetts. If the nology for financial systems. charges, appraisal, inspection and other fees gentlewoman would continue to yield, Sec. 18. Savings provision. in connection with the mortgage as approved there are some differences that we have Sec. 19. Implementation. by the Secretary.’’; SEC. 2. FINDINGS AND PURPOSES. (2) in the matter after and below subpara- of an ideological sort. There are a lot graph (B), by striking the second sentence of general areas of agreement. Mr. (a) FINDINGS.—The Congress finds that— (1) one of the primary missions of the Fed- (relating to a definition of ‘‘average closing Montgomery, the head of the FHA, has eral Housing Administration (FHA) single cost’’) and all that follows through ‘‘title 38, been, I think, a responsible and family mortgage insurance program is to United States Code’’; and thoughtful administrator of the pro- reach borrowers who are underserved, or not (3) by striking the last undesignated para- gram. We have a common interest in served, by the existing conventional mort- graph (relating to counseling with respect to this, and I would look forward to hav- gage marketplace; the responsibilities and financial manage- ing him in on this conversation with (2) the FHA program has a long history of ment involved in homeownership). us, and I think we can move in that di- innovation, which includes pioneering the 30- SEC. 4. EXTENSION OF MORTGAGE TERM. Paragraph (3) of section 203(b) of the Na- rection with some of the flexibility year self-amortizing mortgage and a safe-to- seniors reverse mortgage product, both of tional Housing Act (12 U.S.C. 1709(b)(3)) is that the gentlewoman asked for. which were once thought too risky to private amended— Mrs. BIGGERT. Madam Chairman, lenders; (1) by striking ‘‘thirty-five years’’ and in- with that, I withdraw my objection, (3) the FHA single family mortgage insur- serting ‘‘forty years’’; and and I yield back the balance of my ance program traditionally has been a major (2) by striking ‘‘(or thirty years if such time. provider of mortgage insurance for home mortgage is not approved for insurance prior Mr. TIBERI. Madam Chairman, I purchases; to construction)’’. yield myself the balance of my time. (4) the FHA mortgage insurance premium SEC. 5. CASH INVESTMENT REQUIREMENT. I thank the chairman and the gentle- structure, as well as FHA’s product offer- Paragraph (9) of section 203(b) of the Na- woman from Illinois. Just a point of ings, should be revised to reflect FHA’s en- tional Housing Act (12 U.S.C. 1709(b)(9)) is clarification: Some of the things that hanced ability to determine risk at the loan amended by striking the paragraph designa- level and to allow FHA to better respond to are happening now in Ohio is you have tion and all that follows through ‘‘Provided changes in the mortgage market; further, That for’’ and inserting the fol- online counseling that is taking place (5) during past recessions, including the lowing: for people that don’t have access oil-patch downturns in the mid-1980s, FHA ‘‘(9) Be executed by a mortgagor who shall maybe in person to a counselor. So remained a viable credit enhancer and was have paid on account of the property, in cash there is room to grow here, Chairman therefore instrumental in preventing a more or its equivalent, an amount, if any, as the FRANK and Mrs. BIGGERT. catastrophic collapse in housing markets Secretary may determine based on factors I think we have an opportunity to and a greater loss of homeowner equity; and determined by the Secretary and commensu- empower consumers and look forward (6) as housing price appreciation slows and rate with the likelihood of default. For’’. to working with both of you. I urge interest rates rise, many homeowners and SEC. 6. TEMPORARY REINSTATEMENT OF DOWN- prospective homebuyers will need the less- PAYMENT REQUIREMENT IN EVENT adoption of this amendment, and urge expensive, safer financing alternative that OF INCREASED DEFAULTS. passage of the bill. FHA mortgage insurance provides. Section 203(b) of the National Housing Act The CHAIRMAN. The question is on (b) PURPOSES.—The purposes of this Act (12 U.S.C. 1709(b)) is amended by adding at the amendment offered by the gen- are— the end the following new paragraph: tleman from Ohio (Mr. TIBERI). (1) to provide flexibility to FHA to allow ‘‘(10) EFFECT OF INCREASED DEFAULTS.— The amendment was agreed to. for the insurance of housing loans for low- ‘‘(A) ANNUAL DETERMINATION.—If, for any AMENDMENT NO. 7 OFFERED BY MRS. BIGGERT and moderate-income homebuyers during all calendar year described in subparagraph The CHAIRMAN. It is now in order to economic cycles in the mortgage market; (B)(i), the Secretary determines, pursuant consider amendment No. 7 printed in (2) to modernize the FHA single family such subparagraph, that— mortgage insurance program by making it ‘‘(i) the ratio of the number of mortgage part B of House Report 110–330. more reflective of enhancements to loan- insurance claims made during such calendar Mrs. BIGGERT. Madam Chairman, I level risk assessments and changes to the year on mortgages insured under this section offer an amendment. mortgage market; and to the total number of mortgages having The CHAIRMAN. The Clerk will des- (3) to adjust the loan limits for the single such insurance in force during such calendar ignate the amendment. family mortgage insurance program to re- year exceeds, by 25 percent or more, such The text of the amendment is as fol- flect rising house prices and the increased ratio for the 12-month period ending on the lows: costs associated with new construction. effective date of this Act, or

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Stafford Disaster premiums for such mortgage have been paid the average, for such calendar year, of the Relief and Emergency Assistance Act if such on a timely basis, upon the expiration of aggregate outstanding principal obligation claim was made during the 24-month period such period the Secretary shall reduce the under mortgages so insured exceeds, by 25 beginning upon such declaration.’’. amount of the annual premium payments percent or more, such ratio for the 12-month SEC. 7. MORTGAGE INSURANCE PREMIUMS. due thereafter under such mortgage to an period ending on such effective date, Section 203(c) of the National Housing Act amount equal to the amount set forth in sub- during the 90-day period beginning upon the (12 U.S.C. 1709(c)) is amended— paragraph (C)(ii). submission of the report for such calendar (1) in paragraph (2), in the matter pre- ‘‘(E) ESTABLISHMENT AND ALTERATION OF year under subparagraph (B)(ii) containing ceding subparagraph (A), by striking ‘‘Not- PREMIUM STRUCTURE.—A premium structure such determination, the Secretary may in- withstanding’’ and inserting ‘‘Except as pro- shall be established or changed under sub- sure a mortgage under this section only pur- vided in paragraph (3) and notwithstanding’’; paragraph (A) only by providing notice to suant to the requirement under subpara- and mortgagees and to the Congress, at least 30 days before the premium structure is estab- graph (C), and the Secretary shall, not later (2) by adding at the end the following new than 60 days after submission of the report lished or changed. paragraph: containing such determination, submit a re- ‘‘(F) CONSIDERATIONS FOR PREMIUM STRUC- ‘‘(3) FLEXIBLE RISK-BASED PREMIUMS.— port to the Congress under subparagraph (D) TURE.—When establishing a premium struc- ‘‘(A) IN GENERAL.—For any mortgage in- regarding mortgage insurance claims during ture under subparagraph (A) or when chang- sured by the Secretary under this title that such calendar year. ing such a premium structure, the Secretary is secured by a 1- to 4-family dwelling and for ‘‘(B) 5 YEARS OF ANNUAL DETERMINATIONS.— shall consider the following: which the loan application is received by the ‘‘(i) IN GENERAL.—The Secretary shall, for ‘‘(i) The effect of the proposed premium mortgagee on or after October 1, 2007, the each of the 5 calendar years commencing structure on the Secretary’s ability to meet Secretary may establish a mortgage insur- after the date of the enactment of this Act, the operational goals of the Mutual Mort- compare the ratios referred to in subpara- ance premium structure involving a single gage Insurance Fund as provided in section graph (A) and make a determination under premium payment collected prior to the in- 202(a). such subparagraph. surance of the mortgage or annual payments ‘‘(ii) Underwriting variables. (which may be collected on a periodic basis), ‘‘(ii) ANNUAL REPORT ON DEFAULTS.—Not ‘‘(iii) The extent to which new pricing later than 90 days after the conclusion of or both, subject to the limitations in sub- under the proposed premium structure has each of the calendar years described in paragraphs (B) and (C). The rate of premium potential for acceptance in the private mar- clause (i), the Secretary shall submit a re- for such a mortgage may vary during the ket. port to the Congress containing the deter- mortgage term as long as the basis for deter- ‘‘(iv) The administrative capability of the mination of the Secretary under such clause mining the variable rate is established be- Secretary to administer the proposed pre- with respect to such calendar year and set- fore the execution of the mortgage. The Sec- mium structure. ting forth the ratios referred to in such retary may change a premium structure es- ‘‘(v) The effect of the proposed premium clause for such calendar year. tablished under this subparagraph but only structure on the Secretary’s ability to main- ‘‘(C) REINSTATEMENT OF DOWNPAYMENT RE- to the extent that such change is not applied tain the availability of mortgage credit and QUIREMENT.—The requirement under this to any mortgage already executed. provide stability to mortgage markets.’’. subparagraph is that paragraph (9) of this ‘‘(B) MAXIMUM UP-FRONT PREMIUM SEC. 8. REHABILITATION LOANS. subsection shall apply as such paragraph was AMOUNTS.—For any mortgage insured under Subsection (k) of section 203 of the Na- in effect on the day before the effective date a premium structure established pursuant to tional Housing Act (12 U.S.C. 1709(k)) is of the Expanding American Homeownership this paragraph, the amount of any single amended— Act of 2007. premium payment authorized by subpara- (1) in paragraph (1), by striking ‘‘on’’ and ‘‘(D) REPORTS REGARDING INCREASED DE- graph (A), if established and collected prior all that follows through ‘‘1978’’; and FAULT RATE.—A report under this subpara- to the insurance of the mortgage, may not (2) in paragraph (5)— graph, as required under subparagraph (A), exceed the following amount: (A) by striking ‘‘General Insurance Fund’’ shall contain— ‘‘(i) Except as provided in clauses (ii) and the first place it appears and inserting ‘‘Mu- ‘‘(i) an analysis of mortgage insurance (iii), 3.0 percent of the amount of the original tual Mortgage Insurance Fund’’; and claims, made during the calendar year for insured principal obligation of the mortgage. (B) in the second sentence, by striking the which the report is submitted, on mortgages ‘‘(ii) If the mortgagor has a credit score comma and all that follows through ‘‘Gen- insured under this section; equivalent to a FICO score of 560 or more and eral Insurance Fund’’. ‘‘(ii) an analysis of the reasons for the in- has paid on account of the property, in cash SEC. 9. DISCRETIONARY ACTION. crease during such calendar year in the ap- or its equivalent, at least 3 percent of the The National Housing Act is amended— plicable ratio or ratios under subparagraph Secretary’s estimate of the cost of acquisi- (1) in subsection (e) of section 202 (12 U.S.C. (A), including an analysis of the extent to tion (excluding the mortgage insurance pre- 1708(e))— which such increase is attributable to the mium paid at the time the mortgage is in- (A) in paragraph (3)(B), by striking ‘‘sec- amendments made by the Expanding Amer- sured), 2.25 percent of the original insured tion 202(e) of the National Housing Act’’ and ican Homeownership Act of 2007; principal obligation of the mortgage. inserting ‘‘this subsection’’; and ‘‘(iii) the effect of such increase on the Mu- ‘‘(iii) If the annual premium payment is (B) by redesignating such subsection as tual Mortgage Insurance Fund; equal to the maximum amount allowable subsection (f); ‘‘(iv) recommendations regarding— under clause (i) of subparagraph (C), 1.5 per- (2) by striking paragraph (4) of section ‘‘(I) whether the Congress should, to recent of the amount of the original insured 203(s) (12 U.S.C. 1709(s)(4)) and inserting the spond to such increase, take legislative ac- principal obligation of the mortgage. following new paragraph: tion (aa) to apply paragraph (9) of this sub- ‘‘(C) MAXIMUM ANNUAL PREMIUM AMOUNTS.— ‘‘(4) the Secretary of Agriculture;’’; and section as such paragraph was in effect on For any mortgage insured under a premium (3) by transferring subsection (s) of section the day before the effective date of Expand- structure established pursuant to this para- 203 (as amended by paragraph (2) of this sec- ing American Homeownership Act of 2007, graph, the amount of any annual premium tion) to section 202, inserting such sub- (bb) to apply paragraph (2)(A)(ii) by sub- payment collected may not exceed the fol- section after subsection (d) of section 202, stituting ‘87 percent of the dollar amount lowing amount: and redesignating such subsection as sub- limitation’ for ‘the dollar amount limita- ‘‘(i) Except as provided in clauses (ii) and section (e). tion’, or (cc) both; and (iii), 2.0 percent of the remaining insured SEC. 10. INSURANCE OF CONDOMINIUMS. ‘‘(II) whether such provisions should be principal obligation of the mortgage. (a) IN GENERAL.—Section 234 of the Na- temporary or permanent, and, if temporary, ‘‘(ii) If the mortgagor is a mortgagor de- tional Housing Act (12 U.S.C. 1715y) is the period during which such provisions scribed in clause (ii) of subparagraph (B), 0.55 amended— should apply; and percent of the remaining insured principal (1) in subsection (c)— ‘‘(v) recommendations regarding any other obligation of the mortgage. (A) in the first sentence— administrative, regulatory, legislative, or ‘‘(iii) If the single premium payment col- (i) by striking ‘‘and’’ before ‘‘(2)’’; and other actions that should be taken to re- lected at the time of insurance is equal to (ii) by inserting before the period at the spond to such increase. maximum amount allowable under clause (i) end the following: ‘‘, and (3) the project has ‘‘(E) DEFAULTS IN DISASTER AREAS NOT of subparagraph (B), 1.0 percent of the re- a blanket mortgage insured by the Secretary COUNTED FOR 24 MONTHS.—In determining the maining insured principal obligation of the under subsection (d)’’; and number of mortgage insurance claims made mortgage. (B) in clause (B) of the third sentence, by and the aggregate remaining principal obli- ‘‘(D) PAYMENT INCENTIVE.—Notwith- striking ‘‘thirty-five years’’ and inserting gation under mortgages for which an insur- standing subparagraph (C), for any mortgage ‘‘forty years’’; and ance claim is made for purposes of subpara- insured under a premium structure estab- (2) in subsection (g), by striking ‘‘, except graph (A) for any calendar year, the Sec- lished pursuant to this paragraph and for that’’ and all that follows and inserting a pe- retary shall not take into consideration any which the annual premium payment exceeds riod.

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(b) DEFINITION OF MORTGAGE.—Section Fund required under paragraph (5), the Sec- U.S.C. 1709(u)(2)(A)) is amended by striking 201(a) of the National Housing Act (12 U.S.C. retary determines that the Fund is not meet- ‘‘shall’’ and all that follows and inserting 1707(a)) is amended— ing the operational goals established under ‘‘means a metropolitan statistical area as es- (1) in clause (1), by striking ‘‘or’’ and in- paragraph (8) or there is a substantial prob- tablished by the Office of Management and serting a comma; and ability that the Fund will not maintain its Budget;’’. (2) by inserting before the semicolon the established target subsidy rate, the Sec- (c) DEFINITION OF STATE.—Section 201(d) of following: ‘‘, or (c) a first mortgage given to retary may either make programmatic ad- the National Housing Act (12 U.S.C. 1707(d)) secure the unpaid purchase price of a fee in- justments under section 203 as necessary to is amended by striking ‘‘the Trust Territory terest in, or long-term leasehold interest in, reduce the risk to the Fund, or make appro- of the Pacific Islands’’ and inserting ‘‘the a one-family unit in a multifamily project, priate premium adjustments. Commonwealth of the Northern Mariana Is- including a project in which the dwelling ‘‘(7) OPERATIONAL GOALS.—The operational lands’’. units are attached, semi-detached, or de- goals for the Fund are— SEC. 14. HOME EQUITY CONVERSION MORT- tached, and an undivided interest in the ‘‘(A) to charge borrowers under loans that GAGES. common areas and facilities which serve the are obligations of the Fund an appropriate (a) IN GENERAL.—Section 255 of the Na- tional Housing Act (12 U.S.C. 1715z–20) is project’’. premium for the risk that such loans pose to amended— the Fund; SEC. 11. MUTUAL MORTGAGE INSURANCE FUND. (1) in subsection (g)— ‘‘(B) to minimize the default risk to the (a) IN GENERAL.—Subsection (a) of section (A) by striking the first sentence; and Fund and to homeowners; 202 of the National Housing Act (12 U.S.C. (B) by striking ‘‘established under section ‘‘(C) to curtail the impact of adverse selec- 1708(a)) is amended to read as follows: 203(b)(2)’’ and all that follows through ‘‘lo- tion on the Fund; and ‘‘(a) MUTUAL MORTGAGE INSURANCE FUND.— cated’’ and inserting ‘‘limitation established ‘‘(D) to meet the housing needs of the bor- ‘‘(1) ESTABLISHMENT.—Subject to the provi- under section 305(a)(2) of the Federal Home rowers that the single family mortgage in- sions of the Federal Credit Reform Act of Loan Mortgage Corporation Act for a 1-fam- surance program under this title is designed 1990, there is hereby created a Mutual Mort- ily residence’’; gage Insurance Fund (in this title referred to to serve.’’. (2) in subsection (i)(1)(C), by striking ‘‘lim- as the ‘Fund’), which shall be used by the (b) OBLIGATIONS OF FUND.—The National itations’’ and inserting ‘‘limitation’’; and Secretary to carry out the provisions of this Housing Act is amended as follows: (3) by adding at the end the following new title with respect to mortgages insured (1) HOMEOWNERSHIP VOUCHER PROGRAM subsection: under section 203. The Secretary may enter MORTGAGES.—In section 203(v) (12 U.S.C. ‘‘(n) AUTHORITY TO INSURE HOME PURCHASE into commitments to guarantee, and may 1709(v))— MORTGAGE.— guarantee, such insured mortgages. (A) by striking ‘‘Notwithstanding section ‘‘(1) IN GENERAL.—Notwithstanding any ‘‘(2) LIMIT ON LOAN GUARANTEES.—The au- 202 of this title, the’’ and inserting ‘‘The’’; other provision in this section, the Secretary thority of the Secretary to enter into com- and may insure, upon application by a mort- mitments to guarantee such insured mort- (B) by striking ‘‘General Insurance Fund’’ gagee, a home equity conversion mortgage gages shall be effective for any fiscal year the first place such term appears and all that upon such terms and conditions as the Sec- only to the extent that the aggregate origi- follows and inserting ‘‘Mutual Mortgage In- retary may prescribe, when the primary pur- nal principal loan amount under such mort- surance Fund.’’. pose of the home equity conversion mortgage gages, any part of which is guaranteed, does (2) HOME EQUITY CONVERSION MORTGAGES.— is to enable an elderly mortgagor to pur- not exceed the amount specified in appro- Section 255(i)(2)(A) of the National Housing chase a 1- to 4-family dwelling in which the priations Acts for such fiscal year. Act (12 U.S.C. 1715z–20(i)(2)(A)) is amended by mortgagor will occupy or occupies one of the ‘‘(3) FIDUCIARY RESPONSIBILITY.—The Sec- striking ‘‘General Insurance Fund’’ and in- units. retary has a responsibility to ensure that the serting ‘‘Mutual Mortgage Insurance Fund’’. ‘‘(2) LIMITATION ON PRINCIPAL OBLIGATION.— Mutual Mortgage Insurance Fund remains fi- (c) CONFORMING AMENDMENTS.—The Na- A home equity conversion mortgage insured nancially sound. tional Housing Act is amended— pursuant to paragraph (1) shall involve a ‘‘(4) ANNUAL INDEPENDENT ACTUARIAL (1) in section 205 (12 U.S.C. 1711), by strik- principal obligation that does not exceed the STUDY.—The Secretary shall provide for an ing subsections (g) and (h); and dollar amount limitation determined under independent actuarial study of the Fund to (2) in section 519(e) (12 U.S.C. 1735c(e)), by section 305(a)(2) of the Federal Home Loan be conducted annually, which shall analyze striking ‘‘203(b)’’ and all that follows Mortgage Corporation Act for a residence of the financial position of the Fund. The Sec- through ‘‘203(i)’’ and inserting ‘‘203, except as the applicable size.’’. retary shall submit a report annually to the determined by the Secretary’’. (b) MORTGAGES FOR COOPERATIVES.—Sub- Congress describing the results of such study SEC. 12. HAWAIIAN HOME LANDS AND INDIAN section (b) of section 255 of the National and assessing the financial status of the RESERVATIONS. Housing Act (12 U.S.C. 1715z–20(b)) is amend- Fund. The report shall recommend adjust- (a) HAWAIIAN HOME LANDS.—Section 247(c) ed— ments to underwriting standards, program of the National Housing Act (12 U.S.C. 1715z– (1) in paragraph (4)— participation, or premiums, if necessary, to 12) is amended— (A) by inserting ‘‘a first or subordinate mortgage or lien’’ before ‘‘on all stock’’; ensure that the Fund remains financially (1) by striking ‘‘General Insurance Fund (B) by inserting ‘‘unit’’ after ‘‘dwelling’’; sound. established in section 519’’ and inserting and ‘‘(5) QUARTERLY REPORTS.—During each fis- ‘‘Mutual Mortgage Insurance Fund’’; and (C) by inserting ‘‘a first mortgage or first cal year, the Secretary shall submit a report (2) in the second sentence, by striking ‘‘(1) lien’’ before ‘‘on a leasehold’’; and to the Congress for each quarter, which shall all references’’ and all that follows through (2) in paragraph (5), by inserting ‘‘a first or specify for mortgages that are obligations of ‘‘and (2)’’. subordinate lien on’’ before ‘‘all stock’’. the Fund— (b) INDIAN RESERVATIONS.—Section 248(f) of (c) STUDY REGARDING MORTGAGE INSURANCE the National Housing Act (12 U.S.C. 1715z–13) ‘‘(A) the cumulative volume of loan guar- PREMIUMS.—The Secretary of Housing and is amended— antee commitments that have been made Urban Development shall conduct a study re- during such fiscal year through the end of (1) by striking ‘‘General Insurance Fund’’ garding mortgage insurance premiums the quarter for which the report is sub- the first place it appears through ‘‘519’’ and charged under the program under section 255 mitted; inserting ‘‘Mutual Mortgage Insurance of the National Housing Act (12 U.S.C. 1715z– ‘‘(B) the types of loans insured, categorized Fund’’; and 20) for insurance of home equity conversion by risk; (2) in the second sentence, by striking ‘‘(1) mortgages to analyze and determine— ‘‘(C) any significant changes between ac- all references’’ and all that follows through (1) the effects of reducing the amounts of tual and projected claim and prepayment ac- ‘‘and (2)’’. such premiums from the amounts charged as tivity; SEC. 13. CONFORMING AND TECHNICAL AMEND- of the date of the enactment of this Act on— ‘‘(D) projected versus actual loss rates; and MENTS. (A) costs to mortgagors; and ‘‘(E) updated projections of the annual sub- (a) REPEALS.—The following provisions of (B) the financial soundness of the program; sidy rates to ensure that increases in risk to the National Housing Act are repealed: and the Fund are identified and mitigated by ad- (1) Subsection (i) of section 203 (12 U.S.C. (2) the feasibility and effectiveness of ex- justments to underwriting standards, pro- 1709(i)). empting, from all the requirements under gram participation, or premiums, and the fi- (2) Subsection (o) of section 203 (12 U.S.C. the program regarding payment of mortgage nancial soundness of the Fund is maintained. 1709(o)). insurance premiums (including both up-front The first quarterly report under this para- (3) Subsection (p) of section 203 (12 U.S.C. or annual mortgage insurance premiums graph shall be submitted on the last day of 1709(p)). under section 203(c)(2) of such Act), any the first quarter of fiscal year 2008, or upon (4) Subsection (q) of section 203 (12 U.S.C. mortgage insured under the program under the expiration of the 90-day period beginning 1709(q)). which part or all of the amount of future on the date of the enactment of the Expand- (5) Section 222 (12 U.S.C. 1715m). payments made to the homeowner are used ing American Homeownership Act of 2007, (6) Section 237 (12 U.S.C. 1715z–2). for costs of a long-term care insurance con- whichever is later. (7) Section 245 (12 U.S.C. 1715z–10). tract covering the mortgagor or members of ‘‘(6) ADJUSTMENT OF PREMIUMS.—If, pursu- (b) DEFINITION OF AREA.—Section the household residing in the mortgaged ant to the independent actuarial study of the 203(u)(2)(A) of the National Housing Act (12 property.

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\A18SE7.021 H18SEPT1 bajohnson on PROD1PC71 with HOUSE September 18, 2007 CONGRESSIONAL RECORD — HOUSE H10473 Not later than the expiration of the 12- ‘‘(C) A mortgage broker who— 20(d)(1)) is amended by striking ‘‘as respon- month period beginning on the date of the ‘‘(i) closes the mortgage in the name of the sible and able to service the mortgage prop- enactment of this Act, the Secretary shall lender and does not make, underwrite, or erly’’. submit a report to the Congress setting forth service the mortgage; (5) WAR HOUSING MORTGAGE INSURANCE.— the results and conclusions of the study. ‘‘(ii) is licensed, under the laws of the Paragraph (1) of section 603(b) of the Na- SEC. 15. CONFORMING LOAN LIMIT IN DISASTER State in which the property that is subject tional Housing Act (12 U.S.C. 1738(b)(1)) is AREAS. to the mortgage is located, to act as a mort- amended— Section 203(h) of the National Housing Act gage broker in such State; (A) by striking ‘‘, and be held by,’’; and (12 U.S.C. 1709) is amended— ‘‘(iii) posts a surety bond in accordance (B) by striking ‘‘as responsible and able to (1) by inserting after ‘‘property’’ the fol- with the requirements of subparagraph service the mortgage properly’’. lowing: ‘‘plus any initial service charges, ap- (B)(ii); and (6) WAR HOUSING MORTGAGE INSURANCE FOR praisal, inspection and other fees in connec- ‘‘(iv) complies with such other require- LARGE-SCALE HOUSING PROJECTS.—Paragraph tion with the mortgage as approved by the ments as the Secretary may establish. (1) of section 611(b) of the National Housing Secretary,’’; ‘‘(3) The term ‘mortgagor’ includes the Act (12 U.S.C. 1746(b)(1)) is amended— (2) by striking the second sentence (as original borrower under a mortgage and the (A) by striking ‘‘ and be held by’’; and added by chapter 7 of the Emergency Supple- successors and assigns of the original bor- (B) by striking ‘‘as responsible and able to mental Appropriations Act of 1994 (Public rower.’’; service the mortgage properly’’. Law 103–211; 108 Stat. 12)); and (C) in subsection (a), by redesignating (7) GROUP PRACTICE FACILITY MORTGAGE IN- (3) by adding at the end the following new clauses (1) and (2) as clauses (A) and (B) re- SURANCE.—Section 1101(b)(2) of the National sentence: ‘‘In any case in which the single spectively; and Housing Act (12 U.S.C. 1749aaa(b)(2)) is family residence to be insured under this (D) by redesignating subsections (a), (c), amended— subsection is within a jurisdiction in which (d), (e), and (f) as paragraphs (1), (4), (5), (6), (A) by striking ‘‘ and held by’’; and the President has declared a major disaster and (7), respectively, and realigning such (B) by striking ‘‘as responsible and able to to have occurred, the Secretary is author- paragraphs two ems from the left margin. service the mortgage properly’’. ized, for a temporary period not to exceed 36 (2) MORTGAGEE REVIEW.—Section 202(c)(7) (8) NATIONAL DEFENSE HOUSING INSUR- months from the date of such Presidential of the National Housing Act (12 U.S.C. ANCE.—Paragraph (1) of section 903(b) of the declaration, to enter into agreements to in- 1708(c)(7)) is amended— National Housing Act (12 U.S.C. 1750b(b)(1)) sure a mortgage which involves a principal (A) in subparagraph (A), by inserting ‘‘, as is amended— obligation of up to 100 percent of the dollar defined in section 201,’’ after ‘‘mortgagee’’; (A) by striking ‘‘, and be held by,’’; and limitation determined under section 305(a)(2) (B) by striking subparagraph (B); and (B) by striking ‘‘as responsible and able to of the Federal Home Loan Mortgage Cor- (C) by redesignating subparagraphs (C) and service the mortgage properly’’. poration Act for a single family residence, (D) as subparagraphs (B) and (C), respec- SEC. 17. SENSE OF CONGRESS REGARDING TECH- and not in excess of 100 percent of the ap- tively. NOLOGY FOR FINANCIAL SYSTEMS. praised value of the property plus any initial (3) MULTIFAMILY RENTAL HOUSING INSUR- (a) CONGRESSIONAL FINDINGS.—The Con- service charges, appraisal, inspection and ANCE.—Section 207(a)(2) of the National gress finds the following: other fees in connection with the mortgage Housing Act (12 U.S.C. 1713(a)(2)) is amended (1) The Government Accountability Office as approved by the Secretary.’’. by striking ‘‘means the original lender under has cited the FHA single family housing SEC. 16. PARTICIPATION OF MORTGAGE BRO- a mortgage, and its successors and assigns, mortgage insurance program as a ‘‘high- KERS AND CORRESPONDENT LEND- and’’ and inserting ‘‘has the meaning given risk’’ program, with a primary reason being ERS. such term in section 201, except that such non-integrated and out-dated financial man- (a) DEFINITIONS.— term also’’. agement systems. (1) IN GENERAL.—Section 201 of the Na- (4) WAR HOUSING INSURANCE.—Section 601(b) (2) The ‘‘Audit of the Federal Housing Ad- tional Housing Act (12 U.S.C. 1707) is amend- of the National Housing Act (12 U.S.C. ministration’s Financial Statements for Fis- ed— 1736(b)) is amended by striking ‘‘includes the cal Years 2004 and 2003’’, conducted by the In- (A) by striking ‘‘As used in section 203 of original lender under a mortgage, and his spector General of the Department of Hous- this title—’’ and inserting ‘‘As used in this successors and assigns approved by the Sec- ing and Urban Development reported as a title and for purposes of participation in in- retary’’ and inserting ‘‘has the meaning material weakness that ‘‘HUD/FHA’s auto- surance programs under this title, except as given such term in section 201’’. mated data processing [ADP] system envi- specifically provided otherwise, the fol- (5) ARMED SERVICES HOUSING MORTGAGE IN- ronment must be enhanced to more effec- lowing definitions shall apply:’’; SURANCE.—Section 801(b) of the National tively support FHA’s business and budget (B) by striking subsection (b) and inserting Housing Act (12 U.S.C. 1748(b)) is amended by processes’’. the following: striking ‘‘includes the original lender under (3) Existing technology systems for the ‘‘(2) The term ‘mortgagee’ means any of a mortgage, and his successors and assigns FHA program have not been updated to meet the following entities, and its successors and approved by the Secretary’’ and inserting the latest standards of the Mortgage Indus- assigns, to the extent such entity is ap- ‘‘has the meaning given such term in section try Standards Maintenance Organization and proved by the Secretary: 201’’. have numerous deficiencies that lenders ‘‘(A) A lender or correspondent lender, (6) GROUP PRACTICE FACILITIES MORTGAGE have outlined. who— INSURANCE.—Section 1106(8) of the National (4) Improvements to technology used in the ‘‘(i) makes, underwrites, and services mort- Housing Act (12 U.S.C. 1749aaa–5(8)) is FHA program will— gages; amended by striking ‘‘means the original (A) allow the FHA program to improve the ‘‘(ii) submits to the Secretary such finan- lender under a mortgage, and his or its suc- management of the FHA portfolio, garner cial audits performed in accordance with the cessors and assigns, and’’ and inserting ‘‘has greater efficiencies in its operations, and standards for financial audits of the Govern- the meaning given such term in section 201, lower costs across the program; ment Auditing Standards issued by the except that such term also’’. (B) result in efficiencies and lower costs Comptroller of the United States; (b) ELIGIBILITY FOR INSURANCE.— for lenders participating in the program, al- ‘‘(iii) meet the minimum net worth re- (1) TITLE I.—Paragraph (1) of section 8(b) of lowing them to better use the FHA products quirement that the Secretary shall establish; the National Housing Act (12 U.S.C. in extending homeownership opportunities and 1706c(b)(1)) is amended— to higher credit risk or lower-income fami- ‘‘(iv) complies with such other require- (A) by striking ‘‘, and be held by,’’; and lies, in a sound manner. ments as the Secretary may establish. (B) by striking ‘‘as responsible and able to (5) The Mutual Mortgage Insurance Fund ‘‘(B) A correspondent lender who— service the mortgage properly’’. operates without cost to the taxpayers and ‘‘(i) closes a mortgage in its name but does (2) SINGLE FAMILY HOUSING MORTGAGE IN- generates revenues for the Federal Govern- not underwrite or service the mortgage; SURANCE.—Paragraph (1) of section 203(b) of ment. ‘‘(ii) posts a surety bond, in lieu of any re- the National Housing Act (12 U.S.C. (b) SENSE OF CONGRESS.—It is the sense of quirement to provide audited financial state- 1709(b)(1)) is amended— the Congress that— ments or meet a minimum net worth re- (A) by striking ‘‘, and be held by,’’; and (1) the Secretary of Housing and Urban De- quirement, in— (B) by striking ‘‘as responsible and able to velopment should use a portion of the funds ‘‘(I) a form satisfactory to the Secretary; service the mortgage properly’’. received from premiums paid for FHA single and (3) SECTION 221 MORTGAGE INSURANCE.— family housing mortgage insurance that are ‘‘(II) an amount of $75,000, as such amount Paragraph (1) of section 221(d) of the Na- in excess of the amounts paid out in claims is adjusted annually by the Secretary (as de- tional Housing Act (12 U.S.C. 1715l(d)(1)) is to substantially increase the funding for termined under regulations of the Secretary) amended— technology used in such FHA program; by the change for such year in the Consumer (A) by striking ‘‘ and be held by’’; and (2) the goal of this investment should be to Price Index for All Urban Consumers pub- (B) by striking ‘‘as responsible and able to bring the technology used in such FHA pro- lished monthly by the Bureau of Labor Sta- service the mortgage properly’’. gram to the level and sophistication of the tistics of the Department of Labor; and (4) HOME EQUITY CONVERSION MORTGAGE IN- technology used in the conventional mort- ‘‘(iii) complies with such other require- SURANCE.—Paragraph (1) of section 255(d) of gage lending market, or to exceed such level; ments as the Secretary may establish. the National Housing Act (12 U.S.C. 1715z– and

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\A18SE7.021 H18SEPT1 bajohnson on PROD1PC71 with HOUSE H10474 CONGRESSIONAL RECORD — HOUSE September 18, 2007 (3) the Secretary of Housing and Urban De- A refund provision also would be dif- In much of her argument she talks velopment should report to the Congress not ficult to implement. Perhaps most im- about another piece that represents the later than 180 days after the date of the en- portantly, refunds like this undercut difference between us. We say that if actment of this Act regarding the progress the very concept of insurance. It is the you are someone with a weaker cred- the Department is making toward such goal and if progress is not sufficient, the re- logical equivalent of a healthy person ible, a lower FICO score, the great god, sources needed to make greater progress. requesting a 100 percent refund of his FICO, that governs the lives of lower- SEC. 18. SAVINGS PROVISION. or her health insurance premium, or a income people, if you get your mort- Any mortgage insured under title II of the driver who doesn’t get into an accident gage insured and you work hard and National Housing Act before the date of en- demanding all of his car insurance make all your payments, you should actment of this Act shall continue to be gov- back. still be charged more than the gentle- erned by the laws, regulations, orders, and Just like last year’s House-passed woman from Illinois or I would be terms and conditions to which it was subject bill, my amendment includes another charged for a mortgage, because that is on the day before the date of the enactment bipartisan agreement, the automatic the insurance principle. of this Act. reduction of annual premiums to no It is an appropriate principle for a SEC. 19. IMPLEMENTATION. The Secretary of Housing and Urban Devel- more than 55 base points for loans, and private insurance company. For the opment shall by notice establish any addi- remains active after 5 years. Auto- Federal Government to say to hard- tional requirements that may be necessary matic premium reductions can be a working people who are making their to immediately carry out the provisions of good thing. They can reduce refi- payments that they will be held ac- this Act. The notice shall take effect upon nancing and perhaps some defaults and countable for the fact that other people issuance. foreclosures as well. didn’t make their payments, and I The CHAIRMAN. Pursuant to House Finally, the most significant dif- won’t be and the gentlewoman from Il- Resolution 650, the gentlewoman from ference between the bill I have intro- linois wouldn’t be, that is not appro- Illinois (Mrs. BIGGERT) and the gen- duced and the Frank-Waters FHA re- priate. tleman from Massachusetts (Mr. form proposal, which has been of great So this principle of, yes, they say if FRANK) each will control 10 minutes. concern to me and many of my col- you are healthy, you shouldn’t get The Chair recognizes the gentle- leagues, is the inclusion of a provision your money back, if you work hard and woman from Illinois. that creates a funding placeholder that make your mortgage payments, why b 1345 you have heard talked about so much should you be charged more because today that siphons off the FHA funds somebody else like you defaulted? Mrs. BIGGERT. Madam Chairman, I to create a brand-new government Let’s all share that burden. yield myself such time as I may con- trust fund. The gentlewoman said, well, it will sume. The other provisions that I men- be hard to give lower-income people My amendment strikes the bill in its tioned are ones that represent signifi- loans. Those are crocodile tears. You entirety and inserts language that is cant differences between our intro- are going to help these lower-income identical to last year’s bipartisan FHA duced bills. Using FHA program funds people by making them pay more for modernization bill, H.R. 5121. Last year to create a housing trust fund, to me, their mortgage than we would pay. the bill had 54 Republicans, 51 Demo- is where we have the most difference, I would also note, and I wasn’t in crats, and one1 Independent cosponsor. and I believe it is not an appropriate charge of the drafting, but we did adopt Last year the bill was the bipartisan use of FHA funds. Taking funds out of several amendments today. The gentle- compromise that was agreed to by FHA and using them for a purpose un- woman’s amendment would, of course, Chairman WATERS and Chairman related to its core mission would wipe all of them out because it would FRANK and then chairman Mike Oxley. threaten the solvency of the FHA fund go back to last year’s bill. Last year’s bill passed the House by a and its ability to pay out the insurance I understand there is regret on the vote of 415–7 on July 25, 2006. claims. We don’t want to have to come part of many of my colleagues at the There are differences in the bills. back here and do a bailout because results of last November’s election, and This amendment, last year’s bipartisan FHA funds were diverted for other it is appropriate to try to undue last bill, I would like to highlight a couple projects. year’s election. The appropriate time of important differences. The Frank- There is general agreement on the to do that is in next November’s elec- Waters bill authorizes the FHA to im- need for FHA modernization legislation, not by bills that passed a year plement risk-based pricing, but leaves tion. By modernizing FHA with my ago with a differently constructed in place the current, I think, outdated amendment, we can expand FHA and House and say let’s not make any premium caps. My concern is that give a viable alternative to more low- changes. these limits on the premium caps will income borrowers who may otherwise We made changes to accommodate prevent FHA from serving riskier bor- lose their home or be forced into the refinancing for people caught in the rowers who could be prudently served higher-cost subprime loans, or even subprime crisis. That is in this bill. It by charging a slightly higher premium. predatory products. It is true that FHA is not in the gentlewoman’s substitute. With the flexibility to charge slight- cannot help all homeowners that are in Taking a year-old bill, with none of the ly higher premiums, FHA would be able the red, but it may help a good portion improvements we have made, it goes to serve borrowers with lower FICO of them. beyond the philosophy. scores who are currently being served I would urge my colleagues to sup- Now, I understand Members don’t only by the subprime market at very port my amendment, last year’s bipar- want to do an affordable housing fund. high interest rates. Just like last tisan bill, the House-passed bill that That was the gentleman from Texas’s year’s bipartisan House-passed bill, my many of my colleagues supported last amendment. I oppose it. That one amendment modernizes and updates year. makes some sense in terms of ideolog- premium caps, enabling FHA to reach Madam Chairman, I reserve the bal- ical division. But to say let’s ignore ev- down and serve riskier borrowers, but ance of my time. erything that has happened in the last in a prudent manner. I think this is Mr. FRANK of Massachusetts. year, amendments adopted here today, where growth comes in, because there Madam Chairman, I yield myself 3 min- several amendments by Members of will be more loans that FHA will be utes. both parties, the gentleman from Cali- able to make. The gentlewoman, incredibly, says fornia (Mr. GARY G. MILLER); the gen- Second, the Frank-Waters bill re- this will jeopardize the solvency of the tleman from Ohio (Mr. TIBERI); the quires the refund of excess upfront pre- fund if we put money into affordable gentleman from Massachusetts (Mr. miums charged to higher-risk bor- housing. I thought reading was one of TIERNEY); the gentleman from New rowers, those with FICO scores below the basic things we did around here. In York (Mr. BISHOP). We adopted their 560. I am concerned that this new pro- the bill it says nothing can go to the amendments. The gentlewoman wants vision may treat your higher initial Affordable Housing Fund if it would to wipe them out. That is not an appro- premiums and unintentionally limit jeopardize solvency. Simply denying priate way to legislate. the number of borrowers that could be plain facts is not an appropriate way to I hope that the amendment is deserved by FHA. debate. feated, that we do not say in particular

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\A18SE7.021 H18SEPT1 bajohnson on PROD1PC71 with HOUSE September 18, 2007 CONGRESSIONAL RECORD — HOUSE H10475 that if you are someone in a lower-in- does not mean that they have poor I would also point out, again, that come category and you make your credit. I think that is not where they she said we don’t want to raise fees to mortgage payments, the Federal Gov- are going to have to pay higher pre- people. Our bill limits what the FHA ernment will charge you more. miums, necessarily. It is inevitable in can be forced to charge by OMB. We Madam Chairman, I reserve the bal- an insurance fund that lower-risk bor- have three separate provisions. I will ance of my time. rowers will subsidize higher-risk bor- point out again to the gentlewoman, Mrs. BIGGERT. Madam Chairman, rowers. Refunds of the nature that is in we adopted a provision, there were ne- we could have passed this bill 9 months your bill would undercut the concept of gotiations between AARP and the ago, and then we would have added on insurance, as I said before, being the originators of the home equity mort- to it. Unfortunately, this is my oppor- equivalent of a healthy person requir- gages, the services, and we have in tunity to do it, and this is the bill that ing a percent refund of his or her insur- there a reduction, we put a cap on. We I have had. I bring it up now. ance premium, or a driver that does cut by one-third the maximum fee el- As I said before, there are good not get into an accident requiring their derly people can be charged for an things that have come out in the dis- insurance back. FHA-insured home mortgage. cussion today; there are some good Madam Chairman, I reserve the bal- b 1400 things that have been added onto the ance of my time. bill that you have brought forward. The CHAIRMAN. The gentleman We reduced the fee that elderly peo- The reason for bringing this up is I from Massachusetts has 6 minutes re- ple can be charged by one-third. The have some real concerns about some of maining. The gentlewoman from Illi- gentlewoman’s amendment, it is not the things that are in there, and this is nois has 3 minutes remaining. her fault, she is not gratuitously try- my opportunity. Mr. FRANK of Massachusetts. ing to hurt older people; she just I don’t think that we are penalizing Madam Chairman, I yield myself 3 min- picked up this old amendment from a low-income people that much. I know utes. year ago, this old bill, and offered it that in the discussion that we had in The gentlewoman has quite honestly without taking into account the committee when this came up about no joined this one issue. She says it is the progress we have made. That is not a down payment, there are people that principle of insurance. If you are good way to legislate. can’t afford a mortgage with no down healthy, you should pay less for insur- I reserve the balance of my time. payment and can meet the monthly ance than if you are sick. That is not Mrs. BIGGERT. Madam Chairman, payments, but there was no risk with the principle we follow in the Federal looking at the two bills, let’s look at those people, no premium for FHA to Government. That is the point the gen- flexibility risk-based premiums. H.R. ensure that kind of mortgage. tlewoman misses. 1752 permits upfront or annual pre- That isn’t fair for other people that Yes, if you go to a private company, miums or both. Premium rates may based on their credit scores are having they will do that. You don’t pay more vary over loan term if basis for change to pay a premium. I would just dis- in a Medicare premium if you are sick is determined at origination. agree. If you are able to always meet than if you are healthy. That is appar- Under your bill, the same: requires those, then the risk should be depend- ently what the gentlewoman is advo- annual report on risk-based premiums ent on what you do, not what some- cating, that senior citizens who are and how they were determined, author- body else does either. I would agree sick should pay more premiums than izes premiums based on product risk. with that. The maximum upfront premium Madam Chairman, I reserve the bal- senior citizens who are healthy. amounts, H.R. 1752: 3 percent, or 1.5 ance of my time. The question is whether a principle Mr. FRANK of Massachusetts. I that is necessary in a private insurance percent if annual premium is at its think the gentlewoman confused a cou- scheme is appropriate for the Federal maximum. Under your bill, 2.25 percent ple of issues. When I talk about not Government. She says just because you for standard-risk and higher-risk mort- charging someone more because she are low income doesn’t mean you have gages, 3.0 for zero and lower down has a lower credit score, and it is often poor credit. True. Not in every case. mortgages for first-time buyers. And a ‘‘she’’ that is in that category, it is She knows there is a correlation; that then the maximum annual premium not the no-down-payment category. the weaker the credit, the likely the amounts in H.R. 1752, 2.0, or 1.0 if up- What the bill does that the gentle- people are to have low income. She, front premium is at its maximum. woman has is to say if you are someone again, is saying explicitly that she be- Under yours, 0.55 percent for standard with a lower credit score and get a loan lieves, and she doesn’t deny it, that it and high-risk mortgages, 0.75 for zero with a down payment, you get charged is the principle of insurance. down mortgages. And then the limit on more even if you make your payments. You are a working woman making in premium charged for certain mort- By the way, the bill that she would the forties, you get FHA insurance, you gages. If a borrower has 3 percent cash replace with last year’s bill would also make all your payments, and you have contribution and a score of 560 or more, knock out several protections we have got weaker credit than somebody who the upfront premium is limited to 2.25 in this bill against FHA fees being serves in Congress and makes $180,000 a percent and the annual 0.55 percent. raised. The FHA doesn’t want to raise year. You have to pay more, according And then, under your bill it is included fees. OMB has ordered FHA to try to to the gentlewoman, than I would pay, by creation of the standard-risk and raise fees. Congress has had to inter- even if you made all your payments. higher-risk mortgage categories. vene. What we are saying is at the outset it I guess we disagree on this, but I There are in our version, unlike the may be that you want to charge more. think I want the same thing. I want version the gentlewoman is offering, Yes, we will give FHA the ability to do FHA to be used. I want it to be used for protections against fee increases. We that upfront. But you can earn your low-income, first-time home buyers have an amendment that was advo- way out of that. If you have weaker and those that are trying to refinance. cated by the gentlewoman from Flor- credit, but you work hard, you are dili- This is critical right now, and I just ida, Ms. GINNY BROWN-WAITE, and the gent and you make your payments, think there is some differences in what gentleman from Georgia, Mr. MAR- why should the Federal Government we have. SHALL, to limit the amount that can be charge you more than someone far Madam Chairman, I reserve the bal- charged to older people taking out re- wealthier than you? ance of my time. verse equity mortgages. That is in the The gentlewoman is wrong to think Mr. FRANK of Massachusetts. bill that the gentlewoman wants to dis- that is the precedent. In the health in- Madam Chairman, let me ask the gen- place, and she would displace it with a surance field and the Federal Govern- tlewoman from Illinois: If someone has bill that has no such protection for ment field, if you are under Medicare, weaker credit and gets mortgage insur- older people. you don’t pay more in Medicare pre- ance but makes all the payments for 5 Madam Chairman, I reserve the bal- miums if you were sick than if you years, why does the gentlewoman ance of my time. were healthy. This is what we are say- think that she should be charged more? Mrs. BIGGERT. Madam Chairman, ing, that you should not charge people And how does it hurt the FHA’s ability just because someone is low income more. to go forward if, after someone has

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K18SE7.064 H18SEPT1 bajohnson on PROD1PC71 with HOUSE H10476 CONGRESSIONAL RECORD — HOUSE September 18, 2007 made the payments for 5 years, she native. In addition, with the even more re- H.R. 1852. Thank you for considering the gets refunded the extra? I would yield cent tightening of the jumbo market, many views of the home building industry. to the gentlewoman to answer that homebuyers may not be able to find a safe, Sincerely, question, a fundamental difference on affordable financing option without an in- JOSEPH M. STANTON, crease in the FHA loan limits. Chief Lobbyist. the bill. Although the underlying bill would in- Mrs. BIGGERT. I think under the I yield my remaining time to the crease the loan limits, we strongly believe gentlewoman from California, the bill, H.R. 1752, their premiums are re- that the Frank/Miller/Cardoza amendment is duced; they are not refunded. chairman of the subcommittee. needed to affect real change. H.R. 1852 cre- Ms. WATERS. Madam Chairman and Mr. FRANK of Massachusetts. No. ates a new loan ceiling of $417,000. Many Answer the question. They are not re- markets are significantly higher than this Members, earlier today we talked funded under your bill. They are under, limit. Median home prices of communities in about how we worked together so well the gentlewoman would not refund New York, New Jersey, Connecticut, Cali- in order to get the best possible legisla- them. How does it hurt the FHA in fornia, Massachusetts, and Pennsylvania are tion. And I am just a little bit sad that already far above this limit. The Frank/Mil- their ability to lend to people with this substitute amendment would re- ler/Cardoza amendment creates geographic form for the Federal Housing Adminis- weaker credit if they say to people fairness by raising the loan limit to 125% of with weaker credit, if you make your tration’s FHA single-family mortgage the area median home price. Under the insurance activities and would allow payments for 5 years, we will refund amendment working families in Newark, NJ the extra we charged you? can buy a home for $512,000, and families in FHA to base each borrower’s mortgage Mrs. BIGGERT. If the gentleman will Los Angeles, CA can buy homes for $650,000— insurance premiums on the risk that yield. both median price homes for their area. the borrower poses to the FHA mort- Mr. FRANK of Massachusetts. I FHA reform is needed now, more than ever. gage insurance fund with slight vari- yield. Please vote for H.R. 1852 and the Frank/Mil- ations. Mrs. BIGGERT. Because the FHA is ler/Cardoza amendment when these measures Under this proposal, mortgage insur- come to the Floor. self-funded. It is not funded by the gov- ance premiums will be based on the Thank you, borrower’s credit history, loan-to-value ernment just putting money into it PAT V. COMBS, just so that they can do other mort- President. ratio, debt-to-income ratio, and on gages. It is self-funded and it is an in- FHA’s historical experience with simi- surance program. Now, we haven’t been NATIONAL ASSOCIATION lar borrowers. able to use it because it has been so OF HOME BUILDERS, This amendment maintains FHA re- capped in the amount of what they can Washington, DC, September 17, 2007. serves within the insurance fund to do. Hon. JOHN BOEHNER, preserve the future solvency of the Mr. FRANK of Massachusetts. I take Minority Leader, House of Representatives, FHA program. I just rise in strong op- Washington, DC. back my time because the gentle- position to this amendment for the DEAR LEADER BOEHNER: On behalf of the woman is simply, I understand her an- simple reason that H.R. 1852 is a better 235,000 members of the National Association bill than the FHA reform bill that swer. It is, if there is a higher loan loss of Home Builders (NAHB), I am writing to rate from lending to lower-income peo- express the building industry’s support for passed the House last year. And I could ple, people with weaker credit, they H.R. 1852, the Expanding American Home- go on and on and on talking about why have to subsidize each other. ownership Act of 2007. NAHB urges you to this is a much better bill, but I think We say, no; raise the jumbo limit, support this bill, which modernizes the Fed- this would be a step backwards, and I and let those people in California and eral Housing Administration (FHA), when it would ask my colleagues not to sup- Massachusetts and New York who are comes to the House floor next week. Because port this amendment. It is not a good of the importance of this issue to our indus- getting mortgages at $600,000 and amendment. try, we are designating the vote on passage The CHAIRMAN. The gentleman’s $500,000, let them subsidize it. Nobody of H.R. 1852 as a KEY VOTE. is subsidizing. You shouldn’t have to time has expired. NAHB also supports the Frank/Miller/ The gentlewoman from Illinois has 1 subsidize if you are making your own Cardoza amendment that will further enable payments. home buyers the ability to purchase an FHA- minute remaining. insured home in many high-cost areas. Cur- Mrs. BIGGERT. I guess we will have NATIONAL ASSOCIATION OF REALTORS, to agree to disagree that last year’s Washington, DC, September 14, 2007. rently, the FHA loan limit is too low to en- HOUSE OF REPRESENTATIVES, able many deserving home buyer to purchase bill would have served more borrowers. Washington, DC. a home in high-cost areas. And we are moving forward here, so I DEAR REPRESENTATIVE: On behalf of the 1.3 Since its creation in 1934, and for much of would urge Members to support my million members of the National Association its existence, the FHA has been viewed as a amendment. of REALTORS, I urge you to support H.R. housing finance innovator by insuring mil- Madam Chairman, I yield back the 1852, the ‘‘Expanding American Homeowner- lions of mortgage loans, which have made it balance of my time. ship Act of 2007’’, when the bill is considered possible for America’s families to achieve The CHAIRMAN. The question is on homeownership. FHA’s single family mort- by the full House. This is an important the amendment offered by the gentle- measure that will allow FHA to function in gage insurance programs have served home the 21st century. Equally important and wor- buyers in all parts of the country during all woman from Illinois (Mrs. BIGGERT). thy of your strongest support is an amend- types of economic conditions. Moreover, The question was taken; and the ment to be offered by Representatives Bar- FHA has done this without any cost to Chairman announced that the noes ap- ney Frank (D–MA), Gary Miller (R–CA) and America’s taxpayers. peared to have it. Dennis Cardoza (D–CA) that is vital to im- Unfortunately, over the past two decades, Mrs. BIGGERT. Madam Chairman, I proving the stability of mortgage markets, a the popularity and relevance of FHA’s single demand a recorded vote. critical component of our national economy. family mortgage insurance programs have The CHAIRMAN. Pursuant to clause The Frank/Miller/Cardoza amendment waned as FHA’s programs have failed to keep 6 of rule XVIII, further proceedings on would increase the Federal Housing Adminis- pace with competing conventional mortgage the amendment offered by the gentle- loan programs. Faced with a deepening con- tration (FHA) loan limits beyond the lan- woman from Illinois will be postponed. guage originally included in H.R. 1852. Such striction in the availability and affordability an increase is now needed in light of the sig- of housing credit, Congress now has the op- ANNOUNCEMENT BY THE CHAIRMAN nificant housing and mortgage market tur- portunity to modernize the FHA and enable The CHAIRMAN. Pursuant to clause moil that has severely limited the ability of it to play a key role in stabilizing the mort- 6 of rule XVIII, proceedings will now families to refinance a problematic existing gage markets, while offering borrowers a resume on those amendments on which loan or, alternatively, purchase a home in a safe and fair mortgage alternative. Recently, further proceedings were postponed, in high cost market with a safe and affordable President Bush outlined a plan to help Amer- the following order: ican homeowners weather the current dif- mortgage. Amendment No. 5 by Mr. HENSARLING As you well know, many American home- ficulties in mortgage markets, which in- owners now have mortgages with payments cluded asking Congress to send him an FHA of Texas. that will soon increase dramatically, putting reform bill as soon as possible. Amendment No. 7 by Mrs. BIGGERT of them at risk of foreclosure. Raising the FHA To address the problems in today’s housing Illinois. loan limits will provide many of these home- finance market, I urge your support for H.R. The Chair will reduce to 5 minutes owners living in the nation’s high housing 1852 on the House floor this week. Again, the time for the second electronic vote cost markets with a safe FHA loan alter- NAHB will KEY VOTE the vote on passage of in this series.

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K18SE7.066 H18SEPT1 bajohnson on PROD1PC71 with HOUSE September 18, 2007 CONGRESSIONAL RECORD — HOUSE H10477 AMENDMENT NO. 5 OFFERED BY MR. Cummings King (NY) Reyes So the amendment was rejected. HENSARLING. Davis (AL) Klein (FL) Richardson Davis (CA) Kucinich Rodriguez The result of the vote was announced The CHAIRMAN. The unfinished Davis (IL) Lampson Ross as above recorded. business is the demand for a recorded Davis, Lincoln Langevin Rothman Stated for: vote on the amendment offered by the DeFazio Lantos Roybal-Allard Mr. HERGER. Madam Chairman, on rollcall gentleman from Texas (Mr. DeGette Larsen (WA) Ruppersberger Delahunt Larson (CT) Rush No. 873, I inadvertently voted ‘‘nay.’’ I meant HENSARLING) on which further pro- DeLauro LaTourette Ryan (OH) to vote ‘‘aye.’’ ceedings were postponed and on which Dent Lee Salazar the noes prevailed by voice vote. Dicks Levin Sa´ nchez, Linda AMENDMENT NO. 7 OFFERED BY MRS. BIGGERT Dingell Lewis (CA) T. The Clerk will redesignate the Doggett Lewis (GA) Sanchez, Loretta The CHAIRMAN. The unfinished amendment. Donnelly Lipinski Sarbanes business is the demand for a recorded The Clerk redesignated the amend- Doyle LoBiondo Saxton vote on the amendment offered by the Edwards Loebsack Schakowsky gentlewoman from Illinois (Mrs. ment. Ellison Lofgren, Zoe Schiff BIGGERT) on which further proceedings RECORDED VOTE Ellsworth Lowey Schwartz Emanuel Lynch Scott (GA) were postponed and on which the noes The CHAIRMAN. A recorded vote has Emerson Mahoney (FL) Scott (VA) prevailed by voice vote. been demanded. Engel Maloney (NY) Serrano The Clerk will redesignate the A recorded vote was ordered. English (PA) Markey Sestak Eshoo Marshall Shays amendment. The vote was taken by electronic de- Etheridge Matheson Shea-Porter The Clerk redesignated the amend- vice, and there were—ayes 148, noes 280, Faleomavaega Matsui Sherman not voting 9, as follows: Farr McCarthy (NY) Shuler ment. Fattah McCollum (MN) Simpson RECORDED VOTE [Roll No. 873] Ferguson McDermott Sires AYES—148 Filner McGovern Skelton The CHAIRMAN. A recorded vote has Frank (MA) McHugh Slaughter Aderholt Forbes Miller (FL) been demanded. Frelinghuysen McIntyre Smith (NJ) Akin Fortenberry Miller (MI) A recorded vote was ordered. Gerlach McKeon Smith (WA) Bachmann Fortun˜ o Moran (KS) Giffords McMorris Snyder The CHAIRMAN. This will be a 5- Bachus Fossella Musgrave Gilchrest Rodgers Solis Baker Foxx minute vote. Myrick Gillibrand McNerney Souder Barrett (SC) Franks (AZ) Neugebauer Gonzalez McNulty Space The vote was taken by electronic de- Barton (TX) Gallegly Nunes Gordon Meek (FL) Spratt vice, and there were—ayes 175, noes 252, Biggert Garrett (NJ) Paul Green, Al Meeks (NY) Stark Bilbray Gingrey not voting 10, as follows: Pearce Green, Gene Melancon Stupak Bilirakis Gohmert Pence Grijalva Michaud Sutton [Roll No. 874] Bishop (UT) Goode Peterson (PA) Gutierrez Miller (NC) Tanner Blackburn Goodlatte AYES—175 Petri Hall (NY) Miller, Gary Tauscher Blunt Granger Pickering Hare Miller, George Taylor Aderholt Fortenberry Miller (FL) Boehner Graves Pitts Harman Mitchell Terry Akin Fortun˜ o Miller (MI) Bonner Hall (TX) Poe Hastings (FL) Mollohan Thompson (CA) Alexander Fossella Moran (KS) Bono Hastert Price (GA) Herger Moore (KS) Thompson (MS) Bachmann Foxx Murphy, Tim Boozman Hastings (WA) Pryce (OH) Herseth Sandlin Moore (WI) Tierney Bachus Franks (AZ) Musgrave Boustany Hayes Putnam Higgins Moran (VA) Towns Baker Gallegly Myrick Brady (TX) Heller Radanovich Hill Murphy (CT) Turner Barrett (SC) Garrett (NJ) Neugebauer Broun (GA) Hensarling Reynolds Hinchey Murphy, Patrick Udall (CO) Bartlett (MD) Gilchrest Nunes Brown (SC) Hoekstra Hinojosa Murphy, Tim Udall (NM) Barton (TX) Gingrey Paul Buchanan Hulshof Rogers (AL) Hirono Murtha Upton Biggert Gohmert Burgess Hunter Rogers (KY) Pearce Hobson Nadler Van Hollen Bilbray Goode Burton (IN) Inglis (SC) Rogers (MI) Pence Hodes Napolitano Vela´ zquez Bilirakis Goodlatte Buyer Issa Rohrabacher Peterson (PA) Holden Neal (MA) Visclosky Bishop (UT) Granger Camp (MI) Johnson, Sam Ros-Lehtinen Petri Holt Norton Walberg Blackburn Graves Campbell (CA) Jordan Roskam Pickering Honda Oberstar Walden (OR) Blunt Hall (TX) Cannon Keller Royce Pitts Hooley Obey Walsh (NY) Boehner Hastert Cantor King (IA) Ryan (WI) Poe Hoyer Olver Walz (MN) Bonner Hastings (WA) Carter Kingston Sali Price (GA) Inslee Ortiz Wasserman Bono Hayes Chabot Kirk Schmidt Pryce (OH) Israel Pallone Schultz Boozman Heller Coble Kline (MN) Sensenbrenner Putnam Jackson (IL) Pascrell Waters Boustany Hensarling Conaway Kuhl (NY) Sessions Radanovich Jackson-Lee Pastor Watson Brady (TX) Herger Crenshaw LaHood Shadegg Regula (TX) Payne Watt Broun (GA) Hobson Culberson Lamborn Shimkus Jefferson Perlmutter Waxman Brown (SC) Hoekstra Rehberg Davis (KY) Latham Shuster Johnson (GA) Peterson (MN) Weiner Brown-Waite, Hulshof Renzi Davis, David Lewis (KY) Smith (NE) Johnson (IL) Platts Welch (VT) Ginny Hunter Reynolds Davis, Tom Linder Smith (TX) Johnson, E. B. Pomeroy Weller Buchanan Inglis (SC) Rogers (AL) Deal (GA) Lucas Stearns Jones (NC) Porter Wexler Burgess Issa Rogers (KY) Diaz-Balart, L. Lungren, Daniel Sullivan Jones (OH) Price (NC) Wilson (NM) Burton (IN) Johnson (IL) Rogers (MI) Diaz-Balart, M. E. Thornberry Kagen Rahall Wilson (OH) Buyer Johnson, Sam Rohrabacher Doolittle Mack Tiahrt Kanjorski Ramstad Wolf Camp (MI) Jones (NC) Ros-Lehtinen Drake Manzullo Tiberi Kaptur Rangel Woolsey Campbell (CA) Jordan Roskam Dreier Marchant Wamp Kennedy Regula Wu Cannon Keller Royce Duncan McCarthy (CA) Weldon (FL) Kildee Rehberg Wynn Cantor King (IA) Ryan (WI) Ehlers McCaul (TX) Westmoreland Kilpatrick Reichert Yarmuth Carter King (NY) Sali Everett McCotter Whitfield Kind Renzi Young (FL) Castle Kingston Schmidt Fallin McCrery Wicker Chabot Kirk Sensenbrenner Feeney McHenry Wilson (SC) NOT VOTING—9 Coble Kline (MN) Sessions Flake Mica Young (AK) Cole (OK) Kuhl (NY) Allen Cole (OK) Jindal Shadegg Conaway LaHood Becerra Cubin Knollenberg Shays NOES—280 Crenshaw Lamborn Carney Davis, Jo Ann Tancredo Shimkus Abercrombie Bordallo Carson Culberson Latham Shuster Ackerman Boren Castle b 1432 Davis (KY) LaTourette Alexander Boswell Castor Davis, David Lewis (KY) Simpson Altmire Boucher Chandler Messrs. HODES, ORTIZ, OBEY, Davis, Tom Linder Smith (NE) Andrews Boyd (FL) Christensen RICHARDSON, PASTOR, ALEX- Deal (GA) Lucas Smith (TX) Souder Arcuri Boyda (KS) Clarke ANDER, REHBERG, TERRY, BISHOP Diaz-Balart, L. Lungren, Daniel Baca Brady (PA) Clay Diaz-Balart, M. E. Stearns Baird Braley (IA) Cleaver of Georgia, BARTLETT of Maryland, Doolittle Mack Sullivan Baldwin Brown, Corrine Clyburn MCKEON, LEWIS of California, Ms. Drake Manzullo Terry Barrow Brown-Waite, Cohen GINNY BROWN-WAITE of Florida and Dreier Marchant Thornberry Bartlett (MD) Ginny Conyers Duncan McCarthy (CA) Tiahrt Bean Butterfield Cooper Ms. JACKSON-LEE of Texas changed Ehlers McCaul (TX) Tiberi Berkley Calvert Costa their vote from ‘‘aye’’ to ‘‘no.’’ Emerson McCotter Turner Berman Capito Costello Mr. LUCAS, Ms. PRYCE of Ohio, Mr. Everett McCrery Walberg Berry Capps Courtney HOEKSTRA, Mr. BOOZMAN, Mrs. Fallin McHenry Wamp Bishop (GA) Capuano Cramer Feeney McMorris Weldon (FL) Bishop (NY) Cardoza Crowley MUSGRAVE and Mr. KING of Iowa Flake Rodgers Weller Blumenauer Carnahan Cuellar changed their vote from ‘‘no’’ to ‘‘aye.’’ Forbes Mica Westmoreland

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Whitfield Wilson (NM) Wolf ANNOUNCEMENT BY THE CHAIRMAN ‘‘(bb) A driver’s license or identification Wicker Wilson (SC) Young (AK) The CHAIRMAN (during the vote). card issued by a State in the case of a State that is in compliance with title II of the NOES—252 Members are advised that there are 2 minutes remaining in this vote. REAL ID Act of 2005 (title II of division B of Ackerman Green, Gene Oberstar Public Law 109-13; 49 U.S.C. 30301 note). Altmire Grijalva Obey b 1440 ‘‘(II) PASSPORT.—A passport issued by the Andrews Gutierrez Olver United States or a foreign government. Arcuri Hall (NY) Ortiz So the amendment was rejected. The result of the vote was announced ‘‘(III) USCIS PHOTO IDENTIFICATION CARD.— Baca Hare Pallone A photo identification card issued by the Baird Harman Pascrell as above recorded. Secretary of Homeland Security (acting Baldwin Hastings (FL) Pastor The CHAIRMAN. Under the rule, the Barrow Herseth Sandlin Payne through the Director of the United States Committee rises. Citizenship and Immigration Services). Bean Higgins Perlmutter Accordingly, the Committee rose; Becerra Hill Peterson (MN) ‘‘(ii) REGULATIONS.—The Federal official Berkley Hinchey Platts and the Speaker pro tempore (Mr. responsible for administering the affordable Berman Hinojosa Pomeroy HOLDEN) having assumed the chair, housing fund referred to in subparagraph (A) Berry Hirono Porter Mrs. JONES of Ohio, Chairman of the shall, by regulation, require that each grant- Bishop (GA) Hodes Price (NC) Committee of the Whole House on the ee and recipient of assistance from such fund Bishop (NY) Holden Rahall state of the Union, reported that that take such actions as such official considers Blumenauer Holt Ramstad necessary to ensure compliance with the re- Bordallo Honda Rangel Committee, having had under consider- quirements of clause (i).’’. Boren Hooley Reichert ation the bill (H.R. 1852) to modernize Boswell Hoyer Reyes and update the National Housing Act b 1445 Boucher Inslee Richardson Boyd (FL) Israel Rodriguez and enable the Federal Housing Admin- The SPEAKER pro tempore. The gen- Boyda (KS) Jackson (IL) Ross istration to use risk-based pricing to tleman from Georgia is recognized for 5 Brady (PA) Jackson-Lee Rothman more effectively reach underserved minutes. Braley (IA) (TX) Roybal-Allard borrowers, and for other purposes, pur- Brown, Corrine Jefferson Ruppersberger Mr. PRICE of Georgia. Mr. Speaker, Butterfield Johnson (GA) Rush suant to House Resolution 650, she re- this is a commonsense motion to re- Calvert Johnson, E. B. Ryan (OH) ported the bill, as amended by that res- commit that would require that any in- Capito Jones (OH) Salazar olution, back to the House with sundry dividual or household receiving money Capps Kagen Sa´ nchez, Linda further amendments adopted by the from the Affordable Housing Fund Capuano Kanjorski T. Committee of the Whole. Cardoza Kaptur Sanchez, Loretta must present verification of legal resi- Carnahan Kennedy Sarbanes The SPEAKER pro tempore. Under dency by a secure identification docu- Carson Kildee Saxton the rule, the previous question is or- ment. Castor Kilpatrick Schakowsky dered. Americans believe that it’s appro- Chandler Kind Schiff Is a separate vote demanded on any priate to ask those receiving hard- Christensen Klein (FL) Schwartz further amendment reported from the Clarke Kucinich Scott (GA) earned taxpayer dollars, taxpayer as- Clay Lampson Scott (VA) Committee of the Whole? If not, the sistance, that it’s right to establish Cleaver Langevin Serrano Chair will put them en gros. that they are legal residents of the Clyburn Lantos Sestak The amendments were agreed to. Cohen Larsen (WA) Shea-Porter United States. It’s common sense. The SPEAKER pro tempore. The Across the country, whether it’s Den- Conyers Larson (CT) Sherman question is on the engrossment and Cooper Lee Shuler ver, where in 2006 there were an esti- Costa Levin Sires third reading of the bill. mated 20,000 illegal immigrants hold- The bill was ordered to be engrossed Costello Lewis (CA) Skelton ing FHA insured loans, or L.A. or At- Courtney Lewis (GA) Slaughter and read a third time, and was read the lanta, where similar activity occurs, il- Cramer Lipinski Smith (NJ) third time. Crowley LoBiondo Smith (WA) legal immigrants are being given un- Cuellar Loebsack Snyder MOTION TO RECOMMIT OFFERED BY MR. PRICE precedented access to taxpayer benefits OF GEORGIA Cummings Lofgren, Zoe Solis and taxpayer money. In many of these Davis (AL) Lowey Space Mr. PRICE of Georgia. Mr. Speaker, I cases of FHA loans, the documents sub- Davis (CA) Lynch Spratt offer a motion to recommit. Davis (IL) Mahoney (FL) Stark The SPEAKER pro tempore. Is the mitted with their applications later Maloney (NY) Stupak Davis, Lincoln gentleman opposed to the bill? proved to be false, resident alien num- DeFazio Markey Tanner bers that were never issued, or Social DeGette Marshall Tauscher Mr. PRICE of Georgia. In its current Delahunt Matheson Taylor form, I am. Security numbers belonging to other DeLauro Matsui Thompson (CA) The SPEAKER pro tempore. The people, or W–2 forms that were fab- Dent McCarthy (NY) Thompson (MS) Clerk will report the motion to recom- ricated. In the case of financial institu- McCollum (MN) Tierney Dicks mit. tions, minimal documents are required Dingell McDermott Towns by their regulators to establish a new Doggett McGovern Udall (CO) The Clerk read as follows: Donnelly McHugh Udall (NM) Mr. Price of Georgia moves to recommit customer’s identity to open accounts. Doyle McIntyre Upton the bill H.R. 1852 to the Committee on Fi- The current loopholes in Federal law Edwards McKeon Van Hollen nancial Services with instructions that the are an invitation, they’re an attrac- Ellison McNerney Vela´ zquez Committee report the same back promptly tion, they’re a magnet to illegal immi- Ellsworth McNulty Visclosky with the following amendment: Emanuel Meek (FL) Walden (OR) Page 64, strike line 6, and insert the fol- gration. We must not reward those Engel Meeks (NY) Walsh (NY) lowing: coming here illegally by allowing them English (PA) Melancon Walz (MN) (4) AFFORDABLE HOUSING FUND.— the services that ought to be only af- Eshoo Michaud Wasserman (A) IN GENERAL.—For each fis- forded to American citizens and they’re Etheridge Miller (NC) Schultz Faleomavaega Miller, Gary Waters Page 64, after line 13, insert the following: here legally. If we do so, this results in Farr Miller, George Watson ‘‘(B) LIMITATION ON USE OF FUNDS.— back-door amnesty. Fattah Mitchell Watt ‘‘(i) IN GENERAL.—Amounts made available This motion to recommit would re- Ferguson Mollohan Waxman pursuant to subparagraph (A) for affordable quire that the Federal official respon- Filner Moore (KS) Weiner housing fund referred to in such subpara- Frank (MA) Moore (WI) Welch (VT) graph may not be used for, or on behalf of, sible for administering the Housing Frelinghuysen Moran (VA) Wexler any individual or household unless the indi- Trust Fund ensure that any assistance Gerlach Murphy (CT) Wilson (OH) vidual provides, or, in the case of a house- provided from the Affordable Housing Giffords Murphy, Patrick Woolsey hold, all adult members of the household Fund must require that all adults are Gillibrand Murtha Wu Gonzalez Nadler Wynn provide, personal identification in one of the legal residents of the United States. Gordon Napolitano Yarmuth following forms: Simple common sense. Green, Al Neal (MA) Young (FL) ‘‘(I) SOCIAL SECURITY CARD WITH PHOTO Recipients may use one of three dif- IDENTIFICATION CARD OR REAL ID ACT IDENTI- ferent forms of identification. These NOT VOTING—10 FICATION.— ‘‘(aa) A social security card accompanied forms are considered the most secure Abercrombie Davis, Jo Ann Sutton types of identification because they’re Allen Jindal Tancredo by a photo identification card issued by the Carney Knollenberg Federal Government or a State Government; harder to forge or to duplicate. They’re Cubin Norton or all issued by a government agency

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\A18SE7.026 H18SEPT1 bajohnson on PROD1PC71 with HOUSE September 18, 2007 CONGRESSIONAL RECORD — HOUSE H10479 which has more checks and balances, Mr. FRANK of Massachusetts. Mr. up. How quickly could we do it? Well, I more checks and balances preventing Speaker, I rise in opposition to the mo- don’t think I can have this markup on illegal immigrants or criminals or ter- tion. Yom Kippur. There may be a lot to rorists from obtaining these docu- The SPEAKER pro tempore. The gen- atone for in this amendment, but I ments. tleman is recognized for 5 minutes. can’t have it on Friday. Everyone who is in the United States Mr. FRANK of Massachusetts. Mr. So we go over to next week. We have legally can easily obtain one of the Speaker, I ask the Members to follow markups scheduled next week on HOPE three identification forms, but illegal closely because there are some unusual VI and on flood insurance and other immigrants, criminals, and terrorists twists and turns even to this. important issues, so we couldn’t get to would have to go to significant lengths In the first place, the gentleman this for a couple of weeks. And then to receive one. talked about people getting FHA loans when we do get to it, the clappers over Now, we have offered this type of who weren’t here legally, and he made there are going to offer a whole bunch amendment to bills in the past on this a big point of that. As he later ac- of amendments. floor, and it’s needed on this bill as knowledged, the bill, as reported, al- Now, if the gentleman just wanted to well, as there appears to be no end in ready deals with that. put this into the program that doesn’t sight to the appetite of our friends in The gentleman from Georgia is so en- yet exist, and that he will have a the majority to provide taxpayer bene- amored of this amendment that he’s of- chance to do it later, he could have fits to illegals against the will and fering it twice to this bill. Now, he’s said ‘‘forthwith.’’ Members are asked, against the desire of the American peo- making up for the fact that last week when they rise on a recommit, are you ple. he wanted to offer it and couldn’t. The opposed to the bill? The gentleman Now, you will hear that this MTR, gentleman from Georgia had filed in from Georgia honestly answered that this motion to recommit, provides for the CONGRESSIONAL RECORD a version of he is. And he used the choice he had to the committee to report back promptly this amendment to offer to the Native substantially delay this bill. No, not and that that would ‘‘kill the bill.’’ But American housing bill to prevent ille- kill it, but this will delay this bill by we all know that’s not true. In fact, the gal immigrant Native Americans from several weeks in the midst of this Speaker has previously ruled that any sneaking in. And when we pointed that subprime crisis. bill adopted with this language could out, the gentleman from Georgia for I would say to Members, preventing readily be returned to the House floor once thought better of it and didn’t the FHA loans from going there, that’s with the new language. offer the amendment. I think he was already in the bill. Read pages 54 and You will hear that those already here afraid that the Indians would have following. The Affordable Housing illegally cannot get federally sub- said, you know, sir, that’s a good idea, Trust Fund, it will be created later. sidized benefits. Then because it’s clear why didn’t we think of it? I’m sure the gentleman will offer that that there are currently some loop- But now, in the amendment, the gen- amendment again and you will have a holes in our current system, we ought tleman offered this amendment in com- chance to vote on it. not have any problem adopting more mittee, so the illustration he gave of So the sole effect of voting for this enforceable criteria for legal docu- how they are getting FHA loans when recommit is substantially to delay the mentation. they shouldn’t, that’s already in the bill on the FHA because the program You will hear that if you don’t drive that the bill covers, this amendment bill. What he has done now is to say or you don’t travel to foreign coun- applies already from the committee. that this should apply to the Afford- tries, that this is an undue burden. But And the program that he would apply able Housing Trust Fund, which is not the American people don’t believe that it to is not yet in existence and won’t created by this bill. The bill does say it is inappropriate to ask those citizens be in existence until we vote. receiving Federal taxpayer assistance that if we later, on the floor of this And for Members who worry about to first establish that they are legal House, created an affordable housing some cheap shot ad that says, oh, well, residents of the United States. trust fund, funds from the FHA excess, ‘‘promptly,’’ ‘‘forthwith,’’ too com- You will hear that this might lead us if there are any, will go into it. So plicated, I hope people don’t vote for down the path to using Social Security there is plenty of time when we deal this amendment. Many of them will. as a universal identifier. But if you with the Affordable Housing Trust You will have a chance to vote for it. read this motion, what it does is sim- Fund. Long before the next election, the gen- ply provide for an array of options for So last week he couldn’t offer the tleman from Georgia will have offered secure IDs that all Americans and legal amendment to keep the illegal immi- this amendment four more times, at immigrants have ready access to. Sim- grants out of the Navajo housing. This least. We’ve got more bills in our comple common sense. week, he’s already got it in the bill mittee, and so you will have the chance You may hear that it’s already in the that covers the bill before us, but he to vote for it. bill. Well, in fact it is, Mr. Speaker; but has now got amendment envy in the Please, if you support the low-income it doesn’t cover the Affordable Housing worst way, so he’s going to offer it to Housing Trust Fund as a concept and Fund. The current regulations to es- a program that doesn’t exist yet, pre- want the funding available when we set tablish a customer’s identity do a dis- empting our chance to do it. Even that it up, if you support, in particular, the service to the American people. Great- wouldn’t be a problem except that he President’s request that we move er clarification in this area will help could have said ‘‘forthwith.’’ He said promptly to let the FHA be available stem the tide of illegal immigrants. ‘‘promptly.’’ It doesn’t kill the bill; it for the subprime crisis, do not vote for The Federal Government should not significantly delays it. a recommit whose sole effect will be to be operating under obscure parameters If this comes back to the Committee delay for several weeks passage of this that do not serve our Nation. We can on Financial Services, it is now wide bill. It won’t kill it, but a several-week and should strengthen these regula- open. The committee then has a mark- delay. I’ve got to hold off and call the tions to protect the American people. up, and any amendment can be offered. hearing, we have to then have a long This is a much more appropriate so- And I will tell my colleagues that there markup, they will be offering more lution to the problem of back-door am- are Members, yes, there is your indica- amendments. It will substantially nesty than simply saying that we’re tion of what will happen, this will be delay a very important bill, and I hope not going to let illegal immigrants live filibustered again. Thank you for your Members will defeat it. in government-subsidized housing. To honesty. I appreciate it. If this bill The SPEAKER pro tempore. Without the best of our ability, we must elimi- comes back to committee, it will be objection, the previous question is or- nate using hard-earned American tax- wide open. dered on the motion to recommit. payer money to subsidize illegal activ- We are in the midst of a crisis. The There was no objection. ity. This motion to recommit does just President said last month, please pass The SPEAKER pro tempore. The that, and I urge my colleagues to sup- the FHA bill promptly. Even the question is on the motion to recommit. port the motion. United States Senate is now acting on The question was taken; and the Mr. Speaker, I yield back the balance this bill. If it comes back to com- Speaker pro tempore announced that of my time. mittee, I have 3 days to notice a mark- the noes appeared to have it.

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K18SE7.073 H18SEPT1 bajohnson on PROD1PC71 with HOUSE H10480 CONGRESSIONAL RECORD — HOUSE September 18, 2007 Mr. PRICE of Georgia. Mr. Speaker, Brady (PA) Hooley Peterson (MN) The vote was taken by electronic de- Braley (IA) Hoyer Pomeroy on that I demand the yeas and nays. Brown, Corrine Inslee Price (NC) vice, and there were—ayes 348, noes 72, The yeas and nays were ordered. Butterfield Israel Rahall not voting 12, as follows: Capps Jackson (IL) Rangel The SPEAKER pro tempore. Pursu- [Roll No. 876] ant to clause 8 and clause 9 of rule XX, Capuano Jackson-Lee Renzi Cardoza (TX) Reyes AYES—348 this 15-minute vote on the motion to Carnahan Jefferson Richardson recommit will be followed by 5-minute Carson Johnson (GA) Rodriguez Abercrombie Ellsworth Loebsack Ackerman Emanuel Lofgren, Zoe votes on passage of H.R. 1852, if or- Castor Johnson, E. B. Ross Chandler Jones (OH) Rothman Aderholt Emerson Lowey dered, and suspending the rules and Clarke Kagen Roybal-Allard Alexander Engel Lungren, Daniel passing H.R. 3096. Clay Kanjorski Ruppersberger Altmire English (PA) E. Arcuri Eshoo Lynch The vote was taken by electronic de- Cleaver Kaptur Rush Clyburn Kennedy Ryan (OH) Baca Etheridge Mahoney (FL) vice, and there were—yeas 209, nays Cohen Kildee Salazar Baird Everett Maloney (NY) 216, not voting 8, as follows: Conyers Kilpatrick Sali Baldwin Fallin Marchant ´ Barrow Farr Markey [Roll No. 875] Cooper Kind Sanchez, Linda Costa Klein (FL) T. Bartlett (MD) Fattah Marshall YEAS—209 Costello Kucinich Sanchez, Loretta Bean Ferguson Matheson Courtney Langevin Sarbanes Becerra Filner Matsui Aderholt Fossella Murphy, Patrick Cramer Lantos Schakowsky Berkley Fortenberry McCarthy (CA) Akin Foxx Murphy, Tim Crowley Larsen (WA) Schiff Berry Fossella McCarthy (NY) Alexander Franks (AZ) Musgrave Cuellar Larson (CT) Schwartz Biggert Frank (MA) McCaul (TX) Altmire Frelinghuysen Myrick Cummings Lee Scott (GA) Bilirakis Frelinghuysen McCollum (MN) Bachmann Gallegly Neugebauer Davis (AL) Levin Scott (VA) Bishop (GA) Gallegly McCotter Bachus Garrett (NJ) Nunes Davis (CA) Lewis (GA) Serrano Bishop (NY) Gerlach McDermott Baker Gerlach Paul Davis (IL) Lipinski Sestak Blumenauer Giffords McGovern Barrett (SC) Giffords Pearce Davis, Lincoln Loebsack Shea-Porter Blunt Gilchrest McHugh Barrow Gilchrest Pence DeGette Lofgren, Zoe Sherman Bonner Gillibrand McIntyre Bartlett (MD) Gingrey Peterson (PA) Delahunt Lowey Sires Bono Gohmert McKeon Barton (TX) Gohmert Petri DeLauro Lynch Skelton Boozman Gonzalez McMorris Bean Goode Pickering Dicks Mahoney (FL) Slaughter Boren Goodlatte Rodgers Biggert Goodlatte Pitts Dingell Maloney (NY) Smith (WA) Boswell Gordon McNerney Bilbray Granger Platts Doggett Markey Snyder Boucher Granger McNulty Bilirakis Graves Poe Doyle Matheson Solis Boyd (FL) Graves Meek (FL) Bishop (UT) Hall (TX) Porter Edwards Matsui Spratt Boyda (KS) Green, Gene Meeks (NY) Blackburn Hastert Price (GA) Ellison McCarthy (NY) Stark Brady (PA) Grijalva Melancon Blunt Hastings (WA) Pryce (OH) Emanuel McCollum (MN) Stupak Brady (TX) Gutierrez Michaud Boehner Hayes Putnam Engel McDermott Sutton Braley (IA) Hall (NY) Miller (MI) Bonner Heller Radanovich Eshoo McGovern Tanner Brown (SC) Hall (TX) Miller (NC) Bono Hensarling Ramstad Etheridge McNulty Tauscher Brown, Corrine Hare Miller, Gary Boozman Herger Regula Farr Meek (FL) Taylor Brown-Waite, Harman Miller, George Boswell Hobson Rehberg Fattah Meeks (NY) Thompson (CA) Ginny Hastings (FL) Mitchell Boustany Hoekstra Reichert Filner Melancon Thompson (MS) Buchanan Hayes Mollohan Brady (TX) Hulshof Reynolds Frank (MA) Michaud Tierney Burton (IN) Heller Moore (KS) Broun (GA) Hunter Rogers (AL) Gillibrand Miller (NC) Towns Butterfield Herseth Sandlin Moore (WI) Brown (SC) Inglis (SC) Rogers (KY) Gonzalez Miller, George Udall (CO) Calvert Higgins Moran (KS) Brown-Waite, Issa Rogers (MI) Gordon Mollohan Udall (NM) Camp (MI) Hill Moran (VA) Ginny Johnson (IL) Rohrabacher Green, Al Moore (KS) Van Hollen Capito Hinchey Murphy, Patrick Buchanan Johnson, Sam Ros-Lehtinen Green, Gene Moore (WI) Vela´ zquez Capps Hinojosa Murphy, Tim Burgess Jones (NC) Roskam Grijalva Moran (VA) Visclosky Capuano Hirono Murtha Burton (IN) Jordan Royce Gutierrez Murphy (CT) Walz (MN) Cardoza Hobson Nadler Buyer Keller Ryan (WI) Hall (NY) Murtha Wasserman Carnahan Hodes Napolitano Calvert King (IA) Saxton Hare Nadler Schultz Carson Holden Neal (MA) Camp (MI) King (NY) Schmidt Harman Napolitano Waters Carter Holt Oberstar Campbell (CA) Kingston Sensenbrenner Hastings (FL) Neal (MA) Watson Castle Honda Obey Cannon Kirk Sessions Herseth Sandlin Oberstar Watt Castor Hooley Olver Cantor Kline (MN) Shadegg Higgins Obey Waxman Chabot Hoyer Ortiz Capito Kuhl (NY) Shays Hill Olver Weiner Chandler Hulshof Pallone Carter LaHood Shimkus Hinchey Ortiz Welch (VT) Clarke Hunter Pascrell Castle Lamborn Hinojosa Pallone Wexler Clay Inslee Pastor Chabot Lampson Shuler Hirono Pascrell Wilson (OH) Cleaver Israel Payne Coble Latham Shuster Hodes Pastor Woolsey Clyburn Jackson (IL) Perlmutter Cole (OK) LaTourette Simpson Holden Payne Wu Coble Jackson-Lee Peterson (MN) Conaway Lewis (CA) Smith (NE) Smith (NJ) Holt Pelosi Wynn Cohen (TX) Peterson (PA) Crenshaw Lewis (KY) Cole (OK) Smith (TX) Honda Perlmutter Yarmuth Jefferson Pitts Culberson Linder Conyers Johnson (GA) Platts Souder Davis (KY) LoBiondo Cooper Johnson (IL) Poe Space NOT VOTING—8 Davis, David Lucas Costa Johnson, E. B. Pomeroy Stearns Allen Davis, Jo Ann McNerney Davis, Tom Lungren, Daniel Costello Jones (NC) Porter Sullivan Carney Jindal Tancredo Deal (GA) E. Courtney Jones (OH) Price (NC) Terry Cubin Knollenberg DeFazio Mack Cramer Kagen Pryce (OH) Thornberry Dent Manzullo Crenshaw Kanjorski Rahall Tiahrt Diaz-Balart, L. Marchant Crowley Kaptur Ramstad Tiberi b 1514 Diaz-Balart, M. Marshall Cuellar Keller Rangel Turner Donnelly McCarthy (CA) Messrs. LINDER, RAMSTAD and Cummings Kennedy Regula Doolittle McCaul (TX) Upton DONNELLY changed their vote from Davis (AL) Kildee Rehberg Drake McCotter Walberg Davis (CA) Kilpatrick Reichert Dreier McCrery Walden (OR) ‘‘nay’’ to ‘‘yea.’’ Davis (IL) Kind Renzi Duncan McHenry Walsh (NY) So the motion to recommit was re- Davis, David King (NY) Reyes Ehlers McHugh Wamp jected. Davis, Lincoln Kirk Reynolds Ellsworth McIntyre Weldon (FL) Davis, Tom Klein (FL) Richardson Emerson McKeon Weller The result of the vote was announced DeFazio Kucinich Rodriguez English (PA) McMorris Westmoreland as above recorded. DeGette Kuhl (NY) Rogers (AL) Everett Rodgers Whitfield The SPEAKER pro tempore. The Delahunt LaHood Rogers (KY) Fallin Mica Wicker DeLauro Lampson Rogers (MI) Feeney Miller (FL) Wilson (NM) question is on the passage of the bill. Dent Langevin Rohrabacher Ferguson Miller (MI) Wilson (SC) The question was taken; and the Diaz-Balart, L. Lantos Ros-Lehtinen Wolf Flake Miller, Gary Speaker pro tempore announced that Diaz-Balart, M. Larsen (WA) Ross Forbes Mitchell Young (AK) Dicks Larson (CT) Rothman Fortenberry Moran (KS) Young (FL) the ayes appeared to have it. Dingell Latham Roybal-Allard RECORDED VOTE Doggett LaTourette Ruppersberger NAYS—216 Donnelly Lee Rush Abercrombie Baldwin Bishop (NY) Mr. KIRK. Mr. Speaker, I demand a Doolittle Levin Ryan (OH) Ackerman Becerra Blumenauer recorded vote. Doyle Lewis (CA) Salazar Andrews Berkley Boren A recorded vote was ordered. Drake Lewis (GA) Sa´ nchez, Linda Arcuri Berman Boucher Duncan Lewis (KY) T. Baca Berry Boyd (FL) The SPEAKER pro tempore. This Edwards Lipinski Sanchez, Loretta Baird Bishop (GA) Boyda (KS) will be a 5-minute vote. Ellison LoBiondo Sarbanes

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K18SE7.075 H18SEPT1 bajohnson on PROD1PC71 with HOUSE September 18, 2007 CONGRESSIONAL RECORD — HOUSE H10481 Saxton Souder Walsh (NY) the gentleman from American Samoa Meeks (NY) Reichert Souder Schakowsky Space Walz (MN) Melancon Renzi Space Schiff Spratt Wamp (Mr. FALEOMAVAEGA) that the House Mica Reyes Spratt Schmidt Stark Wasserman suspend the rules and pass the bill, Michaud Reynolds Stark Schwartz Stupak Schultz H.R. 3096, as amended. Miller (FL) Richardson Stearns Scott (GA) Sutton Waters This will be a 5-minute vote. Miller (MI) Rodriguez Stupak Scott (VA) Tanner Watson Miller (NC) Rogers (AL) Sullivan Serrano Tauscher Watt The vote was taken by electronic de- Miller, Gary Rogers (KY) Sutton Sessions Taylor Waxman vice, and there were—yeas 414, nays 3, Miller, George Rogers (MI) Tanner Sestak Terry Weiner not voting 15 as follows: Mitchell Rohrabacher Tauscher Shays Thompson (CA) Welch (VT) Mollohan Ros-Lehtinen Taylor Shea-Porter Thompson (MS) Weldon (FL) [Roll No. 877] Moore (KS) Roskam Terry Sherman Thornberry Weller YEAS—414 Moore (WI) Ross Thompson (CA) Shimkus Tiahrt Westmoreland Moran (KS) Rothman Thompson (MS) Shuler Tiberi Wexler Abercrombie Culberson Hoekstra Moran (VA) Roybal-Allard Thornberry Shuster Tierney Whitfield Ackerman Cummings Holden Murphy (CT) Royce Tiahrt Simpson Towns Wicker Aderholt Davis (AL) Holt Murphy, Patrick Ruppersberger Tiberi Sires Turner Wilson (NM) Akin Davis (CA) Honda Murphy, Tim Rush Tierney Skelton Udall (CO) Wilson (OH) Alexander Davis (IL) Hooley Murtha Ryan (OH) Turner Slaughter Udall (NM) Wolf Altmire Davis (KY) Hoyer Myrick Ryan (WI) Udall (CO) Smith (NE) Upton Woolsey Andrews Davis, David Hunter Nadler Salazar Udall (NM) Smith (NJ) Van Hollen Wu Arcuri Davis, Lincoln Inglis (SC) Napolitano Sali Upton Smith (TX) Vela´ zquez Wynn Baca Davis, Tom Inslee Neal (MA) Sa´ nchez, Linda Van Hollen Smith (WA) Visclosky Yarmuth Bachmann Deal (GA) Israel Neugebauer T. Vela´ zquez Snyder Walberg Young (AK) Bachus DeFazio Issa Nunes Sanchez, Loretta Visclosky Solis Walden (OR) Young (FL) Baird DeGette Jackson (IL) Oberstar Sarbanes Walberg Baker Delahunt Jackson-Lee Obey Saxton Walden (OR) NOES—72 Baldwin DeLauro (TX) Olver Schakowsky Walsh (NY) Barrett (SC) Akin Flake McCrery Dent Jefferson Ortiz Schiff Walz (MN) Barrow Bachmann Forbes McHenry Diaz-Balart, L. Johnson (GA) Pallone Schmidt Wamp Bartlett (MD) Bachus Foxx Mica Diaz-Balart, M. Johnson (IL) Pascrell Schwartz Wasserman Barton (TX) Baker Franks (AZ) Miller (FL) Dicks Johnson, E. B. Pastor Scott (GA) Schultz Bean Barrett (SC) Garrett (NJ) Musgrave Dingell Johnson, Sam Payne Scott (VA) Waters Becerra Barton (TX) Gingrey Myrick Doggett Jones (NC) Pearce Sensenbrenner Watson Berkley Bilbray Goode Neugebauer Donnelly Jones (OH) Pence Serrano Watt Berman Bishop (UT) Hastert Paul Doolittle Jordan Perlmutter Sessions Waxman Berry Blackburn Hastings (WA) Pearce Doyle Kagen Peterson (MN) Sestak Weiner Biggert Boehner Hensarling Pence Drake Kanjorski Peterson (PA) Shadegg Welch (VT) Bilbray Boustany Herger Petri Dreier Kaptur Petri Shays Weldon (FL) Bilirakis Broun (GA) Hoekstra Price (GA) Duncan Keller Pickering Shea-Porter Weller Bishop (GA) Burgess Inglis (SC) Putnam Ehlers Kennedy Pitts Sherman Westmoreland Bishop (NY) Buyer Issa Radanovich Ellison Kildee Platts Shimkus Wexler Bishop (UT) Campbell (CA) Johnson, Sam Roskam Ellsworth Kilpatrick Poe Shuler Whitfield Blackburn Cannon Jordan Royce Emanuel Kind Pomeroy Shuster Wicker Blumenauer Cantor King (IA) Ryan (WI) Emerson King (IA) Porter Simpson Wilson (NM) Blunt Conaway Kingston Sali Engel King (NY) Price (GA) Sires Wilson (OH) Boehner Culberson Kline (MN) Sensenbrenner English (PA) Kingston Price (NC) Skelton Wilson (SC) Bonner Davis (KY) Lamborn Shadegg Eshoo Klein (FL) Putnam Slaughter Wolf Bono Deal (GA) Linder Stearns Etheridge Kline (MN) Radanovich Smith (NE) Woolsey Boozman Dreier Lucas Sullivan Everett Kuhl (NY) Rahall Smith (NJ) Wu Boren Ehlers Mack Tancredo Fallin LaHood Ramstad Smith (TX) Wynn Boswell Feeney Manzullo Wilson (SC) Farr Lamborn Rangel Smith (WA) Yarmuth Boucher Fattah Lampson Regula Snyder Young (AK) NOT VOTING—12 Boustany Feeney Langevin Rehberg Solis Young (FL) Boyd (FL) Ferguson Lantos Allen Cubin Knollenberg Boyda (KS) Filner Larsen (WA) NAYS—3 Andrews Davis, Jo Ann Murphy (CT) Brady (PA) Forbes Larson (CT) Berman Green, Al Nunes Flake Paul Tancredo Brady (TX) Fortenberry Latham Carney Jindal Pickering Braley (IA) Fossella LaTourette NOT VOTING—15 ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Broun (GA) Foxx Lee Allen Davis, Jo Ann Knollenberg Brown (SC) Frank (MA) Levin The SPEAKER pro tempore (during Buchanan Edwards Kucinich Brown, Corrine Franks (AZ) Lewis (CA) Carney Hulshof Musgrave the vote). Members are advised 2 min- Brown-Waite, Frelinghuysen Lewis (GA) Cubin Jindal Pryce (OH) utes remain in this vote. Ginny Gallegly Lewis (KY) Cuellar Kirk Towns Burgess Garrett (NJ) Linder b 1521 Burton (IN) Gerlach Lipinski ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Butterfield Giffords LoBiondo The SPEAKER pro tempore (during Mr. POE changed his vote from ‘‘no’’ Buyer Gilchrest Loebsack to ‘‘aye.’’ Calvert Gillibrand Lofgren, Zoe the vote). Members are advised 2 min- So the bill was passed. Camp (MI) Gingrey Lowey utes remain in this vote. Campbell (CA) Gohmert Lucas The result of the vote was announced Cannon Gonzalez Lungren, Daniel b 1528 as above recorded. Cantor Goode E. So (two-thirds being in the affirma- A motion to reconsider was laid on Capito Goodlatte Lynch Capps Gordon Mack tive) the rules were suspended and the the table. Capuano Granger Mahoney (FL) bill, as amended, was passed. Stated for: Cardoza Graves Maloney (NY) The result of the vote was announced Mr. NUNES. Mr. Speaker, on rollcall No. Carnahan Green, Al Manzullo as above recorded. 876 I was inadvertently detained. Had I been Carson Green, Gene Marchant Carter Grijalva Markey A motion to reconsider was laid on present, I would have voted ‘‘aye.’’ Castle Gutierrez Marshall the table. Mr. BERMAN. Mr. Speaker, I inadvertently Castor Hall (NY) Matheson f missed the vote on rollcall 876. I had intended Chabot Hall (TX) Matsui to vote ‘‘aye.’’ Chandler Hare McCarthy (CA) AUTHORIZING THE CLERK TO Clarke Harman McCarthy (NY) MAKE CORRECTIONS IN EN- f Clay Hastert McCaul (TX) Cleaver Hastings (FL) McCollum (MN) GROSSMENT OF H.R. 1852, EX- VIETNAM HUMAN RIGHTS ACT OF Clyburn Hastings (WA) McCotter PANDING AMERICAN HOME- 2007 Coble Hayes McCrery OWNERSHIP ACT OF 2007 Cohen Heller McDermott The SPEAKER pro tempore. The un- Cole (OK) Hensarling McGovern Mr. FRANK of Massachusetts. Mr. finished business is the vote on the mo- Conaway Herger McHenry Speaker, I ask unanimous consent that Conyers Herseth Sandlin McHugh tion to suspend the rules and pass the Cooper Higgins McIntyre the Clerk be authorized to make tech- bill, H.R. 3096, as amended, on which Costa Hill McKeon nical corrections in the engrossment of the yeas and nays were ordered. Costello Hinchey McMorris H.R. 1852, to include corrections in The Clerk read the title of the bill. Courtney Hinojosa Rodgers spelling, punctuation, section num- Cramer Hirono McNerney The SPEAKER pro tempore. The Crenshaw Hobson McNulty bering and cross-referencing, and the question is on the motion offered by Crowley Hodes Meek (FL) insertion of appropriate headings.

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\A18SE7.029 H18SEPT1 bajohnson on PROD1PC71 with HOUSE H10482 CONGRESSIONAL RECORD — HOUSE September 18, 2007 The SPEAKER pro tempore. Is there Mr. Speaker, I rise today in support the Vietnam war, and that number is objection to the request of the gen- of House Resolution 326 commemo- just astounding as we think about the tleman from Massachusetts? rating the 25th anniversary of the Viet- current situation in Iraq; and, of There was no objection. nam Veterans Memorial right here in course, we mourn each and every one of f America’s capital city. I thank the those 3,600 lives that have been lost gentlewoman from Oregon (Ms. over a 4-year period of time. But Viet- ANNOUNCEMENT BY THE SPEAKER HOOLEY) for bringing this measure be- nam, 58,200 servicemembers died. The PRO TEMPORE fore the House. Wall has also become a national sym- The SPEAKER pro tempore. Pursu- In capturing the tremendous sacrifice bol of healing and coming together. ant to clause 8 of rule XX, the Chair of our servicemembers, this memorial In short, the Wall has achieved a pur- will postpone further proceedings has helped our Nation heal from the pose and effect well beyond the origi- today on motions to suspend the rules losses our communities suffered nal purpose, and no one who goes there on which a recorded vote or the yeas throughout the Vietnam war. Maya can escape the emotional, deep impact and nays are ordered, or on which the Lin, the wall’s designer, created the that it conveys. vote is objected to under clause 6 of monument in such a way as to ‘‘convey Mr. Speaker, it is entirely proper and rule XX. the sense of overwhelming numbers fitting to commemorate the Wall’s 25th Record votes on postponed questions while unifying those individuals into a anniversary. It honors the selfless sac- will be taken tomorrow. whole.’’ The Vietnam Memorial is a rifice of not only those who died, but f testament to the ultimate sacrifice also the service of more than 3 million those who serve in uniform have made Americans who served in the Armed b 1530 in defense of our Nation. Forces in Southeast Asia. And beyond COMMEMORATING THE 25TH ANNI- Over 4 million people visit the memo- that, the Vietnam Veterans Memorial VERSARY OF THE VIETNAM VET- rial each year. No one leaves unaf- has helped this Nation reunite after ERANS MEMORIAL fected by the experience. House Resolu- one of the most divisive times in this Ms. SHEA-PORTER. Mr. Speaker, I tion 326 is our way, as Members of the Nation’s history. For these reasons and move to suspend the rules and agree to United States Congress and citizens of many more, I urge all Members to sup- the resolution (H. Res. 326) commemo- this great Nation, of taking an impor- port this resolution. I look for a unani- rating the 25th anniversary of the Viet- tant moment to pause in reflection and mous vote. nam Veterans Memorial, as amended. in gratitude for the freedoms we share Mr. Speaker, I reserve the balance of The Clerk read the title of the resolu- today because of the contributions of my time. tion. our brave men and women in uniform Ms. SHEA-PORTER. Mr. Speaker, I The text of the resolution is as fol- in Vietnam. yield 3 minutes to the gentlewoman lows: Let us also take this opportunity to from Oregon (Ms. HOOLEY). Ms. HOOLEY. Mr. Speaker, I thank H. RES. 326 recognize those who are serving us on the front lines of battle in Iraq and Af- my colleague for yielding me this time. Whereas the Vietnam Veterans Memorial I first want to thank Chairmen SKEL- marks the 25th anniversary of its dedication ghanistan and other hotspots around in 2007; the world. Their sacrifice and devotion TON, RAHALL and FILNER for their Whereas the Memorial commemorates the to duty continue in today’s warriors. strong support of this resolution and sacrifice of more than 58,000 men and women Mr. Speaker, I urge my colleagues to their continued leadership on issues who lost their lives during the Vietnam War; support this resolution. impacting our veterans. Whereas the Memorial honors the sacrifice Mr. Speaker, I reserve the balance of I rise today to urge my colleagues to of the 153,303 men and women who were my time. join me and the 108 cosponsors of House wounded during the conflict; Mr. GINGREY. Mr. Speaker, I rise Resolution 326 in commemorating the Whereas the Memorial honors the more today in support of H. Res. 326 which 25th anniversary of the dedication of than 3,000,000 men and women who served in the United States Armed Forces in South- commemorates the 25th anniversary of the Vietnam Memorial on the National east Asia; the dedication of the Vietnam Veterans Mall in Washington, DC. Whereas the Memorial has served as a pow- Memorial. This November marks the 25th year erful force for national healing; The idea of the memorial began in of the memorial’s healing presence. As Whereas over four million people visit the 1977 as a way to make amends for the a Nation, we are eternally grateful to Memorial each year to pay tribute to lost indifference that had met Vietnam vet- the 58,253 men and women who lost loved ones and remember the sacrifice of erans who returned home to this coun- their lives because of their service to those who served the United States during try. It was also conceived as a place of the United States during the Vietnam the Vietnam War; and Whereas the Memorial is a testament to honor for the brave young men and war. I particularly want to honor and the dedication of the private individuals and women who served and died in the remember the 709 Oregonians whose corporations that raised $8,400,000 to build Vietnam war including, Mr. Speaker, names are etched on the Wall for their the Memorial: Now, therefore, be it my Pony League baseball teammate, service to our country. Every time I Resolved, That the House of Representa- Dick Ulmer, and to give the estimated visit the Wall, I am profoundly moved tives— 43 million Americans, parents, broth- by their sacrifice. I know my fellow Or- (1) honors the sacrifice of the men and ers, sisters, wives, husbands and chil- egonians and I will never forget them. women who lost their lives in service of the dren, and yes, including those of 1st As Americans, we must always re- United States during the Vietnam War; member those who have given the ulti- (2) recognizes the service of the men and Lieutenant Ulmer of North Augusta, women who were members of the United South Carolina, so directly affected by mate sacrifice in service to our coun- States Armed Forces during the Vietnam the losses in Vietnam a place to re- try. At a time when we are asking so War; and member, to mourn, to reflect, and much of our men and women in uni- (3) commemorates the 25th anniversary of hopefully to heal. form, I believe it is vital to show by ex- the dedication of the Vietnam Veterans Me- Five years later, in 1982, ground was ample that the United States never for- morial. broken for the memorial and the first gets those who served. Providing a The SPEAKER pro tempore (Mr. panel of the Wall, as the memorial is clear demonstration of that gratitude HOLDEN). Pursuant to the rule, the gen- called today, was unveiled. Since that was at the core of constructing the me- tlewoman from New Hampshire (Ms. time, the Wall has become not only the morial 25 years ago and is the purpose SHEA-PORTER) and the gentleman from most visited memorial on the National behind this resolution today. Georgia (Mr. GINGREY) each will con- Mall with more than 4 million visitors The memorial not only remembers trol 20 minutes. annually, but also a very powerful and those who gave their lives during the The Chair recognizes the gentle- a moving place for recollection, solace conflict, but also honors the more than woman from New Hampshire. and comfort for Vietnam veterans and 3 million men and women who served Ms. SHEA-PORTER. Mr. Speaker, I their families. in the Armed Forces in Southeast Asia yield myself such time as I may con- As a place to honor the more than and the 153,303 individuals wounded in sume. 58,200 servicemembers who died during action.

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K18SE7.081 H18SEPT1 bajohnson on PROD1PC71 with HOUSE September 18, 2007 CONGRESSIONAL RECORD — HOUSE H10483 The power of the memorial is just as cent desecration of the Wall. The peo- As we reflect upon the commitment strong today as it was 25 years ago. ple who did this have violated a sacred of our veterans from past conflicts, it The millions raised by private individ- trust, and I consider their actions de- is important to remember the 168,000 uals and corporations to erect the Viet- plorable. If there are those who ap- American soldiers currently serving nam Memorial demonstrated the wide- plaud this behavior, I would only re- overseas. We must do more for our Na- spread respect and appreciation for our mind them of the hypocrisy of their be- tion’s veterans, those of past wars, cur- Vietnam veterans 25 years ago. liefs. Our freedom was won by brave rent conflicts, and those who will de- That powerful sense of gratitude has men and women such as those honored fend our flag for generations to come. continued as an estimated 4.4 million on this Wall, and we should hold them We should never forget the deep sac- people visit the memorial each year to all reverently in our hearts, as I know rifice of our men and women in uni- pay their respects to those who served that we do when we visit that very form, and it is fitting that we pause and those who died during the Vietnam powerful memorial. Frankly, Mr. today to commemorate one of the most War. A grateful public has left more Speaker, I hope these reports are not important and emotional events in our than 100,000 items of remembrances at true or are exaggerated. I was appalled history. I urge my colleagues to sup- the memorial for lost family, friends to hear them. port the resolution. I cannot help but draw parallels be- and comrades in arms. Pilgrimages to b 1545 the Vietnam Memorial by new genera- tween the Vietnam war and the situations will also ensure that those who tion in Iraq. We have men and women Ms. SHEA-PORTER. Mr. Speaker, I have no recollection of the strife from today who are carrying the mantle for yield 2 minutes to my friend and col- the Vietnam war era will still remem- this generation. We must be mindful to league, the gentleman from Iowa (Mr. ber the service of the millions who accord them the respect that they de- BOSWELL). fought for our country with honor and serve and honor their service. (Mr. BOSWELL asked and was given distinction. After 25 years, the memorial is un- permission to revise and extend his re- The elegant simplicity of the monu- paralleled in terms of the sheer power marks.) ment’s black granite wall refuses to of its presence. And there is irony be- Mr. BOSWELL. Mr. Speaker, I thank render judgment on a conflict that cause it was built into the ground. I re- the gentlelady for the opportunity to sharply divided our country. member the great debate that was tak- share this resolution that I am a co- The memorial has played an impor- ing place in this city and around the sponsor of, and I think it is the right tant role of national reconciliation by country when that memorial was put thing to do, to honor those who made helping to heal old wounds through en- into place. There were those who the sacrifice that they did in the Viet- abling people of any opinion to express thought it was a dishonor, frankly, to nam War. their gratitude for the men and women the men and women who served, to Some of us in this body have served who paid the ultimate sacrifice for have this memorial be in the ground. in that war. I would like to associate their country. But I know that every Vietnam vet- myself with those who have previously I once again urge my colleagues to eran and their family and friends and spoken. We are never wrong to take a support this important remembrance of Americans who have taken that walk moment and remind ourselves of those those who served, and especially those down and stood at that powerful wall who gave the supreme sacrifice and who gave their lives for our country has reevaluated that opinion. Everyone laid their lives on the line, as so many during the Vietnam war. who has been there has been moved, did. Mr. GINGREY. Mr. Speaker, I yield and for that I am very thankful. So it is a reminder to us that free- Ms. SHEA-PORTER. Mr. Speaker, I at this time such time as he may con- dom is not free. I just had the oppor- yield 2 minutes to my friend and col- sume to the gentleman from Min- tunity a couple of days ago in a large league, the gentleman from California nesota, Colonel JOHN KLINE. group down in Iowa to ask all the vet- (Mr. MCNERNEY). Mr. KLINE of Minnesota. I thank the erans to make themselves known and Mr. MCNERNEY. Mr. Speaker, I gentleman for yielding me this time. to ask all those in the audience if thank the gentlewoman for yielding me Mr. Speaker, I rise today to com- would you please turn and thank your this time, and I rise in strong support memorate the 25th anniversary of the veterans. Because of them, we can have of H. Res. 326, commemorating the 25th Vietnam Veterans Memorial, along that opportunity to gather together on anniversary of the Vietnam Veterans with my colleagues. Though the memo- that hillside and share the freedoms Memorial. that we take for granted so often. rial stands primarily as a tribute to It is important to recognize the con- So today on this 25th anniversary we the 58,000 who were killed in Vietnam, tributions of our men and women in the Wall, as it is more commonly the armed services no matter when are reminded particularly of the Viet- known, continues to surpass its origi- they served. In particular, we should nam veterans. Some of us 2, 3, 4, 5, 6 nal purpose by acting as a quiet repay tribute to those who made the ulti- years ago went down and had kind of a minder of the price of our freedom and mate sacrifice during their service. picture-taking opportunity with Mem- honoring the more than 153,000 men Although the Vietnam Veterans Me- bers in the Congress with Vietnam vet- and women wounded in action. Perhaps morial was dedicated nearly 25 years erans at the Wall. And for all of us, we most importantly, it serves as a source ago, the families of the fallen and their had to stop and realize our names could of healing for the 3 million men and fellow soldiers find the same peace and have been there, too. women who served in the United States solace there today. The memorial is a We recognized names of our col- military during this war. somber reminder of the devastating leagues and comrades that fell and paid The design was inspired by a need to human costs of the Vietnam war and the price because the country asked bring reconciliation and healing to a the massive losses this country sus- them to do that. That is happening this country that was deeply divided. Its tained. very day, of course, in other parts of simplicity is transcended by a powerful Mothers and fathers lost their chil- the world. message of remembrance. Each name is dren, and families throughout the So I thank you, gentlelady, for the a person with a story. These soldiers country lost their loved ones. The Viet- time. I appreciate you bringing this served with honor and distinction, and nam Veterans Memorial is a serene forward. I certainly urge its passage. the memorial helps us to remember place that helps the country deal with Mr. GINGREY. Mr. Speaker, in my them with the highest regard. one of the most difficult periods of our concluding remarks I just want to say As a Vietnam veteran myself, the history, and it is important that we that as I listened to the gentleman memorial carries particular signifi- recognize such a lasting tribute. from Minnesota (Mr. KLINE), my col- cance. I am reminded of the friends and Today, when we remember the Viet- league on the House Armed Services comrades who gave their lives and of a nam war, we should not forget the sol- Committee, talking about the Vietnam far different time and place in my life. diers who laid down their lives in de- War Memorial, the Wall, as he pointed It is with these memories in mind fense of this great Nation. Nor should out, I reflected back maybe almost 25 that I express my sadness and dis- we forget those who returned home years ago when I went to the Wall for appointment at the reports of the re- with posttraumatic stress disorder. the first time.

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K18SE7.085 H18SEPT1 bajohnson on PROD1PC71 with HOUSE H10484 CONGRESSIONAL RECORD — HOUSE September 18, 2007 Mr. Speaker, I don’t think I had ever names of fellow soldiers, an attempt not to To visit the Wall of names, the three Serv- been to any other war memorial. The justify or explain those losses, but simply to icemen Statue and Flagpole, and the Vietnam World War II Memorial, as we know, honor and remember them. Women’s Memorial is to pay respect to those was not there at the time. But I went Early this month, the Wall was vandalized Vietnam Veterans Memorial honors and to to the Wall, the Vietnam War Memo- and the face of the granite desecrated. While renew our commitment that their mission, their rial, to look for the name of a friend. It long-term damage is not expected, this act of sacrifice, and their lives will never be forgot- is kind of hard to find, as we all know, dishonor flies in the face of what the memorial ten. This resolution commemorating the Me- the small engraved names on the wall. represents. I hope that every single one of my morial on its 25th anniversary also helps ac- Of course they direct you how to do colleagues will join me in denouncing those complish those goals. that. I think a lot of us just go to the who committed this vandalism. Mr. MATHESON. Mr. Speaker, I rise today wall and start looking. With each new year the wounds of the Viet- to support the bipartisan Vietnam Memorial As I think back on those years ago nam War further heal, the passage of time Resolution commemorating the 25th anniver- when I looked up to see my friend Dick helping to wear away the dissonance and di- sary of the construction of the Vietnam Vet- Ulmer’s name, and think about that vide. The Vietnam Veterans Memorial plays a erans Memorial, H. Res. 326. This memorial classmate, teammate, friend, weight- large role in this process, bringing us together honors the more than 58,000 brave men and lifting buddy when we were in the not only to remember what occurred and what women who paid the ultimate sacrifice during sixth, seventh, eighth grade, and think- was lost, but also to ensure that we do not for- the Vietnam war for our great Nation. We ing about the fact, Mr. Speaker, that get. It is fitting that we commemorate the anni- must never forget the brave service members he had given his life. I thought about versary of this memorial and again offer the who served in Vietnam. his parents, who are now deceased, and grateful thanks of our Nation to those who Millions of people visit this breathtaking me- of course his wife and his sister. served. morial to pay their respect to those people Ms. BORDALLO. Mr. Speaker, I rise in This opportunity today to control who lost their lives between 1956 and 1975 or strong support of House Resolution 326, com- the time on our side, and I thank Ms. are still missing in action. The memorial has memorating the 25th anniversary of the Viet- SHEA-PORTER for that opportunity, to been a source of comfort and healing for nam Veterans Memorial. Comprised of the reflect back on a great hero. I think an those families and friends who have lost loved important thing for us to remember Wall of names, the three Servicemen Statue and Flagpole, and the Vietnam Women’s Me- ones in the Vietnam war. today as we vote, and I think we will I also wish to express my support and grati- have a unanimous vote on this, is that morial, the Vietnam Veterans Memorial honors the 58,000 members of the United States tude for all the men and women who served no matter how popular a conflict, or Armed Forces who lost their lives in service to with valor in our armed services protecting our maybe in the case of the Vietnam War, the United States in the Vietnam War and rec- freedom and democracy. I believe that the with many people unpopular, the men ognizes all those individuals who served dur- Vietnam memorial encourages all people of and women that paid the price, the ul- ing that time. the United States, and the world, to remember timate sacrifice, and their families, it The Memorial is a national treasure. When the sacrifices of American veterans of this doesn’t matter what the conflict, they seen from a distance, the smooth angular war, especially those who served in Vietnam. do their duty. blackness of the Wall of names cuts into a This memorial is a beautiful work of art and God bless them and God bless Amer- gently rising knoll of green grass on the Na- this resolution has my full support. ica. tional Mall, symbolizing the collective sacrifice Mr. GINGREY. Mr. Speaker, I yield Mr. UDALL of New Mexico. Mr. Speaker, made by the tens of thousands of American back the balance of my time. our nation prides itself on establishing monu- youth who, in the prime of their lives, fought Ms. SHEA-PORTER. Mr. Speaker, I ments and memorials in remembrance of the and perished in distant fields of battle in have no further requests for time, and past. We shape marble, bronze, granite and Southeast Asia to defend democratic govern- I yield back the balance of my time. stone into physical commemorations, hoping ment under siege. Standing at arm’s length The SPEAKER pro tempore. The that they will reflect particular ideals of justice, the sacrifice honored by the Wall comes into question is on the motion offered by principles, and beliefs from our country’s his- clearer focus. The white letters etched in black the gentlewoman from New Hampshire tory and encourage those who visit to embody stone reveal the names of soldiers lost forever (Ms. SHEA-PORTER) that the House sus- the same ideals. Twenty-five years ago, the to their country, to their military service and, pend the rules and agree to the resolu- Nation found itself dedicating a memorial to a tragically, to their families and loved ones. tion, H. Res. 326, as amended. war that was bitterly fought both at home and Closer still, the image of our reflection seen in The question was taken; and (two- abroad and trying to find within that memorial the Wall’s mirror-like stone reminds us each thirds being in the affirmative) the the peace and solace that had been elusive name recorded there represents a person—an rules were suspended and the resolu- for so long. individual no different than us. The act of tion, as amended, was agreed to. The memorial design created by 21-year-old reading their names keeps alive our cherished A motion to reconsider was laid on Yale University undergraduate Maya Lin, and memories of them. The act of the reading their the table. managed by the National Park Service, names also helps keep them alive and well in f wrought emotional reactions from the crowd our hearts. RECOGNIZING THE SERVICE OF when it was dedicated in November 1982. On the occasion of the anniversary of the Thousands of veterans, regardless of their THE 65TH INFANTRY opening of the Vietnam Veterans Memorial we BORINQUENEERS personal feelings on what the war had meant recall all of those individuals involved in its au- to them, found themselves moved by the Wall. thorization, design, construction, and dedica- Ms. SHEA-PORTER. Mr. Speaker, I Their faces reflected against the names of the tion. Most especially, we acknowledge the move to suspend the rules and agree to dead etched into the black granite, visitors work of Maya Ying Lin, and we recognize the the resolution (H. Res. 443) recognizing found that this memorial was not simply a vision, sentiment, and artistry she has shared the service of the 65th Infantry standing block of stone, but instead was a with the world through this project. We also Borinqueneers during the Korean War, moving tribute that refused to separate the recognize the work that is being undertaken honoring the people of Puerto Rico who past from the present, merging the two and today pursuant to an Act of the 108th Con- continue to serve and volunteer for forcing them to coalesce into a semblance of gress to construct the visitor center at the site, service in the Armed Forces and make calm. which will contribute to visitors’ understanding sacrifices for the country, and com- Now 25 years later we continue to see the and appreciation for the Memorial and what it mending all efforts to promote and pre- effect of the memorial. Families and friends signifies. serve the history of the 65th Infantry leave at the base of the memorial personal Mr. Speaker, etched and engraved on that Borinqueneers, as amended. belongings of those whose names lie above. Memorial Wall are the names of 70 sons of The Clerk read the title of the resolu- Boisterous crowds traveling noisily from monu- Guam. Our community suffered the highest tion. ment to monument fall silent when entering casualty rate per capita of any State or Terri- The text of the resolution is as fol- the cut of earth that starts the Wall, their eyes tory in the Nation during the Vietnam Era. lows: skipping from name to name, recognition on Today, we recall the members of our own H. RES. 443 their face that each one represents an indi- community, in addition to their fellow soldiers, Whereas the 65th Infantry Regiment, the vidual who gave their life for their country. And who were the uniform and served in the Viet- only Hispanic-segregated unit in United those who fought and returned home see the nam era. States military history, was mandated by

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K18SE7.087 H18SEPT1 bajohnson on PROD1PC71 with HOUSE September 18, 2007 CONGRESSIONAL RECORD — HOUSE H10485 Congress to be comprised primarily of Puer- comprised primarily of individuals elements of prejudice and unfavorable to Ricans; from Puerto Rico, which was then re- bias that they encountered. Whereas the 65th Infantry Regiment be- named in 1920 as the 65th Infantry Mr. Speaker, given the history of came better known as the Borinqueneers Regiment. Our brothers and sisters of outstanding service by the 65th since from the word Borinquen, the name that the its inception back in 1898, as well as native Taino Indians called Puerto Rico; the 65th Infantry Borinqueneers fought Whereas the Borinqueneers, throughout valiantly and gave their lives during the continuing commitment and dedi- their service in World War I, World War II, the Korean War and the two World cation shown by the current members and, most notably, the Korean War, served Wars. of this unit, it is fitting that we take with distinction; Since 1917 the Commonwealth of the time today to recognize and to Whereas the Borinqueneers demonstrated Puerto Rico has been a part of the honor that service. their military prowess in Korea and earned United States and home to almost 4 I strongly urge all Members to sup- the respect and admiration of their fellow million U.S. citizens. During the Ko- port this resolution. soldiers and military authorities, most nota- Mr. Speaker, I reserve the balance of bly General Douglas MacArthur; rean War, Puerto Rico lost a disproportionate number of servicemembers rel- my time. Whereas the Borinqueneers were sent to Ms. SHEA-PORTER. Mr. Speaker, I ative to the population of the island as battle on the front lines in Korea and par- yield 4 minutes to my friend and col- ticipated in nine major campaigns during a whole. Eight soldiers of the 65th In- league, the gentleman from Massachu- the Korean War; fantry Regiment received the Distin- setts (Mr. MCGOVERN), the sponsor of Whereas the Borinqueneers made valuable guished Service Cross, and 129 were contributions to the war effort, including by this resolution. awarded the Silver Star for their her- Mr. MCGOVERN. Mr. Speaker, I want suffering a tremendous number of casualties oism during the Korean conflict. that was disproportionate to the population to thank my colleague from New of Puerto Rico; House Resolution 443 highlights an Hampshire for her remarks and for Whereas the 65th Infantry Borinqueneers important group of servicemembers yielding me the time and for her lead- earned well-deserved praise, including two who have helped forge the foundation ership on the Armed Services Com- United States Presidential Unit Citations, a of the freedoms that we enjoy today. mittee. I also want to thank my good Meritorious Unit Commendation, and two The 65th Infantry Borinqueneers are to friend from Georgia for his words in Republic of Korea Unit Citations; be recognized for their tremendous sac- support of this resolution, House Reso- Whereas the 65th Infantry Regiment 1st rifice. We should not forget those who lution 443, which pays tribute to the Battalion continues its fine tradition as an are serving today in Operation Iraqi active unit in the Puerto Rico Army Na- 65th Infantry Borinqueneers and to the tional Guard; and Freedom and Operation Enduring Free- men and women of Puerto Rico who Whereas Puerto Ricans have continued to dom. continue to serve our country with volunteer freely and serve in the Armed The people of Puerto Rico and all honor and distinction. Forces and have served ably during wartime: Americans can be proud of the tremen- Mr. Speaker, I will insert into the Now, therefore, be it dous contributions these men have RECORD a letter from Anibal Acevedo Resolved, That the House of Representa- made to the defense of our Nation. Vila, the Governor of Puerto Rico, en- tives— Mr. Speaker, I urge my colleagues to dorsing this legislation. (1) recognizes the service of the 65th Infan- support House Resolution 443. JULY 18, 2007. try Borinqueneers during the Korean War; Mr. Speaker, I reserve the balance of Hon. JAMES MCGOVERN, (2) honors the people of Puerto Rico, who House of Representatives, Cannon House Office continue to serve and volunteer for service my time. Mr. GINGREY. Mr. Speaker, I yield Building, Washington, DC. in the Armed Forces and make sacrifices for DEAR CONGRESSMAN MCGOVERN: Thank you the country; and myself such time as I might consume. for your efforts to recognize the service of (3) commends all efforts to promote and Mr. Speaker, I do rise in support of Puerto Ricans in the armed forces of the preserve the history of the 65th Infantry House Resolution 443, which recognizes United States, and in particular, the 65th In- Borinqueneers. the service of the 65th Infantry Regi- fantry Borinquineers, by introducing H. Res. The SPEAKER pro tempore. Pursu- ment, Puerto Rico National Guard. 443. Puerto Ricans have served with great ant to the rule, the gentlewoman from Today, Mr. Speaker, the First Bat- distinction in the military, and I appreciate New Hampshire (Ms. SHEA-PORTER) and talion, 65th Infantry Regiment, Puerto your efforts to highlight their service. the gentleman from Georgia (Mr. The 65th Infantry Borinquineers were Rico National Guard, continues a tra- founded as an all-Puerto Rican regiment in GINGREY) each will control 20 minutes. dition of outstanding service in the 1899, and served in World War I, World War The Chair recognizes the gentle- Army established by members of that II, and in the Korean War. It was in this last woman from New Hampshire. regiment in World War I, World War II, campaign that the 65th Infantry earned their GENERAL LEAVE and in Korea. Their motto, ‘‘Honor and renown, leading General Douglas MacArthur Ms. SHEA-PORTER. Mr. Speaker, I Fidelity,’’ summarizes that service. to remark: ‘‘[t]he Puerto Ricans forming the ask unanimous consent that all Mem- Mr. Speaker, in Korea, as an active ranks of the gallant 65th Infantry . . . are writing a brilliant record of achievement in bers have 5 legislative days to revise Army unit, the regiment fought with and extend their remarks on the reso- battle and I am proud indeed to have them in particular distinction, participating in this command. I wish that we might have lution under consideration. nine major campaigns from 1950 until many more like them.’’ During the Korean The SPEAKER pro tempore. Is there 1953. For its actions, the unit was War, members of the 65th Infantry were objection to the request of the gentle- awarded two Presidential Unit Cita- awarded 10 Distinguished Service Crosses, 256 woman from New Hampshire? tions, a Meritorious Unit Commenda- Silver Stars, and 606 Bronze Stars. There was no objection. tion, and two Republic of Korea Unit As H. Res. 443 acknowledges, Puerto Ricans Ms. SHEA-PORTER. Mr. Speaker, I have a tradition of dedicated and honorable yield myself as much time as I may Citations. service in the armed forces of the United Such outstanding service led General consume. States. Military units from Puerto Rico were Mr. Speaker, I rise today in support Douglas MacArthur to say: ‘‘The Puer- among the first to deploy following the at- of House Resolution 443, recognizing to Ricans of the gallant 65th Infantry tacks of September 11, 2001, and over 7,000 the service of the 65th Infantry on the battlefields of Korea are writing members of our National Guard have since been deployed in support of current oper- Borinqueneers during the Korean War, a brilliant record of achievement in battle, and I am proud indeed to have ations. Over 55 soldiers, sailors and airmen of honoring the people of Puerto Rico who Puerto Rican descent have lost their lives in continue to serve and volunteer for them in this command. I wish that I Iraq and Afghanistan. There are over 144,000 services in the Armed Forces and make had many more like them.’’ veterans living in Puerto Rico, and four sons sacrifices for this country, and com- In achieving such recognition for of the Island have earned the Medal of Honor mending all efforts to promote and pre- their competence and valor, the men of since Vietnam, the second highest per capita serve the history of the 65 Infantry the 65th Infantry suffered heavy cas- of any jurisdiction in the United States. Borinqueneers. I thank my colleague ualties and numerous vicious battles Puerto Rican soldiers in the armed forces against determined North Korean and today continue the tradition of the 65th In- from Massachusetts (Mr. MCGOVERN) fantry by serving with honor and distinction for bringing this measure before the Chinese units. Moreover, the men of and make all Puerto Ricans proud of their House. the 65th not only had to overcome se- service. Once again, I appreciate your intro- In 1908 the United States Congress di- vere weather and terrain and shortages duction of H. Res. 443 to recognize and com- rected that a unit be established and of clothing and equipment, but also the mend those Puerto Ricans who have served

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\A18SE7.034 H18SEPT1 bajohnson on PROD1PC71 with HOUSE H10486 CONGRESSIONAL RECORD — HOUSE September 18, 2007 in the past and present in our nation’s armed the Korean War Memorial of Central ance. I would like to quote General Douglas forces, and I look forward to the resolution’s Massachusetts Committee, along with MacArthur, who said in Tokyo on February 12, adoption. Colonel Gilbert Villahermosa, Inspec- 1951: ‘‘The Puerto Ricans forming the ranks of Sincerely, tor General of the Massachusetts Army the gallant 65th Infantry on the battlefields of ANIBAL ACEVEDO VILA´ , Governor, Commonwealth of Puerto Rico. National Guard, and the Puerto Rican Korea . . . are writing a brilliant record of community of central Massachusetts achievement in battle and I am proud indeed Mr. Speaker, it has been a privilege are working together to commemorate to have them in this command. I wish that we to learn about the proud service of the the 65th Infantry. might have many more like them.’’ 65th Infantry Borinqueneers, the only The efforts have included promotion It is due to this ever-growing identity in the Hispanic-segregated unit in the United of the documentary film ‘‘The United States, that Hispanic Americans con- States Military history. The first na- Borinqueneers,’’ construction of a me- tinue to wear, with honor, the uniforms of our tive Puerto Rican troops were approved morial flagpole, and Colonel Armed Forces. This legislation honors the 65th by Congress in 1899, designated as the Villahermosa himself has released a Infantry Borinqueneers and the legacy they left Puerto Rican Regiment U.S. Volun- book detailing the critical role which behind; a legacy of valor, courage and self- teers. the 65th Infantry played in Korea. sacrifice in the face of adversity. I am proud The regiment was ordered to war Mr. Speaker, I am very proud to have to be an American of Hispanic descent and strength in 1917 and served in defense introduced this bill with the Rep- equally proud to represent the members of the of the Panama Canal during World War resentative from Puerto Rico (Mr. 65th Infantry Regiment; it is for them that I I. On June 4, 1920, the regiment was of- FORTUN˜ O), and I would also like to stand here today in support of this legislation ficially re-designated as the 65th Infan- thank Chairman SKELTON and all mem- and urge all my colleagues to unanimously try, U.S. Army. bers of the Armed Services Committee vote in favor of H. Res. 443. After serving ably in France and Ger- who supported its consideration on the Mr. GINGREY. Mr. Speaker, I yield many during World War II, the 65th suspension calendar. back the balance of my time. was ordered to Korea in 1950. It was Again, I want to thank my two col- Ms. SHEA-PORTER. Mr. Speaker, I during the Korean War where the 65th leagues, the gentlewoman from New have no further requests for time, and Infantry invoked the name Hampshire (Ms. SHEA-PORTER) and the I yield back the balance of my time. Borinqueneers, and it is also where gentleman from Georgia (Mr. The SPEAKER pro tempore. The they demonstrated their military GINGREY), for their words here today. question is on the motion offered by prowess. Mr. Speaker, I urge all of my col- the gentlewoman from New Hampshire The name Borinqueneers comes from leagues to pass House Resolution 443. (Ms. SHEA-PORTER) that the House sus- the word Borinquen, which is the origi- Mr. GINGREY. Mr. Speaker, I have pend the rules and agree to the resolu- nal native Taino Indians of the island no further requests for time. Before tion, H. Res. 443, as amended. we now call Puerto Rico. Many mem- yielding back, I would like to encour- The question was taken; and (two- bers were direct descendants of these age all of our colleagues, both sides of thirds being in the affirmative) the native people. the aisle, and I am sure we will have a rules were suspended and the resolu- The Borinqueneers fought on the unanimous vote on H.Res 443. I thank tion, as amended, was agreed to. front lines in Korea, participating in the gentlewoman from New Hampshire A motion to reconsider was laid on nine major campaigns throughout the for allowing me to control the time on the table. war. They were the protection force for this side. f marines withdrawing from far inland Mr. FORTUN˜ O. Mr. Speaker, during this positions. They were the leading unit month, our country proudly celebrates His- b 1600 in the United Nations offensive of April panic Heritage Month. In the midst of this EXPRESSING APPRECIATION AND 1951. In every campaign they performed celebration, it is with great honor and pride THANKS FOR THE SERVICE OF as one of the most effective infantry that I stand in support of H. Res. 443 which MEMBERS OF THE 303RD BOM- regiments in the Army. seeks to recognize the service of the 65th in- BARDMENT GROUP (HEAVY) Earning the respect and admiration fantry regiment during the Korean War known UPON THE OCCASION OF THE of fellow soldiers and military leaders, as the Borinqueneers Regiment. I also want to FINAL REUNION OF THE 303RD General Douglas MacArthur himself re- thank Congressman MCGOVERN for his leader- BOMB GROUP (H) ASSOCIATION marked, ‘‘They showed magnificent ship in honoring these brave soldiers. At a Ms. SHEA-PORTER. Mr. Speaker, I ability and courage in field oper- time when there is a national dialogue on the ations,’’ and ‘‘they are a credit to move to suspend the rules and agree to contributions of Hispanic Americans, there is the resolution (H. Res. 604) expressing Puerto Rico, and I am proud to have no better way to recognize their achievements, them in my command.’’ the Nation’s sincerest appreciation and than by voting for H. Res. 443. thanks for the service of the members Mr. Speaker, it is of the utmost im- We know that since the Civil War, where portance that we recognize the valiant of the 303rd Bombardment Group over 10,000 Hispanic Americans wore uni- (Heavy) upon the occasion of the final service of the Borinqueneers and that forms for both sides, the number of soldiers of we recognize the sacrifices made by the reunion of the 303rd Bomb Group (H) Hispanic heritage that have served in each Association, as amended. people of Puerto Rico during the Ko- conflict has been significant. Their participation rean War: 61,000 Puerto Ricans served The Clerk read the title of the resolu- in every military conflict is a source of many tion. in the U.S. Army during the Korean heroic actions. War, the overwhelming majority in the The text of the resolution is as fol- In World War I, 200,000 Hispanics were mo- lows: 65th Infantry Regiment. bilized and to this day we hear stories of their By the end of the war, 743 Puerto valor, and devotion to spread democracy and H. RES. 604 Ricans were killed, and over 2,300 freedom around the World. Whereas the 303rd Bombardment Group wounded. One of every 42 casualties Roughly half a million Hispanics served dur- (Heavy) was activated on February 3, 1942, at suffered by U.S. forces in Korea was Pendleton Field, Oregon, and trained at ing World War II. They fought bravely in all of Gowen Field, Idaho, from February 11, 1942, Puerto Rican. Puerto Rico endured one the major conflicts extending throughout Eu- until June 17, 1942; casualty for every 660 of its inhab- rope, the Pacific and Africa. Whereas the 303rd Bombardment Group (H) itants, a disproportionately heavy bur- But it is during the Korean War that over was stationed in Molesworth, England, and den for the small island. This statistic 148,000 Hispanics served, of which 20,000 comprised of the 358th Bombardment Squad- highlights the enormous sacrifice by were from my district in Puerto Rico. 4,000 of ron, the 359th Bombardment Squadron, the Puerto Rico, and it gives testament to them comprised the 65th Infantry Regiment, 360th Bombardment Squadron, and the 427th the honor and distinction of their serv- the largest U.S. infantry regiment for that war. Bombardment Squadron; ice. Whereas the 303rd Bombardment Group This regiment fought in every major campaign (H), also known as ‘‘Hell’s Angels’’, arrived Mr. Speaker, I would also like to of the Korean War and received numerous at Molesworth, England on September 12, note some current efforts to promote praises including a Presidential Unit Citation, 1942, and bravely fought in World War II; and preserve the history of the 65th In- Meritorious Unit Commendations and two Re- Whereas the 303rd Bombardment Group (H) fantry Borinqueneers. In my district, public of Korea Unit Citations for their perform- support personnel sailed on the Queen Mary

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\A18SE7.056 H18SEPT1 bajohnson on PROD1PC71 with HOUSE September 18, 2007 CONGRESSIONAL RECORD — HOUSE H10487 on September 5, 1942, and arrived at Gree- Michigan (Mr. MCCOTTER) for bringing gets, the most of any B–17 Bomb Group nock, Scotland, on September 11, 1942, the this measure before the House. in the Eighth Air Force during World flight crews flew to Kellogg Field, Michigan, Our history is rich with heroes who War II. then to Dow Field, Maine, to start their have risen above and beyond the call of For its actions in the skies over Eu- flights to England across the Atlantic Ocean; Whereas the 303rd Bombardment Group (H) duty in service to our great Nation. rope, the group was awarded a Distin- flew its first combat mission on November The American flag billows proudly guished Unit Citation in January 1944, 17, 1942, and its last mission on April 25, 1945; above this Capitol building, and even two of the heroic crew men of the 303rd Whereas the 303rd Bombardment Group’s more boldly behind your seat, Mr. were awarded with Congressional B-17 ‘‘Hell’s Angels’’ was the first to success- Speaker, due to the extraordinary her- Medal of Honor, and four earned the fully complete 25 combat missions on May oism of our servicemen in times of war. Distinguished Service Cross. 13, 1943; The 303rd Bombardment Group is cer- For all of their accomplishments, the Whereas the 303rd Bombardment Group (H) tainly part of this legacy. Two 303rd members of the Bomb Group paid a flew 364 combat missions against enemy tar- Bombardment Group airmen, Tech- heavy price in casualties, aircraft gets, the most of any B-17 Bomb Group in the 8th Air Force during World War II; nical Sergeant Forrest Vosler and First losses, and capture by the enemy. Whereas two 303rd Bombardment Group (H) Lieutenant Jack Mathis, were awarded Their determination to complete the airmen were awarded the Congressional the Congressional Medal of Honor, four mission regardless of the opposition or Medal of Honor, four were awarded the Dis- were awarded the Distinguished Serv- the odds carried them through their tinguished Service Cross, 33 were awarded ice Cross, 33 were awarded the Silver losses and on to victory in the air. the Silver Star, and approximately 1,200 Pur- Star, approximately 1,200 Purple Mr. Speaker, given the history of ple Hearts were awarded for those killed or Hearts were awarded for those killed or outstanding service by the 303rd Bom- wounded in action; wounded in action, and over 5,000 were bardment Group during World War II, Whereas the 303rd Bombardment Group (H) adopted the motto ″Might in Flight″ in Octo- listed as missing in action during as well as the last reunion of the vet- ber 1942 and lived up to it on each of their 364 World War II. While these numbers erans of the 303rd taking place this combat missions; make me proud to be an American, sta- week, it is fitting that we take the Whereas 165 aircraft in the 303rd Bombard- tistics alone cannot begin to com- time today to recognize and honor ment Group (H) were listed as missing in ac- prehend the tremendous service they their service. I therefore strongly urge tion (MIA); have done for all of us. all my colleagues to support this reso- Whereas the original 303rd Bombardment The members of the 303rd Bomb lution. Group (H) was inactivated on July 25, 1945, at Group Association have provided op- Mr. Speaker, I reserve the balance of Casablanca; Whereas the veterans of the 303rd Bom- portunities for 303rd veterans, families my time. bardment Group (H) formed the 303rd Bomb and friends to meet, and have perpet- Ms. SHEA-PORTER. Mr. Speaker, I Group (H) Association in 1975 to provide op- uated the memory of the 303rd Bom- reserve the balance of my time. portunities for 303rd veterans, families, and bardment Group comrades lost during Mr. TURNER. Mr. Speaker, I recog- friends to meet; World War II, since the organization nize Mr. MCCOTTER of Michigan for Whereas the veterans of the 303rd Bomb was founded in 1975. such time as he might consume. Group (H) Association memorialize and per- And while the 303rd Bomb Group As- Mr. MCCOTTER. Mr. Speaker, I petuate the memory of 303rd Bombardment sociation is meeting this week for the would like to thank the sponsor of the Group (H) comrades lost during World War resolution and the chairman of the II, and who have since passed away; final time, the United States House of Whereas due to age and the declining Representatives and our great Nation committee, the ranking member, and health of the 303rd Bombardment Group (H) can express its sincerest thanks for all of my colleagues who are joining veterans, the 303rd Bomb Group (H) Associa- their service by carrying forth the mis- me in support of honoring the heroic tion Board of Directors has made the dif- sion statement of the 303rd Bomb members of the 303rd Bombardment ficult decision to dissolve the Association at Group Association and making time- Group. the end of 2007; and less the memory of their successes and It has rightly been said that they Whereas the 303rd Bomb Group (H) Asso- sacrifices by memorializing their his- were the greatest generation; and yet, ciation’s final reunion will be held in Wash- it is important, through the adoption ington, D.C., on September 19, 2007 through tory in law. September 23, 2007: Now, therefore, be it Mr. Speaker, I urge my colleagues to of resolutions and other instances, Resolved, That— support House Resolution 604. where we, as a people, recognize their (1) The dedicated men and women who I reserve the balance of my time. sacrifice for the very liberty upon served in the 8th Air Force, 303rd Bombard- Mr. TURNER. Mr. Speaker, I yield which our free Republic is founded, al- ment Group (H), ″Hell’s Angels″, including myself such time as I might consume. ways remember that their service to the nearly 5,000 listed as missing in action, Mr. Speaker, today I speak in sup- our Nation did not end with World War during World War II are heroes and cham- port of House Resolution 604, which ex- II, for they continued in their transi- pions of American freedom; and presses the Nation’s appreciation and tion to civilian life where they also (2) The House of Representatives, on behalf thanks for the servicemembers of the of a grateful nation, recognizes the final re- helped form the foundation of our Na- union of the 303rd Bomb Group (H) Associa- 303rd Bombardment Group (Heavy) tion. But it is also critical that, too, at tion and commends the honorable members upon the occasion of the final reunion this juncture, where again another gen- of the Association, who never once turned of the 303rd Bomb Group Association. eration of Americans finds themselves away from their assigned target, for their Mr. Speaker, it is unfortunate to tasked with defending freedom in its selfless service to our country. learn that the 303rd Bomb Group Asso- maximum hour of danger, that we The SPEAKER pro tempore (Mr. ciation will dissolve following their never forget the example that these HOLDEN). Pursuant to the rule, the gen- final reunion this week in Arlington, citizens, soldiers and airmen set for the tlewoman from New Hampshire (Ms. Virginia. The declining number of rest of us, not just as a matter of his- SHEA-PORTER) and the gentleman from these courageous veterans makes it dif- tory, but as a matter for our progeny Ohio (Mr. TURNER) each will control 20 ficult for the association to continue that they may ever breathe free. minutes. their annual reunions. Ms. SHEA-PORTER. Mr. Speaker, I The Chair recognizes the gentle- With that being said, Mr. Speaker, it reserve the balance of my time. woman from New Hampshire. is an honor for me to pay tribute to the Mr. TURNER. Mr. Speaker, I want to Ms. SHEA-PORTER. Mr. Speaker, I valiant men of the 303rd Bombardment congratulate Mr. MCCOTTER for bring- yield myself such time as I may con- Group known as ‘‘Hell’s Angels.’’ ing forth this resolution so that this sume. Activated in February 1942 at Pen- body might honor the 303rd. Mr. Speaker, I rise today in support dleton, Oregon, the 303rd was an Eighth Mr. Speaker, I yield back the balance of House Resolution 604, expressing the Air Force Bomber Group that flew the of my time. Nation’s sincerest appreciation and mighty B–17 Flying Fortress out of Ms. SHEA-PORTER. I yield back the thanks for the service of the members Molesworth, England. Living up to balance of my time. of the 303rd Bombardment Group their adopted motto, ‘‘Might in The SPEAKER pro tempore. The (Heavy) upon the occasion of their final Flight,’’ the air crews flew a record 364 question is on the motion offered by reunion. I thank my colleague from combat missions against enemy tar- the gentlewoman from New Hampshire

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\A18SE7.053 H18SEPT1 bajohnson on PROD1PC71 with HOUSE H10488 CONGRESSIONAL RECORD — HOUSE September 18, 2007 (Ms. SHEA-PORTER) that the House sus- Whereas General Henry H. ‘‘Hap’’ Arnold navigation, precision timing, missile warn- pend the rules and agree to the resolu- drew upon the industrial prowess and human ing, nuclear deterrence, and space surveil- tion, H. Res. 604, as amended. resources of the United States to transform lance; the Army Air Corps from a force of 22,400 Whereas USAF Airmen have contributed to The question was taken; and (two- men and 2,402 aircraft in 1939 to a peak war- the manned space program of the United thirds being in the affirmative) the time strength of 2.4 million personnel and States since the program’s inception and rules were suspended and the resolu- 79,908 aircraft; throughout the program’s development at tion, as amended, was agreed to. Whereas the standard for courage, flexi- the National Aeronautics and Space Admin- A motion to reconsider was laid on bility, and intrepidity in combat was estab- istration by dedicating themselves wholly to the table. lished for all Airmen during the first aerial space exploration despite the risks of explo- raid in the Pacific Theater on April 18, 1942, ration; f when Lieutenant Colonel James ‘‘Jimmy’’ H. Whereas the USAF engaged in a limited GENERAL LEAVE Doolittle led 16 North American B–25 Mitch- campaign of air power to assist the South ell bombers in a joint operation from the Vietnamese government in countering the Ms. SHEA-PORTER. Mr. Speaker, I deck of the naval carrier USS Hornet to communist Viet Cong guerillas during the ask unanimous consent that all Mem- strike the Japanese mainland in response to Vietnam War and fought to disrupt supply bers may have 5 legislative days within the Japanese attack on Pearl Harbor; lines, halt enemy ground offensives, and pro- which to revise and extend their re- Whereas President Harry S. Truman sup- tect United States and Allied forces; marks on H. Res. 326 and H. Res. 604. ported organizing air power as an equal arm Whereas Airmen were imprisoned and tor- of the military forces of the United States, tured during the Vietnam War and, in the The SPEAKER pro tempore. Is there writing on December 19, 1945, that air power valiant tradition of Airmen held captive in objection to the request of the gentle- had developed so that the responsibilities previous conflicts, continued serving the woman from New Hampshire? and contributions to military strategic plan- United States with honor and dignity under There was no objection. ning of air power equaled those of land and the most inhumane circumstances; f sea power; Whereas, in recent decades, the USAF and Whereas on September 18, 1947, W. Stuart coalition partners of the United States have RECOGNIZING THE 60TH ANNIVER- Symington became the first Secretary of the supported successful actions in Panama, Bos- SARY OF THE UNITED STATES newly formed and independent United States nia-Herzegovina, Kosovo, Iraq, Afghanistan, AIR FORCE AS AN INDEPENDENT Air Force (USAF), and on September 26, 1947, and many other locations around the globe; MILITARY SERVICE General Carl A. Spaatz became the first Whereas Pacific Air Forces, along with Chief of Staff of the USAF; Asia-Pacific partners of the United States, Mr. SPRATT. Mr. Speaker, I move to Whereas the Air National Guard was also ensure peace and advance freedom from the suspend the rules and agree to the con- created by the National Security Act of 1947 west coast of the United States to the east current resolution (H. Con. Res. 207) and has played a vital role in guarding the coast of Africa and from the Arctic to the recognizing the 60th anniversary of the United States and defending freedom in near- Antarctic, covering more than 100 million ly every major conflict and contingency square miles and the homes of 2 billion peo- United States Air Force as an inde- since its inception; ple in 44 countries; pendent military service. Whereas on October 14, 1947, the USAF Whereas the United States Air Forces in The Clerk read the title of the con- demonstrated its historic and ongoing com- Europe, along with European partners of the current resolution. mitment to technological innovation when United States, have shaped the history of The text of the concurrent resolution Captain Charles ‘‘Chuck’’ Yeager piloted the Europe from World War II, the Cold War, Op- is as follows: X–1 developmental rocket plane to a speed of eration Deliberate Force, and Operation Al- Mach 1.07, becoming the first flyer to break lied Force to today’s operations, and secured H. CON. RES. 207 the sound barrier in a powered aircraft in stability and ensured freedom’s future in Eu- Whereas President Harry S. Truman signed level flight; rope, Africa, and Southwest Asia; the National Security Act of 1947 on July 26, Whereas the USAF Reserve, created April Whereas, for 17 consecutive years begin- 1947, to realign and reorganize the Armed 14, 1948, is comprised of Citizen Airmen who ning with 1990, Airmen have been engaged in Forces and to create a separate Department steadfastly sacrifice personal fortune and full-time combat operations ranging from of the Air Force from the existing military family comfort in order to serve as unrivaled Desert Shield to Iraqi Freedom, and have services; wingmen of the active duty USAF in every shown themselves to be an expeditionary air Whereas the National Security Act of 1947 deployment, mission, and battlefield around and space force of outstanding capability was enacted on September 18, 1947; the globe; ready to fight and win wars of the United Whereas the Aeronautical Division of the Whereas the USAF operated the Berlin States when and where Airmen are called United States Army Signal Corps, consisting Airlift in 1948 and 1949 to provide humani- upon to do so; of one officer and two enlisted men, began tarian relief to post-war Germany and has Whereas the USAF is steadfast in its com- operation under the command of Captain established a tradition of humanitarian as- mitment to field a world-class, expeditionary Charles DeForest Chandler on August 1, 1907, sistance in responding to natural disasters air force by recruiting, training, and edu- with the responsibility for ‘‘all matters per- and needs across the world; cating its Total Force of active duty, Air Na- taining to military ballooning, air machines, Whereas the USAF announced a policy of tional Guard, Air Force Reserve, and civilian and all kindred subjects’’; racial integration in the ranks of the USAF personnel; Whereas in 1908, the Department of War on April 26, 1948, 3 months prior to a Presi- Whereas the USAF is a trustworthy stew- contracted with the Wright brothers to build dential mandate to integrate all military ard of resources, developing and applying one heavier-than-air flying machine for the services; technology, managing professional acquisi- United States Army, and accepted the Whereas in the early years of the Cold War, tion programs, and maintaining exacting Wright Military Flyer, the world’s first mili- the USAF’s arsenal of bombers, such as the test, evaluation, and sustainment criteria tary airplane, in 1909; long-range Convair B–58 Hustler and B–36 for all USAF weapon systems throughout Whereas United States pilots, flying with Peacemaker, and the Boeing B–47 Stratojet such weapon systems’ life cycles; both allied air forces and with the Army Air and B–52 Stratofortress, under the command Whereas, when terrorists attacked the Service, performed admirably in the course of General Curtis LeMay served as the United States on September 11, 2001, USAF of World War I, participating in pursuit, ob- United States’ preeminent deterrent against fighter and air refueling aircraft took to the servation, and day and night bombing mis- Soviet Union forces and were later aug- skies to fly combat air patrols over major sions; mented by the development and deployment United States cities and protect families, Whereas pioneering aviators of the United of medium range and intercontinental bal- friends, and neighbors of people of the United States, including Mason M. Patrick, William listic missiles, such as the Titan and Minute- States from further attack; ‘‘Billy’’ Mitchell, Benjamin D. Foulois, man developed by General Bernard A. Whereas, on December 7, 2005, the USAF Frank M. Andrews, Henry ‘‘Hap’’ Arnold, Schriever; modified its mission statement to include James ‘‘Jimmy’’ H. Doolittle, and Edward Whereas the USAF, employing the first flying and fighting in cyberspace and ‘‘Eddie’’ Rickenbacker, were among the first large-scale combat use of jet aircraft, helped prioritized the development, maintenance, to recognize the military potential of air to establish air superiority over the Korean and sustainment of war fighting capabilities power and courageously forged the founda- peninsula, protected ground forces of the to deliver unrestricted access to cyberspace tions for the creation of an independent arm United Nations with close air support, and and defend the United States and its global for air forces in the United States in the dec- interdicted enemy reinforcements and sup- interests; ades following World War I; plies during the conflict in Korea; Whereas Airmen around the world are com- Whereas on June 20, 1941, the Department Whereas after the development of launch mitted to fighting and winning the Global of War created the Army Air Forces (AAF) vehicles and orbital satellites, the mission of War on Terror and have flown more than as its aviation element and shortly there- the USAF expanded into space and today 430,000 sorties to precisely target and engage after the Department of War made the AAF provides exceptional real-time global com- insurgents who attempt to violently disrupt co-equal to the Army Ground Forces; munications, environmental monitoring, rebuilding in Iraq and Afghanistan;

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K18SE7.095 H18SEPT1 bajohnson on PROD1PC71 with HOUSE September 18, 2007 CONGRESSIONAL RECORD — HOUSE H10489 Whereas talented and dedicated Airmen and the role of the Air Force in achiev- anniversary of the creation of the will meet the future challenges of an ever- ing victory. He called General Spaatz, United States Air Force as an inde- changing world with strength and resolve; ‘‘the best operational airman in the pendent military service. Whereas the USAF, together with its joint world,’’ and became persuaded that the Mr. Speaker, I reserve the balance of partners, will continue to be the United States’ leading edge in the ongoing fight to Air Force should exist alongside and my time. ensure the safety and security of the United equal to the Army and the Navy. Ike Mr. TURNER. Mr. Speaker, I yield States; and compared this arrangement to a three- myself such time as I might consume. Whereas during the past 60 years, the legged stool, where each leg is essen- Mr. Speaker, I represent the Third USAF has repeatedly proved its value to the tial to the whole. It’s a principle alive, District of Ohio, which includes both Nation, fulfilling its critical role in national well, and working today. the historic birthplace of aviation, defense, and protecting peace, liberty, and Since its origin, the Air Force has home of the Wright brothers, as well as freedom throughout the world: Now, there- stayed abreast of our national security the home of Wright-Patterson Air fore, be it Resolved by the House of Representatives (the requirements, adding missiles to air- Force Base, and I am honored to speak Senate concurring), That Congress remem- craft, and through a long cold war, de- today in favor of H. Con. Res. 207. bers, honors, and commends the achieve- terring any attack upon our country. The bill remembers, honors, and comments of the United States Air Force in serv- The Air Force is typically called when mends the achievements of the United ing and defending the United States on the we need to gain air superiority with States Air Force in serving and defend- 60th anniversary of the creation of the troops and materiel, when and wher- ing the United States on this 60th anni- United States Air Force as an independent ever the need arises. Its airlift and versary of the creation of the United military service. tanker capabilities give us the advan- States Air Force as an independent The SPEAKER pro tempore. Pursu- tage of remote presence. Its satellites military service. ant to the rule, the gentleman from supply us with surveillance and com- I would like to also recognize and South Carolina (Mr. SPRATT) and the munication capabilities that are the thank my colleagues Mr. SPRATT from gentleman from Ohio (Mr. TURNER) gold standard, surpassing anything South Carolina and Mrs. WILSON from each will control 20 minutes. that any other country in the world New Mexico for their efforts in writing The Chair recognizes the gentleman possesses. Not only has the Air Force this bill and ushering it to the floor. from South Carolina. achieved a technical overmatch The United States Air Force is the Mr. SPRATT. Mr. Speaker, I rise against our adversaries in the air, but largest modern Air Force in the world, today in support of House Resolution in space and cyberspace as well. with over 7,000 aircraft in service and 207, recognizing the 60th anniversary of In today’s Air Force, over 700,000 about 358,600 men and women on active the United States Air Force as an inde- ‘‘Total Force Airmen’’ are at work as duty. The numerous airmen, techni- pendent military service. I thank my we speak, exercising vigilance, reach, cians, and support staff through the colleague from New Mexico, HEATHER and power around the world. They are years have served in the Air Force with WILSON, in particular, for her partner- operating intelligence and reconnais- honor, courage, and dignity. ship and collaboration in helping to sance aircraft and spacecraft, sup- Throughout history, the Air Force bring this bipartisan measure before plying early warning, real-time intel- has adapted and designed new aircraft the House. I want also to recognize the ligence, and situational awareness to to meet the threats faced by the mili- outstanding leadership of the cochairs the war fighters on the ground. They tary, such as designing long-range of the Air Force Caucus, CLIFF are a critical presence in the battle bombers, more advanced tactical fight- STEARNS of Florida, SAM JOHNSON of space of Afghanistan and Iraq. They ers, and eventually stealth aircraft. Texas, and JIM MARSHALL of Georgia are lifting cargo and passengers, and The humanitarian operations in Berlin for their participation. using refueling assets to build air after World War II, the Berlin Airlift, Sixty years ago in July, President bridges, projecting power, and sus- would not have happened was it not for Truman and Congress distilled the les- taining the fight. the accuracy and dedication of the pi- sons learned in World War II into land- Although the hardware tends to get lots of the Air Force. Today, the mark legislation known as the Na- the headlines, it is the people who United States Air Force continues to tional Security Act of 1947. On Sep- make it work and who make the Air be on the cutting edge of technology, tember 18, the Armed Forces were reor- Force what it is. When General Horner pushing the envelope of aircraft and ganized under a Department of De- came home from the Persian Gulf in pilot to new bounds. fense, and the Air Force was estab- 1991, I asked him who were the unsung b 1615 lished as a military department co- heroes, and he answered without hesi- equal to the Departments of the Army tation, ‘‘Well, for one, it is our NCOs; The F–22A and F–35 are the world’s and the Navy. their quality has literally gone out of only fifth-generation fighters. The question of whether air forces sight.’’ I was reminded of what General Mr. Speaker, I would also like to rec- should be a service on their own sepa- Horner said when I was at Shaw Air ognize the 60th anniversary of the Air rate from the ground forces arose long Force Base not long ago and met with Force for its impact that it has had on before it was resolved in the National the Fighting 20th and its wing com- my community of Dayton, Ohio. Security Act of 1947. Over a period of 40 mander, Colonel Post, along with air- Wright Patterson Air Force Base in my years, airmen earned that recognition, men and women, many of them about district is the largest stand-alone base beginning with the Aeronautical Divi- to deploy. They will be part of some in the world, as well as being the home sion’s earliest exploits in 1907, followed 35,000 other airmen deployed around to the National Museum of the United by the derring-do of the Army Air the globe. Because of them and others States Air Force. Wright Pat has a Service in World War I, and then by the like them, we have the best Air Force strong tradition as a research and de- superior performance of the Army Air in the world, bar none. velopment hub, which started with Corps, later the Army Air Forces, in This concurrent resolution is our Wright Pat when it was known as World War II. America’s airmen per- way, as Members of Congress and citi- Huffman Prairie. Huffman Prairie is formed well; so well, in fact, that when zens of this Nation, of expressing our the location where the Wright brothers battles were fought in the air, they appreciation, of recognizing the United developed the first practical airplane were won decisively, making air supe- States Air Force, its leaders and air- that was able to sustain flight. During riority a standing assumption. men, for consistently proving their the early years of flight, the Wright This tradition started during World worth to our Nation and helping make brothers used Huffman Prairie as a re- War II, with aviators like General Doo- this the land of the free and the home search and development facility. The little. During the war in North Africa of the brave. tradition continues, as the research and Europe, General Eisenhower and Let me conclude with the resolving conducted at Wright Pat today will General Spaatz, as commander of the clause: That Congress remembers, hon- provide U.S. troops with advantages on Army Air Forces, worked well to- ors, and commends the achievements of the battlefields of tomorrow. For ex- gether. General Eisenhower came to the United States Air Force in serving ample, the F–22A fighter, considered appreciate the capabilities of air power and defending our country on the 60th the most advanced fighting plane ever

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\A18SE7.059 H18SEPT1 bajohnson on PROD1PC71 with HOUSE H10490 CONGRESSIONAL RECORD — HOUSE September 18, 2007 built, was significantly developed, in Force has proved its unsurpassed air- the sound barrier, who tested rocket part, at Wright Patterson Air Force space and cyberspace capabilities. sleds, who trained as astronauts, who Base. Mr. Speaker, I urge all my colleagues became aces and supported those who Again, I am honored to recognize the to remember the importance of a were, names we know like Billie Mitch- 60th anniversary of the United States strong national defense and certainly ell and Jimmy Doolittle, Lance Sijan, Air Force and all of those who have vote in favor of H. Con. Res. 207. Hap Arnold, Bud Day, Clarence Kelly served, and I urge my colleagues to Mr. SPRATT. Mr. Speaker, I will Johnson, and names we don’t know of support this bill. continue to reserve my time. airmen and women called to serve and Mr. Speaker, I reserve the balance of Mr. TURNER. Mr. Speaker, I yield 3 inspired by the thrill of flight. my time. minutes to Mrs. WILSON of New Mexico. Mr. SPRATT. Mr. Speaker, in the in- Mr. SPRATT. Mr. Speaker, we have a Mrs. WILSON of New Mexico. Mr. terest of jointness, I have now the long list of cosponsors on this side of Speaker, the important thing about pleasure of recognizing and yielding 4 the aisle for this resolution, and I had this resolution, to me, is that the Air minutes to the gentleman from Penn- a long list of potential speakers; but Force and celebrating its anniversary sylvania (Mr. SESTAK), who is a retired due to the rearrangement of resolu- is about the people who have served, naval admiral. tions, none is here now; and I would those who’ve worn the uniform. Mr. SESTAK. Mr. Speaker, I rise in simply yield to the gentleman from In 1916, at the age of 17, my grand- support of this resolution. This past Ohio so that he can further yield his father lied about his age and joined the weekend I had the opportunity with an time. And if you need further time on Royal Flying Corps. He flew DH–7s and 82-year-old airman to sit down with our side, we will be glad to grant it as DH–9s and did sub search in the Irish him and awarded him, after some work well. Sea during World War I. had been done, with the Distinguished I reserve the balance of my time, of And after the First World War, there Flying Cross. And he so proudly opened course. weren’t many jobs to be had, so he up his charts and the maps that he had Mr. TURNER. Mr. Speaker, I yield 3 came to America in 1922 and became a flown over Europe back in World War minutes to Dr. GINGREY of Georgia. barnstormer in the early days of civil II. Mr. GINGREY. Mr. Speaker, I rise aviation, really the heyday of civil And as a Navy officer, I came to real- today in support of H. Con. Res. 207, aviation, as new airplanes, new ize the quite close bond we had as he recognizing the 60th anniversary of the records, new payloads for speed and proudly then pointed to his log book United States Air Force as an inde- distance were being set across Amer- and said, this was the ship, as they pendent military service, joining my ica. called their aircraft, that we were on colleague, the mayor of Dayton, and In World War II, he towed targets and during those missions. my colleague on the House Armed ferried parts and developed a system to But what I want to speak about is Services Committee. Medivac soldiers out of the China, that wonderful passage in the book by Many Americans may not realize Burma, India theater of operations. Tom Wolf, ‘‘The Right Stuff.’’ In it, as that for the first 40 years of its exist- Then it was B–72s and B–25s, P–38s and he talks about aviators, he spoke about ence, the United States Air Force was Corsairs. actually a department of the Army. It In 1943, as a boy of 13, my father how they take off and they fly, and was not until President Harry Truman started taking flying lessons, traded often, particularly as the 50s, 60s and signed the National Security Act of them for time as a line boy down at the 70s occurred, they would often find 1947 that the Air Force became an inde- airport. And after World War II, and themselves, all of a sudden, at some pendent military service and W. Stuart before Korea, my dad joined the Army critical moment, where through their Symington became the first Secretary Air Corps, which while he was in serv- skill, their determination they man- of the Air Force, later a United States ice became the United States Air aged to pull themselves out of a dan- Senator. Force. He was a crew chief at Walker gerous situation at the last yawing mo- Since 1947, the Air Force has been an Field in Roswell, New Mexico, taking ment. integral part of the United States mili- care of, I think, F–86s at that time, al- But then Tom Wolf went on and he tary. Over the last 15 years the United though the hot plane was the F–100. said that’s not really the key to these States Air Force has been in contin- He left the Air Force and came home men and women. He said, then they uous combat. Operation Desert Shield to be a commercial pilot. He taught my took off again the next day and did the and Desert Storm featured a full spec- mom to fly. And in our 2-bedroom same thing, and the next day and the trum of Air Force capabilities. During house we had three kids, two dogs, a next day, and every day after that, just the so-called ‘‘peacekeeping missions’’ den that was full of airplane. like clawing up a pyramid, never know- in Somalia, Haiti and Kosovo, the Air In 1976, when I was a junior in high ing each time whether they would or Force contributed logistical and oper- school, I was in my mother’s bedroom would not be able to pull it out at the ational support and demonstrated its when there was a television story on last crying moment. That, Tom Wolf ability to achieve mission objectives her little black and white portable TV said, is the right stuff. without the use of ground forces. that said that the Air Force Academy So I rise in commemoration of the In Georgia’s 11th Congressional Dis- was opening its doors to women. Air Force and in a very joint way who trict, Mr. Speaker, Dobbins Air Re- Well, my grandfather had had two has done so much for the security of serve Base has contributed to the suc- sons, five grandsons and me. I went to our Nation. Without a question, they cess of the Air Force by providing key see him and told him I was thinking have the right stuff. training of pilots and support per- about maybe going to the Air Force Mr. TURNER. Mr. Speaker, I yield 2 sonnel on both the C–130 and the C–5 Academy, and he said, well, I flew with minutes to Mr. LAMBORN from Colo- platforms. In addition to Dobbins’ some women in World War II and they rado. training capabilities, FEMA’s Federal were pretty good sticks, so I guess Mr. LAMBORN. Mr. Speaker, I rise Incident Response Team Atlanta is that’d be okay. today in support of the resolution and staged at Dobbins, and it mobilizes My grandfather started to fly shortly to honor the men and women of the throughout the Southeast to disasters, after the Wright brothers first took to United States Air Force who, today, both natural and manmade. the air, and he lived to see a man walk celebrate 60 years of dedicated service. Dobbins also plays a role in the con- on the Moon. It has been a remarkable On a cold December day in 1903 in tinued air dominance of the United century of aviation, and the Air Force Kitty Hawk, North Carolina, the States as the initial testing grounds has been part of it. Wright brothers achieved the world’s for the F–22 Raptor stealth fighter. Next year, after 33 years of service, first powered flight which lasted mere- Never before has the United States’ active, Guard and Reserve, my husband ly 59 seconds. Today our Air Force pos- ability to project military power de- will retire from the United States Air sesses an extraordinary global reach pended so heavily on air and space ca- Force. and even beyond into space thanks to pabilities. Whether in a leading role or Generations have been inspired and the men and women who have served or a support role, the United States Air protected by air warriors who broke are serving in the Air Force.

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K18SE7.097 H18SEPT1 bajohnson on PROD1PC71 with HOUSE September 18, 2007 CONGRESSIONAL RECORD — HOUSE H10491 Mr. Speaker, the United States Air Our Air Force flies the oldest aircraft Our Air Force flies the oldest aircraft that we Force has had a long and proud tradi- that we have ever had to support, and have ever had to support—and they will be tion of defending our Nation, as well as they will be getting older and more getting older and more costly to maintain if being a worldwide leader in aero- costly to maintain if nothing is done to nothing is done to reverse the trend. Both our nautical innovation. Since its early reverse this trend. B–52s and KC–135s average 46 years old days, the Air Force has been in every Both our B–52s, our KC–135s average today; in 2030, they will average 68 years old. military operation, from World War I 46 years old today. In 2030 they’ll be 68 Our A–10s average 26 years old today; in to our present struggle in the global years old. Our A–10s average 26 years 2030, they will average 49 years old. Though war on terror. old today. In 2030 they’ll be almost 50 the Air Force is the youngest service, it has My father, who now is 88 years old, years old. Though the Air Force is the the most to lose in the fight against compla- fought in World War II as part of what youngest service, it has the most to cency. was then the Army Air Corps. lose in the fight against complacency. Our Air Force is constantly in demand by I am proud to have the Air Force Our Air Force is constantly in de- combatant commanders around the globe but Academy, Schriever Air Force Base mand by combat commanders around the size of our Air Force is the smallest it has and Peterson Air Force Base all lo- the globe, but the size of our Air Force been in decades. The Air Force had approxi- cated in the 5th District of Colorado. is the smallest it’s ever been in dec- mately 4,400 fighters in 1985, today we have Schriever Air Force Base is home to ades. The Air Force had approximately around 2,500, and in 2030 it will have fewer the 50th Space Wing, which is one of 4,400 fighters in 1985. Today we have than 1,400. Despite technological improve- the world’s best space command and 2,500. ments, the Air Force cannot fulfill its global control teams, delivering combat b 1630 missions without sufficient force structure—airpower from space for America and its craft simply cannot be in two places at once, allies. At Peterson Air Force Base, we In 2030 it will have fewer than 1,400. whether in Korea and Afghanistan or above have the 21st Space Wing, the Air Despite technological improvements, New York City. Force’s only organization providing the Air Force cannot fulfill its global Never before has the Nation’s ability to missile warning and space control to missions without sufficient force struc- project military power depended so heavily on commanders and combat forces world- ture. Aircraft simply cannot be in two air and space capabilities. Whether it is the wide. places at once, whether in Korea or Af- principal actor or a supporting force, the Air Finally, Colorado Springs has the ghanistan or above New York City. Force brings to the fight unsurpassed air, highly regarded United States Air So for all of its immense accomplish- space, and cyberspace capabilities—adding Force Academy, whose mission is to ments, the Air Force still faces formi- strength, flexibility, and resilience to the joint educate, train and inspire men and dable challenges as it enters the sev- force. In many cases, other U.S. military women to become officers of character enth year of the global war on ter- branches would not be able to carry out their motivated to lead the United States rorism. Losing our airpower edge is not missions without the Air Force. Air Force in service to our Nation. a responsible option. We must ensure Much has changed over the years. The Air For the past 60 years, Mr. Speaker, this does not happen. Force is flying unmanned aircraft over Iraq the strength, preparedness, and innova- In closing, let me leave you with the and Afghanistan controlled by airmen from tive superior air power of the United words of one of the Air Force founders, bases in the United States and other remote States Air Force has helped ensure Five-Star General Hap Arnold. His locations around the world. Moreover, invest- peace in the United States and words still ring true today and are es- ments in air and space technologies have pro- throughout the world. pecially poignant as we celebrate the duced precision that would have been un- Mr. Speaker, I thank the United 60th anniversary of the United States imaginable even 15 years ago. Accuracy of States Air Force today and its airmen Air Force: weapons is now measured in mere feet from and -women for 60 years of service to ‘‘Our Air Force belongs to those who the target. our great Nation. come from ranks of labor, manage- Mr. SPRATT. Mr. Speaker, I reserve Mr. SPRATT. Mr. Speaker, I have no ment, the farms, the stores, the profes- the balance of my time. requests at this time on this side. I sions, and colleges and legislative halls Mr. TURNER. Mr. Speaker, I yield 2 therefore yield to the gentleman. If . . . Air power will always be the busi- minutes to the gentleman from Texas you need some of my time, I will gladly ness of every American citizen.’’ (Mr. CONAWAY). yield it. I rise today to honor and celebrate the 60th Mr. CONAWAY. Mr. Speaker, I thank Mr. TURNER. Mr. Speaker, I yield anniversary of the United States Air Force. my colleagues from Ohio and South 21⁄2 minutes to Mr. STEARNS of Florida. The Air Force is the world’s dominant source Carolina. (Mr. STEARNS asked and was given of air and space power. America can rightly I rise today to recognize the 60th an- permission to revise and extend his reclaim to be the greatest military power—a niversary of the United States Air marks.) power that affords us prosperity and security. Force as an independent military serv- Mr. STEARNS. Mr. Speaker, I rise in This status is due in no small part to our over- ice and to support House Concurrent support of this resolution. And as a whelming supremacy in air and space. How- Resolution 207, a bill which acknowl- former Air Force officer and veteran ever, what is most impressive is the integrity edges and commemorates this signifi- and one of the co-founders of the House and dedication of the men and women of the cant milestone in our country’s his- of Representatives Air Force Caucus, I Air Force who work hard everyday to ensure tory. know firsthand how the Air Force pro- air supremacy. From the days the sky was ruled by vides our Nation a unique military ad- The Air Force is the youngest of our Na- such pioneers of aviation as Eddie vantage, obviously, indispensable in tion’s military branches. It is able to adapt in Rickenbacker and Hap Arnold, the war and peace, to know what is hap- time and space by changing position. The ef- United States Air Force has continued pening around the globe, to lend a hand fects the Air Force can achieve through per- its commitment to fielding a world- with humanitarian assistance, to deter spective, range and endurance are those no class Air Force by recruiting, training, nations that would use aggression to other military instrument can execute. Our Na- and educating its active duty, Air Na- bully their neighbors, and to defend tion’s ability to gain an advantage over our en- tional Guard, Air Force Reserve, and our Nation when we are attacked and emies by exploiting air and space is unsur- civilian personnel. dealt a decisive blow to our foes. passed. Over the past 60 years, the United But I bring to your attention, my The overwhelming advantages afforded to States Air Force has repeatedly proved colleagues, something that perhaps our Nation by the Air Force can be lost its value to the Nation by fulfilling its would not be talked about, that this through inattention to modernization or by critical role in national defense and supremacy could be threatened. And so under-funding force structure. We are now at protecting liberty and humanity I wish to, in this short amount of time a point, after 17 years of continuous combat— throughout the world. talk about, although the Air Force has from Desert Storm, Bosnia and Kosovo to Iraq On September 11, 2001, the United an overwhelming advantage right now, and Afghanistan today—where our Nation’s States Air Force fighters took to the we are now at a point where a lot of the continued superiority in air and space is at skies to fly combat patrols over major equipment is growing old. risk. U.S. cities to protect our loved ones

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K18SE7.099 H18SEPT1 bajohnson on PROD1PC71 with HOUSE H10492 CONGRESSIONAL RECORD — HOUSE September 18, 2007 from further attack. Today, United more than 10 tons of food and supplies After World War II, Muroc Army Air Field States airmen continue their great to the region. Foreign citizens and was alive with activity on the X-plane pro- service around the world to defend our Americans alike were once again grams, resulting in great successes such as liberties and freedoms in the global blessed by the humanitarian spirit of the Bell X–1, which broke the sound barrier on war on terror. the Air Force. October 14, 1947, with Chuck Yeager at the Mr. Speaker, I am proud to represent Today I rise not just as a proud controls. The base was renamed in 1949 after Goodfellow Air Force Base in San An- American but as a Member of Congress CPT Glen Edwards, who died in a crash of the gelo, Texas, a facility that’s dedicated who is blessed with the good fortune of YB–49, and the Air Force Flight Test Center to training of intelligence specialists representing the brave men and women was activated in 1951, the same year that the and firefighters. I’m proud to represent of the 7th Bomb Wing and the mighty Air Force moved its test pilot school to Ed- the folks who used to serve there, who C–130 Hercules of the 317th Airlift wards. In the 1960s, the X–15 broke record serve there today, and who will serve Group at Dyess Air Force Base. Just after record for speed and altitude. Over the this great Nation tomorrow. last week I met with several of them years, the Flight Test Center has tested and Mr. Speaker, I encourage my col- before they deployed overseas, and I supported the development of virtually every leagues to join with me and others in was swept away by their overwhelming aircraft system that has entered the Air Force celebrating this anniversary by sup- courage and resounding spirit. Ameri- inventory and has been involved in more porting this resolution. cans know that when airmen put on major milestones in flight than any other com- Mr. TURNER. Mr. Speaker, I yield 2 their flight suits, they are not just put- parable organization in the world. It has been minutes to the gentleman from Texas ting it on for themselves but for all on the cutting edge of every major develop- (Mr. NEUGEBAUER). Americans. They do it for others and ment that has transformed the field of flight, Mr. SPRATT. Mr. Speaker, I yield 1 they continue to do it so we can all live from the first American jet plane to the current minute to the gentleman from Texas. freely. system-of-systems revolution. (Mr. NEUGEBAUER asked and was In the relatively short time the Air It is a pleasure to recognize and honor the given permission to revise and extend Force has been in existence, its con- hard work of the men and women of our his remarks.) tributions to America’s security have United States Air Force on their 60th anniver- Mr. NEUGEBAUER. Mr. Speaker, I been historic. America owes the United sary, although each day we should remember rise today to offer my sincerest birth- States Air Force a debt of gratitude for those who sacrifice in defense of our country. day wishes to an American institution all that they have given us and will As the Air Force moves forward from its 60th that has helped provide freedom and continue to give us, without fear or year, we can look to the motto of the Air Force liberty for all of us that we enjoy hesitation. They are always the back- Flight Test Test Center—‘‘Ad Inexplorat . . . today, and that is the Department of bone of our projected forces. Toward the Unexplored.’’ Air Force. I wish them a very happy 60th birth- Mr. TERRY. Mr. Speaker, I want to express It was 60 years ago, following the day and best wishes for another suc- my support for this resolution recognizing the passage of the National Security Act of cessful 60 years. 60th Anniversary of the U.S. Air Force as an 1947, that W. Stuart Symington was Mr. SPRATT. Mr. Speaker, I con- independent military service. sworn in as the Nation’s first Secretary tinue to reserve the balance of my Offutt Air Force Base is home to the 55th of the Air Force, chosen to lead an or- time. Wing, the Fightin’ Fifty-Fifth. Offutt’s diverse Mr. TURNER. Mr. Speaker, I yield ganization finally given its rightful missions and global responsibilities put it on myself such time as I may consume. the cutting edge of the new U.S. Air Force. place in the brand new Department of Mr. Speaker, when the Wright broth- Defense. The Air Force has gone on to There are approximately 12,000 military and ers first accomplished flight, when Federal employees representing all branches become one of the steadfast defenders they stretched out the wings of their on high, enabling us to live in relative of the military that serve on or near Offutt airplane and began to fly and then re- AFB, which is located near the Missouri River peace and tranquility knowing that turned to continue their work at they are always there literally keeping just south of Omaha and is a major presence Huffman Prairie in Dayton, Ohio, in my congressional district. a watchful eye on our Nation. which later became Wright-Patterson Since its inception, the Department Offut is also the home of STRATCOM, the Air Force Base, they could not have global integrated force that is charged with the of the Air Force has been a global lead- known the importance of their inven- er in perfecting and applying cutting- missions of space operations; information option to preserving our freedoms and to erations; integrated missile defense; global edge research and development. Wheth- preserving liberty. But they could command and control; intelligence, surveil- er it was the transition from the pro- imagine the bravery of the pilots that lance and reconnaissance; global strike; and peller to jet engines to the use of com- were to follow. strategic deterrence. puter-aided weaponry incorporating With this resolution, we honor the Mr. Speaker, the Fifty-Fifth Wing operates a satellite technology to today’s use of men and women who have served in the variety of aircraft to conduct operations from unmanned aerial vehicles taking sol- United States Air Force. Offutt AFB, Nebraska; Kadena AB, Japan; diers, marines, sailors, and airmen off Mr. MCCARTHY of California. Mr. Speaker, RAF Mildenhall, United Kingdom; Souda Bay the battlefield, the Air Force has al- I rise today in strong support of H. Con. Res. Naval Support Activity, Crete; and other loca- ways been the leader in the ‘‘Revolu- 207, a resolution recognizing the 60th anniver- tions around the world. It is the largest wing in tion in Military Affairs.’’ sary of the United States Air Force as an inde- Air Combat Command and the second largest Whether it’s patrolling the desert pendent military service. in the Air Force. skies during Operation Northern Watch I am honored that Edwards Air Force Base, Air Combat Command is the principal pro- or deterring looming Iraqi aggression home of the Air Force Flight Test Center, is lo- vider of combat airpower that supports Amer- during Operation Vigilant Warrior, cated in my district, the 22nd District of Cali- ica’s global national security strategy. It oper- both in the 1990s, the men and women fornia. I rise today to honor the men and ates fighter, bomber, reconnaissance, battle- of the Air Force are constantly re- women of the United States Air Force, espe- management and electronic-combat aircraft. It minded that peace is not always peace- cially those who have spent part or all of their also provides command, control, communica- ful. careers in the pursuit of cutting edge flight tions, intelligence systems, and information Providing a multitude of services to technology at Edwards. operations in support of the war on terror in their fellow warriors on the ground, The USAF was ‘‘born’’ in 1947, but as we Iraq and Afghanistan. along with dominating the skies all know, our military’s efforts to explore air Mr. Speaker, as the U.S. Air Force cele- against our enemies, they have played power began in the early part of the 20th cen- brates its 60th Anniversary, I want to join my a critical role in not only defending tury with the Wright Military Flyer. The area colleagues in recognizing the many contribu- America’s interests abroad but being now known as Edwards joined the effort in tions it has made to the defense of our Nation. ambassadors of goodwill. 1933, when LTC Henry H. ‘‘Hap’’ Arnold of the Mrs. TAUSCHER. Mr. Speaker, I am proud Just ask the airmen who sit on con- Army Air Corps selected a site on the edge of to be a cosponsor of H. Con. Res. 207—Rec- stant alert in the Central Command Rogers Dry Lake for a bombing and gunnery ognizing the 60th Anniversary of the U.S. Air ready to deliver relief aid, as they did range at a place called Muroc, a reversal of Force. last summer during the conflict be- the last name of the Corum family, which had I am honored to represent the men, women, tween Lebanon and Israel, delivering settled in the area in 1910. and families that make up Travis Air Force

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00056 Fmt 7634 Sfmt 9920 E:\CR\FM\K18SE7.102 H18SEPT1 bajohnson on PROD1PC71 with HOUSE September 18, 2007 CONGRESSIONAL RECORD — HOUSE H10493 Base in Fairfield, California. They are the serv- vital airlift and medical evacuation support to Our Nation’s Air Force has essentially pro- ice men and women who represent ‘‘The our forces as they fight to stop the spread of vided our ground and naval forces with the Gateway to the West,’’ and oversee more terrorism and as they respond to other contin- tools necessary to successfully fight asymmet- cargo and passenger traffic on its runways gencies. In addition to being the home of com- rical warfare by turning the landscape into a than any other military air terminal in the bat airlift, ‘‘Team McChord’’ includes the West- symmetrical one. United States. ern Air Defense Sector, the 22nd Special Tac- The Great Narrative of the next 25 years will To me, they represent what is best about tics Squadron, and the 262nd Information be the contest between globalization and pa- our Air Force and its proud history. Travis air- Warfare Aggressor Squadron. Together, day rochialism. As communications and technology men are constantly being called upon to pro- in and day out, these brave men and women continue to flatten the world, the connected vide critical service to our Nation. Along with actively support vital military operations first-world nations will benefit and their vested their Air Force colleagues across the globe around the world. interest in the global order’s continued smooth they continue to play a vital role in the global Today, we recognize the continued dedica- functioning will encourage political stability and war on terror as well as Operations Iraqi Free- tion of the United States Air Force. I congratu- economic development. Those nations left be- dom and Enduring Freedom. late them on 60 years of invaluable service to hind will see globalization as a hostile force Not only do they put their lives on the line our county. and may fight against it. It is those same in military missions whenever called upon, but Mr. LINDER. Mr. Speaker, today, I want to countries that also tend to serve as fertile the men and women of Travis have provided pay tribute to the United States Air Force, on breeding grounds for radical ideologies. The humanitarian relief across the globe as re- the occasion of its sixtieth anniversary. This challenge ahead lies in folding these countries cently as the Indonesian tsunami and right special day provides us with an important op- into the new global order. here at home in response to the hurricane portunity to recognize and honor the men and The battle we face today in the global war Katrina disaster. women who have made our Nation’s Air Force on terror is the same battle we will face tomor- The service members of Travis carry out the greatest air power in the world. As a row, and it is a war we will continue to fight their missions and protect the homeland be- former Captain in the U.S. Air Force myself, I throughout our lifetime. In some ways, this war cause they have the right airlift platforms—the shared a willingness to protect and defend the is not unlike the cold war between the U.S. C–5s and the C–17s—to do their job. United States of America with all my fellow air- and the Soviet Union; a monumental surgical This year, I was able to secure $10.8 million men and airwomen. strike will not immediately and forever deci- for the Global Support Squadron Facility at On September 18, 1947, the National Secu- mate the enemy. This war will take time, and Travis Air Force Base in the fiscal year 2008 rity Act of 1947 was enacted, and the U.S. Air will require the prolonged use of a clear, inclu- Military Construction Appropriations bill. Force was officially formed. Although it is the sive, and engaging national military strategy. This project would provide a cutting edge newest unit of the four military branches, the Currently, our armed services continue to operations facility to house approximately 130 U.S. Air Force has rapidly evolved into a seg- focus on ‘‘muddy boots’’ requirements in Iraq personnel necessary for the first Global Sup- ment of our armed services that embodies the and Afghanistan. We must remember that this port Squadron Facility on the West Coast. fundamental core values and aptitude of our would not be possible without the work of our It would enhance readiness through special- Nation’s military foundation. Nation’s Air force. In the initial stages of Oper- ized design features for command and control, In the fifth century B.C., Chinese military ation Iraqi Freedom, the U.S. Air Force paved training and deployment preparation, not avail- theorist Sun Tzu said that the ‘‘The art of em- the way for our men and women on the able in current facilities. GSS is critical to the ploying troops is that when the enemy occu- ground so that they could conduct military to- Air Force’s ability to rapidly deploy U.S. mili- pies high ground, do not confront him.’’ Draw- military training, counter-drug, counter-terrorist, tary forces and initiate operations in minimal ing on the teachings of Sun Tzu and nine- and homeland defense missions in Operation time at any base or location around the globe. teenth century military historian and theorist Enduring Freedom. The 60th Air Mobility Wing at Travis is the Carl von Clausewitz, military leaders over the It is my hope that as we celebrate the six- largest air mobility organization in the Air past 200 years have sought to perfect their tieth birthday of the United States Air Force, Force with a versatile all-jet fleet of C–5 Gal- craft in warfare. Until the 20th century, how- we will be reminded of the tremendous sac- axy, C–17 Globemaster III cargo aircraft, and ever, the might of a country’s military forces rifices that our Air Force personnel and their KC–10 Extender refueling aircraft. It handles was still incomplete. While nation-states families have made throughout the history of more cargo and passengers than any other throughout the world had successfully devel- air power so that we may all continue to enjoy military air terminal in the United States. oped their ground and sea forces, it was not and pursue the opportunities afforded us by Travis is the West Coast terminal for until the advent of aircraft that the nature of their significant role in protecting our demo- aeromedical evacuation aircraft returning sick warfare would be altered dramatically and per- cratic values. We must encourage innovation or injured patients from the Pacific area. The manently, thus finally permitting our armed in the field, and I will do my part to ensure that 60th Air Mobility Wing crews can fly support services to confront the enemy on high our Air Force will be ready to meet the future missions anywhere in the world to fulfill its ground. with the tools they need to capitalize on new motto of being ‘‘America’s First Choice’’ for Still, it took time to develop the technology technologies, to maximize transport of equip- providing true global reach. and practice of air power so that it matched its ment and military personnel, and to provide I am proud to join my colleagues in com- theoretical potential. Even though the tech- our boots on the ground with the landscape mending the Air Force and its achievements. nology for capable air power existed for the necessary to continue to deter, prevent, and Mr. SMITH of Washington. Mr. Speaker, U.S. Air Force during the Vietnam and Korean punish acts of terrorism and piracy in the U.S. since the United States Air Force was estab- wars, the United States had not developed the and around the world. lished as an independent branch of the U.S. capability of air power thoroughly enough to Mr. EVERETT. Mr. Speaker, I rise today in Armed Forces in 1947, it has played a major derive full benefit from its use until the Gulf support of House Concurrent Resolution 207 role in our national defense. Throughout its 60 War. recognizing the 60th anniversary of the United years of valiant service, from Operation Roll- Retired U.S. Air Force Colonel John War- States Air Force. Sixty years ago today, the ing Thunder over the skies of Southeast Asia, den, the initial architect of the gulf war’s air National Security Act of 1947 established what to Operations Northern and Southern Watch in campaign, ‘‘Instant Thunder,’’ once theorized we know as the premiere Air Force in the Iraq, the men and women of the United States that the most important effect that air power world. Since that time, thousands of airmen Air Force and Air National Guard have de- would have in war would be its ability to de- have served our Nation with pride and honor, fended the United States and our allies around stabilize the will and morale of the enemy’s and I am proud to recognize their service the world. military leadership. The use of American air today. Since 1947, the men and women stationed power in the gulf war and Operation Iraqi The mission of the U.S. Air Force is to de- at McChord Air Force Base in Washington Freedom successfully proved Colonel War- liver sovereign options for the defense of the state have played a key role in supporting the den’s theory true. United States of America and its global inter- mission of the Air Force, and I want to ac- The U.S. Air Force is unmatched in its tech- ests—to fly and fight in air, space, and cyber- knowledge their outstanding service. nological prowess, providing air and space su- space. Air Force aircraft, tankers, and cargo ‘‘Team McChord,’’ which includes the 62nd periority on demand, and playing an important planes play key roles in nearly every combat Airlift Wing, and its Air Force Reserve compo- role in America’s nuclear deterrence. The U.S. operation our Nation undertakes. Additionally, nents in the 446th Airlift Wing, has flown con- Air Force is revolutionary in that it is an expe- their capabilities in space have become critical tinuous combat airlift operations every day ditionary air force: It gets our ground forces to to air, land, and sea combat operations and since October 2001. These operations provide the fight, and gets our air power in the fight. are a benefit to our entire Nation.

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00057 Fmt 7634 Sfmt 9920 E:\CR\FM\A18SE7.062 H18SEPT1 bajohnson on PROD1PC71 with HOUSE H10494 CONGRESSIONAL RECORD — HOUSE September 18, 2007 For the past 60 years, Air Force aircraft, As the Air Force ushers in its next 60 years, May 1941 while serving with the Beech Air- missiles, and satellites have kept our Nation we can be assured it will be postured to meet craft Company in Wichita, Kan. At the time of safe. While the many technologies and ad- new challenges in air, space, and cyberspace. his death, the major was working on the in- vancements have certainly contributed to our As a member of the Air Force Caucus, I am spection board for AT–10 transitional trainers national defense, it is the most prized re- proud to provide for the needs of current and which were later sent to Moody. source of the Air Force—its airmen—that truly future force. Although the service is the While each base has a rich history, Moody make a difference for our Nation and the youngest of the branches of our Armed began a new chapter in its history just recently world. As a member of the Air Force Caucus, Forces, there is no question that the Air Force when the 23rd Fighter Group relocated to I am pleased to recognize the service of both has made, is making, and will continue to Moody and began flying A–10 missions in the current and former Air Force personnel on this make an extraordinary contribution to our na- skies over Valdosta. 60th anniversary. tion’s defense. The 23rd Fighter Group also known as the As we consider this resolution, our Nation’s As a nation, we are indebted to the Air ‘‘Flying Tigers’’ was formed under the com- airmen are serving in every corner of the Force for its commitment and sacrifice. I con- mand of General Claire Chennault and was world, including many in Alabama’s Second gratulate Secretary Wynne, General Moseley, part of his China Air Task Force, taking over Congressional District. I am proud to represent and the entire Air Force team for 60 years of the mission of the disbanded American volun- Maxwell-Gunter Air Force Base, home of Air dedicated service and defense of our freedom. teer group ‘‘Flying Tigers.’’ Several of the University, along with the 42nd Air Base Wing, Mr. KINGSTON. Mr. Speaker, 60 years ago original Flying Tigers flew with the 23rd Fight- the Operations and Sustainment Support President Harry Truman, through the National er Group in the China-Burma-India Theater, Group, the 908th Airlift Wing, the 754th Elec- Security Act of 1947, created the United passing on their knowledge and experience. tronic Systems Group, the Air Force Logistics States Air Force and ended a 40-year asso- Like Mitchell before him, Chennault was an- Management Agency, and the newest squad- ciation with the U.S. Army. This move signaled other early pioneer and controversial figure ron in the Air Force, the 100th Fighter Squad- the dawning of a new age and placed air- who made today’s Air Force possible. He ar- ron. The 100th Fighter Squadron is special be- power in its proper place as a vital element of gued vehemently for the fighter plane in the cause it was the squadron of the famed our Nation’s defense. 1930s—a time when the rise of the bomber Tuskegee Airmen during World War II, and I Airpower had proven its worth to President aircraft had consumed the Air Corps experts am pleased that this squadron will call Mont- Truman and many others over those 40 years. and were the focus for their tactics. gomery home. From Military Air Balloon success in World Air University is a major component of Air In fact, it was his continued belief and pas- War I, to Billy Mitchell’s airpower demonstra- Education and Training Command and is the sionate advocacy for the fighter that led to his tion off Virginia’s coast, to the Doolittle Raids Air Force’s center for professional military edu- isolation at the famed Air Tactical School and and the devastating bombing raids in World cation. Air University provides the full spec- eventually drove him to become an advisor in War II, airpower allowed our military com- trum of Air Force education, from pre-commis- China and the rest as we say is history. manders to fight for and defend our Nation as sioning to the highest levels of professional Today we mark the Air Force’s 60th birthday never before. military education, including degree granting in order to reflect on its heroes of the past, Creating a separate Air Force allowed our and professional continuing education for offi- and more importantly, to recognize the cour- brave service men and women to fully con- cers, enlisted and civilian personnel through- age and sacrifice our airmen and their families centrate on honing the skills and pushing the out their careers. make each and every day for our freedom. Air University’s Professional Military Edu- ever-expanding envelope of airpower. Quite simply, I salute you. cation programs educate airmen on the capa- In Georgia today, we have Air National Mr. TURNER. Mr. Speaker, I yield bilities of air and space power and its role in Guard and/or Air Force Reserve units at Dob- back the balance of my time. national security. These programs focus on bins Air Reserve Base, Robins Air Force Mr. SPRATT. Mr. Speaker, I have no the knowledge and abilities needed to de- Base, Savannah, Macon and Brunswick as further requests for time, and I yield velop, employ, command, and support air and well as active-duty units at Moody Air Force back the balance of my time. space power at the highest levels. Addition- Base. The SPEAKER pro tempore (Mr. ally, Air University conducts research in air And whether it is C–130s from the 165th SARBANES). The question is on the mo- and space power, education, leadership, and Airlift Wing or men and women from the 117th tion offered by the gentleman from management and contributes to the develop- Air Control Squadron which just won the 2007 South Carolina (Mr. SPRATT) that the ment and testing of Air Force doctrine, con- Outstanding Air Control Squadron award from House suspend the rules and agree to cepts and strategy. the National Guard Association of the United the concurrent resolution, H. Con. Res. This year the Air Force also celebrates the States, each of Georgia’s units and the out- 207. 25th birthday of Air Force Space Command. standing men and women who serve in them The question was taken; and (two- As Ranking Member of the House Armed contribute around the world fighting the Global thirds being in the affirmative) the Services Strategic Forces Subcommittee, I am War on Terrorism. They also provide a formi- rules were suspended and the concur- privileged to work with some of the finest in dable force in the face of disaster here at rent resolution was agreed to. the Air Force on a set of programs that I be- home, as was seen in the aftermath of Hurri- A motion to reconsider was laid on lieve will only become more important to our cane Katrina when rescue helicopters from the table. future security. Our world is becoming increas- Moody teamed up with other Air Force rescue ingly dependent on assets and platforms in units to save more than 4,300 people from the f space, and America’s Air Force is meeting the disastrous and deadly storm. GENERAL LEAVE challenges of the 21st Century security envi- Dobbins, Robins and Moody can all trace ronment. their beginnings to the Army and the 1940– Mr. SPRATT. Mr. Speaker, I ask During the cold war, Air Force U–2 recon- 1941 timeframe when the War Department unanimous consent that all Members naissance aircraft kept us safe by keeping was making preparations in case the United may have 5 legislative days in which to watch on the Soviets. I am proud to note that States went to war—which came to fruition on revise and extend their remarks on the I served as an Intelligence Analyst supporting December 7, 1941 when the Japanese de- legislation, H. Con. Res. 207. this platform from 1955–1959 in West Ger- clared War on the United States and attacked The SPEAKER pro tempore. Is there many. These aircraft performed a number of Pearl Harbor. objection to the request of the gen- critically important missions and made a vital Dobbins began as Rickenbacker Field, but tleman from South Carolina? contribution to our National defense. was re-named in 1950 in honor of Captain There was no objection. Air and missile crews manning nuclear Charles M. Dobbins of Marietta, whose air- bombers and ICBMs provided our Nation with plane was shot down during the war near Sic- f a powerful strategic deterrent. These capabili- ily. SPECIAL ORDERS ties were a major component of our ‘‘Peace Robins is named after Brigadier General Au- Through Strength’’ policy that enabled the gustine Warner Robins, one of the Army Air The SPEAKER pro tempore. Under United States to win the cold war, and I think Corps’ first General Staff Officers. The Warner the Speaker’s announced policy of Jan- it is appropriate for Congress to recognize the Robins Air Logistic Center which preceded the uary 18, 2007, and under a previous dedicated service of countless numbers of air- base is also named after the General. order of the House, the following Mem- men who protected our Nation during this Moody is named after MAJ George Putnam bers will be recognized for 5 minutes time. Moody, an early Air Force pioneer killed in each.

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\A18SE7.066 H18SEPT1 bajohnson on PROD1PC71 with HOUSE September 18, 2007 CONGRESSIONAL RECORD — HOUSE H10495 DREAM ACT—BAD DREAM This silly law goes further. It repeals imperatives ahead of sound economic The SPEAKER pro tempore. Under a a law that this body signed into law in policies.’’ The New York Times said of previous order of the House, the gen- 1996. In 1996, the legislation was en- Mr. Greenspan’s book: ‘‘The Bush ad- tleman from Texas (Mr. POE) is recog- acted by Congress, started in this ministration was so captive to its own nized for 5 minutes. House, stating that States cannot give political operation that it paid little Mr. POE. Mr. Speaker, there are preference to illegals and let them pay attention to fiscal discipline.’’ some in Congress who have gone to in-State tuition unless those same And the irony here is that when sleep and blissfully are dreaming of States treat foreign nationals who are President Bush took office and the Re- ways to get more illegals benefits that legally in the country and out-of-State publicans had control of the House and American taxpayers are going to have students, students from other States, the Senate, they were left with $5 tril- to pay for. the same way. The law applied saying lion in surplus. And in a short period of It’s called the DREAM Act, or spe- you have to treat everybody equally time, they’ve added $3 trillion to the cifically the Development, Relief, and and you have to treat Americans the Nation’s debt; $3 trillion, the fastest Education for Alien Minors Act. You same as illegals if you let them go to accumulation of debt and greatest notice that word ‘‘alien.’’ It only ap- your university with in-State tuition. amount of debt in the shortest period plies to aliens illegally in the United In spite of this 1996 law, there are 10 of time in American history. States, not to American citizens and States who defy this law and have ig- Now, this is what he goes on to say not to foreign nationals who are here nored the law and have allowed in- about this administration, which I find legally. It’s a bill to give preference to State tuition for illegals. Those 10 almost intriguing, and also about the illegals in our public universities. States: California; unfortunately, my Republicans. He looked forward, he Here’s how it works under normal home State of Texas; Illinois; Okla- says, to working with this administra- circumstances: Most States require homa; Utah; Washington; New Mexico; tion because at least he worked, as he that if you are not a resident of their Kansas; Nebraska; and New York. You said, with some of the best and bright- State, you pay out-of-State tuition to see, these 10 States violate Federal law est of this administration. And he go to their public universities. For ex- because they already allow in-State shared memorable experiences with ample, if you are from New Jersey or tuition for illegals that are in their DICK CHENEY, Don Rumsfeld, among from India and you go to school at State. others. And on a personal basis, that is Texas University, you pay out-of-State This is called ‘‘nullification.’’ That’s how it worked. But on policy matters, tuition because you are not from a legal term, Mr. Speaker, which I was soon to see my old friends veer Texas. Most public universities have means that a State ignores or passes off in unexpected directions. this rule. legislation contrary to Federal law. He was disappointed, he says, from The DREAM Act, however, will do Nullification is not a new concept. It the start. Mr. Greenspan notes that something differently. It applies only started over 150 years ago when several ‘‘little value was placed on rigorous to folks who are illegally in the coun- southern States decided they could economic policy debate or weighing the try and who can attest that they came nullify Federal laws that they didn’t long-term consequences.’’ He says that before they were the age of 16. If so, like. in George W. Bush’s White House, the this person will be able to get a green political operation was far more domi- b 1645 card, later to get a permanent resi- nant. dence card, and then after that get a And so one reason for the Great War Now, I will mention, since it’s only green card for the parents of this ille- between the States was because of the fair, that he is quite complimentary of gal who brought this child into the nullification concept where States what President Clinton and the Demo- United States illegally in the first voted laws that were contrary to Fed- crats did in the 1990s of basically a pay- place. eral law. as-you-go process, weighing long-term It gives priorities to illegals over So this DREAM Act will legalize the economic consequences to their deci- American citizens and foreign nation- conduct of these 10 States. It will then sions, and always putting America’s als who are legally in the country. It give amnesty and in-state tuition to long-term economic consequences be- discriminates against Americans. It illegals in this country at the det- fore political considerations. And he discriminates against foreign students riment of American students and legal praises what was then the fiscal dis- because it only applies to illegals who foreign students. Mr. Speaker, this cipline that was adopted in the 1990s are here so that they can go to our pub- ought not to be. Americans should not that led to unprecedented economic lic universities and pay in-State tui- have to pay the cost for the education growth. tion because if you are from some of illegals in this country. And illegals Now, Mr. Greenspan does not put all other State or some foreign nation and that come to this country and get in the burden of the $3 trillion of debt on legally in the country, you pay out-of- our universities should not get to pay President Bush. He puts that burden State tuition, which, of course, is less than Americans who live in other also on the Republicans in Congress for more. States. what they did in conjunction with this It seems to me this violates the equal And that’s just the way it is. President. And, again, let me read from protection clause of the 14th amend- f his book. Greenspan says that ‘‘for ment. It treats illegals who are vio- many of the Republican Party leaders, ‘‘GREENSPAN’’ lating the law by being here in the altering the electoral process to create United States already better than The SPEAKER pro tempore (Mr. permanent Republican-led government Americans. SARBANES). Under a previous order of became a major goal. House Speaker Mr. Speaker, as college costs con- the House, the gentleman from Illinois HASTERT and House Majority Leader tinue to soar, most Americans who (Mr. EMANUEL) is recognized for 5 min- Tom Delay seemed readily inclined to have kids that go to college have to utes. loosen the Federal purse strings any foot that bill. I just had my four chil- Mr. EMANUEL. Mr. Speaker, the time it might help add a few more dren finish college not too long ago and former Fed Chairman, Alan Greenspan, seats to the Republican majority.’’ just paid off the last college loan. I has recently released his memoir for Alan Greenspan notes that the Re- have one daughter who is still paying the years of his time in public service. publicans led an earmark explosion and on her college loan after she received And it comes as a surprise to many says Congress was too busy feeding at her doctorate degree. that President Bush and the Repub- the trough. In the end, Mr. Greenspan There are many Americans who will licans in Congress do not fair particu- says again, ‘‘The Republican Congress not be able to go to college because it larly well. lost their way. They swapped principle now costs too much for them to go. But Reuters said the Fed chairman, Mr. for power. They ended up with nei- the dreamers want it to cost even more Greenspan, in his book, ‘‘sharply criti- ther.’’ Mr. Greenspan praises the pay- because they want us to subsidize cizes the President, President Bush’s as-you-go spending rules and the fiscal illegals so they can go to school with administration and Republican con- disciplines of the 1990s that resulted in in-State tuition. gressional leaders for putting political the surplus I just mentioned.

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On natural interests in this conflict, not gress has done is adopt the pay-as-you- the grounds of Marine Corps base Camp just the interests of Iraqis. go rules, the fiscal discipline that put Lejeune, land has been acquired adja- Our troops have served our country us on a path to again putting our fiscal cent to the Beirut memorial, and the courageously and brilliantly, but our house in order and in balance with our first phase of construction is expected engagement in Iraq has degraded our priorities as we go. to begin later this year. security, pushing our Army to the But Mr. Greenspan’s book, I don’t The design of the memorial consists breaking point so that it cannot con- think any time soon will be on the best of a gazebo over a reflecting pool and front other pressing security concerns seller list or talked about in Repub- fountain encircled by a glass wall in- at home and abroad. My military serv- lican clubs or Republican book circles, scribed with the names of all those who ice as a 3-star admiral, having led an lays bare what a number of us have made the ultimate sacrifice for our Na- aircraft carrier battle group in combat been saying about this administration tion. Hidden within a dark gray granite operations in Afghanistan and Iraq and and the Republican Congress, that base, lights will gently illuminate the served as Director of the Navy’s anti- they, or as JOHN MCCAIN quotes, ‘‘spend engraved names on the curved glass terrorism unit, convinces me that an like a bunch of drunken sailors.’’ And memorial. inconclusive, open-ended involvement they have now left America stranded Once completed, the memorial will in Iraq is not in our security interests. with mountains of debt. enhance the Beirut memorial and any Ending this war is necessary, but how The one thing that we can say about further memorials built within the we end it is of even greater importance President Bush and the Republican Lejeune Memorial Garden. By creating both for our security and our troops’ Congress when it comes to the econ- an environment where relatives and safety. These two considerations, our omy and the fiscal mess that they’ve the general public can come to remem- security and our troops’ safety, are the left is that we will forever be in their ber and reflect on the men and women dual catalysts for a bipartisan discus- debt. That is one thing that you can al- who gave their lives in Vietnam, this sion to end this war. ways say. But I find it most intriguing memorial will attract thousands of First, America’s security. Our Army that Greenspan, who is a life-long Re- visitors to Onslow County each year. will rapidly unravel if redeployment publican and served and worked with The Onslow Vietnam Veterans Me- from Iraq does not begin before spring, President Reagan, President Bush, morial Foundation has raised and col- 2008. Today, 40 percent of all U.S. Army President Clinton, President Bush, and lected about $1.2 million toward the $5 equipment is in Iraq. There is no Army President Ford, saw that this adminis- million estimated cost of the memo- unit now at home in a state of readi- tration and this Republican Congress rial. In support of this worthy project, ness able to deploy anywhere another and cohorts, when they worked to- Mr. Kenji Horn and others who believe contingency might occur in the world. gether for 6 years, left this country in in this memorial have organized a Second, the safety of our troops. Re- a worse fiscal shape than the one they fund-raising motorcycle run in Jack- deployment from Iraq will be lengthy. inherited. And all of us will be judged sonville, North Carolina, on Saturday, Moving 160,000 troops and 50,000 civil- in our public life for the country we in- September 22 of this year. It is open to ians and closing bases are logistically herited and the country we left behind. everyone, and all types of motorcycles challenging, especially in conflict. To And what we got left behind is nothing are welcome. Registrations have come ensure our troops’ safety, it will take but a fiscal mess that those of us who in from Florida, Pennsylvania, South at least a year, probably 15 to 24 have taken the tough votes and the Carolina, Kentucky, and other States months. The ‘‘long pole in the tent’’ is tough decisions put America’s long- around the country; and more than the closure or turnover of 65 forward term economic interests at the center 1,500 motorcycles are expected to par- operating bases. Conservatively, it of our economic policy. ticipate. takes 100 days to close one forward op- f Mr. Speaker, in today’s world, we all erating base. It will be important to balance how many to close at one time, IN SUPPORT OF ONSLOW VIETNAM are aware of the debt of this Nation, and we understand the reality that with calculations about surrounding VETERANS MEMORIAL FOUNDA- strife, and the fact that Kuwait’s re- TION most worthwhile projects must be funded by the private sector. So it is ceiving facilities to clean and package The SPEAKER pro tempore. Under a my hope, Mr. Speaker, that people vehicles for customs and shipment previous order of the House, the gen- from around this Nation will be inter- back to the United States can handle tleman from North Carolina (Mr. ested in learning more about the only two to 21⁄2 brigade combat teams JONES) is recognized for 5 minutes. Onslow Vietnam Veterans Memorial at a time, with the fact that there are Mr. JONES of North Carolina. Mr. Foundation. Our Vietnam veterans currently 40 brigade combat team Speaker, I rise today in support of an have earned this honor. equivalents in Iraq today. important effort to honor our Nation’s And I close, Mr. Speaker, by saying, Redeployment is the most vulnerable Vietnam veterans. please God, continue to bless our men of all military operations, particularly The Onslow County Vietnam Vet- and women in uniform, and please, because this one will be down a single erans Memorial Foundation in Jack- God, continue to bless America. road leading from Iraq to Kuwait, sonville, North Carolina, is a nonprofit ‘‘Road Tampa.’’ Such vulnerability is organization that was established by f why, in 1993, after ‘‘Black Hawk Down’’ veterans and supporters in 1998. It was The SPEAKER pro tempore. Under a in Somalia, it took 6 months to extract created to raise funds for the construc- previous order of the House, the gen- our 6,300 troops safely and only then tion of a memorial to honor the brave tleman from Maryland (Mr. CUMMINGS) after inserting an additional 19,000 men and women from all branches of is recognized for 5 minutes. troops to protect their redeployment. the Armed Forces who served their (Mr. CUMMINGS addressed the And what of Iraqi stability in the country in Vietnam. House. His remarks will appear here- aftermath of our redeployment, which More than 9 million veterans of the after in the Extensions of Remarks.) affects the region and, thus, our secu- Armed Forces served on active duty f rity? Because the redeployment of from August 5, 1964 to May 7, 1975. Of troops will take a long time, we can the 3 million men and women who A BIPARTISAN WAY AHEAD have a bipartisan approach to Iraq’s se- served in the Vietnam theater, 300,000 The SPEAKER pro tempore. Under a curity. To do this, we Democrats must were wounded and more than 58,000 previous order of the House, the gen- turn from pure opposition to this war were killed. The Veterans Administra- tleman from Pennsylvania (Mr. and an immediate withdrawal and tion estimates that nearly 200 of the SESTAK) is recognized for 5 minutes. begin to help author a comprehensive surviving Vietnam veterans die each Mr. SESTAK. Mr. Speaker, there is a regional security plan that accepts the and every day. bipartisan ‘‘way ahead’’ in Iraq if necessity for a deliberate redeploy- Today, nearly 10 years after its for- viewed in terms of progress for Amer- ment. mation, the goal of the Onslow Viet- ica’s security and not solely Iraq’s, In turn, the Republican leadership nam Veterans Memorial Foundation is with a strategy that focuses on our must accept that the U.S. Government

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K18SE7.105 H18SEPT1 bajohnson on PROD1PC71 with HOUSE September 18, 2007 CONGRESSIONAL RECORD — HOUSE H10497 must also work diplomatically with meeting this last April when I visited said, ‘‘Anyone who points a weapon at Iran and Syria during this deliberate Falluja in Ramadi. an American is pointing a weapon at redeployment. While these two coun- It was there that I learned from Gen- an Iraqi.’’ He also looked at me, at age tries are currently involved destruc- eral Odierno, as well, in our nearly 1- 37, wearing those flowing robes with a tively in this war, according to our in- hour meeting with Sheik Sattar about pinstripe suit underneath them, he telligence community, these nations how what has come to be known, Mr. looked at me, and he said through want stability in Iraq after our depar- Speaker, globally as the Anbar Awak- those warm brown eyes, he said, ‘‘Any- ture and, therefore, can play a con- ening was born. You see, it was this one who tells you that Iraqis don’t like structive role. Iraqi sheik, whose father had been Americans is lying to you.’’ He said, I have consistently argued that a killed by al Qaeda in Iraq, his three ‘‘Iraqis love Americans.’’ And then he planned end to our military engage- brothers had been murdered by al asked me, sitting at Camp Falluja and ment is necessary and that such a date Qaeda, who said sometime in late 2006, Ramadi, why we would even discuss certain deadline would force Iraqi lead- ‘‘I have had enough.’’ What the general permanently leaving Iraq. ers to assume responsibility, providing told me, and the Sheik affirmed, as he He was a man of hope, a man of cour- Iran and Syria the incentive to prevent came across the river in Ramadi, sat age, a man of conviction. I mourn his violence otherwise caused by our de- down with the Marines perhaps in the loss as should every American and parture. same room where we are pictured here, every freedom-loving citizen of the Our troops could either return home and said, ‘‘How can we, as Sunni sheik world mourn the passing of Sheik or deploy to regions such as Afghani- leaders, work with you, American Sattar. stan, where terrorists pose a threat to forces, and the Maliki government to f rid Ramadi, to rid al Anbar of al our security, while others remain at The SPEAKER pro tempore. Under a Qaeda?’’ our existing bases in Kuwait, Bahrain, previous order of the House, the gentle- the United Arab Emirates, Qatar, and It was the end of a bloody year in woman from California (Ms. WOOLSEY) on aircraft carrier and amphibious 2006, just a few months earlier that Ramadi was at the very center of what is recognized for 5 minutes. groups to ensure our interests in the (Ms. WOOLSEY addressed the House. region as we did prior to invading Iraq. was called the Triangle of Death. Ac- cording to National Intelligence Esti- Her remarks will appear hereafter in Because our Army must either start the Extensions of Remarks.) a lengthy redeployment or risk unrav- mates, Ramadi was so far gone that it eling, we have the catalyst for a bipar- could not be reclaimed militarily. But f tisan agreement to end this war with a Sheik Sattar stepped forward. He had a JENA SIX stable Iraq if we also work with Iran vision for driving terrorists from his and Syria to meet this goal. However, community. As General Petraeus and The SPEAKER pro tempore. Under a this opportunity for a bipartisan con- Ambassador Crocker reported to Con- previous order of the House, the gentle- gressional approach to convince the gress last week and independent orga- woman from California (Ms. WATERS) is President to use diplomacy to bring nizations, like the Brookings Institu- recognized for 5 minutes. about a stable accommodation in Iraq tion, a left-leaning think tank, have Ms. WATERS. Mr. Speaker, I am once our troops redeploy will undoubt- confirmed, because of the leadership of very pleased to see that the Third Cir- edly require an initial redeployment Sheik Sattar and over 42 other Iraqi cuit Court of Appeals has tossed out deadline that is a ‘‘goal’’ instead of a sheiks that he recruited, Anbar prov- the conviction of aggravated battery ‘‘date certain.’’ Therefore, despite my ince is transformed. The city of for 17-year-old Mychal Bell. I can no continuing belief that a date certain is Ramadi is transformed. It has truly longer be silent about the ongoing the best leverage we have to change been a miraculous turnaround with the struggle for justice for the six high Iraqis’ and regional nations’ behavior, virtual elimination of al Qaeda in west- school students in Jena, Louisiana, when faced with the otherwise assured ern Iraq being the result. known as the Jena Six. These young consequences of a bipartisan stalemate Iraqi military leaders say to the boys, who were arrested after a racially on resolving the tragic misadventure in world media, ‘‘We considered the sheik charged school fight and charged with Iraq, this compromise is needed for our first line of defense.’’ President attempted murder following a noose America’s security. Bush just 10 days ago met with Sheik hanging incident now face the prospect Sattar in Ramadi to celebrate the first of losing much of their young lives to f anniversary of the Anbar Awakening. a tainted criminal justice system. The SPEAKER pro tempore. Under a Of his passing, the interior ministry I have carefully reviewed all of the previous order of the House, the gen- named a national police brigade after news accounts of the events sur- tleman from Indiana (Mr. BURTON) is him. The leader of that ministry said, rounding this most troubling case. I recognized for 5 minutes. ‘‘We will be building a great statue for have talked with the parents, and I (Mr. BURTON of Indiana addressed Sheik Sattar Buzaigh al Rishawi at the have talked with the attorneys. I re- the House. His remarks will appear entrance of Anbar province so it will be main convinced that this case is a re- hereafter in the Extensions of Re- a witness to his great accomplishments sult of long-standing, deep-seated ra- marks.) and those of the people of Iraq.’’ cial divisions in Jena, Louisiana. f Amidst the thousands who gathered It seems unreasonable that on a b 1700 for his funeral on Friday in Ramadi, school campus the administration was his brother would say, ‘‘All of Anbar is unaware of the fact that white students WE MOURN THE PASSING OF Abu Risha, so Abu Risha has not been had claimed the space under a tree and SHEIK SATTAR BUZAIGH AL killed.’’ He went on to say, ‘‘I pledge to declared it off limits to black students. RISHAWI you, my father, my brother, my cous- Even so, once the black students asked The SPEAKER pro tempore. Under a ins, we will follow the road taken by permission of the administration to sit previous order of the House, the gen- Sheik Abdul Risha. We will follow it under the tree and were granted per- tleman from Indiana (Mr. PENCE) is until we kill the last terrorist in Iraq.’’ mission to sit under the tree, the recognized for 5 minutes. I was pleased to see that even this Sun- school should have recognized that a Mr. PENCE. Mr. Speaker, scripture day U.S. military forces took into cus- problem was brewing. The school tells us to mourn with those who tody a man believed to have been in- should have initiated discussions sur- mourn and to grieve with those who volved in his assassination. rounding the residual racial issues that grieve. I rise today to join our allies We mourn with those who mourn. In existed in order to avoid a confronta- and his family and neighbors and my meeting with Sheik Sattar, he said tion. friends to grieve the passing by assas- a few things to me I will never forget. After the black students sat under sination last week of a courageous He said, ‘‘Congressman PENCE, when the tree, it is reported that the white Iraqi in Anbar province, Sheik Abdul you go home, tell your people that we students responded by hanging three Sattar Buzaigh al Rishawi, a man 37 in Anbar believe that an attack on an hangman’s nooses in a tree. Given this years of age that I had the privilege of American is an attack on an Iraqi.’’ He country’s history of racially motivated

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K18SE7.108 H18SEPT1 bajohnson on PROD1PC71 with HOUSE H10498 CONGRESSIONAL RECORD — HOUSE September 18, 2007 violence, specifically lynchings, the A TRIBUTE TO VICKI ANN This incident has caused another black students were offended and SUMMERS international uproar about the role of threatened by the physical and emo- The SPEAKER pro tempore. Under a the United States in Iraq. Here at tional message sent by the nooses previous order of the House, the gen- home, it is bringing long overdue at- hanging in the tree. It seems uncon- tleman from North Carolina (Mr. tention to the role of the so-called conscionable that this kind of Jim Crow HAYES) is recognized for 5 minutes. tractors. Some call them mercenaries, era segregation, exclusion and emo- Mr. HAYES. Mr. Speaker, I want to as many of them are paid more than tional terrorism could be tolerated pay tribute to Vicki Ann Summers, 59, five times what our regular forces are today. of Pinehurst, North Carolina, who died paid. There was tension on the campus and on Monday, July 23, 2007, at her home. The role of private contractors is an several fights took place. In one fight, She was born February 19, 1948, in issue about which I have been ringing a black student was beaten and the Stanly County to the late Rudy Lamar the alarm bell in this House and in the white student responsible was sus- Summers and Margaret Ewing Lisk House Appropriations Defense Sub- pended. In another fight, a white stu- Summers. Vicki was a talented news- committee for a long time. dent was beaten and the black students paper reporter with a long history in Now the Government of Iraq has been allegedly responsible were arrested and journalism who was most recently em- compelled to pull the plug on charged first with attempted murder ployed by The News-Journal in Hoke Blackwater U.S.A. The company and later charged with aggravated bat- County. Throughout her career, she claims its employees were acting in tery. These are serious criminal spent most of her time covering local self-defense. Many people in Iraq claim charges. government, but she also wrote human the company committed atrocities. Let me be clear. I do not condone interest stories, covered the crime beat Who knows the truth? Who has the au- physical violence. I believe all of the and was a photographer. She was rec- thority to investigate? Where is the ac- students involved in the alleged fight- ognized for her writings by the North countability when it comes to private ing incidents should be held account- Carolina Press Association. contractors? How many such hired able by school officials. But school-age Vicki grew up in Fayetteville and at- guns are operating in Iraq? Some say children all over this country get in tended Pine Forest High School before 25,000. Some say more. How many con- fights every day and are appropriately graduating from the North Carolina tractors totally are operating in Iraq? disciplined by school administrators, School of the Arts, which she attended Some have estimated the number at whether it is a suspension or some on a full scholarship. She later at- 180,000, which is more than the U.S. other administrative punishment. Ap- tended Miami-Dade Junior College in military we have based in Iraq. propriate action is taken, and rarely do Florida and East Carolina University. Here in Washington, Congress and these incidents rise to the level of a In early 1970, she was a director of the President are debating the proper criminal act. However, regardless of public relations for Sheraton Hotels troop levels for U.S. forces. But, mean- the charges and the unusually harsh Corporation and the Fountain Bleu Re- while, there seem to be more and more approach that was taken by the dis- sort in Miami Beach. Around the same contractors operating in Iraq. Due to trict attorney, one young man, Mychal time, she worked as a celebrity cor- the unpopularity of this war, I have lit- Bell, who is now still in jail, should respondent for the National Enquirer, tle doubt that the Bush-Cheney plan is never have been tried as an adult for as a lifestyle writer for the Miami to replace our military forces with paid this incident. That is why the Third News, and as a trends writer and gar- mercenaries. This would be the first Circuit Court of Appeals just ruled that den editor for the Sun Sentinel in Fort time in U.S. history that our Nation that conviction must be tossed out and Lauderdale. Before coming to the will act as an occupying force by con- the other students should never have News-Journal, she worked for the tracted mercenaries. been incarcerated for the better part of Indeed, the contracting out process Harnett County News in Lillington and a year awaiting their fate. This injus- of the U.S. military started in a small the Erwin Times in Erwin, North Caro- tice cannot be swept under the rug and way back in the 1980s when Vice Presi- lina. pacified simply by moving the case Vicki was very diligent and really dent CHENEY was Secretary of Defense. from the adult court. cared about her local community. She It expanded greatly under the first The work here is not done. Along President Bush, and now it has ex- took great pride in reporting about the with Mychal Bell, there are five other ploded in this administration. economic development of the county students, Robert Bailey, Carwin Jones, America, pay attention. Make no and downtown Raeford streets’ redevel- Theodore Shaw, Jesse Beard and Bry- mistake: private contractors are also ant Ray Purvis, whose lives have been opment. very much the face of the West in the A memorial service was held on Mon- placed on hold awaiting their day in Middle East. They might be account- day, July 30, at 7 p.m. at Northwood court. able only to their bosses and share- Temple in Fayetteville. She is survived I call on the district attorney to drop holders, but they are Americans in the by her mother, Margaret Ewing Pope, all charges against the Jena Six. The eyes of Iraqis. Blackwater’s eviction of Fayetteville, three sisters, Carla S. City of Jena must begin a reconcili- from Iraq comes as no surprise to those Merritt and Jan Hernandez, both of ation process which begins with the of us who have followed the now well- apology by and investigation of Dis- Fayetteville, and Lydia Aldridge of Ra- established, usually irresponsible use trict Attorney Reed Walters for breach leigh, and one brother, Eric Summers of defense contractors as mercenary of ethics, false imprisonment and civil of Linden. forces. In fact, I believe that you can- rights violations. His comments and f not win in an engagement through the actions have been both rogue and irre- b 1715 use of mercenary forces. sponsible and clearly demonstrate an Blackwater is not the only defense agenda that is not in line with peace, BLACKWATER’S OPERATING contracting firm operating irrespon- justice or fairness. LICENSE IS REVOKED sibly in lieu of our well-trained and Young people are traveling to Jena The SPEAKER pro tempore. Under a well-respected military. Unlike our on Thursday led by Howard University previous order of the House, the gentle- government, the Iraqi Government students. They are coming from all woman from Ohio (Ms. KAPTUR) is rec- seems to recognize this. over America to go to Jena, Louisiana ognized for 5 minutes. Today, The New York Times reported to show support. These cases stand as Ms. KAPTUR. Mr. Speaker, the Gov- that the Iraqi Government said it the greatest civil rights challenges this ernment of Iraq today took the ex- would review the status of all foreign Nation has faced in the 21st century. I traordinary step of revoking the oper- and local security companies working will be traveling with them. I will be in ating license of Blackwater U.S.A. in in Iraq. According to the Private Secu- Jena with the students. This is a new light of accusations that Blackwater rity Company Association of Iraq, the chapter in the civil rights movement employees killed eight Iraqi civilians. Iraqi Government has suspended the li- led by young people to get America to Blackwater is a North Carolina-based censes of two other security compa- do the right thing and to bring justice firm providing private security forces nies, but they were reinstated after a to Jena. inside Iraq. review.

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K18SE7.111 H18SEPT1 bajohnson on PROD1PC71 with HOUSE September 18, 2007 CONGRESSIONAL RECORD — HOUSE H10499 Problems with private contractors uary 18, 2007, the gentleman from Geor- All the while you hear them say over are not a new phenomenon. In Decem- gia (Mr. PRICE) is recognized for 60 and over and over, ‘‘we support the ber, a Blackwater employee killed one minutes as the designee of the minor- troops.’’ ‘‘We don’t like the war, but we of the Iraqi Vice President’s guards but ity leader. support the troops.’’ Well, nobody likes was never charged under Iraqi or Amer- Mr. PRICE of Georgia. Mr. Speaker, the war. But some people back up their ican law because private contractors what a great opportunity it is to come statement that they indeed support the enjoy immunity, thanks to a law im- back to the floor of the House as the troops with action, and the action that posed by the United States. designee of the minority leader, the occurred leading up to last week’s pres- On July 12, 2005, I delivered a floor Republican leader, and bring some entation before a joint committee in statement after Iraqis cheered the bru- issues hopefully into a little greater the House and a committee in the Sen- tal death of four Blackwater contrac- perspective. ate by General Petraeus, a true hero tors in Fallujah. I pointed out that We come here often and try to shed a and a true patriot, the action that led those soldiers of fortune are not bound little light as a group that we call the up to that by Members of the majority by the same values of duty and honor Official Truth Squad. The Official party, the Democrat majority party, I like those brave young men and women Truth Squad is a group that got started found to be disconcerting. When I was serving in our regular forces, and those a little over 2 years ago, because, Mr. home last week for our extended re- contracted forces are paid astronomi- Speaker, as you well know, when folks cess, folks at home found it to be dis- cally more than our regular forces. tend to speak on the floor of the House, concerting. There aren’t just problems in the- sometimes they exaggerate a little bit. But then what we heard after a re- ater. There are problems right here in I know that is hard to believe, but in markable ad was taken out by a left- Washington, like the opaque and often fact that is the case. In fact, what we wing advocacy group that questioned unfair process of awarding no-bid con- just heard, I would suggest, Mr. Speak- the patriotism and that questioned the tracts. In fact, Blackwater has won er, is a bit of an exaggeration, and honor and that questioned the veracity over $505 million in publicly identifi- maybe a distortion of the facts. of what General Petraeus was going to able contracts since 2000 and in 2003 What we would like to do tonight is present to the committee, what we was awarded a $21 million no-bid con- to talk about a number of issues, pri- heard from the other side after that tract to guard the Director of the Of- marily monetary issues, taxing and was remarkable silence, a remarkable fice for Reconstruction and Humani- spending and those kinds of things. But silence. tarian Assistance, Mr. Bremer. Why before we get started, we want to bring So when you hear Members on the aren’t our regular forces doing that? a couple of issues together that have as other side of the aisle, as we just did within the last 15 minutes, say, Mr. I have raised questions before about their common core and their common Speaker, I support the troops, but I these contractors and their behavior in theme truth. Iraq and Afghanistan, but to no avail, Our desire is to try to bring into per- don’t support the mission, well, it is in a Congress still not focused on up- spective some of those areas that of- clear, Mr. Speaker, that you can’t do holding the great traditions of the U.S. tentimes don’t have the light of day that and be true to our men and women military, and that means regular force, given to them, if you will, Mr. Speaker. on the ground. You can’t do that. Be- not mercenary force, not contracted We have a favorite phrase or quote that cause what we heard after the ad that was put in The New York Times, at a force. we use in the Official Truth Squad, and Mr. Speaker, the private contractors discount rate, I might add, the ad that it comes from a gentleman who was rein Iraq all too often are rogue ele- was put in The New York Times, when vered in this Capitol, and truly across phants, operating beyond the command it questioned the honesty of one of our this Nation, a former Senator from and control system of our U.S. mili- bravest heroes, military heroes, what New York, Daniel Patrick Moynihan. tary. It is time to restore the time-her- we heard from the other side was vir- He is quoted, and a number of folks alded tradition of regular forces of this tually nothing, which put it all into have said something like this, but he U.S. military, committed to duty, perspective. honor and country, not bounty. has my favorite quote that crystallizes That is the truth that Senator Moy- this issue, and that is that everyone is f nihan was talking about. You can have entitled to their opinion, but they are your opinion, but you can’t have your COMMUNICATION FROM STAFF not entitled to their own facts. Every- own facts. And the fact of the matter is MEMBER OF THE HONORABLE one is entitled to their own opinion, in that instance, when there was an at- JOHN R. ‘‘RANDY’’ KUHL, JR., but they are not entitled to their own tack on one of our leaders in the mili- MEMBER OF CONGRESS facts. tary, one of our heroes, when there was The SPEAKER pro tempore laid be- Before I begin and talk about some of an attack, where were the Americans fore the House the following commu- the fiscal matters, the monetary mat- in the majority party, who represent nication from Colleen Banik, District ters, that we have confronting us in the majority party? Where were they? Office Coordinator, Office of the Honor- this Nation and that this Congress has I know where their constituents able John R. ‘‘Randy’’ Kuhl, Jr., Mem- already dealt with in ways that I think were, because I represent many of ber of Congress: would benefit from a little light, and them, and they were as disgusted as I HOUSE OF REPRESENTATIVES, certainly issues that we will be dealing with the actions of MoveOn.org. They Washington, DC, September 7, 2007. with further as we go on into this fall were as disgusted as I with the remark- Hon. NANCY PELOSI, and winter, I want to talk about two able, remarkable betrayal of the public Speaker, House of Representatives, very specific issues that have come to trust that anybody in the public arena Washington, DC. this Congress within the last week. has. And it was distressing. I found it DEAR MADAM SPEAKER: This is to formally The first is something that the distressing and saddening that in fact notify you pursuant to Rule VIII of the Rules American people are well aware of, and of the House that I have been served with a we heard virtually nothing from folks trial subpoena for testimony in a criminal that is that General Petraeus, who was on the other side of the aisle. case issued by the Bath Village Court of the commanding officer of the coali- So that is a bit of truth that the Steuben County in the State of New York. tion forces in Iraq, came last week American people are paying attention After consultation with the Office of Gen- after much fanfare in the media to to. When I go home, that is what I eral Counsel, I have determined that compli- present to Congress his perspective on hear. I hear folks ask me all the time, ance with the subpoena is consistent with what was going on in Iraq, and only in why is it that our Congress, the major- the privileges and rights of the House. Iraq. Leading up to that, we had a re- Sincerely, ity party now in our Congress, cannot COLLEEN BANIK, markable display by Members of the stand up proudly and say that they District Office Coordinator other side of the aisle, the majority match their words with action when it party, that did their best, their dead f comes to our brave men and women in level best, to discredit this incredible the military? So that is a bit of truth OFFICIAL TRUTH SQUAD hero and this incredible patriot and that I wanted to highlight, to bring a The SPEAKER pro tempore. Under this incredible man of service to this little light to in this House of Rep- the Speaker’s announced policy of Jan- Nation. resentatives.

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\K18SE7.113 H18SEPT1 bajohnson on PROD1PC71 with HOUSE H10500 CONGRESSIONAL RECORD — HOUSE September 18, 2007 The other is an issue that again and get you to talk to the people who truth. And the American people are doesn’t have anything to do with that, truly have the answers. watching. The American people are except we are trying to shed some light b 1730 watching. of truth on it. It happened just a couple I mentioned, Mr. Speaker, when I go of hours ago, Mr. Speaker, on the floor That may be 1 percent of their mis- home I often get some questions from of this House. sion, and the other 99 percent of their folks who are concerned about what is The majority party has bent over mission is advocacy for left-leaning or- going on here in Washington. I was re- backwards in their efforts to try to ganizations all across this Nation. And minded by a friend here on the floor of make certain that individuals who are advocacy for individuals on the other the House today that it is striking that in this Nation illegally are able to ac- side of the aisle to get elected, and ad- so often what seems to matter at home cess certain benefit that are paid for vocacy in ways that the vast majority doesn’t matter here, and what matters with hard-earned taxpayer money. of the American people would say we here doesn’t matter at home. So we get Now, I don’t know why that is. I can’t ought not be doing that. We ought not the kind of remarkable back-and-forth answer the question I get at home, why be spending hard-earned American tax- that goes on here on the floor of the on Earth would they do those sorts of payer money that way. Yet this is a $5 House that oftentimes is not full of the things? I can’t answer that. But they billion slush fund for individuals to be kind of substance that the American bend over backwards to make certain able to use it kind of as their own little people are concerned about, and the that individuals who have come into pet project. issues about which they are concerned this Nation illegally are able to get ac- If that weren’t bad enough, on our we often get very little attention paid cess to housing, get access to all sorts side of the aisle we get one opportunity to those things here in Washington. of things that in fact my constituents, to truly affect and change the course We are going to talk about one of your constituents, I suspect, Mr. or the description, the content of a bill. those that I hear about all the time Speaker, don’t believe is appropriate. It is called a motion to recommit, as from my constituents back home. We They believe that we ought to make you know, Mr. Speaker. In that motion are going to talk about the issue of certain that our borders are secure and to recommit that we offered today, it taxes and the issue of spending and the that individuals come into this Nation was very simple. It said, if you are issue of entitlements. ‘‘Entitlements’’ correctly, legally. I don’t know of any- going to allow individuals to have ac- is a word I am not very fond of because body that opposes legal immigration. cess to that $5 billion of hard-earned it is not an appropriate description. What many of us, especially on the mi- taxpayer money, you ought to make Entitlements have come to en capture nority side, the Republican side, oppose certain that the people receiving that the Social Security program, Medicare is illegal immigration and the con- money are either U.S. citizens or here program and Medicaid program. They sequences of attempting to take care of legally. Kind of a simple, commonsense are called entitlements, because in or provide services for those folks that amendment. order to receive the benefits from those are here illegally. The problem is, What we heard from the other side three programs, and other entitle- those services, all of the services that was oh, no, you can’t do that. That ments, there are other entitlements, we address here, are paid for by hard- would limit the ability of us to do, to all you have to do is meet certain pa- earned American taxpayer money. accomplish our mission. That would rameters. So if you are a certain age, So what we had on the floor of the make it so we are not able to do the for example, you are eligible for Medi- House here today was a bill that should kinds of things that we want to do. care, regardless of anything else. If you have gotten broad support, the reau- Remember, the kinds of things that are below a certain income and you thorization of the Federal Housing Act. they want to do is to support organiza- have a certain family situation, then It is a bill that in its original intent tions that are not consistent with you are eligible for Medicaid. Once you was supposed to try to provide assist- mainstream America. So we offered reach a certain age, you are eligible for ance for people who were kind of at the that amendment that would have pro- Social Security. The proceeds or the margins. They weren’t able to make vided that you had to be legal in this benefits that are in those programs are certain that they were able to afford Nation, that you had appropriate docu- automatic. So I prefer to call them some kind of housing, and this bill was mentation of your legality. You had to automatic spending as opposed to enti- an attempt to try to provide in a very be a U.S. citizen or here legally. The tlements. And instead of mandatory generous and positive way some assist- other side strenuously objected and de- spending, I like to call them automatic ance to those that needed it. feated it. So 216 or 217 Members of the spending because the spending is on Over time, that mission has become a Democrat Party said no, we don’t be- autopilot. It just goes and goes. bit distorted. In this instance today, it lieve that you ought to be here legally Regardless of what happens in this has not only become distorted; it has and get those kinds of moneys. We be- Chamber and in the Senate, the spend- become abused, abused in a way that, lieve those moneys ought to be able to ing continues and continues and con- again, my constituents at home, they go to those folks here illegally. tinues. The inertia here in Washington just shake their head when they hear Mr. Speaker, when I go home and try about these programs is to do nothing. these kinds of stories. to explain that to my constituents, It is to do absolutely nothing because What happened is what the bill in- there is no way I can do that. They they are automatic. They are entitle- cluded, at the direction of the chair- stand in front of me just dumbfounded ments. Why would we want to do any- man of the committee and of the Dem- that the majority party that we have thing. We would want to do something ocrat majority. What it included was right now is intent on providing tax- because of the changing demographics up to a $5 billion slush fund. payer benefits, taxpayer-funded bene- of our society. We are on a collision Mr. Speaker, remember, that is $5 fits, to individuals here illegally. That course with a fiscal disaster. A colli- billion of hard-earned American tax- is a bit of a truth that I am trying to sion course with a fiscal disaster. That payer money, $5 billion to go into what weave through and make certain that is not my opinion, that is a fact, to is euphemistically called an Affordable Members of this body, Mr. Speaker, un- quote Senator Moynihan. Housing Fund. But in fact what that derstand and appreciate that some of If you go to other folks who are much money can be used for is virtually any- these votes actually do matter. Some more knowledgeable about this situa- thing that the majority party believes of these votes matter. That vote today tion, they will tell you the same thing. is appropriate in terms of giving money mattered. The chairman of the Federal Reserve, to organizations that have something I am attempting to shed some light Chairman Bernanke said in February to do with housing. on issues that in fact matter, and the 2007, ‘‘Without early and meaningful Now, how is that something defined? issue of the ad that denigrated and action to address the rapid growth of Well, it isn’t, which means that that criticized and brought into question entitlement, the U.S. economy could be money can be used for an organization the honesty and truthfulness of one of seriously weakened with future genera- that simply advertises that if you are our military heroes about which we tions bearing much of the cost.’’ That having difficulty with housing, then we heard nothing, virtually nothing from is the Federal Reserve chairman saying would like to assist you and move you the other side, that is truth. That’s if something isn’t done, the economy

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\K18SE7.114 H18SEPT1 bajohnson on PROD1PC71 with HOUSE September 18, 2007 CONGRESSIONAL RECORD — HOUSE H10501 could be seriously weakened. What spending crisis. In 2007, Federal spend- going on here in Washington. Well, Mr. that means is fewer jobs, decreasing in- ing as a percentage of GDP, that’s the Speaker, as you know, that is not the come, higher taxes, decreasing oppor- gross domestic product, is about 20 per- case. tunity, a shadow coming across the cent. That means about 20 percent, We have had a number of bills that dreams of the American people. That’s about two dimes out of every dollar have come through the floor of this what that means. that every American earns, goes to- House that have in fact expanded enti- The comptroller general, David wards taxes in order to cover the pro- tlements. The most recent one was ter- Walker, who has been working as hard grams that the Federal Government ribly discomforting to me. It was the as he can for literally years to get the provides. And the bulk of this, remem- State Children’s Health Insurance Pro- American people and this Congress to ber, the bulk of this yellow bar here is gram. wake up to this impending crisis, David entitlement spending: Medicare, Med- Before I came to Congress, Mr. Walker said in March of this year, icaid, Social Security. Speaker, I was a physician. I spent over ‘‘The rising cost of government entitle- If we remain on our current course, if 20 years, 25 years taking care of people, ments are ‘a fiscal cancer’ that threat- we do nothing at all, and remember, we trying to get them well, trying to heal ens catastrophic consequences for our have done nothing. If we continue to do them, trying to make certain that in country and could ‘bankrupt Amer- nothing, what happens is that in rel- spite of all the remarkable rules and ica.’’’ atively short order, 2020, we go to 23, 24 regulations that are put on the backs Mr. Speaker, that’s not Representa- percent. In 2030 we go over 30 percent. of every single physician across this tive PRICE talking. That’s not some- In 2040, we go to 40 percent. In 2050, we here Nation, that we could actually body who is talking willy-nilly about exceed 50 percent of the gross domestic take care of patients. the sky falling for no reason at all. product. One of the things that became much That is the comptroller general of the It’s important to remember that, and more onerous than it ought to be is the United States of America who looks at I have another chart which I don’t have State Children’s Health Insurance Pro- the numbers and looks into the projec- with me, but it is important to remem- gram, which actually provided greater tions of spending in these entitlement ber that the average level of Federal rules to how to care for individuals programs and says that there are cata- budget, taxation to the American peo- than otherwise. It also ultimately strophic consequences for our country ple is 18 to 20 percent and has been for didn’t fit the original definition. if nothing is done. decades. It is also important to note The State Children’s Health Insur- I am fond of saying that a picture is that amount of spending, that amount ance Program began in 1997. Its mis- worth a thousand words, and graphs of taxation, that amount of Federal sion was to make certain that those in- are oftentimes worth more than that. spending, a Nation spending at about 20 dividuals, those children in families This graph demonstrates clearly the percent, is about the maximum that where their family made too much course we are on. These are pie charts any Nation can sustain for any period money to qualify for Medicaid but they that identify the amount of the por- of time and remain financially viable. didn’t make enough money to be able tion, the percentage of the Federal Once you get up into these areas here, to readily afford health insurance were budget, that goes to mandatory or Mr. Speaker, you can’t sustain that. given some help; that those families automatic spending, the entitlement The economy won’t sustain it. People were able to provide some type of programs, Medicare, Medicaid, and So- won’t have jobs. You begin to lose com- health insurance that was truly qual- cial Security. panies and jobs. You begin to lose the ity for their children. In 1995, these programs, the entitle- infrastructure that makes it so that in- It is a good mission. It is a bipartisan ment programs, automatic spending dividuals can go to work and send their program, a program that passed programs, comprised about 48.7 percent money to Uncle Sam. through this House in Congress in 1997 of the Federal budget. And the pre- There is a balance, and that’s what in a bipartisan manner because it had diction then in 2005 was that they Federal Reserve Chairman Ben an appropriate ideal; it was an appro- would comprise about 54 percent of the Bernanke knows. That is what Comp- priate compromise between some Fed- Federal budget. That was the pre- troller General David Walker knows, eral program, a State program, and a diction back in 1995. And what hap- and that is why they are sounding lot of private input. That program was pened? Well, it was right on track. these alarms. to run for 10 years. So it is about to ex- Right on track. 53.4 percent of the Fed- So you would think that this Con- pire. eral budget went to automatic spend- gress that is charged with making cer- So what has happened in this House ing in the area of entitlements. tain that our financial stake, that our is that the Democrat majority decided Now what’s the prediction for 2017? It financial future, is positive and opti- that they weren’t interested in work- is 62.2 percent. This yellow portion of mistic and that my son, our son and ing in a bipartisan way, contrary to so the pie continues to get larger and children all across this Nation can much of what they talk about. They larger and larger. That’s the spending grow up and be able to have the won- weren’t interested in working in a bi- in the automatic spending area, the en- derful opportunities that so many of us partisan way. It was their way or the titlement area: Medicare, Medicaid and have had. You would think that this highway. Social Security. That is a course, Mr. majority would want to continue or Their way was a remarkable expan- Speaker, that we as a Nation are not want to make reforms so that those sion of an entitlement. Remember, the able to sustain. It is crying out for re- kinds of dreams and visions and entre- State Children’s Health Insurance Pro- form. It is crying out for improvement preneurship and excitement about gram was a discretionary program, and programs that will be more respon- America’s future would continue. You which means that the Federal Govern- sive to the individuals receiving it. It would think that the current leader- ment determines what resources it has is crying out to make certain that as ship would listen to what they hear if available to provide that kind of care, the baby boomers of our Nation retire, they take that shell and they put it up and it works with the States to make as they age, and as we have individuals to their ear or they read the tea leaves certain that the amount of money is who are at the lower end of the eco- or they listen to the people that truly there but that it is not on one of those nomic spectrum, it is crying out for know like David Bernanke and like automatic trajectories to the sky in programs that are more responsive to David Walker. You would think that terms of spending. It is not one of them, that answer their concerns, that they would reform these programs or those programs that will assist in listen to them. These programs will put a proposal on the table to reform bankrupting the Nation, as David not be able to do that because they will these programs. Walker talks about. not be able to be funded. And to sit But what does this majority do, this here in 2007 and act as a Congress and b 1745 new majority, this Democrat majority not address these issues is irrespon- You would think, Mr. Speaker, that that talks all the time about being fis- sible. It is irresponsible. there would be no expansion of entitle- cally responsible? It takes that pro- This chart, Mr. Speaker, talks about ments, there would be no more addi- gram and instead of keeping it in the this looming entitlement or automatic tions to the automatic spending that is discretionary side, that side where

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\K18SE7.115 H18SEPT1 bajohnson on PROD1PC71 with HOUSE H10502 CONGRESSIONAL RECORD — HOUSE September 18, 2007 folks at home can be able to appreciate from the other side, another $40 billion lambasting this administration and the that it is that side of the budget where in appropriate entitlement reform. past Congresses, saying that they have if they are able to afford it, they utilize What has happened with the budget spent too much money, that the past the money in that area, and it puts it for this year among this majority, who leadership in this House was being fis- in the entitlement side. clearly can read the same charts, who cally irresponsible, that they were Instead of these bar graphs and those get the same information from the passing bill after bill, spending in- pie charts being accurate in their pre- Federal Reserve Chairman, Ben crease after spending increase. diction, that will be significantly off. Bernanke, and Comptroller David On and on the rhetoric went, just 35 In fact, they will be off so much that Walker, who can look at the same pro- minutes ago, the same rhetoric that we we will reach this position of not being jections? What have they done in terms heard during the last election about able to sustain those programs and of of entitlement reform? Nothing. Noth- looking towards the past and all the decreasing economic activity in this ing, Mr. Speaker. mistakes that were made in the past. Nation and of lowering wages and of That is an abrogation of duty; that is Now if you listen to that, you would losing jobs in this Nation sooner be- irresponsible out of this majority. The always assume that the next words out cause of the recent actions of this American people are paying attention of their mouth were going to be: but Democrat majority. because, again, when I go home, they this is what we are going to do when we They made it an entitlement. They want these problems solved. They want get into the majority. We are going to did all sorts of other things which I them solved. They ask why can’t you reverse those trends. If spending was thought were egregious, as well as they work together and get these problems too high, we are going to go in the pitted seniors against children in their solved. Mr. Speaker, we stand ready, other direction. effort to try to pay for it. You don’t see willing and able to work together to That is what you think would be the the kind of reform that is so necessary. get these problems solved. next words out of their mouth, but of So, again, Mr. Speaker, you would We are going to talk a little more course they can’t be. Here we are in think that this new majority would about entitlements, but we want to September, 9 months into this new say, well, it looks like when we look talk a fair amount about the taxing 110th Congress, under the leadership into the future that we have got a that has been hoisted upon the Amer- now of the Democrat majority, both in problem on our hands. We have got a ican public by this current majority. this House and the Senate, and we have problem, financial problem. It is our We will talk about spending. There are their track record to look at to see responsibility as elected representa- a number of ways you can increase rev- what course do they take. They tives of the people of the United States enue to the Federal Government and lambasted, attacked the path of too that we need to be responsible, that we cover the programs that are so vital much spending. need to be responsive to the concerns and necessary to the American people. Did they reduce spending? They did of our constituents, that we need to I would suggest, Mr. Speaker, that not. Instead, they have piled onto that make certain that the programs that increasing taxes and increasing spend- spending. Increased spending in the we put in place will allow Americans to ing together are not two of them. I be- past was bad. Well, they exacerbated continue to dream and continue to lieve that we ought to be decreasing that problem by spending even more. have that great opportunity for suc- taxes and decreasing spending and There was a study recently that goes cess. being fiscally responsible as a Con- to this point, taking a look now at this We need to make certain that we gress. new 110th Congress. The National Tax- don’t allow the entitlement programs I am pleased to be joined by my good payers Union, basically a nonpartisan to consume an ever greater portion of friend, the gentleman from New Jersey organization, looking at both sides of the Federal budget so that that discre- (Mr. GARRETT), who is a fiscal hawk, an the aisle fairly recently did a study tionary side, which, Mr. Speaker, as individual who recognizes and appre- that shows that the 110th Congress, you know, is not just the military, it is ciates the importance of balancing both Senate and House, have intro- roads, it is highways, it is all transpor- budgets and making certain that we duced far more bills for budget savings tation, it is all funding for the avia- don’t spend beyond our means at the than they have in previous administration, it is all of the other kinds of pro- Federal level. I look forward to your tions, previous Congresses. grams. It is jobs, housing. It is the comments. I am happy to yield to you. On first blush, that would be a posi- wonderful housing bill that we worked Mr. GARRETT of New Jersey. Mr. tive thing until, again, you think of on today. Speaker, I appreciate the good work of what the record has been over the last It is all those kinds of things. It is the gentleman from Georgia on so 9 months. Has anyone seen any of those everything that you think of when you many areas that I work with you on, savings bills passed through this House think of the Federal Government hav- Financial Services and otherwise; but and passed through the Senate and get ing activity, everything is all of the here tonight most specifically what is signed into law? I can’t think of any. discretionary side, and it will be con- important to the American public and It’s one thing to talk the rhetoric, sumed by the entitlements, which American taxpayer, and that is just which they have been doing. It is an- means all of the things that folks how much money is coming out of other thing to drop in the savings bills, think about other than those three their wallet, out of their pocket here which some of them may have been programs will not be able to take and being sent down to Washington, doing. But when we see the leadership place. where those dollars are going and will not post any of those savings bills, So you would think that this new whether are being held responsibly. that is the problem. For each bill in- majority would say, well, we better get I am not sure whether you were on troduced in this House that would re- our act in order, get our House in the floor at the moment, but prior to duce Federal spending, and this makes order, better work together in a colle- your speaking we had a Member from the point, there have been over 20 bills, gial and a positive and a bipartisan the other side of the aisle on the floor a 20 to 1 ratio increasing the size and way to be able to solve this problem. It giving their comments, and the gen- amount of spending in Congress. is what we have been trying to do, tleman from the other side of the aisle, If you additionally listened to the what we have been talking about, what the Democratic Caucus Chair, who was other side, they will talk about and ap- we have proposed. speaking for a little bit about the new plaud themselves and pat themselves In fact, we did so in the Balanced book that is out there on Federal re- on the back about PAYGO, which you Budget Act of 1997. That act reformed sponsibility and issues of such. Alan have already discussed, which is a good entitlements, about $130 billion of re- Greenspan just did the book. term described in a very elementary form. That is one of the big things that If you listen to his comments, it al- way to say pay-as-you-go, something resulted in the ability to balance the most harkens back to prior to the elec- that all families have to do in this budget, to have a surplus. That was tions and the exact same rhetoric we country, and we wish Congress could done with a Republican Congress and a heard at that time as we did just 35 live by that as well. Democrat President. In fact, in 2005, in minutes ago from the other side of the Well, there are two aspects to spite of all the kicking and screaming aisle. He was lambasting and had been PAYGO. One is the spending side of the

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\K18SE7.117 H18SEPT1 bajohnson on PROD1PC71 with HOUSE September 18, 2007 CONGRESSIONAL RECORD — HOUSE H10503 equation. Let’s talk about that for a to how they have been doing it. But the When you talk about ordinary in- minute. I don’t know whether you have American public must know this in a come, the highest rate would go from this chart up there. I know you have a larger sense, that since the Democrats 35 percent to 39.6 percent. When you number of charts. One of the charts is have been in power, they have given us talk about capital gains, it would go headed ‘‘New Majority’s Fiscal Irre- the largest tax increase in America’s from 15 percent to 20 percent. Divi- sponsibility.’’ I don’t want to make history. The last time we had such a dends, 15 percent to 39.6 percent. Those you go through all your charts. large tax increase was back when the are all increases, Mr. Speaker. They One of the ways you can deal with Democrats were in charge 12 years ago. are also facts, not opinions. They are PAYGO is this, and this is exactly It was just a week ago, a couple of facts. what every family does as well. When weeks ago when they wanted to raise The estate tax in 2010 will be zero. the family sits down and looks at their taxes by $53 billion with regard to a That is the death tax. That means that budget for that week or that month as piece of legislation that they had no if you are unfortunate enough to have far as paying their bills, they have to offsets for. Additionally, just yester- somebody in your family that dies, prioritize and say we may have a new day, or the day before, they wanted to that their estate on that day that they expense here that we would like or raise taxes again by another billion die, you don’t have to write a check to need to pay, but we don’t have enough dollars on redundant programs. the Federal Government. But on Janu- money in the checkbook. So what are So as you pointed out, there are two ary 1, 2011, with the budget that the we going to do, we are going to reduce ways to do this, either cut spending, new majority passed, that amount, spending elsewhere. which they are not agreeable to do, or that death tax goes right back up to 55 Good idea. American families should raise taxes; and of course we have seen percent, which is where it was when we do it; Congress should do it. This side the history over the last month: every have been trying to get it down, 55 per- tried to reduce spending by 2 percent. time they get a chance, they do that. cent. That is an increase, Mr. Speaker. That didn’t get anywhere. How about 1 The child tax credit, the amount of b 1800 percent? Can we agree there is 1 per- money that you are given from the cent of waste, fraud, and abuse in Con- Mr. PRICE of Georgia. I thank my Federal Government as a credit to as- gress? You would think we could agree good friend for coming and helping out sist in raising your child, $1,000, in 2010, to that. and participating and trying to shed 2011 down to $500, cut in half, slashed in But if we could look to the chart light, trying to put a little fact on the half. right next to you right now, what that table when we talk about the issue of The lowest tax bracket, curiously chart says is as follows: when that 1 taxing and spending. enough, those at the lowest end of the percent reduction legislation was pro- I do, Mr. Speaker, want to talk fairly economic spectrum in 2010 would have posed to this House, who voted for it specifically about taxes because, as you a taxable income tax at 10 percent, and and who was against it. know, Mr. Speaker, the general con- then in 2011 at 15 percent. Mr. PRICE of Georgia. I appreciate sensus out in America is that the ma- What does that mean, Mr. Speaker? you pointing that out. What this chart jority party, the Democrats, are the What does that mean to people? The demonstrates is that the rhetoric that party of tax and spend. I grew up be- other side is fond of saying that all we hear from the other side doesn’t lieving that, I grew up thinking that, they are going to do is tax the rich. match the action. It happens in so and that is one of the reasons that I They demonize the rich, because there many different areas; it is hard to keep was so staunchly a Republican as I en- is a tried-and-true method in politics up with. I call it Orwellian democracy, tered my political career, because I which is to divide people. We believe, I which is that the words don’t match thought it was most appropriate to de- believe that it is important to bring the actions. crease taxes and to decrease spending people together to work together in a This chart demonstrates the seven at the State and the Federal level, be- positive way to solve problems, to appropriations bills. A number of us, cause I believe firmly, as I believe most solve the challenges that we have as and you were so very, very supportive Americans believe, that the American the American people. And so they say, of these efforts, attempted to say the people are better able to decide how to well, all we are going to do is increase Federal Government is spending too spend their hard-earned money, not the taxes on the rich. much, we ought to decrease that. If Federal Government, not the State In fact, with these tax rates here, one you don’t want to decrease it in certain government. in five people who benefit from the specific programs, then let’s just de- Our friends on the other side of the lower rate on capital gains that was crease it by a certain percent. aisle tend to believe by and large that passed earlier in this decade have in- In this instance, I promoted amend- the Federal Government knows best; comes below $50,000. That is 20 percent ments that would decrease it by 1 per- that the choices that the Federal Gov- have incomes below $50,000. So I guess cent. Decrease these seven appropria- ernment makes with how to spend indi- that all we can conclude from that is tions bills by 1 percent. That is one viduals’ money, those are better that our friends on the other side, the penny out of every dollar. That reduc- choices than that person could make majority party, believe that anybody tion would have saved $3.9 billion. Yet for themselves. I simply don’t believe who makes less than $50,000 is rich, the the individuals who so often say over it and I don’t think the American peo- only conclusion that we could reach and over and over that they are cham- ple believe that. given their rhetoric, given what they pions of fiscal responsibility, that they But what has happened in a rel- say. One in four people who benefit certainly don’t want to see us over- atively short period of time, Mr. from the lowered rate on dividends, one spend, and you see on the far right Speaker, we have been in this 110th in four, 25 percent have an income less there the number of times that they Congress now a little over 9 months, than $50,000. Again, are those people voted for and then against this type of right about 9 months, in a relatively rich, Mr. Speaker? Are those people amendment, overwhelmingly voted short period of time the bills that have rich? When you pit people against each against it, 95 percent almost all the been passed would increase taxes on other, it doesn’t do well or a service to time. the American people, and truly across our Nation in terms of the discussion I am happy to yield to my friend. the board, not just a small focal area. as we move forward. Mr. GARRETT of New Jersey. I will They will talk about increasing taxes How many folks is that? 2.4 million leave you to make that point in great- on the rich, and we will talk about that people earning less than $50,000 benefit er detail because I think it is a signifi- a little bit, but in fact what they have from the capital gains tax relief, 2.4 cant point. passed through this House are bills re- million Americans; 5.4 million Ameri- I will leave you on this note as well, peatedly that increase taxes on vir- cans who earn less than $50,000 benefit that the other side of the ledger sheet, tually every single American. And why from the dividend tax relief, 5.4 mil- if you are not going to cut spending, do I say that? Well, they passed a budg- lion. In fact, 58 percent of the people the other side is increased revenue. I et that includes this portion, these pa- who have benefited, Americans who believe you will probably show a chart rameters laid out in terms of increas- have benefited from the capital gains that you will have later on with regard ing taxes. tax cuts earn less than $100,000 a year.

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\K18SE7.118 H18SEPT1 bajohnson on PROD1PC71 with HOUSE H10504 CONGRESSIONAL RECORD — HOUSE September 18, 2007 Over half of the individuals earn less priorities of this Nation ought to be in- incredible economic development oc- than $100,000 a year. So I guess all frastructure improvement, but we have curred, because when you allow cor- those people, Mr. Speaker, by the defi- got enough money to be able to do that porations to create more jobs, more nition of our friends on the other side, if we would set those priorities. We people get jobs, more money is created are rich. ought not be increasing the taxes on in terms of revenue for the Federal Mr. Speaker, we are talking a bit the American people. Government. And it seems about taxes and about the Orwellian A 50-cent-per-gallon, 50-cents-per-gal- counterintuitive, but when you de- nature of the rhetoric that we hear lon tax increase to study global warm- crease taxes on both people and on cor- from folks on the other side of the aisle ing. Now, Mr. Speaker, I believe that it porations, there is more money that as they continually say, well, we will is fairly well documented that the tem- comes into the Federal Government. only tax the rich and we will only tax perature on the Earth has increased So, Mr. Speaker, when you look at corporations, as if corporations are some over the past couple of years. I the facts, when you look at the facts this inanimate object that don’t relate don’t know that that is due to human you appreciate that the United States at all to the American people, that activity, but I do believe that we ought corporations, again, a wonderful whip- there is no nexus between the Amer- to be studying it and looking at it. I ping boy and it is easy to criticize ican people’s jobs and businesses. In also believe that it ought to be a pri- them because it is tough for them to fact, when they tax at the rate that ority of our Nation and it ought to be defend themselves, especially with the they do or that they propose, it affects a priority of our budget, but I don’t be- rhetoric that we so often hear on this virtually every single individual in this lieve that we need to increase taxes in floor of the House. And I find that Nation who has a job. And, Mr. Speak- order to perform that study. I believe troubling and I think that is dis- er, that is personal. That is personal to that those resources are certainly al- tressing, and it ought to be to the those folks. ready there. American people, Mr. Speaker. Because So we have talked about the $392.5 New taxes on homeowners by ending when you look at the facts, what you billion tax increase that was incor- the mortgage deductions. That is what see is that United States corporations porated in the budget that our friends has been proposed by the other side. are taxed more than any other indus- adopted on the other side. We have And in the SCHIP bill again, in the trialized nation except for Spain, and talked about that, and we outlined State Children’s Health Insurance Pro- we are tied with Spain, 35 percent. So where that came from with all of the gram, there was a small little portion those are the facts, Mr. Speaker. increases in income taxes, capital of it that many people didn’t even Now, what is the solution? Well, the gains taxes, the death tax coming know they were voting on when they solution is to respect the hard-earned back. But what else have they done? voted on it that will provide, if it be- money of the American taxpayer. That Virtually a new tax at every single comes law, for a tax on every single is the solution. We have proposed a turn. A new bill comes through here, personal private health insurance pol- taxpayer bill of rights. I encourage my and it is a new tax or it is a new fee. $15 icy in this Nation. Every single one. colleagues on the other side to look at billion in the energy bill that was Mr. Speaker, it is not the way that we the bill, to cosponsor the bill. I would passed, $15 billion in new taxes on ought to be proceeding to increase eco- love to have it passed. I would love to American corporations, American oil nomic development to solve the chal- bring it to the floor and passed. What does it include? It says that the corporations. And I know it is popular lenges that we have by taxing Ameri- Federal Government ought not grow to beat up on the oil companies. But, cans over and over and over. beyond their ability to pay for it. That Mr. Speaker, if you tax them more, I want to spend a few brief moments is the balanced budget portion of the who is going to pay those taxes? The talking about taxes on corporations, bill. You ought not spend more than American people are going to pay those because our friends on the other side, it you take in. You ought to make cer- taxes. Corporations don’t make any is one of their favorite pinatas. They tain that you end deficit spending. We money, they don’t mint any money. beat up on the corporations left, right, and center, and they do so as if the cor- believe taxpayers have a right to that. What they do is American people pur- We believe that taxpayers have a right chase their products. And if they are porations in America aren’t paying any tax at all, they aren’t paying their fair to receive back each dollar that they taxed more, the American people will entrust to the Federal Government for share. You will hear them say that, Mr. pay more for those taxes. their retirement. That is the Social Se- In addition to what that means is Speaker. If you look at the facts, if you curity portion. As you well know, Mr. that we are penalizing American cor- look at the facts, then we could see Speaker, we talked about entitlements porations. And they didn’t tax foreign where the American corporations stand earlier, entitlement reform is impera- oil companies. That is not what they as it relates to the rest of the industri- tive. If young people across this Nation alized world. did. They taxed American oil compa- are going to be able to receive back Now, one would think, given the Or- nies $15 billion; $5.8 billion in new to- with some benefit the resources that wellian rhetoric that we have heard bacco taxes. That might be appro- they have sent to the Federal Govern- from the other side, that American cor- priate. In fact, as a physician I strong- ment for their retirement, if that is porations are clearly not paying their ly believe that individuals ought not going to be able to occur, then what fair share. Right? They are not paying smoke. Ought not smoke. But what needs to happen is that that money as much as they might be in, say, oh, they have done is incorporate new to- needs to be put into a fund that is not pick a nation. Canada? Canadian cor- bacco taxes in a children’s health in- used for anything else. Social Security porations pay about 22 percent. Amer- surance bill, so that as you decrease trust fund money ought to be used for ican corporations, oh, by the way, they the number of folks that are smoking, Social Security alone. That is what the you will have to find that money else- are down there on the far right on this taxpayer bill of rights says. That is where. And then where does that come chart, Mr. Speaker. They are down what we say in our bill. That is what from? Yes, Mr. Speaker, you guessed it, there on the far right paying the great- many individuals across this Chamber new taxes. est percentage of taxes of their income on both sides of the aisle have said that $7.5 billion in new taxes in the farm of any other nation, tied with Spain. they support. bill. Remember, Mr. Speaker, at every Granted, we are tied with Spain, 35 per- single turn, virtually every single turn, cent. Switzerland down here, 8 or 9 per- b 1815 every new bill, this new majority has cent. Ireland is about 12 percent. Well, Mr. Speaker, let’s vote on that. seen to find an opportunity to raise In fact, Ireland is a great case study, That’s a positive move to make. In taxes on the American people. because Ireland used to be way down at fact, that would be a bipartisan posi- Five-cent-per-gallon gasoline tax in- this end of the chart, way down at that tive move to make. We encourage that crease for infrastructure. That infra- end. In fact, what they did was de- to happen. We believe that taxpayers structure is an appropriate thing to crease their corporate taxes, decrease have a right to a balanced budget pay for. But, Mr. Speaker, as you their taxes on corporations and busi- amendment without raising taxes. know, when you set a budget, you nesses. And what happened, Mr. Speak- As we’ve demonstrated already, the ought to set priorities. And one of the er? An incredible economic boom, an current majority believes that if you

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\K18SE7.119 H18SEPT1 bajohnson on PROD1PC71 with HOUSE September 18, 2007 CONGRESSIONAL RECORD — HOUSE H10505 just tax more, you’ll be able to in- gether positively, productively we can today about an issue that faces not just crease the money coming to the Fed- solve the challenges that we have be- my district, where the attack on the eral Government to pay for all these fore us. United States occurred, where the programs, these new programs that It’s an incredible honor to represent World Trade Center once stood, but our they want to enact. the Sixth District of Georgia in this entire Nation. In fact, what happens if you tax United States House of Representa- I am honored to be here today to sup- more, you decrease money coming to tives. It’s an incredible honor for each port legislation sponsored by CAROLYN the Federal Government. And every and every one of us to be a Member MALONEY and myself and others. CARO- single President that has decreased here. LYN has been such a strong advocate taxes recognized that. John Kennedy But what our constituents demand of for the living victims of 9/11. did when he decreased taxes, saw a sig- us, I believe, is responsibility to act to- I also want to thank Chairmen nificant increase to the Federal Gov- gether and to work together in a posi- GEORGE MILLER and FRANK PALLONE ernment in terms of revenue. Ronald tive way, in an uplifting way, in a way for the recent hearings they have held Reagan did when he decreased taxes, that will make certain that we pre- on this issue, one last week and one saw an increasing amount of money to serve the American Dream and a sys- earlier today. the Federal Government. And certainly tem in place, an economic system in I am pleased to announce that yesterday, along with Congresswoman in this administration we’ve seen sig- place that will allow the majority of MALONEY and others, I introduced es- nificant increased revenues to the Fed- Americans, the vast majority of Ameri- sential new legislation that would en- eral Government. When you decrease cans, if not every single American, the sure that everyone exposed to World taxes, money to the Federal Govern- opportunity to succeed in his or her Trade Center toxins, no matter where ment increases. Again, it sounds own life. they live now or in the future, would counterintuitive; but it’s not, because I challenge my colleagues across the have a right to high-quality medical what happens is that American people aisle to work together positively in monitoring and treatment and access get to keep more of their hard-earned that direction. I know that you’ve got to a reopened victim compensation money. partners who will assist you on this And you remember, Mr. Speaker, we fund for their losses. side. Whether you are a first responder talked about choices, who ought to be f who toiled without proper protection, able to choose. One of the most funda- who came to help in the rescue and re- mental principles that we believe, I be- REPORT ON RESOLUTION WAIVING covery from New York, from elsewhere lieve, is that the American individual, REQUIREMENT OF CLAUSE 6(a) in New York or from elsewhere in the the American citizen ought to be the OF RULE XIII WITH RESPECT TO country, or whether you’re an area one that has the right to choose when CONSIDERATION OF CERTAIN resident worker or student who was they save or they spend or they invest, RESOLUTIONS caught in the plume, or subject to on- not the Federal Government, with Mr. HASTINGS of Florida (during the going indoor contamination, if you their money. So many of our good Special Order of Mr. PRICE of Georgia), were harmed by the environmental ef- friends on the other side believe that from the Committee on Rules, sub- fects of 9/11, you would be eligible. they can make better decisions than mitted a privileged report (Rept. No. This bill builds on the best ideas the American people with that hard- 110–332) on the resolution (H. Res. 659) brought to Congress thus far, and on earned taxpayer money. waiving a requirement of clause 6(a) of the infrastructure already in place pro- We believe that you ought to be able rule XIII with respect to consideration viding critical treatment and moni- to get to a balanced budget without of certain resolutions reported from toring. raising taxes. We have a bill that will the Committee on Rules, which was re- Mr. Speaker, when the World Trade allow that to happen. We strongly en- ferred to the House Calendar and or- Center collapsed on September 11, 2001, courage our friends on the other side to dered to be printed. the towers sent up a plume of poi- support it. sonous dust that blanketed Lower We believe that taxpayers have a f Manhattan and parts of Brooklyn, right to fundamental and fair tax re- REPORT ON RESOLUTION PRO- Queens, and New Jersey. A toxic cloud form. Some of my friends are sup- VIDING FOR CONSIDERATION OF of lead, dioxin, asbestos, mercury, Ben- porters of a flat tax, a flat income tax. H.R. 2761, TERRORISM RISK IN- zene, PCBs, PAHs and other hazardous Some are supporters of a fair tax, the SURANCE REVISION AND EXTEN- contaminants swirled around the site national retail sales tax, which I be- SION ACT OF 2007 and around Lower Manhattan and lieve to be the most appropriate way to Brooklyn and Jersey City as rescue Mr. HASTINGS of Florida (during the align our form of taxation in our Na- workers labored furiously in the wreck- Special Order of Mr. PRICE of Georgia), tion with our form of commerce. We age, many without adequate protective from the Committee on Rules, sub- would then incentivize all the things gear. Thousands of first responders in- mitted a privileged report (Rept. No. that we say that we want, like hard haled this poisonous dust before it set- 110–333) on the resolution (H. Res. 660) work and vision and entrepreneurship tled onto and into countless homes, providing for consideration of the bill and success. Right now we punish all shops and office buildings where it re- (H.R. 2761) to extend the Terrorism In- those things. Our current tax system mains to this day. punishes people when they do more, surance Program of the Department of Mr. Speaker, I’ve always said that when they succeed, when they die. the Treasury, and for other purposes, there were two coverups conducted Those aren’t things we ought to be tax- which was referred to the House Cal- here, two coverups conducted by the ing. My goodness. endar and ordered to be printed. administration. The first coverup was And we believe also that the tax- f that the air was okay, that no one payers have a right to a supermajority would get sick from the exposure to LIVING VICTIMS OF 9/11 required for any tax increase. In fact, World Trade Center dust at or near as you know, Mr. Speaker, that was the The SPEAKER pro tempore (Mr. Ground Zero. The administration de- rule of the House until this new major- KLEIN of Florida). Under the Speaker’s nied the air was toxic and insisted that ity took over. When they changed the announced policy of January 18, 2007, no one would get sick. They lied. They rules on the very first day that we met the gentleman from New York (Mr. lied deliberately to the American peo- in January of this year, they changed NADLER) is recognized for 60 minutes as ple, to the people of New York, to the the rule to make it so that it only took the designee of the majority leader. first responders. They said the air was a majority to raise taxes on any bill Mr. NADLER. Mr. Speaker, I yield safe, when they had test results saying that comes through this House, not a myself such time as I may consume. it was toxic. As a result, tests at Mt. supermajority, which meant 60 percent Mr. Speaker, 1 week ago today, we Sinai Hospital published in a peer re- before. marked the sixth anniversary of the viewed medical study just about a year So, Mr. Speaker, it’s very clear. We tragic events of September 11, 2001. I ago revealed that of the 10,000 first re- believe, I believe, that working to- appreciate the opportunity to speak sponders tested, over 70 percent suffer

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\K18SE7.121 H18SEPT1 bajohnson on PROD1PC71 with HOUSE H10506 CONGRESSIONAL RECORD — HOUSE September 18, 2007 from lung disease at this point, or at long-term health care, monitoring and Now, nature cleans up the outdoor least as of last year. We have seen this treatment because they are victims of air. The rain washes the toxins away. in test after test and study after study. the attack on the United States. Al The wind blows them away. All the literature goes in the same di- Qaeda didn’t attack them individually. b 1830 rection. Thousands of people are sick They attacked United States. They who need not have been sick. Thou- happen to be the individual victims. Nature does not clean up the indoor sands of people are sick because the ad- Secondly, they are victimized be- air. Only people can clean up the in- ministration lied, and because OSHA cause, many of them, perhaps most of door air. Only people can clean up the failed to do its job. them would not have gotten sick if the residue of those toxins that are still Mr. Speaker, there was air pollution Federal Government had not lied to there. And if they are not properly at the site of the Pentagon attack on them and if the Federal Government cleaned up, they will stay there, and this country also. But OSHA, the Occu- had not decided not to enforce the oc- they will stay there forever, poisoning pational Safety and Health Adminis- cupational safety and health laws. people on a daily basis. And that is ex- tration, enforced the law. Nobody was That too establishes a moral obligation actly what we have reason to believe is permitted to work on the site without to care for the victims of the Federal going on. wearing proper respiratory protective malfeasance. Now, the EPA said people should clean up on their own. Under the gear, as the law demands. Now, that is all the first coverup. But Giuliani administration, the City of Mr. Speaker, nobody is suffering lung as a result of the Mt. Sinai study, as a New York said landlords should clean damage or respiratory disease today as result of other studies that have come up the exterior surfaces of buildings a result of participating in the rescue out all within the last year as a result and the public spaces in the buildings and recovery efforts at the Pentagon. of some newspaper reports, that cover- but let the tenants, individual tenants, But in Lower Manhattan, somebody up has unraveled. Almost nobody today individual residents, individual small made a deliberate decision not to en- still maintains that these people aren’t business owners and large business force the occupational safety and sick as a result of 9/11. The only ques- owners, to clean up their space, with- health laws. OSHA did not enforce the tion is how best to deal with that sick- out providing any help or expertise to laws. People were permitted on the site ness. without respirators. Indeed, public offi- do so. And, of course, most of these And the answer, we believe, is that cials went to the site and wore only spaces were not properly cleaned. the Federal Government should adopt masks, paper masks, which were worse The EPA and New York City Depart- the bill, Congress should adopt the bill than useless, we are told by the sci- ment of Health put on its Web site very that Congresswoman MALONEY and I entists. Many workers worked without early on that if you came home and and others introduced that provides respirators. Many workers had no ac- you saw World Trade Center dust in two things: one, reopen the victims cess to respirators. Police officers have your apartment, clean it up with a wet compensation fund for people whose testified they had no access to res- mop and a wet rag. And if there is a lot health was damaged, who weren’t im- pirators. of dust, if it’s really thick, consider Many workers who did have access to mediately killed, but whose lives were using a HEPA filter. respirators believed the assurances perhaps shortened, whose health was Now, this advice is illegal because they got that the air was safe and damaged as a result of 9/11 of the at- the law says you may not remove or didn’t use the respirators because they tack on our country. move asbestos-containing material un- got in the way of the work. The result And, secondly, provide for long-term less you are trained and certified and is, thousands of people are sick and medical monitoring and treatment licensed to do so and unless you are some are dead, unnecessarily, as a re- through the centers of excellence, wearing a moon suit, proper protective sult of the malfeasance, the deliberate through the institutions that have equipment. OSHA, the Occupational malfeasance of the Federal Govern- treated people and through a network Safety and Health Administration, ment. of institutions that would be, not ruled that all World Trade Center dust Mr. Speaker, two things establish a formed, but would be brought into a had to be presumed to be asbestos-con- moral obligation on the Federal Gov- network around the country that taining material because there were ernment. One, the people who were would be fed the latest data on diag- thousands of tons of asbestos in the hurt, the people who are sick as a re- nosis and treatment. So this legisla- World Trade Center. We know that. So sult of participating in the clean up, tion ought to be adopted. this advice said illegally move this ma- the people who are sick as a result of Secondly, Senator CLINTON and I terial. living in Lower Manhattan or working have introduced legislation of a more Now, when we had a hearing in our in Lower Manhattan, the government immediate nature to appropriate $1.9 subcommittee, the Subcommittee on workers who returned to government billion for the next 5 years to provide the Constitution, Civil Rights, and offices in the Securities and Exchange for this medical monitoring and treat- Civil Liberties, back in June, I inquired Commission or other government agen- ment in case we cannot immediately of Christie Todd Whitman, the former cies and worked there before the build- adopt the long-term legislation that head of EPA at the time, I said, Gov- ings had been cleaned and are now sick Congresswoman MALONEY and I have ernor Whitman, when you were admin- as a result, are sick for two reasons. introduced. The mayor of New York es- istrator of EPA, if you were told that They are sick because of the terrorist timates that the annual cost of treat- some company or some individuals who attack on this country, and they are ment for the first responders is now were not trained to do so were remov- sick because their government lied to about $198 million and will increase to ing asbestos-containing material, what them and urged people to go back into $413 million in the next few years as would you do? unsafe environments and told people more and more people need more and She said, We would certainly have ar- things were safe when they weren’t. more treatment. rested them. We owe, the Federal Government But I said there were two coverups. I said, If you were told they were dis- owes a moral debt to all these victims. The second coverup is the failure of posing of that material in the garage, Because they are victims of a terrorist EPA to clean up indoor contamination. in the regular garage, what would you attack on this country, the words of When the World Trade Center col- have done? Abraham Lincoln apply. Abraham Lin- lapsed, it released, as I said, thousands We would certainly have arrested coln said that it is the duty of all of us of tons of toxic dust and debris. Much them, she said. to care for him who shall have borne of it settled on the ground and in the But EPA and the City Department of the battle. The people who are sick air outdoors; much of it blew in Health put on their Web site the advice today with deadly illnesses, with long- through windows and into heating to do exactly that to every individual term illnesses, are just as much vic- vents and air conditioning vents, into who saw the World Trade Center dust tims of the terrorists as those 3,000 buildings, all throughout Manhattan in their own apartment. people who were killed on 9/11, and the and Queens and Brooklyn and perhaps So this was illegal advice, but it was United States Government owes them New Jersey. also unsafe advice. It was also unsafe

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\K18SE7.123 H18SEPT1 bajohnson on PROD1PC71 with HOUSE September 18, 2007 CONGRESSIONAL RECORD — HOUSE H10507 advice because if you remove asbestos- Center. Why concentric circles? To see ment doesn’t admit the problem. On containing material without wearing how far the contamination expanded the first coverup that thousands of peo- proper respiratory protection, you are and still exists. ple are sick, almost nobody denies it guaranteed to inhale some of that, and Now, the EPA, when they talked anymore. We know that. The only that’s poison. That’s toxic. Not to men- about their cleanup, they established question is what we do about it, and I tion all the other toxins that we know an arbitrary line. They said, We con- spoke about that a few minutes ago. were in that dust. And, also, if you are sider that the problem is limited to We should make sure that people are not trained properly how to do this, lower Manhattan below Canal Street, plugged into centers of excellence and you are not going to do a thorough job. as if there were a 30,000-foot-high wall networks and we should pass legisla- You may think you have cleaned your at Canal Street blocking the plume tion affording them long-term health apartment or your office, but the mate- from going north of Canal Street, as if care, monitoring and services. But this rial is still going to be in the drapes. there were a 30,000-foot wall across the problem that we still have, people who It’s still going to be in the carpets. It’s East River and the Hudson River pro- will come down with these dread dis- still going to be in the porous wood tecting New Jersey and Queens and eases unnecessarily because they are surfaces. It’s still going to be in the Brooklyn. Well, I’ve never seen any being exposed on a daily basis to World HVAC system. It’s still going to be be- evidence of that 30,000-foot wall. We Trade Center toxins that were never hind the refrigerator or the stove. And have to assume that the toxins went in cleaned up, this is still unadmitted by every time the baby crawls on that car- these places too. We have to find out the EPA or by the Federal Govern- pet for the next however many years, where they went. That’s why the In- ment. Mr. Speaker, if we are going to be the baby is going to release some into spector General instructed us that we true to what we have said about the he- the atmosphere and is going to inhale should properly inspect several hundred indoor spaces, randomly selected roes of 9/11, if we are going to be true it. So these indoor spaces are unsafe to to what Abraham Lincoln said when he work or live in. And we are daily poi- indoor spaces, in concentric circles from the World Trade Center to see said that it is our duty to care for him soning people. who shall have borne the battle, we How many such spaces? Tens of where the contamination extended to. must do two things: We must provide apartments, hundreds of apartments, And it may be that in one direction it extends three blocks and in another di- for the long-term monitoring and thousands of apartments, tens of thou- health care by passing the bill that sands of apartments? We don’t know. rection three miles. It may be, as I said, that we are talking about a few CAROLYN and others and I introduced Over what geographic area does this yesterday. We must also demand that hundred apartments or tens of thou- spread? We don’t know because EPA, EPA implement a proper indoor testing sands. We don’t know. But wherever the Federal Government, never did any and cleaning program. Not a cleanup that extended, wherever the tests in proper testing. that the EPA’s own scientific advisory the concentric circles show that those Now, they say they did testing, but panel says is a joke and a fraud, not a toxins are present indoors, we must the EPA’s own Inspector General says cleanup that the EPA’s Inspector Gen- draw lines on the map, and then we it was nonsense. The EPA says it did a eral says is woefully inadequate, but a cleanup in 2002, an indoor cleanup, on a must go into every single building in proper cleanup to test buildings thor- voluntary basis of several thousand those geographic areas, however small oughly, to test for all pollutants, not apartments. But the EPA’s own Inspec- or large the areas may be, and profes- just for one or two, and that is not lim- tor General said it was a phony cleanup sionally clean them up. This may take ited by arbitrary geographic bound- for any number of reasons I won’t go several hundred million dollars; it may aries in a way that allows the EPA to into now. And every time that anyone take several billion dollars. We won’t minimize its responsibility. qualified has looked at this, they have know the extent of it until we do the Mr. Speaker, for the past 6 years, we labeled what has been done hazardous testing. But as long as we don’t do that have demanded that the EPA, that this and phony. testing, we have to assume, from ev- administration, fulfill its legal man- At my request, back in February and erything we know, that hundreds, date to protect the public health by March of 2002, the EPA’s ombudsman maybe thousands, maybe tens of thou- telling the truth about post-9/11 air held public hearings in lower Manhat- sands of people are being poisoned quality and by implementing a sci- tan to talk about the indoor contami- daily and will come down 10 years from entifically sound testing and cleanup nation to examine this. What did the now with mesothelioma, with lung can- program to address indoor contamina- EPA do? They dismantled the ombuds- cer, asbestosis, and other dreaded dis- tion. They have absolutely failed on man’s office after telling people not to eases because they are living or work- both fronts. The Federal Government attend the hearing. The EPA Inspector ing in contaminated environments. has incurred a heavy moral liability General released a report in August of And we know something else about because the blood of many of the peo- 2003 labeling the EPA’s actions atro- these kinds of contaminated environ- ple who will die early because of these cious and its cleanup phony. What did ments. We know the effects of the tox- diseases lies on the hands not only of the EPA do? It ignored the rec- ins are cumulative. That is to say, if the terrorists but of the administration ommendations. you waved a magic wand tomorrow and officials who lied to the people about Under pressure from Senator CLINTON cleaned up all the contaminated indoor the conditions and therefore caused and myself and others, the EPA in 2004 spaces, a certain number of people, we people to work in unsafe environments formed a scientific advisory panel to don’t know how many, we don’t know and who are continuing to allow people look into this and to advise us what whom, but a certain number of people, to work today in unsafe environments. ought to be done. But when the sci- because of the failure over the last 6 If we are to be true to the survivors entific advisory panel of people hand years to clean up these indoor spaces, and the heroes of 9/11, we must learn picked by the EPA started coming to because they worked there for 6 years, something of this nightmare so that, the conclusions similar to what I have are unavoidably destined to come down God forbid, if there is a disaster, nat- been stating here, what did the EPA with these dreaded diseases because we ural or manmade, we will protect the do? Did they listen? No. They disman- didn’t clean it up 6 years ago. But if we innocent rather than allowing our mal- tled the panel and they didn’t permit don’t wave that magic wand, if we feasance and carelessness to shorten them to issue a report. The administra- don’t conduct a proper cleanup, then a the lives of thousands of people. tion has promised us reports; we much larger number of people will Now, when we have talked about this haven’t seen them. come down with lung cancer, mesothe- in the past, some people have said, and What has to be done? What has to be lioma, asbestosis, and so forth 10 and 15 Christie Todd Whitman, the former ad- done is what the Inspector General rec- years from now. And the liability, the ministrator of EPA has said, the fault ommended 4 years ago. What the In- tort liability, of billions, tens of bil- for all the people who are suffering and spector General said was that there has lions, maybe hundreds of billions of dying is the fault of the terrorists. Of to be active testing of indoor spaces, dollars, will mount up and mount up. course that is partially true. If the ter- several hundred indoor spaces, in con- Now, this second coverup is still cov- rorists hadn’t attacked us, none of centric circles from the World Trade ered up in the sense that the govern- these people would be sick.

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\K18SE7.125 H18SEPT1 bajohnson on PROD1PC71 with HOUSE H10508 CONGRESSIONAL RECORD — HOUSE September 18, 2007 But it is the job of government and of Mr. HAYES, for 5 minutes, today. Department’s 2006 Revised Inventory of In- herently Governmental Activities and Inven- government officials to minimize dam- f ages, to mitigate damages, to make tory of Commercial Activities; to the Com- ENROLLED BILLS SIGNED mittee on Oversight and Government Re- sure that the number of people who get form. sick and die because of a terrorist at- Ms. Lorraine C. Miller, Clerk of the 3310. A letter from the Assistant Secretary tack is the fewest possible. Not to act House, reported and found truly en- for Administration and Management, Com- in such a way that thousands of people rolled bills of the House of the fol- petitive Sourcing Official, Department of who would have been fine had it not lowing titles, which were thereupon Labor, transmitting pursuant to the provisions of the Federal Activities Inventory Re- been for the malfeasance of govern- signed by the Speaker: ment are not going to be fine. So for form (FAIR) Act of 1998 (Pub. L. 105-270), the H.R. 954. An act to designate the facility of Department’s 2006 Inventory of Inherently that it is the terrorists’ fault but it is the United States Postal Service located at Governmental Activities and Inventory of also the fault of these government offi- 365 West 125th Street in New York, New Commercial Activities; to the Committee on cials. And that is another reason why York, as the ‘‘Percy Sutton Post Office Oversight and Government Reform. the government has a heavy moral re- Building’’. 3311. A letter from the Assistant Secretary sponsibility to clean up the indoor en- H.R. 2669. An act to provide for reconcili- for Legislative Affairs, Department of the vironment so that people stop being ation pursuant to section 601 of the concur- Treasury, transmitting the Department’s an- further exposed to the toxins so that rent resolution on the budget for fiscal year nual report for FY 2006 prepared in accord- 2008. ance with the Notification and Federal Em- we put a halt to further numbers of H.R. 3218. An act to designate a portion of ployee Antidiscrimination and Retaliation people getting sick from this. And, sec- Interstate Route 395 located in Baltimore, Act of 2002, Public Law 107-174; to the Com- ondly, the government has a heavy Maryland, as ‘‘Cal Ripken Way’’. mittee on Oversight and Government Re- moral responsibility to help those who form. f have lost their jobs because they can 3312. A letter from the Chairman and CEO, no longer breathe, who are getting b 1845 Farm Credit Administration, transmitting pursuant to the provisions of the Federal Ac- sick, who are sick, to minimize their ADJOURNMENT tivities Inventory Reform (FAIR) Act of 1998 damages by making sure that their (Pub. L. 105-270), the Administration’s FY health care is not a problem, by enact- Mr. NADLER. Mr. Speaker, I move 2007 inventory of inherently governmental ing legislation to provide for long-term that the House do now adjourn. activities; to the Committee on Oversight health care and monitoring. The motion was agreed to; accord- and Government Reform. So I thank you for yielding to me. I ingly (at 6 o’clock and 45 minutes 3313. A letter from the Inspector General, hope that these rather harsh words but p.m.), the House adjourned until to- General Services Administration, transmit- morrow, Wednesday, September 19, ting the Audit Report Register, including all realistic words and absolutely truthful financial recommendations, for the period words will get some response from an 2007, at 10 a.m. ending March 31, 2007, pursuant to 5 U.S.C. administration that has been com- f app. (Insp. Gen. Act) section 5(b); to the pletely callous toward the survivors Committee on Oversight and Government and has paid only lip service toward EXECUTIVE COMMUNICATIONS, Reform. the survivors, and I hope that we can ETC. 3314. A letter from the EEO Director, Na- redeem the moral values that we all tional Mediation Board, transmitting the Under clause 8 of rule XII, executive Board’s FY 2006 report, pursuant the require- share on behalf of the Federal Govern- communications were taken from the ments of section 203 of the Notification and ment by doing the right thing in the Speaker’s table and referred as follows: Federal Employee Antidiscrimination and future on this if we have not done so in 3304. A letter from the Under Secretary for Retaliation Act of 2002 (No Fear Act); to the the past, which we have not. Acquisitions, Technology and Logistics, De- Committee on Oversight and Government f partment of Defense, transmitting the De- Reform. partment’s report detailing purchases from 3315. A letter from the Director, Office of LEAVE OF ABSENCE foreign entities in FY 2006, pursuant to Pub- Management and Budget, transmitting the By unanimous consent, leave of ab- lic Law 109-359, section 8030(b); to the Com- Office’s Fiscal Year 2006 list of commercial mittee on Armed Services. activities in accordance with the Federal Ac- sence was granted to: tivities Inventory Reform (FAIR) Act of 1998 Mr. KNOLLENBERG (at the request of 3305. A letter from the Office of the Dis- trict of Columbia Auditor, transmitting a (Pub. L. 105-270); to the Committee on Over- Mr. BOEHNER) for today on account of sight and Government Reform. copy of a report entitled, ‘‘Letter Report: personal reasons. 3316. A letter from the Director, Office of Audit of Advisory Neighborhood Commission f Personnel Management, transmitting the Of- 6B for Fiscal Years 2005 Through 2007, as of fice’s Federal Activities Inventory Reform SPECIAL ORDERS GRANTED March 31, 2007,’’ pursuant to D.C. Code sec- (FAIR) Act Inventory Summary as of June tion 47-117(d); to the Committee on Oversight By unanimous consent, permission to 30, 2006; to the Committee on Oversight and and Government Reform. Government Reform. address the House, following the legis- 3306. A letter from the Chairman, Broad- 3317. A letter from the Inspector General, lative program and any special orders casting Board of Governors, transmitting the Railroad Retirement Board, transmitting heretofore entered, was granted to: Broadcasting Board of Governors’ 2006 An- the budget request for the Office of Inspector (The following Members (at the re- nual Report, pursuant to Section 305(a)(9) of General, Railroad Retirement Board, for fis- quest of Mr. SESTAK) to revise and ex- the U.S. International Broadcasting Act of cal year 2009, prepared in compliance with tend their remarks and include extra- 1994, Pub. L. 103-236, pursuant to 22 U.S.C. OMB Circular No. A-11; to the Committee on 6204; to the Committee on Oversight and neous material:) Oversight and Government Reform. Government Reform. 3318. A letter from the Chief, Regulations Mr. EMANUEL, for 5 minutes, today. 3307. A letter from the Executive Director, and Administrative Law, Department of Mr. CUMMINGS, for 5 minutes, today. Commodity Futures Trading Commission, Homeland Security, transmitting the De- Ms. WOOLSEY, for 5 minutes, today. transmitting the Commission’s fiscal year partment’s final rule — Drawbridge Oper- Mr. DEFAZIO, for 5 minutes, today. 2007 FAIR Act inventory, pursuant to 31 ation Regulations; Norwalk River, Norwalk, Mr. SESTAK, for 5 minutes, today. U.S.C. 501; to the Committee on Oversight CT [CGD01-07-019] (RIN: 1625-AA09) received Ms. KAPTUR, for 5 minutes, today. and Government Reform. September 13, 2007, pursuant to 5 U.S.C. Ms. WATERS, for 5 minutes, today. 3308. A letter from the Secretary, Depart- 801(a)(1)(A); to the Committee on Transpor- (The following Members (at the re- ment of Education, transmitting the Depart- tation and Infrastructure. quest of Mr. POE) to revise and extend ment’s annual report for FY 2006 prepared in 3319. A letter from the Chief, Regulations their remarks and include extraneous accordance with Section 203 of the Notifica- and Administrative Law, Department of material:) tion and Federal Employee Antidiscrimina- Homeland Security, transmitting the De- Mr. POE, for 5 minutes, September 25. tion and Retaliation Act of 2002 (No FEAR partment’s final rule — Special Local Regu- Act), Public Law 107-174; to the Committee Mr. JONES of North Carolina, for 5 lations for Marine Events; Choptank River, on Oversight and Government Reform. minutes, September 25. Cambridge, MD [Docket No. CGD05-07-046] 3309. A letter from the Assistant Secretary (RIN: 1625-AA08) received September 13, 2007, Mr. PENCE, for 5 minutes, today. for Administration and Management, Com- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Ms. GINNY BROWN-WAITE of Florida, petitive Sourcing Official, Department of mittee on Transportation and Infrastruc- for 5 minutes, September 20. Labor, transmitting pursuant to the provi- ture. Mr. HULSHOF, for 5 minutes, Sep- sions of the Federal Activities Inventory Re- 3320. A letter from the Attorney, Depart- tember 19. form (FAIR) Act of 1998 (Pub. L. 105-270), the ment of Homeland Security, transmitting

VerDate Aug 31 2005 03:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\CR\FM\K18SE7.126 H18SEPT1 bajohnson on PROD1PC71 with HOUSE September 18, 2007 CONGRESSIONAL RECORD — HOUSE H10509 the Department’s final rule — Vessel Docu- 3330. A letter from the Chief, Regulations H.R. 3559. A bill to require the FCC, in en- mentation; Recording of Instruments [USCG- and Administrative Law, Department of forcing its regulations concerning the broad- 2007-28098] (RIN: 1625-AB18) received Sep- Homeland Security, transmitting the De- cast of indecent programming, to maintain a tember 13, 2007, pursuant to 5 U.S.C. partment’s final rule — Drawbridge Oper- policy that a single word or image may be 801(a)(1)(A); to the Committee on Transpor- ation Regulations; Potomac River, between considered indecent; to the Committee on tation and Infrastructure. Maryland and Virginia [CGD05-07-074] (RIN: Energy and Commerce. 3321. A letter from the Attorney, Depart- 1625-AA-09) received September 13, 2007, pur- By Mr. YOUNG of Alaska (for himself, ment of Homeland Security, transmitting suant to 5 U.S.C. 801(a)(1)(A); to the Com- Mr. PALLONE, Mr. KENNEDY, Mr. the Department’s final rule — Navigation mittee on Transportation and Infrastruc- ABERCROMBIE, and Mr. FALEOMA- and Navigable Waters; Technical, Organiza- ture. VAEGA): tional, and Conforming Amendments [USCG- 3331. A letter from the Chief, Regulations H.R. 3560. A bill to provide for the comple- 2007-27887] (RIN: 1625-ZA13) received Sep- and Administrative Law, Department of tion of certain land selections under the tember 13, 2007, pursuant to 5 U.S.C. Homeland Security, transmitting the De- Alaska Native Claims Settlement Act, and 801(a)(1)(A); to the Committee on Transpor- partment’s final rule — Drawbridge Oper- for other purposes; to the Committee on Nat- tation and Infrastructure. ation Regulations; Mystic River, Charles- ural Resources. 3322. A letter from the Chief, Regulations town and Boston, MA [CGD01-07-112] received By Mr. GENE GREEN of Texas (for and Administrative Law, Department of September 13, 2007, pursuant to 5 U.S.C. himself, Mr. WAMP, Mr. SMITH of Homeland Security, transmitting the De- 801(a)(1)(A); to the Committee on Transpor- Washington, and Mr. BACA): partment’s final rule — Regulated Naviga- tation and Infrastructure. H.R. 3561. A bill to authorize the Secretary tion Area; Buzzards Bay, Massachusetts; 3332. A letter from the Chief, Regulations of Health and Human Services to make Navigable Waterways within the First Coast and Administrative Law, Department of grants to community health coalitions to as- Guard District [CGD01-04-133] (RIN: 1625- Homeland Security, transmitting the De- sist in the development of integrated health AB17) received September 13, 2007, pursuant partment’s final rule — Drawbridge Oper- care delivery, and for other purposes; to the to 5 U.S.C. 801(a)(1)(A); to the Committee on ation Regulations; Hackensack River, Jersey Committee on Energy and Commerce. Transportation and Infrastructure. City, NJ [CGD01-07-093] received September By Mr. HILL (for himself, Mr. 3323. A letter from the Chief, Regulations 13, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to FOSSELLA, Mr. PENCE, Mr. BURTON of and Administrative Law, Department of the Committee on Transportation and Infra- Indiana, Mr. HALL of New York, Mr. Homeland Security, transmitting the De- structure. ELLSWORTH, Mrs. GILLIBRAND, Mr. partment’s final rule — Drawbridge Oper- 3333. A letter from the Program Analyst, DONNELLY, and Mr. PATRICK MURPHY ation Regulations; Sacramento River, Rio Department of Transportation, transmitting of Pennsylvania): Vista, CA [Docket No. CGD11-07-013] received the Department’s final rule — Airworthiness H.R. 3562. A bill to amend the Internal Rev- September 13, 2007, pursuant to 5 U.S.C. Directives; Air Tractor, Inc. Model AT-602 enue Code of 1986 to allow the deduction for 801(a)(1)(A); to the Committee on Transpor- Airplanes [Docket No. FAA-2004-20007; Direc- real property taxes on the principal resi- tation and Infrastructure. torate Identifier 2004-CE-50-AD; Amendment dences to all individuals whether or not they 3324. A letter from the Chief, Regulations 39-14798; AD 2006-23-01] (RIN: 2120-AA64) re- itemize other deductions; to the Committee and Administrative Law, Department of ceived September 14, 2007, pursuant to 5 Homeland Security, transmitting the De- on Ways and Means. U.S.C. 801(a)(1)(A); to the Committee on partment’s final rule — Security Zone; Wa- By Mr. CUMMINGS (for himself, Mr. ters Surrounding U.S. Forces Vessel SBX-1, Transportation and Infrastructure. WYNN, Mrs. CAPPS, Ms. EDDIE BER- HI. [COTP Honolulu 07-005] (RIN: 1625-AA87) f NICE JOHNSON of Texas, Mrs. CHRISTENSEN, Mr. BURTON of Indiana, received September 13, 2007, pursuant to 5 REPORTS OF COMMITTEES ON U.S.C. 801(a)(1)(A); to the Committee on Mr. HOLDEN, Ms. JACKSON-LEE of Transportation and Infrastructure. PUBLIC BILLS AND RESOLUTIONS Texas, Mr. JEFFERSON, and Mr. 3325. A letter from the Chief, Regulations Under clause 2 of rule XIII, reports of MEEKS of New York): H.R. 3563. A bill to provide for prostate and Administrative Law, Department of committees were delivered to the Clerk Homeland Security, transmitting the De- cancer imaging research and education; to for printing and reference to the proper the Committee on Energy and Commerce. partment’s final rule — Security Zone; Ha- calendar, as follows: waii Super Ferry Arrival/Departure, By Mr. CANNON (for himself and Ms. Nawiliwili Harbor, Kauai, Hawaii [Docket Mr. ARCURI: Committee on Rules. House LINDA T. SA´ NCHEZ of California): No. USCG-2007-29153] (RIN: 1625-AA87) re- Resolution 659. Resolution waiving a require- H.R. 3564. A bill to amend title 5, United ceived September 13, 2007, pursuant to 5 ment of clause 6(a) of rule XIII with respect States Code, to authorize appropriations for U.S.C. 801(a)(1)(A); to the Committee on to consideration of certain resolutions re- the Administrative Conference of the United Transportation and Infrastructure. ported from the Committee on Rules (Rept. States through fiscal year 2011, and for other 3326. A letter from the Chief, Regulations 110–332). Referred to the House Calendar. purposes; to the Committee on the Judici- and Administrative Law, Department of Mr. ARCURI: Committee on Rules. House ary. Homeland Security, transmitting the De- Resolution 660. Resolution providing for con- By Ms. BORDALLO (for herself, Mr. partment’s final rule — Security Zones; sideration of the bill (H.R. 2761) to extend FALEOMAVAEGA, Mrs. CHRISTENSEN, Oahu, Maui, Hawaii, and Kauai, HI [CGD14- the Terrorism Insurance Program of the De- and Mr. FORTUN˜ O): 07-001] (RIN: 1625-AA87) received September partment of the Treasury, and for other pur- H.R. 3565. A bill to require rate integration 13, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to poses (Rept. 110–333). Referred to the House for wireless interstate toll charges; to the the Committee on Transportation and Infra- Calendar. Committee on Energy and Commerce. structure. f By Mr. KLINE of Minnesota (for him- 3327. A letter from the Chief, Regulations self, Mr. MCKEON, Mr. KELLER, and and Administrative Law, Department of PUBLIC BILLS AND RESOLUTIONS Mr. SESTAK): Homeland Security, transmitting the De- Under clause 2 of rule XII, public H.R. 3566. A bill to permanently extend the partment’s final rule — Drawbridge Oper- bills and resolutions were introduced waiver authority of the Secretary under the Higher Education Relief Opportunities for ation Regulations; China Basin, San Fran- and severally referred, as follows: cisco, CA [Docket No. CGD11-07-012] received Students Act of 2003; to the Committee on September 13, 2007, pursuant to 5 U.S.C. By Mr. BOOZMAN (for himself, Mr. Education and Labor. 801(a)(1)(A); to the Committee on Transpor- HALL of New York, Mrs. WILSON of By Mr. ALTMIRE (for himself, Mr. tation and Infrastructure. New Mexico, Ms. BERKLEY, Mr. MIL- GRAVES, and Ms. VELA´ ZQUEZ): 3328. A letter from the Chief, Regulations LER of Florida, Mr. GORDON, Mr. FIL- H.R. 3567. A bill to amend the Small Busi- and Administrative Law, Department of NER, Mr. MCGOVERN, Mr. HAYES, Mr. ness Investment Act of 1958 to expand oppor- Homeland Security, transmitting the De- BILIRAKIS, Ms. NORTON, Mr. BRADY of tunities for investments in small businesses, partment’s final rule — Drawbridge Oper- Pennsylvania, and Mr. BERRY): and for other purposes; to the Committee on ation Regulation; Ouachita River, Louisiana H.R. 3558. A bill to provide for the estab- Small Business. [CGD08-07-019] (RIN: 1625-AA09) received Sep- lishment of a Center of Excellence in Preven- By Mr. ARCURI: tember 13, 2007, pursuant to 5 U.S.C. tion, Diagnosis, Mitigation, Treatment, and H.R. 3568. A bill to amend the Violent 801(a)(1)(A); to the Committee on Transpor- Rehabilitation of Military Eye Injuries, and Crime Control and Law Enforcement Act of tation and Infrastructure. for other purposes; to the Committee on 1994 to provide grants to prosecutors and law 3329. A letter from the Chief, Regulations Armed Services, and in addition to the Com- enforcement to combat violent crime; to the and Administrative Law, Department of mittee on Veterans’ Affairs, for a period to Committee on the Judiciary. Homeland Security, transmitting the De- be subsequently determined by the Speaker, By Mr. BACA: partment’s final rule — Drawbridge Oper- in each case for consideration of such provi- H.R. 3569. A bill to designate the facility of ation Regulations; Beaufort (Gallants) Chan- sions as fall within the jurisdiction of the the United States Postal Service located at nel, Beaufort, NC [CGD05-07-077] (RIN: 1625- committee concerned. 16731 Santa Ana Avenue in Fontana, Cali- AA09) received September 13, 2007, pursuant By Mr. PICKERING (for himself, Mr. fornia, as the ‘‘Beatrice E. Watson Post Of- to 5 U.S.C. 801(a)(1)(A); to the Committee on PITTS, Mr. MATHESON, and Mr. MCIN- fice Building’’; to the Committee on Over- Transportation and Infrastructure. TYRE): sight and Government Reform.

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By Mr. BOREN: Means, for a period to be subsequently deter- H.R. 229: Mr. BARRETT of South Carolina. H.R. 3570. A bill to take certain property in mined by the Speaker, in each case for con- H.R. 303: Mrs. BLACKBURN, Mrs. MCMORRIS McIntosh County, Oklahoma, into trust for sideration of such provisions as fall within RODGERS, Mr. RUPPERSBERGER, and Mr. MICA. the benefit of the Muscogee (Creek) Nation, the jurisdiction of the committee concerned. H.R. 371: Ms. LEE. and for other purposes; to the Committee on By Mr. MILLER of Florida: H.R. 405: Mr. WALDEN of Oregon and Ms. Natural Resources. H.J. Res. 50. A joint resolution expressing DEGETTE. By Mr. BRADY of Pennsylvania: the sense of Congress regarding the contribu- H.R. 436: Mr. GARY G. MILLER of California. H.R. 3571. A bill to amend the Congres- tion of the USO to the morale and welfare of H.R. 507: Ms. BERKLEY. sional Accountability Act of 1995 to permit the members of the Armed Forces and their H.R. 549: Mr. WU and Mr. SHUSTER. individuals who have served as employees of families; to the Committee on Armed Serv- H.R. 621: Mr. BISHOP of Utah and Mr. BAR- the Office of Compliance to serve as Execu- ices. RETT of South Carolina. tive Director, Deputy Executive Director, or By Mr. THOMPSON of California (for H.R. 677: Ms. HERSETH SANDLIN. General Counsel of the Office, and to permit himself, Mr. RADANOVICH, Mrs. H.R. 688: Mr. BAIRD. H.R. 699: Mr. GORDON and Mr. BROWN of individuals appointed to such positions to TAUSCHER, Mr. BERMAN, Ms. HARMAN, South Carolina. serve one additional term; to the Committee Mr. HERGER, Mr. LANTOS, Ms. ZOE H.R. 724: Mr. HUNTER. on House Administration. LOFGREN of California, Mr. GEORGE H.R. 726: Mr. SMITH of Washington. By Mr. CLEAVER (for himself, Mr. MILLER of California, Mr. LEWIS of H.R. 743: Mr. CARTER, Mr. YOUNG of Flor- AKIN, Mr. GRAVES, Mr. SKELTON, Mr. California, Ms. MATSUI, Mr. CARDOZA, ida, Mr. FORBES, Mr. CONAWAY, Mr. DOYLE, HULSHOF, Mr. CARNAHAN, Mr. BLUNT, Mr. MCCARTHY of California, Mr. Mr. BONNER, Mr. ADERHOLT, Mr. GARRETT of Mr. CLAY, and Mrs. EMERSON): MCNERNEY, Mr. CALVERT, Ms. WOOL- New Jersey, Mrs. CHRISTENSEN, and Mr. H.R. 3572. A bill to designate the facility of SEY, Mr. GALLEGLY, Ms. WATSON, GRAVES. the United States Postal Service located at Mrs. CAPPS, Ms. ROYBAL-ALLARD, H.R. 854: Ms. SOLIS and Mr. TOWNS. 4320 Blue Parkway in Kansas City, Missouri, Mrs. EMERSON, Mr. SHERMAN, Mr. H.R. 882: Mr. PLATTS and Mrs. MYRICK. as the ‘‘Wallace S. Hartsfield Post Office STARK, Ms. ESHOO, Ms. LORETTA H.R. 901: Mr. YARMUTH. Building‘‘; to the Committee on Oversight SANCHEZ of California, Mr. ROHR- and Government Reform. H.R. 943: Mr. HILL. ABACHER, Mr. FARR, Mrs. BONO, Mr. H.R. 989: Mr. KUHL of New York. By Mr. FRELINGHUYSEN: BILBRAY, Mr. HUNTER, Mr. NUNES, H.R. 3573. A bill to authorize the addition H.R. 997: Mr. AKIN, Mr. PICKERING, Mr. and Mrs. DAVIS of California): BONNER, Mr. KUHL of New York, and Mr. of 100 acres to Morristown National Histor- H. Con. Res. 213. Concurrent resolution ical Park; to the Committee on Natural Re- BROUN of Georgia. celebrating the outstanding contributions of H.R. 1029: Mr. GRAVES and Mr. ROGERS of sources. California’s wine industry to the State, the By Ms. HOOLEY (for herself, Mr. Kentucky. Nation and winemaking as a whole and sup- H.R. 1064: Mr. CONAWAY. DEFAZIO, Mr. BLUMENAUER, and Mr. porting the goals and ideals of ‘‘California H.R. 1077: Mr. ADERHOLT. WU): Wine Month‘‘; to the Committee on Over- H.R. 3574. A bill to continue the work to H.R. 1084: Mr. FORBES. sight and Government Reform. H.R. 1102: Mr. BRALEY of Iowa. enhance access to the Willamette River that By Mr. KING of New York (for himself, H.R. 1127: Mr. PAUL. has been initiated by the Willamette River Mr. JACKSON of Illinois, Mr. PAUL, H.R. 1223: Mr. CARNEY. Basin communities, State, regional, local, and Mr. RANGEL): H.R. 1225: Ms. WOOLSEY and Ms. BERKLEY. and Indian tribal governments and non-gov- H. Con. Res. 214. Concurrent resolution ex- H.R. 1232: Mr. ROGERS of Michigan, Mr. ernment partnerships, and for other pur- pressing the sense of Congress that the BOSWELL, and Mr. SPACE. poses; to the Committee on Natural Re- President should grant a posthumous pardon H.R. 1233: Mr. GORDON. sources, and in addition to the Committee on to John Arthur ‘‘Jack’’ Johnson for the 1913 H.R. 1237: Mr. MANZULLO, Mr. BRALEY of Transportation and Infrastructure, for a pe- racially motivated conviction of Johnson, Iowa, Mr. ENGEL, Mr. BERRY, and Mr. riod to be subsequently determined by the which diminished his athletic, cultural, and BOOZMAN. Speaker, in each case for consideration of historic significance, and tarnished his rep- H.R. 1287: Mr. BERMAN. such provisions as fall within the jurisdic- utation; to the Committee on the Judiciary. H.R. 1302: Mr. FARR. tion of the committee concerned. By Mrs. MALONEY of New York (for H.R. 1333: Mr. PERLMUTTER, Mr. REYNOLDS, By Mr. MATHESON: herself and Mr. WALSH of New York): Mrs. MILLER of Michigan, and Mr. BERMAN. H.R. 3575. A bill to provide for the sale of H. Res. 658. A resolution supporting the H.R. 1376: Ms. SOLIS. approximately 25 acres of public land to the goals and ideals of Federal Credit Union H.R. 1400: Mr. FRANK of Massachusetts. Turnabout Ranch, Escalante, Utah, at fair Month and recognizing the importance of H.R. 1439: Mr. SHUSTER. market value; to the Committee on Natural Federal credit unions to the economy, and H.R. 1512: Ms. ESHOO. Resources. their critical mission in serving those of H.R. 1532: Mr. GONZALEZ. By Mr. PASTOR: H.R. 1553: Mr. ELLISON, Ms. SCHAKOWSKY, modest means; to the Committee on Finan- H.R. 3576. A bill to amend the Internal Rev- and Mr. LEWIS of Georgia. cial Services. enue Code of 1986 to modify the work oppor- H.R. 1644: Mr. VAN HOLLEN, Mr. HONDA, Mr. By Mr. HASTINGS of Florida (for him- tunity credit to include the hiring of certain ARCURI, Ms. CARSON, Mr. PETERSON of Min- self, Mr. MEEK of Florida, Ms. KIL- domestic abuse victims by small employers, nesota, Mr. GUTIERREZ, Mr. CARNAHAN, Ms. PATRICK, Ms. CORRINE BROWN of Flor- and for other purposes; to the Committee on EDDIE BERNICE JOHNSON of Texas, Mr. WYNN, ida, Mr. MARIO DIAZ-BALART of Flor- Ways and Means. Mr. HALL of New York, Ms. VELA´ ZQUEZ, Ms. ´ ida, Ms. NORTON, Ms. EDDIE BERNICE By Ms. LINDA T. SANCHEZ of Cali- SHEA-PORTER, Mr. BECERRA, Mr. HINOJOSA, JOHNSON of Texas, Mr. CUMMINGS, Mr. fornia (for herself, Mr. POMEROY, Mr. Mr. MCNULTY, and Mr. WU. COHEN, Ms. MATSUI, and Ms. HOLT, Ms. DELAURO, Mrs. MCCARTHY H.R. 1671: Mr. ELLISON. WASSERMAN SCHULTZ): of New York, Mr. ELLSWORTH, Mr. H.R. 1767: Mr. MORAN of Kansas and Mr. H. Res. 661. A resolution honoring the ac- POE, Ms. BORDALLO, Mr. CHABOT, Mr. HAYES. complishments of Barrington Antonio Ir- KENNEDY, Mr. MCINTYRE, and Mr. H.R. 1843: Mr. BLUMENAUER. ving, the youngest pilot and first person of KIND): H.R. 1876: Mr. ELLISON, Mr. DAVIS of Ken- African descent ever to fly solo around the H.R. 3577. A bill to direct the Attorney tucky, Ms. BERKLEY, Ms. MOORE of Wis- world; to the Committee on Transportation General to provide grants for Internet safety consin, Mr. ROYCE, Mr. HONDA, Mr. KENNEDY, and Infrastructure. education programs; to the Committee on Mrs. DAVIS of California, Mr. HINCHEY, and By Ms. HOOLEY: the Judiciary, and in addition to the Com- Mrs. JONES of Ohio. H. Res. 662. A resolution supporting the mittee on Energy and Commerce, for a pe- H.R. 1884: Mr. SPACE, Mr. KLEIN of Florida, goals and ideals of National Assisted Living riod to be subsequently determined by the Mr. WU, and Mr. KAGEN. Week; to the Committee on Energy and Com- Speaker, in each case for consideration of H.R. 1926: Ms. MCCOLLUM of Minnesota and merce. such provisions as fall within the jurisdic- Mr. GONZALEZ. tion of the committee concerned. f H.R. 1940: Mr. WICKER. By Mr. SHERMAN (for himself, Mr. H.R. 1955: Mr. THOMPSON of Mississippi, Mr. CHABOT, Mr. DONNELLY, and Mr. ADDITIONAL SPONSORS DICKS, Mr. PERLMUTTER, Mr. LANGEVIN, Mr. COHEN): Under clause 7 of rule XII, sponsors CARNEY, Mrs. CHRISTENSEN, Ms. CLARKE, Mrs. H.R. 3578. A bill to safeguard the economic LOWEY, Mr. AL GREEN of Texas, Mr. DANIEL were added to public bills and resolu- health of the United States and the health E. LUNGREN of California, and Ms. ZOE and safety of United States citizens by im- tions as follows: LOFGREN of California. proving the management, coordination, and H.R. 17: Mr. PAYNE and Mr. SHUSTER. H.R. 1975: Mr. PRICE of North Carolina and effectiveness of domestic and international H.R. 89: Mr. SPACE. Mr. LOBIONDO. intellectual property rights enforcement, H.R. 98: Mr. ALTMIRE. H.R. 1983: Mr. SIRES, Mr. SPACE, Mr. WU, and for other purposes; to the Committee on H.R. 154: Mr. JONES of North Carolina. Mr. KLEIN of Florida, and Mr. KAGEN. the Judiciary, and in addition to the Com- H.R. 160: Mr. SOUDER. H.R. 1992: Ms. WASSERMAN SCHULTZ and Mr. mittees on Foreign Affairs, and Ways and H.R. 211: Mr. ARCURI. SESTAK.

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H.R. 2016: Mr. BRALEY of Iowa and Mr. PERLMUTTER, Mrs. DAVIS of California, Mr. H. Con. Res. 183: Mr. NUNES. LOBIONDO. CUMMINGS, Mr. GRIJALVA, Ms. WOOLSEY, Mr. H. Con. Res. 193: Mr. KANJORSKI and Mr. H.R. 2017: Ms. WOOLSEY and Mr. CLAY. KIND, Mr. VAN HOLLEN, and Mr. SIRES. KILDEE. H.R. 2032: Mr. MURTHA. H.R. 3041: Mr. ABERCROMBIE. H. Con. Res. 200: Ms. ZOE LOFGREN of Cali- H.R. 2038: Mr. PLATTS. H.R. 3058: Mr. ROSS and Mr. SIRES. fornia and Ms. ROS-LEHTINEN. H.R. 2039: Mr. STUPAK. H.R. 3065: Mr. MICHAUD, Mr. ABERCROMBIE, H. Con. Res. 204: Mr. SMITH of Texas. H.R. 2045: Ms. BORDALLO, Ms. SCHAKOWSKY, and Mr. HINCHEY. H. Con. Res. 207: Ms. BORDALLO, Mr. HARE, Mr. WEINER, and Mr. BOUCHER. H.R. 3088: Mr. JONES of North Carolina and Mr. MCCARTHY of California, and Mr. H.R. 2075: Mr. BOREN. Mr. MORAN of Kansas. SESTAK. H.R. 2084: Mr. FORBES. H.R. 3090: Mr. DAVIS of Alabama. H. Res. 79: Mr. HILL, Mr. MCHENRY, and Mr. H.R. 2088: Mr. WAMP. H.R. 3099: Mr. DELAHUNT. KILDEE. H.R. 2103: Mr. SPACE. H.R. 3111: Mr. HINCHEY, Mr. DELAHUNT, and H. Res. 113: Mr. LAMPSON. ´ H.R. 2136: Ms. LINDA T. SANCHEZ of Cali- Mr. STARK. H. Res. 128: Mr. PASCRELL. fornia. H.R. 3115: Ms. LINDA T. SA´ NCHEZ of Cali- H. Res. 145: Mr. MATHESON, Mr. MELANCON, H.R. 2211: Ms. WOOLSEY. fornia and Mr. GRIJALVA. and Mr. LAMPSON. H.R. 2212: Mr. FILNER. H.R. 3145: Mr. WAMP. H. Res. 212: Mr. KILDEE, Mr. MCGOVERN, H.R. 2232: Ms. MATSUI. H.R. 3168: Mr. ELLISON and Ms. ZOE Ms. LINDA T. SA´ NCHEZ of California, Ms. SUT- H.R. 2236: Mr. BAIRD. LOFGREN of California. TON, and Mr. PETRI. AMP H.R. 2256: Mr. W . H.R. 3197: Mr. WEINER. H. Res. 237: Ms. SUTTON. H.R. 2266: Ms. DELAURO. H.R. 3202: Ms. WATSON. H. Res. 282: Mr. HALL of Texas. H.R. 2349: Mr. CONAWAY. ´ H.R. 3204: Ms. LINDA T. SANCHEZ of Cali- H. Res. 356: Mr. HONDA. H.R. 2360: Mr. COBLE. fornia. H. Res. 573: Mr. CHABOT, Mr. HONDA, Mr. H.R. 2370: Mr. UPTON and Ms. WASSERMAN H.R. 3253: Mr. ABERCROMBIE and Ms. CAR- DELAHUNT, Mrs. CAPPS, Mr. OLVER, Mr. SCHULTZ. SON. BRADY of Pennsylvania, and Ms. WOOLSEY. H.R. 2380: Mr. EDWARDS. H.R. 3265: Mr. HULSHOF and Mr. CLAY. H. Res. 587: Mr. GORDON. H.R. 2503: Mr. ENGEL. H.R. 3282: Ms. KILPATRICK, Mr. MCCOTTER, H. Res. 616: Mr. MCCAUL of Texas. H.R. 2511: Mrs. CUBIN. Mr. CUMMINGS, and Mr. JINDAL. H. Res. 630: Mr. JEFFERSON, Mr. MCINTYRE, H.R. 2550: Mr. LATOURETTE, Mr. MACK, Mr. H.R. 3289: Mrs. MALONEY of New York and Mr. PETERSON of Pennsylvania, Mr. MCGOV- MCHUGH, and Mr. FEENEY. Mr. SESTAK. ERN, Mr. MURTHA, Mr. DOYLE, Mr. CARNEY, H.R. 2561: Mr. BOOZMAN and Mr. GERLACH. H.R. 3329: Mr. GRIJALVA and Ms. LINDA T. Mr. ABERCROMBIE, Ms. Bean, Ms. CORRINE H.R. 2562: Mr. ADERHOLT. SA´ NCHEZ of California. BROWN of Florida, Mr. BOYD of Florida, Mr. H.R. 2609: Mrs. GILLIBRAND. H.R. 3404: Ms. DEGETTE. DICKS, Mr. GENE GREEN of Texas, and Mr. H.R. 2619: Mr. HARE. H.R. 3416: Mr. STARK. FILNER. H.R. 2668: Mr. ALLEN. H.R. 3432: Mr. MEEK of Florida, Mr. SCOTT H. Res. 634: Mr. RODRIGUEZ and Mrs. H.R. 2677: Mr. JINDAL. of Virginia, Mr. CROWLEY, Ms. LORETTA BACHMANN. H.R. 2694: Mr. VAN HOLLEN, Mrs. JO ANN SANCHEZ of California, Ms. MCCOLLUM of H. Res. 635: Ms. BERKLEY, Mr. CLEAVER, DAVIS of Virginia, and Mr. GERLACH. Minnesota, Mr. ENGEL, Mr. KLEIN of Florida, and Mr. TOWNS. H.R. 2702: Ms. DELAURO, Mr. HAYES, Mr. Mr. WEXLER, Mr. HINOJOSA, and Ms. WOOL- H. Res. 640: Mrs. TAUSCHER, Mr. LAHOOD, BISHOP of Georgia, and Mr. KENNEDY. SEY. Ms. BEAN, Mr. HASTERT, Mr. BRADY of Penn- H.R. 2706: Mr. GOODE. H.R. 3446: Mrs. MILLER of Michigan. sylvania, and Mr. LARSEN of Washington. H.R. 2734: Mr. PUTNAM. H.R. 3448: Ms. LORETTA SANCHEZ of Cali- H. Res. 641: Mr. BLUNT. H.R. 2758: Mr. FRANK of Massachusetts. fornia and Ms. SOLIS. H. Res. 651: Mr. MEEKS of New York, Mr. H.R. 2768: Mr. SPACE. H.R. 3463: Mr. UDALL of New Mexico. MACK, Mr. FORTUN˜ O, Ms. LINDA T. SA´ NCHEZ of H.R. 2769: Mr. SPACE. H.R. 3479: Mr. HUNTER. California, and Mr. SIRES. H.R. 2770: Mr. ROSS. H.R. 3480: Ms. BORDALLO and Mr. ROHR- H.R. 2779: Mr. YARMUTH, Mr. WEXLER, Mr. ABACHER. LARSEN of Washington, Mr. KLEIN of Florida, H.R. 3496: Mr. KINGSTON. f Mr. MCNERNEY, Mr. TANNER, Mr. REYES, Mr. H.R. 3501: Mr. EMANUEL. DONNELLY, and Mr. COURTNEY. H.R. 3513: Mr. WU. CONGRESSIONAL EARMARKS, LIM- H.R. 2820: Mr. ROGERS of Alabama. H.R. 3529: Ms. GIFFORDS and Mr. H.R. 2832: Mrs. GILLIBRAND. MCNERNEY. ITED TAX BENEFITS, OR LIM- H.R. 2834: Mrs. NAPOLITANO. H.R. 3531: Mr. GALLEGLY, Mr. BOOZMAN, and ITED TARIFF BENEFITS H.R. 2927: Mrs. MUSGRAVE, Mr. LAMBORN, Mr. GOODE. Under clause 9 of rule XXI, lists or and Mr. PERLMUTTER. H.R. 3533: Mr. GENE GREEN of Texas, Mr. statements on congressional earmarks, H.R. 2933: Mr. FORTENBERRY. COHEN, Mr. HINCHEY, Mr. NADLER, and Mrs. limited tax benefits, or limited tariff H.R. 2943: Mrs. CAPITO, Mr. PETERSON of LOWEY. Minnesota, and Mr. MCINTYRE. H.J. Res. 12: Mr. KING of New York. benefits were submitted as follows: H.R. 2976: Ms. DELAURO, Ms. ZOE LOFGREN H. Con. Res. 28: Mrs. WILSON of New Mex- The amendment to be offered by Rep- of California, and Mr. ROTHMAN. ico. resentative Frank of Massachusetts or a des- H.R. 2989: Mr. SHAYS and Ms. MATSUI. H. Con. Res. 37: Mrs. CAPITO. ignee to H.R. 2761, the Terrorism Risk Insur- H.R. 2990: Mr. VISCLOSKY, Mr. SULLIVAN, H. Con. Res. 75: Mr. MCCOTTER. ance Revision and Extension Act of 2007, Mr. SOUDER, Mr. THOMPSON of California, Mr. H. Con. Res. 83: Mr. CARTER and Mr. does not contain any congressional ear- CROWLEY, and Mr. LARSON of Connecticut. FRANKS of Arizona. marks, limited tax benefits, or limited tariff H.R. 3005: Ms. ZOE LOFGREN of California, H. Con. Res. 122: Mr. WYNN, Mr. CASTLE, benefits as defined in clause 9(d), 9(e), or 9(f) Mrs. MALONEY of New York, Mr. PAYNE, Mr. Ms. HOOLEY, Mr. DOYLE, Mr. FALEOMAVAEGA, of Rule XXI. FALEOMAVAEGA, and Mr. MORAN of Virginia. and Mrs. LOWEY. The amendments to be offered by Mr. Ober- H.R. 3025: Ms. LINDA T. SA´ NCHEZ of Cali- H. Con. Res. 134: Mr. WAXMAN, Mr. ELLISON, star or his designee to H.R. 2881, the ‘‘FAA fornia. Mr. STARK, Ms. BORDALLO, and Ms. LINDA T. Reauthorization Act of 2007’’, does not con- H.R. 3036: Mr. SAXTON, Mr. PAYNE, Mr. SA´ NCHEZ of California. tain any congressional earmarks, limited tax LOBIONDO, Ms. CLARKE, Mr. HARE, Mr. WU, H. Con. Res. 176: Mr. RADANOVICH and Mr. benefits, or limited tariff benefits as defined Ms. SHEA-PORTER, Mr. MCGOVERN, Mr. GOODE. in clause 9(d), 9(e), or 9(f) of Rule XXI.

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Vol. 153 WASHINGTON, TUESDAY, SEPTEMBER 18, 2007 No. 138 Senate The Senate met at 10 a.m. and was U.S. SENATE, the most religious, the most important called to order by the Honorable BEN- PRESIDENT PRO TEMPORE, holiday of the year for those of the JAMIN L. CARDIN, a Senator from the Washington, DC, September 18, 2007. Jewish faith, begins this Friday at sun- State of Maryland. To the Senate: down. Yom Kippur is the holiest of Under the provisions of rule I, paragraph 3, of the Standing Rules of the Senate, I hereby days for Jews all around the world, and PRAYER appoint the Honorable BENJAMIN L. CARDIN, there are a number of the Jewish faith The Chaplain, Dr. Barry C. Black, of- a Senator from the State of Maryland, to who need to be on the west coast by fered the following prayer: perform the duties of the Chair. sundown on Friday. Therefore, we will Let us pray. ROBERT C. BYRD, probably not have any votes after Eternal Spirit, thank You for the President pro tempore. about 10:30 or quarter to 11 on Friday. promise of this new day, a gift from Mr. CARDIN thereupon assumed the We have a lot of work to do, but this is Your bounty. We praise You for oppor- chair as Acting President pro tempore. something that is important and nec- tunities to solve problems that keep so f essary that we do. many people in life’s margins. Please RECOGNITION OF THE MAJORITY f make Your presence felt today on Cap- LEADER itol Hill. LEAVE OF ABSENCE The ACTING PRESIDENT pro tem- May the whisper of Your wisdom fill Mr. REID. Mr. President, Senator pore. The majority leader is recog- our Senators with peace, power, and BYRD is necessarily absent from the nized. praise. Infuse them with confidence in Senate today until approximately 6 Your providence, and in the ultimate f p.m. because he is accepting an hon- triumph of Your purposes. Empower SCHEDULE orary degree for his late wife Erma at them to see their challenges from Mr. REID. Mr. President, this morn- Wheeling Jesuit University in Wheel- Heaven’s perspective, and to rejoice ing, WV. that no weapon formed against them ing, following any time used by Sen- will prosper. Give each lawmaker a ator MCCONNELL and me, the Senate f heightened sense of the special role will be in a period of morning business for an hour, with Republicans control- DC VOTING RIGHTS AND COLLEGE You have for him or her to play in ACCESS Your unfolding drama of human his- ling the first half and the majority tory. controlling the second half. Mr. REID. Mr. President, let me also We pray in Your righteous Name. After this period of morning busi- say this about the remarks I am about Amen. ness, the Senate will proceed to H.R. to give. This has no negative reflection 1124, the DC College Access bill. The on my distinguished colleague, the f bill will be considered under a very Senator from Kentucky. He and I dis- short time agreement. Members should agree on a number of issues. We have PLEDGE OF ALLEGIANCE expect a rollcall vote around noon or had longstanding debates here on the The Honorable BENJAMIN L. CARDIN maybe even before that. Upon disposi- Senate floor about how he feels about led the Pledge of Allegiance, as follows: tion of the DC College Access bill, the campaign finance reform. He ap- I pledge allegiance to the Flag of the Senate will recess for the regular party proaches this on an intellectual basis. I United States of America, and to the Repub- meetings. think I am right; he thinks he is right. lic for which it stands, one nation under God, This afternoon, when the Senate re- But it doesn’t take away from my re- indivisible, with liberty and justice for all. sumes at 2:15, there will be 15 minutes spect for his having the right to have of debate prior to a vote on the motion an opinion here in the Senate about f to invoke cloture on the underlying the issue of campaign finance. The bill, the DC Voting Rights bill. Of same, I think, on the issue of flag burn- APPOINTMENT OF ACTING course, if cloture is invoked, the Sen- ing, for example. He will disagree with PRESIDENT PRO TEMPORE ate will remain on the motion. If clo- me on the DC Voting Rights bill. That The PRESIDING OFFICER. The ture fails, the Senate will resume con- is his privilege. He does it on an intel- clerk will please read a communication sideration of the Department of De- lectual basis, a conclusion that he has to the Senate from the President pro fense authorization measure. reached. So my remarks have nothing tempore (Mr. BYRD). Mr. President, I would also say with to do, in any way, with an intention to The assistant legislative clerk read respect to the schedule we have this denigrate my friend’s feelings about the following letter: week, we have a lot of work to do, but this bill.

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

S11615

VerDate Mar 15 2010 22:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18SE7.REC S18SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11616 CONGRESSIONAL RECORD — SENATE September 18, 2007 Yesterday we celebrated the 220th an- RECOGNITION OF THE District of Columbia not having an niversary of the signing of our Con- REPUBLICAN LEADER elected delegate to represent them, al- stitution, and I talked about it yester- The ACTING PRESIDENT pro tem- though I know very well the lady who day. In its preamble, our Founders laid pore. The Republican leader is recog- is representing them in the House, EL- out the values to which our Nation has nized. EANOR HOLMES NORTON, who is an out- aspired: justice, domestic tranquility, standing Representative for the Dis- common defense, general welfare, the f trict of Columbia, although she does blessings of liberty. The Government TODAY IN HISTORY not have the right to vote on the floor. which has endured, our Government, I have worked with her on many issues Mr. MCCONNELL. Mr. President, his- and served us so well, recognized these torians tell us that George Washing- to rebuild the family structure in goals could only be secured by equal ton’s decision to preside over the Con- Washington, DC with things such as representation. That means the right stitutional Convention lent instant Marriage Development Accounts. I to vote, the right to elect individuals credibility and respect to the document worked with her on revitalizing the who will protect and promote our per- it produced, and yesterday we recalled District of Columbia with an economic sonal rights as well as the national in- the signing of that document upon revitalization bill that passed when I terest. which this Nation’s laws and institu- first came into the Senate in 1996. I The universal right to vote was es- tions are firmly built. worked with her and others on the tablished a long time ago with the 15th Six years later, George Washington schools in Washington, DC, and the de- amendment, which barred discrimina- would lend his reputation to another plorable state of the schools in Wash- tion based on race, with the 19th enduring work, a white beacon of stone ington, DC. amendment, which guaranteed the and mortar that inspires us and others I have worked on all these issues and right for women to vote, and with the around the world more than two cen- I am familiar with this issue and the Voting Rights Act, which ensured en- turies later. On this day in 1793, George Voting Rights Act of 2007. Yet I cannot forcement of these laws for people no Washington laid the cornerstone to the support this bill. I can and would sup- matter their color. United States Capitol. The building port a constitutional amendment al- In 1873, Susan B. Anthony faced trial would take nearly a century to com- lowing the District of Columbia the for voting illegally, a woman who plete, but the magnificence of the fin- right to vote in the House of Rep- voted. In her defense she said: ished product would stand as a testa- resentatives, but I cannot support this In the first paragraph of the Declaration of ment to the perseverance of genera- Voting Rights Act. I want to speak Independence is an assertion of the natural here on the floor this morning and out- right of all to the ballot; for how can ‘‘the tions of Americans, and to the enduring principles it was meant to embody line why I cannot vote for it. consent of the governed’’ be given, if the Congress has long recognized we can and project. So we pause today to re- right to vote be denied? only grant District residents the abil- flect on the many contributions of our Today the right to equal representa- ity to participate in Federal elections first President, not only to this Nation tion is still denied to residents of the through constitutional amendment. but also to the city that bears his District of Columbia. These nearly Congress has recognized that. Prior to name, not the least of which is this 600,000 Americans pay Federal taxes, 1961, for example, District residents gleaming symbol at its heart. sit on juries, serve in our Armed were not permitted to vote in Presi- I yield the floor. Forces. Yet they are given only a dele- dential elections. Article II, section 1 gate in the Congress, not a real voting f of the Constitution expressly provides Member. This is nothing more than RESERVATION OF LEADER TIME that the electoral college should be shadow representation. This injustice comprised of electors from each State, The ACTING PRESIDENT pro tem- has stood for far too long. We haven’t in a number equal to the State’s com- pore. Under the previous order, the voted on this matter for some 50 years. bined congressional delegation. In the leadership time is reserved. It is time we did that again. Shadow face of this express constitutional lan- representation is shadow citizenship. f guage, Congress recognized that a This afternoon we will move to vote MORNING BUSINESS change in the law would require a on a bill that honors the residents of change in the Constitution itself, look- the District who responsibly meet The ACTING PRESIDENT pro tem- ing at the plain meaning of the statute every single expectation of American pore. Under the previous order, there and the plain meaning of the Constitu- citizenship but are denied this basic will now be a period for the transaction tion. That is why, when we granted DC civil right in return. I commend Sen- of morning business for 60 minutes, residents the right to participate in ator LIEBERMAN, who has taken the with Senators permitted to speak Presidential elections, we went about leadership on this issue for no reason therein for up to 10 minutes each, with it the right way, by passing what would or agenda other than he thinks it is the Republicans controlling the first 30 become the 23rd amendment to the right thing to do. minutes and the majority controlling Constitution, allowing DC residents I urge all my colleagues to vote for the final 30 minutes. the right to participate in a Presi- cloture so we can guarantee the full The Senator from Kansas is recog- dential election. rights of citizenship for District resi- nized. We saw the plain meaning of the Con- dents. f stitution and we did the right thing; we I also urge my colleagues to support amended the Constitution. Just as arti- reauthorization of the DC College Ac- DISTRICT OF COLUMBIA HOUSE VOTING RIGHTS ACT cle II of the Constitution, which deals cess Act, which we will vote on this with the Presidency, limited the right morning. This provides to District stu- Mr. BROWNBACK. Mr. President, I to appoint Presidential electors to the dents who would otherwise be unfairly rise to speak on the DC Voting Rights States, article I, which deals with the disadvantaged by the lack of in-State Act today. It is a tough issue. It is one Congress, clearly and repeatedly limits universities. It provides scholarships to with which I am familiar. I have representation in the House and the make up the difference between in- chaired the DC Subcommittee both on Senate to the States. That is what it State and out-of-State public univer- the authorizing and the appropriating says. Article I says that the House: sities. It doesn’t allow any student to side. I have worked in the District of shall be composed of members chosen every get in who is not qualified. It does Columbia on a number of different second year by the People of the several allow a differential in the method of issues. I reside here when I am not in States, and the Electors in each State shall paying. The DC College Access Act lev- my home State of Kansas. My home is have the Qualifications requisite for Electors els the playing field and unlocks the in Kansas, but I have an apartment of the most numerous Branch of the State doors to education and all the oppor- that is here, so I am living in the Dis- Legislature. tunity it affords to thousands of Amer- trict. I have talked with many people It requires that each Representative: ican students right here in the District about the Voting Rights Act issue. I when elected, be an Inhabitant of that State of Columbia. am sympathetic with the people of the in which he [was] chosen.

VerDate Mar 15 2010 22:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18SE7.REC S18SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 18, 2007 CONGRESSIONAL RECORD — SENATE S11617 It mandated that: is simply no evidence that the Framers the States in the House and the Sen- each state . . . have at Least one Represent- intended that not only citizens of ate. It is about the fundamental struc- ative, states, but unspecified others as well, ture of our Government. We simply and provides that: would share in the congressional fran- cannot override the clear language of When vacancies happen in the Representa- chise.’’ the Constitution which limits congres- tion from any State, the Executive Author- The District residents who brought sional representation to the States ity thereof shall issue Writs of Election to suit in Adams v. Clinton appealed their simply by legislative fiat. fill such Vacancies. case all the way to the Supreme Court, While I sympathize with the sup- Rarely do we have an issue in the and the Supreme Court affirmed the porters of this bill, I also take seri- Senate that has so much plain lan- trial court’s ruling. That is the same ously my duty to the law, to upholding guage from the Constitution involved. court which would hear this case. the Constitution. I will support and do This one has a lot of plain language When Congress granted the DC and support a constitutional amendment from the Constitution. I believe in territorial delegates a broader role in allowing DC the right to gain the vote. strict construction of the Constitution. the House by allowing them to vote in I do not support this bill as I do not be- I think it would be hard for me to call committee, several House Members lieve it to be constitutional under the myself a strict constructionist and say sued to challenge the delegates’ ex- clear reading of the Constitution and that we can, as a Congress, bypass the panded power. In Michael v. Anderson, under recent interpretations by the clear words in the U.S. Constitution the Federal court for the District of court. and say we are just going to grant Columbia Circuit took care to note I yield the floor and suggest the ab- these rights to the District of Colum- that their expanded roles passed con- sence of a quorum. bia to have an elected representative stitutional muster only because they The ACTING PRESIDENT pro tem- voting in the House of Representatives, did not give the essential qualities of pore. The clerk will call the roll. even though I support that. That is House Representatives to the dele- The assistant legislative clerk pro- something we should do, but we should gates. ceeded to call the roll. do it the right way by amending the In light of the Constitution’s clear Mr. VITTER. Mr. President, I ask Constitution and not the wrong way by limitation on House membership to unanimous consent that the order for passing a law here that is clearly un- representatives from the States, I can- the quorum call be rescinded. constitutional—and I will go through not vote for cloture on the motion to The ACTING PRESIDENT pro tem- the court cases that have declared it proceed to this bill. I don’t believe we pore. Without objection, it is so or- unconstitutional—and then say: We in Congress should act to pass legisla- dered. will let the courts sort it out. I am a tion that we know violates the Con- The Senator from Louisiana is recog- Federal officer, sworn to uphold the stitution, essentially passing the buck nized for 6 minutes. Constitution. I need to do so in this to the Federal courts to strike down Mr. VITTER. Thank you very much, body and not just say I will hand it off what we never should have enacted in Mr. President. to the courts. the first place and to strike down what f Congressional Democrats in 1978 rec- they have already spoken on as re- WATER RESOURCES ognized this fact. That year, Congress cently as 2000. When we neglect our DEVELOPMENT ACT passed an amendment giving District duty to the Constitution, we fail to up- residents a voting seat in the House. hold our oath as Senators to defend Mr. VITTER. Mr. President, I rise When the House Judiciary Committee, this great document. today to again urge the entire Senate, under the leadership of Democratic My friends in the Senate who support and particularly the majority leader, chairman Peter Rodino, reported out this bill rely primarily on two argu- to get the WRDA bill, the Water Re- the amendment, the accompanying re- ments, neither of which outweighs the sources Development Act, onto the port properly recognized that ‘‘[i]f the clear mandate of article II. floor of the Senate absolutely as soon citizens of the District are to have vot- First, they claim that another provi- as possible for passage. ing representation in the Congress, a sion in the Constitution, the so-called Of course, I represent the State of constitutional amendment is essential; District clause, allows Congress to es- Louisiana. A little while ago, on Au- statutory action alone will not suf- sentially grant any sort of legislation gust 29, we commemorated—certainly fice.’’ Sadly, the 1978 amendment failed related to the District of Columbia, in- did not celebrate but properly com- to garner the support needed from the cluding legislation to give DC residents memorated—the 2-year anniversary of States to secure ratification. a voting House Member. This clause Hurricane Katrina. A little while from We all recognize that amending the permits Congress to pass laws to pro- now, on September 24, we will similarly Constitution is difficult, but it still re- vide for the general welfare of District commemorate the 2-year anniversary mains the right way to deal with some- residents. This bill, however, does not of Hurricane Rita, which devastated thing of this nature. I am certainly not propose to provide for the welfare of southwest Louisiana, South Acadiana, alone in concluding that this bill, al- DC residents; it seeks to alter the fun- as well as southeast Texas. though well intentioned, violates the damental composition of the House. Of course, the Nation and this Con- plain language of the Constitution. The Second, they correctly point out that gress, this Senate, has done an enor- very court that will hear challenges to there are certain instances in the Con- mous amount with regard to hurricane this bill under its expedited judicial restitution where references to ‘‘citizens recovery. But we all know that chal- view provision has previously ruled of the states’’ have been interpreted to lenge and that work continues. There that District residents do not have a include District residents. Many of is nothing more important with regard constitutional right to congressional these cases, though, involve individual to that work, with regard to ensuring representation. rights, and it is obvious that DC resi- good, strong hurricane flood protection In Adams vs. Clinton in 2000, a three- dents do not lose their rights as citi- in the future—unlike we have had in judge panel of the Federal District zens of the United States by choosing the past, clearly, in light of Hurricane Court for the District of Columbia con- to live in the District. For example, Katrina—than passing this water re- cluded that the Constitution plainly they retain the right to trial by jury. sources bill. limited congressional representation to They may bring civil suits in Federal As you know, it has gone through the States. The court explained that courts against citizens of other States. every stage of the process except pas- ‘‘the overlapping and interconnected This bill, however, is not a bill about sage on the floor of the Senate. We had use of the term ‘state’ in the relevant individual rights such as the right to a Senate bill. We had a House bill. We provisions of Article I, the historical free speech, freedom of religion, or due had a conference committee. We had evidence of contemporary under- process of law. This is a bill about the deliberations of the conference com- standings, and the opinions of our judi- makeup of the House of Representa- mittee. I was honored to serve on that cial forebears all reinforce how deeply tives itself. It is about the delicate bal- conference committee and helped final- congressional representation is tied to ance our constitutional Framers ize the final conference committee re- the structure of statehood. . . . There struck in affording representation to port.

VerDate Mar 15 2010 22:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18SE7.REC S18SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11618 CONGRESSIONAL RECORD — SENATE September 18, 2007 Even before the August recess, the Mr. DURBIN. Mr. President, I ask they are all about. They do it in the House of Representatives passed that unanimous consent that the order for name of security and classified infor- conference committee report. So now the quorum call be rescinded. mation at a time when we need more all eyes are on the floor of the Senate. The ACTING PRESIDENT pro tem- transparency and more openness and That is where we must finish the job. pore. Without objection, it is so or- more accountability. That is why I urge Senator REID and dered. These security contractors are often others to put the WRDA bill on the f paid three times what ordinary soldiers floor of the Senate as soon as possible. receive. The rules they operate under PRIVATE SECURITY CONTRACTORS Recently, on September 6, I sent Sen- are much different than those our mili- IN IRAQ ator REID a letter, following up on nu- tary faces every single day in Iraq. merous discussions we have had with Mr. DURBIN. Mr. President, there They are given mundane tasks in many other Members, urging him to put the was an event that occurred yesterday instances and paid enormous sums of bill on the floor as soon as possible, in Iraq which is significant. A decision money to perform them—to transport certainly during September. Again, I was made by the Iraqi Government to kitchen equipment, for example—in come to the floor of the Senate to urge order a private security firm known as Iraq at great expense to our Govern- the Senate leadership to do that in Blackwater USA to leave the country. ment. light of the crucial nature of this bill It involved the fatal shooting of eight Several years ago in Fallujah, there for continued recovery, hurricane flood Iraqi civilians following a car bomb at- was a terrible incident involving sev- protection in Louisiana. tack against the State Department eral Blackwater contractors. These I am particularly disappointed this convoy. I don’t know the cir- contractors were guarding kitchen week that is not happening while we go cumstances of that attack, nor do I equipment that was being transported to other business, including the DC know the circumstances that led to the across Fallujah when they were am- voting rights bill. Now, there are folks killing of these innocent civilians. bushed and killed. It is hard for anyone very interested and focused and com- Only a thorough and fair investigation to forget the images that followed. mitted to that DC voting rights bill. will bring us to any kind of closure on Their bodies were dragged out of their That is their right. I have no particular this particular matter. vehicles, and they were beaten and quarrel with that. I am going to vote What happened yesterday is going to burned and hanged on a local bridge. against it because I sincerely believe it dramatize to the American people There were newscasts and videotape is clearly contrary to the U.S. Con- something significant that has oc- around the world of this heinous and stitution. But that is a legitimate dis- curred in this war in Iraq. For the first barbaric act. As a result of it, our Gov- agreement, and we can debate about time, we are seeing massive numbers of ernment made an invasion of Fallujah that and have that legitimate disagree- private security contractors who are at and put at risk thousands of American ment. I do not quarrel with their focus work for the U.S. Government in Iraq. troops to bring some order to that and their passion. I do, quite frankly, They are in a security or quasi-mili- scene. quarrel with putting that on the floor tary capacity. I have been to Iraq three What is not well known is that the of the Senate before the WRDA bill, times. They are often dispatched to families of those Blackwater security when that WRDA bill and significant provide security for visiting members forces—contractors—who were killed in provisions in it are life and death to of the Cabinet and Members of Con- Fallujah believe their loved ones were south Louisiana, to our recovery in the gress. I will say at the outset that al- put in harm’s way by this company, by wake of Hurricanes Katrina and Rita. though I have serious misgivings about Blackwater. Blackwater had promised Those events, 2 years ago last month Blackwater as an organization, the in- to these contractors that if they would and this month, make passage of the dividual men who have dedicated their come to Iraq, they would be given ar- WRDA bill a true emergency priority lives to this service are risking their mored vehicles, adequate protection, for this body. The same cannot be said lives in the process, and their courage and adequate equipment. In fact, that of the DC voting rights bill or other and bravery to step up is something was not the case. Many of the same things that are being considered for that should be acknowledged and never contractors who were at risk were com- Senate floor action. Again, those other diminished. plaining about this. In fact, one who measures—the DC voting rights bill, in But what this matter will bring to died that day had made a formal re- particular—have their proponents, and light is the fact that this security con- quest of the leadership of Blackwater that is their right. I do not quarrel tractor, Blackwater, has enjoyed a to make good on their promise to pro- with their passion for that. But that is charmed existence with the Bush ad- tect their employees who worked for not the sort of real emergency as we ministration from the start. This is an- Blackwater. They lost their lives. face in Louisiana with regard to the other example of a firm which has been Their families then went to court protection we need. given millions of taxpayers’ dollars to trying to make sure Blackwater was We are in the midst of a hurricane do a job in Iraq without accountability, held accountable. As the mother of one season. We are at the peak of a hurri- without the kind of disclosure—basic of these contractors and former Navy cane season. Yet we continue to be disclosure—which American taxpayers SEAL said, it wasn’t about the money, years and years overdue for this WRDA deserve and demand. The cir- it was about accountability and to bill and all the very significant provi- cumstances of these contracts, the par- make sure Blackwater, a company that sions it contains for our people, for our ticulars involved in them, and the was very profitable through this ad- State, for our vanishing coastline. standards that are applied to them are ministration and this war, actually So, in closing, I again urge the main a shadowy world that has been kept protected its employees. Well, I need jority leader to put the WRDA bill on away from the public eye by the Bush not tell you that they faced an uphill the floor of the Senate as soon as pos- administration from the start. That is struggle with their lawsuit, which is sible, and absolutely this month, and not only unfortunate, it is unfair, and still pending. Blackwater refused dis- to establish the right priorities for this we need to do something about it as a covery, refused to disclose information, body and for this country, including government. made every effort they could to keep that very important effort which I be- This operation, Blackwater USA, material witnesses away from this trial lieve should be on the floor of the Sen- started by Mr. Erik Prince of Michi- and this proceeding, and unfortunately, ate, should gain action, should gain gan, has been politically affiliated with the facts have never come forward as focus before other measures, including this administration for a long time. they should for all of us to understand. the DC voting rights bill. Now that there have been questions Where the Blackwater security con- With that, I yield the floor. I suggest raised about the conduct of their oper- tractors were promised armored vehi- the absence of a quorum. ations, they have brought in some of cles, in fact, they were given SUVs The ACTING PRESIDENT pro tem- the biggest political heavy-hitters in with little protection. Where they were pore. The clerk will call the roll. Washington to keep their operations promised to have groups to protect The assistant legislative clerk pro- cloaked in secrecy and veiled so that them, they were sent into harm’s way ceeded to call the roll. the American people don’t know what with inadequate numbers of forces.

VerDate Mar 15 2010 22:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18SE7.REC S18SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 18, 2007 CONGRESSIONAL RECORD — SENATE S11619 Time and again, this contractor, prof- gests that we just keep 130,000 troops fatal heart attack on October 3, 2003. iting from our Government, profiting there indefinitely until he finds what He was 44 years old. from this administration, didn’t pro- he can define as success, but that isn’t CAPT Darrell Lewis grew up in a vide the basic protection it promised to good enough. We have to make sure we tough housing project, earned a schol- its own employees. are sensitive to these soldiers and the arship to a private high school and an- I believe it is time for this Congress toll that is being taken on them per- other scholarship to college. He grad- to open this door, to lift this lid and sonally. uated, joined the Army and rose quick- look inside, about the security contrac- I am sorry to report that the divorce ly through the ranks. Three months tors who are at work in Iraq today at rates among American enlisted per- ago, on June 23, he died in Vashir City, the expense of our Government. We sonnel now are twice what they are Afghanistan, when his unit was at- need to know how many are working. normally, and among officers three tacked by insurgents using RPGs, mor- We need to know what rules they oper- times. The suicide rate is the highest it tars and small arms fire. Captain Lewis ate by. We need to know what inci- has been since Vietnam and, unfortu- was 31 years old. dents they have been involved in. nately, those who are subject to mul- What did these five fallen warriors America is held accountable for their tiple deployments come back and face all have in common, besides their devo- conduct. Even though they may be pri- many needs for health care and coun- tion to duty and to our Nation? A vate sector employees, for every Iraqi, seling. That is the reality. We are now hometown. At the time of their deaths, I am sure they look at them as symbol- paying the highest cash incentives ever all five were residents of the District of izing and representing the United in our history for people to enlist and Columbia. They died trying to bring States of America. to reenlist. Mr. President, $10,000 is democracy to Afghanistan and Iraq, It is our responsibility to ask the common. If a 19-year-old soldier will but they did not have the legal right to hard questions about these security agree to show up in 6 weeks or so, they participate fully in our American de- contractors, what they are doing, and double it to $20,000 in cash—to someone mocracy. That is wrong. This week, we whether anything improper has oc- fresh out of high school. We have have an opportunity to right this curred. The Iraqi Government has changed a lot of rules of eligibility for wrong. reached this conclusion and asked service in our military. Unfortunately, This week, for the first time in near- them to leave. I will be surprised at the we are pushing them to the absolute ly 30 years, the U.S. Senate will take end of the day if they do leave. They limit. That is part of the reality of up a bill to grant the citizens of the are so closely connected to the highest where we are today in Iraq. It is a re- District of Columbia, our Nation’s Cap- levels of this administration, it is hard ality which the President did not ad- ital, a voting member—one voting rep- to imagine they will actually leave the dress when he spoke to the American resentative—in the U.S. House of Rep- country even after the Iraqi Govern- people last week. resentatives. I am one of the cospon- ment has called publicly for that to This event yesterday, where sors of the bipartisan District of Co- happen. Blackwater was expelled by Iraq’s Gov- lumbia House Voting Rights Act of So I have asked the leadership on the ernment, should be a wake-up call to 2007. Democratic side to look into the secu- this administration and this Congress Our aim is to not to strengthen the rity contractor arrangements, as well to provide the kind of meaningful over- hand of either political party, but to as the Blackwater USA company in sight of these private security oper- strengthen American democracy. For particular, to get down to the bottom ations, to ask whether these men and that reason, the DC House Voting line and the basic question as to women who were under our employ, as Rights Act would also create an addi- whether these people who are involved employees of our Government through tional House seat for the State of Utah. in this conduct have done things that private contractors, have stood up and f really don’t advance the cause of peace done the right thing for our Nation. DC VOTING RIGHTS and stability in Iraq. That is a legiti- Many have, but those who have not mate question which should be asked of have to be held accountable. Mr. DURBIN. Mr. President, a little every contractor involved in business Mr. President, SPC Darryl Dent died later this morning, we are going to face in Iraq. in Iraq on August 26, 2003, when an IED an important debate on the DC House We know for the last 5 years on Cap- exploded under his humvee. Specialist Voting Rights Act. It is one that I sup- itol Hill hard questions were not asked. Dent—21 years old—had hoped to go to port. It is a cause that I have supported There was little or no oversight by this medical school one day. He was the for a long time. It is unimaginable that Congress asking whether our tax- first National Guard member from his nearly 600,000 Americans have no voice payers’ dollars were being well spent, hometown to die in combat since Viet- and no vote in Congress today. But it is whether the right decisions were being nam. a fact. It reflects decisions made long made. Sadly, we find ourselves mired in LCpl Greg MacDonald died in Iraq on ago about whether the District of Co- a war that has cost us almost 3,800 June 25, 2003, when his humvee rolled lumbia and its residents would be rep- American lives, with more than 30,000 as he and six other marines raced to resented in Congress. There is good injured, with no end in sight. It has rescue American soldiers caught in an reason why they should be. been a colossal foreign policy mis- ambush. Lance Corporal MacDonald— I was saddened to learn this morning take—one that we will pay for for gen- 29 years old—had a master’s degree and that President Bush has threatened to erations. hoped to make a career in foreign af- veto this bill. He will ask men and Despite the heroism of our men and fairs and help create peace in the Mid- women in the District of Columbia to women in uniform day-in and day-out, dle East. fight and risk their lives so the people policymakers in Washington have let MAJ Kevin Shea, a veteran of the of Iraq and Afghanistan have a right to them down. This President made an ap- first gulf war, was killed by rocket fire vote, but he has threatened to veto the peal to the American people the other in Al Anbar province on September 14, bill which gives those same soldiers the night to allow him to stay the course 2004—his 38th birthday. He was pro- right to vote for congressional rep- until he can leave office. To think that moted posthumously to lieutenant resentation of their own. That is unac- 130,000 soldiers will still be in Iraq next colonel, making him the highest-rank- ceptable. year is really unacceptable. We have ing marine killed in the war in Iraq at The President says he has constitu- pushed our military to the absolute that time. tional concerns. He and other oppo- limit. I have been there. I have talked Army Reserve LTC Paul Kimbrough nents of the DC House Voting Rights to them. I have met with their fami- was a lawyer who once worked for a Act point to language in the Constitu- lies. I have talked to the support Member of the House of Representa- tion that says that the House of Rep- groups back home. I have visited the tives and even ran unsuccessfully for a resentatives will be composed of mem- veterans hospitals. I have seen these House seat himself. He was in Afghani- bers chosen by ‘‘the people of the sev- soldiers on the battlefront as well as stan, overseeing improvements to liv- eral states.’’ They argue that the Dis- back home, and they have paid a heavy ing conditions for our soldiers at trict of Columbia is a district, not a price for this war. The President sug- Bagram Air Base, when he suffered a State.

VerDate Mar 15 2010 22:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18SE7.REC S18SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11620 CONGRESSIONAL RECORD — SENATE September 18, 2007 It is a weak argument at best. Our African Americans and persons of ceed to the consideration of H.R. 1124, Federal judiciary has long treated the color. And he talked about the progress which the clerk will report. District of Columbia as a ‘‘State’’ for we have made when it comes to voting The bill clerk read as follows: many purposes. For example, the 16th rights. A bill (H.R. 1124) to extend the District of amendment of the Constitution grants JOHN LEWIS was nearly beaten to Columbia College Access Act of 1999. Congress the power to tax our incomes, death on the Edmund Pettus Bridge in Mr. AKAKA. Mr. President, I rise to ‘‘without apportionment among the Selma, AL, marching for voting rights speak in support of H.R. 1124 and the several states.’’ The 16th amendment in 1965. He put his life on the line for opportunity it provides for DC’s col- has been interpreted to apply to DC the right to vote. So I think we should lege-bound students. The reauthoriza- residents; the Federal Government can take special note of what JOHN LEWIS tion of the District of Columbia Col- and does require residents of Wash- had to say when he was asked at the lege Access Act of 1999 would continue ington, DC, to pay Federal income Judiciary Committee hearing about a successful and effective scholarship taxes. the bill that would create voting rights program. DC residents are also required to for the residents right here in Wash- The DC tuition assistance grant pro- serve on Federal juries and register for ington, DC. gram, or DCTAG, provides scholarships selective service. Why should the right JOHN LEWIS said the following: to cover the difference between in- to vote be any different? [W]e are going to say to the District of Co- State and out-of-State tuition for eligi- I think when we look at this basic lumbia, where people leave this district, ble DC residents attending any public purpose, the right to vote for congres- leave this city, they go and fight in our wars, college or university in the country. and then they cannot participate in the sional representation, the people who DCTAG awards those recipients up to democratic process. That is wrong. $10,000 annually and $50,000 total in tui- live in Washington, DC, deserve it. The Senate can heed those words this Do opponents of DC voting rights be- tion assistance. week. The Senate can give the resi- lieve that residents of America’s Cap- The original purpose of the bill was dents of Washington, DC, a voice in ital City should bear the full respon- to address concern that college-bound Congress. students in the District were at a dis- sibilities of citizens but do not deserve For two centuries, Washington, DC, the full rights of citizens? advantage because DC lacks a State residents have fought and died in this university system. DCTAG expanded It is not just Democrats who believe Nation’s wars, often suffering among the DC voting bill is constitutional. higher education opportunities by al- the highest casualty rates. lowing students to attend public uni- Several prominent Republicans, includ- Twenty-three Washington, DC, resi- ing Kenneth Starr, Jack Kemp, and versities and colleges nationwide at in- dents have been killed or wounded in State tuition rates. Viet Dinh, principal author of the PA- Iraq and Afghanistan. TRIOT Act, have testified that the bill The original bill also allows students Haven’t the residents of this city to attend a limited number of non- meets constitutional muster. earned the right to have their voices Yesterday, September 17, marked the profit private schools to receive schol- heard, and their vote count, in the arships of up to $2500 annually and 220th anniversary of the signing of the House of Representatives? Haven’t the U.S. Constitution. This is a time to cel- $12,500 total. Students who attend any people of Washington, DC, waited long historically black college or university ebrate the genius of the Framers who enough? or any private school in the District, had the vision and insight—in the year Washington, DC, is the only capital Maryland, or Virginia qualify for pri- 1789—to lay the foundation for what city in the world whose citizens do not vate school grants. The 2002 reauthor- has become the world’s oldest democ- have voting representation in their na- ization clarified that the grants were racy. tional legislature. only for U.S. citizens residing in DC. The Constitution our Framers gave For over 200 years, Washingtonians The success of the program is clear. have been mere spectators to our great us was a brilliant document—but not a Since the launch of DCTAG in 2000, flawless one. It denied full participa- democracy. In the course of our Nation’s history, participation among DC residents more tion in our democracy to the people of than doubled from 1,900 recipients to Washington. we have many times expanded freedom and expanded voting rights to people 4,700 recipients. DCTAG has awarded Over the past two centuries, we have 26,000 grants totaling over $141 million refined the Constitution to expand the whom our Founders, in their incomplete genius, left out. to 9,769 District students. I am pleased right to vote to all Americans. We have to say that a few of those grants went expanded freedom. Some expansions of This week, we have an opportunity, and an obligation, to take another im- to students attending the University of voting rights have come as a result of Hawaii at Manoa in my home State. constitutional amendment. In other portant and long overdue step forward in the historic struggle for voting Not only are more students receiving cases, Congress has expanded the right grants; more are going to college. The rights by giving the residents of the to vote by statute. college enrollment rate for DC public District of Columbia a vote in the U.S. Just last year, this Congress reau- school students has doubled to 60 per- House of Representatives. Let us vote thorized the Voting Rights Act, which cent and 38 percent of students in the for the right to vote. another, courageous Congress first program are the first ones in their fam- passed in 1965. The Voting Rights Act I suggest the absence of a quorum. The PRESIDING OFFICER (Mr. ily to attend college. DCTAG affords is often considered the most important many District residents a chance to go civil rights law ever passed by Con- TESTER). The clerk will call the roll. The bill clerk proceeded to call the to college when they otherwise would gress. It removed poll taxes and dis- roll. not be able to afford it. mantled Jim Crow. Mr. AKAKA. Mr. President, I ask In July, my Subcommittee on the A few weeks ago, on September 5, the unanimous consent that the order for District of Columbia held a hearing Senate Judiciary Committee—on which the quorum call be rescinded. with the Mayor and his education lead- I serve—held a hearing to celebrate the The PRESIDING OFFICER. Without ership team on their reform proposal 50th anniversary of the Civil Rights objection, it is so ordered. for the public school system. They of- Act of 1957. One of the witnesses at fered a realistic picture of DC public f that hearing was a hero of mine and a schools and a realistic vision for ac- giant of our civil rights movement: CONCLUSION OF MORNING countability and reform. Representative JOHN LEWIS of Georgia. BUSINESS The Chancellor of Education, Representative LEWIS testified about The PRESIDING OFFICER. Morning Michelle Rhee, and the Mayor are discrimination against African Ameri- business is closed. working very hard to improve the un- cans when he was growing up in Ala- f acceptably low performance of DC stu- bama. He talked about the inspiration dents by recruiting talented teachers, he drew from meeting Martin Luther DISTRICT OF COLUMBIA COLLEGE reforming the administrative offices, King, Jr. and Rosa Parks. He talked ACCESS ACT OF 1999 and repairing crumbling schools. They about how far we have come as a na- The PRESIDING OFFICER. Under deserve all the support that the Con- tion when it comes to the treatment of the previous order, the Senate will progress can provide in their efforts.

VerDate Mar 15 2010 22:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18SE7.REC S18SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 18, 2007 CONGRESSIONAL RECORD — SENATE S11621 As the cost of college tuition con- trict of Columbia Tuition Assistance tion, with a cap of $50,000, and $2,500 for tinues to rise at both public and pri- Grant Program. Senator AKAKA and I private schools, with a cap of $12,500. vate institutions, this scholarship pro- have been working on this legislation Again, the way this has worked out is gram offers the District’s students for quite some time and both believe it the District has seen an unprecedented hope that if they perform well in high is one of the most significant efforts increase, a 60-percent increase in col- school they can have the same oppor- the Congress has made to help students lege attendance. No other State in the tunity to access affordable, public, of the District of Columbia. Union can make this claim. Think higher education as students in Vir- I thank both the majority leader and about that: a 60-percent increase in col- ginia, in Maryland, and across the the minority leader for allowing us to lege attendance. More than 1,500 country. move this bill forward today. This bill DCTAG recipients have graduated from Students who know they have the op- passed the House in May by a vote of college. In my State of Ohio, there are portunity to go to college are more 268 to 100. Earlier this year, we intro- currently 74 District students attend- likely to perform well in high school. duced the Senate companion bill spon- ing 11 universities, including Ohio The DCTAG program supports the sored by Senator AKAKA, Senator State, Kent State, and Bowling Green Mayor’s efforts to improve DC public BROWNBACK, Senator LANDRIEU, Sen- State University. I truly believe the schools by offering students the chance ator LIEBERMAN, and Senator WARNER majority of the students would not be to go to college at a minimal cost to offering this needed reauthorization. I attending colleges and universities in the Federal Government. thank the Senator from Hawaii for his Ohio without the DCTAG Program. The DCTAG bill was reported out of cosponsorship of this legislation. I am particularly proud of the fact committee in February, and now is the I understand the special relationship that many DCTAG recipients are the time to finally get it passed. I under- between the Federal Government and first in their family to attend college. stand my colleague and fellow com- the District. Congress shares the re- In a survey of students attending the mittee member, Senator COBURN, has sponsibility of making certain that the District’s H.D. Woodson High School, asked that two amendments to the leg- Nation’s Capital remains a socially, 75 percent of the respondents felt islation be considered. economically, and culturally vibrant DCTAG made a difference in their deci- The first amendment would modify city. As a former mayor and Governor, sion and ability to continue their edu- the eligibility standard for the scholar- I also believe that education is one of cation beyond high school. ship recipients to exclude any student the most important factors in ensuring I know how important this is because whose family earns an income of $1 this Nation’s future. Thus, one can in my own situation, my father was million or more. Despite the high in- imagine my dismay when I came to raised by foster parents. It didn’t look come threshold, I am concerned about Washington, the shining city on the as if he would have a chance to go on starting down the road of making this Hill, and learned that only 43 percent to college. His principal and social a needs-based scholarship program. The of students entering the ninth grade studies teacher came out to see the program is designed to provide all DC graduated from high school and even man who was the foster parent, who residents access to a range of higher fewer go on to college. One would have wanted my dad to quit school at 16 and education institutions. I have agreed to thought that our Nation’s Capital, the be a laborer. The principal and social accept this amendment despite my most powerful city in the world, would studies teacher said: No, keep your misgivings for the sake of the entire be the home for a first-class education George in school. They found him a job program’s reauthorization. system. at night. Then they also helped him ob- The second amendment, however, I I am very concerned about the drop- tain a scholarship from Kroger. He am not prepared to accept. It would out rate in our Nation. America cannot went on to Carnegie Tech to become an threaten the integrity and success of afford to have urban schoolchildren architect. I don’t know what would the program by increasing the grant drop out of school and become wards of have happened if it had not been for amounts for private schools. Nearly 10 society. Unless this situation changes, those teachers intervening and for that times the number of students in the we are planting the seeds for social un- Kroger scholarship. His life would have program attend public schools versus rest. As the United Negro College Fund been quite different. private schools, and an increase in the says, a mind is a terrible thing to Sixty-five percent of the kids indi- grant amounts for private schools waste. cated that the existence of the program would reduce the overall available Concerned with the future of the Dis- enabled them to choose a college that funding. Fewer students would be able trict’s children, Representative TOM would best suit their needs. to participate in the program, and DAVIS and I crafted the District of Co- Erica, who attends Virginia State lower income students trying to attend lumbia College Access Act which cre- University and is supported by her more affordable public schools, in par- ated the DCTAG Program, tuition as- grandparents living on a fixed income, ticular, would be significantly bur- sistance program. I consider the cre- said: dened, in some cases, potentially, being ation of the DCTAG Program to be one Without the help of DCTAG, I would not be forced to forego college altogether. of the most worthwhile efforts I have able to attend college. For many students, the importance done since my time in the Senate. And Randa, a full-time single work- of this program in defraying out-of- The aim of the DCTAG Program is to ing mother, said: State tuition costs means the dif- level the playing field for high school graduates in the District of Columbia The support I received is unmatched. DC– ference between attending college or TAG made my future come true. Before hear- not. I cannot support this amendment, who do not have access to a coming of the grants that existed, I had no inten- and I urge my colleagues to vote prehensive, State-supported education tion of pursuing higher education, let alone against this amendment as well. system by assisting them in attending attending a private school that ranks in the DCTAG has helped thousands of DC college. Before the DCTAG Program, top 10 across the Nation. This contribution students who receive postsecondary DC students were the only students in to my life has inspired me to help others as education. Its credibility and its effec- the United States—the only ones in the I have been so richly blessed. tiveness is evident. United States—with a limited State These stories and many other suc- I urge my colleagues to support the higher education system. As a result, cesses of the TAG Program have re- bill and oppose Senator COBURN’s sec- few District graduates went on to at- sulted—and this is really important, ond amendment. tend college. Mr. President—in the private sector I yield the floor and reserve the re- Beginning in 2000, DCTAG scholar- taking a vested interest in improving mainder of my time. ships have been used by District stu- opportunities for the kids in the Dis- The PRESIDING OFFICER. The Sen- dents to cover the difference between trict. ator from Ohio. instate and out-of-State tuition at A public-private partnership modeled Mr. VOINOVICH. Mr. President, State universities. Senator AKAKA has after the Cleveland Scholarship Pro- today the Senate considers, as my good already explained the limitations on gram, called the District of Columbia friend, Senator AKAKA, has mentioned, the program, but it provides up to Access Program, or DC–CAP, was es- H.R. 1124 that will reauthorize the Dis- $10,000 per year for out-of-State tui- tablished in 1999 by Don Graham of the

VerDate Mar 15 2010 22:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18SE7.REC S18SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11622 CONGRESSIONAL RECORD — SENATE September 18, 2007 Washington Post and other Washington progress. Supporting the Charter going to pay for their college education area corporations and foundations to Schools Program is the Federal City and we are going to do it on the backs assist the District high school students Council, a nonprofit organization com- of the poorest in this country? These 20 with their enrollment in and gradua- posed of and funded by approximately people who are in college today whose tion from college. 200 local businesses and educational families make more than $1 million a DC–CAP is privately funded, a non- leaders. It is chaired by former Okla- year are stealing an opportunity from profit organization. It provides full- homa Gov. Frank Keating. Members of 20 kids. Nineteen percent of the Dis- time counseling and financial assist- the President’s Cabinet and a number trict lives under the poverty level. So ance, available throughout their col- of key Federal officials serve as trust- we are taking from them because we do lege career, to students who otherwise ees. That council has spearheaded the not have an earnings test on this pro- might never have the opportunity to go business community’s support for re- gram. on to college. forming the District’s public school I put in an amendment, which I am To date, DC–CAP has disbursed more system. In other words, we are bringing going to call up in a minute, because it than $10 million, funded 5,300 students, together tremendous resources today is ridiculous to think that somebody and provided counseling services to where we are going to try to make a earning $1 million a year cannot afford 71,000 people. Similar to the population difference in an urban district in this to pay for their kid’s college. But the served by the DCTAG Program, the country—there are about 65,000 kids amendment should have been at majority of students served are from today in the District—make a dif- $300,000 or $400,000 a year, because when low-income, minority, single-parent ference in their lives so that maybe in you extrapolate that number, you get households, with many the first in the next several years, we can start 400 or 500 kids who are now taking the their family to attend college. talking about an urban education sys- opportunity from kids who have no in- It is important to understand that tem that actually works. come or are living below the poverty without the DCTAG Program, we That is why this reauthorization is so level. would not have the DC–CAP program. very important not only to the Dis- So the idea of helping people in the They were so impressed with the fact trict, but it could be the model for the District and enticing people to come to that we were willing to step up and do rest of the United States of America. the District to get an education is a something and give these kids an op- We have to break this dropout rate we great idea. There is not a thing wrong portunity for higher education that are having in urban school districts or with this program. But it is very short- they said the private sector ought to this country is in deep trouble. sighted to say we don’t want to put an step in, and they created the public- So I say that it is successful because earnings test on something because it private partnership. we have brought together the public might change the program. The fact is Building on the success of the and private sectors to make a dif- the program is being changed by the DCTAG and the public-private CAP ference. That is what it is. In other wealthy taking advantage of it to the program, the Bill and Melinda Gates words, we realized that the District’s disadvantage of the kids who can’t get Foundation announced this year a $122 school system is just one thread in this this grant. million grant program aimed at im- community, and if it is going to be suc- I read in the paper this morning that proving urban education in the Dis- cessful, it is going to take their Fed- the House is going to object to a mil- trict. The program, known as the DC eral partner and it is going to take lion-dollar-per-year earnings test on Achievers Program, represents one of their private partner working together this program. Just do a little finger the foundation’s largest investments to to make a real difference for the kids commonsense poll and talk to the date in education, with the intention of in this community. American people. Do they think their becoming a model for other commu- The Senator from Hawaii, Mr. taxpayer dollars ought to be spent on nities throughout the United States. AKAKA, mentioned the fact that we sending somebody to college whose par- They chose the District because of the brought on Michelle Rhee, who, by the ents make $1 million a year? The an- fact that we had DCTAG and the CAP way—I tell you, if it wasn’t for DCTAG, swer to that is a resounding ‘‘no.’’ So program. if it wasn’t for CAP, if it wasn’t for the why would we have any resistance at The scholarships are designed to Gates Foundation, if it wasn’t for some all in the House or this body to putting jump-start the low high school and col- of the other efforts, I do not think we an earnings limit at $1 million? It lege graduation rates among students would have been able to land her. She makes no sense. living in certain DC neighborhoods. is terrific. She sees this potential—this The second problem with this bill is They are going to concentrate their at- young woman, dynamic as all get out— we have discriminated against histori- tention in two regions of the District she sees the potential. cally Black, private, nonprofit univer- where there is a 66-percent dropout I yield the floor, Mr. President. The sities because they are private: More- rate. Think of that. I am hopeful that Senator from Oklahoma has an amend- house State, Spelman College, with these programs continuing, we are ment. Stillman College, Tuskegee. Yes, we going to really make a big difference in The PRESIDING OFFICER. The Sen- will let you go if you are from Wash- the District. ator from Oklahoma. ington, DC, if you want to go to those, In addition to the programs I have Mr. COBURN. Mr. President, my rea- but we are only going to give you just mentioned, we have America’s son for offering amendments is not in $2,500. We are not going to give you first federally funded scholarship pro- opposition to this bill’s goal. I think $10,000 because it is a private nonprofit. gram that was created as part of the the Senator from Ohio and the Senator We are going to limit your ability to DC Choice Incentive Act of 2003. Under from Hawaii know that. But there are embrace your culture at one of the his- this program, each District scholarship two really blatant things wrong with torically Black colleges because it hap- student receives up to $7,500 per year this bill. pens to be a private, nonprofit univer- for tuition, transportation, and fees so There is a limited amount of money. sity. We are going to say you can only they may attend a nonpublic school. Everybody will agree we have allo- have $2,500. And by the way, if you Last year, more than 1,800 kids partici- cated—it is going to be about $38 mil- have a good reason that you might pated in this program at 66 nonpublic lion this year that is going to go for want to pursue a field of study that is schools in the District, and a number this program. That is what the spend- not offered at one of the universities, of these students have used the DCTAG out is going to be. Right now, 20 fami- the State publicly supported univer- tuition grants to help their dream of a lies who make over $1 million a year sities, but is offered at a private col- higher education become a reality. And are taking an opportunity from 20 fam- lege, we are going to discriminate it was available to them. ilies who are below the poverty level. against you again. We are going to say In 1996, we created the charter Twenty families right now with house- we will give you $2,500. schools in the District. Today, over hold income greater than $1 million a What we are doing is we are putting 13,000 students are attending 34 charter year are taking this program. Why a carrot out there and saying, you schools in the District. In other words, would we have a program that says to can’t quite get to the carrot. You can’t we are really starting to make some the richest in this country that we are quite get to that carrot. Why would we

VerDate Mar 15 2010 22:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18SE7.REC S18SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 18, 2007 CONGRESSIONAL RECORD — SENATE S11623 discriminate against private and non- of whether the students attend a public or Access Act of 1999 (113 Stat. 1328; Public Law private, if a child wants to seek a cer- private eligible institution.’’. 106–98) is amended by striking ‘‘through (F)’’ tain level of education that is not Mr. COBURN. Mr. President, this is and inserting ‘‘through (G)’’. available anywhere except that? If we the amendment that says, let’s don’t Mr. COBURN. Mr. President, this want opportunity for these kids, we discriminate against the private amendment says if you make $1 million ought to give them opportunity and we schools. Let us let the kids go where a year, we shouldn’t be paying for your ought to let the choice be theirs. Let they want. Let us give them an equal kids to go to college. The rest of the them choose where to go. shot at Morehouse, at Tuskegee, at American taxpayers shouldn’t. If they want to go into bioneurologic Spelman, and Stillman. Let us let I am disappointed to hear from the sciences, where can they get that? A them have an equal shot to go there as House that when they get this, when private university. They can’t get it at well as everywhere else. We have de- we get to conference, they are not a public university. If they want to go cided you can’t. We are going to make going to accept it. It is amazing to me into some other area that is not avail- you more disadvantaged to go to some- that anybody in this country would able to them in a public fashion, place that is culturally better for you. think that the Federal Government— through a public university, we are So I would ask reconsideration on all of us collectively—ought to pay for going to say, yes, you can, but you get the part of the chairman and the rank- their children’s education. If we are 75 percent less benefit than everybody ing member for this amendment. It going to do that, then let us pay for else gets because you choose to go into makes sense, it is equal, and it treats everybody’s education across the coun- a field of endeavor that may be highly every sought-after degree the same. We try. But that is not what this bill is sought after but it is not offered at a don’t discriminate between private and about. This bill is about trying to di- public university. public. It doesn’t change where the re- rect funds to those kids who won’t So the idea behind the bill is good. strictions are already. It doesn’t say have an opportunity for college with- The goal of increasing what the chair- every private university in America out these funds. And by giving those man and ranking member wanted to do can have it. What it says is, if we are funds to the well-to-do families who do in terms of DC is right, it is right-head- going to hold this apple out in front of not need or require our help to send ed, but if we were thinking about how you and say here is your education, we their children to college, we are steal- do we help the most kids, we wouldn’t are going to give you a fair shot wheth- ing opportunity from those kids. There let the first dollar go to parents mak- er you want to go to a private school or is a limited amount of money. Every- ing $500,000 a year or $300,000 a year. We a public school that is on the list. We body knows that. There is a limited pie would let it go to the kids, this 20 per- are going to treat you the same, and here. And for those 20 times 50,000, that cent of the population who lives under we are going to hope that no matter $1 million is not going to be spent on the poverty level. That is where we which one you attend that you finish somebody living below the poverty would send the money. that education and come back and be- level wanting to get out and wanting What we are saying here is, in the come a productive citizen contributing to move up. namesake of not wanting to change to DC. I understand it is the chairman and and not allow the flexibility for more That is what this is about. It is not ranking member’s opinion that they impoverished children to get that col- about expanding the realm of private will accept this amendment, so I gra- lege education, we don’t want to universities. It is saying that if I ciously thank them for that, and my change. We don’t want to allow a choose to go to Morehouse State, I hope is you would hold this as we dis- young African-American male to go to should get the same treatment as if I cuss this with the House. It is ludicrous Morehouse College, because we are choose to go to Oklahoma State or to take this away from people who going to give him $7,500 less a year to Ohio State or the University of Hawaii. don’t have means. go there than if he chose some other I get the same treatment. Don’t give Mr. President, I reserve the balance university. Why would we not want to me part of an apple, give me the whole of my time. enhance that culture for him? apple. Give me everything. The PRESIDING OFFICER. Under AMENDMENT NO. 2888 AMENDMENT NO. 2887 the previous order, amendment No. 2887 Mr. President, I ask unanimous con- Mr. President, I ask unanimous con- is adopted. sent that any pending amendment be sent that amendment No. 2888 be set The amendment (No. 2887) was agreed set aside, and I call up amendment No. aside, and I call up amendment No. to. 2888 and ask for its immediate consid- 2887. The PRESIDING OFFICER. Who eration. The PRESIDING OFFICER. The yields time? The PRESIDING OFFICER (Mr. clerk will report. The Senator from Ohio. CASEY). The clerk will report. The legislative clerk read as follows: Mr. VOINOVICH. Mr. President, the The legislative clerk read as follows: The Senator from Oklahoma [Mr. COBURN] Senator from Hawaii and I have accept- The Senator from Oklahoma [Mr. COBURN] proposes an amendment numbered 2887. ed the amendment that limits the par- proposes an amendment numbered 2888. Mr. COBURN. I ask unanimous con- ticipation of people in this program to Mr. COBURN. I ask unanimous consent that the reading of the amend- those who earn less than $1 million, sent that the reading of the amendment be dispensed with. but the fact is what we tried to do ment be dispensed with. The PRESIDING OFFICER. Without when we put this program together was The PRESIDING OFFICER. Without objection, it is so ordered. to mimic what we were doing in States objection, it is so ordered. The amendment is as follows: today around the country. In my State, The amendment is as follows: (Purpose: To exempt millionaires from re- we have a very robust higher education (Purpose: To prohibit the Federal Govern- ceiving educational scholarship funds in- system, but we do not have an income ment from favoring public colleges and tended for needy families) level that establishes who can partici- universities over private colleges and uni- At the end of the bill, add the following: pate and who can’t. I suspect there are versities under the District of Columbia SEC. 2. MEANS TESTING. people in Ohio who have kids at Ohio College Access Act of 1999) (a) IN GENERAL.—Section 3(c)(2) of the Dis- State University who are subsidized At the end of the bill, add the following: trict of Columbia College Access Act of 1999 and who may make over $1 million or SEC. 2. NON-DISCRIMINATION FOR PRIVATE (113 Stat. 1324; Public Law 106–98) is amend- make $350,000. But our State has cho- SCHOOL STUDENTS. ed— sen not to have an earnings limit as a Section 6 of the District of Columbia Col- (1) in subparagraph (E), by striking ‘‘and’’ matter of public policy. I suspect if you lege Access Act of 1999 (113 Stat. 1327; Public after the semicolon at the end; go around the country, you will find Law 106–98) is amended by adding at the end (2) in subparagraph (F), by striking the pe- that is the case just about everywhere the following: riod at the end and inserting ‘‘; and’’; and ‘‘(i) NON-DISCRIMINATION FOR PRIVATE (3) by adding at the end the following: you go. SCHOOL STUDENTS.—In awarding grants ‘‘(G) is from a family with a taxable annual Mr. COBURN. Mr. President, will the under this Act to eligible institutions, the income of less than $1,000,000.’’. Senator yield for a question? Mayor shall pay amounts, on behalf of eligi- (b) CONFORMING AMENDMENT.—Section Mr. VOINOVICH. Let me finish, and ble students, that are equivalent regardless 5(c)(2) of the District of Columbia College then I will yield for a question.

VerDate Mar 15 2010 22:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18SE7.REC S18SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11624 CONGRESSIONAL RECORD — SENATE September 18, 2007 Second, in terms of the private col- unprecedented success since the first are not going to defund those programs leges, we looked at what we do around grants were handed out in 2000. There that are not working. We are not going the country, and if you are in the State is an old saying, and I have believed in to measure with a metric whether they of Ohio and you are a resident of Ohio, it my entire years in Government— are effective. We are going to let them we have a special program that says if over 40 years—‘‘If it ain’t broken, don’t go. Here is a good program that is you go to a private school, you don’t fix it.’’ This program is not broken. making a difference in people’s lives, get the full subsidy you would get if This program is one of the most suc- and we are not going to go fight for you go to a public school, but we pro- cessful programs in the United States more money. vide the private schools up to $2,500 so of America to reduce dropout rates and To me, that says it all about where you can attend a private school. When increase the attendance of youngsters we are in Washington today. we put this program together, we had a to get a college education. I hope my Mr. VOINOVICH. Mr. President, I limitation saying, as we have in the colleagues who are listening and pay- would like to say—and I am pleased the State—and we took certain areas of ing attention right now will vote junior Senator from Oklahoma is talk- Virginia and Maryland and brought against this amendment because I ing about a Federal program where he them in as part of a State—and we said don’t think it is going to add one iota wants to see more money spent. I think if you go to the University of Mary- to this program except to take away that is terrific. The fact is, he does land, if you go to the University of Vir- from it. agree this is a very special program. I ginia, then you can participate in this Mr. COBURN. Will the Senator yield would like to point out so do the appro- program. But what we realized at the for a question? priators, because year after year, they time was that the number of people Mr. VOINOVICH. I am glad to yield. have provided more money for this pro- trying to get into Maryland and Vir- Mr. COBURN. Do the people of upper gram. ginia was so large it wouldn’t give income in Ohio pay higher taxes in the Initially, it started out at about $17 these kids the chance they needed to State of Ohio? million. They are up to about $33.3. In have so they could get into school, and Mr. VOINOVICH. Yes, and I am sure their consideration of the importance so we opened it up to public colleges all the people in the District of Columbia of this program, they have, in fact, pro- over the United States of America. As are paying higher income taxes to the vided more money for it because it is a Senator AKAKA says, there are people United States of America. very worthwhile, successful program. in Hawaii, I am sure we have people in Mr. COBURN. So the people of Ohio, The fact of the matter is we all believe Pennsylvania and all over America, in who send their children to Ohio State, that if we evened it out across-the- Oklahoma, and we are trying to do even though they pay in-State tuition, board, fewer of our youngsters, the so- what a State would do. actually pay more for that college be- cially deprived kids in the District, The other thing we did, which was cause they pay a much higher percent- would be able to take advantage of the unusual, is that because we have his- age of the State budget and the State program. torical Black colleges around the coun- of Ohio, similar to the State of Okla- Again, I wish to emphasize we tried try, we provided a special program that homa, has decided that with that in- to copy what we do in States such as at those private colleges, even though creased income, we will grant every- Ohio, where we say to the private they are outside of the region of the body. But it doesn’t cost the same. So schools: You are here. God bless you. District of Columbia, the children the argument is, in terms of the dif- And we give them, not the total sub- would be able to receive up to $2,500, ference in incomes: Those people who sidy, $6,500—they get up to $2,500 for and that lays out why this whole pro- make exceptional incomes in Ohio and those students. gram came together. What the Senator Oklahoma actually pay more for their If you are thinking about kids who from Oklahoma is making mention of kids to go to college in their States be- need help, I know in my State if you is that he wants everybody to get the cause they pay a much higher percent- have a youngster who has some poten- same amount of money. If we provide age of the total income taxes in the tial—by the way, these youngsters who equal funding for private and public State. have the potential are taking advan- colleges, as proposed by the amend- The second point is I think the Sen- tage of the college assistance program ment, we would be limiting the reach ator is right. If it ain’t broke, don’t fix the private sector set up here, set up of what is, by all accounts, a very suc- it. This is one of the rare programs by Don Graham over at the Wash- cessful program. that ought to be expanded, but we have ington Post. So they come in with this The current level of funding of the terrible priorities in this Senate and in little extra money for them. We also DCTAG is about $33.2 million. If we ex- this Government. So we will not take have the Pell Grant Programs avail- panded that to allow District schools another $10 million to make sure more able to these individuals. to receive grants of up to $10,000, fund- kids go and get rid of some duplicitous I can tell you this. If we had a bright ing would have to be increased signifi- earmark somewhere that is a favor for kid in the District who was qualified to cantly to serve the existing population some politician somewhere so we can, go to Georgetown—we mentioned a served by the DCTAG. As mentioned in fact, enhance it. young lady who is at one of the top earlier in the debate, the average grant This is a very straightforward universities. They have special pro- amount per student is $6,500. They do amendment. It says why would you dis- grams that reach out and say here is a not get the $10,000, they get the aver- criminate against somebody who wants youngster—such as my dad—who is age of $6,500, and the difference of $3,500 to go to a private college over a public bright, hard-working, and we are going would have to be made up somewhere. college? That is what we are doing. The to give them some extra, such as dad Of the 6,400 students enrolled in the answer is because we don’t have got at Carnegie Tech so he could go on DCTAG today, 886 are attending pri- enough money. That is the answer. The to get his architectural degree. vate colleges. These students are re- answer is we do not have enough I think we are talking about reality ceiving about $2 million. If this amend- money, so therefore, if we give the here. We are talking about a program ment were to pass, funding would have same amount of scholarship to private that is making a difference. I respect- to increase by over $5 million to cover schools as we give to public, we would fully say I think the proposal doesn’t these students, or the District would not have enough money for 886 people help the program but rather takes have to reduce the number of students who are getting a full boat now. away from it. attending public universities by 875 The answer to that is here is a pro- The PRESIDING OFFICER. The Sen- students. So it is a matter of money gram that is working, here is where we ator from Hawaii. and dividing it. My guess is that would ought to have priorities, here is where Mr. AKAKA. Mr. President, reclaim- result in fewer students attending col- we ought to be putting more money ing my time, I wish to echo the re- lege because the pool of available rather than less. But the answer, our marks of my good friend and ranking money would shrink. closed-minded answer in Washington member, Senator VOINOVICH. Senator I would hope none of my colleagues is is: That is all the money we have. Even COBURN’s amendment threatens to re- willing to ask 875 students not to at- though this is working and a lot of duce the number of participants in the tend college. This program has been an other programs are not working, we program by nearly 1,000 students and

VerDate Mar 15 2010 22:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18SE7.REC S18SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 18, 2007 CONGRESSIONAL RECORD — SENATE S11625 would increase the costs of the pro- The yeas and nays are ordered. The amendment was ordered to be gram by more than $5 million. Mr. AKAKA. Mr. President, I yield engrossed, and the bill to be read a Furthermore, it conflicts with the in- the remainder of my time. third time. tent of the legislation. Because of the Mr. VOINOVICH. Mr. President, I The bill was read the third time. high number of private schools in the suggest the absence of a quorum. The PRESIDING OFFICER. The bill District, Congress allowed students The PRESIDING OFFICER. The having been read the third time, the who chose to stay close to home a clerk will call the roll. question is, Shall the bill pass? greater range of options, similar to a The legislative clerk proceeded to Mr. BUNNING. Mr. President, I ask State school program. However, it was call the roll. for the yeas and nays. never intended to supplement the pri- Mr. AKAKA. I ask unanimous con- The PRESIDING OFFICER. Is there a vate education to the same degree as sent that the order for the quorum call sufficient second? public education. be rescinded. At the moment, there is not a suffi- Once again, I urge my colleagues to The PRESIDING OFFICER. Without cient second. vote against his amendment and in objection, it is so ordered. Mr. BUNNING. Mr. President, I ask support of the underlying bill. The PRESIDING OFFICER. All time for the yeas and nays, please. At this time, I yield the floor and re- has been yielded back. The PRESIDING OFFICER. Is there a serve the remainder of my time. The question is on agreeing to sufficient second? There is a sufficient second. The PRESIDING OFFICER. The Sen- Coburn amendment No. 2888. The clerk will call the roll. ator from Oklahoma. The yeas and nays have been ordered. The assistant legislative clerk called Mr. COBURN. I will finish up with The clerk will call the roll. the roll. this. I thank the Senators for their de- The legislative clerk called the roll. Mr. DURBIN. I announce that the bate and points of view. Mr. DURBIN. I announce that the Senator from West Virgina (Mr. BYRD), The reason the average is $6,500 is be- Senator from West Virginia (Mr. BYRD) the Senator from Connecticut (Mr. cause you only give $2,500 to the pri- and the Senator from Illinois (Mr. DODD), and the Senator from Illinois vate. If you took all the private schools OBAMA) are necessarily absent. (Mr. OBAMA) are necessarily absent. out, the average would be $10,000. That Mr. LOTT. The following Senator is Mr. LOTT. The following Senator is is what you get. So to play the game necessarily absent: the Senator from necessarily absent: the Senator from with numbers is not accurate because New Mexico (Mr. DOMENICI). New Mexico (Mr. DOMENICI). when you filter in the $2,500, you get The PRESIDING OFFICER. Are there The result was announced—yeas 96, that average of $6,500. any other Senators in the Chamber de- nays 0, as follows: I would make the point again, you, in siring to vote? [Rollcall Vote No. 338 Leg.] fact, are discriminating against a The result was announced—yeas 38, YEAS—96 young DC minority child who says I nays 59, as follows: want to go to Morehouse State, and I Akaka Dorgan McCaskill [Rollcall Vote No. 337 Leg.] Alexander Durbin McConnell want to major in X at Morehouse YEAS—38 Allard Ensign Menendez State. I know heroes of mine who went Barrasso Enzi Mikulski Alexander Crapo Lugar to Morehouse State. Baucus Feingold Murkowski Allard DeMint Martinez Bayh Feinstein Murray Under this bill, you say you can’t do Bennett Dole McCain Bennett Graham Nelson (FL) that. They may be bright, but $2,500 Bond Ensign McConnell Biden Grassley Nelson (NE) compared to that education, versus Brownback Graham Roberts Bingaman Gregg Pryor Bunning Gregg $10,000 in public, doesn’t begin to ac- Sessions Bond Hagel Reed Burr Hagel Shelby Boxer Harkin Reid complish the level of financing and Chambliss Hatch Smith Brown Hatch Roberts Coburn Hutchison scholarships—it will be next to impos- Stevens Brownback Hutchison Rockefeller Cochran Inhofe Sununu Bunning Inhofe Salazar sible. I ask you to reconsider. The in- Corker Isakson Thune Burr Inouye Sanders tent of what you are trying to do—we Cornyn Kyl Vitter Cantwell Isakson Schumer can, in fact, appropriate more money Craig Lott Cardin Johnson Sessions for this. If I and GEORGE VOINOVICH and NAYS—59 Carper Kennedy Shelby DANNY AKAKA go for a spending in- Casey Kerry Smith Akaka Feingold Murray Chambliss Klobuchar Snowe crease on an appropriations bill, that Barrasso Feinstein Nelson (FL) Clinton Kohl Specter will make history in the Senate. That Baucus Grassley Nelson (NE) Coburn Kyl Stabenow would make history. We could do that. Bayh Harkin Pryor Cochran Landrieu Stevens Biden Inouye We could find the money to do that. Reed Coleman Lautenberg Sununu Bingaman Johnson Reid Collins Leahy Tester The point is, why should we take Boxer Kennedy Rockefeller Conrad Levin Thune away opportunity? Why should we be Brown Kerry Salazar Corker Lieberman Vitter Cantwell Klobuchar Sanders Cornyn Lincoln Voinovich the parlayers of somebody’s lost oppor- Cardin Kohl Schumer Craig Lott Warner tunity? We ought to give it to all, it Carper Landrieu Snowe Crapo Lugar Webb Casey Lautenberg DeMint Martinez Whitehouse ought to be equally based and ought to Specter be based on their aspirations, their Clinton Leahy Dole McCain Wyden Coleman Levin Stabenow hopes for what they want to do. We Collins Lieberman Tester NOT VOTING—4 Voinovich should not artificially say because you Conrad Lincoln Byrd Domenici want to go here, this is all the oppor- Dodd McCaskill Warner Dodd Obama Dorgan Menendez Webb tunity you get. But if you want to go Durbin Mikulski Whitehouse The bill (H.R. 1124), as amended, was somewhere that doesn’t excite you, Enzi Murkowski Wyden passed. doesn’t stimulate you, isn’t going to NOT VOTING—3 Mr. AKAKA. Mr. President, I move to give you as good an education, we will Byrd Domenici Obama reconsider the vote, and I move to lay give you more money. that motion on the table. I think that is inherently wrong and The amendment (No. 2888) was re- The motion to lay on the table was disadvantageous to the very people we jected. agreed to. Mr. AKAKA. I move to reconsider the are trying to help. Not only should we f want them to get the education, we vote. should want them to get the best edu- Mr. MENENDEZ. I move to lay that RECESS cation, so they can be the best that motion on the table. The PRESIDING OFFICER. Under they can be. The motion to lay on the table was the previous order, the Senate stands I will yield the floor. agreed to. in recess until 2:15 p.m. I ask for the yeas and nays. The PRESIDING OFFICER. The Thereupon, the Senate, at 12:53 p.m., The PRESIDING OFFICER. Is there a question is on the engrossment of the recessed until 2:15 p.m. and reassem- sufficient second? There is a sufficient amendment and third reading of the bled when called to order by the Pre- second. bill. siding Officer (Mr. CARPER).

VerDate Mar 15 2010 22:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18SE7.REC S18SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11626 CONGRESSIONAL RECORD — SENATE September 18, 2007 DISTRICT OF COLUMBIA HOUSE The PRESIDING OFFICER. The Sen- constitutional issue as important as VOTING RIGHTS ACT OF 2007— ator from Utah. this one? This is an important issue. MOTION TO PROCEED Mr. HATCH. Mr. President, we have We are prepared to debate. We are pre- The PRESIDING OFFICER. Under had a lot of people talking about, oh, pared to see what happens. the previous order, there will now be 15 let’s not do this because it is unconsti- We know if it passes, it is going to minutes equally divided between the tutional. I want everybody to know have expedited review by the Supreme two leaders or their designees on the there are conservative and liberal ad- Court. We are prepared to accept what- motion to invoke cloture on the mo- vocates on both sides of this issue with ever the Supreme Court decides to do, tion to proceed to S. 1257. regard to the District of Columbia and, and those who say this is unconstitu- Who seeks time? The Senator from I might add, I think most people will tional, per se, should not be afraid Connecticut. know Utah was not treated fairly after then. I am willing to go to the Supreme Mr. LIEBERMAN. Mr. President, I the last census. Naturally, Senator Court, and I will abide by whatever the rise to urge my colleagues to support BENNETT and I are for adding a seat in Supreme Court says. I believe the Su- the legislation before us today which Utah. preme Court would uphold this legisla- was reported out of our committee on a Let’s go back to that point. There tion because there are 600,000 people 9-to-1 vote, bipartisan support. are good people on both sides of this without a right to vote for their own In some sense, it is unbelievable that issue, Democrats and Republicans on representative. we are here today in 2007 trying, each side. There are decent arguments I used to be opposed to this issue. against some odds at this moment, to on each side of this issue, although I The more I studied it, the more I give to the residents of the Capital think our side has been given short agreed with the conservative and lib- City of the United States, the District shrift by some. And those who are so eral constitutional proponents and the of Columbia, the right to have a voting sure this is unconstitutional, that more I have become an advocate for it, representative in the Congress of the which the distinguished Senator from and I am going to continue to do so. I United States. To me, it is unbeliev- Connecticut, Mr. LIEBERMAN, and I hope we can at least debate this matter able, it is palpably unjust and, in my have been advocating, then why do and then, hopefully, get it out of this opinion, a national embarrassment. they fear the expedited provision in body and go to the Supreme Court and This bill, comparable to a bill that this bill that will get us to the Su- have them finally decide what should passed the House of Representatives— preme Court of the United States of be done. bipartisan—cosponsored by Delegate America in what would be a very ap- I yield the floor. The PRESIDING OFFICER. Who ELEANOR HOLMES NORTON and Con- propriate decision on who is right and who is wrong in this matter? seeks time? gressman TOM DAVIS—basically rights Mr. LIEBERMAN. Mr. President, I this grievous wrong by giving the Dis- We all know the argument that we should do this as a constitutional suggest the absence of a quorum. trict of Columbia, more than a half a The PRESIDING OFFICER. The amendment is not a valid argument. It million of our fellow Americans, a vot- clerk will call the roll. ing Member of Congress in the House of is a good argument, but the fact is it The assistant legislative clerk pro- Representatives and to, frankly and di- will never pass that way. There are ceeded to call the roll. rectly, overcome concerns of the par- 600,000 people in the District of Colum- Ms. COLLINS. Mr. President, I ask tisan impact of giving a House seat to bia, never contemplated by the Found- unanimous consent that the order for the District because it tends to vote ers of this country to be without the the quorum call be rescinded. Democratic, and correcting another in- right to vote. They are the only people The PRESIDING OFFICER. Without justice, saying that the State of Utah, in this country who do not have a right objection, it is so ordered. which came very close—less than 900 to vote for their own representative in The Senator from Maine is recog- citizens—from having another seat in the House of Representatives. This bill nized. the Congress in the House as a result of would remedy that situation. Ms. COLLINS. Mr. President. I rise the 2000 census also gets a seat. So one Those who argue it would be a to speak in support of S. 1257, the Dis- for the District of Columbia, one for presage to getting two Senators don’t trict of Columbia House Voting Rights Utah. know the people in America or in this Act of 2007. It is a measure introduced The situation is this: The residents of body. The fact is that Senators are by Senator LIEBERMAN and Senator the Capital City of the greatest democ- elected by States with equal rights of HATCH and favorably reported by the racy in the world do not have voting suffrage. This representative, should Committee on Homeland Security and representation in Congress. And yet, this bill pass both Houses of Congress, Governmental Affairs. they have to pay the taxes we adopt— would represent 600,000 people as the After carefully considering the con- this is taxation without representa- people’s representative in the House of stitutional issues, I have come to be- tion—their budget uniquely has to be Representatives, which is what that is lieve, on balance, that S. 1257 is a le- approved by the Congress, and their supposed to be. gitimate mechanism for providing vot- sons and daughters today are serving, I might add, Supreme Court decision ing representation in the U.S. House of and I add dying in disproportionate after Supreme Court decision has said Representatives for the 600,000 Ameri- numbers, in Iraq and Afghanistan in the Congress has plenary power in this cans who live in the District of Colum- the war on terrorism, and yet they do area, unique power in this area. It says bia—citizens who serve in the Armed not have a voting representative in Congress has authority over the Dis- Forces, pay Federal taxes, participate Congress to pass judgment on appro- trict of Columbia. If Congress wants to in Federal programs, and support a priations and other matters related to give the District of Columbia a rep- local government overseen by Con- that war. resentative, Congress has the power to gress—yet who cannot choose a rep- It is time to end the injustice, to end do so, and I believe the Supreme Court resentative with voting rights for the the national embarrassment that the would uphold it. I do not believe the House that meets in their midst. citizens of this great Capital City do Supreme Court would uphold an at- S. 1257 would also correct an inequity not have voting representation in Con- tempt to try and get two Senators for affecting the State of Utah. That State gress. something that is clearly not a State fell just short of qualifying for an addi- I ask all my colleagues to vote for requiring equal rights of suffrage. tional House seat in the last apportion- cloture. Do not let a filibuster kill a I compliment my good friend from ment—a margin that likely would have voting rights act, as used to happen too Connecticut, Senator LIEBERMAN, for disappeared had the census counted the often around here. the hard battle he waged and for those thousands of Mormons who were out of I have been honored to join as a co- in the House who worked so hard on State performing their religious duty sponsor of this measure my dear friend, this issue. I hope we can at least debate as missionaries. a great Senator, Senator ORRIN HATCH this matter. All we are doing today is As the Senate considers this legisla- of Utah. deciding whether we are even going to tion, much hinges on our view of the I yield the remaining time we have to allow a debate to occur. My gosh, when powers assigned, and the rights pro- Senator HATCH. has the Senate been afraid to debate a tected, by our Constitution. Those

VerDate Mar 15 2010 22:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18SE7.REC S18SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 18, 2007 CONGRESSIONAL RECORD — SENATE S11627 powers and rights were discussed at I hope my colleagues will allow this resentatives is the primary right by length in the May 15 hearing that our bill to go forward, and I urge their sup- which other rights are protected.’’ It committee conducted on this bill. port of this measure. is, in fact, the right on which all others We heard vigorous debate from legal Mr. CARDIN. Mr. President, I rise in in our democracy depend. The Con- experts on whether the enclave clause strong support of S. 1257, the District stitution guarantees it, and the U.S. of the Constitution enables Congress to of Columbia House Voting Rights Act. Supreme Court has repeatedly under- provide voting representation in the This bill would provide the 580,000 resi- scored that it is one of our most pre- House for the District of Columbia—as dents of our Nation’s Capital the vot- cious and fundamental rights as citi- a corollary of its exclusive power of ing representation in the House of Rep- zens. legislation in Federal enclaves, includ- resentatives that is so long overdue. It Although not all Americans were ening the District. We also heard an im- would also give the State of Utah a titled to vote in the early days of the passioned argument that the bill would temporary at-large seat in the House Republic, virtually all legal restric- pass constitutional muster purely on through the next reapportionment. tions on the franchise have since been its merits as an equal-representation Today’s vote presents us the oppor- eliminated, including those based on measure consistent with court rulings tunity to grant District of Columbia race, sex, wealth, property ownership, in civil rights cases. residents the voice in ‘‘the people’s and marital status. Americans living in I recognize that other lawmakers, House’’ that other Americans possess. the Nation’s Capital also deserve to and some constitutional scholars, have It is time to remember the cry of our have voting representation in the body expressed sincere doubts about this Founders that ‘‘taxation without rep- that makes their laws, taxes them, and measure. For those who have such con- resentation is tyranny’’ and end the can call them to war. cerns, the bill now offers a powerful discriminatory treatment of our Cap- Even with most explicit barriers to safeguard. During our June markup, ital City’s residents. voting removed, we still have a way to the committee adopted my amendment District of Columbia citizens pay go before we get to the point where all providing for expedited judicial review Federal taxes, and they deserve their Americans are able to participate with- of this legislation in the event of a full say in determining the direction of out obstacle in our elections, and with confidence in the voting systems they legal challenge. Thus, the new law’s le- our country. They should have as much use. In the 2000 Presidential election, gitimacy could be determined prompt- influence on the House and Senate 51.2 percent of the eligible American ly by our Federal courts. floors as any other American over the electorate voted. And although in the My colleagues on the committee also policies that shape this Nation: our 2004 Presidential election voting par- adopted an amendment that I proposed Tax Code, our involvement in Iraq and concerning the scope and implications ticipation reached its highest level Afghanistan, and our laws affecting So- of the bill. The text now carries an ex- since 1968, only 60.7 percent of eligible cial Security, health care, and plicit statement that the District of Americans voted. That dropped back childcare. down, in the 2006 off-year elections, to Columbia shall not be considered a The right to representation is a basic just over 40 percent. We should do ev- State for purposes of representation in civil right, and this is no less than a erything we can to strengthen voter the Senate. This is an important dis- moral issue. Since coming to Congress, registration efforts and to move the tinction. Our Constitution links House I have supported full voting representa- representation to population, but it election reform process forward in this tion for the citizens of the District of links Senate representation to state- Congress, and at the same time to ex- Columbia that would comprise one vot- hood. The residents of the District of tend voting representation to the near- ing member of the House of Represent- Columbia are Americans entitled to ly 600,000 people—hard-working, tax- atives and two Senators. The authors House representation, but they are not paying U.S. citizens who fight for our of this bill have, after much delibera- residents of an entity admitted to the country and serve on juries and fulfill tion, crafted a compromise that they Union as a State. The language added their other civic duties—who live with- believe can pass both Chambers and be by the committee simply clarifies that in the borders of the District of Colum- sent to President Bush for his signa- the bill does not contemplate or pro- bia. ture. I will support that compromise vide support for a legislative grant of I know that some opponents argue Senate representation. with the hope that one day we will be that the reasons the Founders made The District of Columbia House Vot- able to enact legislation providing full the Nation’s Capital a separate dis- ing Rights Act of 2007 is a carefully representation to the District. trict, rather than locate it within a crafted measure that provides for Mr. DODD. Mr. President, today we State, remain sound, and therefore we speedy review of any legal challenge. will vote on whether or not to take up should not tinker with their work, The bill’s 21 sponsors and cosponsors one of the most important pieces of even at the cost of continued disenfran- span the liberal-to-conservative spec- civil rights and voting rights legisla- chisement of DC’s citizens. That argu- trum and includes two independent tion the Senate will consider in this ment ignores the fundamental commit- Senators, as well as Republicans and Congress: the DC House Voting Rights ment we all must have to extending Democrats—eloquent testimony to the Act of 2007. After months of careful the franchise to all Americans. And it fact that this is not a partisan meas- consideration by the Committee on ignores the fact that article I of the ure. Homeland Security and Governmental Constitution explicitly gives Congress I urge my colleagues to support S. Affairs, floor action on this bill has legislative authority over the District 1257, a simple matter of fundamental been blocked by a filibuster. We will ‘‘in all cases whatsoever.’’ The courts fairness for American citizens. soon see if there are sufficient votes to have over time described this power as Mr. President, I wish to make a final break that filibuster and enable it to ‘‘extraordinary and plenary’’ and ‘‘full point and say again that there are le- move forward. We are in this proce- and unlimited,’’ and decades of legisla- gitimate arguments about the con- dural position because some of my Re- tive and judicial precedents make clear stitutionality of the measure that is publican colleagues have persistently that the simple word ‘‘states’’ in arti- before us, and that is why, when it was refused to even allow the Senate to cle I (which provides that the House of before the Homeland Security Com- take up and debate this measure, in- Representatives ‘‘shall be composed of mittee, I offered an amendment which sisting on throwing up procedural road- members chosen . . . by the people of is incorporated into the bill to allow blocks all along the way. I urge my col- the several states’’), does not trump, for expedited judicial review of its con- leagues to vote to bring this bill to the Congress’s legislative authority to stitutionality. I suggest to my col- floor, and if that effort succeeds, to grant representation in the House to leagues that we should proceed with support its adoption. citizens of the District. this measure. If, in fact, it fails on con- There is nothing more fundamental I know that Senator HATCH, LIEBER- stitutional grounds, that is up to the to the vitality and endurance of a de- MAN, and others have already thor- courts. But today we can stand for an mocracy of the people, by the people, oughly covered this important legal important principle of providing a vote and for the people than the people’s ground, so I will not belabor the his- to the residents of the District of Co- right to vote. In the words of Thomas tory. But when even conservative legal lumbia. Paine: ‘‘The right of voting for rep- scholars—from Judges Ken

VerDate Mar 15 2010 22:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18SE7.REC S18SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11628 CONGRESSIONAL RECORD — SENATE September 18, 2007 Starr and Patricia Wald to former As- 2008. This seat would be guaranteed to ital still bear the unfair burden of tax- sistant Attorney General Viet Dinh— Utah for the 111th Congress and the ation without representation. The have done exhaustive legal analyses 112th Congress until another census is more than half a million District of Co- which outline the positive case for Con- done and new districts are made in lumbia residents pay significant Fed- gress ceding representational rights to 2012. It also explicitly says that the eral taxes each year. In fact, DC resi- citizens of the District, you know there District should not be considered a dents have the second-highest per cap- is a strong case to be made. In any State for the purpose of representation ita tax burden in the Nation. Yet they event, it is clear to me that these im- in the Senate; that question is left for have no say in how Federal taxes are portant constitutional questions another day. spent, and they have no role in writing should ultimately be resolved by the Mr. President, as my colleague Sen- the Nation’s tax laws. U.S. Supreme Court, and enactment of ator HATCH has observed, there are Residents of the District have fought this bill would enable us to do just really two fundamental questions here and died in every war to defend Amer- that. If opponents of the bill are so cer- for the Senate to consider. The first is ican interests. Two hundred thirty tain of their constitutional arguments, the constitutional question about seven DC residents died in the Vietnam they should, it seems to me, allow whether Congress may enact legisla- war. Today, while we debate whether those arguments to be tested in the full tion to address this issue. The second is DC citizens deserve a vote in Congress, light of day, in the courts, and resolved an essentially political question about many brave Americans who live in the once and for all. The bill provides for whether we should enact such legisla- District are fighting for voting rights expedited consideration of appropriate tion. I have briefly addressed the first. in Iraq. Since the beginning of the cur- court challenges. If it were to be en- On the second, I think there really rent wars in Iraq and Afghanistan, 2813 acted and then struck down because of should not be much of a debate. Citi- DC residents—2110 members of the Ac- constitutional infirmities, it would zens of the District, a majority of them tive Duty military and 703 members of then be clear that a constitutional African-Americans, who fulfill all of the Reserve Forces—have been de- amendment is the only viable alter- the duties of citizenship, ought to have ployed in Iraq and Afghanistan. In the native left to DC citizens. the right to vote and be represented in course of these conflicts, 28 DC resi- This is the latest in a series of pro- Congress as decisions are made about dents have been wounded or killed. posals to extend full rights of represen- their taxes, about war and peace, or tation to voters in the District. In 1978, about any of the myriad other ques- Citizens of the District of Columbia with overwhelming bipartisan support, tions that Congress faces every day. have no voice when Congress considers both Chambers of Congress passed the This is not a perfect bill. There are whether to go to war. The brave sol- DC voting rights constitutional amend- provisions of it that some oppose, and diers from the Nation’s Capital have no ment, which would have given District that I might have drawn differently. representation in Congress when the residents voting representation in the But it is an exquisitely balanced com- votes are counted on funding levels for House and the Senate, by two-thirds promise, and I believe it deserves our our troops and other issues relating to majority in each Chamber. The amend- support. I commend Chairman LIEBER- the war. When Congress debates assist- ment required 38 States to ratify it, MAN and Ranking Minority Member ance to war veterans or considers how but it fell short. In 1993, the House COLLINS for developing the bill, and I to improve conditions at Walter Reed voted to give partial voting representa- congratulate the majority leader for Hospital, the patriotic veterans who tion to the DC delegate in the ‘‘Com- bringing it to the floor today. We know live in this city have no vote. It is un- mittee of the Whole’’ of the House, unit enjoys the support of a large major- conscionable. less her vote actually determined the ity of Americans—over 80 percent in If we are for democracy in Iraq and outcome, in which case it would not be national polls support the proposition Afghanistan, we should certainly be for counted. That is obviously no real vot- that DC residents should be rep- democracy in the District of Columbia ing ‘‘right’’ at all, if it can be taken resented in Congress. I hope it will gar- as well. away when it really counts. ner the broad support in the Senate it I have long been a strong supporter There have been many differing pro- deserves. I urge my colleagues on both of DC representation in Congress. In posals over the years to extend the sides of the aisle to vote aye to enable 1978, I worked with Walter Fauntroy right to vote to DC citizens, from con- this measure to come to the floor, and and many others on a constitutional stitutional amendments to statehood to support it when it does. amendment to correct this basic injus- legislation to retrocession proposals. Mr. KENNEDY. Mr. President, to- tice. We finally passed the constitu- Since many Americans would be day’s debate involves one of the most tional amendment in Congress, but we shocked to learn that something as important issues in our democracy. Dr. weren’t able to get it ratified by a suf- basic as voting representation is now Martin Luther King called the right to ficient number of States to take effect. withheld from certain of our citizens, vote ‘‘civil right number one.’’ Yet Because we weren’t successful then, and it is coming in a particular histor- hundreds of thousands of Americans the issue remains just as urgent today. ical context in which Utah is poised to who live in the Nation’s Capital have Fortunately, a constitutional amend- gain an additional House seat due to been denied an equal voice in our de- ment isn’t the only option. The Con- its growing population, let me describe mocracy. Citizens in the District of Co- stitution’s District clause provides an- briefly what this bill would actually lumbia live in the very shadow of the other, legal means for providing citi- do. Capitol Building, but they have no rep- zens of the District of Columbia a vote First, it would create two new per- resentative who can vote their inter- in Congress. As respected constitu- manent seats in the House of Rep- ests within these halls. It is long past tional scholars have made clear, article resentatives, one for the District of Co- time for us to finally correct this basic I, section 8 of the Constitution gives lumbia and the other for Utah. An elec- wrong. Congress the authority ‘‘to exercise ex- tion for the seat in DC would be held in I commend Senators LIEBERMAN, clusive Legislation, in all Cases what- 2008 and the new representative would HATCH, and BENNETT for their strong be sworn in for the 111th Congress. The leadership on this legislation. soever, over such District’’ of Colum- bill explicitly states that DC can only Since the Revolutionary War, ‘‘No bia. The Supreme Court has ruled that be considered one district and receive taxation without representation’’ has Congress’s exclusive authority over the only one seat in all future censuses. been a fundamental American prin- District of Columbia is broad and ‘‘na- It also repeals the District of Colum- ciple. It is a famous phrase in our his- tional in the highest sense.’’ bia delegate and other related language tory. James Otis said it first in a his- Some have questioned the constitu- once a full voting representative is toric speech in Massachusetts in 1763, tionality of this approach. Although I sworn into the 111th Congress. Finally, and it was so inspiring that John supported a constitutional amendment it would allow the State of Utah to cre- Adams later said, ‘‘Then and there, the in the past, I disagree that a constitu- ate a Fourth District, not an at-large child ‘independence’ was born.’’ tional amendment is the only valid op- seat, using census data from 2000. The Yet more than two centuries later, tion. Nothing in the Constitution ex- election for that seat would be held in citizens who live in the Nation’s Cap- plicitly denies residents of this city a

VerDate Mar 15 2010 22:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18SE7.REC S18SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 18, 2007 CONGRESSIONAL RECORD — SENATE S11629 voice in Congress. Judges Patricia we can finally correct this historic representation for both DC and Utah Wald and Kenneth Starr, both of whom wrong and to do it on our watch. without disadvantaging either national served on the respected U.S. Court of Mrs. FEINSTEIN. Mr. President, S. political party. Appeals for the DC Circuit, have stud- 1257, the District of Columbia House In the last 200 years, Congress has ied this approach to giving the District Voting Rights Act of 2007, is an impor- not granted House representation to a vote in the House of Representatives. tant and consequential bill. the District of Columbia by statute. Both have concluded that it is con- The bill before us would increase the Whether such a Federal law is constitutional. As they and others have 435-seat House of Representatives to stitutional has never been before the noted, the Supreme Court has recog- 437 seats, by providing one seat for a courts. As a result, critics of the legis- nized that Congress has the power to voting member in DC, which is pre- lation have argued that a bill providing treat District of Columbia citizens as dominately Democratic, and one addi- for a vote for the District representa- citizens of a State in other contexts. tional seat for Utah, which is predomi- tive is unconstitutional. However, a bi- For instance, the District is treated as nately Republican. And it does it in a partisan group of academics, judges, a State for purposes of diversity juris- way that doesn’t give advantage to one and lawyers argue that Congress has diction in Federal courts, although ar- political party over the other. the authority and historical precedents ticle III, section 2 of the Constitution The time has come to give the Dis- to enact Federal law, and I agree with provides for diversity jurisdiction in trict a voice and a vote in the House of their view. suits ‘‘between citizens of different Representatives. The Constitution vests in Congress I encourage my colleagues to support States.’’ broad power to regulate national elec- this legislation. It is impossible to believe that the tions and plenary authority over DC The legislation is sponsored by Sen- Founding Fathers, having just finished under the District clause, article I, sec- ator JOSEPH LIEBERMAN, chairman of a war to ensure democratic representa- the Homeland Security and Govern- tion 8, clause 17. This clause permits tion in America, would then insist on mental Affairs Committee; Senator Congress wide discretion to grant denying that representation to citizens rights to the District of Columbia, in- ORRIN HATCH; and my distinguished living in the capital of their new Na- ranking member on the Rules Com- cluding for the purposes of congres- tion. Granting the District a vote in sional representation. mittee, Senator ROBERT BENNETT. I am Congress is consistent with the spirit, a cosponsor this legislation. From 1790 to 1800, Congress allowed as well as the letter, of our Constitu- The District of Columbia occupies an District residents to vote in congres- tion. interesting and unique place in the sional elections in Virginia and Mary- Even if you disagree about the bill’s United States: land. This was allowed not because constitutionality, we should not fili- It covers just 61.4 square miles, sand- they were residents of those States but buster this important measure. Surely wiched between Virginia and Maryland: because Congress acted within its Dis- even my colleagues who have a dif- Yet with more than 580,000 residents, trict clause authority. ferent view of the constitutionality can the population of the District surpasses Constitutional scholars from the agree that this issue is important that of the entire State of Wyoming. right and the left, the most notable enough to deserve an up-or-down vote. The District of Columbia is the seat of conservatives being Judge Kenneth The Senate’s filibuster of the landmark American government. The U.S. Con- Star and Professor Viet Dinh, believe Voting Rights Act of 1965 was one of its gress determines the laws for the Dis- this legislation is constitutional. These darkest days. We should not repeat trict; the Federal Government impacts scholars reference the sweeping author- that mistake now. the District’s transportation system, ity of the District clause, which pro- This is not a Republican or a Demo- health system, and police function. DC vides that ‘‘The Congress shall have cratic issue. When we passed the con- residents pay the second highest per power . . . to exercise exclusive legisla- stitutional amendment in 1978, we had capita Federal income taxes in the tion in all cases whatsoever’’ over the strong support from Republicans like country. And District residents have District of Columbia. Senators Goldwater, Dole, and Thur- sacrificed their lives defending our Na- In addition to believing that Con- mond, in addition to Democrats. tion. During World War I, World War gress can pass this legislation, I believe Today, the bill has strong bipartisan II, Vietnam, the Korean war, and today there are strong reasons why it should support in both the House and Senate. in Iraq, they have fought for our de- pass this legislation. That is because this issue is so obvi- mocracy. Despite all this, DC residents DC is affected, perhaps more directly ously an issue of simple justice. have no vote in how the Federal Gov- than any other U.S. jurisdiction, by the The Senate Judiciary Committee re- ernment operates. actions of Congress. cently held a hearing to celebrate the ‘‘No taxation without representa- Citizens of the District, rich and 50th anniversary of the Civil Rights tion,’’ the colonists told King George poor, work in this town and work in Act of 1957. We heard moving testi- in the late 1700s. We cannot allow this the industries of law, policy, business, mony in favor of this bill from Con- lack of representation to continue dur- tourism, academia and medicine. They gressman JOHN LEWIS, our distin- ing the 21st century. pay high taxes; they face the chal- guished colleague in the House of Rep- Today, the District of Columbia has a lenges of living in one of the major cit- resentatives and a leader in the con- nonvoting representative in Congress— ies in the United States. tinuing struggle for equal voting Representative ELEANOR HOLMES NOR- This legislation would provide DC rights. At the age of only 23, Congress- TON. She has been vocal in representing with permanent voting rights for the man LEWIS headed the Student Non- the interests of the residents of DC, but first time in over 200 years. violent Coordinating Committee and she is unable to cast a vote on the From the Boston Tea Party and ‘‘no helped organize a march on Wash- House floor to ensure that voice is taxation without representation’’ to ington. He and others were brutally as- heard. This makes little sense. the suffragettes and struggles over vot- saulted during the fateful voting rights We now have an opportunity to ing rights in the 1960s, the goal of march at the Edmund Pettis Bridge, change this and to strike the right bal- American society has been to bring a but their sacrifices helped inspire the ance while doing it. The bill before us voice to citizens who were voiceless. progress that was to come. would add two seats to the House of Voting is the voice of democracy. Congressman LEWIS reminded us of Representatives, one for the District of This political limbo that Congress the sacrifices of those who gave their Columbia and one for Utah. has placed on the District has run its lives for equal voting rights in this Utah was next in line for a fourth course. country, and called on us to pass the congressional district representation in It is time to give the District a voice DC Voting Rights Act. He reminded us the House, according to 2000 population and a vote in the House of Representa- of our obligation to give the District a census data. At that time, Utah was tives. vote in Congress. only 856 residents away from becoming This important step can not only I urge my colleagues to vote for clo- eligible for an additional seat. right this wrong but can do it without ture on this important bill and then So this legislation strikes the appro- causing partisan rancor or disadvan- vote for final passage of the bill so that priate balance by allowing additional tage to any party. What is at stake

VerDate Mar 15 2010 22:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18SE7.REC S18SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11630 CONGRESSIONAL RECORD — SENATE September 18, 2007 here is nothing less than a funda- Administration believes it can write voice in the election of those who make mental fairness voting issue. 200 years of civil liberties out of the the laws under which, as good citizens, This bill is consistent with the his- Constitution with a simple stroke of a we must live.’’ The bill we are consid- torical precedents of Congress’s role in pen. ering today—S. 1257—serves this pur- protecting and preserving the right to We all seek the same laudable goal: pose. It would, for the first time, give vote, regardless of color or class, age or to provide full Congressional represen- the citizens of the District of Columbia gender, disability or original language, tation and voting rights for the citi- full voting representation in the House party or precinct, and geography dozens of the District of Columbia. But of Representatives, while adding a mestic or foreign. let us accomplish that goal in the way fourth Congressional seat for the state It is the right thing to do, and the the way the Founders intended—by of Utah, based on updated population 21st century is the right times to do it. amending the Constitution. Let us sup- statistics from the 2000 Census. I urge my colleagues to join me in port a resolution to amend the Con- I want to thank my good friends Sen- taking up and passing this bill on a stitution that would enhance, rather ators HATCH and BENNETT for greatly majority vote in the full Senate. than undermine, the rights of the increasing the possibility of success (At the request of Mr. REID, the fol- 600,000 residents of the District of Co- this year with their support for this ef- lowing statement was ordered to be lumbia who seek a stronger voice in fort. Earlier in the year, the three of us printed in the RECORD.) their government.∑ introduced S. 1257 as a compromise ∑ Mr. BYRD. Mr. President, in 1978, as Mrs. CLINTON. Mr. President, Our that would move us beyond the par- the majority leader of the United Nation was born out of a struggle tisan stalemates of the past that have States Senate, I strongly supported against taxation without representa- denied the citizens of DC their most and voted for H.J. Res. 554, a joint reso- tion. Yet even as we endeavor to pro- precious right. lution that proposed amending the mote democracy around the world, it is I must also thank DC Delegate ELEA- Constitution to provide for representa- alarming that we deny our own Amer- NOR HOLMES NORTON and Congressman tion of the District of Columbia in Con- ican citizens who live in the District of TOM DAVIS, whose persistence and bi- gress. Unfortunately, over the next 7 Columbia the right to representation partisan cooperation has brought us to years, that resolution, which had in Congress. The nearly 600,000 resi- where we are today. It was they who passed the Senate by a vote of 67 to 32, dents of the District of Columbia have forged the original compromise that failed to obtain the approval of the 38 been denied voting representation in passed the House in April by a vote of States it needed for ratification under Congress for over 200 years. But this is 241–177 and is now before us here in the Article V of the Constitution. not just an injustice perpetrated on DC Senate. Today, the Senate seeks to obtain residents. Their disenfranchisement Notwithstanding the remarkable the same commendable goal of grant- tarnishes our democracy as a whole. service of Congresswoman NORTON, the ing voting rights to representatives of The right to be represented in the na- citizens of the District of Columbia de- the District of Columbia. The Senate tional legislature is fundamental to serve more than a non-voting delegate seeks to do so by passing S. 1257. How- our core American values, and for that in the House. They deserve a represent- ever, Art. 1, Sec. 2 of the Constitution reason, I am proud to cosponsor the ative who can vote not only in com- states that the House of Representa- District of Columbia House Voting mittee, as Delegate NORTON now does, tives shall be composed of Members Rights Act of 2007. but also on the House floor, which she chosen by the people of the several There is no principled basis for the is barred from doing. States. The Constitution does not refer disenfranchisement of the District’s The fact that District residents have to the people of the District of Colum- residents. After the Nation’s Capital been without voting representation in bia in this context. While I recognize was founded, citizens who lived in the Congress since the District was formed that others believe that Art.1, Sec. 8 of District were represented by congress- more than 200 years ago is not only a the Constitution authorizes the Con- men from Maryland or Virginia. They national embarrassment, it is a grave gress to ‘‘exercise exclusive legisla- were able to make themselves heard in injustice and at complete odds with the tion’’ over the District, including legis- Congress. It was only in 1801 that Con- democratic principles on which our lation that would grant the District’s gress chose to strip the District of vot- great nation was founded. America is representatives voting rights, the his- ing rights. As a result of this decision, the only democracy in the world that torical intent of the Founders on this for more than 200 years, the District’s denies the citizens of its capital city point is unclear. residents have been taxed like other this most essential right. I oppose S. 1257, because I doubt that Americans but have been denied a vote And yet, the people of DC have been our Nation’s Founding Fathers ever in- in the Nation’s legislature. It is Con- the direct target of terrorist attacks tended that the Congress should be gress that took away the District’s rep- but they have no voting power over able to change the text of the Constitu- resentation. After two centuries, it is how the federal government provides tion by passing a simple bill. The abil- time for us to fix that mistake. The homeland security. They have given ity to amend the Constitution in only District’s residents deserve a voice in their lives to protect our country in two ways was provided with particu- how the Nation is governed. foreign wars—including the current larity in Article V of the Constitution The people of this city are proud one—but have no say in our foreign for a reason. If we wish to grant rep- Americans. They pay their taxes. They policy. They pay taxes, like every resentatives of the citizens of the Dis- serve with honor and distinction in our other American. In fact, they pay trict of Columbia full voting rights, let military. But yet we deny them the more: Per capita, District residents us do so, once again, the proper way: by ability to fully participate in our de- have the second-highest federal tax ob- passing a resolution to amend the Con- mocracy. The legislation before us goes ligation in the country. Yet they have stitution consistent with its own a long way towards righting this wrong no voice in how high those taxes will terms. by giving the residents of the District be or how they will be spent. Now is certainly not the time for us representation in Congress that is long The District is also the only jurisdic- to make it easier, rather than more dif- overdue. tion in the country that must seek ficult, to alter the text of the Constitu- Mr. LIEBERMAN. Mr. President, I congressional approval—through the tion. We serve with a President who al- rise to express my strong support for appropriations process—before spend- ready believes that he can ignore the the legislation before us today to ening locally-generated tax dollars. So rule of law by issuing a simple direc- sure that citizens of the District of Co- when Congress fails to pass appropria- tive, a signing statement, or an order lumbia and the State of Utah are prop- tions bills before the beginning of the that undermines the delicately bal- erly represented in the U.S. House of new fiscal year, the District’s budget is anced separation of powers, which the Representatives. essentially frozen. And yet DC has no Framers so painstakingly included in In the 1964 Wesberry v. Sanders case, say in our federal appropriations proc- the Constitution. A series of Federal Supreme Court Justice Hugo L. Black ess. judges is now confirming what many of wrote that ‘‘no right is more precious Giving the residents of DC voting us have known from the start: that this in a free country than that of having a representation in the House is not only

VerDate Mar 15 2010 22:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18SE7.REC S18SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 18, 2007 CONGRESSIONAL RECORD — SENATE S11631 the right and just thing to do; it has rights and responsibilities granted to Ms. COLLINS. Mr. President, I sug- popular support. A poll conducted by states in the Constitution, yet the Dis- gest the absence of a quorum. the Washington Post earlier this year trict Clause has allowed Congress to The PRESIDING OFFICER. The found that 61 percent of the nation be- apply them to DC. clerk will call the roll. We should also remember that Con- lieves it is time to end centuries of bias The assistant legislative clerk progress has granted voting rights to against the District by giving its citi- ceeded to call the roll. zens voting representation in Congress. Americans abroad in their last state of It helps to take a look back in his- residence regardless of whether they Mr. ENSIGN. Mr. President, I ask tory to locate the original source of are citizens of that state, pay taxes in unanimous consent that the order for this inequity. In 1800, when the na- that state, or have any intent to return the quorum call be rescinded. tion’s capital was established as the to that state. Clearly, the courts have The PRESIDING OFFICER. Without District of Columbia, an apparent over- supported broader interpretations of objection, it is so ordered. sight left the area’s residents without Article I, Section 2 of the Constitution. CLOTURE MOTION If, after listening to these arguments, Congressional representation. Mary- The PRESIDING OFFICER. All time land and Virginia ceded land for the you still doubt the constitutionality of this legislation, I hope I can persuade has expired. Under the previous order capital in 1788 and 1789 respectively, and pursuant to rule XXII, the Chair but it took another 11 years for Con- you to support it because it is the right thing to do, and we can let the courts lays before the Senate the pending clo- gress to establish the District. In the ture motion, which the clerk will state. interim, residents continued to vote ei- resolve the constitutional dispute at a The assistant legislative clerk read ther in Maryland or Virginia, but Con- later date, once and for all. S. 1257 re- as follows: gress withdrew those voting rights quires expedited judicial consideration once the District was established. Ap- of any appropriate court challenge, so CLOTURE MOTION parently by omission, Congress ne- any question of constitutional inter- We, the undersigned Senators, in accord- glected to establish new voting rights pretation will be answered promptly. ance with the provisions of rule XXII of the Finally, allow me to reassure skep- for the citizens of the new District. Standing Rules of the Senate, hereby move Whatever the reason for this over- tics that in no way does this bill open to bring to a close the debate on the motion sight, it has no relevance to reality or the door to granting the District vot- to proceed to Calendar No. 257, S. 1257, a bill national principles today. To have your ing representation in the Senate, as to provide the District of Columbia a voting some have contended. In fact, language seat, and for other purposes. voice heard by your government is cen- Harry Reid, Joe Lieberman, Patrick tral to a functioning democracy and was added in our Committee markup explicitly stating that DC, and I quote Leahy, Russell D. Feingold, Benjamin fundamental to a free society. here, ‘‘shall not be considered a state L. Cardin, Robert P. Casey, Jr., Ber- The Homeland Security and Govern- nard Sanders, B.A. Mikulski, Byron L. mental Affairs Committee held a hear- for purposes of representation in the Dorgan, Patty Murray, Dianne Fein- ing on the bill May 15, during which we United States Senate.’’ End of quote. It stein, Mary Landrieu, Kent Conrad, heard compelling testimony on the can’t get any clearer than that. Robert Menendez, Mark Pryor, Ken The vote we are about to cast will de- need for and constitutionality of S. Salazar, Jim Webb. cide whether the Senate should proceed 1257 from legal scholars, civil rights The PRESIDING OFFICER. By unan- to the bill. It is a vote on whether this leaders, and fellow members of Con- imous consent, the mandatory quorum legislation is worthy of Senate consid- gress. The bill was reported to the full call has been waived. eration. No matter where you stand on Senate on June 13 by a bipartisan vote the merits of this bill, surely you must The question is, Is it the sense of the of 9–1. agree that a bill on voting representa- Senate that debate on the motion to The primary argument against the tion and equal rights deserves consider- proceed to S. 1257, a bill to provide the bill that we heard at our hearing was ation by the United States Senate. The District of Columbia a voting seat and the question of constitutionality. Op- Senate has not filibustered a civil the State of Utah an additional seat in ponents cite Article I, Section 2, of the rights bill since the summer of 1964 the House of Representatives, shall be Constitution which states that the when it spent 57 days including six Sat- brought to a close? House ‘‘shall be composed of members urdays on the Civil Rights Act of 1964. The yeas and nays are mandatory chosen . . . by the people of the several Let us together assure the American under the rule. states.’’ But those words were not writ- public that the days of filibustering The clerk will call the roll. ten in a vacuum. Just six sections voting rights bills are over. later, the framers of the Constitution The assistant legislative clerk called The House has acted. It is now time the roll. gave Congress authority to ‘‘exercise for the Senate to do the same. The leg- exclusive legislation in all cases what- islation introduced in both the House The PRESIDING OFFICER. Are there soever’’ regarding the District. Numer- and the Senate is an expression of fair- any other Senators in the Chamber de- ous legal scholars, including Judge Ken ness and bipartisanship, an example of siring to vote? Starr and former Assistant Attorney what we can do when we work across Mr. DURBIN. I announce that the General Viet Dinh, both of whom have party lines as the good people of this Senator from West Virginia (Mr. BYRD) testified before Congress on this issue— nation have so often asked us to do. is necessarily absent. said this broad authority is sufficient Members from both parties and both The yeas and nays resulted—yeas 57, to give District residents full House houses have finally come together to nays 42, as follows: representation. find a solution to break the stalemates [Rollcall Vote No. 339 Leg.] Congress has repeatedly used this au- of the past that have denied DC resi- thority to treat the District of Colum- dents equal representation in the Con- YEAS—57 bia as a state. In 1940, the Judiciary gress of the United States. Now is the Akaka Feinstein Murray Act of 1789 was revised to broaden the Bayh Harkin Nelson (FL) time to give the residents of the Dis- Bennett Hatch Nelson (NE) definition of diversity jurisdiction, trict what they so richly deserve and Biden Inouye Obama which refers to the authority of the that is the same civic entitlement that Bingaman Johnson Pryor federal courts to hear cases where the every other federal tax-paying Amer- Boxer Kennedy Reed parties are from different states, to in- Brown Kerry Reid ican citizen enjoys, no matter where he Cantwell Klobuchar Rockefeller clude the District of Columbia. This re- or she lives. By giving the citizens of Cardin Kohl Salazar vision upheld by the courts when chal- the District of Columbia a genuine vote Carper Landrieu Sanders lenged. in the House, we will ensure not only Casey Lautenberg Schumer Clinton Leahy Snowe The courts have also found that Con- that their voices will finally be fully Coleman Levin Specter gress has the authority to impose fed- heard. We will be following the impera- Collins Lieberman Stabenow eral taxes on the District; to provide a tives of our national democratic val- Conrad Lincoln Tester jury trial to residents of the District; Dodd Lugar Voinovich ues. Dorgan McCaskill Webb and to include the District in inter- The PRESIDING OFFICER. Who Durbin Menendez Whitehouse state commerce regulation. These are seeks time? Feingold Mikulski Wyden

VerDate Mar 15 2010 22:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18SE7.REC S18SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11632 CONGRESSIONAL RECORD — SENATE September 18, 2007 NAYS—42 ple, Washington shouldn’t be just the Mr. LEVIN. Madam President, we Alexander Crapo Lott seat of our Government, but it also have had an informal discussion. I am Allard DeMint Martinez should reflect the core values and fun- sad that there is not an opportunity on Barrasso Dole McCain Baucus Domenici McConnell damental promise of our democracy. this bill to bring up the hate crimes Bond Ensign Murkowski Denying the right to vote to citizens bill. I do hope there is a way, following Brownback Enzi Roberts who are equally subject to the laws of this session, to bring up the hate Bunning Graham Sessions this Nation undermines a central crimes bill. It has broad support and Burr Grassley Shelby Chambliss Gregg Smith premise of our representative Govern- deserves to be heard and, I hope, Coburn Hagel Stevens ment. The right to vote belongs to passed. I discussed with Senator Cochran Hutchison Sununu every American, regardless of race, MCCAIN the possibility that the Sen- Corker Inhofe Thune Cornyn Isakson Vitter creed, gender, or geography. ator from Delaware would now be rec- Craig Kyl Warner For these reasons, I fully support this ognized. We agreed that he would at important legislation. Although to- this time. NOT VOTING—1 day’s vote is a disappointment, I will The PRESIDING OFFICER. The Sen- Byrd continue to work with Mayor Fenty, ator from Delaware. The PRESIDING OFFICER. On this Congresswoman NORTON, and the spon- Mr. BIDEN. Madam President, I ask vote, the yeas are 57 and the nays are sors of this bill until the residents of unanimous consent to set aside the 42. Three-fifths of the Senators duly the District of Columbia achieve full pending amendment and call up chosen and sworn not having voted in representation in Congress. amendment No. 2335. the affirmative, the motion is rejected. Mr. REID. Mr. President, I suggest The PRESIDING OFFICER. Is there Mr. REID. Mr. President, I move to the absence of a quorum. objection? reconsider the vote. The PRESIDING OFFICER. The Mr. MCCAIN. Madam President, I re- Mr. BENNETT. I move to lay that clerk will call the roll. serve the right to object. motion on the table. The assistant legislative clerk pro- Mr. BIDEN. Madam President, I will The motion to lay on the table was ceeded to call the roll. not call it up at the moment. I with- agreed to. Mr. SMITH. I ask unanimous consent draw the request. Mr. OBAMA. Mr. President, I rise that the order for the quorum call be I do ask unanimous consent that today to speak about the DC voting rescinded. Senators GRAHAM, CASEY, BROWN, and rights bill that the Senate just voted The PRESIDING OFFICER (Mrs. SANDERS be added as cosponsors to on. I am disappointed that this meas- MCCASKILL). Without objection, it is so amendment No. 2335. ure failed to receive the necessary 60 ordered. The PRESIDING OFFICER. Without votes in order for the bill to be consid- f objection, it is so ordered. ered. Mr. BIDEN. I want to explain briefly This is a bill that seeks to protect NATIONAL DEFENSE AUTHORIZA- what this amendment does. It adds the most fundamental right of citizens TION ACT FOR FISCAL YEAR 2008 $23.6 billion to allow the Army to rein our democracy the right to vote. The PRESIDING OFFICER. The Sen- place all of its up-armored HMMWVs Different generations in our Nation’s ate will resume consideration of H.R. with mine resistant ambush protected history have struggled to gain and 1585, which the clerk will report. vehicles, the so-called MRAPs. It also safeguard this universal right—from The legislative clerk read as follows: adds a billion dollars to increase the the 15th amendment, which extended A bill (H.R. 1585) to authorize appropria- cost of the 8,000 MRAPs we are trying the right to vote to newly freed slaves, tions for fiscal year 2008 for military activi- to purchase today. In terms of the spe- to the 19th amendment, which guaran- ties of the Department of Defense, for mili- cifics of this amendment, the idea is teed the right to women, and finally to tary construction, and for defense activities simple. If we can prevent two-thirds or the Voting Rights Act, which gave real of the Department of Energy, to prescribe military personnel strengths for such fiscal more of our casualties with a vehicle substance to voting laws that had been year, and for other purposes. that is basically a modified and ar- previously abused. Yet, as we speak, mored truck, we have to do all in our Pending: this most basic right in a democracy is power to do it, in my view. denied to the citizens of the District of Nelson (NE) (for Levin) amendment No. Last, it provides $400 million for bet- 2011, in the nature of a substitute. Columbia. Levin (for Specter/Leahy) amendment No. ter protection against explosively Our brave civil rights leaders sac- 2022, to restore habeas corpus for those de- formed penetrators or EFPs. These are rificed too much to ensure that every tained by the United States. those shaped-charges that hit our vehi- American has the right to vote for us Warner (for Graham/Kyl) amendment No. cles from the side and are increasingly to tolerate the disenfranchisement of 2064, to strike section 1023, relating to the deadly. the nearly 600,000 residents of the Dis- granting of civil rights to terror suspects. I want to be straight with my col- trict of Columbia. Those who live in Mr. SMITH. Madam President, I ask leagues. This is a very expensive our Nation’s Capital pay taxes like unanimous consent to call up my amendment. Twenty-five billion dol- other Americans. They serve bravely in amendment No. 2067. lars is a lot of money. But compared to the Armed Forces to defend our coun- Mr. MCCAIN. Madam President, re- saving the lives and limbs of American try like other Americans. They are serving the right to object, I will ob- soldiers and marines, it is cheap. called to sit on Federal juries like ject. I say to my friend from Oregon, I Our commanders in the field tell us other Americans. Yet they are not af- understand this is the hate crimes bill. that MRAPs will reduce casualties by forded a vote in Congress. Instead, they I appreciate his passion and commit- 67 to 80 percent. are granted a nonvoting Delegate who ment on this issue. There is no one The lead commander on the ground can sit in the House of Representatives more respected in the Senate who has in Iraq, LTG Ray Odierno, told us and serve on committees but cannot had the situation of my distinguished months ago that he wanted to replace cast a vote when legislation comes to friend from Oregon. But we are on the every Army up-armored HMMWV in the floor. Defense bill. We have to move forward Iraq with an MRAP. As a community organizer in Chicago with the amendments. We have to get Instead of adjusting the requirement and as a civil rights attorney, I learned it done. We have both Iraq as well as immediately, the Pentagon has taken that disenfranchisement can lead to the impending 1st of October date star- its time to study this issue and just re- disengagement from our political sys- ing us in the face. At this time I object cently they have agreed that the gen- tem. In many parts of DC, you can look to the request by the Senator from Or- eral needs a little over half of what he down the street and see the dome of egon. asked for. 10,000 instead of approxi- the U.S. Capitol. Yet so many of these The PRESIDING OFFICER. Objec- mately 18,000. streets couldn’t be more disconnected tion is heard. This makes no sense. Are we only from their Government. Mr. SMITH. I thank the Chair. supposed to care about the tactical ad- If we are to take seriously our claim The PRESIDING OFFICER. The Sen- vice of our commanders in the field to a government of, by, and for the peo- ator from Michigan. when it is cheap?

VerDate Mar 15 2010 22:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18SE7.REC S18SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 18, 2007 CONGRESSIONAL RECORD — SENATE S11633 I don’t think that is what the Amer- MRAP program. I won’t go into all of able to move this legislation along, I ican people or our military men and that again, but I will reiterate the key hope, quickly. women expect from us. choice my colleagues have to make: Do There is a lot to do on this bill, and More importantly, while we argue we do our best to save American lives, I would hope Members on this side about the best strategy for Iraq, we knowing that the only downside is the would listen to what Senator LEVIN has must still protect those under fire. I possible need to reprogram funding at to say and come when it is to their in- disagree with the President’s strategy the end of the year, or do we care more terest, and maybe even sometimes in Iraq. I do not believe a strong cen- about some unknown topline wartime when it is not to their interest, but at tral government will lead to a stable, funding number than those lives? least in an effort to dispose of this leg- self-sufficient Iraq. I urge my colleagues to support this islation. I think we need a new strategy that amendment. Mr. LEVIN. I suggest the absence of I thank the managers of the bill and focuses on implementing the Iraqi con- a quorum. stitution’s call for federalism and re- yield the floor. Mr. LEVIN. Madam President, I sug- The PRESIDING OFFICER. The focuses the mission of American forces clerk will call the roll. on fighting al-Qaida, border protection, gest the absence of a quorum. The PRESIDING OFFICER. The The legislative clerk proceeded to and continuing to train the Iraqi clerk will call the roll. call the roll. forces. The legislative clerk proceeded to While we disagree on strategy, the Mr. STEVENS. Madam President, I call the roll. ask unanimous consent that the order fight continues in the alleys of Bagh- Mr. REID. Madam President, I ask dad and the streets of Diyala Province. for the quorum call be rescinded. unanimous consent that the order for The PRESIDING OFFICER. Without American soldiers and marines are tar- the quorum call be rescinded. gets every day they are there. So every The PRESIDING OFFICER. Without objection, it is so ordered. day they are there, we must give them objection, it is so ordered. Mr. STEVENS. Madam President, I the best protection this nation has. Mr. REID. Madam President, I have ask unanimous consent that I be per- The American political process is de- had conversations with the two man- mitted to speak as in morning business signed to make change and decision- agers, Senator MCCAIN and Senator for up to about 7 minutes. making a slow and deliberative proc- LEVIN. I would hope people who feel The PRESIDING OFFICER. Without ess. Those of us who want a change in strongly about the amendment that is objection, it is so ordered. strategy have three options. pending; that is, the habeas corpus (The remarks of Mr. STEVENS are One, we must convince enough col- amendment, would come and speak on printed in today’s RECORD under leagues to sustain a veto from the this amendment. The floor is open for ‘‘Morning business.’’) President; or, two, we must convince debate on that issue. It is an extremely Mr. STEVENS. Madam President, I the American people to elect enough important amendment. No matter how suggest the absence of a quorum. new Senators and House Members will- you feel about it, it is important— The PRESIDING OFFICER. The ing to sustain a veto. Or, finally, three, whether you are for it or against it. I clerk will call the roll. we must convince the American people would hope Senators would come and The legislative clerk proceeded to to elect a President willing to change talk about that amendment. call the roll. strategies. That is reality. I believe in I have also spoken with Senator Mr. MCCAIN. Madam President, I ask this system, which means I will not LEVIN and Senator MCCAIN about how unanimous consent that the order for walk away from my duty to try to con- we proceed from this point forward. We the quorum call be rescinded. have been somewhat tepid in moving vince both my colleagues and the The PRESIDING OFFICER. Without forward because we did not know how American people that there is a better objection, it is so ordered. path to stability in Iraq. the vote would turn out on the DC vot- It also means that I will not give up ing rights. We know that now, so we Mr. MCCAIN. Madam President, I on my obligation to our military men are moving ahead as quickly as we can would like to repeat what my friend and women. on the Defense authorization bill be- and distinguished chairman said: We While we take the time necessary to cause that matter is out of the way need to get opening statements done. move the political process for change, procedurally. The debate has now begun on the Na- they face improvised explosive devices, What I have spoken to the two man- tional Defense Authorization Act for rocket propelled grenades, explosively agers about is that we would have the Fiscal Year 2008. We are looking at the formed penetrators, sniper fire, and Defense authorization bill, and as a date of September 18, and we want to suicide bombers every day. We have an sidetrack, we would have Iraq amend- get this bill done as quickly as possible obligation to protect each and every ments—a finite number from the and to conference with the House so we one of them to the best of our ability. Democrats, a finite number from the can provide the much needed equip- I agree with the Commandant of the Republicans. We would work on time ment, training, pay, and care for our Marine Corps, GEN James Conway agreements for those amendments. Our veterans as well as our military per- when he said, ‘‘Anything less is im- floor staff is trying to draw something sonnel. I urge my colleagues, if they moral.’’ up and submit that to the Republican have any statements to make on this In terms of the specifics of this leader. I have not today—even though I bill, that they come over and make amendment, the idea is very simple. If have spoken to him in the past about them. we can prevent two-thirds or more of that—spoken to him about that, al- I also would like to point out, as my our casualties with a vehicle that is ba- though we have spoken to Senator friend from Michigan has, that we will sically a modified and armored truck, KYL, Senator MCCAIN, Senator LOTT, be working on the large number of we must do all in our power to do that. and others. The distinguished Repub- amendments on the bill as well as the Will it be a challenge to American in- lican leader was simply off the floor at provisions on Iraq. The sooner we com- dustry to build close to 23,000 MRAPs the time. So our two staffs are coming plete action on this legislation, the in the next 12 to 15 months? Abso- up with something in writing to see if sooner we can get it to conference with lutely. Can they do it? Only if we give there is a way we can move forward on the other body and to the President’s them a real chance. If we provide fund- that; otherwise, we will offer them as desk for signature. ing up front for all that is needed, we part of the Defense authorization bill. This is not the first time we have ad- give business the ability to increase ca- On this matter, I have the greatest dressed this bill, and I hope it is the pacity to produce. If we give little bits comfort level with Senator LEVIN’s last for the National Defense Author- here and there, they and their sub- ability to manage this bill. He has, in ization Act, at least for fiscal year 2008. contractors will be limited in their years past, done such a remarkably I again express my appreciation and ability to produce these life-saving ve- good job. For many years, it has been admiration for the distinguished chair- hicles. Less will be produced and more Senator WARNER working with him. man, Senator LEVIN, who has not only Americans will return injured or dead. Now, because of the change in the worked closely with this side of the I gave a statement on July 19, when ranking membership of that com- aisle but also has worked very hard to I first introduced this amendment, that mittee, it is Senator MCCAIN, who also forge a bipartisan bill that received a laid out some of the history of the is very experienced. So we should be unanimous vote from the committee

VerDate Mar 15 2010 22:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18SE7.REC S18SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11634 CONGRESSIONAL RECORD — SENATE September 18, 2007 upon its reporting to the floor of the Syria-Israel war or an Israeli strike on Ira- American commitment to global order, not Senate. Obviously, we have a great de- nian nuclear facilities might become more as a favor to the Baghdad government. bate here again on the issue of Iraq likely as Israel attempted to break the rad- It is possible that the present structure in with the consideration of several ical encirclement; Turkey and Iran would Baghdad is incapable of national reconcili- probably squeeze Kurdish autonomy. The ation because its elected constituents were amendments, so I hope we will be able Taliban in Afghanistan would gain new im- chosen on a sectarian basis. A wiser course to also dispose of those as quickly as petus. Countries where the radical threat is would be to place more emphasis on the possible. as yet incipient, such as India, would face a three principal regions and promote techno- As all of my colleagues know, we mounting domestic challenge. Pakistan, in cratic, efficient and humane administration have received the much anticipated the process of a delicate politica1 trans- in each. The provision of services and per- testimony of GEN David Petraeus and formation, would encounter more radical sonal security coupled with emphasis on eco- Ambassador Ryan Crocker, and the pressures and might even turn into a radicai nomic, scientific and intellectual develop- challenge itself. That is what is meant by ment may represent the best hope for fos- Senate now begins a debate of historic ‘‘precipitate’’ withdrawal—a withdrawal in proportions. In my opinion, at stake is tering a sense of community. More efficient which the United States loses the ability to regional government leading to a substantial nothing less than the future of Iraq, shape events, either within Iraq, on the decrease in the level of violence, to progress the Middle East, and the security of all antijihadist battlefield or in the world at toward the rule of law and to functioning Americans for decades to come. The large. markets could over time give Iraqis an op- Senate faces a series of stark choices: The proper troop level in Iraq will not be portunity for national reconciliation—espe- whether to build on the success of the discovered by political compromise at home. cially if no region is strong enough to impose To be sure, no ‘‘dispensable’’ forces should be surge and fight for additional gains or its will on the others by force. Failing that, retained there. Yet the definition of ‘‘dispen- the country may well drift into de facto par- whether to set a date for Americans to sable’’ must be based on strategic and polit- surrender in Iraq and thereby suffer tition under the label of autonomy, such as ical criteria. If reducing troop levels turns already exists in the Kurdish region. That the terrible consequences that will into the litmus test of American politics, very prospect might encourage the Baghdad ensue. As we consider each of the Iraq- each withdrawal will generate demands for political forces to move toward reconcili- related amendments filed on this bill, additional ones until the political, military ation. Much depends on whether it is pos- let us understand the enormous con- and psychological framework collapses. An sible to create a genuine national army rath- sequences of decisions that are taken appropriate Iraq strategy requires political er than an agglomeration of competing mili- direction. But the political dimension must tias. here. be the ally of military strategy, not a res- Henry Kissinger framed the debate in The second and ultimately decisive route ignation from it. to overcoming the Iraqi crisis is through a Washington Post article this week- Symbolic withdrawals, urged by such wise international diplomacy. Today the United end, saying: elder statesmen as Sens. John Warner and States is bearing the major burden for re- Richard Lugar, might indeed assuage the im- American decisions in the next few months gional security militarily, politically and mediate public concerns. They should be un- will affect the confidence and morale of po- economically in the face of passivity of the derstood, however, as palliatives; their util- tential targets, potential allies, and radical designated potential victims. Yet many ity depends on a balance between their ca- Jihadists around the globe. Above all, they other nations know that their internal secu- pacity to reassure the U.S. public and their will define the U.S. capacity to contribute to rity and, in some cases, their survival will he propensity to encourage America’s adver- a safer and better world. affected by the outcome in Iraq. That pas- saries to believe that they are the forerun- I ask unanimous consent to have the sivity cannot last. These countries must par- ners of complete retreat. ticipate in the construction of a civil soci- article by Dr. Kissinger from the Wash- The argument that the mission of U.S. ety, and the best way for us to foster those ington Post over the weekend printed forces should be confined to defeating ter- efforts is to turn reconstruction into a coop- in the RECORD at this time. rorism, protecting the frontiers, preventing erative international effort under multilat- There being no objection, the mate- the emergence of Taliban-like structures and eral management. staying out of the civil war aspects is also rial was ordered to be printed in the It will not be possible to achieve these ob- RECORD, as follows: tempting. In practice, it will be difficult to distinguish among the various aspects of the jectives in a single, dramatic move: The THE DISASTER OF HASTY WITHDRAWAL conflict with any precision. military outcome in Iraq will ultimately (By Henry A. Kissinger) Some answer that the best political result have to be reflected in some international Two realities define the range of a mean- is most likely to be achieved by total with- recognition and some international enforce- ingful debate on Iraq policy: The war cannot drawal. The option of basing policies on the ment of its provisions. The international be ended by military means alone. But nei- most favorable assumptions about the future conference of Iraq’s neighbors and the per- ther is it possible to ‘‘end’’ the war by ceding is, of course, always available. Yet nothing manent members of the U.N. Security Coun- the battlefield. The radical jihadist chal- in Middle East history suggests that abdica- cil has established a possible forum for this. lenge knows no frontiers; American decisions tion confers influence. Those who urge this A U.N. role in fostering such a political out- in the next few months will affect the con- course need to put forward their rec- come could be helpful. fidence and morale of potential targets, po- ommendations for action if what occurs are Such a strategy is the best path to reduce tential allies and radical jihadists around the dire consequences of an abrupt with- America’s military presence in the long run; the globe. Above all, they will define the drawal foreseen by the majority of experts an abrupt reduction of American forces will U.S. capacity to contribute to a safer and and diplomats. impede diplomacy and set the stage for more better world. The imperative is for bipar- The missing ingredient has not been a intense military crises down the road. tisan cooperation in a coordinated political withdrawal schedule but a political and dip- Pursuing diplomacy inevitably raises the and military strategy, even while the polit- lomatic design connected to a military strat- question of how to deal with Iran. Coopera- ical cycle tempts a debate geared to focus egy. The issue is not whether Arab or Mus- tion is possible and should be encouraged groups. lim societies can ever become democratic; it with an Iran that pursues stability and co- The experience of Vietnam is often cited as is whether they can become so under Amer- operation. Such an Iran has legitimate aspi- the example for the potential debacle that ican military guidance in a time frame for rations that need to be respected. But an awaits us in Iraq. But we will never learn which the U.S. political process will stand. Iran that practices subversion and seeks re- from history if we keep telling ourselves American exhortations for national rec- gional hegemony—which appears to be the myths about it. The passengers on American onciliation are based on constitutional prin- current trend—must be faced with lines it helicopters fleeing Saigon were not U.S. ciples drawn from the Western experience. will not be permitted to cross: The industrial troops but Vietnamese civilians. American But it is impossible to achieve this in a six- nations cannot accept radical forces domi- forces had left two years earlier. Vietnam month period defined by the ‘‘surge’’ in an nating a region on which their economies de- collapsed because of the congressional deci- artificially created state racked by the leg- pend, and the acquisition of nuclear weapons sion to reduce aid by two-thirds to Vietnam acy of a thousand years of ethnic and sec- by Iran is incompatible with international and to cut it off altogether for Cambodia in tarian conflicts. Experience should teach us security. These truisms need to be translated the face of a massive North Vietnamese inva- that trying to manipulate fragile political into effective policies, preferably common sion that violated every provision of the structures—particularly one resulting from policies with allies and friends. Vietnam Peace Agreement. American-sponsored elections—is likely to None of these objectives can be realized, Should America repeat a self-inflicted play into radical hands. Nor are the present however, unless two conditions are met: The wound? An abrupt withdrawal from Iraq frustrations with Baghdad’s performance a United States needs to maintain a presence would not end the war; it would only redirect sufficient excuse to impose a strategic dis- in the region on which its supporters can it. Within Iraq, the sectarian conflict could aster on ourselves: However much Americans count and which its adversaries have to take assume genocidal proportions; terrorist base may disagree about the decision to intervene seriously. The country must recognize that areas could reemerge. Lebanon might slip or about the policy afterward, the United whatever decisions are made now, multiple into domination by Iran’s ally, Hezbollah; a States is in Iraq in large part to serve the crises in Iraq, in the Middle East and to

VerDate Mar 15 2010 22:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18SE7.REC S18SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 18, 2007 CONGRESSIONAL RECORD — SENATE S11635 world order will continue after a new admin- bassador Crocker described how we are be done in different and in other istration takes office. Bipartisanship is a ne- finally getting it right. We finally have areas.’’ cessity, not a tactic. in place a counterinsurgency strategy, Some Senators would like to with- Mr. MCCAIN. Madam President, let one we should have been following from draw our troops from Iraq so we can us proceed with this debate, keeping in the beginning, which makes the most get back to fighting what they believe mind that the underlying bill, the Na- effective use of our strength and does to be the real war on terror. This, too, tional Defense Authorization Act, con- not advance the tactics of our enemy. is inaccurate. Iraq has become the cen- tains many non-Iraq provisions which This new strategy, backed by a tactical tral front in the global war on terror, constitute good defense policy and surge in troops, is the only approach and failure there would turn Iraq into which will strengthen the ability of our that has resulted in real security im- a terrorist sanctuary, in the heart of country to defend itself. That is why provements in Iraq. the Middle East, next door to Iran, the the committee voted unanimously to General Petraeus reported that the world’s largest state-sponsor of ter- report the bill, which fully funds the overall number of ‘‘security incidents’’ rorism. If we fail in Iraq, we will con- President’s $648 billion defense budget in Iraq has declined in 8 of the last 12 cede territory to jihadists to plan at- request, authorizes a 3.5-percent pay weeks and that sectarian violence has tacks against America and our friends raise for all military personnel, in- dropped substantially since the change and allies. The region could easily de- creases Army and Marine end-strength, in strategy. Civilian deaths nationwide scend into chaos, wider war, and geno- reforms the system that serves wound- are down by nearly half since Decem- cide, and we should have no doubt ed veterans, and provides necessary ber and have dropped by some 70 per- about who will take advantage. measures to avoid waste, fraud, and cent in Baghdad. Deaths resulting from The Iranian President has stated his abuse in defense procurement. It is a sectarian violence have come down by intentions bluntly. This is the same good bill. It is a bipartisan bill. I be- 80 percent since December, and the fellow who announced his dedication lieve we need to send it to the Presi- number of car bombings and suicide at- and his nation’s dedication to the ex- dent’s desk. tacks has declined in each of the past 5 tinction of the state of Israel the same While the Senate moved off the bill months. Anyone who has traveled re- President of the country that is export- in July and on to other things and then cently to Anbar or Diyala or Baghdad ing lethal explosive devices of the most went on to a month-long recess, Amer- can see the improvements that have lethal and dangerous kind into Iraq, ica’s soldiers, marines, sailors, and air- taken place over the past months. With killing American service men and men continued fighting bravely and te- violence down, commerce has risen, women. This President said this: naciously in Iraq in concert with their and the bottom-up efforts to forge Soon, we will see a huge power vacuum in Iraqi counterparts. Some Senators un- counterterrorism alliances are bearing the region. Of course, we are prepared to fill doubtedly welcomed the delay in con- tangible fruit. This is not to argue that the gap. sidering the Defense bill, believing that Baghdad or other areas have suddenly We cannot allow an Iranian domi- General Petraeus would deliver to Con- become safe—they have not—but such nated Middle East to take shape in the gress a report filled only with defeat positive developments illustrate Gen- context of wider war and terrorist and despair. If this was their hope, eral Petraeus’s contention that Ameri- safehavens. General Jones is just one of they were sorely disappointed. As we cans and Iraqi forces have achieved many distinguished national security all now know, General Petraeus and substantial progress. experts who warn against the con- Ambassador Crocker reported what There are many challenges remain- sequences of a precipitous withdrawal some of us argued before the bill was ing, and the road ahead is long and from Iraq. As Brent Scowcroft said, pulled 2 months ago: that the surge is tough. The Maliki government has not ‘‘The costs of staying are visible; the working, that we are making progress taken advantage of our efforts to en- costs of getting out are almost never toward our goals, and that success, able reconciliation and is not func- discussed . . . If we get out before Iraq while long, hard, and by no means cer- tioning as it must. While violence has is stable, the entire Middle East region tain, is possible. We are succeeding declined significantly, it remains high, might start to resemble Iraq today. only after 4 years of failures, years and success is not certain. We can be Getting out is not a solution.’’ Natan which have exacted an enormous cost sure, however, that should the Con- Sharansky has, written that a precipi- on our country and on the brave men gress choose to lose by legislating a tous withdrawal of U.S. forces ‘‘could and women who fight in Iraq on our be- date for withdrawal, and thus sur- lead to a bloodbath that would make half. render, or by mandating a change in the current carnage pale by compari- Some of us from the beginning mission that would undermine our ef- son.’’ And Henry Kissinger warns that, warned against the Rumsfeld strategy forts in Iraq, then we will fail for cer- ‘‘An abrupt withdrawal from Iraq of too few troops, insufficient retain. Make no mistake, the con- would not end the war; it would only sources, and a plan predicated on hope sequences of America’s defeat in Iraq redirect it.’’ rather than on the difficult business of will be terrible and long lasting. The proponents of withdrawal stabilization and counterinsurgency. There is in some corners a belief that counter that none of these terrible con- We lost years to that strategy, years we can simply turn the page in Iraq, sequences would unfold should any of we cannot get back. In the process, the come home, and move on to other their various proposals become law. On American people became saddened, things. This is dangerously wrong. If the contrary, they argue, U.S. forces frustrated, and angry. I, too, am heart- we surrender in Iraq, we will be back— could, when not engaged in training sick at the terrible price we have paid in Iraq and elsewhere—in many more the Iraqi forces, engage in targeted for nearly 4 years of mismanaged war. desperate fights to protect our security counterterrorism operations. But our But I also know America cannot sim- and at an even greater cost in Amer- own military commanders say that ply end this effort in frustration and ican lives and treasure. Two weeks ago, such a narrow approach to the complex accept the terrible consequences of de- General Jim Jones testified before the Iraqi security environment will not feat in Iraq. We cannot choose to lose Armed Services Committee and out- succeed, and that moving in with in Iraq. I believe we must give our com- lined what he believes to be the con- search and destroy missions to kill and manders the time and support they sequences of such a course: ‘‘a precipi- capture terrorists, only to immediately have asked for to win this conflict. tous departure which results in a failed cede the territory to the enemy, is a Ralph Peters, the distinguished mili- state in Iraq,’’ he said, ‘‘will have a sig- recipe for failure. How can they be so tary strategist, summed it up best, nificant boost in the numbers of ex- sure? It’s simple—this focus on train- noting that Congress’s failure to sup- tremists, jihadists, in the world, who ing and counterterrorism constitutes port General Petraeus: will believe that they will have toppled the very strategy that so plainly failed Would be a shame, since, after nearly 4 the major power on Earth and that all for the first four years of this war. To years of getting it miserably wrong in Iraq, else is possible. And I think it will not return to such an unsuccessful ap- we are finally getting it right. only make us less safe; it will make proach is truly ‘‘staying the course,’’ In 2 days of testimony and countless our friends and allies less safe. And the and it is a course that will inevitably interviews, General Petraeus and Am- struggle will continue. It will simply lead to our defeat and to catastrophic

VerDate Mar 15 2010 22:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18SE7.REC S18SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11636 CONGRESSIONAL RECORD — SENATE September 18, 2007 consequences for Iraq, the region, and of terrorism, and the hate crimes great Nation. The current conflicts in the security of the United States. issue—to try to get a handle on the the Middle East and Northern Ireland, General Petraeus and his com- problems of hate crimes, we are talk- the ethnic cleansing campaigns in Bos- manders have embraced a new strat- ing about domestic terrorism. We have nia and Rwanda, or the Holocaust itself egy, one that can, over time, lead to our men and women who are over in demonstrate that violence motivated success in Iraq. They are fighting Iraq and Afghanistan and around the by hate is a world-wide danger, and we smarter and better, and in a way that world fighting for American values. have a special responsibility to combat can give Iraqis the security and oppor- One of the values we have as Ameri- it here at home. tunity to make decisions necessary to cans is the recognition that we do not This amendment will strengthen the save their country from the abyss of believe individuals ought to be singled Defense Authorization Act by pro- genocide and a permanent and spread- out because of their race, religion or tecting those who volunteer to serve in ing war, and in a way that will safe- sexual orientation and be the subject of the military. The vast majority of our guard fundamental American interests. hate attack. soldiers serve with honor and distinc- They ask just two things of us: the This has been an ongoing and con- tion. These men and women put their time to continue this strategy and the tinuing issue for our country. At an- lives on the line to ensure our freedom support they need to carry out their other time, I will get into greater de- and for that, we are truly grateful. mission. They must have both, and I tail about the nature of the challenges Sadly, our military bases are not im- will fight to ensure that they do. we are facing on this particular issue. mune from the violence that comes As we engage in this debate, I hope We passed hate crime legislation at the from hatred. that each of us will recall our most sol- time of Dr. King, but it was somewhat In 1992, Allen Schindler, a sailor in emn allegiance, which is not to party restrictive in terms of its application. the Navy was viciously murdered by or politics but to country. I have heard We have been reminded about this two fellow sailors because of his sexual on this floor the claim that our efforts challenge probably most dramatically orientation. Seven years later, PFC in Iraq somehow constitute ‘‘Bush’s with Mr. Shepard out in the Wyoming Barry Winchell, an infantry soldier in war’’ or the ‘‘Republican war.’’ Nothing countryside, who was selected to be a the Army, was brutally slain for being could be farther from the truth. Presi- victim of a hate crime and suffered a perceived as gay. These incidents dents do not lose wars. Political par- horrific death. prompted the military to implement ties do not lose wars. Nations lose wars I, for one, and I think others do, un- guidelines to prevent this type of vio- and suffer the consequences, or prevail derstand we have voted on this on lence, but there is more that we can do. and enjoy the blessings of their suc- other Defense authorization bills. It We have to send a message that these cess. has been carried on other Defense au- crimes won’t be tolerated against any All of us want our troops to come thorization bills. I know my friend and member of society. home, and to come home as soon as colleague, Senator SMITH, would not A disturbing trend has also been dis- possible. But we should want our sol- have taken an unreasonable period of covered in the military. Last year, the diers to return to us with honor, the time. We have voted on this issue. We Southern Poverty Law Center reported honor of victory that is due all of those voted in 2004 and in 2000 on this issue. that members of hate groups have been who have paid with the ultimate sac- Members are familiar with the sub- entering into the military. As recruit- rifice. We have many responsibilities stance of the issue. So we don’t need a ers struggle to fulfill their quotas, they to the people who elected us, but one great deal of time. We are glad to co- are being forced to accept recruits who responsibility outweighs all the others, operate with the floor managers in may be extremists, putting our soldiers and that is to protect this great and terms of the time. at higher risk of hate motivated vio- good Nation from all enemies foreign I didn’t want to let the afternoon go lence. This can’t be tolerated. We must and domestic. by and leave any doubt. I have had the stem the tied of hatred and bigotry by This is a serious debate and one we opportunity to mention this to Senator sending a loud and clear message that engage at a time of national peril. The LEVIN on other occasions. I mentioned hate crimes will be punished to the Americans who make the greatest sac- it, as well, to our majority leader, Sen- fullest extent of the law. rifices have earned the right to insist ator REID, who has been supportive. I Since the September 11 attacks, that we do our duty, as best we can and know Senator LEVIN has been sup- we’ve seen a shameful increase in the remember to whom and what we owe portive of the substance of it. It seems number of hate crimes committed our first allegiance—to the security of to me we are talking about Defense au- against Muslims, Sikhs, and Americans the American people and to the ideals thorization and we are talking effec- of Middle Eastern descent. Congress upon which our Nation was founded. tively about the national security and has done much to respond to the vi- The PRESIDING OFFICER. The Sen- about the values of our country and cious attacks of September 11. We have ator from Massachusetts is recognized. why our men and women are involved authorized the use of force against ter- Mr. KENNEDY. Madam President, in defending our country and these val- rorists and those who harbor them in earlier in the day, there was the at- ues. Certainly, we ought to be able to other lands. We have enacted legisla- tempt of my friend and colleague, Sen- say, as we are dealing with the problem tion to provide aid to victims and their ator SMITH, to at least try to propose of hatred and violence around the families, to strengthen airport secu- an amendment that deals with hate world, that we will battle hatred and rity, to improve the security of our crimes and try to get it into an order violence as it is applied here at home. borders, to strengthen our defenses and to be able to have consideration of As I mentioned, at another time I against bioterrorism, and to give law that amendment during the Defense will go into detail on the history of the enforcement and intelligence officials authorization bill. There has been ob- legislation and, again, the reasons for enhanced powers to investigate and jection. I can understand the impor- it and the facts on this particular issue prevent terrorism. tance of the underlying amendment. I in recent times. Protecting the security of our home- certainly believe that underlying At a time when our ideals are under land is a high priority, and there is amendment has great significance and attack by terrorists in other lands, it more that we should do to strengthen importance, and we are going to have is more important than ever to dem- our defenses against hate that comes an opportunity, I believe, tomorrow to onstrate that we practice what we from abroad. There is no reason why vote on it. preach, and that we are doing all we Congress should not act to strengthen I wish to indicate I have every inten- can to root out the bigotry and preju- our defenses against hate that occurs tion, with Senator SMITH, of offering at dice in our own country that leads to here at home. some time the hate crimes legislation. violence here at home. Hate crimes are a form of domestic I know the question comes up: Why are Crimes motivated by hate because of terrorism. They send the poisonous we offering hate crimes legislation on a the victim’s race, religion, ethnic message that some Americans deserve Defense authorization bill? The answer background, sexual orientation, dis- to be victimized solely because of who is very simple: The Defense authoriza- ability, or gender are not confined to they are. Like other acts of terrorism, tion bill is dealing with the challenges the geographical boundaries of our hate crimes have an impact far greater

VerDate Mar 15 2010 22:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18SE7.REC S18SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 18, 2007 CONGRESSIONAL RECORD — SENATE S11637 than the impact on the individual vic- we hope to take action relative to the spend our time on the committee. I be- tims. They are crimes against entire Graham amendment. There are some lieve given our past history, I say to communities, against the whole na- discussions going on relative to that the chairman, that it is very possible tion, and against the fundamental amendment. Then, hopefully, we would we could dispose of this bill by the end ideals on which America was founded. promptly move to take up the Webb of the week. One of the reasons why They are a violation of all our country amendment. It is the intention of this the chairman and I both made the ar- stands for. manager that the Webb amendment gument to our colleagues to get it done Since the September 11 attacks, the then be called up immediately after is because we have to go to conference Nation has been united in our effort to the disposition of, first, the Specter- with the House, the other body, which root out the cells of hatred around the Leahy-Dodd cloture vote and then the has a number of different provisions world. We should not turn a blind eye Graham amendment, and it is my in- that have to be reconciled. Then we to acts of hatred and terrorism here at tention that Senator WEBB then have have to get it to the President’s desk, home. his amendment called up. I believe and October 1 is the beginning of a new Attorney General Ashcroft put it Senator WEBB will be ready to proceed fiscal year. So I hope our colleagues all well when he said: at that time. appreciate the urgency. Just as the United States will pursue, pros- The PRESIDING OFFICER. The Sen- One of the provisions of this legisla- ecute, and punish terrorists who attack ator from Arizona. tion is the Wounded Warriors. We were America out of hatred for what we believe, Mr. MCCAIN. Madam President, will all appalled at the conditions at Walter we will pursue, prosecute and punish those the distinguished chairman yield for a Reed. That is why we in the com- who attack law-abiding Americans out of ha- question? mittee, with some guidance from a dis- tred for who they are. Hatred is the enemy of Mr. LEVIN. I will be happy to yield. tinguished commission—a lot of guid- justice, regardless of its source. Mr. MCCAIN. Madam President, it is ance from a distinguished commission, Now more than ever, we need to act my understanding in my conversations headed by Senator DOLE and former against hate crimes and send a strong with the chairman, we are moving for- Secretary Shalala. These are very im- message here and around the world ward in narrowing down amendments portant issues for the medical care of that we will not tolerate crimes fueled so we have an additional managers’ the men and women who are serving. It by hate. package so we have a manageable num- will not happen unless we get this leg- The Senate should not hesitate in ber of amendments that need to be de- islation passed. So we are kind of ask- condemning countries that tolerate bated and voted on, and we will try to ing for a higher calling here to under- crimes motivated by the victim’s race, get time agreements on those, as well stand the necessity to get this bill to religion, ethnic background, sexual ori- as the Iraqi amendments. the President’s desk before the October entation, disability, or gender. Hate is Mr. LEVIN. The Senator is correct. I 1. hate regardless of what nation it origi- did fail to mention that the leaders are Of course, we can have a continuing nates in. We can send a strong message meeting to see if there can’t be a unan- resolution. We have done that, not on about the need to eradicate hate imous consent agreement worked out the DOD bill, as I recall. I don’t know crimes throughout the world by pass- relative to the Iraq amendments. Sen- if the chairman recalls it. That, obvi- ing this hate crimes amendment to the ator REID described that proposed ously, does not do what these thou- Defense Department Authorization unanimous consent agreement, but sands of hours of hard work on our part Bill. that is going on. and on the part of the military leaders We should not shrink now from our The Senator from Arizona is correct, and the members of staff do. It is my fine hope, I say to the chair- role as the beacon of liberty to the rest we are going to seek to reduce the man, that we are able to finish this bill of the world. The national interest in number of amendments that require this week with the cooperation of all condemning bias-motivated violence in rollcalls. We are going to seek time involved. the United States is great, and so is agreements. We have a huge number of our interest in condemning bias-moti- I yield the floor. amendments which have been filed, in Mr. LEVIN. Madam President, while vated violence occurring world-wide. the two hundreds. We made some we hope the Senator from Arizona is The hate crimes amendment we are progress because we disposed of 50 right and we can complete the bill this offering today condemns the poisonous amendments the other day. week, we also are aware of the fact message that some human beings de- We very much thank Senator that on Friday, we do have to leave serve to be victimized solely because of MCCAIN, by the way, and his staff, and here somewhat early because of the their race, religion, or sexual orienta- Senator WARNER, for the efforts they Jewish holidays. That will be only part tion and must not be ignored. This ac- are putting into this legislation. Sen- of the day. I hope we can make tremen- tion is long overdue. When the Senate ator MCCAIN is a very easy person with dous progress this week. It may be a approves this amendment, we will send whom to work. We are used to having bit optimistic in terms of finishing it a message about freedom and equality people on the committee who are both this week. That is going to depend on that will resonate around the world. chairman and ranking member, regard- the cooperation of our colleagues. We I suggest the absence of a quorum. less who is in control of the committee, have hundreds of amendments. We need The PRESIDING OFFICER. The work on a bipartisan basis. Senator colleagues who can clear many of clerk will call the roll. MCCAIN is surely in that tradition. We them, and we need time agreements on The legislative clerk proceeded to are grateful for that effort. the rest. It depends on our colleagues. call the roll. The PRESIDING OFFICER. The Sen- We are going to do everything we can Mr. LEVIN. Madam President, I ask ator from Arizona. to continue a great tradition here. May unanimous consent that the order for Mr. MCCAIN. Madam President, I I say, this is the 46th year in a row that the quorum call be rescinded. thank the distinguished chairman for the authorization bill has come to the The PRESIDING OFFICER. Without his kind remarks. All things consid- floor, and we are not going to break objection, it is so ordered. ered, I would rather the situation be the record of having an authorization Mr. LEVIN. Madam President, first, I reversed, but I certainly do appreciate for every one of those previous 45 concur with something Senator the opportunity. years. We always had it because of the MCCAIN said which is that the floor is One of the nice things about this provisions of the bill which are so im- open now for people to come down and body is that over a 20-year period, the portant—the pay and benefits and the speak, either on the bill, on the pend- Senator from Michigan and I have had support of not only our troops but also ing habeas corpus amendment, or on the honor of working together on be- their families. any other matter on which they wish half of this Nation’s defense on this When the Senator from Arizona made to speak. There will be no more votes very important committee, the Armed reference to the Wounded Warriors leg- today, I am authorized to say. Also, Services Committee. One of the pre- islation, I know our Presiding Officer, there will be a cloture vote tomorrow vious chairman’s statues presides in Senator MCCASKILL, because of her ac- at approximately 10:30 a.m. on the the office named after him—the office tive role and participation in that leg- Specter-Leahy-Dodd amendment. Then in which we both work and where we islation, understands precisely what we

VerDate Mar 15 2010 22:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18SE7.REC S18SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11638 CONGRESSIONAL RECORD — SENATE September 18, 2007 are saying. That legislation is so im- immigration issue. The answer is sim- Incidentally, the dropout rate for portant that it is not only in the bill ple: The DREAM Act would address a legal immigrants is 21 percent and for but it is in a separate bill which was very serious recruitment crisis facing native-born Americans, 11 percent. So passed that is now awaiting, hopefully, our military. Under the DREAM Act, already these young people would have a resolution between the Senate and tens of thousands of well-qualified po- to beat the odds and graduate from the House. But in any event, the Sen- tential recruits would become eligible high school to even qualify to be con- ator is correct, the presence of that for military service for the first time. sidered. legislation in this bill may be the They are eager to serve in the armed They have also demonstrated the greatest assurance we have that legis- services, and under the DREAM Act, kind of determination and commit- lation is going to become law. There they would have a very strong incen- ment that makes them successful stu- are a lot of reasons, hundreds of rea- tive to enlist because it would give dents and points the way to significant sons, why we need this authorization them a path to permanent legal status. contributions they will make in their bill passed. That is surely one of the First, let us look at the recruitment lives. They are junior ROTC leaders, most important ones, one that has had crisis we face today. Largely due to the honor roll students, and valedictorians. the support of so many of our Mem- wars in Iraq and Afghanistan, the They are tomorrow’s soldiers, doctors, bers. So many of our Members and our Army is struggling to meet recruit- nurses, teachers, Senators, and Con- Veterans’ Affairs Committee have been ment quotas. Because of these recruit- gressmen. so active with that legislation as well. ment difficulties, the Army is accept- Over the years, I have had a chance I join in the comments of my good ing more applicants who are high to meet a lot of these DREAM Act friend from Arizona and hope our col- school dropouts, have low scores on kids. That is what they call them- military aptitude tests, and, unfortu- leagues will come to the floor now. We selves, incidentally. Let me give you nately, have criminal backgrounds. one example. Oscar Vasquez was can take up matters. We can get unani- The statistics tell the story. In 2006, brought to Phoenix, AZ, by his parents mous consent. We can even set aside almost 40 percent of Army recruits had when he was 12 years old. He spent his pending matters. There are things we below-average scores on the military high school years in Junior ROTC and can do this afternoon. I do hope our aptitude test. That is the highest rate dreamed of one day enlisting in the colleagues will come to the floor and of students with low scores since 1985. U.S. military. At the end of his junior give their speeches on habeas corpus or In 2006, almost 20 percent of Army re- year, the recruiting officer told Oscar other subjects. cruits did not have a high school de- he was ineligible for military service I suggest the absence of a quorum. gree. This is the highest rate of high because he was undocumented. He was The PRESIDING OFFICER. The school dropouts enlisting in the Army devastated. clerk will call the roll. since 1981. By comparison, from 1984 to But he found another outlet for his The assistant legislative clerk pro- 2004, 90 percent or more of Army re- talent. Oscar, because of the help of ceeded to call the roll. cruits had high school diplomas. Why Mr. DURBIN. Madam President, I ask two energetic science teachers, was en- does this matter? The Army said itself unanimous consent that the order for rolled in a college division robot com- that high school graduation is the best petition sponsored by the National the quorum call be rescinded. single predictor of ‘‘stick-to-itiveness’’ The PRESIDING OFFICER. Without Aeronautics and Space Administration. that is required to succeed in the mili- objection, it is so ordered. With three other undocumented stu- tary and in life. Mr. DURBIN. Madam President, I Charles Moskos, a Northwestern Uni- dents, Oscar worked for months in a rise today in the course of this Defense versity sociologist, is an expert in mili- windowless storage room in his high authorization bill to discuss an amend- tary culture, and he says: school and tested their invention at a ment which I am working on and pre- The more dropouts who enlist, the more scuba training pool on the weekends. paring to offer. It is an important discipline problems the Army is likely to Competing against students from MIT amendment to this bill. It is a criti- have. and other top universities, Oscar’s cally important amendment for our Even more disturbing, the number of team won first place in this robot com- Nation. It is an amendment known as so-called moral waivers for Army re- petition. the DREAM Act. cruits who have committed crimes has Oscar has since graduated from high The DREAM Act is a narrowly tai- increased by 65 percent in the last 3 school. You know what he does? He is lored bipartisan measure that I have years, from 4,918 in 2003 to 8,129 in 2006. not in the military. He is not using his sponsored with Republican SENATOR Many of these waivers are for serious scientific skills. He is an undocu- CHUCK HAGEL of Nebraska, Republican crimes—aggravated assault, burglary, mented person in America. He hangs Senator DICK LUGAR of Indiana, and in robbery, and even vehicular homicide. sheetrock for a living. It is the best job past years with Senator ORRIN HATCH In fact, individuals with criminal back- he could get without a college edu- of Utah. It would give a select group of grounds were 11.7 percent of the 2006 re- cation or the opportunity to enlist in students in America a chance to be- cruiting class. Now, in contrast, under the military. He wants to save his come permanent residents only if they the DREAM Act, all recruits would be money in hopes that someday—just came to this country as children, are well-qualified high school graduates someday—the door will open and give long-term U.S. residents, have good with good moral character. him a chance to be part of this Nation, moral character, and enlist in the mili- Let me tell you how the DREAM Act the only Nation he has really ever tary or attend college for at least 2 would work. Currently, our immigra- known. Couldn’t we use his talent? years. The DREAM Act is supported by tion laws prevent thousands of young Couldn’t the military use someone like a large coalition in the Senate, and people from pursuing their dreams and Oscar? The DREAM Act would help also by military leaders, religious lead- really becoming part of America’s fu- students just like him. It is designed to ers, and educators from across the po- ture. Their parents brought these chil- assist only a select group of students litical spectrum and around the coun- dren to the United States when they who would be required to earn their try. were under the age of 16. For many, it way to legal status. During the 109th Congress, the is the only home they know. They are Now, the fundamental premise of the DREAM Act was adopted unanimously fully assimilated into American soci- DREAM Act is that we shouldn’t pun- as an amendment to the immigration ety. They really don’t want much more ish children for the mistakes their par- reform legislation that passed in the than just to be Americans and to have ents made. That isn’t the American Senate. In the 108th Congress, the a chance to succeed. They have beaten way. The DREAM Act says to these DREAM Act was the only immigration the odds all of their young lives. The students: America is going to give you reform proposal reported to the Senate kids who would be helped by the a chance. It won’t be easy, but you can floor on a bipartisan 16-to-3 vote by the DREAM Act face a high school dropout earn your way into legal status. We Senate Judiciary Committee. rate among undocumented immigrants will give you the opportunity if you Now, obviously, in the midst of the of 50 percent. So it is a 50–50 chance meet the following requirements: if Defense authorization bill, some people that they would even qualify to be part you came to the United States when question why one might bring up an of this act. you were 15 years old or younger, if you

VerDate Mar 15 2010 22:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18SE7.REC S18SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 18, 2007 CONGRESSIONAL RECORD — SENATE S11639 have lived here at least 5 years, are of country. It is a gift to America that military . . . Yet many of these young peo- good moral character, and you grad- once having served, they will come ple may wish to join the military, and have uate from high school and then serve in back as proud Americans, voting and the attributes needed—education, aptitude, the military or attend college for at living in this country. It is a gift to fitness and moral qualifications. . . . least 2 years. America that they will use their skills The Under Secretary went on to say: The DREAM Act doesn’t mandate and talent to make this a greater na- . . . the DREAM Act would provide these military service. There is a college option. For my colleagues to come to the young people the opportunity of serving the tion. A student who is otherwise eligi- floor and call this amnesty is to, in United States in uniform. ble could earn legal status that way. It some ways, denigrate the fantastic sac- Military experts agree. Margaret would be inconsistent with the spirit of rifice these young people would be will- Stock, a professor at West Point, said: our volunteer military to force young ing to make, who serve in the military Passage of the DREAM Act would be high- people to enlist as a condition for ob- to become citizens. ly beneficial to the U.S. military. The taining legal status, but the DREAM I will concede this is not the only DREAM Act promises to enlarge dramati- Act creates strong incentives for mili- path to citizenship under this DREAM cally the pool of highly qualified recruits for tary service. Act. Those who finish 2 years of college the U.S. Armed Forces . . . passage of this bill could well solve the Armed Forces en- Many DREAM Act kids come from a would also have a chance. I think that listment recruiting woes. demographic group that is already pre- is only fair. To make this contingent Do you know what we are offering to disposed to serve the United States in only on military service I think would young people now to enlist in our mili- the military. A 2004 survey by the create a situation which is not con- tary? For many of them, a $10,000 cash RAND Corporation found that 45 per- sistent with a volunteer military. I bonus, right out of high school, if they cent of Hispanic males and 31 percent hate to see us lose these young men will enlist in the military. And if they of Hispanic females between ages 16 and women who want to be part of will show up within 6 weeks, we double and 21 were very likely to serve in the America and are willing to risk their it to $20,000, the largest cash incentive Armed Forces, compared to 24 percent lives for that opportunity. of White males and 10 percent of White A recent study by the Center for we have ever offered. These young peo- females. Naval Analysis concluded ‘‘non-citizens ple aren’t looking for a cash incentive. It is important to note that immi- have high rates of success while serv- All they want is a chance to fight for grants have an outstanding tradition of ing in the military—they are far more America, to defend our country and to service in the military. There are cur- likely, for example, to fulfill their en- become part of our Nation’s future. rently 35,000 noncitizens serving in the listment obligations than their U.S.- Conservative military scholar Max military and about 8,000 more will en- born counterparts.’’ Boot agrees. When asked about the list each year. These are not citizens; The study also concluded there are DREAM Act, he said: they are legal residents who are willing additional benefits to enlisting nonciti- It’s a substantial pool of people and I think to serve our country. zens. For example, noncitizens ‘‘are it’s crazy we are not tapping into it. I have met them. The second trip I more diverse than citizen recruits—not These experts are right. The DREAM made to Iraq was to a Marine Corps just racially and ethnically, but also Act kids are ideal recruits. They are base west of Baghdad. They lined up a linguistically and culturally. This di- high school graduates, they have good group of young marines from Illinois to versity is particularly valuable as the moral character, and they desperately whom I could say hello. It was a hot United States faces the challenges of want to serve America. At the time and dusty day. They stood there wait- the global war on terrorism.’’ when the military has been forced to ing for this Senator to show up. The The DREAM Act is not just the right unfortunately lower many of its stand- last one of them in line was a young thing to do; it would be good for Amer- ards to meet recruitment targets, we Hispanic man from Chicago named ica. The DREAM Act would allow a should not underestimate the signifi- Jesus. Jesus had with him a brown en- generation of immigrants with great cance of these young people as a na- velope. He said: Senator, I would like potential and ambitions to contribute tional security asset. to ask you a favor. He said: I enlisted to the military and other sectors of This is the choice the DREAM Act in the Marines and I am glad to be a American society. presents us. We can allow a generation marine, but the one thing I would like I am not just speaking for myself of immigrant students with great po- to do someday is to vote. I am not a here, as the sponsor of this legislation. tential and ambition to contribute citizen and, he said, I need a chance. He The Department of Defense recognizes more to America, or give them the fu- said: I hope you can help me get a it, and we have worked with them. Bill ture of living in the shadows, uncertain chance to become a U.S. citizen. Carr, the Acting Under Secretary of about what they can do, uncertain I said to myself, what more could we Defense for Military Personnel Policy, about where life will lead them. ask of this young man? He volunteered recently said the DREAM Act is ‘‘very I am going to urge my colleagues to for the U.S. Marine Corps to go to a appealing’’ to the military because it support this legislation and I hope they battle zone and risk his life for Amer- would apply to the ‘‘cream of the crop’’ will, for a moment, pause and reflect. ica. of students, in his words. Mr. Carr con- There have been a lot of things said I listen to speeches on the floor here. cluded the DREAM Act would be ‘‘good about immigration during the course of My friend from Alabama, Senator SES- for [military] readiness.’’ this debate. I look back on this issue as SIONS, comes to the floor on a regular On the Defense authorization bill, I one who doesn’t come to it objectively. basis and criticizes the DREAM Act. don’t believe it is unusual or improper I am the son of an immigrant. My He criticizes this bill that would give for us to consider a bill that a leader in mother came to this country as a young people who are undocumented the Department of Defense said would young girl at the age of 2 from Lith- and graduate from high school, of good be good for military readiness. uania. Her naturalization certificate moral character, without a criminal Last year at a Senate Armed Serv- sits behind my desk upstairs. She be- background, who want to serve our Na- ices Committee hearing on the con- came a naturalized citizen at the age of tion in the military on their path to tributions of immigrants to the mili- 25. She lived long enough to see me becoming legal. He criticizes this bill. tary, David Chu, the Under Secretary sworn into the Senate, and I was so He calls it amnesty. of Defense for Personnel and Readiness, proud of that day and so proud to be a Do you know what, an amnesty is a said: Senator from the State of Illinois. giveaway. Amnesty is a card to pass There are an estimated 50,000 to 65,000 un- I believe in immigration. I believe ‘‘Go’’ and collect $200 in America. Do documented alien young adults who entered the diversity of America is our you think those who would volunteer the United States at an early age and grad- strength; that Black, White, and for the military, who are willing to uate from high school each year, many of Brown, from every corner of this Earth whom are bright, energetic and potentially risk their lives for our country, are interested in military service. They include we have come together to create some- going to receive amnesty? Is this a many who participated in high school Junior thing no nation on Earth can rival. gift? It is a gift to America that they ROTC programs. Under current law, these There are those who will always see are willing to risk their lives for our young people are not eligible to enlist in the immigration differently, those who

VerDate Mar 15 2010 22:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18SE7.REC S18SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11640 CONGRESSIONAL RECORD — SENATE September 18, 2007 will question it, and those who will be chance to serve and a chance to excel. and the United States, including com- critical. For those people, I ask them It will make their lives better and mand of a battalion in the 101st Air- to step back and take an honest look make America a better nation. borne Division, as well as a brigade in at this. Step back and take an honest I yield the floor. the 82nd Airborne Division. look at these young people, meet them, The PRESIDING OFFICER. The Sen- He was the aide to the Chief of Staff sit down with them, as I have. They ator from North Dakota. of the Army; battalion, brigade, and di- will bring tears to your eyes when they (The remarks fo Mr. CONRAD and Mr. vision operations officer; he has done it talk to you about how hard they are GREGG pertaining to the introduction all. He was the Executive Assistant to working to make it in this country. of S. 2063 are printed in today’s RECORD the Chairman of the Joint Chiefs of They don’t get many of the breaks under ‘‘Statements of Inroduced Bills Staff. which other kids get, but they keep on and Joint Resolutions.’’) He was the top graduate—not one of trying. The PRESIDING OFFICER. The Sen- the top graduates, but the top grad- One of my friends is getting his grad- ator from Oklahoma. uate—of the U.S. Army Command and uate degree in microbiology at the Uni- Mr. INHOFE. Madam President, first General Staff College. He earned versity of Chicago. He keeps going to of all, let me say I applaud both of the M.P.A. and Ph.D. degrees from Prince- school because, as he said: Senator, I Senators who are working in an exem- ton University. We are talking about a don’t know what to do when I get out plary way to try to achieve something Ph.D. from Princeton University. This of school. I am not a legal American. I that is very difficult to achieve. I ap- is not an ordinary officer. This is a am undocumented. My dream is to plaud them for their effort. man with incredible credentials. work for a pharmaceutical company, to Madam President, what is the pend- He has won multiple awards and do medical research one day. Can we ing business? decorations, including being recognized afford to let him go? Can we afford to The PRESIDING OFFICER. The by US News & World Report as one of turn our back on what he will bring to pending amendment is amendment No. America’s 25 best leaders in the year America? 2022 offered by the Senator from Michi- 2005. It is interesting to me, before the end gan. He is our top military commander in of this year we are likely to debate H– Mr. INHOFE. All right. Madam Presi- Iraq and commander of the Multi-Na- 1B visas. The debate behind H–1B visas dent, I ask unanimous consent to set tional Force-Iraq, confirmed by the is that we don’t have a large talent the pending amendment aside for the Senate as the right man for the job. He pool in America. We need to bring the purpose of considering my amendment was confirmed, I might add, unani- best and brightest from India, from No. 2271 and then to revert back to this mously by the Senate. Asia, from Africa, and from Europe. We pending amendment. It is my under- The very day General Petraeus sat need to bring them in so our companies standing that this amendment is one of before Congress to offer his latest rein America, starved for talent, that 10 amendments that is going to be con- port, MoveOn.org ran a full-page ad in can’t find it here, could find it in these sidered. the New York Times attacking his visa holders coming in from foreign The PRESIDING OFFICER. Is there message before they even heard his countries. We will let them work for 3 objection? message. years or 6 years. Some them may try to The Senator from North Dakota. The ad accused General Petraeus of stay. Some of them will go home. Mr. CONRAD. Madam President, I ‘‘Cooking the Books for the White But if we are at a point where we am constrained to object on behalf of House’’ and called him ‘‘a military man don’t have a large enough talent pool the managers of the bill. constantly at war with the facts.’’ in America, can we honestly say that The PRESIDING OFFICER. Objec- Their shameless attack on his char- these young people, the people who tion is heard. acter did not stop there. They accused would be benefitted by the DREAM Mr. INHOFE. All right. him of being a traitor, calling him Act, are a talent we can waste? I don’t Mr. President, I ask unanimous con- ‘‘General Betray Us.’’ think so. sent that I be recognized as in morning Well, anyway, MoveOn.org’s attempt Just last year I was eating in a res- business. to discredit General Petraeus is deplor- taurant in Chicago. It is a pretty fa- The PRESIDING OFFICER (Mr. able, and I join with other Members of mous breakfast place called Ann SALAZAR). Without objection, it is so the Senate in condemning its actions. Suther’s. Tom Tully is an alderman for ordered. I have no issue with news agencies or the city of Chicago, and his family Mr. INHOFE. Mr. President, there individuals offering and debating op- owns the restaurant. He introduced me has been a lot of discussion since last posing views. That is what we do on to a young man with an apron on. He week when MoveOn.org, with a very this floor every day. However, called him Juan and he said: Juan, liberal antiwar stance—which we un- MoveOn.org crossed the line when they come over and meet the Senator. He derstand has been their position for ran the ad attacking the motives and explained to me that Juan, who came quite some time, raising millions of honor of our No. 1 commander on the to this country illegally, was allowed dollars for various Democratic Party ground in Iraq. to stay and become a citizen under the candidates—ran an ad. Up until the I support Senator LIEBERMAN’s con- amnesty that was offered by President September 10 ad in the New York demnation of MoveOn.org’s attempt at Reagan 20 years ago. Juan went on to Times calling General Petraeus ‘‘Gen- character assassination, and I call on get an engineering degree and went on eral Betray Us,’’ MoveOn.org seemed to them to retract their scurrilous ad to work with an engineering firm, but be in line with the Democrat’s public with another full-page ad apologizing because he remembers that this res- statements supporting the troops but for their error in judgment. But they taurant offered him a chance to wash opposing the war. would not do it. You know they would dishes when nobody else would give It is my understanding my good not do it. Still, we can try. They don’t him a job, he shows up every once in a friend, the junior Senator from Texas, have the character to do it. while on a Saturday and works for a is going to be having a resolution that While no American is above scrutiny, few hours for nothing, just to be will be coming up shortly. I want a this was clearly a calculated move on around his old friends. chance to talk a little bit about that the part of this organization to under- Those are heart-warming stories and resolution. mine the noble efforts of this patriot to there are many of them out there. I I believe that MoveOn.org’s ad execute his duties that we in Congress know there are people who seriously crossed the line by attacking the char- unanimously sent him to accomplish. question whether immigration can be acter and integrity of America’s top It amazes me how far some will go to debated successfully on the floor of the military leader in Iraq. root for American failure in Iraq. Senate. I am hoping it can be and I am General Petraeus is a man of honor, MoveOn.org clearly placed their polit- hoping my colleagues on the Demo- honesty, and integrity. He is a West ical agenda ahead of the best interests cratic side and the Republican side will Point graduate. He has held leadership of the United States and particularly join me in this bipartisan effort for positions in airborne, mechanized, and the men and women of the military these young people, to give them a air assault infantry units in Europe when they chose to run that ad.

VerDate Mar 15 2010 22:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18SE7.REC S18SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 18, 2007 CONGRESSIONAL RECORD — SENATE S11641 Now, something interesting hap- few months before or prior to the Iraqis are realizing that al-Qaida pened. A reporter from the Washington surge. They are guarding critical infra- does not offer a long-term vision of Post came up with this, did a little restructure and working side by side hope or an opportunity for them any search. According to the director of with the U.S. forces. more than it would for the average Cal- public relations for the New York I saw the anti-American messages at ifornian or New Yorker or Oklahoman. Times, the open rate for an ad of that the mosques. Our intelligence goes into A backlash and rebellion against al- size and type is $181,000. According to a the mosques for each of their weekly Qaida has been going on over the last 6 September 14 Washington Post article, meetings. Up through December of this months in places such as Anbar Prov- the New York Times dramatically past year, they averaged that 85 per- ince and Babil Province south of Bagh- slashed its normal rates for the full- cent of the messages were anti-Amer- dad. When the tribal leaders and clerics page ad. ican messages. Since April of this year, in Anbar made the conscious decision A spokesman for MoveOn.org con- there have been no anti-American mes- to reject al-Qaida, they virtually over- firmed to the Post they paid only sages. I guess I learned something that night transformed their province into a $65,000 for the ad. The Post reporter no one else seems to agree with; that model for the rest of the country to called the Times advertising depart- is, we spend entirely too much time emulate. The ‘‘concerned citizens’’ of ment without identifying himself and talking about the political leaders, Babil Province—I was there—recog- was quoted a price of $167,000 for a full- when the religious leaders are the ones nized the progress made in Anbar and page black-and-white ad on a Monday. responsible for these major changes. decided they wanted to do the same The New York Times refused to offer These are the ones who are standing in thing. So it is spreading. It is spreading any explanation for why the paper the mosques and talking about Ameri- into areas even up toward Tikrit, the would give them a rate one-third of cans and the coalition forces as their hometown of Saddam Hussein. their published rate. allies, not as adversaries, as they were So al-Qaida understands the impor- Now, my first visit to Iraq was in Au- before. tance of the collective American will gust of 2003, and my latest visit was on I visited the Joint Security Stations when it comes to prosecuting the war the August 30, 2007. The Iraq I saw last in Baghdad. It used to be our kids on terror. They understand they have time is not the Iraq I visited in 2003. I would go out on a mission during the absolutely no chance of winning this would like to say also that between daytime, and they would come back at war over the long run militarily. They those years I have actually been to the night to the green zone. They do not do understand their only chance of achiev- Iraqi AOR, area of operations, some 15 that anymore. These Joint Security ing victory is to get the American peo- times. During that period of time I Stations—even as to the report that ple to call for a withdrawal. If we pull have seen these things. came in, our goal was to have 34, and out of the fight, they win. There is no I knew what General Petraeus was there are now 32 of those Joint Secu- other way to characterize it. This is a going to say when he came here last rity Stations. These guys go out, and strategic military objective for them. week because I was with him a few instead of coming back, they sit and Like with any military objective, they days before that. I read General become friends with the Iraqis and ac- have developed a tactic to achieve it. Petraeus’s and Ambassador Crocker’s tually sleep in the homes of the Iraqi Their tactic in this case is to tear away the American will to win by commit- prepared statements and listened insecurity forces. tently to their testimonies. I compared I watched the surge operations take ting horrific and brutal attacks against their assessment with the assessments effect, visited a former al-Qaida sanc- innocent victims. They understand I have made over the past 4 years vis- tuary, and saw a strengthening of Iraqi that Americans agonize over the pic- iting Iraq. It appears our assessments forces resulting in an increase in bur- tures and the news reports of those atrocities. are based on similar events that have den sharing. Let there be no doubt about it, our occurred in Iraq. I observed a steady decrease in the will as Americans to fight for freedom I watched Ramadi as it changed. You number of attacks in Anbar from 40 to and democracy around the world is might remember a year ago they less than 10 a day. under attack by a brutal and ruthless claimed Ramadi was going to become I visited the markets. There is a lot enemy. That enemy would be the terrorist capital of the world. of talk about that. A lot of people go emboldened by a victory in Iraq. Iraq Ramadi is now totally secured. and visit the markets with all kinds of would become a safe haven for terror- I visited Fallujah. I have been there protection. I went to the markets with- ists and extremists from which they several times. I was there during all out any protection, and I talked, can launch their wicked atrocities the elections. I watched those Iraqi se- through an interpreter, to people. I around the world. curity forces go and vote. I watched picked out people holding babies, and We could accept the offer of Iran’s the American marines go door to door they were all glad to see us. President to step in and fill the vacu- World War II style. Fallujah now— I met with U.S. and coalition leaders um. He has clearly said: If the Ameri- which was the hotbed in Anbar Prov- and commanders, Iraqi leaders and cans pull out, we go in. However, this ince of Iraq—is now under total secu- commanders, and local civilian groups offer comes from a man who has vowed rity, and not with U.S. forces but with on each trip. the extermination of the Jewish State Iraqi security forces. I watched the political, economic, of Israel, and he has vowed to expand I visited Patrol Base Murray, south and diplomatic growth over time. It his nuclear program and clearly puts of Baghdad, and met with local Iraqis has been uneven and frustrating, but it us in jeopardy of being held hostage. who came forward and established pro- has been a movement in the right di- It is not in the American ethic to visional units of neighborhood security rection. turn our back on people who are striv- volunteers. These individuals heard the I guess the bottom line is Iraq is ing for a better way of life for their Americans were coming and were there achieving progress. No one can debate children. It is not in our national inter- and cheering, waiting for them to ar- that. It is not just General Petraeus. It est to leave a failed Iraqi State. rive. is what the Iraqis say. It is what they The surge is working, largely due to I watched these Neighborhood Watch are saying, the religious leaders and the leadership of one great American— and Concerned Citizens groups take the political leaders. It is happening, GEN David Petraeus. MoveOn.Org root in Anbar Province and slowly happening since the surge. The surge is should just once retreat from their at- make their way to other cities spread- clearly working. tack on America and apologize to that ing across Iraq—local civilians willing The coalition forces are handing back great American hero, GEN David to stand up and take back their neigh- control of Iraq to the Iraqis and to the Petraeus. borhoods, their cities, and province. Iraqi security forces. Local leaders who Mr. President, I suggest the absence Citizens are marking IEDs with or- want better lives for their people are of a quorum. ange paint—undetonated IEDs and bravely standing up and rejecting the The PRESIDING OFFICER. The PRGs—identifying al-Qaida in their fatalist, cynical, and hate-filled diet clerk will call the roll. towns and testifying against them. It fed to them by al-Qaida and other ex- The bill clerk proceeded to call the is something that was not happening a tremists. roll.

VerDate Mar 15 2010 22:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18SE7.REC S18SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11642 CONGRESSIONAL RECORD — SENATE September 18, 2007 Mr. LEVIN. Mr. President, I ask beas corpus to persons detained at the was passed in 2006. In that case, instead unanimous consent that the order for base is consistent with the historical of looking to Rasul, as noted in the the quorum call be rescinded. reach of the writ of habeas corpus. At New York Times article by Adam The PRESIDING OFFICER. Without common law, courts exercised habeas Liptak on March 5 of this year, the objection, it is so ordered. jurisdiction over the claims of aliens Boumediene court looked to case law Mr. LEVIN. Mr. President, I see Sen- detained within sovereign territory of decided before Rasul. Liptak points ator SPECTER on the floor. I ask unani- the realm, as well as the claims of per- out: mous consent that after Senator SPEC- sons detained in the so-called ‘exempt Instead of looking to Rasul, which was re- TER is recognized, if Senator GRAHAM is jurisdiction,’ where ordinary writs did cent and concerned Guantanamo, the appeals on the floor, he be recognized for de- not run, and all other dominions under court, reverting to the Court of Appeals for bate only on the bill, and then that the sovereign’s control.’’ That is obvi- the District of Columbia, justified its decision by citing a 1950 Supreme Court decision, Senator CHAMBLISS be recognized, if he ously a conclusive statement of the Su- Johnson v. Eisentrager. That case involved is on the floor, for debate only, and preme Court that in Guantanamo, German citizens convicted of war crimes in that then the Senate proceed to a pe- under the control of the United States, China and held at a prison in Germany. The riod of morning business, with Sen- the writ of habeas corpus would apply court ruled that they had no right to habeas ators permitted to speak therein for up in accordance with the historic reach corpus. to 10 minutes. of habeas corpus under the common Liptak points out the inapplicability The PRESIDING OFFICER. Without law. Although Justice Stevens wrote as of the Eisentrager case, stating: objection, it is so ordered. to statutory habeas, his historic anal- The Court’s reliance on Eisentrager was Mr. LEVIN. I thank the Chair and my ysis implicates the right to habeas curious. Both Antonin Scalia, dissenting in friend from Pennsylvania. under the common law and the Con- Rasul, and John Yu, an architect of the Bush The PRESIDING OFFICER. The Sen- stitution administration’s post-9/11 legal strategy, ator from Pennsylvania is recognized. Justice Stevens went on to point out: have written that they understood Rasul to have overruled Eisentrager. Mr. SPECTER. Mr. President, I ask Habeas corpus is, however [citing from unanimous consent to speak for up to Williams v. Kaiser] ‘‘a writ antecedent to The Boumediene decision seemed to 20 minutes as in morning business. statute, . . . throwing its root deep into the ignore the finding in Rasul that the The PRESIDING OFFICER. Without genius of our common law.’’ Naval Base at Guantanamo Bay fell objection, it is so ordered. And continuing, he said that the writ within the jurisdiction and control of Mr. SPECTER. Mr. President, I have had ‘‘received explicit recognition in the United States. If detainees at sought recognition to comment on the the Constitution, which forbids suspen- Guantanamo Bay fall within United amendment to restore the constitu- sion of ‘[t]he Privilege of the Writ of States jurisdiction, as Rasul found, the tional right of habeas corpus—an Habeas Corpus . . . unless when in aliens held at Guantanamo have a amendment that is pending before the Cases of Rebellion or Invasion the pub- greater claim to habeas corpus rights. Senate and will be voted on tomorrow lic Safety may require it.’ ’’ For example, Courts have held that morning at 10:30 on a motion to invoke Obviously, the exceptions—Rebellion aliens within the United States cannot cloture. or Invasion—do not apply in the Guan- be denied habeas corpus without vio- The issue of the availability of ha- tanamo situation. lating the Suspension Clause. beas corpus for the detainees at Guan- Justice Stevens went on to say: Following its discussion of Rasul and Eisentrager, the Boumediene decision tanamo is a matter of enormous impor- [A]t its historical core, the writ of habeas tance. It is a matter of a fundamental corpus has served as a means of reviewing relied upon the proceedings in the constitutional right that people should the legality of Executive detention, and it is Combatant Status Review Tribunals not be held in detention unless there is in that context that its protections have which, realistically viewed, are totally an evidentiary reason to do so, or at been strongest. insufficient. The procedures of the least some showing that the person Justice Stevens then went on to note Combatant Status Review Tribunals ought to be in detention. It is a con- this—referring to the opinion of Jus- were taken up by the U.S. District stitutional right that has existed since tice Jackson, concurring in the result Court for the District of Columbia in a the Magna Carta in 1215, and it has in the case of Brown v. Allen: case captioned: In re Guantanamo De- been upheld in a series of cases in the The historic purpose of the writ has been tainees Cases, 355 F.Supp.2d 443 (2005). Beginning on page 468 of the opinion, Supreme Court of the United States. to relieve detention by executive authorities In the decision of Hamdi v. Rumsfeld, without judicial trial. the district court noted a proceeding in Justice O’Connor, speaking for a plu- And he goes on to say: the Combatant Status Review Tribunal where an individual was accused of as- rality, said that they ‘‘all agree that, Executive imprisonment has been consid- absent suspension, the writ of habeas ered oppressive and lawless since John, at sociating with al-Qaida personnel. The corpus remains available to every indi- Runnymede, pledged that no free man should court noted: vidual detained within the United be imprisoned, dispossessed, outlawed, or ex- ‘‘. . . [T]he Recorder of the [Combatant iled save by the judgment of his peers or by Status Review Tribunal] asserted, ‘While liv- States.’’ What Justice O’Connor was the law of the land. The judges of England ing in Bosnia, the Detainee associated with a referring to was the express constitu- developed the writ of habeas corpus largely known Al Qaida operative.’ ’’ tional provision in Article I, Section 9, to preserve these immunities from executive The detainee then said: Clause 2, that habeas corpus may not restraint. ‘‘Give me his name.’’ be suspended except in time of invasion Going on, Justice Stevens pointed The Tribunal President said: or rebellion. Obviously, if there cannot out: be a suspension of the writ of habeas ‘‘I do not know.’’ Consistent with the historic purpose of the The detainee then said: corpus, there is a provision in that writ, this Court has recognized the federal clause recognizing the existence of the court’s power to review applications for ha- ‘‘How can I respond to this?’’ constitutional right of habeas corpus. beas corpus in a wide variety of cases involv- The detainee went on to say: You cannot suspend a right that ing Executive detention, in wartime as well ‘‘÷. . . I asked the interrogators to tell me doesn’t exist. as in times of peace. who this person was. Then I could tell you if As amplified by Justice Stevens, in In a very curious decision, in I might have known this person, but not if the case of Rasul v. Bush, the statutory Boumediene v. Bush, the Court of Ap- this person is a terrorist. Maybe I knew this person as a friend. Maybe it was a person right to habeas corpus applies to those peals for the District of Columbia ig- that worked with me. Maybe it was a person held at the United States Naval Base nored the historic common law anal- that was on my team. But I do not know if at Guantanamo Bay, Cuba. Although ysis of the Rasul case in concluding this person is Bosnian, Indian or whatever. If Guantanamo Bay is not within the ter- that the Supreme Court’s decision was you tell me the name, then I can respond and ritory of the United States, it is under based solely upon the statutory provi- defend myself against this accusation.’’ the complete jurisdiction and control sion for habeas corpus. The Later in the court’s opinion, the de- of the United States. Boumediene court reasoned that Rasul tainee is quoted to the following effect: In that case, Justice Stevens noted could be changed by an act of Congress, ‘‘That is it, but I was hoping you had evi- that ‘‘application of the [writ of] ha- the Military Commissions Act, which dence that you can give me. If I was in your

VerDate Mar 15 2010 22:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18SE7.REC S18SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 18, 2007 CONGRESSIONAL RECORD — SENATE S11643 place—and I apologize in advance for these Department of Defense authorization ment of Defense or the Department of the words—but if a supervisor came to me and bill to reinstate the statutory right of Army. showed me accusations like these, I would habeas corpus. It is my judgment that 3. From September 11, 2004 to March 9, 2005, I was on active duty and assigned to take these accusations and I would hit him the Supreme Court of the United in the face with them.’’ OARDEC. Rear Admiral McGarrah served as States will act on the case now pending And at that, everyone in the tribunal the Director of OARDEC during the entirety there to uphold the constitutional of my assignment. room burst into laughter. right, disagreeing with the decision of 4. While assigned to OARDEC, in addition This is illustrative of what goes on in the Court of Appeals for the District of to other duties, I worked as an agency liai- the Combatant Status Review Tribu- Columbia in Boumediene v. Bush. son, responsible for coordinating with gov- nals. They charge someone with being Initially, the U.S. Supreme Court had ernment agencies, including certain Depart- an associate of al-Qaida, but they can- ment of Defense (‘‘DoD’’) and non-DoD orga- denied to take certiorari in the case, not even give the person a name. nizations, to gather or validate information and it was curious because Justice Ste- There was a very informative dec- relating to detainees for use in CSRTs. I also vens did not vote for cert. where three laration filed by Stephen Abraham served as a member of a CSRT, and had the other Justices had. But then after the about what goes on in a Combatant opportunity to observe and participate in the declaration by Colonel Abraham was operation of the CSRT process. Status Review Tribunal. filed on a petition for rehearing, which 5. As stated in the McGarrah Dec., the in- I ask unanimous consent to have formation comprising the Government Infor- printed in the RECORD at the conclu- required five affirmative votes by Su- preme Court Justices, the petition for mation and the Government Evidence was sion of my remarks this declaration. not compiled personally by the CSRT Re- The PRESIDING OFFICER. Without rehearing was granted, and the Su- corder, but by other individuals in OARDEC. objection, it is so ordered. preme Court of the United States now The vast majority of the personnel assigned (See Exhibit 1.) has that case. to OARDEC were reserve officers from the Mr. SPECTER. Colonel Abraham I have filed a brief as amicus curiae different branches of service (Army, Navy, identified himself as a lieutenant colo- in the case, urging the Supreme Court Air Force, Marines) of varying grades and nel in the U.S. Army Reserves who to overrule the District of Columbia levels of general military experience. Few served as a member of a Combatant case and to uphold the decision in had any experience or training in the legal Rasul v. Bush, which holds that there or intelligence fields. Status Review Tribunal and had an op- 6. The Recorders of the tribunals were portunity to observe and participate in is a statutory right to habeas corpus typically relatively junior officers with little the CSRT process. and that is rooted in historic common training or experience in matters relating to Among other things, Colonel Abra- law that predates the Constitution, the collection, processing, analyzing, and/or ham points out: tracing its roots to the Magna Carta dissemination of intelligence material. In no On one occasion, I was assigned to a CSRT with John at Runnymede in 1215. But instances known to me did any of the Re- panel with two other officers. . . .We re- pending any action by the Supreme corders have any significant personal experi- viewed evidence presented to us regarding Court of the United States, which is ence in the field of military intelligence. the recommended status of a detainee. All of not by any means certain, notwith- Similarly, I was unaware of any Recorder having any significant or relevant experi- us found the information presented to lack standing my own view that the Su- substance. ence dealing with the agencies providing in- What were purported to be specific state- preme Court will reaffirm Rasul and re- formation to be used as a part of the CSRT ments of fact lacked even the most funda- verse the Court of Appeals for the Dis- process. mental earmarks of objectively credible evi- trict of Columbia’s ruling in 7. The Recorders exercised little control dence. Statements allegedly made by per- Boumediene, the Congress should now over the process of accumulating informa- cipient witnesses lacked detail. Reports pre- alter the statutory provision in 2006 tion to be presented to the CSRT board sented generalized statements in indirect and make it clear that the statutory members. Rather, the information was typi- and passive forms without stating any cally aggregated by individuals identified as right to habeas corpus applies to Guan- case writers who, in most instances, had the source of the information or providing a tanamo because of the total inad- basis for establishing the reliability or the same limited degree of knowledge and expe- credibility of the source. Statements of in- equacy of the fairness of the procedures rience relating to the intelligence commu- terrogators presented to the panel offered in- under the Combatant Status Review nity and intelligence products. The case ferences from which we were expected to Tribunal. writers, and not the Recorders, were pri- draw conclusions favoring a finding of EXHIBIT 1 marily responsible for accumulating documents, including assembling documents to ‘‘enemy combatant’’ but that, upon even DECLARATION OF STEPHEN ABRAHAM limited questioning from the panel, yielded be used in the drafting of an unclassified LIEUTENANT COLONEL, UNITED STATES ARMY the response from the Recorder, ‘‘We’ll have summary of the factual basis for the detain- RESERVE to get back to you.’’ The personal represent- ee’s designation as an enemy combatant. ative did not participate in any meaningful I, Stephen Abraham, hereby declare as fol- 8. The information used to prepare the files way. lows: to be used by the Recorders frequently con- On the basis of the paucity and weakness 1. I am a lieutenant colonel in the United sisted of finished intelligence products of a of the information provided both during and States Army Reserve, having been commis- generalized nature—often outdated, often after the CSRT hearing, we determined that sioned in 1981 as an officer in Intelligence ‘‘generic,’’ rarely specifically relating to the there was no factual basis for concluding Corps. I have served as an intelligence officer individual subjects of the CSRTs or to the that the individual should be classified as an from 1982 to the present during periods of circumstances related to those individuals’ enemy combatant. both reserve and active duty, including mo- status. bilization in 1990 (‘‘Operation Desert Storm’’) 9. Beyond ‘‘generic’’ information, the case The details of Colonel Abraham’s and twice again following 9–11. In my civil- writer would frequently rely upon informa- statement are very much in line with ian occupation, I am an attorney with the tion contained within the Joint Detainee In- the opinion of the U.S. District Court law firm Fink & Abraham LLP in Newport formation Management System (‘‘JDIMS’’). for the District of Columbia in the Beach, California. The subset of that system available to the matter captioned: In re Guantanamo 2. This declaration responds to certain case writers was limited in terms of the Detainee Cases. They had charges but statements in the Declaration of Rear Admi- scope of information, typically excluding in- presented absolutely no information. ral (Retired) James M. McGarrah formation that was characterized as highly (‘‘McGarrah Dec.’’), filed in Bismullah v. Consequently, there can be no conten- sensitive law enforcement information, high- Gates, No. 06–1197 (D.C. Cir.). This declara- ly classified information, or information not tion that Combatant Status Review tion is limited to unclassified matters spe- voluntarily released by the originating agen- Tribunals are an adequate and effective cifically related to the procedures employed cy. In that regard, JDIMS did not constitute alternative approach to Federal court by Office for the Administrative Review of a complete repository, although this limita- habeas corpus. There must be a type of the Detention of Enemy Combatants tion was frequently not understood by indi- review which presents a fair oppor- (‘‘OARDEC’’) and the Combatant Status Re- viduals with access to or who relied upon the tunity for determination as to whether view Tribunals (‘‘CSRTs’’) rather than to system as a source of information. Other there was any basis to hold a detainee. any specific information gathered or used in databases available to the case writer were a particular case, except as noted herein. For such a purpose, Combatant Status similarly deficient. The case writers and Re- The contents of this declaration are based corders did not have access to numerous in- Review Tribunals are totally inad- solely on my personal observations and expe- formation sources generally available within equate. riences as a member of OARDEC. Nothing in the intelligence community. It is for that reason that I urge my this declaration is intended to reflect or rep- 10. As one of only a few intelligence- colleagues to legislate in the pending resent the official opinions of the Depart- trained and suitably cleared officers, I served

VerDate Mar 15 2010 22:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18SE7.REC S18SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11644 CONGRESSIONAL RECORD — SENATE September 18, 2007 as a liaison while assigned to OARDEC, act- members. Often, information that was gath- McGarrah and the Deputy Director imme- ing as a go-between for OARDEC and various ered was discarded by the case writer or the diately questioned the validity of our find- intelligence organizations. In that capacity, Recorder because it was considered to be am- ings. They directed us to write out the spe- I was tasked to review and/or obtain infor- biguous, confusing, or poorly written. Such a cific questions that we had raised concerning mation relating to individual subjects of the determination was frequently the result of the evidence to allow the Recorder an oppor- CSRTs. More specifically, I was asked to the case writer or Recorder’s lack of training tunity to provide further responses. We were confirm and represent in a statement to be or experience with the types of information then ordered to reopen the hearing to allow relied upon by the CSRT board members that provided. In my observation, the case writer the Recorder to present further argument as the organizations did not possess ‘‘excul- or Recorder, without proper experience or a to why the detainee should be classified as patory information’’ relating to the subject basis for giving context to information, often an enemy combatant. Ultimately, in the ab- of the CSRT. rejected some information arbitrarily while sence of any substantive response to the 11. During my trips to the participating or- accepting other information without any questions and no basis for concluding that ganizations, I was allowed only limited ac- articulable rationale. additional information would be forth- cess to information, typically prescreened 18. The case writer’s summaries were re- coming, we did not change our determina- and filtered. I was not permitted to see any viewed for quality assurance, a process that tion that the detainee was not properly clas- information other than that specifically pre- principally focused on format and grammar. sified as an enemy combatant. OARDEC’s re- pared in advance of my visit. I was not per- The quality assurance review would not ordi- sponse to the outcome was consistent with mitted to request that further searches be narily check the accuracy of the information the few other instances in which a finding of performed. I was given no assurances that underlying the case writer’s unclassified ‘‘Not an Enemy Combatant’’ (NEC) had been the information provided for my examina- summary for the reason that the quality as- reached by CSRT boards. In each of the tion represented a complete compilation of surance reviewer typically had little more meetings that I attended with OARDEC lead- information or that any summary of infor- experience than the case writer and, again, ership following a finding of NEC, the focus mation constituted an accurate distillation no relevant or meaningful intelligence or of inquiry on the part of the leadership was of the body of available information relating legal experience, and therefore had no skills ‘‘what went wrong.’’ to the subject. by which to critically assess the substantive 24. I was not assigned to another CSRT 12. I was specifically told on a number of portions of the summaries. panel. occasions that the information provided to 19. Following the quality assurance proc- I hereby declare under the penalties of per- me was all that I would be shown, but I was ess, the unclassified summary and the infor- jury based on my personal knowledge that never told that the information that was mation assembled by the case writer in sup- the foregoing is true and accurate. provided constituted all available informa- port of the summary would then be for- The PRESIDING OFFICER. The Sen- tion. On those occasions when I asked that a warded to the Recorder. It was very rare that representative of the organization provide a a Recorder or a personal representative ator from Georgia. written statement that there was no excul- would seek additional information beyond Mr. CHAMBLISS. Mr. President, I patory evidence, the requests were sum- that information provided by the case writ- rise this afternoon in opposition to the marily denied. er. Leahy-Specter amendment on the De- 13. At one point, following a review of in- 20. It was not apparent to me how assign- fense authorization bill. The Leahy- formation, I asked the Office of General ments to CSRT panels were made, nor was I Specter amendment will strike an im- Counsel of the intelligence organization that personally involved in that process. Never- portant change made by the Military theless, I discerned the determinations of I was visiting for a statement that no excul- Commissions Act of 2006 that strips patory information had been withheld. I ex- who would be assigned to any particular po- plained that I was tasked to review all avail- sition, whether as a member of a CSRT or to courts of jurisdiction to hear habeas able materials and to reach a conclusion re- some other position, to be largely the prod- corpus petitions from alien unlawful garding the non-existence of exculpatory in- uct of ad hoc decisions by a relatively small enemy combatants detained by the formation, and that I could not do so with- group of individuals. All CSRT panel mem- United States. out knowing that I had seen all information. bers were assigned to OARDEC and reported This amendment would restore juris- 14. The request was denied, coupled with a ultimately to Rear Admiral McGarrah. It diction to the Federal courts to hear refusal even to acknowledge whether there was well known by the officers in OARDEC habeas petitions from detainees who existed additional information that I was not that any time a CSRT panel determined that are currently pending trial before a permitted to review. In short, based upon the a detainee was not properly classified as an selective review that I was permitted, I was enemy combatant, the panel members would military commission. Essentially, this left to ‘‘infer’’ from the absence of excul- have to explain their finding to the OARDEC amendment would grant habeas corpus patory information in the materials I was al- Deputy Director. There would be intensive rights to all non-U.S. citizens, regard- lowed to review that no such information ex- scrutiny of the finding by Rear Admiral less of location, who are detained by isted in materials I was not allowed to re- McGarrah who would, in turn, have to ex- the United States. view. plain the finding to his superiors, including The amendment would have the ef- 15. Following that exchange, I commu- the Under Secretary of the Navy. fect during the current global war on nicated to Rear Admiral McGarrah and the 21. On one occasion, I was assigned to a OARDEC Deputy Director the fundamental CSRT panel with two other officers, an Air terrorism or during a large-scale pro- limitations imposed upon my review of the Force colonel and an Air Force major, the tracted war on the scale of World War organization’s files and my inability to state latter understood by me to be a judge advo- II of giving any noncitizen detained by conclusively that no exculpatory informa- cate. We reviewed evidence presented to us U.S. forces, regardless of where they tion existed relating to the CSRT subjects. It regarding the recommended status of a de- are detained and regardless of the rea- was not possible for me to certify or validate tainee. All of us found the information pre- son for their detention, the right to the non-existence of exculpatory evidence as sented to lack substance. challenge that detention in the U.S. 22. What were purported to be specific related to any individual undergoing the court system. CSRT process. statements of fact lacked even the most fun- 16. The content of intelligence products, damental earmarks of objectively credible I can think of few better ways to en- including databases, made available to case evidence. Statements allegedly made by per- sure that the United States is defeated writers, Recorders, or liaison officers, was cipient witnesses lacked detail. Reports pre- in any conflict in which we engage and often left entirely to the discretion of the or- sented generalized statements in indirect few better ways to undermine the na- ganizations providing the information. What and passive forms without stating the source tional security of the United States information was not included in the bodies of of the information or providing a basis for than to adopt this amendment. intelligence products was typically unknown establishing the reliability or the credibility In 2004, the Supreme Court’s decision to the case writers and Recorders, as was the of the source. Statements of interrogators in Hamdi v. Rumsfeld held that the basis for limiting the information. In other presented to the panel offered inferences words, the person preparing materials for use from which we were expected to draw conclu- President is authorized to detain by the CSRT board members did not know sions favoring a finding of ‘‘enemy combat- enemy combatants for the duration of whether they had examined all available in- ant’’ but that, upon even limited questioning hostilities based on longstanding law- formation or even why they possessed some from the panel, yielded the response from of-war principles. It also held that Con- pieces of information but not others. the Recorder, ‘‘We’ll have to get back to gress could authorize the President to 17. Although OARDEC personnel often re- you.’’ The personal representative did not detain persons, including U.S. citizens, ceived large amounts of information, they participate in any meaningful way. designated as enemy combatants with- often had no context for determining wheth- 23. On the basis of the paucity and weaker the information was relevant or probative ness of the information provided both during out trial for a criminal offense so long and no basis for determining what additional and after the CSRT hearing, we determined as the enemy combatant has a process information would be necessary to establish that there was no factual basis for con- to challenge that designation. a basis for determining the reasonableness of cluding that the individual should be classi- As a result of the Hamdi decision, the any matter to be offered to the CSRT board fied as an enemy combatant. Rear Admiral Department of Defense created the

VerDate Mar 15 2010 22:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18SE7.REC S18SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 18, 2007 CONGRESSIONAL RECORD — SENATE S11645 Combatant Status Review Tribunal, a enemy soldiers, many of whom no The PRESIDING OFFICER. Without process where detainees may challenge doubt had some complaint about their objection, it is so ordered. their status designations. capture or conditions of confinement. f Congress passed and the President Today, approximately 25,000 persons signed the Detainee Treatment Act on are detained by the United States in MORNING BUSINESS December 30, 2005, which included the Iraq, Afghanistan, and at Guantanamo Mr. SESSIONS. Mr. President, I ask Graham-Levin amendment to elimi- Bay. unanimous consent that I be allowed to nate the Federal court statutory juris- Restoring jurisdiction over alien speak as in morning business. diction over habeas corpus claims by enemy combatants could result in pro- The PRESIDING OFFICER. The Sen- aliens detained at Guantanamo Bay. viding the right of habeas corpus to all ate is now proceeding under a previous After a full and open debate, a bipar- those detainees held outside the United order in a period of morning business, tisan majority of Congress passed the States so long as their place of deten- with Senators being recognized for up Military Commissions Act just last tion is under the jurisdiction and con- to 10 minutes. fall. The MCA amended the Detainee trol of the U.S. Armed Forces. The Senator from Alabama is recog- Treatment Act provisions regarding In fact, habeas challenges on behalf nized. appellate review and habeas corpus ju- of detainees held in Afghanistan have Mr. SESSIONS. I thank the Chair. risdictions by making the provisions of already been filed. f the DTA the exclusive remedy for all The Supreme Court recognized in Johnson v. Eisentrager that allowing DEFENSE AUTHORIZATION AND aliens detained as enemy combatants APPROPRIATIONS anywhere in the world, including those habeas petitions from enemy combat- detained at Guantanamo Bay, Cuba. ants forces the judiciary into direct Mr. SESSIONS. Mr. President, I The MCA’s restrictions on habeas cor- oversight of the conduct of war in would just say that we have a limited pus codified important and constitu- which they will be asked to hear peti- amount of time in this body—and we tional limits on captured enemies’ actions from all around the world, chal- all know that—before the end of the cess to our courts. lenging actions and events on the bat- fiscal year will be coming up on Sep- The District of Columbia Circuit tlefield. This would simply be unwork- tember 30. We have to pass some sort of upheld the MCA’s habeas restrictions able as a practical matter and could appropriation to fund our defense and in Boumediene v. Bush earlier this greatly interfere with the Executive’s our military by that date. We need to year. The Supreme Court, in a rare authority to wage war. As the Supreme pass the Defense authorization bill, move, reconsidered their denial of cer- Court revisits these issues, Congress which has been voted out of the Armed tiorari and will make a decision on this should not undue what it has done. Services Committee. Senator LEVIN, Federal courts have ruled twice—in case in the near future. In the mean- our Democratic chairman, has moved December 2006 at the district court time, Congress should not act hastily. that bill forward, and it had strong bi- Before the Supreme Court decision in level on the remand of the Hamdan partisan support. It is on the floor Rasul v. Bush in June 2004, the control- case from the Supreme Court and again today, and it provides quite a number ling case law for over 50 years was set in February 2007 at the DC Circuit of valuable and critically important Court level in the consolidated cases of out in the Supreme Court case of John- benefits for our defense on which we Boumediene and Al Odah—that the son v. Eisentrager, a 1950 case which need to vote. For example, it increases Military Commissions Act is constitu- held that aliens in military detention the number of persons in the Army, the tional and that alien enemy unlawful outside the United States were not en- end-strength of the Army, by 13,000, combatants have no constitutional titled to judicial review through ha- and 9,000 for the Marine Corps. We have rights to habeas corpus. a lot of people talking about the stress beas corpus petitions in Federal courts. The Supreme Court, at the end of on the military, so we need to author- The Court recognized that extension of June, decided it would hear these cases ize the growth of the military. It is habeas corpus to alien combatants cap- on expedited appeal this fall. It is ap- something we know we need to do, and tured abroad ‘‘would hamper the war propriate for Congress to allow the Su- I think we have a general agreement on effort and bring aid and comfort to the preme Court to review the decision that. It is in this bill. We need to move enemy,’’ and the Constitution requires made by the DC Circuit Court of Ap- this bill. It authorizes numerous pay no such thing. peals, applying the standards of review bonuses and benefits for our The Rasul case changed the state of enacted in the DTA and the MCA be- warfighters and their family members. the law for detainees held at Guanta- fore granting habeas rights to and It allows a reservist to draw retirement namo Bay, Cuba, due to the unique na- opening the Federal courts to thou- before age 60 if they volunteer under ture of the long-term U.S. lease of that sands of detainees held outside the certain circumstances for active mobi- property. The Supreme Court reasoned United States. that the habeas corpus statute and the For these reasons, and simply be- lizations. It directs studies on mental exercise of complete jurisdiction and cause it represents extremely bad pol- health and well-being for soldiers and control over the Navy base in Cuba icy, I urge my colleagues to oppose the marines. It establishes a Family Readi- were sufficient to establish the juris- Leahy-Specter amendment. ness Council. It authorizes funding for diction of U.S. Federal courts over ha- Mr. President, I had also intended to the MRAPs, which are those vehicles beas petitions brought by detainees. talk a little while today about Senator which are so much more effective The Supreme Court ruled that the GRAHAM’s amendment seeking to against even the most powerful bombs status of a detainee as an enemy com- strike section 1023 of the underlying and IED-type attacks. batant must be determined in a way bill. It is my understanding now that So this bill, this authorization bill, is that provides the fundamentals of due there are discussions ongoing relative not an unimportant matter. Our sol- process—namely, notice and oppor- to the possibility of trying to work diers are out there now in harm’s way, tunity to be heard. The executive that amendment out. So if that amend- where we sent them, executing the branch established Combatant Status ment does come to the floor for consid- policies we asked them to execute, and Review Tribunals, or CSRTs, to comply eration, I will be back to talk about we need to support them by doing our with this mandate. Judicial review of the support of that amendment at that job. We complain that Iraq can’t pass CSRT determinations of enemy com- time. this bill or that bill; we need to pass batant status by article III courts is Mr. President, I yield the floor, and I our own bill. provided by the Detainee Treatment suggest the absence of a quorum. Not only do we need to get this au- Act. Under the DTA, appeals of CSRT The PRESIDING OFFICER (Mr. thorization bill passed, but we have to decisions may be made to the U.S. MENENDEZ). The clerk will call the roll. get on next week to the appropriations Court of Appeals for the DC Circuit. The legislative clerk proceeded to bill to actually fund the military be- In his dissent in the Rasul case, Jus- call the roll. cause if we do not do so, the funding tice Scalia wisely pointed out that at Mr. SESSIONS. Mr. President, I ask stops. Under American law, if Congress the end of World War II, the United unanimous consent that the order for does not appropriate funds, nobody can States held approximately 2 million the quorum call be rescinded. spend funds. It is just that simple.

VerDate Mar 15 2010 22:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18SE7.REC S18SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11646 CONGRESSIONAL RECORD — SENATE September 18, 2007 We have to do our job, and I hope we down, the American people were saying aliens amnestied under the DREAM will. I am troubled to see a lot of let’s end illegal immigration—it would Act will be eligible for citizenship. things beginning to occur that indicate provide for them to be eligible for in- We are also expanding, through this there is an agenda afoot here, at least State tuition at public universities, amendment, if it is to be adopted, im- by some, that would make it difficult, even when the university denies in- migration into the country based on an if not impossible, for us to get this State tuition to U.S. citizens and le- illegal action in a number of ways. work done. gally present aliens. There is nothing in the DREAM Act For example, the first amendment It would reverse 1996 law that quite that limits the ability of the illegal brought up on the Defense bill—not a rationally said let’s not reward people aliens who are being provided perma- part of the committee bill but on the who are here illegally by giving them a nent status and citizenship here to floor here—is to provide to enemy ter- discounted rate of tuition. How much bring in their family members. Once an rorists habeas corpus rights they have more simple is it than that? illegal alien becomes a legal resident never been provided by any nation in It would provide Federal financial under the act, they can immigrate history during a time of war and cer- aid in the form of student loans and their spouses and their children. As tainly not our own Nation. It is frus- work/study programs, subsidized by soon as the illegal alien becomes a cit- trating for me to hear people say we Federal money. It is unclear, it ap- izen, he or she will be able to bring in, want to restore habeas rights to cap- pears, whether Pell grants, direct Fed- to immigrate their parents to the tive enemy combatants. If we did it, we eral grants, are going to be provided to country as a matter of right. So there should at least perhaps give priority to people in our country illegally, with is no numerical limit to the number of lawful enemy combatants. Most of which to go to college, whereas hard- parents a citizen can immigrate into these are unlawful enemy combatants working Americans, many of them, the United States. I think that is one who have not in any way followed the don’t qualify for Pell grants—and we of the flaws in our current law. rules of war and therefore are not pro- need to expand Pell grants. Why would The reason that is important is be- vided, in normal circumstances, the we then be providing them to persons cause we are generous in immigration. full protections of the Geneva Conven- who would come into our country ille- We allow a million or more a year to tion. So I am worried about that. gally? come legally into our country. We do The President has said if that amend- They say they may have come when provide quite a number of generous ment passes, he will veto the bill. So they were younger. Maybe they did. provisions that allow people to come. what will we have done then? Are peo- But if you have a limited number of But if you are allowing those limited ple in here going to have a good feeling persons to whom you can provide Pell number of slots—in effect, we have about that—they made the President grants or subsidized loans, I suggest only so many that the country does veto the bill—that we provide unprece- they should be given to those who are allow and would desire to allow to dented rights to captives who are set- lawfully here, not those who are unlaw- come—we are providing parents of ting about to attack and kill Ameri- fully here. those who have been illegal to be able cans? We are releasing people from There is an old slogan: If you are in to come as a guaranteed right, whereas Guantanamo and have released quite a a hole, the first thing you should do is another who may have a master’s de- number of them. Quite a number of stop digging. I suggest if you have a gree, may have a high skill, may have them have been recaptured on the bat- problem with people coming into the learned English in Honduras and is val- tlefield trying to kill our sons and our country illegally, the first thing you edictorian of their school or college— daughters who are out there because should do is stop subsidizing that ille- they can’t get in. But they have an this Congress sent them out there. So I gal behavior by giving them discounted automatic right for a parent, who may think we need to get our heads tuition. have done far less in the scheme of straight. The DREAM Act establishes a seam- things to justify taking one of those Now, in addition to that, we have less process to take illegal aliens di- limited slots the country has to offer. Senator DURBIN offering the DREAM rectly from illegal status to condi- That is why I am concerned about that. tional permanent resident status, then Act amendment, an immigration bill, We don’t think about it in correct to legal permanent resident status, and to this bill. terms. We have to understand we can- then the next step, of course, is citizen- Senator KENNEDY says he intends to not accept everybody in the world. We ship. First, illegal aliens who came offer hate crimes legislation. These are should create a generous system of im- here before age 16 and have been here controversial pieces of legislation, un- migration that allows people to come illegally for the past 5 years will be related, really, to the Defense Depart- to America, but we ought to set up a given ‘‘conditional’’ permanent resi- ment. They ought not be passed. They legal system that we are proud of and dence, or green cards, if they have been have been rejected before. Certainly that sets good standards, that allows a admitted to an institution of higher the DREAM Act was. person to have the greatest oppor- Let me talk about this DREAM Act. education or have a GED, or have a tunity to be successful here, to have It is something Senator DURBIN points high school diploma. The ‘‘conditional’’ more precedence in entry—which is ex- out that I have objected to before. I green card, which is good for 6 years, actly what Canada does, and Canada is have objected to it before when it came will be converted to a full green card. A quite proud of it. up in the Judiciary Committee, not in green card means you have a legal per- In 1996, Congress passed this law: the Armed Services Committee. manent residence status in America. In The Durbin amendment, as filed as of this case it would be a direct result of Not withstanding any other provision of the end of July, would do a number of an illegal entry into the United States, law, an alien who is not lawfully present in the United States shall not be eligible on the things. It will, indeed, provide am- or an illegal overstay. It will be con- basis of residence within a State . . . for any nesty, the full panoply of rights we verted to a full green card if the alien postsecondary education benefit unless a cit- give to any citizen who comes here completes 2 years of a bachelor’s de- izen or national of the United States is eligi- lawfully. It provides a full citizenship gree or serves 2 years in the uniformed ble for such a benefit (in no less an amount, track and full rights for quite a num- services. This is broader than the term duration and scope) without regard to ber of illegal aliens, putting them on a ‘‘military service,’’ as people have said. whether the citizen or national is such a direct path to citizenship. A conserv- ‘‘Uniformed services,’’ as defined by resident. ative estimate done by the Migration title 10, includes the National Oceanic The DREAM Act eliminates this pro- Policy Institute suggests that at least and Atmospheric Administration Com- vision that has been offered on the De- 1.3 million will be eligible for amnesty. missioned Corps and the U.S. Public fense bill. It would reverse this current It will also allow current illegal aliens, Health Service Commissioned Corps, in Federal law. The result is that States those who would be provided amnesty addition to the military. Or they would will be able to offer in-State tuition to under this bill, and future illegal aliens qualify if they can’t do those because illegal aliens. who come here after this day, ille- of hardship. The PRESIDING OFFICER. The gally—hopefully, I thought we decided After 5 years of ‘‘conditional,’’ or full Chair advises the Senator from Ala- when the comprehensive bill was voted green card permanent status, the bama he has consumed his 10 minutes.

VerDate Mar 15 2010 22:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18SE7.REC S18SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 18, 2007 CONGRESSIONAL RECORD — SENATE S11647 Mr. SESSIONS. I thank the Chair miles from here, students found a Finally, Mr. President, last Friday, it and ask unanimous consent for 1 addi- noose hanging in a tree near the Uni- was reported that the Metropolitan Po- tional minute. versity’s African-American Cultural lice Department here in Washington is The PRESIDING OFFICER. Without Center. It is believed that the noose investigating a series of hate crimes objection, it is so ordered. had been hanging there for almost 2 targeting gay and transgender people. Mr. SESSIONS. Mr. President, I will weeks before the assistant editor of the The latest attack happened seven conclude by saying there are a host of school’s African-American newspaper blocks from here near the Verizon Cen- reasons why we need not, ought not noticed it and notified the police. ter, where reportedly a group of young pass the DREAM Act itself. But that is University President C.D. Mote has men threw a 16-year-old male-to-fe- a matter of debate that we have had denounced the incident, as have stu- male transgender person through a several different times now. What we dent leaders and faculty. It is under in- plate glass window. Police reports indi- need to be doing now is providing sup- vestigation as a possible hate crime cate that the suspect had been arrested port for the soldiers, sailors, airmen, and may be connected to the trial of twice before for similar attacks marines, and guardsmen we sent in six African-American teenagers in against gay men. harm’s way by passing the Defense au- Jena, Louisiana. In that case, three The Federal Bureau of Investigation thorization bill and the Defense appro- nooses were placed in the so called has reported that in 2005 there were ap- priations bill. We don’t need to be talk- ‘‘white-only’’ tree on campus after proximately 7,100 incidents classified ing about the DREAM Act. We don’t black students sat under it. The ensu- as hate crimes. The FBI uses voluntary need to be talking about hate crimes. ing altercations led to charges of at- reports from local law enforcement We don’t need to be offering the first tempted murder against only the black agencies across the country to deter- amendment out of the chute, an teenagers, charges that have since been mine the totals, but the actual number amendment that provides habeas bene- dismissed. could be far higher. fits to unlawful combatants, legal In Montgomery County, Maryland, The Southern Poverty Law Center rights that have never been given by three separate acts of vandalism were has analyzed data compiled and re- the United States in the history of the reported at Jewish centers in Rock- ported by the federal Bureau of Justice Republic, nor any other nation in the ville, Gaithersburg, and Silver Spring. Statistics. That November 2005 report, history of the world. In two of those cases, vandals defaced based on data from the biannual Na- We need to get serious and get some banners declaring the synagogues’ sup- tional Crime Victimization Survey work done here that is important and port for the State of Israel, scrawling (NCVS), found that fewer than half of not be distracted with amendments anti-Semitic slurs on them. Police are hate crimes are reported to the police that are going to be politically con- investigating all three acts as possible and others are not counted by the FBI. troversial and can only make it more hate crimes. This is because they are not recorded difficult for us to do our duty as a Con- Then, in the hills of Big Creek, West as hate crimes, or because some police gress. Virginia, a 20-year-old African-Amer- departments do not report statistics to I yield the floor. ican woman was held captive in a shed their State offices. The NCVS esti- The PRESIDING OFFICER. The Sen- for more than a week. During her or- mates that the United States averages ator from Maryland is recognized. deal, she was beaten, choked, stabbed, about 191,000 hate crimes each year. f sexually assaulted, and forced to per- The report also found that hate form inhumane acts. Throughout, she crimes involve violence far more than FIGHT TO END HATE CRIMES was called racist slurs and was told she other crimes. The data showed that Mr. CARDIN. Mr. President, only 2 was being victimized because of her four out of five hate crimes were vio- weeks ago this Nation marked the 50th skin color. She was rescued by police lent—involving a sexual attack, rob- Anniversary of the Civil Rights Act of responding to an anonymous tip. A bery, assault or murder, as compared 1957. That landmark legislation, signed local Sheriff described this as ‘‘some- to 23 percent of non-hate crimes. into law on September 9, 1957, was Con- thing that would have come out of a Mr. President, the situation is even gress’ first civil rights bill since the horror movie.’’ Six people, all white, more dire than most Americans imag- end of Reconstruction. have been arrested in connection with ine. The Southern Poverty Law Cen- It established the Civil Rights Divi- the assault and kidnapping, and police ter’s Intelligence Project counted 844 sion of the Justice Department and em- are still searching for two more. The active hate groups in the United States powered Federal prosecutors to obtain young woman is recovering in a hos- in 2006. court injunctions against interference pital from her ordeal. Hate crimes’ tentacles reach far be- with the right to vote. It also estab- In Gaithersburg, Maryland, a Muslim yond the intended targets. They bring lished a Federal Commission on Civil family was again the victim of van- a chill to entire neighborhoods and cre- Rights with authority to investigate dalism. Over the years, the family had ate a sense of fear, vulnerability, and discriminatory conditions and rec- been victimized multiple times, begin- insecurity in our communities. They ommend corrective measures. ning in 1994 when they moved to the poison the well of our democracy and In the Judiciary Committee, under area. Their house and automobiles strike at the very heart of the Amer- the leadership of my distinguished col- were broken into, garbage and dead ican spirit. league, the senior Senator from animals were strewn in their yard, and Our local law enforcement agencies Vermont, we held a hearing to com- racist notes were taped to their door. need help in investigating and pros- memorate this milestone, to talk about This time, on September 11, tires on ecuting these crimes, and this help our Nation’s progress over the past half both of the family’s vehicles were must come from the United States At- century and how we must move for- slashed. The mother has worked hard torney General and the Department of ward if we are to live up to the ideals to counteract anti-Muslim and anti- Justice. enumerated in the Constitution. My Arab sentiment in America, speaking I am a cosponsor of the Mathew former colleague from the House and at schools and libraries about Islam Shepard Local Law Enforcement Hate an American hero, JOHN LEWIS, shared and Arab-American culture and teach- Crimes Prevention Act, S. 1105, to his recollections and his hopes for the ing a cultural sensitivity class. Police strengthen existing Federal hate crime future with us. are continuing to investigate this inci- laws. I want to thank Senator KENNEDY Today, however, it is with great sad- dent as a possible hate crime. for his leadership on this issue. ness that I come to the Senate floor to In Manassas, Virginia, the Ku Klux While the responsibility for pros- talk about a rash of incidents that Klan recently began distributing leaf- ecuting hate crimes primarily rests have occurred over the past month in lets urging ‘‘white Christian America’’ with the individual States, this new this region of the country. These inci- to stand up for its rights. The neigh- measure will give local law enforce- dents are a painful reminder of just borhood has recently begun a demo- ment additional tools to combat vio- how far we have to go. graphic shift as older residents moved lent hate crimes. It also will provide At the College Park Campus of the out and younger Latino families moved Federal support through training and University of Maryland, fewer than 10 in. assistance to ensure that hate crimes

VerDate Mar 15 2010 22:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18SE7.REC S18SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11648 CONGRESSIONAL RECORD — SENATE September 18, 2007 are effectively investigated and pros- Government, giving prisoners a way to who are supposed to be detained, and it ecuted. In addition, it will ensure that challenge detentions that were unlaw- must be prepared to make that case in Federal investigations and prosecu- ful or unconstitutional. a court of law. tions are carried out when local au- A right to habeas corpus has re- The United States can do better than thorities request assistance or are un- mained a cornerstone of our criminal depending on indefinite, unchallenge- willing or unable to effectively pros- justice system since our very beginning able detentions to imprison an indi- ecute cases. as a Nation. It continues to be re- vidual suspected to be a terrorist. We It is important that the Federal Gov- affirmed time and time again by every do not need shortcuts to keep our Na- ernment have the ability to take ag- court in the land. Granting all pris- tion safe. gressive action against hate crimes in oners the right to petition for habeas We can fight the war on terror and States where current laws are inad- corpus is something that makes our respect human rights at the same time. equate. For example, only 31 States Nation special and sets us apart. What makes America worthy of fight- and the District of Columbia include Now, I am sure many Americans may ing for and dying for is the Constitu- sexual orientation-based or disability- wonder: Well, what is habeas corpus? tion and the Bill of Rights. It sets us based crimes in their hate crimes stat- What is the big fuss about this habeas apart from the rest of the world, and utes. This law will help ensure that all corpus thing? Well, let me try to ex- we cannot permit its erosion or its un- hate crimes are fully investigated and plain. dermining. The Constitution and the prosecuted. Habeas corpus gives a person, a cit- Bill of Rights need to be preserved. This measure, which has strong bi- izen, people, the right to ensure they Therefore, I intend to fully support partisan support, would strengthen ex- are being held by the Government law- the Leahy-Specter amendment that isting law in two ways. First, it would fully, that they were not the victim of will be offered tomorrow to restore ha- eliminate a serious limitation on Fed- malfeasance or misfeasance on the part beas rights to detainees. I urge my col- eral involvement under existing law— of the Government. It is not an easy leagues to do the same. namely, the requirement that a victim standard to meet, and it is not taken I yield the floor. of a hate crime was attacked because lightly by the court system. f he or she was engaged in federally-pro- To make a case for habeas corpus re- EULOGY FOR HOWARD GITTIS tected activity such as voting or at- quires a significant amount of proof tending school. It also would authorize that a detention of that individual vio- Mr. SPECTER. Mr. President, a very the Department of Justice to inves- lates the laws of the United States. Let close, personal friend and a great tigate and prosecute hate crimes based me say that one more time. Proving American died the day before yester- on sexual orientation, gender, gender that you are entitled to relief, proving day, Howard Gittis, a very distin- identity, or disability. Current law that you are entitled to a writ of ha- guished Philadelphia lawyer in the does not provide authority for involve- beas corpus by the court, is not an easy great tradition of Andrew Hamilton ment in these four categories. task. who defended Peter Zenger. Those of us Hate crimes are un-American. They The claim is usually denied. Only who are Philadelphia lawyers take cannot be tolerated. When individuals those who truly deserve the writ are great pride in that tradition from An- are targeted and attacked because of able to obtain it. I say this to reassure drew Hamilton and the historic defense who they are, entire communities suf- those who may feel that granting de- of Peter Zenger, and Howard Gittis was fer and we are all diminished by it. tainees the right to habeas corpus, as in that mold. S. 1105 would give us the tools we the amendment would do, would quick- I have been a personal friend of How- need to be more effective in combating ly let loose those who would then at- ard Gittis for some 50 years. I was told crimes of hate. The House passed its tack our country and our citizens. That he went to sleep on Sunday night and version of hate crimes legislation on simply will not happen. didn’t awaken, died in his sleep appar- May 3 and now the Senate must do our What will happen is those detainees ently of a heart attack. part. I call on my colleagues to support who are being held unlawfully, if there Howard Gittis was a partner in the S. 1105 and I urge its passage without are any who are being held unlawfully, very prestigious firm of Wolf, Block, further delay. who are being denied their basic human Schorr & Solis-Cohen for some 23 f rights, will have a chance to make years. He then joined a noted entre- their case in court. They will, for the preneur, Ronald Perelman of New MILITARY COMMISSIONS ACT first time, be able to argue they are York, and was the executive vice presi- The ACTING PRESIDENT pro tem- being held without any evidence of dent of McAndrews & Forbes in New pore. The Senator from New Jersey is wrongdoing. They will be able to argue, York City. recognized. possibly, they were tortured for a con- Howard was noted for his charitable Mr. MENENDEZ. Mr. President, first fession that is simply not true. contributions both as an alumnus of of all, thank you for taking some time In short, they will be allowed to hold the University of Pennsylvania Law and presiding in the chair so I can our great Nation to the standard of School, where he contributed substan- make this statement. fairness, lawfulness, and decency that tially to Penn’s law school which Last year, I made a very difficult de- our Founding Fathers established when named Gittis Hall and the Gittis Cen- cision. I voted for the Military Com- they penned the U.S. Constitution. ter for Clinical Legal Studies at Penn missions Act because I believed it Some people may not believe detain- in honor of Howard Gittis’s contribu- would make our Nation safer and help ees are entitled to such a basic right. tion to the law school and his chari- us fight the war on terrorism. I did not They argue these people may not be table support of the university. support the bill, however, without res- U.S. citizens; that they do not believe Not only did he support the Univer- ervations. the Constitution provides them with sity of Pennsylvania, but he also I said at the time it was not the law any protection or any guarantees. served on the board of Temple Univer- I would have written. To the contrary, I disagree. I would ask those people sity for 31 years, including 5 as chair- I supported the bill with the under- one thing: If the terrorists convince us man of the board, and the Temple Stu- standing we would go back and fix to throw away the very rights that dent Center is named for him. some of the problems that remained make us free, the very rights that Always affable, always cheerful, al- unsolved. Tomorrow, the Senate has an make our Nation what we uniquely are, ways ready to lend assistance to opportunity to fix one of the most glar- does that not mean the terrorists have friends or even to those who were not ing of those problems, the failure to won? close friends. He left an indelible mark provide detainees with the right to ha- If we believe in the rule of law, and if in the Philadelphia legal community beas corpus. we believe in a system of justice, we and in the New York business commu- A right to habeas corpus was a funda- must give all people detained by our nity. mental right in the eyes of our Found- Government the right to challenge His funeral services occurred earlier ing Fathers. It was seen as a mecha- that detention. Our Government must today in New York and burial occurred nism for accountability within our play by the rules. It must detain people this afternoon in Philadelphia.

VerDate Mar 15 2010 22:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18SE7.REC S18SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 18, 2007 CONGRESSIONAL RECORD — SENATE S11649 I think it appropriate to pay tribute nications Commission, where he gave The fact that the Air Force is cele- to an outstanding American who did so them a rare opportunity to speak on a brating Air and Space Power is not lost much for the legal profession and so one-to-one basis with commissioners on New Mexico, where work is done in much for charitable contributions with about the unique challenges facing both areas. Holloman will be a premier both the University of Pennsylvania broadcasters in Alaska. But Augie’s ef- site of air power when the 49th Tactical and Temple University. forts to educate the FCC about Alas- Fighter Wing becomes home to the F– f kan broadcasting didn’t end there. He 22A Raptor, the most advanced fighter invited them, and the entire FCC at in the world. Cannon is also undergoing TRIBUTE TO AUGIE HIEBERT one time traveled to Alaska at his re- changes and growth in the air power Mr. STEVENS. Mr. President, I have quest. arena, as Air Force Special Operations come to the Senate floor today to In the early 1980s, Augie led the fight Command stands up a new wing at Can- honor one of Alaska’s most admired to preserve AM broadcast coverage in non on October 1. Kirtland continues to pioneers and a dear friend of mine and Alaska, which resulted in the creation grow as home to much space work, in- my whole family. of the class of the 1–N FCC category, a cluding the Air Force Research Labora- Alaskans will remember Augie category just for our State of Alaska. tory’s Space Vehicle Directorate and Hiebert for his many achievements in Over the years, Augie introduced the Operationally Responsive Space Of- the field of broadcasting and for open- countless Alaskans to broadcasting and fice. ing the doors to modern communica- gave many their start in the industry. For the last 60 years, America has tions for all Alaskans. In a State with Though he officially retired in 1997, been protected by the greatest Air few roads, where hundreds of miles of Augie remained committed to the fu- Force in the world. I salute the men wilderness often separate towns and ture of broadcasting in Alaska, and and women of the Air Force and hope villages, Alaskans rely upon airwaves until the day of his death, he was talk- that on the Air Force’s 60th anniversary, New Mexicans will take time to to connect them with people and ing to me about the problem of white thank the officers and airmen who events across our State, across the spaces in the current debate over new have served and honor the memory of country, and around the globe. Augie digital broadcasting. was one of the first to bring the bene- He became a mentor to the students those who have given their lives in our defense. fits of broadcast technology to our last at Mirror Lake Middle School in Mr. CRAPO. Mr. President, GEN H.H. frontier. Chugiak, AK, where he shared his en- At an early age, Augie developed a ‘‘Hap’’ Arnold, USAF, once said, ‘‘A thusiasm for broadcasting and he modern, autonomous, and thoroughly fascination for electronics and radio helped students produce news programs which would lead him to a career in trained Air Force in being at all times for the school’s closed-circuit tele- will not alone be sufficient, but with- broadcasting. While growing up on an vision system, and they did that every orchard in Washington State during out it there can be no national secu- morning before school started. He rity.’’ It is in the name of our national the Great Depression, Augie built his showed them how to prepare a morning security that today I recognize the own first radio. He earned his ham show for their school. Augie brought U.S. Air Force’s 60th anniversary. radio license at the age of 15. He was leading professionals in the field of One hundred years ago, Henry H. just 22 years old when he came to Fair- broadcasting to Mirror Lake to share ‘‘Hap’’ Arnold graduated from the U.S. banks in 1939 to help a friend build their experiences and knowledge with Military Academy. That same year, in KFAR Radio. these students. Today, the school oper- August 1907, the U.S. Army Signal On the morning of December 7, 1941, ates a low-powered FM radio station Corps established an aeronautical divi- Augie was listening to ham radio which Augie helped build and license. sion to oversee ‘‘military ballooning, broadcasts at KFAR’s transmitter It is the only class D low-powered radio air machines and all kindred subjects.’’ when he heard of the attack on Pearl license in the country issued to a Arnold went on to become the Chief of Harbor. He was one of the first in Alas- school. the Army Air Corps, and, upon the cre- ka to hear the shocking news and im- Rather than all of the firsts he ation of the U.S. Air Force as a sepa- mediately alerted the commander of achieved during his long career, Alas- rate branch of the military in 1947, a Ladd Field right there in Fairbanks. kans will remember Augie most as the year after General Arnold’s retirement, Having witnessed firsthand the im- man who made the Nation’s largest Congress appointed him to the rank of pact broadcasting had on the lives of State a little bit smaller. His efforts five star general—the first and only in those who were living in Alaskan terri- brought us closer to one another and the history of the Air Force. tory, Augie set out to bring the tech- closer to the rest of the world. Our The U.S. Air Force was created by nology of television to what we call our thoughts and prayers are with Augie’s Congress to ‘‘be organized, trained, and great land. In 1953, Augie built Alas- daughters, their families, and all who equipped primarily for prompt and sus- ka’s first television station, KTVA, loved him. tained offensive and defensive air oper- bringing news, weather, sports, and en- This man was a great American, a ations.’’ ‘‘[It] shall be responsible for tertainment to the people of Anchor- great Alaskan, and my great friend. the preparation of the air forces nec- age. Two years later, he broadcast the f essary for the effective prosecution of first television shows to Fairbanks war except as otherwise assigned and, 60TH ANNIVERSARY OF THE when he built KTVF. Augie’s TV sta- in accordance with integrated joint UNITED STATES AIR FORCE tions brought history’s defining events mobilization plans, for the expansion of from around the globe into Alaska’s Mr. DOMENICI. Mr. President, today the peacetime components of the Air living rooms. In 1969, Augie gave us the I would like to pay tribute to the U.S. Force to meet the needs of war.’’ first live satellite broadcasts, and Alas- Air Force as it commemorates its 60th Today, on the anniversary of the Na- kans from Fairbanks to Anchorage anniversary, known as ‘‘Heritage to tional Security Act of 1947, we cele- watched Neil Armstrong walk on the Horizons . . . Commemorating 60 Years brate 60 years of an independent Air moon. of Air and Space Power.’’ New Mexico Force. This independence was nec- As Alaska’s broadcast industry grew, has maintained a long and close rela- essary and critical and remains so in so did Augie’s family. He and his wife tionship with the U.S. Air Force, and I order that, in the recent words of MG Pat raised four daughters. am proud to congratulate the Air Charles J. Dunlap, Jr., the United During his long career in broad- Force on its 60th anniversary. States has ‘‘one service that focuses on casting, Augie served Alaska in many New Mexico is home to Cannon, maximizing options for decision-mak- ways. He was the founder and president Holloman, and Kirtland Air Force ers by optimizing airpower.’’ of the Alaska Broadcasters Associa- Bases as well as the former Walker Air The U.S. Air Force, comprised of tion. When I was practicing law, I Force Base. We in New Mexico are hon- close to 700,000 Active Duty, civilian, helped him form that association. ored and proud that so many Air Force Air National Guard, and Air Force re- Every year, Augie brought a group of officers and airmen, whose profes- servists, plays a vital and instrumental Alaskan broadcasters to Washington sionalism and dedication are unsur- role in the ongoing fight against ter- for Alaska Day at the Federal Commu- passed, have called New Mexico home. rorism and other emerging threats on

VerDate Mar 15 2010 22:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18SE7.REC S18SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11650 CONGRESSIONAL RECORD — SENATE September 18, 2007 multiple fronts, from flying combat betterment of Shoshone-Paiute tribal had been disappointing. The leaders of missions and conducting manned and interests as well as maintaining state the country’s political parties distin- unmanned surveillance to logistical of the art training for our airmen. guished themselves by amassing per- ground support. Thirty-five thousand As a Nation, we are blessed to have sonal fortunes and doing little for the Air Force personnel are currently de- such an outstanding, committed, and people. ployed to 120 duty stations worldwide, respectable military. The Air Force But since the restoration of civilian keeping freedom alive and the forces of works intricately and effectively with government in April last year there tyranny at bay. Whether it is moni- the other military branches to skill- has been impressive progress. A Com- toring satellites in orbit or the space fully execute the war on terror, specifi- prehensive Peace Agreement was shuttle, delivering precision-guided cally, but not limited to, military oper- signed, Maoist combatants have gone munitions to air and ground targets or ations in Iraq and Afghanistan. Always into cantonments, the army has been patrolling the far reaches of cyber- innovative, the Air Force continues to confined to barracks, and the Maoists, space, the USAF maintains strategic look ahead, establishing itself as the until today, were part of the interim and operational dominance in theater dominant space defense force empow- Government. The King has been and around the globe. Fighters, bomb- ered and capable of facing new stra- stripped of all political power, al- ers, missiles, and unmanned aircraft tegic global realities in an ever-chang- though the ultimate fate of the mon- are the unparalleled tools of today’s ing global threat environment, ensur- archy has yet to be decided. The word airmen, tools they use with unmatched ing its ability to respond to threats im- ‘‘royal’’ has been eliminated from Gov- skill and lethal precision in defense of mediately and wherever they arise. ernment institutions, including the our freedom and liberties. Americans can be incredibly proud of army. Elections for a Constituent As- On a daily basis for over 4 years now, and thankful for the sacrifice of their sembly to be held in June were post- dozens of close air support missions— Air Force women and men worldwide. poned, but they have been rescheduled troop support, infrastructure protec- In the words of another famous former for November 22. The assembly is to tion, reconstruction activities and op- Chief of the Air Force, GEN Curtis draft a new constitution. erations to deter and disrupt terrorist LeMay, ‘‘If we maintain our faith in Also during this period, Nepal’s eth- activities—are conducted by coalition God, love of freedom, and superior nic minorities, women, and other forces in Iraq. The U.S. Air Force is re- global air power, the future looks groups who have long been persecuted sponsible for the majority of these. good.’’ and denied a voice have demanded Sixty years of Air Force excellence f equal rights and representation. This and superiority has been possible only NEPAL’S FUTURE poses both challenges and opportuni- because of those who have voluntarily ties for the Government. dedicated their lives to the success of Mr. LEAHY. Mr. President, there are The international community, in- U.S. air power. With the esteemed her- times in virtually every country’s his- cluding the United States, has sup- tory when years of underdevelopment itage of ‘‘Hap’’ Arnold and other distin- ported the peace process directly and and conflict give rise to opportunities guished and outstanding leaders in through our financial contributions to to change course. Such times are rare, their hearts, the men and women of the the United Nations which has per- and such opportunities are too often USAF and their families serve our Na- formed key monitoring functions. Re- missed. tion with distinction, integrity, and I think of our Civil War, which cently, the United States provided $3 patriotism. They approach their mis- caused so much loss of life and devasta- million to purchase the ballots for the sion in the same spirit with which they tion. It preserved the Union, and it led elections. Much has transpired since April 2006, swore their oath of allegiance: with a to the emancipation of some 3 million when I last spoke in this Chamber grave sense of duty, honor and bravery. African slaves. Nothing can diminish Idaho has been home to Mountain about political developments in Nepal. those achievements or the sacrifice of Home Air Force Base for over 60 years those who gave their lives. But instead Today, just 65 days before Nepal’s elec- now. Over the past half century, Moun- of providing the former slaves with the tions, I would like to address my brief tain Home AFB has hosted many di- equal rights to which they were enti- remarks to the people of Nepal and to verse missions of the Air Force includ- tled, until passage of the Civil Rights Nepal’s political parties, including the ing special and covert operations, com- Act a century later African Americans Maoists. On November 22, the people of Nepal bat and reconnaissance operations, bal- suffered from racially discriminatory listic missile defense, electronic com- laws that kept them in an inferior sta- will be presented with one of two op- bat, and fighter operations. It is one of tus. The country remained bitterly ditions: They will either have a historic the largest employers in the State of vided because of it. opportunity to create a legitimate, rep- Idaho. Nepal today faces its own historic resentative government which can only The Gunfighters, as Mountain Home choice. be achieved through a popular vote or AFB personnel are known, deploy to For more than a decade, Nepal has they will be denied that opportunity. If fight terror in an integrated fashion, been plagued by an internal armed con- the elections are held, Nepal will con- from the maintenance and piloting of flict in which savage brutality was in- tinue on a path that can bring its gov- F–15 Eagles, F–15E Strike Eagles, and flicted on impoverished civilians by ernmental institutions and its society F–16 Fighting Falcons to complemen- Maoist insurgents and the Royal Nepal into the modern age and begin to fi- tary support missions such as intel- Army. Over 13,000 people died, mostly nally address the poverty and injus- ligence and communications. In the air noncombatants, and virtually no one tices that gave rise to the conflict. If campaign against the Taliban in Af- has been held accountable for those they are denied, the Nepali people will ghanistan, the Gunfighters flew almost crimes. likely see their country become more 1,000 individual sorties. For more than two centuries, Nepal fragmented and ungovernable and more In addition to executing its military has been a monarchy whose Kings, with vulnerable to external influences over mission, the Air Force recognizes its rare exception, denied the rights and which they have little control. environmental responsibility to the ignored the needs of their people who Recent developments have been both communities in which it operates and remain among the world’s poorest. In encouraging and troubling. Perhaps has worked diligently over the years to February 2005, King Gyanendra, a nar- that is to be expected in a country of be a good steward of Federal land in cissistic, arrogant autocrat, seized ab- multiple ethnic groups speaking some southern Idaho. I have worked with solute power, jailed his opponents, and 93 languages that is struggling to leadership at the base on many land muzzled the press, only to relent in transform itself. management issues during my service April 2006 in the face of mounting The bombings in Kathmandu 3 weeks in Congress. Further, the Air Force international pressure and the protests ago, other violent acts perpetrated by continues to respect Native-American of thousands of courageous Nepali citi- newly formed armed groups in the cultural sensitivities and practices and zens. Terai and members of the Maoist works hard to do its part in maintain- Nepal’s previous experiment with young wing, the Young Communist ing a respectful relationship for the multiparty democracy during the 1990s League, and the Maoists decision to

VerDate Mar 15 2010 22:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18SE7.REC S18SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 18, 2007 CONGRESSIONAL RECORD — SENATE S11651 withdraw from the Government illus- rorist organizations. In order for that and his family of 12, who had just trate the fragility of the process. to happen, the Maoists need to take moved into a FEMA trailer after 16 Moreover, the leaders of the Congress unequivocal, positive steps. The cases horrific months of suffering. The fam- parties and the Maoists have done lit- of the murdered Nepali security guards ily had been rescued from the second- tle to prepare for the elections. At need to be satisfactorily resolved. The floor balcony of their home in the city times, party members have seemed party’s resumption of land seizures and after spending 2 days without food, more interested in furthering their own the reopening of so-called people’s water, and plumbing. personal ambitions and in derailing the courts are steps in the wrong direction. Distressed by the plight of Stanley electoral process altogether. The lead- To the other political parties in Gov- and his family, Smitty decided to help ing party of the left, the UML, has ernment, I would say that it is time to them rebuild their home and has al- done more to prepare. But all parties make good on your commitments. Not ready made a number of trips to New will need to promptly step up their only the Maoists but traditionally Orleans to do what he can. Now he has election activities if voters are to have marginalized groups as well are in- decided to spend his fall vacation in the informed choice they deserve. creasingly skeptical that the Govern- New Orleans to finish the job. On Sep- On the positive side, the Election ment is serious about delivering on its tember 30, he will be taking a group of Commission deserves credit for a voter key commitments to the peace process, volunteer builders from the Berkshires registration process that has reached whether downsizing and reforming the to New Orleans to do so. With these Nepal’s remotest villages. There is no army, supporting land reform, or cre- generous acts of kindness, Smitty has doubt that the people are eager to go ating jobs and opportunities for minor- shown us extraordinary dedication to to the polls, just as they were deter- ity groups that have long been dis- those less fortunate. mined to put an end to the King’s advantaged and ignored. While those As my brother Robert F. Kennedy abuse of power. groups should pursue their grievances said, ‘‘Each time a man stands up for Over the past 3 years, I have observed through a vigorous election campaign, an ideal, or acts to improve the lot of the fortitude of the Nepali people’s de- not through obstruction of the demo- others, or strikes out against injustice, sire for peace, for justice, and for a cratic process, the failure of the parties he sends forth a tiny ripple of hope, meaningful voice in government. Their to govern and match rhetoric with ac- and crossing each other from a million desire is shared and admired by the tion threatens the elections, as does different centers of energy and daring, American people. the Maoists’ saber rattling. those ripples build a current which can To the Maoists, I would say that it The leaders of Nepal’s political par- sweep down the mightiest of oppression was you who called for a Constituent ties know that the power of holding of- and resistance.’’ Assembly. Saying you are committed fice comes with responsibilities, and I commend Smitty for the remark- to the democratic process at the same the spotlight is on them. Lasting legit- able ripple of hope he is sending forth. time that you withdraw from the Gov- imacy comes not only through the bal- A recent article in the Berkshire Eagle ernment, make new demands that con- lot box but in the day-to-day ability to describes this amazing chapter in tradict previous commitments, support honor commitments and improve the Smitty’s life. I believe the article will disruptive economic strikes, and lives of all citizens. This is their be of interest to all my colleagues in threaten to return to confrontation is chance to put the Nepali people and the Senate, and I ask unanimous con- not the way to earn the people’s trust their country first, by showing that sent to have the article printed in the and support that are necessary to be- they believe in effective, accountable RECORD. come an effective force for change. Nor government. If they do not, the United There being no objection, the mate- is it the way to earn the trust of the States, and I suspect many other coun- rial was ordered to be printed in the United States. tries, will no longer afford them the le- RECORD, as follows: I have campaigned for elective office gitimacy they will need for our contin- [From the Berkshire Eagle, Sept. 3, 2007] five times over more than 30 years, and ued support. PIGNATELLI WILL TAKE ON KATRINA AGAIN I know something about earning the Mr. President, Nepal’s path to the fu- (By Derek Gentile) people’s trust and support. It does not ture may be decided in the waning LENOX.—State Rep. William ‘‘Smitty’’ come from dogmatic speeches or lofty months of this year. Although a small Pignatelli admitted yesterday that he under- party platforms or manifestos. It does country wedged between two emerging stands that he cannot repair all the problems not come from saying one thing and giants, Nepal is unique in more ways, that beset many of the folks in New Orleans then doing the opposite. It certainly more beautiful ways, than most other affected by Hurricane Katrina. does not come through the use of vio- countries its size. Today, the United But he and a group of contractor friends lence, threats, and extortion. It comes and constituents are going to try to fix a States—Congress and the Executive— very small corner of that world. by showing that you deserve the peo- are united in our desire to help Nepal Pignatelli and a small army of local build- ple’s trust and support. There is no bet- become a democracy whose Govern- ers will be heading down to New Orleans on ter way to begin that process than to ment is representative of Nepal’s re- Sept. 30 to repair and rebuild the home of seize this opportunity and show the markably diverse population and where New Orleans native Stanley Stewart, whose people that you can make the govern- the fundamental rights of all people house was one of the tens of thousands of ment work for them. are respected. homes devastated by the 2005 hurricane. ‘‘This is going to be the Berkshire County History is replete with examples of f armed groups that achieved popular le- version of (the television show) ‘Extreme Home Makeover,’ ’’ Pignatelli said. gitimacy through the democratic proc- REPRESENTATIVE PIGNATELLI TAKES ON KATRINA This will be Pignatelli’s fourth trip to New ess. If the Maoists win seats through Orleans. He said he has been appalled by the free and fair elections, uphold the com- Mr. KENNEDY. Mr. President, I wel- damage he has seen. mitments they have made in the Com- come this opportunity to commend my ‘‘When you go down there, and see the prehensive Peace Agreement and other friend and colleague in Massachusetts, damage that is still in evidence, you feel agreements, and devote themselves to State representative William ashamed of the government responsible for this,’’ he said. working for change peacefully, I am Pignatelli, who represents the fourth But he is also heartened constantly by the confident the United States will treat Berkshire district. In addition to his way people from other parts of the country them as rightful members of the elect- tireless dedication to the people of have come to try to help the survivors. ed Constituent Assembly or of the Gov- western Massachusetts, Smitty, as we Pignatelli met Stewart, who lives in the ernment. We may disagree with their all call him, has also shown his ex- lower ninth ward of New Orleans, last De- positions on some issues but not about traordinary commitment to public cember, while on one of his first trips to the their right to serve in Government and service by going far above and beyond beleaguered city. Eventually, he learned that to advocate for those positions. the call of duty to help people in New Stewart and his family lost their home in the hurricane and were living in a FEMA I know the Maoists are looking to Orleans devastated by Hurricane trailer ‘‘maybe a little bit bigger than my the United States to lift our restric- Katrina. SUV,’’ Pignatelli said. tions on their party and its leaders and During a trip to New Orleans last De- Resolving to help the family, he has made to remove them from our list of ter- cember, Smitty met Stanley Stewart several trips to New Orleans since with other

VerDate Mar 15 2010 22:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18SE7.REC S18SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11652 CONGRESSIONAL RECORD — SENATE September 18, 2007 builders, basically gutting the two-story ADDITIONAL STATEMENTS versity-Roswell for reaching its gold home and preparing it for renovation. A few anniversary of 50 years. When the months ago, they put a roof on the house. branch was established 50 years ago, Now, he said, the volunteer force he assem- TRIBUTE TO DR. MARTIN D. founders probably only dreamed it bled is ready to rebuild the rest of the struc- ABELOFF ture. would still be thriving well into the ‘‘We’re going to try to do it in seven days,’’ ∑ Mr. CARDIN. Mr. President, I wish to 21st century. he said. commemorate the life of Dr. Martin ENMU–R started out as Roswell The companies that are sending workers Abeloff, a leader in Maryland’s health Community College, only offering are Pignatelli Electric (run by brother care community who passed away last night classes 50 years ago. Through the Scott) and Don Fitzgerald Carpentry of Thursday, September 14, 2007. Our Lenox; Comalli Electric, Cardillo Plumbing last half century, they have continued electrician Jim Sorrentino and Fabino State and our Nation have lost a phe- to grow and expand into an established Drywall of Pittsfield; Doug Trombley Win- nomenally gifted doctor who was also a branch of Eastern New Mexico Univer- dows and Moran Mechanical of Lee; and car- pioneer in the fight against cancer. sity. Most recently, they have opened penter Dan Sartori of West Stockbridge. Tragically, his life was taken by the an expansive housing complex with In addition, Granite City Electric of Pitts- disease he dedicated his career to fight- dormitory rooms as well as apartments field donated much of the electrical equip- ing. for students. The university branch is ment, Scott’s Carpet One of Pittsfield do- Dr. Martin Abeloff was an inter- nated the kitchen cabinets and bathroom adding program offerings every year. vanities, and Pam Sandler Architects of nationally recognized oncologist who To date, they offer 70 different certifi- Stockbridge donated the blueprint. for 15 years led the Johns Hopkins cate and associate degrees. ENMU–R All are volunteers, Pignatelli said. Kimmel Cancer Center, one of Amer- continues to be a great place to learn Pignatelli himself sent a letter to many of ica’s premier cancer research and and experience the college life. his supporters asking that, instead of giving treatment centers. To celebrate the anniversary, the to his annual Aug. 31 fundraiser, they donate During his tenure as cancer center university has planned several events to the project. To date, he has raised $25,000 director, Dr. Abeloff doubled the size of for materials, lodging and transportation for throughout the fall. Events include the volunteer crew, he said. the center’s facility, helped increase free concerts, parades, festivals, and ‘‘It’s not often a politician puts aside polit- research funding sixfold, and expanded even a golf tournament, with the kick ical ambition like this,’’ said one of his sup- facilities to nearly 1 million square off event being a hot air balloon rally porters, Rachel Fletcher of Great Bar- feet of treatment and research space. held in late August. rington. ‘‘It’s commendable.’’ Under his leadership, some of the most Don Fitzgerald was one of the carpenters I join with ENMU–R in celebrating salient findings in cancer genetics and this momentous milestone. I look for- who went down the last time to help with cancer cell biology were realized and the roof. ward to at least 50 more years of pro- ‘‘I was on top of the roof, looking around have begun to be translated into pa- viding quality education to thousands at all the other houses in the neighborhood, tient care. of students.∑ and I thought, ‘Man, these guys got Foremost a humanitarian, Dr. ∑ Mr. CHAMBLISS. Mr. President, I whacked,’ ’’ he said. Abeloff was an activist who worked wish to encourage my colleagues to He said he met Stewart, ‘‘and I want to diligently to get clinical trials legisla- help the guy. He’s a good son of a gun.’’ join Senator ISAKSON and me in sup- tion passed in Maryland to ensure that port of the 2007 Senior League World As to whether or not the crew can finish cancer patients have access to state-of- the house in one week, Fitzgerald was con- Series Champions, the Senior League fident. the-art therapies. A staunch advocate team of Cartersville, GA. for tobacco control, he led the Mary- ‘‘In a week? We’re gonna kick the hell out On August 18, 2007, the Senior League land Cigarette Restitution Fund initia- of it,’’ he said. team from Cartersville, GA, defeated tives at Johns Hopkins supporting re- f the defending World Series champions search and cancer prevention outreach INCAN ARTIFACTS AGREEMENT of Falcon, Venezuela, by a score of 9 to to benefit poor and underserved com- 0 after Chris Huth pitched a complete Mr. DODD. Mr. President, I rise munities burdened by disproportion- game one-hitter. This victory con- today to commend Yale University and ately high cancer death rates. cluded their impressive season with a the Government of Peru on their agree- A trusted authority and adviser, record of 30 wins and only 2 losses. ment to settle a 6-year-long dispute Abeloff had served as president of the over Incan artifacts. American Society of Clinical Oncology, I would like to recognize the 14 Nearly 100 years ago, Yale history ASCO, chairman of the FDA Oncology young men of the Cartersville Senior professor Hiram Bingham made a his- Drug Advisory Committee, and he had League team individually for their toric archeological discovery near the been a member of the National Cancer great accomplishment: Garison Boston, famed Incan city of Machu Picchu. His Institute Executive Committee. Ben Bridges, Trey Dickson, Brad find, which included over 300 artifacts, He is remembered by his colleagues Green, Taylor Greene, Tyler Higgins, featuring rare examples of jewelry and and friends across the globe for his Chris Huth, Tyler Linn, Levi Mauldin, ceramic pottery, helped bring world- characteristic humility, wry sense of Colton Montgomery, Cole Payne, Zack wide attention to the rich culture of humor, extraordinary devotion to his Philliber, Hank Stewart, and Tyler the Incan peoples. For the past 95 patients and students, and the collabo- Williams. Their manager Eric Stewart years, these artifacts, which were rative spirit he nurtured in his long and coaches Jeff Payne and Mark claimed by the Peruvian Government, tenure at Johns Hopkins, where he Montgomery each deserve strong rec- have been in the possession of Yale spent most of his career. ognition for guiding these young play- University. Dr. Edward Miller, the CEO of Johns ers to victory. The landmark agreement, reached on Hopkins Medicine, described Abeloff as Moreover, I would be remiss if I did September 14, 2007, between Yale Uni- an ‘‘iconic Hopkins physician, sci- not recognize the teachers and stu- versity and the Government of Peru, entist, educator, leader, and good cit- dents of these young men’s schools, the which includes the creation of a trav- izen rolled into one.’’ fans who represented their community, eling international exhibition fea- I wish to express my condolences to and the State of Georgia for their en- turing these priceless historical arti- Dr. Abeloff’s family and to the Johns thusiasm and support. facts, is a symbol of both parties’ dedi- Hopkins community, which will also It is with great pride that I extend cation to international cooperation miss him greatly. I ask my colleagues my heartfelt congratulations to the and scholarship. I applaud Yale Univer- to join me in remembering him today.∑ Cartersville Senior League team and sity and the Peruvian Government for f their families. I am extremely proud of finding a compromise that will allow each of them and their accomplish- scholars, students, and interested peo- THE 50TH ANNIVERSARY OF EAST- ments. I wish them great success in the ple from across the globe and from all ERN NEW MEXICO UNIVERSITY- future and urge my colleagues to join walks of life to enjoy these splendid ROSWELL Senator ISAKSON and me in congratu- cultural artifacts for generations to ∑ Mr. DOMENICI. Mr. President, I wish lating them on this great accomplish- come. to recognize Eastern New Mexico Uni- ment.∑

VerDate Mar 15 2010 22:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18SE7.REC S18SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 18, 2007 CONGRESSIONAL RECORD — SENATE S11653 LOSS OF RAUL HILBERG The great documentary filmmaker, COMMEMORATING THE RETIRE- ∑ Mr. SANDERS. Mr. President, the Claude Lanzmann, spoke recently of MENT OF HANCEL PORTERFIELD State of Vermont has lost one of its his discovery of Hilberg’s book, which ∑ Mr. AKAKA. Mr. President, today I greatest scholars, Raul Hilberg. I wish occurred as he was considering making wish to congratulate Mr. Hancel to honor this remarkable man, the cen- the film that was to become ‘‘Shoah.’’ Porterfield on his retirement from Fed- tral figure in the founding and estab- ‘‘It took me months to get through this eral service on September 30, 2007, as lishment of Holocaust studies, not just formidable, magnificent, monstrous the Corrosion Prevention and Control in the United States, but in the world. book. Hilberg was a man of details, and Program Manager for the Marine It is fitting that he was also a central that is what I especially liked. The Corps. Hank, as he is known, along contributor to the establishment and first time he appears in ‘‘Shoah’’ he with a handful of staff, has been instru- development of the U.S. Holocaust Mu- says, ‘All along, during my work, I mental in giving new direction and co- seum. never began with the big questions be- hesion to the Marine Corps’ efforts to So horrific were the events of the cause I feared inadequate answers.’’’ combat corrosion. Since being hired as Holocaust that for many years scholars Lanzmann continues, ‘‘He laid bare the the first Program Manager for USMC avoided the subject. Not Raul Hilberg. implacable mechanism of what he held CPAC, Mr. Porterfield has been instru- Born in Vienna, Austria, he and his to be a bureaucratic process of destruc- mental in completely changing the di- family fled the Anschluss of Hitler and tion. From the moment the German rection of CPAC from a study program the Nazis to emigrate, first to Cuba, bureaucracy made its object, it could administered by the Naval Surface and ultimately to the United States. only go all the way, as through carried Warfare Command, NSWC, to a pro- While in Cuba, he saw the fate of the by its own logic.’’ gram serving the warfighter at the Ma- S.S. St. Louis, a ship full of Jews who Hilberg published other important rine Expeditionary Force, MEF, level. had fled Germany seeking asylum. The books, among them ‘‘Perpetrators, Vic- Not only has Mr. Porterfield created ship was denied permission to land in tims, Bystanders’’ and a memoir, ‘‘The a full service program with a workforce Havana, and only after a long voyage Politics of Memory.’’ He edited ‘‘The of 95 people from Camp Lejeune to Oki- from port to port were its 936 Jewish Warsaw Diaries of Adam Czerniakov,’’ nawa in just 31⁄2 years, Mr. Porterfield passengers finally allowed to dis- which was translated by his colleague, also established a research and devel- embark in several European countries. Stanislaw Staron. opment arm to examine new products, In the United States, Hilberg served But he was not just a scholar in an procedures, and methods for reducing in the Infantry of the U.S. Army. Upon archive. As one of the Senate’s rep- corrosion. Recently, I had occasion to his return to this country he did grad- resentatives on the U.S. Holocaust Me- uate work at Columbia University, participate in a ribbon-cutting cere- morial Council, I am very aware of his mony for a U.S. Marines Corps corro- where he received a Ph.D. under the tu- work in the public sphere, work which telage of Franz Neumann. His doctoral sion prevention and control complex in richly supplemented his great con- thesis was on the Holocaust: he took Kaneohe Bay, HI, and had the privilege tributions as an academic scholar. An careful and copious notes on Nazi docu- of meeting Mr. Porterfield in person. I original member of the President’s ments seized by the U.S. Army, tran- was impressed by his dedication to Commission on the Holocaust, Raul scribing the information he uncovered duty and his service and leadership in Hilberg, played a central role in the on index cards. Then he sat at a small launching the USMC CPAC Program. founding of the U.S. Holocaust Mu- table in his parents’ apartment and I would like to express my deepest seum. He then served on the U.S. Holo- wrote his thesis on the basis of those appreciation and warmest aloha to Mr. caust Memorial Council from 1980 cards. That thesis was the kernel of the Porterfield. In government we all hope through 1988, and further served on the greatest scholarly work ever written one person can make a difference. I Museum’s Academic Committee from on the Holocaust. think Mr. Porterfield is one person who its inception through 2005. In 1956, Raul Hilberg became an as- has made a difference and leaves be- sistant professor of political science at His friend, Michael Berenbaum re- hind a legacy of success. Best wishes the University of Vermont. He later be- cently wrote this about his involve- Hank for a long and enjoyable retire- ∑ came professor and chairman of that ment with our Nation’s great memorial ment. department. He remained at U.V.M. for to the ‘‘Shoah’’: ‘‘For his work with f the rest of his career until his retire- the U.S. Holocaust Memorial Museum, ment in 1991, despite many enticements Hilberg never once accepted remunera- TRIBUTE TO COBB COUNTY, GEOR- to go to major research universities, tion, even when others were paid for GIA PUBLIC SAFETY PERSONNEL sustained in his academic life by his their work. He was a consistent, gra- ∑ Mr. ISAKSON. Mr. President, on Oc- friends Jay Gould, Stan Staron, and cious and insisting presence demanding tober 1, 2007, the Cobb Chamber of Sam Bogorad. He was a great teacher. the highest of standards of others and Commerce will hold its Public Safety One of his colleagues remembers at- measuring up to them himself.’’ In his Recognition Awards breakfast, and I tending his course on the Holocaust: honor, the museum has established the wish to express my heartfelt gratitude ‘‘His words came out in perfectly struc- Raul Hilberg Scholarship. and appreciation for all public safety tured paragraphs, eloquent with a For his great scholarly and public ac- personnel in my home county of Cobb. quiet gravity, so compelling that every complishments, Raul Hilberg was Our public safety officers and per- student in the class was transfixed named a Fellow of the American Acad- sonnel make the difference in ensuring from the moment Raul began speaking emy of Arts and Sciences in 2005. that we are able to go about our daily until the bell rang for the end of An enthralling and inspiring teacher, routines, get a good night’s sleep, and class.’’ Raul Hilberg will be missed by many enjoy the many freedoms we have in In 1961, Raul Hilberg’s magisterial generations of students at the Univer- our country today because we don’t ‘‘The Destruction of the European sity of Vermont. The absence of his have to constantly fear for our well- Jews’’ was published, but only after re- deep knowledge and unsparing honesty being. For this, I believe I am rep- jections from many publishers. Even leaves the world of Holocaust studies resenting not only my Cobb County Yad Vashem rejected the manuscript bereft of its presiding genius. And his constituents, but all Georgians when I because some scholars disagreed with passing leaves a great loss in the lives say thank you to all of our public safe- Hilberg’s perspective. Thereafter re- of his wife, Gwendolyn and his chil- ty personnel. vised and updated in succeeding edi- dren, David and Deborah. Whether they are the dispatcher an- tions, the book was then, and has re- Raul Hilberg’s work, however, which swering the telephone, an officer on the mained, the most important, the most so carefully details the bureaucracy of street, an undercover agent living in seminal, work on the Holocaust. It, annihilation, will live on to serve as a dirty and dangerous conditions to ob- more than any other scholarly work, constant reminder of the responsibil- tain needed information or an assistant was responsible for the creation of ities that we have, as citizens and as at a desk, they all work as a team to what we know today as the field of Hol- individuals, for the sufferings of oth- keep me safe, my family safe, and Cobb ocaust Studies. ers.∑ County safe.

VerDate Mar 15 2010 22:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18SE7.REC S18SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11654 CONGRESSIONAL RECORD — SENATE September 18, 2007 In addition to the daily requirements EXECUTIVE MESSAGES REFERRED S. 2059. A bill to amend the Family and of basic safety, they go above and be- Medical Leave Act of 1993 to clarify the eligi- As in executive session the Presiding bility requirements with respect to airline yond by helping to educate our citizens Officer laid before the Senate messages and young people through special pro- flight crews; to the Committee on Health, from the President of the United Education, Labor, and Pensions. grams in schools, such as Partners in States submitting sundry nominations By Mr. FEINGOLD (for himself, Mr. Education, and throughout the commu- and a withdrawal which were referred LIEBERMAN, Mrs. LINCOLN, Mr. DODD, nity to help fight crime and keep folks to the appropriate committees. and Mr. OBAMA): off drugs. (The nominations received today are S. 2060. A bill to amend the Elementary As we recently observed the sixth an- printed at the end of the Senate pro- and Secondary Education Act of 1965 to es- niversary of the September 11 attacks ceedings.) tablish a Volunteer Teacher Advisory Com- on our Nation, we are reminded of the mittee; to the Committee on Health, Edu- great lengths our public safety per- f cation, Labor, and Pensions. By Mr. HARKIN (for himself, Mr. KEN- sonnel and first responders go to in MESSAGES FROM THE HOUSE order to keep us safe. Cobb County’s NEDY, Mrs. MURRAY, Mr. DODD, Mrs. CLINTON, Mr. OBAMA, Mrs. BOXER, Mr. public safety personnel—our police, SCHUMER, Ms. CANTWELL, and Mr. firefighters and emergency medical ENROLLED BILLS SIGNED CASEY): professionals—have answered the extraordinary call to serve their county At 10:35 a.m., a message from the S. 2061. A bill to amend the Fair Labor Standards Act of 1938 to exempt certain and risk their lives to keep our com- House of Representatives, delivered by Ms. Niland, one of its reading clerks, home health workers from the provisions of munity safe. They are America’s first such Act; to the Committee on Health, Edu- line of defense, and they are our true announced that the Speaker has signed cation, Labor, and Pensions. American heroes.∑ the following enrolled bills: By Mr. DORGAN (for himself, Mr. H.R. 954. An act to designate the facility of REID, Ms. MURKOWSKI, Mr. INOUYE, f the United States Postal Service located at Mr. JOHNSON, Ms. CANTWELL, Mr. 365 West 125th Street in New York, New TESTER, Mr. BINGAMAN, and Mr. York, as the ‘‘Percy Sutton Post Office DOMENICI): CONGRATULATING THE CARTERS- Building’’. S. 2062. A bill to amend the Native Amer- VILLE SENIOR LEAGUE TEAM H.R. 3218. An act to designate a portion of ican Housing Assistance and Self-Determina- ∑ Mr. ISAKSON. Mr. President, I wish Interstate Route 395 located in Baltimore, tion Act of 1996 to reauthorize that Act, and Maryland, as ‘‘Cal Ripken Way’’. to honor in the RECORD the Senior for other purposes; to the Committee on In- League team of Cartersville, GA, on dian Affairs. At 2:15 p.m., a message from the By Mr. CONRAD (for himself and Mr. their victory in the 2007 Senior League House of Representatives, delivered by GREGG): World Series. Ms. Niland, one of its reading clerks, These fine young men played out- S. 2063. A bill to establish a Bipartisan announced that the House has passed Task Force for Responsible Fiscal Action, to standing baseball through the entire the following bills, in which it requests assure the economic security of the United tournament, but in the World Series the concurrence of the Senate: States, and to expand future prosperity and Championship game, they soared and growth for all Americans; to the Committee H.R. 1154. An act to award a Congressional on the Budget. played like true professionals. In their Gold Medal to Michael Ellis DeBakey, M.D. By Mr. DURBIN: final game, Chris Huth pitched a com- H.R. 1657. An act to establish a Science and plete game one-hitter and Cole Mont- Technology Scholarship Program to award S. 2064. A bill to fund comprehensive pro- gomery hit a three-run home run to scholarships to recruit and prepare students grams to ensure an adequate supply of lead their team to a dominating vic- for careers in the National Weather Service nurses; to the Committee on Health, Edu- tory over the defending champion Fal- and in National Oceanic and Atmospheric cation, Labor, and Pensions. con, Venezuela. Administration marine research, atmos- By Mrs. MURRAY: These are special young men: Garison pheric research, and satellite programs. S. 2065. A bill to provide assistance to com- Boston, Ben Bridges, Trey Dickson, H.R. 3527. An act to extend for two months munity health coalitions to increase access the authorities of the Overseas Private In- to and improve the quality of health care Brad Green, Taylor Greene, Tyler Hig- vestment Corporation. gins, Chris Huth, Tyler Linn, Levi services; to the Committee on Health, Edu- H.R. 3528. An act to provide authority to cation, Labor, and Pensions. Mauldin, Colton Montgomery, Cole the Peace Corps to provide separation pay By Mr. OBAMA: Payne, Zack Philliber, Hank Stewart, for host country resident personal services S. 2066. A bill to establish nutrition and and Tyler Williams. The men have contractors of the Peace Corps. physical education standards for schools; to brought great pride to their State, f the Committee on Agriculture, Nutrition, great pride to their parents, and great and Forestry. pride to the great city of Cartersville, MEASURES REFERRED By Mr. MARTINEZ (for himself, Mr. GA. The following bill was read the first BURR, Mr. LOTT, Mrs. DOLE, Mr. Their manager Eric Stewart and and the second times by unanimous ISAKSON, Mr. BUNNING, and Mr. CORNYN): coaches Jeff Payne and Mark Mont- consent, and referred as indicated: gomery each deserve strong recogni- S. 2067. A bill to amend the Federal Water H.R. 1657. An act to establish a Science and Pollution Control Act relating to rection for guiding these young players to Technology Scholarship Program to award reational vessels; to the Committee on Envi- victory. scholarships to recruit and prepare students ronment and Public Works. I am pleased to join Senator for careers in the National Weather Service CHAMBLISS in acknowledging the great and in National Oceanic and Atmospheric achievement of these young men and to Administration marine research, atmos- f extend my deepest congratulations to pheric research, and satellite programs; to the 2007 Senior League World Series the Committee on Commerce, Science, and Transportation. SUBMISSION OF CONCURRENT AND Champions, the Senior League team of SENATE RESOLUTIONS Cartersville, GA.∑ f The following concurrent resolutions INTRODUCTION OF BILLS AND and Senate resolutions were read, and f JOINT RESOLUTIONS referred (or acted upon), as indicated: The following bills and joint resolu- By Mr. DURBIN: MESSAGES FROM THE PRESIDENT tions were introduced, read the first S. Res. 319. A resolution expressing the Messages from the President of the and second times by unanimous con- sense of the Senate regarding the United United States were communicated to sent, and referred as indicated: States Transportation Command on its 20th the Senate by Ms. Evans, one of his By Mrs. CLINTON (for herself and Mr. anniversary; to the Committee on Armed secretaries. KENNEDY): Services.

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By Mr. BIDEN (for himself, Mr. LUGAR, S. 638 S. 1459 and Mr. CARDIN): At the request of Mr. ROBERTS, the At the request of Mr. MENENDEZ, the S. Res. 320. A resolution recognizing the name of the Senator from Louisiana name of the Senator from Maryland achievements of the people of Ukraine in (Mr. VITTER) was added as a cosponsor (Mr. CARDIN) was added as a cosponsor pursuit of freedom and democracy, and expressing the hope that the parliamentary of S. 638, a bill to amend the Internal of S. 1459, a bill to strengthen the Na- elections on September 30, 2007, preserve and Revenue Code of 1986 to provide for col- tion’s research efforts to identify the extend these gains and provide for a stable legiate housing and infrastructure causes and cure of psoriasis and psori- and representative government; to the Com- grants. atic arthritis, expand psoriasis and pso- mittee on Foreign Relations. S. 819 riatic arthritis data collection, study By Mr. ENZI (for himself, Mr. NELSON At the request of Mr. DORGAN, the access to and quality of care for people of Nebraska, Mr. THUNE, Mr. MAR- name of the Senator from Minnesota with psoriasis and psoriatic arthritis, TINEZ, Mr. DOMENICI, Mr. BINGAMAN, and for other purposes. Ms. MURKOWSKI, Mr. ALLARD, Mr. (Ms. KLOBUCHAR) was added as a co- CRAPO, Mr. ISAKSON, Mr. GRAHAM, sponsor of S. 819, a bill to amend the S. 1465 Mr. ROBERTS, Mr. TESTER, Mr. SALA- Internal Revenue Code of 1986 to ex- At the request of Mr. CONRAD, the ZAR, Mr. BROWNBACK, Mr. BROWN, and pand tax-free distributions from indi- name of the Senator from Massachu- Mrs. LINCOLN): vidual retirement accounts for chari- setts (Mr. KERRY) was added as a co- S. Con. Res. 47. A concurrent resolution table purposes. sponsor of S. 1465, a bill to amend title recognizing the 60th anniversary of the XVIII of the Social Security Act to United States Air Force as an independent S. 911 military service; to the Committee on At the request of Mr. REED, the name provide for coverage under the Medi- Armed Services. of the Senator from Arkansas (Mr. care program of certain medical mobility devices approved as class III med- f PRYOR) was added as a cosponsor of S. 911, a bill to amend the Public Health ical devices. ADDITIONAL COSPONSORS Service Act to advance medical re- S. 1515 S. 156 search and treatments into pediatric At the request of Mr. BIDEN, the At the request of Mr. MCCAIN, the cancers, ensure patients and families names of the Senator from Indiana name of the Senator from Mississippi have access to the current treatments (Mr. BAYH) and the Senator from Alas- (Mr. LOTT) was added as a cosponsor of and information regarding pediatric ka (Mr. STEVENS) were added as co- S. 156, a bill to make the moratorium cancers, establish a population-based sponsors of S. 1515, a bill to establish a on Internet access taxes and multiple national childhood cancer database, domestic violence volunteer attorney and discriminatory taxes on electronic and promote public awareness of pedi- network to represent domestic violence commerce permanent. atric cancers. victims. S. 185 S. 935 S. 1518 At the request of Mr. LEAHY, the At the request of Mr. NELSON of Flor- At the request of Mr. REED, the name name of the Senator from Washington ida, the name of the Senator from of the Senator from Colorado (Mr. (Mrs. MURRAY) was added as a cospon- North Dakota (Mr. DORGAN) was added SALAZAR) was added as a cosponsor of sor of S. 185, a bill to restore habeas as a cosponsor of S. 935, a bill to repeal S. 1518, a bill to amend the McKinney- corpus for those detained by the United the requirement for reduction of sur- Vento Homeless Assistance Act to re- States. vivor annuities under the Survivor authorize the Act, and for other pur- S. 338 Benefit Plan by veterans’ dependency poses. At the request of Mr. CONRAD, the and indemnity compensation, and for S. 1638 name of the Senator from South Da- other purposes. At the request of Mr. LEAHY, the kota (Mr. JOHNSON) was added as a co- S. 988 name of the Senator from Virginia (Mr. sponsor of S. 338, a bill to amend title At the request of Ms. MIKULSKI, the WARNER) was added as a cosponsor of S. XVIII of the Social Security Act to en- names of the Senator from California 1638, a bill to adjust the salaries of Fed- sure and foster continued patient qual- (Mrs. BOXER) and the Senator from eral justices and judges, and for other ity of care by establishing facility and Minnesota (Ms. KLOBUCHAR) were added purposes. patient criteria for long-term care hos- as cosponsors of S. 988, a bill to extend S. 1708 pitals and related improvements under the termination date for the exemption At the request of Mr. DODD, the the Medicare program. of returning workers from the numer- names of the Senator from California S. 469 ical limitations for temporary workers. (Mrs. BOXER) and the Senator from At the request of Mr. BAUCUS, the S. 1239 Connecticut (Mr. LIEBERMAN) were name of the Senator from Montana At the request of Mr. ROCKEFELLER, added as cosponsors of S. 1708, a bill to (Mr. TESTER) was added as a cosponsor the name of the Senator from Arkansas provide for the expansion of Federal ef- of S. 469, a bill to amend the Internal (Mr. PRYOR) was added as a cosponsor forts concerning the prevention, edu- Revenue Code of 1986 to make perma- of S. 1239, a bill to amend the Internal cation, treatment, and research activi- nent the special rule for contributions Revenue Code of 1986 to extend the new ties related to Lyme and other tick- of qualified conservation contribu- markets tax credit through 2013, and borne diseases, including the establish- tions. for other purposes. ment of a Tick-Borne Diseases Advi- S. 573 S. 1418 sory Committee. At the request of Ms. STABENOW, the At the request of Mr. DODD, the name S. 1760 name of the Senator from Ohio (Mr. of the Senator from Pennsylvania (Mr. At the request of Mr. BROWN, the BROWN) was added as a cosponsor of S. CASEY) was added as a cosponsor of S. names of the Senator from Illinois (Mr. 573, a bill to amend the Federal Food, 1418, a bill to provide assistance to im- DURBIN) and the Senator from Wash- Drug, and Cosmetic Act and the Public prove the health of newborns, children, ington (Mrs. MURRAY) were added as Health Service Act to improve the pre- and mothers in developing countries, cosponsors of S. 1760, a bill to amend vention, diagnosis, and treatment of and for other purposes. the Public Health Service Act with re- heart disease, stroke, and other cardio- S. 1430 spect to the Healthy Start Initiative. vascular diseases in women. At the request of Mr. OBAMA, the S. 1843 S. 626 name of the Senator from Mississippi At the request of Mr. KENNEDY, the At the request of Mr. KENNEDY, the (Mr. LOTT) was added as a cosponsor of names of the Senator from Pennsyl- name of the Senator from Minnesota S. 1430, a bill to authorize State and vania (Mr. CASEY) and the Senator (Ms. KLOBUCHAR) was added as a co- local governments to direct divestiture from Delaware (Mr. CARPER) were sponsor of S. 626, a bill to amend the from, and prevent investment in, com- added as cosponsors of S. 1843, a bill to Public Health Service Act to provide panies with investments of $20,000,000 amend title VII of the Civil Rights Act for arthritis research and public or more in Iran’s energy sector, and for of 1964 and the Age Discrimination in health, and for other purposes. other purposes. Employment Act of 1967 to clarify that

VerDate Mar 15 2010 22:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18SE7.REC S18SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11656 CONGRESSIONAL RECORD — SENATE September 18, 2007 an unlawful practice occurs each time (Mr. VITTER) and the Senator from H.R. 1585, to authorize appropriations compensation is paid pursuant to a dis- Oklahoma (Mr. INHOFE) were added as for fiscal year 2008 for military activi- criminatory compensation decision or cosponsors of S. Res. 315, a resolution ties of the Department of Defense, for other practice, and for other purposes. to express the sense of the Senate that military construction, and for defense S. 1895 General David H. Petraeus, Com- activities of the Department of Energy, At the request of Mr. REED, the manding General, Multi-National to prescribe military personnel names of the Senator from Massachu- Force-Iraq, deserves the full support of strengths for such fiscal year, and for setts (Mr. KENNEDY) and the Senator the Senate and strongly condemn per- other purposes. from Maryland (Mr. CARDIN) were sonal attacks on the honor and integ- AMENDMENT NO. 2335 added as cosponsors of S. 1895, a bill to rity of General Petraeus and all the At the request of Mr. BIDEN, the aid and support pediatric involvement members of the United States Armed names of the Senator from South Caro- in reading and education. Forces. lina (Mr. GRAHAM), the Senator from S. 1944 S. RES. 316 Pennsylvania (Mr. CASEY), the Senator At the request of Mr. LAUTENBERG, At the request of Mr. REED, the name from Ohio (Mr. BROWN), the Senator the names of the Senator from North of the Senator from Mississippi (Mr. from Vermont (Mr. SANDERS) and the Carolina (Mr. BURR) and the Senator COCHRAN) was added as a cosponsor of Senator from Arkansas (Mrs. LINCOLN) from Georgia (Mr. ISAKSON) were added S. Res. 316, a resolution designating were added as cosponsors of amend- as cosponsors of S. 1944, a bill to pro- the week of October 21 through October ment No. 2335 intended to be proposed vide justice for victims of state-spon- 27, 2007 as ‘‘National Childhood Lead to H.R. 1585, to authorize appropria- sored terrorism. Poisoning Prevention Week.’’ tions for fiscal year 2008 for military S. 1958 AMENDMENT NO. 2000 activities of the Department of De- At the request of Mr. CONRAD, the At the request of Mr. NELSON of Flor- fense, for military construction, and name of the Senator from Louisiana ida, the name of the Senator from for defense activities of the Depart- (Mr. VITTER) was added as a cosponsor North Dakota (Mr. DORGAN) was added ment of Energy, to prescribe military of S. 1958, a bill to amend title XVIII of as a cosponsor of amendment No. 2000 personnel strengths for such fiscal the Social Security Act to ensure and intended to be proposed to H.R. 1585, to year, and for other purposes. foster continued patient quality of care authorize appropriations for fiscal year f by establishing facility and patient cri- 2008 for military activities of the De- STATEMENTS ON INTRODUCED teria for long-term care hospitals and partment of Defense, for military con- BILLS AND JOINT RESOLUTIONS related improvements under the Medi- struction, and for defense activities of care program. the Department of Energy, to prescribe By Mr. FEINGOLD (for himself, IEBERMAN INCOLN S. 1984 military personnel strengths for such Mr. L , Mrs. L , At the request of Mr. KYL, the name fiscal year, and for other purposes. Mr. DODD, and Mr. OBAMA): S. 2060. A bill to amend the Elemen- of the Senator from Kentucky (Mr. AMENDMENT NO. 2057 tary and Secondary Education Act of MCCONNELL) was added as a cosponsor At the request of Mr. FEINGOLD, the 1965 to establish a Volunteer Teacher of S. 1984, a bill to strengthen immigra- name of the Senator from Minnesota Advisory Committee; to the Com- tion enforcement and border security (Ms. KLOBUCHAR) was added as a co- mittee on Health, Education, Labor, and for other purposes. sponsor of amendment No. 2057 in- and Pensions. S 2049 tended to be proposed to H.R. 1585, to . Mr. FEINGOLD. Mr. President, I am authorize appropriations for fiscal year At the request of Mr. KENNEDY, the today introducing the Teachers at the 2008 for military activities of the De- names of the Senator from Missouri Table Act of 2007. This bill is the Sen- partment of Defense, for military con- (Mrs. MCCASKILL), the Senator from ate companion to legislation intro- struction, and for defense activities of Pennsylvania (Mr. CASEY) and the Sen- duced in the House of Representatives the Department of Energy, to prescribe ator from Vermont (Mr. SANDERS) were earlier this year by Representative added as cosponsors of S. 2049, a bill to military personnel strengths for such CAROLYN MCCARTHY of New York and prohibit the implementation of policies fiscal year, and for other purposes. Representative LEE TERRY of Ne- to prohibit States from providing qual- AMENDMENT NO. 2072 braska. I am pleased this legislation is ity health coverage to children in need At the request of Mrs. LINCOLN, the cosponsored by my colleagues, Senator under the State Children’s Health In- name of the Senator from Maryland JOSEPH LIEBERMAN of Connecticut, surance Program (SCHIP). (Mr. CARDIN) was added as a cosponsor Senator BLANCHE LINCOLN of Arkansas, S. CON. RES. 45 of amendment No. 2072 intended to be and Senator CHRISTOPHER DODD of Con- At the request of Mr. CARDIN, the proposed to H.R. 1585, to authorize ap- necticut. name of the Senator from Maryland propriations for fiscal year 2008 for This legislation would create a Vol- (Ms. MIKULSKI) was added as a cospon- military activities of the Department unteer Teacher Advisory Committee to sor of S. Con. Res. 45, a concurrent res- of Defense, for military construction, advise Congress and the Department of olution commending the Ed Block and for defense activities of the De- Education on the impact of No Child Courage Award Foundation for its partment of Energy, to prescribe mili- Left Behind, NCLB, on students, their work in aiding children and families af- tary personnel strengths for such fiscal families, and the classroom learning fected by child abuse, and designating year, and for other purposes. environment. The teachers serving on November 2007 as National Courage AMENDMENT NO. 2074 this Committee would be chosen from Month. At the request of Mrs. LINCOLN, the past or present state or national S. RES. 106 name of the Senator from Maryland Teachers of the Year and would be At the request of Mr. DURBIN, the (Mr. CARDIN) was added as a cosponsor competitively selected by the Sec- name of the Senator from Washington of amendment No. 2074 intended to be retary of Education and the majority (Mrs. MURRAY) was added as a cospon- proposed to H.R. 1585, to authorize ap- and minority leaders of both the U.S. sor of S. Res. 106, a resolution calling propriations for fiscal year 2008 for Senate and the House of Representa- on the President to ensure that the for- military activities of the Department tives. eign policy of the United States re- of Defense, for military construction, Every year I travel to each of Wis- flects appropriate understanding and and for defense activities of the De- consin’s 72 counties to hold a listening sensitivity concerning issues related to partment of Energy, to prescribe mili- session to listen to Wisconsinites con- human rights, ethnic cleansing, and tary personnel strengths for such fiscal cerns and answer their questions. Since genocide documented in the United year, and for other purposes. NCLB was enacted in early 2002, edu- States record relating to the Armenian AMENDMENT NO. 2313 cation has rated as one of the top Genocide. At the request of Mr. LEVIN, the issues brought up at my listening ses- S. RES. 315 name of the Senator from California sions. I have received feedback from At the request of Mr. CORNYN, the (Mrs. BOXER) was added as a cosponsor constituents about the noble inten- names of the Senator from Louisiana of amendment No. 2313 proposed to tions of NCLB, but I have also heard

VerDate Mar 15 2010 22:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18SE7.REC S18SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 18, 2007 CONGRESSIONAL RECORD — SENATE S11657 about the multitude of implementation OBAMA, Mrs. BOXER, Mr. SCHU- Last week, several constituents who problems with the law’s provisions. MER, Ms. CANTWELL, and Mr. provide these kinds of services came to The feedback from teachers, parents, CASEY): my office. One man, Pete Faust, has school administrators, and school S. 2061. A bill to amend the Fair worked in home care settings for 30 board members has been invaluable Labor Standards Act of 1938 to exempt years. Pete makes $12 an hour and ad- over the past 5 years and yesterday, I certain home health workers from the mits he has trouble making ends meet; introduced the Improving Student provisions of such Act; to the Com- the overtime pay he receives makes it Testing Act of 2007 in response to some mittee on Health, Education, Labor, possible to pay the bills. He knows that of that feedback. and Pensions. he could go work somewhere else and The Teachers at the Table bill I am Mr. HARKIN. Mr. President, I have make twice as much, but he worries introducing today seeks to help ensure come to the floor, today, to introduce that it is hard on his clients not to see that Congress and the Department of the Fair Home Health Care Act of 2007 the same friendly familiar face on a Education receive high-quality yearly to recognize the extraordinary value of regular basis. feedback on how NCLB is impacting the services that home health care Casey Cole is another of my constitu- classroom learning around the country. workers perform. This legislation is in ents, and he is in a similar position. He The teachers who will serve on the response to a Supreme Court decision works 12 days in a row, and then gets committee will be competitively cho- in June that ruled that home care two days off. Often, however, there sen from past and present Teachers of workers are not entitled to the protec- isn’t anyone else to cover the shifts the Year, who represent some of the tions provided by the Fair Labor when he is off, so he will work 26 days best that teaching has to offer. The bill Standards Act. in a row. Even his days off aren’t really would create a committee of twenty At the center of that case was a 73- days off, because he’s answering calls teachers, with four selected by the Sec- year-old retiree named Evelyn Coke, or checking in to make sure that all retary of Education and four selected who spent some two decades of her life the people under his care are getting by each of the majority and minority cooking, bathing, feeding, and caring their needs met. for the everyday medical needs of peo- leaders in the U.S. Senate and House of Not everyone is fortunate enough to ple who cannot take care of them- Representatives. These teachers would have a Pete Faust or a Casey Cole to selves. Today, Evelyn Coke suffers serve 2-year terms on the advisory help them out. There is a shortage of from kidney failure. But despite 20 committee and would work to prepare qualified home care workers, and of years of working more than 40 hours a annual reports to Congress as well as there is high turnover in the field. week, she can’t afford a home health quarterly updates on the law’s imple- Some 86 percent of direct care workers care worker to take care of her. She mentation. turn over every year. Almost 90 per- sued her employer for not paying time- Every State and every school district cent of homecare workers are women, and-a-half pay for all those hours that is different and this legislation ensures and they are predominantly minority she worked overtime but was denied that the teacher advisory committee women, making an average of just $9 premium pay by way of compensation. will represent a wide range of view- an hour. points. The bill specifies that the vol- Unfortunately, Evelyn Coke lost her case before the Court because of an The reason for the shortage of people unteer teacher advisory committee to do this work is certainly not a should include teachers from diverse outdated exemption to the Federal minimum wage and overtime laws. shortage of compassion. The problem is geographic areas, teachers who teach that people need to be able to make a different grade levels, and teachers In 1974, Congress expanded the Fair Labor Standards Act, FLSA, include living wage when they have their own from a variety of specialty areas. Cre- families to take care of. It is high time ating a diverse committee will help en- protections for most domestic workers, such as chauffeurs and housekeepers. to grant these hard-working people the sure that the committee presents a minimum wage and overtime protec- broad range of viewpoints on NCLB to However, a narrow exemption was created for employees providing ‘‘compan- tion. That is why I am introducing this Congress and the Department of Edu- legislation, today. cation. ionship services’’ to seniors and people Much work needs to be done this fall with disabilities. At that time, home The Fair Home Health Care Act will to reform many of the mandates of care, like babysitting, was largely pro- include home care workers under the NCLB and I look forward to working vided by neighbors and friends. same rules that currently cover baby- with my colleagues during the reau- In the three decades since the exemp- sitters. That is to say, they will be en- thorization to make those necessary tion was created, the numbers of home titled to Fair Labor Standards Act pro- changes. One thing is certain—what- care workers and their responsibilities tections if they are not employed on a ever form the reauthorized NCLB have expanded dramatically as the pop- ‘‘casual basis.’’ Casual basis is defined takes, there will be a need for con- ulation has aged and more and more as employment on an irregular or sistent feedback from a diverse range people are choosing long-term health intermittent basis, when the employ- of viewpoints. care services in their homes rather ee’s primary vocation is not the provi- We need to ensure that the voices of than in institutions. There are more sion of homecare, the employee is not students, educators, parents, and ad- than 1 million home care workers in employed by an agency other than the ministrators, who are on the front- the U.S. They provide physically and family or household using his or her lines of education reform in our coun- emotionally demanding and often life- services, and the employee does not try, are heard during the reauthoriza- sustaining care for the elderly and dis- work more than 20 hours per week. tion of NCLB this fall and going for- abled still living in their own homes. I urge my colleagues to join me in co- ward during the reauthorized law’s im- This bill brings together two issues sponsoring this legislation. The bill plementation in years to come. This that are very close to my heart—on the will improve pay for hardworking care- bill seeks to help address that need by one hand, independent living and qual- givers, and it will increase access to enlisting the service of some of Amer- ity of life for seniors and people with care for our Nation’s seniors and people ica’s best teachers in providing infor- disabilities, and, on the other hand, the with disabilities. mation to Federal education policy- basic rights of American workers to makers. The advisory committee cre- premium pay for overtime work. Serv- By Mr. DORGAN (for himself, Mr. ated by this legislation will provide na- ice providers and the people they serve REID, Ms. MURKOWSKI, Mr. tionwide feedback and will allow Con- agree on this: no one is served well INOUYE, Mr. JOHNSON, Ms. CANT- gress to hear about NCLB directly from when home care workers are not paid a WELL, Mr. TESTER, Mr. BINGA- those who deal with the law and its living wage. Home care workers de- MAN, and Mr. DOMENICI): consequences on a daily basis. serve fair pay. Seniors and people with S. 2062. A bill to amend the Native disabilities deserve continuous rela- American Housing Assistance and Self- By Mr. HARKIN (for himself, Mr. tionships with home care aides that Determination Act of 1996 to reauthor- KENNEDY, Mrs. MURRAY, Mr. they can trust to deliver the care that ize that Act, and for other purposes; to DODD, Mrs. CLINTON, Mr. they need. the Committee on Indian Affairs.

VerDate Mar 15 2010 22:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18SE7.REC S18SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11658 CONGRESSIONAL RECORD — SENATE September 18, 2007 Mr. DORGAN. Mr. President, I am housing. Housing needs in the Great Sec. 104. Treatment of program income and here today with my colleagues Sen- Plains differ greatly from those in the labor standards. ators REID, MURKOWSKI, INOUYE, JOHN- southwest. This is why we retained the Sec. 105. Regulations. SON, TESTER, DOMENICI and BINGAMAN basic structure of the Indian Housing TITLE II—AFFORDABLE HOUSING to introduce legislation to reauthorize Block Grant Program, because through ACTIVITIES and amend the Native American Hous- this block grant program, tribes and Sec. 201. National objectives and eligible ing Assistance and Self-Determination tribal housing entities are able to use families. Act, NAHASDA. This bill, the Native the funds to serve their unique needs. Sec. 202. Eligible affordable housing activi- American Housing Assistance and Self- NAHASDA works and with the ties. Determination Reauthorization Act of amendments we are proposing, it will Sec. 203. Program requirements. 2007 will not only reauthorize the pri- continue to improve housing condi- Sec. 204. Low-income requirement and income targeting. mary housing programs for Indian tions for American Indians and Alaska Sec. 205. Treatment of funds. Country but it will enhance the crucial Natives. Please allow me to highlight Sec. 206. Availability of records. services provided under these pro- some of the major amendments we are Sec. 207. Self-determined housing activities grams. proposing. for tribal communities pro- The Native American Housing Assist- Title I of the bill would reauthorize gram. ance and Self-Determination Act pro- the Indian housing block grant and TITLE III—ALLOCATION OF GRANT vides formula-based block grant assist- amend the program to streamline re- AMOUNTS ance to Indian tribes which allows porting requirements. Title I will also Sec. 301. Allocation formula. them the flexibility to design housing allow Indian tribes to have increased TITLE IV—COMPLIANCE, AUDITS, AND programs to address the needs of their flexibility in running their housing REPORTS communities. Since its adoption in programs by allowing funds to be uti- 1996, the Native American Housing As- Sec. 401. Remedies for noncompliance. lized for community buildings such as Sec. 402. Monitoring of compliance. sistance and Self-Determination Act day-care centers, Laundromats, and Sec. 403. Performance reports. has transformed the way in which In- multi-purpose community centers. dian housing is provided in the tribal TITLE V—TERMINATION OF ASSISTANCE Through housing we are not only build- FOR INDIAN TRIBES UNDER INCOR- communities. It is clear that the pro- ing homes, but the hope is to also build PORATED PROGRAMS grams have been very successful. For communities. Sec. 501. Effect on Home Investment Part- example, in 2006, Tribes have been able Title II of the bill creates a new Self- nerships Act. to build, acquire, or substantially reha- Determined Housing Activities pro- TITLE VI—GUARANTEED LOANS TO FI- bilitate more than 1,600 rental units gram under which grant recipients may NANCE TRIBAL COMMUNITY AND ECO- and more than 6,000 homeownership use a portion of their funding to meet NOMIC DEVELOPMENT ACTIVITIES units. Each of these units became a their distinct needs in a self-deter- Sec. 601. Demonstration program for guar- home to an American Indian or Alaska mined manner. This title also expands anteed loans to finance tribal Native family. the list of activities that grant funds community and economic de- Even with these improvements, we may be used for to include operation, velopment activities. are still facing a housing crisis in In- maintenance and rehabilitation of TITLE VII—OTHER HOUSING dian Country. At the Senate Com- rental and homeownership units, mold ASSISTANCE FOR NATIVE AMERICANS mittee on Indian Affairs March and remediation and necessary infrastruc- Sec. 701. Training and technical assistance. July hearings on Indian housing, we ture. TITLE VIII—FUNDING heard alarming statistics: 90,000 Indian Title III of the bill authorizes a study families are homeless or under-housed. to assess the existing data sources for Sec. 801. Authorization of appropriations. Sec. 802. Funding conforming amendments. Approximately 40 percent of on-res- determining the need for housing for ervation housing is considered inad- funding purposes, while Title VI cre- SEC. 2. CONGRESSIONAL FINDINGS. Section 2 of the Native American Housing equate. Over one-third of Indian homes ates a new demonstration project to are overcrowded. More than 230,000 Assistance and Self-Determination Act of allow grant recipients to access vital 1996 (25 U.S.C. 4101) is amended in paragraphs housing units are immediately needed economic development and infrastruc- (6) and (7) by striking ‘‘should’’ each place it to provide adequate housing in Indian ture programs. appears and inserting ‘‘shall’’. Country. I am committed to finding ways to SEC. 3. DEFINITIONS. Tribal elders in the Northern Plains provide more homes in Indian Country. Section 4 of the Native American Housing are living in homes without roofs, with The Native American Housing Assist- Assistance and Self-Determination Act of only tarps to shield them from the ance and Self-Determination Reauthor- 1996 (25 U.S.C. 4103) is amended— harsh elements including below-zero ization Act of 2007 is an important and (1) by striking paragraph (22); temperatures. Indian children across crucial step towards fulfilling this (2) by redesignating paragraphs (8) through the country are forced to live in over- commitment. I ask unanimous consent (21) as paragraphs (9) through (22), respectively; and crowded conditions in homes with 23 that the text of the bill be printed in other people or in trailers in the North- (3) by inserting after paragraph (7) the fol- the RECORD. lowing: ern Plains with wood stoves and no There being no objection, the text of ‘‘(8) HOUSING RELATED COMMUNITY DEVELOP- fresh drinking water. This is a national the bill was ordered to be printed in MENT.— disgrace. How are children supposed to the RECORD, as follows: ‘‘(A) IN GENERAL.—The term ‘housing re- grow and learn in these conditions and S. 2062 lated community development’ means any facility, community building, business, ac- how are communities supposed to Be it enacted by the Senate and House of Rep- tivity, or infrastructure that— thrive? This is particularly distressing resentatives of the United States of America in ‘‘(i) is owned by an Indian tribe or a trib- given the fact that funding for Indian Congress assembled, housing has decreased over the last ally designated housing entity; SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ‘‘(ii) is necessary to the provision of hous- several years, because it has not kept (a) SHORT TITLE.—This Act may be cited as ing in an Indian area; and up with inflation and the rising cost of the ‘‘Native American Housing Assistance ‘‘(iii)(I) would help an Indian tribe or trib- building materials. and Self-Determination Reauthorization Act ally designated housing entity to reduce the The U.S. has a trust responsibility to of 2007’’. cost of construction of Indian housing; provide housing for our First Ameri- (b) TABLE OF CONTENTS.—The table of con- ‘‘(II) would make housing more affordable, cans. The bill my colleagues and I are tents of this Act is as follows: accessible, or practicable in an Indian area; Sec. 1. Short title; table of contents. introducing today will strengthen or Sec. 2. Congressional findings. ‘‘(III) would otherwise advance the pur- NAHASDA by providing tribes with in- Sec. 3. Definitions. creased flexibility, with the goal of poses of this Act. TITLE I—BLOCK GRANTS AND GRANT ‘‘(B) EXCLUSION.—The term ‘housing and producing more homes in Indian coun- REQUIREMENTS community development’ does not include try. The amendments are incremental Sec. 101. Block grants. any activity conducted by any Indian tribe changes to current law. We realize that Sec. 102. Indian housing plans. under the Indian Gaming Regulatory Act (25 ‘‘one size does not fit all’’ in Indian Sec. 103. Review of plans. U.S.C. 2701 et seq.).’’.

VerDate Mar 15 2010 22:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18SE7.REC S18SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 18, 2007 CONGRESSIONAL RECORD — SENATE S11659 TITLE I—BLOCK GRANTS AND GRANT ‘‘(ii) the types and levels of assistance to (3) by redesignating subsections (d) REQUIREMENTS be provided; through (f) as subsections (c) through (e), re- SEC. 101. BLOCK GRANTS. ‘‘(iii) the number of units planned to be spectively; and Section 101 of the Native American Hous- produced; (4) in subsection (d) (as redesignated by ing Assistance and Self-Determination Act ‘‘(iv)(I) a description of any housing to be paragraph (3)), by striking ‘‘subsection (d)’’ of 1996 (25 U.S.C. 4111) is amended— demolished or disposed of; and inserting ‘‘subsection (c)’’. ‘‘(II) a timetable for the demolition or dis- (1) in subsection (a)— SEC. 103. REVIEW OF PLANS. (A) in the first sentence— position; and (i) by striking ‘‘For each’’ and inserting ‘‘(III) any other information required by Section 103 of the Native American Hous- the following: the Secretary with respect to the demolition ing Assistance and Self-Determination Act ‘‘(1) IN GENERAL.—For each’’; or disposition; of 1996 (25 U.S.C. 4113) is amended— (ii) by striking ‘‘tribes to carry out afford- ‘‘(v) a description of the manner in which (1) in subsection (d)— able housing activities.’’ and inserting the the recipient will protect and maintain the (A) in the first sentence— following: ‘‘tribes— viability of housing owned and operated by (i) by striking ‘‘fiscal’’ each place it ap- ‘‘(A) to carry out affordable housing activi- the recipient that was developed under a pears and inserting ‘‘tribal program’’; and ties under subtitle A of title II; and’’; and contract between the Secretary and an In- (ii) by striking ‘‘(with respect to’’ and all (iii) by adding at the end the following: dian housing authority pursuant to the that follows through ‘‘section 102(c))’’; and ‘‘(B) to carry out self-determined housing United States Housing Act of 1937 (42 U.S.C. (B) by striking the second sentence; and activities for tribal communities programs 1437 et seq.); and (2) by striking subsection (e) and inserting under subtitle B of that title.’’; and ‘‘(vi) outcomes anticipated to be achieved the following: (B) in the second sentence, by striking by the recipient. ‘‘(e) SELF-DETERMINED ACTIVITIES PRO- ‘‘Under’’ and inserting the following: ‘‘(B) STATEMENT OF NEEDS.—A statement of GRAM.—Notwithstanding any other provision ‘‘(2) PROVISION OF AMOUNTS.—Under’’; the housing needs of the low-income Indian of this section, the Secretary— (2) in subsection (g), by inserting ‘‘of this families residing in the jurisdiction of the ‘‘(1) shall review the information included section and subtitle B of title II’’ after ‘‘sub- Indian tribe, and the means by which those in an Indian housing plan pursuant to subsection (h)’’; and needs will be addressed during the applicable sections (b)(4) and (c)(7) only to determine (3) by adding at the end the following: period, including— whether the information is included for pur- ‘‘(j) FEDERAL SUPPLY SOURCES.—For pur- ‘‘(i) a description of the estimated housing poses of compliance with the requirement poses of section 501 of title 40, United States needs and the need for assistance for the low- under section 232(b)(2); and Code, on election by the applicable Indian income Indian families in the jurisdiction, ‘‘(2) may not approve or disapprove an In- tribe— including a description of the manner in dian housing plan based on the content of ‘‘(1) each Indian tribe or tribally des- which the geographical distribution of as- the particular benefits, activities, or results ignated housing entity shall be considered to sistance is consistent with the geographical included pursuant to subsections (b)(4) and be an Executive agency in carrying out any needs and needs for various categories of (c)(7).’’. program, service, or other activity under housing assistance; and this Act; and ‘‘(ii) a description of the estimated housing SEC. 104. TREATMENT OF PROGRAM INCOME AND LABOR STANDARDS. ‘‘(2) each Indian tribe or tribally des- needs for all Indian families in the jurisdic- ignated housing entity and each employee of tion. Section 104(a) of the Native American the Indian tribe or tribally designated hous- ‘‘(C) FINANCIAL RESOURCES.—An operating Housing Assistance and Self-Determination ing entity shall have access to sources of budget for the recipient, in such form as the Act of 1996 (25 U.S.C. 4114(a)) is amended by supply on the same basis as employees of an Secretary may prescribe, that includes— adding at the end the following: Executive agency. ‘‘(i) an identification and description of the ‘‘(4) EXCLUSION FROM PROGRAM INCOME OF ‘‘(k) TRIBAL PREFERENCE IN EMPLOYMENT financial resources reasonably available to REGULAR DEVELOPER’S FEES FOR LOW-INCOME AND CONTRACTING.—Notwithstanding any the recipient to carry out the purposes of HOUSING TAX CREDIT PROJECTS.—Notwith- other provision of law, with respect to any this Act, including an explanation of the standing any other provision of this Act, any grant (or portion of a grant) made on behalf manner in which amounts made available income derived from a regular and cus- of an Indian tribe under this Act that is in- will leverage additional resources; and tomary developer’s fee for any project that tended to benefit 1 Indian tribe, the tribal ‘‘(ii) the uses to which those resources will receives a low-income housing tax credit employment and contract preference laws be committed, including eligible and re- under section 42 of the Internal Revenue (including regulations and tribal ordinances quired affordable housing activities under Code of 1986, and that is initially funded ) adopted by the Indian tribe that receives title II and administrative expenses. using a grant provided under this Act, shall the benefit shall apply with respect to the ‘‘(D) CERTIFICATION OF COMPLIANCE.—Evi- not be considered to be program income if administration of the grant (or portion of a dence of compliance with the requirements the developer’s fee is approved by the State grant).’’. of this Act, including, as appropriate— housing credit agency.’’. SEC. 102. INDIAN HOUSING PLANS. ‘‘(i) a certification that, in carrying out Section 102 of the Native American Hous- this Act, the recipient will comply with the SEC. 105. REGULATIONS. ing Assistance and Self-Determination Act applicable provisions of title II of the Civil Section 106(b)(2) of the Native American of 1996 (25 U.S.C. 4112) is amended— Rights Act of 1968 (25 U.S.C. 1301 et seq.) and Housing Assistance and Self-Determination (1) in subsection (a)(1)— other applicable Federal laws and regula- Act of 1996 (25 U.S.C. 4116(b)(2)) is amended— (A) by striking ‘‘(1)(A) for’’ and all that fol- tions; (1) in subparagraph (B)(i), by striking ‘‘The lows through the end of subparagraph (A) ‘‘(ii) a certification that the recipient will Secretary’’ and inserting ‘‘Not later than 180 and inserting the following: maintain adequate insurance coverage for days after the date of enactment of the Na- ‘‘(1)(A) for an Indian tribe to submit to the housing units that are owned and operated or tive American Housing Assistance and Self- Secretary, by not later than 75 days before assisted with grant amounts provided under Determination Reauthorization Act of 2007 the beginning of each tribal program year, a this Act, in compliance with such require- and any other Act to reauthorize this Act, 1-year housing plan for the Indian tribe; or’’; ments as the Secretary may establish; the Secretary’’; and and ‘‘(iii) a certification that policies are in ef- (2) by adding at the end the following: (B) in subparagraph (B), by striking ‘‘sub- fect and are available for review by the Sec- ‘‘(C) SUBSEQUENT NEGOTIATED RULE- section (d)’’ and inserting ‘‘subsection (c)’’; retary and the public governing the eligi- MAKING.—The Secretary shall— (2) by striking subsections (b) and (c) and bility, admission, and occupancy of families ‘‘(i) initiate a negotiated rulemaking in ac- inserting the following: for housing assisted with grant amounts pro- cordance with this section by not later than ‘‘(b) 1-YEAR PLAN REQUIREMENT.— vided under this Act; 90 days after the date of enactment of the ‘‘(1) IN GENERAL.—A housing plan of an In- ‘‘(iv) a certification that policies are in ef- Native American Housing Assistance and dian tribe under this section shall— fect and are available for review by the Sec- Self-Determination Reauthorization Act of ‘‘(A) be in such form as the Secretary may retary and the public governing rents and 2007 and any other Act to reauthorize this prescribe; and homebuyer payments charged, including the Act; and ‘‘(B) contain the information described in methods by which the rents or homebuyer ‘‘(ii) promulgate regulations pursuant to paragraph (2). payments are determined, for housing as- this section by not later than 2 years after ‘‘(2) REQUIRED INFORMATION.—A housing sisted with grant amounts provided under the date of enactment of the Native Amer- plan shall include the following information this Act; ican Housing Assistance and Self-Determina- with respect to the tribal program year for ‘‘(v) a certification that policies are in ef- tion Reauthorization Act of 2007 and any which assistance under this Act is made fect and are available for review by the Sec- other Act to reauthorize this Act. available: retary and the public governing the manage- ‘‘(D) REVIEW.—Not less frequently than ‘‘(A) DESCRIPTION OF PLANNED ACTIVITIES.— ment and maintenance of housing assisted once every 7 years, the Secretary, in con- A statement of planned activities, includ- with grant amounts provided under this Act; sultation with Indian tribes, shall review the ing— and regulations promulgated pursuant to this ‘‘(i) the types of household to receive as- ‘‘(vi) a certification that the recipient will section in effect on the date on which the resistance; comply with section 104(b).’’; view is conducted.’’.

VerDate Mar 15 2010 22:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18SE7.REC S18SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11660 CONGRESSIONAL RECORD — SENATE September 18, 2007 TITLE II—AFFORDABLE HOUSING amounts to be used or committed for use at ‘‘(A) the annual audits of that period com- ACTIVITIES any time earlier than otherwise provided for pleted under chapter 75 of title 31, United SEC. 201. NATIONAL OBJECTIVES AND ELIGIBLE in the Indian housing plan. States Code (commonly known as the ‘Single FAMILIES. ‘‘(2) CARRYOVER.—Any amount of a grant Audit Act’); or Section 201(b) of the Native American provided to an Indian tribe under section 101 ‘‘(B) an independent financial audit pre- Housing Assistance and Self-Determination for a fiscal year that is not used by the In- pared in accordance with generally accepted Act of 1996 (25 U.S.C. 4131(b)) is amended— dian tribe during that fiscal year may be auditing principles. (1) in paragraph (1), by inserting ‘‘and ex- used by the Indian tribe during any subse- ‘‘(b) AUTHORITY.—Under the program under cept with respect to loan guarantees under quent fiscal year. this subtitle, for each of fiscal years 2008 title VI,’’ after ‘‘paragraphs (2) and (4),’’; ‘‘(g) DE MINIMIS EXEMPTION FOR PROCURE- through 2012, the recipient for each quali- (2) in paragraph (2)— MENT OF GOODS AND SERVICES.—Notwith- fying Indian tribe may use the amounts spec- (A) by striking the first sentence and in- standing any other provision of law, a recipi- ified in subsection (c) in accordance with serting the following: ent shall not be required to act in accord- this subtitle. ‘‘(A) EXCEPTION TO REQUIREMENT.—Not- ance with any otherwise applicable competi- ‘‘(c) AMOUNTS.—With respect to a fiscal withstanding paragraph (1), a recipient may tive procurement rule or procedure with re- year and a recipient, the amounts referred to provide housing or housing assistance spect to the procurement, using a grant pro- in subsection (b) are amounts from any grant through affordable housing activities for vided under this Act, of goods and services provided under section 101 to the recipient which a grant is provided under this Act to the value of which is less than $5,000.’’. for the fiscal year, as determined by the re- any family that is not a low-income family, SEC. 204. LOW-INCOME REQUIREMENT AND IN- cipient, but in no case exceeding the lesser to the extent that the Secretary approves COME TARGETING. of— the activities due to a need for housing for Section 205 of the Native American Hous- ‘‘(1) an amount equal to 20 percent of the those families that cannot reasonably be met ing Assistance and Self-Determination Act total grant amount for the recipient for that without that assistance.’’; and of 1996 (25 U.S.C. 4135) is amended by adding fiscal year; and (B) in the second sentence, by striking at the end the following: ‘‘(2) $2,000,000. ‘‘The Secretary’’ and inserting the following: ‘‘(c) APPLICABILITY.—This section applies ‘‘SEC. 233. USE OF AMOUNTS FOR HOUSING AC- ‘‘(B) LIMITS.—The Secretary’’; only to rental and homeownership units that TIVITIES. (3) in paragraph (3)— are owned or operated by a recipient.’’. ‘‘(a) ELIGIBLE HOUSING ACTIVITIES.—Any (A) in the paragraph heading, by striking SEC. 205. TREATMENT OF FUNDS. amounts made available for use under this ‘‘NON-INDIAN’’ and inserting ‘‘ESSENTIAL’’; The Native American Housing Assistance subtitle by a recipient for an Indian tribe and and Self-Determination Act of 1996 is amend- shall be used only for housing activities, as (B) by striking ‘‘non-Indian family’’ and ed by inserting after section 205 (25 U.S.C. selected at the discretion of the recipient inserting ‘‘family’’; and 4135) the following: and described in the Indian housing plan for (4) in paragraph (4)(A)(i), by inserting ‘‘or ‘‘SEC. 206. TREATMENT OF FUNDS. the Indian tribe pursuant to section 102(b)(6), other unit of local government,’’ after ‘‘Notwithstanding any other provision of for the construction, acquisition, or rehabili- ‘‘county,’’. law, tenant- and project-based rental assist- tation of housing or infrastructure to pro- SEC. 202. ELIGIBLE AFFORDABLE HOUSING AC- ance provided using funds made available vide a benefit to families described in section TIVITIES. under this Act shall not be considered to be 201(b)(1). Section 202 of the Native American Hous- Federal funds for purposes of section 42 of ‘‘(b) PROHIBITION ON CERTAIN ACTIVITIES.— ing Assistance and Self-Determination Act the Internal Revenue Code of 1986.’’. Amounts made available for use under this of 1996 (25 U.S.C. 4132) is amended— SEC. 206. AVAILABILITY OF RECORDS. subtitle may not be used for commercial or (1) in the matter preceding paragraph (1), Section 208(a) of the Native American economic development. by striking ‘‘to develop or to support’’ and Housing Assistance and Self-Determination ‘‘SEC. 234. INAPPLICABILITY OF OTHER PROVI- inserting ‘‘to develop, operate, maintain, or Act of 1996 (25 U.S.C. 4138(a)) is amended by SIONS. support’’; inserting ‘‘applicants for employment, and ‘‘(a) IN GENERAL.—Except as otherwise spe- (2) in paragraph (2)— of’’ after ‘‘records of’’. cifically provided in this Act, title I, subtitle (A) by striking ‘‘development of utilities’’ SEC. 207. SELF-DETERMINED HOUSING ACTIVI- A of title II, and titles III through VIII shall and inserting ‘‘development and rehabilita- TIES FOR TRIBAL COMMUNITIES not apply to— tion of utilities, necessary infrastructure,’’; PROGRAM. ‘‘(1) the program under this subtitle; or and (a) ESTABLISHMENT OF PROGRAM.—Title II ‘‘(2) amounts made available in accordance (B) by inserting ‘‘mold remediation,’’ after of the Native American Housing Assistance with this subtitle. ‘‘energy efficiency,’’; and Self-Determination Act of 1996 (25 U.S.C. ‘‘(b) APPLICABLE PROVISIONS.—The fol- (3) in paragraph (4), by inserting ‘‘the costs 4131 et seq.) is amended— lowing provisions of titles I through VIII of operation and maintenance of units devel- (1) by inserting after the title designation shall apply to the program under this sub- oped with funds provided under this Act,’’ and heading the following: title and amounts made available in accord- after ‘‘rental assistance,’’; and ‘‘Subtitle A—General Block Grant Program’’; ance with this subtitle: (4) by adding at the end the following: and ‘‘(1) Section 101(c) (relating to local co- ‘‘(9) RESERVE ACCOUNTS.— (2) by adding at the end the following: operation agreements). ‘‘(A) IN GENERAL.—Subject to subparagraph ‘‘(2) Subsections (d) and (e) of section 101 (B), the deposit of amounts, including grant ‘‘Subtitle B—Self-Determined Housing (relating to tax exemption). amounts under section 101, in a reserve ac- Activities for Tribal Communities ‘‘(3) Section 101(j) (relating to Federal sup- count established for an Indian tribe only for ‘‘SEC. 231. PURPOSE. ply sources). the purpose of accumulating amounts for ad- ‘‘The purpose of this subtitle is to estab- ‘‘(4) Section 101(k) (relating to tribal pref- ministration and planning relating to afford- lish a program for self-determined housing erence in employment and contracting). able housing activities under this section, in activities for the tribal communities to pro- ‘‘(5) Section 102(b)(4) (relating to certifi- accordance with the Indian housing plan of vide Indian tribes with the flexibility to use cation of compliance). the Indian tribe. a portion of the grant amounts under section ‘‘(6) Section 104 (relating to treatment of ‘‘(B) MAXIMUM AMOUNT.—A reserve account 101 for the Indian tribe in manners that are program income and labor standards). established under subparagraph (A) shall wholly self-determined by the Indian tribe ‘‘(7) Section 105 (relating to environmental consist of not more than an amount equal to for housing activities involving construc- review). 1⁄4 of the 5-year average of the annual tion, acquisition, rehabilitation, or infra- ‘‘(8) Section 201(b) (relating to eligible fam- amount used by a recipient for administra- structure relating to housing activities or ilies). tion and planning under paragraph (2).’’. housing that will benefit the community ‘‘(9) Section 203(c) (relating to insurance SEC. 203. PROGRAM REQUIREMENTS. served by the Indian tribe. coverage). Section 203 of the Native American Hous- ‘‘SEC. 232. PROGRAM AUTHORITY. ‘‘(10) Section 203(g) (relating to a de mini- ing Assistance and Self-Determination Act ‘‘(a) DEFINITION OF QUALIFYING INDIAN mis exemption for procurement of goods and of 1996 (25 U.S.C. 4133) is amended by adding TRIBE.—In this section, the term ‘qualifying services). at the end the following: Indian tribe’ means, with respect to a fiscal ‘‘(11) Section 206 (relating to treatment of ‘‘(f) USE OF GRANT AMOUNTS OVER EX- year, an Indian tribe or tribally designated funds). TENDED PERIODS.— housing entity— ‘‘(12) Section 209 (relating to noncompli- ‘‘(1) IN GENERAL.—To the extent that the ‘‘(1) on behalf of which a grant is made ance with affordable housing requirement). Indian housing plan for an Indian tribe pro- under section 101; ‘‘(13) Section 401 (relating to remedies for vides for the use of amounts of a grant under ‘‘(2) that has complied with the require- noncompliance). section 101 for a period of more than 1 fiscal ments of section 102(b)(6); and ‘‘(14) Section 408 (relating to public avail- year, or for affordable housing activities for ‘‘(3) that, during the preceding 3-fiscal-year ability of information). which the amounts will be committed for use period, has no unresolved significant and ma- ‘‘(15) Section 702 (relating to 50-year lease- or expended during a subsequent fiscal year, terial audit findings or exceptions, as dem- hold interests in trust or restricted lands for the Secretary shall not require those onstrated in— housing purposes).

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‘‘SEC. 235. REVIEW AND REPORT. ‘‘(2) STUDY OF NEED DATA.— Act of 1996 (25 U.S.C. 4163(b)) is amended in ‘‘(a) REVIEW.—During calendar year 2011, ‘‘(A) IN GENERAL.—The Secretary shall the second sentence by inserting ‘‘an appro- the Secretary shall conduct a review of the enter into a contract with an organization priate level of’’ after ‘‘shall include’’. results achieved by the program under this with expertise in housing and other demo- SEC. 403. PERFORMANCE REPORTS. subtitle to determine— graphic data collection methodologies under Section 404(b) of the Native American ‘‘(1) the housing constructed, acquired, or which the organization, in consultation with Housing Assistance and Self-Determination rehabilitated under the program; Indian tribes and Indian organizations, Act of 1996 (25 U.S.C. 4164(b)) is amended— ‘‘(2) the effects of the housing described in shall— (1) in paragraph (2)— paragraph (1) on costs to low-income fami- ‘‘(i) assess existing data sources, including (A) by striking ‘‘goals’’ and inserting lies of affordable housing; alternatives to the decennial census, for use ‘‘planned activities’’; and ‘‘(3) the effectiveness of each recipient in in evaluating the factors for determination (B) by adding ‘‘and’’ after the semicolon at achieving the results intended to be of need described in subsection (b); and the end; achieved, as described in the Indian housing ‘‘(ii) develop and recommend methodolo- (2) in paragraph (3), by striking ‘‘; and’’ at plan for the Indian tribe; and gies for collecting data on any of those fac- the end and inserting a period; and ‘‘(4) the need for, and effectiveness of, ex- tors, including formula area, in any case in (3) by striking paragraph (4). which existing data is determined to be in- tending the duration of the program and in- TITLE V—TERMINATION OF ASSISTANCE sufficient or inadequate, or fails to satisfy creasing the amount of grants under section FOR INDIAN TRIBES UNDER INCOR- the requirements of this Act. 101 that may be used under the program. PORATED PROGRAMS ‘‘(b) REPORT.—Not later than December 31, ‘‘(B) AUTHORIZATION OF APPROPRIATIONS.— 2011, the Secretary shall submit to Congress There are authorized to be appropriated such SEC. 501. EFFECT ON HOME INVESTMENT PART- NERSHIPS ACT. a report describing the information obtained sums as are necessary to carry out this sec- (a) IN GENERAL.—Title V of the Native pursuant to the review under subsection (a) tion, to remain available until expended.’’; American Housing Assistance and Self-De- (including any conclusions and recommenda- and termination Act of 1996 (25 U.S.C. 4181 et tions of the Secretary with respect to the (2) in subsection (b), by striking paragraph seq.) is amended by adding at the end the fol- program under this subtitle), including— (1) and inserting the following: lowing: ‘‘(1) recommendations regarding extension ‘‘(1)(A) The number of low-income housing of the program for subsequent fiscal years dwelling units developed under the United ‘‘SEC. 509. EFFECT ON HOME INVESTMENT PART- and increasing the amounts under section States Housing Act of 1937 (42 U.S.C. 1437 et NERSHIPS ACT. 232(c) that may be used under the program; seq.), pursuant to a contract between an In- ‘‘Nothing in this Act or an amendment and dian housing authority for the tribe and the made by this Act prohibits or prevents any ‘‘(2) recommendations for— Secretary, that are owned or operated by a participating jurisdiction (within the mean- ‘‘(A)(i) specific Indian tribes or recipients recipient on the October 1 of the calendar ing of the HOME Investment Partnerships that should be prohibited from participating year immediately preceding the year for Act (42 U.S.C. 12721 et seq.)) from providing in the program for failure to achieve results; which funds are provided, subject to the con- any amounts made available to the partici- and dition that such a unit shall not be consid- pating jurisdiction under that Act (42 U.S.C. ‘‘(ii) the period for which such a prohibi- ered to be a low-income housing dwelling 12721 et seq.) to an Indian tribe or a tribally tion should remain in effect; or unit for purposes of this section if— designated housing entity for use in accord- ‘‘(B) standards and procedures by which In- ‘‘(i) the recipient ceases to possess the ance with that Act (42 U.S.C. 12721 et seq.).’’. (b) CONFORMING AMENDMENT.—The table of dian tribes or recipients may be prohibited legal right to own, operate, or maintain the contents in section 1(b) of the Native Amer- from participating in the program for failure unit; or ican Housing Assistance and Self-Determina- to achieve results. ‘‘(ii) the unit is lost to the recipient by tion Act of 1996 (25 U.S.C. 4101 note) is ‘‘(c) PROVISION OF INFORMATION TO SEC- conveyance, demolition, or other means. amended by inserting after the item relating RETARY.—Notwithstanding any other provi- ‘‘(B) If the unit is a homeownership unit to section 508 the following: sion of this Act, recipients participating in not conveyed within 25 years from the date ‘‘Sec. 509. Effect on HOME Investment Part- the program under this subtitle shall provide of full availability, the recipient shall not be nerships Act.’’. such information to the Secretary as the considered to have lost the legal right to Secretary may request, in sufficient detail own, operate, or maintain the unit if the TITLE VI—GUARANTEED LOANS TO FI- and in a timely manner sufficient to ensure unit has not been conveyed to the home- NANCE TRIBAL COMMUNITY AND ECO- that the review and report required by this buyer for reasons beyond the control of the NOMIC DEVELOPMENT ACTIVITIES section is accomplished in a timely man- recipient. SEC. 601. DEMONSTRATION PROGRAM FOR GUAR- ner.’’. ‘‘(C) If the unit is demolished and the re- ANTEED LOANS TO FINANCE TRIBAL (b) TECHNICAL AMENDMENT.—The table of cipient rebuilds the unit within 1 year of COMMUNITY AND ECONOMIC DEVEL- contents in section 1(b) of the Native Amer- demolition of the unit, the unit may con- OPMENT ACTIVITIES. ican Housing Assistance and Self-Determina- tinue to be considered a low-income housing (a) IN GENERAL.—Title VI of the Native tion Act of 1996 (25 U.S.C. 4101 note) is dwelling unit for the purpose of this para- American Housing Assistance and Self-De- amended— graph. termination Act of 1996 (25 U.S.C. 4191 et (1) by inserting after the item for title II ‘‘(D) In this paragraph, the term ‘reasons seq.) is amended by adding at the end the fol- the following: beyond the control of the recipient’ means, lowing: ‘‘Subtitle A—General Block Grant after making reasonable efforts, there re- ‘‘SEC. 606. DEMONSTRATION PROGRAM FOR main— GUARANTEED LOANS TO FINANCE Program’’; TRIBAL COMMUNITY AND ECO- (2) by inserting after the item for section ‘‘(i) delays in obtaining or the absence of NOMIC DEVELOPMENT ACTIVITIES. title status reports; 205 the following: ‘‘(a) AUTHORITY.—To the extent and in such ‘‘Sec. 206. Treatment of funds.’’; ‘‘(ii) incorrect or inadequate legal descrip- amounts as are provided in appropriation and tions or other legal documentation necessary Acts, subject to the requirements of this sec- (3) by inserting before the item for title III for conveyance; tion, and in accordance with such terms and the following: ‘‘(iii) clouds on title due to probate or in- conditions as the Secretary may prescribe, testacy or other court proceedings; or the Secretary may guarantee and make com- ‘‘Subtitle B—Self-Determined Housing ‘‘(iv) any other legal impediment.’’. Activities for Tribal Communities mitments to guarantee the notes and obliga- TITLE IV—COMPLIANCE, AUDITS, AND tions issued by Indian tribes or tribally des- ‘‘Sec. 231. Purposes. REPORTS ignated housing entities with tribal ap- ‘‘Sec. 232. Program authority. ‘‘Sec. 233. Use of amounts for housing activi- SEC. 401. REMEDIES FOR NONCOMPLIANCE. proval, for the purposes of financing activi- Section 401(a) of the Native American ties. ties carried out on Indian reservations and in Housing Assistance and Self-Determination ‘‘Sec. 234. Inapplicability of other provi- other Indian areas that, under the first sen- Act of 1996 (25 U.S.C. 4161(a)) is amended— sions. tence of section 108(a) of the Housing and (1) by redesignating paragraphs (2) and (3) ‘‘Sec. 235. Review and report.’’. Community Development Act of 1974 (42 as paragraphs (3) and (4), respectively; and U.S.C. 5308), are eligible for financing with TITLE III—ALLOCATION OF GRANT (2) by inserting after paragraph (1) the fol- notes and other obligations guaranteed pur- AMOUNTS lowing: suant to that section. SEC. 301. ALLOCATION FORMULA. ‘‘(2) SUBSTANTIAL NONCOMPLIANCE.—The ‘‘(b) LOW-INCOME BENEFIT REQUIREMENT.— Section 302 of the Native American Hous- failure of a recipient to comply with the re- Not less than 70 percent of the aggregate ing Assistance and Self-Determination Act quirements of section 302(b)(1) regarding the amount received by an Indian tribe or trib- of 1996 (25 U.S.C. 4152) is amended— reporting of low-income dwelling units shall ally designated housing entity as a result of (1) in subsection (a)— not, in itself, be considered to be substantial a guarantee under this section shall be used (A) by striking ‘‘The Secretary’’ and in- noncompliance for purposes of this title.’’. for the support of activities that benefit low- serting the following: SEC. 402. MONITORING OF COMPLIANCE. income families on Indian reservations and ‘‘(1) IN GENERAL.—The Secretary’’; and Section 403(b) of the Native American other Indian areas. (B) by adding at the end the following: Housing Assistance and Self-Determination ‘‘(c) FINANCIAL SOUNDNESS.—

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‘‘(1) IN GENERAL.—The Secretary shall es- plicants or proposed activities and to the au- (b) AUTHORIZATION OF APPROPRIATIONS.— tablish underwriting criteria for guarantees thority provided in this section, and to the There are authorized to be appropriated to under this section, including fees for the extent approved or provided for in appropria- the Secretary of Housing and Urban Develop- guarantees, as the Secretary determines to tions Acts, the Secretary may enter into ment, for transfer to an Indian organization be necessary to ensure that the program commitments to guarantee notes and obliga- selected by the Secretary of Housing and under this section is financially sound. tions under this section with an aggregate Urban Development, in consultation with In- ‘‘(2) AMOUNTS OF FEES.—Fees for guaran- principal amount not to exceed $200,000,000 dian tribes, such sums as are necessary to tees established under paragraph (1) shall be for each of fiscal years 2008 through 2012. provide training and technical assistance to established in amounts that are sufficient, ‘‘(2) AUTHORIZATION OF APPROPRIATIONS FOR Indian housing authorities and tribally-des- but do not exceed the minimum amounts CREDIT SUBSIDY.—There are authorized to be ignated housing entities for each of fiscal necessary, to maintain a negative credit sub- appropriated to cover the costs (as defined in years 2008 through 2012. sidy for the program under this section, as section 502 of the Congressional Budget Act TITLE VIII—FUNDING determined based on the risk to the Federal of 1974 (2 U.S.C. 661a)) of guarantees under SEC. 801. AUTHORIZATION OF APPROPRIATIONS. Government under the underwriting require- this section such sums as are necessary for (a) BLOCK GRANTS AND GRANT REQUIRE- ments established under paragraph (1). each of fiscal years 2008 through 2012. MENTS.—Section 108 of the Native American ‘‘(d) TERMS OF OBLIGATIONS.— ‘‘(3) AGGREGATE OUTSTANDING LIMITATION.— Housing Assistance and Self-Determination ‘‘(1) IN GENERAL.—Each note or other obli- The total amount of outstanding obligations gation guaranteed pursuant to this section guaranteed on a cumulative basis by the Sec- Act of 1996 (25 U.S.C. 4117) is amended in the shall be in such form and denomination, retary pursuant to this section shall not at first sentence by striking ‘‘1998 through 2007’’ have such maturity, and be subject to such any time exceed $1,000,000,000 or such higher and inserting ‘‘2008 through 2012’’. conditions as the Secretary may prescribe, amount as may be authorized to be appro- (b) FEDERAL GUARANTEES FOR FINANCING by regulation. priated for this section for any fiscal year. FOR TRIBAL HOUSING ACTIVITIES.—Section 605 of the Native American Housing Assistance ‘‘(2) LIMITATION.—The Secretary may not ‘‘(4) FISCAL YEAR LIMITATIONS ON INDIAN and Self-Determination Act of 1996 (25 U.S.C. deny a guarantee under this section on the TRIBES.— 4195) is amended in subsections (a) and (b) by basis of the proposed repayment period for ‘‘(A) IN GENERAL.—The Secretary shall the note or other obligation, unless— monitor the use of guarantees under this sec- striking ‘‘1997 through 2007’’ each place it ap- ‘‘(A) the period is more than 20 years; or tion by Indian tribes. pears and inserting ‘‘2008 through 2012’’. (c) TRAINING AND TECHNICAL ASSISTANCE.— ‘‘(B) the Secretary determines that the pe- ‘‘(B) MODIFICATIONS.—If the Secretary de- Section 703 of the Native American Housing riod would cause the guarantee to constitute termines that 50 percent of the aggregate Assistance and Self-Determination Act of an unacceptable financial risk. guarantee authority under paragraph (3) has ‘‘(e) LIMITATION ON PERCENTAGE.—A guar- been committed, the Secretary may— 1996 (25 U.S.C. 4212) is amended by striking antee made under this section shall guar- ‘‘(i) impose limitations on the amount of ‘‘1997 through 2007’’ and inserting ‘‘2008 antee repayment of 95 percent of the unpaid guarantees pursuant to this section that any through 2012’’. principal and interest due on the note or single Indian tribe may receive in any fiscal SEC. 802. FUNDING CONFORMING AMENDMENTS. other obligation guaranteed. year of $25,000,000; or Chapter 97 of title 31, United States Code, ‘‘(f) SECURITY AND REPAYMENT.— ‘‘(ii) request the enactment of legislation is amended— ‘‘(1) REQUIREMENTS ON ISSUER.—To ensure increasing the aggregate outstanding limita- (1) by redesignating the first section 9703 the repayment of notes and other obligations tion on guarantees under this section. (relating to managerial accountability and and charges incurred under this section and ‘‘(i) REPORT.—Not later than 4 years after flexibility) as section 9703A; as a condition for receiving the guarantees, the date of enactment of this section, the (2) by moving the second section 9703 (re- the Secretary shall require the Indian tribe Secretary shall submit to Congress a report lating to the Department of the Treasury or housing entity issuing the notes or obliga- describing the use of the authority under Forfeiture Fund) so as to appear after sections— this section by Indian tribes and tribally des- tion 9702; and ‘‘(A) to enter into a contract, in a form ac- ignated housing entities, including— (3) in section 9703(a)(1) (relating to the De- ceptable to the Secretary, for repayment of ‘‘(1) an identification of the extent of the partment of the Treasury Forfeiture Fund)— notes or other obligations guaranteed under use and the types of projects and activities (A) in subparagraph (I)— this section; financed using that authority; and (i) by striking ‘‘payment’’ and inserting ‘‘(B) to demonstrate that the extent of ‘‘(2) an analysis of the effectiveness of the ‘‘Payment’’; and each issuance and guarantee under this sec- use in carrying out the purposes of this sec- (ii) by striking the semicolon at the end tion is within the financial capacity of the tion. and inserting a period; Indian tribe; and ‘‘(j) TERMINATION.—The authority of the (B) in subparagraph (J), by striking ‘‘pay- ‘‘(C) to furnish, at the discretion of the Secretary under this section to make new ment’’ the first place it appears and insert- Secretary, such security as the Secretary de- guarantees for notes and obligations shall ing ‘‘Payment’’; and termines to be appropriate in making the terminate on October 1, 2012.’’. (C) by adding at the end the following: guarantees, including increments in local (b) CONFORMING AMENDMENT.—The table of ‘‘(K)(i) Payment to the designated tribal tax receipts generated by the activities as- contents in section 1(b) of the Native Amer- law enforcement, environmental, housing, or sisted by a guarantee under this section or ican Housing Assistance and Self-Determina- health entity for experts and consultants disposition proceeds from the sale of land or tion Act of 1996 (25 U.S.C. 4101 note) is needed to clean up any area formerly used as rehabilitated property, except that the secu- amended by inserting after the item relating a methamphetamine laboratory. to section 605 the following: rity may not include any grant amounts re- ‘‘(ii) For purposes of this subparagraph, for ‘‘Sec. 606. Demonstration program for guar- ceived or for which the issuer may be eligible a methamphetamine laboratory that is lo- anteed loans to finance tribal under title I. cated on private property, not more than 90 community and economic de- ‘‘(2) FULL FAITH AND CREDIT.— percent of the clean up costs may be paid velopment activities.’’. ‘‘(A) IN GENERAL.—The full faith and credit under clause (i) only if the property owner— of the United States is pledged to the pay- TITLE VII—OTHER HOUSING ASSISTANCE ‘‘(I) did not have knowledge of the exist- ment of all guarantees made under this sec- FOR NATIVE AMERICANS ence or operation of the laboratory before tion. SEC. 701. TRAINING AND TECHNICAL ASSIST- the commencement of the law enforcement ‘‘(B) TREATMENT OF GUARANTEES.— ANCE. action to close the laboratory; or ‘‘(i) IN GENERAL.—Any guarantee made by (a) DEFINITION OF INDIAN ORGANIZATION.—In ‘‘(II) notified law enforcement not later the Secretary under this section shall be this section, the term ‘‘Indian organization’’ than 24 hours after discovering the existence conclusive evidence of the eligibility of the means— of the laboratory.’’. obligations for the guarantee with respect to (1) an Indian organization representing the principal and interest. interests of Indian tribes, Indian housing au- By Mr. CONRAD (for himself and thorities, and tribally designated housing en- ‘‘(ii) INCONTESTABLE NATURE.—The validity Mr. GREGG): of any such a guarantee shall be incontest- tities throughout the United States; (2) an organization registered as a non- S. 2063. A bill to establish a Bipar- able in the hands of a holder of the guaran- tisan Task Force for Responsible Fiscal teed obligations. profit entity that is— ‘‘(g) TRAINING AND INFORMATION.—The Sec- (A) described in section 501(c)(3) of the In- Action, to assure the economic secu- retary, in cooperation with Indian tribes and ternal Revenue Code of 1986; and rity of the United States, and to ex- tribally designated housing entities, shall (B) exempt from taxation under section pand future prosperity and growth for carry out training and information activities 501(a) of that Code; all Americans; to the Committee on with respect to the guarantee program under (3) an organization with at least 30 years of the Budget. this section. experience in representing the housing inter- Mr. CONRAD. Madam President, I ‘‘(h) LIMITATIONS ON AMOUNT OF GUARAN- ests of Indian tribes and tribal housing enti- TEES.— ties throughout the United States; and rise today to introduce, along with ‘‘(1) AGGREGATE FISCAL YEAR LIMITATION.— (4) an organization that is governed by a Senator JUDD GREGG, the ranking Notwithstanding any other provision of law, Board of Directors composed entirely of indi- member of the Senate Budget Com- subject only to the absence of qualified ap- viduals representing tribal housing entities. mittee, legislation we have called the

VerDate Mar 15 2010 22:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18SE7.REC S18SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 18, 2007 CONGRESSIONAL RECORD — SENATE S11663 Bipartisan Task Force for Responsible Everything is on the table. The task make these choices the better because time Fiscal Action. We are introducing this force would consist of 16 members, 8 is working against us. legislation because, as the chairman Democrats, 8 Republicans, all of them During the past two years, I have traveled and ranking member of the Budget Members of Congress, except for 2 rep- to 23 states as part of the Fiscal Wake-up resenting the administration. The Sec- Tour. During the Tour, it has become clear Committee, we understand that we are that the American people are starved for two on an unsustainable fiscal course; that retary of the Treasury would chair the things from their elected officials—truth and we confront a budgetary crisis of un- task force. The obligation of this group leadership. I am here today because Senators precedented proportions if we fail to would be to submit a report on Decem- Conrad and Gregg are trying to address this act. That crisis will be caused by a ber 9, 2008. It would take 12 of the 16 need. I’m pleased to say that several other combination of our current budget defi- members to report a blueprint for our members on both side of the political aisle cits and enormous Federal debt, com- fiscal future. They would be given the and on both ends of Capitol Hill are taking bined with the explosion created by the responsibility to find ways to address steps to answer this call by proposing bills to accomplish similar objectives and by also baby boom generation. the shortfall in Medicare and Social Security and the ongoing and endemic putting ‘‘everything on the table.’’ Here is the outlook we confront with I was especially pleased to see that the respect to the demographic tidal wave budget deficits. These 16 members, 8 ‘‘Task Force’’ that would be created by Sen- coming at us. We see, in 2007, we are at Democrats, 8 Republicans, would have ator Conrad’s and Gregg’s legislation was in- about 40 million people who are of re- the opportunity and the responsibility formed by GAO’s work on the key elements tirement age, and that will grow to 80 to develop a plan for our fiscal future, necessary for any task force or commission million by 2050, dramatically changing but it would take 12 of the 16 to report to be successful. For example, the commis- the budget circumstance for this coun- a plan, and the plan would only come sion would have a statutory basis, be bipar- try. at the beginning of the next adminis- tisan, involve leaders from both the execu- tration. This would not be part of elective and legislative branch, and would re- We know we face enormous chal- quire a super-majority vote for any rec- lenges with Medicare and Social Secu- tion year politics. This would be part ommendations to be sent to the President rity. You can see the long-term cost of of a serious plan to address our long- and the Congress. As a result, the Conrad- Medicare. The shortfall over 75 years is term fiscal imbalances. Gregg proposal provides one potential means now estimated at $33.9 trillion. The If 12 of the 16 agreed to a plan, it to achieve an objective we all should share— shortfall in Social Security over that would then receive fast-track treat- taking steps to make the tough choices nec- same period is $4.7 trillion. These are ment in the Senate. It would come to a essary to Keep America Great, and to help staggering amounts, a shortfall in vote without amendment after 100 make sure that our country’s, children’s and grandchildren’s future is better than our Medicare of almost $34 trillion, a short- hours of debate. Final passage would require a supermajority, 60 votes in the past. Hopefully, this and other related bills fall in Social Security of over $4.7 tril- will be given serious and timely consider- lion. Senate, 60 percent of the House of Rep- ation by the Congress and the President. Looked at another way, Medicare and resentatives. Thank you Senators Conrad and Gregg for Medicaid spending, according to ex- Senator GREGG and I have worked on your leadership and thank you for the oppor- perts, if it stays on the current course, this all year. We have discussed this tunity to join the both of you today. will consume as much of our national with many Members in both the House economy as the entire Federal budget and the Senate. This is our best judg- [From the Concord Coalition, Sept. 18, 2007] does today. ment of how best to proceed. We be- CONCORD COALITION PRAISES SENATORS CON- Let me repeat that. If the trend lines lieve this would give the Congress and RAD AND GREGG FOR BIPARTISAN INITIATIVE continue, by 2050 we will be spending as the country an opportunity to write a TO ADDRESS LONG-TERM FISCAL IMBALANCE much, just on Medicare and Medicaid, better fiscal future, one that would WASHINGTON.—The Concord Coalition of our national income as we spend for strengthen America, reduce our de- today praised Senate Budget Committee the entire Federal Government today. pendence on foreign capital and put us Chairman Kent Conrad (D–ND) and Ranking in a position to keep the promise that Member Judd Gregg (R–NH) for introducing This fundamentally threatens the eco- legislation that would create a bipartisan nomic security of the country. has been made to the American people of a country that is strong and fair, commission charged with developing specific At the same time, we have tax cuts solutions to the nation’s long-term fiscal im- in place. they are extended, according that respects those in retirement and, balance. to the President’s proposal, it will at the same time, gives maximum op- ‘‘There is very little dispute that current drive us right over the cliff. portunity to those working to fiscal policies are unsustainable. Yet, too This chart shows the Medicare defi- strengthen their families and this few of our elected leaders in Washington are cits in purple, the Social Security defi- country. willing to acknowledge the seriousness of the cits in green, and the cost of extending I thank my colleague Senator GREGG, long-term fiscal problem and even fewer are willing to put it on the political agenda. By the President’s tax cuts in red. We can the ranking member of the Budget Committee, for the extraordinary time focusing attention on this critical issue and see the combined effect is to take us insisting that it must be dealt with in a bi- right over the fiscal cliff, deep into and effort he has put into developing this proposal. partisan manner, Senators Conrad and Gregg debt and deficit in a way that is un- are setting a very positive example,’’ said I ask unanimous consent to have precedented. Concord Coalition Executive Director Robert printed comments in the RECORD about The Chairman of the Federal Reserve L. Bixby. this proposal: Support for it from said this about our budget outlook in Changing course to a more sustainable David Walker, the Comptroller General January: path will require hard choices, the active in- of the United States; support from the volvement of the American people and sus- [O]ne might look at these projections and Concord Coalition, the bipartisan Con- pension of partisan trench warfare. Since the say, ‘‘Well, these are about 2030 and 2040 and cord Coalition that is well known for regular legislative process has been incapa- so . . . we don’t really have to start worrying ble of dealing with the impending fiscal cri- about it yet.’’ But, in fact, the longer we its support of a fiscally responsible future; and from the Committee for a Re- sis, a new bipartisan commission makes wait, the more severe, the more draconian, sense as a means of jump-starting serious ac- the more difficult . . . the adjustments are sponsible Federal Budget. tion,’’ Bixby said. going to be. I think the right time to start is There being no objection, the mate- In Concord’s view, several aspects of this about 10 years ago. rial was ordered to be printed in the proposal are promising: The Chairman of the Federal Reserve RECORD, as follows: First, the commission would have equal has it right. CONRAD/GREGG TASK FORCE representation from Democrats and Repub- SENATOR GREGG and I are coming to I would like to thank and commend Chair- licans. It would thus be truly bipartisan—an our colleagues today and calling for man Conrad and Senator Gregg for their essential element for success. this bipartisan task force for respon- leadership in connection with the issue of Second, the commission would have a broad mandate to address the overall fiscal sible fiscal action. fiscal sustainability and intergenerational equity. As I have noted on numerous occa- imbalance, not just the actuarial imbalance What would it do? Simply, it would sions, our nation is on an imprudent and of individual programs. be given the responsibility to address unsustainable fiscal path. Tough choices are Third, there are no preconditions. If either our unsustainable long-term imbal- required in order to help ensue that our fu- side sets preconditions, the other side will ances between spending and revenue. ture is better than our past The sooner we not participate.

VerDate Mar 15 2010 22:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18SE7.REC S18SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11664 CONGRESSIONAL RECORD — SENATE September 18, 2007 Fourth, the commission’s recommenda- lamic terrorism. In the post-Katrina work. But on these issues, which are tions would be given an up or down vote in world, if the country knew that a cat- such hot buttons, what happens is, a Congress. Absent that, the report would like- egory 5 hurricane was headed at us, we commission will make a report, and all ly join many others on a shelf. knew where it was going to hit, we the interest groups will attack it from ‘‘This proposal, and others like it that are now being put forward, are very welcome. knew the size of the hurricane, and we this side and that side and the next Our experience with the Fiscal Wake-Up knew the damage it would do, the Gov- side. So this proposal is structured so Tour is that the public is hungry for a non- ernment would be absolutely irrespon- there is an action-forcing event; spe- partisan dialogue on the long-term fiscal sible not to respond to that. cifically, fast-track approval which, challenge. When presented with the facts, What we have coming at us is a cat- again, has to be by a supermajority of they appreciate that each of the realistic op- egory 5 fiscal hurricane. We know when the final report of the task force. tions comes with economic and political con- it is going to hit, and that is when the This truly is an opportunity to move sequences that must be carefully weighed, baby boom generation retires and be- forward to address this issue. Our fail- and that there must be tradeoffs. This com- gins to retire next year and reaches its mission would help to clarify those trade- ure to do so would be truly ironic be- offs and establish a process for resolving peak in its retirement size by about cause the problem which we confront them,’’ Bixby said. the year 2025. We know the impact of as a nation, which I say is probably the the problem, the size of the problem, single biggest issue after the war on Is- [From the Committee for a Responsible that there is $62 trillion of unfunded li- lamic terrorism, fighting the war Federal Budget, Sept. 18, 2007] ability which will be generated by the against Islamic terrorism, is that this CRFB PRAISES BIPARTISAN TASK FORCE retirement of the baby boom genera- fiscal category 5 hurricane is headed EFFORT tion to pay for the benefits under Medi- toward us, which is essentially going to WASHINGTON, DC.—Today, the Committee care, Medicaid, and Social Security. wipe out our children’s opportunity to for a Responsible Federal Budget applauded To try to put that in context, that is have a quality of lifestyle equal to the effort by Senators Conrad and Gregg to more than the entire net worth of all of ours, is totally the responsibility of the form a Bipartisan Task Force on Responsible America—all our homes, cars, stocks, present generation who is governing, Fiscal Action. all our assets. That is how big this li- the baby boom generation. We are the ‘‘This is precisely the type of bipartisan ability is. We know the effect of this collaboration we need to jumpstart the dis- generation of governance today. So be- cussion of how to confront the nation’s fiscal category 5 fiscal hurricane because we fore we pass our problem on to the next challenges,’’ said Maya MacGuineas, Presi- know it is going to basically wipe out generation, we have a responsibility to dent of the Committee for a Responsible the ability of our children and our chil- address it and to try to improve the ef- Federal Budget. ‘‘Bringing together sitting dren’s children to have as high a qual- fort. Members of Congress and representatives ity of life as we have had because the I know, as I look around this Cham- from the Administration to discuss these cost of paying for this fiscal tsunami ber and at this administration, there daunting challenges and evaluate the options will be so high. are people of goodwill who, given the for reform is a critical first step. We applaud We need to get on to the issue of try- right structure, which this task force the effort to get this discussion underway ing to address this looming threat. As and very much hope that it leads to the hard is, would be willing to come together, choices that are needed to rebalance the fed- the Comptroller General said today, we make the difficult decisions, and have eral government’s budget.’’ have a category 5 hurricane headed at the expertise to know how to make The task force would be made up of sixteen us and people are still playing on the those decisions to move maybe not a members. Seven would come from the House beach as if the wave is not going to ar- complete resolution of these issues but of Representatives (four appointed by the rive. Well, the wave is going to arrive. a significant resolution of the issues Speaker of the House and three appointed by So what the chairman of the Budget down the road so the next generation the Minority Leader of the House); seven Committee has put forward today—and would come from the Senate (four appointed does not have to bear the whole burden by the Majority Leader of the Senate and I am honored to have the opportunity of resolving the problems. It is time to three appointed by the Minority Leader of to participate in this effort—is a pro- act. the Senate); and two would come from the posal to move forward with substantive I congratulate the chairman of the Administration (one of whom would be the and definitive legislation which will re- Budget Committee for being the force Secretary of the Treasury, who would serve sult in action. That is what we need— behind getting this effort going. It is a as the Chairman of the task force). The task action. It is similar to the old Fram oil very positive initiative. I think it will force would review all areas of the budget in- filter ad: You can pay me now or you be received very well on our side of the cluding Social Security, Medicare, and taxes. can pay me later. If we act now, the The task force would be responsible for sub- aisle. I believe strongly that the ad- mitting a set of policy recommendations to cost is going to be less than if we act ministration will receive it well. improve the federal government’s fiscal im- later. Therefore, I believe we have a great op- balances, which would then be considered by So this proposal, which has been put portunity to move forward in a way Congress on an expedited basis. together after a lot of thought and ef- which will make sure our children and While the specific mission of the task fort on behalf of myself and Senator their children have as good a country force—to significantly improve the long- CONRAD, is basically built around three and as strong a country from the term fiscal balance of the federal govern- concepts. First, that there must be ab- standpoint of fiscal policy as we have. ment—is somewhat vague, it nonetheless solute bipartisanship. So as Senator I yield the floor. represents an important effort to begin dis- CONRAD has outlined, the task force, cussing these issues on a bipartisan basis The PRESIDING OFFICER. The Sen- with no preconditions regarding the policy when it meets, must have a three- ator from North Dakota. options which can be considered. The Com- fourths vote in favor of whatever pro- Mr. CONRAD. Madam President, I mittee for a Responsible Budget supports the posal they bring forward. Secondly, ev- again thank my colleague, Senator creation of a Bipartisan Task Force as an erything has to be on the table. Noth- GREGG, who has been incredibly en- important first step to addressing the coun- ing can be off. After all the discussion, gaged in this effort. He is very fair- try’s fiscal policy challenges. in order for this to work, all these minded in the structure of this pro- Mr. CONRAD. Again, I recognize my parts interplay with each other, you posal and I think visionary in terms of colleague, the very able Senator from have to be willing to address not only understanding the need for action. New Hampshire, the ranking member reform and how you deliver better ben- I say to my colleagues or staffs who of the Senate Budget Committee. efits at a lower cost under Medicare may be listening, all those who recog- The PRESIDING OFFICER. The Sen- and Medicaid and better benefits at a nize we are headed for a fiscal cliff and ator from New Hampshire. reasonable cost under Social Security, that we need to take action, this is our Mr. GREGG. Let me begin by thank- but you also have to address the tax opportunity. This is it. Those who say ing the chairman of the Budget Com- side of the ledger. So everything needs we have to do something, here is our mittee, Senator CONRAD, for moving to be on the table. Third, that for this chance. This is completely bipartisan, forward with this important effort to to work, there has to be an action-forc- eight Democrats, eight Republicans. It try to reach a conclusion and progress ing mechanism. We have seen report takes 12 of the 16 to make a report, a on the most significant issue this Na- after report, commission after commis- supermajority; that is, to assure it is tion faces beyond our fight with Is- sion. A lot of them have done excellent bipartisan in result. This is a task

VerDate Mar 15 2010 22:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18SE7.REC S18SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 18, 2007 CONGRESSIONAL RECORD — SENATE S11665 force of Members of Congress and rep- So I see absolutely no downside for for current health care workers who resentatives of the administration, 14 either side, Republican or Demo- are ready to upgrade their skills. Our Members of Congress, 2 representatives cratic—for Presidential candidates on health care system is an untapped re- of the administration. It is not outside either side or candidates for Congress source in the effort to increase the sup- experts, people who would not be re- on either side—because this is a proc- ply of nurses. Many people in the sponsible or be held accountable for the ess leading to a proposal that would health care workforce are in entry outcome. These will be people who are have bipartisan support if it is to pro- level jobs that don’t always offer op- accountable, who are responsible for ceed. portunities for advancement. For much the outcome. This is a measure that If I were an incoming administration, of this population, advanced education will lead to a vote. I would welcome a bipartisan plan to is unaffordable and unattainable. I say to my colleagues, this will as- deal with Social Security, with Medi- The Nurse Training and Retention sure that the work of this group will care, with the growth of deficits and Act offers incumbent health care work- come before the Congress if 12 of the 16 the debt, and not to have it come in ers realistic options to enhance their agree. Because if they do, there will the middle of an election but to only be skills, advance their careers, and meet then be 100 hours of debate but no presented after the election but before the growing demand for nurses. The amendment permitted, and there will the next Congress meets and the next legislation authorizes the Department be a vote up or down. Those who recog- administration takes on its respon- of Labor to award grants to support nize it takes us working together to sibilities. training programs for health care face up to these difficult problems, I I see it as not only a gift to the can- workers. Health aides can use these ask them to join with us, Republicans didates but, more importantly, as a programs to earn a certificate or de- and Democrats. Absent this, I suspect gift to the American people to take on gree in nursing. Nurses can upgrade what will happen is further delay, fur- some of the greatest challenges facing their skills and qualifications so that ther divisiveness, and no real result. our country and to do it in a bipartisan they can serve as nurse faculty, which That will mean even tougher choices in way and to do it in a way that actually would help relieve the backlog of quali- the future. leads to a result and action. fied applicants who aren’t in nursing I urge my colleagues to think care- Mr. GREGG. I once again congratu- school because of the lack of faculty. fully of this moment. This will not be late the chairman of the Budget Com- Programs administered by joint considered until after the election. We mittee for his exceptional leadership in labor/management training partner- have done everything we can to take this area. This is the first step in a bi- ships have made great progress in the election politics out of this, under- partisan effort which, hopefully, will effort to educate and retain nurses. standing it is highly unlikely that a lead to a bipartisan solution that The proposed grant program builds on matter of this import would be consid- America will see as fair and which will the good work these partnerships have ered in an election year and that per- pass on to our children a stronger and done, and encourages further collabora- haps the best opportunity is at the be- more vital Nation. tion with colleges and universities. The ginning of a new administration. None Thank you. combination of support at the work- of us know whether the new adminis- Mr. CONRAD. I again thank my col- place and collaboration with nursing tration will be a Republican or a Demo- league. This is the beginning of an ef- schools to meet the needs of the non cratic administration. None of us can fort. I ask colleagues on both sides, traditional student has led to strong performance by these students in nurs- know the makeup of the next Congress. please, join us in this effort. Let’s do ing school. These new nurses have What we do know is we face a ticking what we all know must happen—that higher retention rates than other, timebomb. The faster we act, the bet- we must take on these issues, that we more traditional students who do not ter for our Nation. must come up with solutions, and we have work experience in the field. An- Mr. GREGG. Will the Senator yield must do it sooner rather than later. other benefit of the career ladder is for a question? I thank my colleagues. Mr. CONRAD. I am happy to yield. that these collaborations are building a Mr. GREGG. I think the Senator By Mr. DURBIN: more diverse nursing workforce. made an excellent point that we are S. 2064. A bill to fund comprehensive Another important player in this now in a Presidential election. This programs to ensure an adequate supply process is the employer. That is why Commission is a gift to those can- of nurses; to the Committee on Health, my bill asks employers of incumbent health care workers to invest in the didates because they can come forward Education, Labor, and Pensions. training programs. This completes the and point to this Commission as taking Mr. DURBIN. Mr. President, Ameri- partnership, so that labor, employer, on some of the most complicated issues cans depend on nurses to deliver qual- and the participating school are all they are going to face. Because this ity patient care, yet our Nation faces a working together to retain and grow timebomb—which is an appropriate de- critical shortage of nurses. The U.S. the health care workforce we have scription, using the Senator’s words—is Bureau of Labor Statistics projects that more than 1.2 million new and re- today. going to start to explode, and the ex- Nurses play an invaluable role in pa- placement nurses will be needed by 2014 plosion will be rather large during the tient care in this country. Unless we do to keep up with the aging Baby Boomer term of the next Presidency. something today to improve the way So this is an opportunity to give population and the increased demand we train and retain nurses, we face a those candidates for President a forum for health care. severe shortage within the next decade. and a procedure where these issues, To avoid this dramatic shortage, we The Nurse Training and Retention Act which are so critical to the success of need to reach a significant and sus- can help us tap an overlooked resource the next Presidency, can actually be tained increase in the number of nurses by ensuring those who are in the moved down the road toward resolu- entering the workforce each year. We health care industry have a chance to tion. Is that not true? can do this by building on the current move up in their field, while expanding Mr. CONRAD. I thank the Senator. I health care workforce. Nurses who ad- the supply of nurses and nurse faculty. had a number of my colleagues, as the vance from other health care positions I urge my colleagues to join me in sup- Senator knows, come to me with great are better prepared to meet the de- porting this legislation. concern. Their concern was: Gee, you mands of the bedside because they are There being no objection, the text of are putting the Presidential candidates more aware of the work environment the bill was ordered to be printed in in an awkward position. How are they and ready to meet its unique chal- the RECORD, as follows: going to react to this? My reaction lenges. They also require less time in S. 2064 was: This is a gift to all the Presi- orientation than new workers and rep- Be it enacted by the Senate and House of Rep- dential candidates, this is a gift to the resent a diverse population more representatives of the United States of America in next administration because this will resentative of the patients being Congress assembled, provide them a bipartisan blueprint on served. SECTION 1. SHORT TITLE. how to proceed with some of the most Today, I am pleased to introduce leg- This Act may be cited as the ‘‘Nurse Train- vexing issues facing this country. islation that will foster career ladders ing and Retention Act of 2007’’.

VerDate Mar 15 2010 22:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18SE7.REC S18SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11666 CONGRESSIONAL RECORD — SENATE September 18, 2007 SEC. 2. FINDINGS. management training programs, and which (1) To carry out programs that provide Congress makes the following findings: may include representatives from local gov- education and training to establish nursing (1) America’s healthcare system depends ernments, worker investment agency one- career ladders to educate incumbent on an adequate supply of trained nurses to stop career centers, community based orga- healthcare workers to become nurses (in- deliver quality patient care. nizations, community colleges, and accred- cluding Certified Nurse Assistants, Licensed (2) Over the next 15 years, this shortage is ited schools of nursing; and Practical Nurses, Licensed Vocational expected to grow significantly. The Health (2) submit to the Secretary an application Nurses, and Registered Nurses). Such pro- Resources and Services Administration has at such time, in such manner, and con- grams shall include one or more of the fol- projected that by 2020, there will be a short- taining such information as the Secretary lowing: age of nurses in every State and that overall may require. (A) Preparing incumbent workers to return only 64 percent of the demand for nurses will (d) ADDITIONAL REQUIREMENTS FOR to the classroom through English as a second be satisfied, with a shortage of 1,016,900 HEALTHCARE EMPLOYER DESCRIBED IN SUB- language education, GED education, pre-col- nurses nationally. SECTION (C).—To be eligible for a grant under lege counseling, college preparation classes, (3) To avert such a shortage, today’s net- this section, a healthcare employer described and support with entry level college classes work of healthcare workers should have ac- in subsection (c) shall demonstrate— that are a prerequisite to nursing. cess to education and support from their em- (1) an established program within their fa- (B) Providing tuition assistance with pref- ployers to participate in educational and cility to encourage the retention of existing erence for dedicated cohort classes in com- training opportunities. nurses; munity colleges, universities, accredited (4) With the appropriate education and sup- (2) it provides wages and benefits to its schools of nursing with supportive services port, incumbent healthcare workers and in- nurses that are competitive for its market or including tutoring and counseling. cumbent bedside nurses are untapped sources that have been collectively bargained with a (C) Providing assistance in preparing for which can meet these needs and address the labor organization; and and meeting all nursing licensure tests and nursing shortage and provide quality care as (3) support for programs funded under this requirements. the American population ages. section through 1 or more of the following: (D) Carrying out orientation and (A) The provision of paid leave time and mentorship programs that assist newly grad- SEC. 3. ESTABLISHMENT OF GRANT PROGRAM. continued health coverage to incumbent uated nurses in adjusting to working at the (a) PURPOSES.—It is the purpose of this sec- healthcare workers to allow their participa- bedside to ensure their retention post grad- tion to authorize grants to— tion in nursing career ladder programs, in- uation, and ongoing programs to support (1) address the projected shortage of nurses cluding Certified Nurse Assistants, Licensed nurse retention. by funding comprehensive programs to cre- Practical Nurses, Licensed Vocational (E) Providing stipends for release time and ate a career ladder to nursing (including Cer- Nurses, and Registered Nurses. continued healthcare coverage to enable in- tified Nurse Assistants, Licensed Practical (B) Contributions to a joint labor-manage- cumbent healthcare workers to participate Nurses, Licensed Vocational Nurses, and ment training fund which administers the in these programs. Registered Nurses) for incumbent ancillary program involved. (2) To carry out programs that assist healthcare workers; (C) The provision of paid release time, in- nurses in obtaining advanced degrees and (2) increase the capacity for educating centive compensation, or continued health completing specialty training or certifi- nurses by increasing both nurse faculty and coverage to staff nurses who desire to work cation programs and to establish incentives clinical opportunities through collaborative full- or part-time in a faculty position. for nurses to assume nurse faculty positions programs between staff nurse organizations, (D) The provision of paid release time for on a part-time or full-time basis. Such pro- healthcare providers, and accredited schools staff nurses to enable them to obtain a Bach- grams shall include one or more of the fol- of nursing; and elor of Science in Nursing degree, other ad- lowing: (3) provide training programs through edu- vanced nursing degrees, specialty training, (A) Increasing the pool of nurses with ad- cation and training organizations jointly ad- or certification program. vanced degrees who are interested in teach- ministered by healthcare providers and (E) The payment of tuition assistance ing by funding programs that enable incum- healthcare labor organizations or other orga- which is managed by a joint labor-manage- bent nurses to return to school. nizations representing staff nurses and front- ment training fund or other jointly adminis- (B) Establishing incentives for advanced line healthcare workers, working in collabo- tered program. degree bedside nurses who wish to teach in ration with accredited schools of nursing and (e) OTHER REQUIREMENTS.— nursing programs so they can obtain a leave academic institutions. (1) MATCHING REQUIREMENT.— from their bedside position to assume a full- (b) GRANTS.—Not later than 6 months after (A) IN GENERAL.—The Secretary may not the date of enactment of this Act, the Sec- make a grant under this section unless the or part-time position as adjunct or full time retary of Labor (referred to in this section as applicant involved agrees, with respect to faculty without the loss of salary or benefits. the ‘‘Secretary’’) shall establish a partner- the costs to be incurred by the applicant in (C) Collaboration with accredited schools ship grant program to award grants to eligi- carrying out the program under the grant, to of nursing which may include community ble entities to carry out comprehensive pro- make available non-Federal contributions colleges and other academic institutions programs to provide education to nurses and (in cash or in kind under subparagraph (B)) viding Associate, Bachelor’s, or advanced create a pipeline to nursing for incumbent toward such costs in an amount equal to not nursing degree programs, or specialty train- ancillary healthcare workers who wish to ad- less than $1 for each $1 of Federal funds pro- ing or certification programs, for nurses to vance their careers, and to otherwise carry vided in the grant. Such contributions may carry out innovative nursing programs out the purposes of this section. be made directly or through donations from which meet the needs of bedside nursing and (c) ELIGIBLE ENTITIES.—To be eligible to public or private entities, or may be provided healthcare providers. receive a grant under this section an entity through the cash equivalent of paid release (g) PREFERENCE.—In awarding grant under shall— time provided to incumbent worker students. this section the Secretary shall give pref- (1) be— (B) DETERMINATION OF AMOUNT OF NON-FED- erence to programs that— (A) a healthcare entity that is jointly ad- ERAL CONTRIBUTION.—Non-Federal contribu- (1) provide for improving nurse retention; ministered by a healthcare employer and a tions required in subparagraph (A) may be in (2) provide for improving the diversity of labor union representing the healthcare em- cash or in kind (including paid release time), the new nurse graduates to reflect changes ployees of the employer and that carries out fairly evaluated, including equipment or in the demographics of the patient popu- activities using labor management training services (and excluding indirect or overhead lation; funds as provided for under section 302 of the costs). Amounts provided by the Federal (3) provide for improving the quality of Labor-Management Relations Act, 1947 (18 Government, or services assisted or sub- nursing education to improve patient care U.S.C. 186(c)(6)); sidized to any significant extent by the Fed- and safety; (B) an entity that operates a training pro- eral Government, may not be included in de- (4) have demonstrated success in upgrading gram that is jointly administered by— termining the amount of such non-Federal incumbent healthcare workers to become (i) one or more healthcare providers or fa- contributions. nurse or which have established effective cilities, or a trade association of healthcare (2) REQUIRED COLLABORATION.—Entities programs or pilots to increase nurse faculty; providers; and carrying out or overseeing programs carried or (ii) one or more organizations which rep- out with assistance provided under this sec- (5) are modeled after or affiliated with resent the interests of direct care healthcare tion shall demonstrate collaboration with such programs described in paragraph (4). workers or staff nurses and in which the di- accredited schools of nursing which may in- (h) EVALUATION.— rect care healthcare workers or staff nurses clude community colleges and other aca- (1) PROGRAM EVALUATIONS.—An entity that have direct input as to the leadership of the demic institutions providing Associate, receives a grant under this section shall an- organization; or Bachelor’s, or advanced nursing degree pro- nually evaluate, and submit to the Secretary (C) a State training partnership program grams or specialty training or certification a report on, the activities carried out under that consist of non-profit organizations that programs. the grant and the outcomes of such activi- include equal participation from industry, (f) ACTIVITIES.—Amounts awarded to an en- ties. Such outcomes may include— including public or private employers, and tity under a grant under this section shall be (A) an increased number of incumbent labor organizations including joint labor- used for the following: workers entering an accredited school of

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nursing and in the pipeline for nursing pro- racy (in Haiti), Operation Joint Endeavor (in S. RES. 320 grams; Bosnia-Herzegovina), and Operation Joint Whereas the people of Ukraine have over- (B) an increasing number of graduating Guardian (in Kosovo); come financial and political hardships to nurses and improved nurse graduation and li- Whereas the United States Transportation achieve a democratic system in which deci- censure rates; Command has also supported numerous hu- sions have been reached without violence (C) improved nurse retention; manitarian relief operations transporting re- and through free and fair elections; (D) an increase in the number of staff lief supplies to victims of natural disasters Whereas Ukraine has already conducted nurses at the healthcare facility involved; at home and abroad; elections considered free, fair, and consistent (E) an increase in the number of nurses Whereas the United States Transportation with the principles of the Organization for with advanced degrees in nursing; Command is a vital element in the war Security and Cooperation in Europe on 2 pre- (F) an increase in the number of nurse fac- against terrorism, supporting the Armed vious occasions; ulty; Forces around the world; Whereas the people of Ukraine deserve an (G) improved measures of patient quality Whereas since October 2001, the United elected and representative government that (which may include staffing ratios of nurses, States Transportation Command, and its can work together and pass legislation to patient satisfaction rates, patient safety components and national partners, have improve the quality of life for all Ukrain- measures); and transported nearly 4,000,000 passengers, ians; and (H) an increase in the diversity of new 9,000,000 short tons of cargo, and more than Whereas the people of Ukraine have suc- nurse graduates relative to the patient popu- 4,000,000,000,000 gallons of fuel in support of cessfully established a growing free press, an lation. the war on terrorism; increasingly independent judiciary, and a re- (2) GENERAL REPORT.—Not later than 2 Whereas in 2003 the Secretary of Defense spect for human rights and the rule of law, years after the date of enactment of this designated the Commander of the United which enhance freedom, stability, and pros- Act, and annually thereafter, the Secretary States Transportation Command as Distribu- perity: Now, therefore, be it of Labor shall, using data and information tion Process Owner to serve as the single De- Resolved, That the Senate— from the reports received under paragraph partment of Defense entity to ‘‘improve the (1) acknowledges the cooperation and (1), submit to Congress a report concerning overall efficiency and interoperability of dis- friendship between the people of the United the overall effectiveness of the grant pro- tribution related activities—deployment, States and the people of Ukraine since the gram carried out under this section. sustainment and redeployment support dur- restoration of Ukraine’s independence in 1991 (i) AUTHORIZATION OF APPROPRIATIONS.— ing peace and war’’; and the natural affections of the millions of There are authorized to be appropriated to Whereas the Quadrennial Defense Review Americans whose ancestors emigrated from carry out this section, such sums as may be of 2005 recognized the importance of joint Ukraine; necessary. mobility and the critical role that it plays in (2) expresses the admiration of the Amer- global power projection; cited the successful f ican people for the ongoing success of the investment in cargo transportability, stra- Ukranian people at removing violence from SUBMITTED RESOLUTIONS tegic lift, and pre-positioned stock; and politics, for which Ukrainians should be called for continued recapitalization and proud, in particular the free and fair presi- modernization of the airlift and aerial tank- dential elections of December 26, 2004, and SENATE RESOLUTION 319—EX- er fleet; and the parliamentary elections of March 26, PRESSING THE SENSE OF THE Whereas the assigned responsibilities of 2006; the United States Transportation Command (3) encourages the people of Ukraine to SENATE REGARDING THE include— UNITED STATES TRANSPOR- maintain the democratic successes of the Or- (1) providing common-user and commercial ange Revolution of 2004, and expresses the TATION COMMAND ON ITS 20TH transportation, terminal management, and hope that the leaders of Ukraine will con- ANNIVERSARY aerial refueling; duct the September 30, 2007, elections in Mr. DURBIN submitted the following (2) providing global patient movement for keeping with the standards of the Organiza- the Department of Defense through the De- tion for Security and Cooperation in Europe resolution; which was referred to the fense Transportation System; Committee on Armed Services: (OSCE), of which both the United States and (3) serving as the Mobility Joint Force Ukraine are participating states; S. RES. 319 Provider; and (4) urges the leaders and parties of Ukraine Whereas the Goldwater-Nichols Depart- (4) serving as Distribution Process Owner to overcome past differences and work to- ment of Defense Reorganization Act of 1986 for the Department of Defense: Now, there- gether constructively to enhance the eco- (Public Law 99–433) revoked prohibitions on fore, be it nomic and political stability of the country the consolidation of military transportation Resolved, That the Senate— that the people of Ukraine deserve; and functions, and President Reagan subse- (1) honors the sacrifice and commitment of (5) pledges the continued assistance of the quently ordered the establishment of a uni- the 155,000 members of the Armed Forces (in- United States to the continued progress and fied transportation command within the cluding the National Guard and Reserve) and further development of a free and represent- Armed Forces; civilian employees and contractors that ative democratic government in Ukraine Whereas October 1, 2007, marks the 20th comprise the United States Transportation based on the rule of law and the principle of year anniversary of the activation of the Command and recognizes the debt of grati- human rights. United States Transportation Command at tude of the American people; Scott Air Force Base, Illinois; (2) honors the families of United States f Whereas the United States Transportation Transportation Command members and recognizes their sacrifices while their loved SENATE CONCURRENT RESOLU- Command consists of— TION 47—RECOGNIZING THE 60TH (1) the United States Transportation Com- ones are deployed around the world; and mand at Scott Air Force Base, Illinois; (3) recognizes the success of United States ANNIVERSARY OF THE UNITED (2) the Air Mobility Command at Scott Air Transportation Command over the last 20 STATES AIR FORCE AS AN INDE- Force Base, Illinois; years and its continuing vital contributions PENDENT MILITARY SERVICE to the war against terrorism. (3) the Military Sealift Command in Wash- Mr. ENZI (for himself, Mr. NELSON of ington, District of Columbia; and Nebraska, Mr. THUNE, Mr. MARTINEZ, (4) the Military Surface Deployment and f Distribution Command at Scott Air Force Mr. DOMENICI, Mr. BINGAMAN, Ms. MUR- Base, Illinois; SENATE RESOLUTION 320—RECOG- KOWSKI, Mr. ALLARD, Mr. CRAPO, Mr. Whereas Operation Desert Shield and Oper- NIZING THE ACHIEVEMENTS OF ISAKSON, Mr. GRAHAM, Mr. ROBERTS, ation Desert Storm provided a wartime test THE PEOPLE OF UKRAINE IN Mr. TESTER, Mr. SALAZAR, Mr. BROWN- for the United States Transportation Com- PURSUIT OF FREEDOM AND DE- BACK, Mr. BROWN, and Mrs. LINCOLN) mand, resulting in a command that is fully MOCRACY, AND EXPRESSING submitted the following concurrent operational in both peacetime and wartime; THE HOPE THAT THE PAR- resolution; which was referred to the Whereas the United States Transportation Committee on Armed Services: Command has continued to prove its worth LIAMENTARY ELECTIONS ON during United States contingency oper- SEPTEMBER 30, 2007, PRESERVE S. CON. RES. 47 ations, such as Operation Desert Thunder AND EXTEND THESE GAINS AND Whereas President Harry S. Truman signed (enforcing United Nations resolutions in PROVIDE FOR A STABLE AND the National Security Act of 1947 on July 26, Iraq) and Operation Allied Force (North At- REPRESENTATIVE GOVERNMENT 1947, to realign and reorganize the Armed lantic Treaty Organization operations Forces and to create a separate Department against Serbia), and United States peace- Mr. BIDEN (for himself, Mr. LUGAR, of the Air Force from the existing military keeping endeavors, such as Operation Re- and Mr. CARDIN) submitted the fol- services; store Hope (in Somalia), Operation Support lowing resolutin; which was referred to Whereas the National Security Act of 1947 Hope (in Rwanda), Operation Uphold Democ- the Committee on Foreign Relations: was enacted on September 18, 1947;

VerDate Mar 15 2010 22:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18SE7.REC S18SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11668 CONGRESSIONAL RECORD — SENATE September 18, 2007 Whereas the Aeronautical Division of the Whereas the USAF operated the Berlin States when and where Airmen are called United States Army Signal Corps, consisting Airlift in 1948 and 1949 to provide humani- upon to do so; of one officer and two enlisted men, began tarian relief to post-war Germany and has Whereas the USAF is steadfast in its com- operation under the command of Captain established a tradition of humanitarian as- mitment to field a world-class, expeditionary Charles DeForest Chandler on August 1, 1907, sistance in responding to natural disasters air force by recruiting, training, and edu- with the responsibility for ‘‘all matters per- and needs across the world; cating its Total Force of active duty, Air Na- taining to military ballooning, air machines, Whereas the USAF announced a policy of tional Guard, Air Force Reserve, and civilian and all kindred subjects’’; racial integration in the ranks of the USAF personnel; Whereas in 1908, the Department of War on April 26, 1948, 3 months prior to a Presi- Whereas the USAF is a trustworthy stew- contracted with the Wright brothers to build dential mandate to integrate all military ard of resources, developing and applying one heavier-than-air flying machine for the services; technology, managing professional acquisi- United States Army, and accepted the Whereas in the early years of the Cold War, tion programs, and maintaining exacting Wright Military Flyer, the world’s first mili- the USAF’s arsenal of bombers, such as the test, evaluation, and sustainment criteria tary airplane, in 1909; long-range Convair B–58 Hustler and B–36 for all USAF weapon systems throughout Whereas United States pilots, flying with Peacemaker, and the Boeing B–47 Stratojet such weapon systems’ life cycles; both allied air forces and with the Army Air and B–52 Stratofortress, under the command Whereas, when terrorists attacked the Service, performed admirably in the course of General Curtis LeMay served as the United States on September 11, 2001, USAF of World War I, participating in pursuit, ob- United States’ preeminent deterrent against fighter and air refueling aircraft took to the servation, and day and night bombing mis- Soviet Union forces and were later aug- skies to fly combat air patrols over major sions; mented by the development and deployment United States cities and protect families, Whereas pioneering aviators of the United of medium range and intercontinental bal- friends, and neighbors of people of the United States, including Mason M. Patrick, William listic missiles, such as the Titan and Minute- States from further attack; ‘‘Billy’’ Mitchell, Benjamin D. Foulois, man developed by General Bernard A. Whereas, on December 7, 2005, the USAF Frank M. Andrews, Henry ‘‘Hap’’ Arnold, Schriever; modified its mission statement to include James ‘‘Jimmy’’ H. Doolittle, and Edward Whereas the USAF, employing the first flying and fighting in cyberspace and ‘‘Eddie’’ Rickenbacker, were among the first large-scale combat use of jet aircraft, helped prioritized the development, maintenance, to recognize the military potential of air to establish air superiority over the Korean and sustainment of war fighting capabilities power and courageously forged the founda- peninsula, protected ground forces of the to deliver unrestricted access to cyberspace tions for the creation of an independent arm United Nations with close air support, and and defend the United States and its global for air forces in the United States in the dec- interdicted enemy reinforcements and sup- interests; ades following World War I; plies during the conflict in Korea; Whereas Airmen around the world are com- Whereas on June 20, 1941, the Department Whereas after the development of launch mitted to fighting and winning the Global of War created the Army Air Forces (AAF) vehicles and orbital satellites, the mission of War on Terror and have flown more than as its aviation element and shortly there- the USAF expanded into space and today 430,000 sorties to precisely target and engage after the Department of War made the AAF provides exceptional real-time global com- insurgents who attempt to violently disrupt co-equal to the Army Ground Forces; munications, environmental monitoring, rebuilding in Iraq and Afghanistan; Whereas General Henry H. ‘‘Hap’’ Arnold navigation, precision timing, missile warn- Whereas talented and dedicated Airmen drew upon the industrial prowess and human ing, nuclear deterrence, and space surveil- will meet the future challenges of an ever- resources of the United States to transform lance; changing world with strength and resolve; the Army Air Corps from a force of 22,400 Whereas USAF Airmen have contributed to Whereas the USAF, together with its joint men and 2,402 aircraft in 1939 to a peak war- the manned space program of the United partners, will continue to be the United time strength of 2.4 million personnel and States since the program’s inception and States’ leading edge in the ongoing fight to 79,908 aircraft; throughout the program’s development at ensure the safety and security of the United Whereas the standard for courage, flexi- the National Aeronautics and Space Admin- States; and bility, and intrepidity in combat was estab- istration by dedicating themselves wholly to lished for all Airmen during the first aerial space exploration despite the risks of explo- Whereas during the past 60 years, the raid in the Pacific Theater on April 18, 1942, ration; USAF has repeatedly proved its value to the when Lieutenant Colonel James ‘‘Jimmy’’ H. Whereas the USAF engaged in a limited Nation, fulfilling its critical role in national Doolittle led 16 North American B–25 Mitch- campaign of air power to assist the South defense, and protecting peace, liberty, and ell bombers in a joint operation from the Vietnamese government in countering the freedom throughout the world: Now, there- deck of the naval carrier USS Hornet to communist Viet Cong guerillas during the fore, be it Resolved by the Senate (the House of Rep- strike the Japanese mainland in response to Vietnam War and fought to disrupt supply resentatives concurring), That Congress re- the Japanese attack on Pearl Harbor; lines, halt enemy ground offensives, and pro- members, honors, and commends the Whereas President Harry S. Truman sup- tect United States and Allied forces; achievements of the United States Air Force ported organizing air power as an equal arm Whereas Airmen were imprisoned and tor- in serving and defending the United States of the military forces of the United States, tured during the Vietnam War and, in the on the 60th anniversary of the creation of the writing on December 19, 1945, that air power valiant tradition of Airmen held captive in United States Air Force as an independent had developed so that the responsibilities previous conflicts, continued serving the military service. and contributions to military strategic plan- United States with honor and dignity under ning of air power equaled those of land and the most inhumane circumstances; f sea power; Whereas, in recent decades, the USAF and AMENDMENTS SUBMITTED AND Whereas on September 18, 1947, W. Stuart coalition partners of the United States have PROPOSED Symington became the first Secretary of the supported successful actions in Panama, Bos- newly formed and independent United States nia-Herzegovina, Kosovo, Iraq, Afghanistan, SA 2887. Mr. COBURN submitted an Air Force (USAF), and on September 26, 1947, and many other locations around the globe; amendment intended to be proposed by him General Carl A. Spaatz became the first Whereas Pacific Air Forces, along with to the bill H.R. 1124, to extend the District of Chief of Staff of the USAF; Asia-Pacific partners of the United States, Columbia College Access Act of 1999. Whereas the Air National Guard was also ensure peace and advance freedom from the SA 2888. Mr. COBURN submitted an created by the National Security Act of 1947 west coast of the United States to the east amendment intended to be proposed by him and has played a vital role in guarding the coast of Africa and from the Arctic to the to the bill H.R. 1124, supra. SA 2889. Mr. BIDEN submitted an amend- United States and defending freedom in near- Antarctic, covering more than 100 million ment intended to be proposed by him to the ly every major conflict and contingency square miles and the homes of 2 billion peo- bill H.R. 1585, to authorize appropriations for since its inception; ple in 44 countries; fiscal year 2008 for military activities of the Whereas on October 14, 1947, the USAF Whereas the United States Air Forces in Department of Defense, for military con- demonstrated its historic and ongoing com- Europe, along with European partners of the struction, and for defense activities of the mitment to technological innovation when United States, have shaped the history of Department of Energy, to prescribe military Captain Charles ‘‘Chuck’’ Yeager piloted the Europe from World War II, the Cold War, Op- personnel strengths for such fiscal year, and X–1 developmental rocket plane to a speed of eration Deliberate Force, and Operation Al- for other purposes; which was ordered to lie Mach 1.07, becoming the first flyer to break lied Force to today’s operations, and secured on the table. the sound barrier in a powered aircraft in stability and ensured freedom’s future in the SA 2890. Mr. THUNE submitted an amend- level flight; Europe, Africa, and Southwest Asia; ment intended to be proposed by him to the Whereas the USAF Reserve, created April Whereas, for 17 consecutive years begin- bill H.R. 1585, supra; which was ordered to lie 14, 1948, is comprised of Citizen Airmen who ning with 1990, Airmen have been engaged in on the table. steadfastly sacrifice personal fortune and full-time combat operations ranging from SA 2891. Mr. DODD submitted an amend- family comfort in order to serve as unrivaled Desert Shield to Iraqi Freedom, and have ment intended to be proposed to amendment wingmen of the active duty USAF in every shown themselves to be an expeditionary air SA 2011 proposed by Mr. NELSON of Nebraska deployment, mission, and battlefield around and space force of outstanding capability (for Mr. LEVIN) to the bill H.R. 1585, supra; the globe; ready to fight and win wars of the United which was ordered to lie on the table.

VerDate Mar 15 2010 22:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18SE7.REC S18SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 18, 2007 CONGRESSIONAL RECORD — SENATE S11669 SA 2892. Mr. KYL submitted an amend- him to the bill H.R. 1124, to extend the (d) DEFINITION.—In this section, the term ment intended to be proposed by him to the District of Columbia College Access ‘‘officer or agent of the United States’’ in- bill H.R. 1585, supra; which was ordered to lie Act of 1999; as follows: cludes any officer, employee, agent, con- on the table. tractor, or subcontractor acting for or on be- At the end of the bill, add the following: SA 2893. Mr. BOND (for himself and Mr. half of the United States. LEAHY) submitted an amendment intended to SEC. 2. MEANS TESTING. be proposed by him to the bill H.R. 1585, (a) IN GENERAL.—Section 3(c)(2) of the Dis- SA 2890. Mr. THUNE submitted an supra; which was ordered to lie on the table. trict of Columbia College Access Act of 1999 amendment intended to be proposed by (113 Stat. 1324; Public Law 106–98) is amend- SA 2894. Mr. CARDIN submitted an amend- him to the bill H.R. 1585, to authorize ment intended to be proposed by him to the ed— bill H.R. 1585, supra; which was ordered to lie (1) in subparagraph (E), by striking ‘‘and’’ appropriations for fiscal year 2008 for on the table. after the semicolon at the end; military activities of the Department SA 2895. Mr. CONRAD (for himself, Mr. (2) in subparagraph (F), by striking the pe- of Defense, for military construciton, HATCH, Mr. DORGAN, Mr. GREGG, Mr. ROB- riod at the end and inserting ‘‘; and’’; and and for defense activities of the De- ERTS, Mr. SUNUNU, Ms. CANTWELL, and Mr. (3) by adding at the end the following: partment of Energy, to prescribe mili- INHOFE) submitted an amendment intended ‘‘(G) is from a family with a taxable annual tary personnel strengths for such fiscal to be proposed by him to the bill H.R. 1585, income of less than $1,000,000.’’. year, and for other purposes; which was supra; which was ordered to lie on the table. (b) CONFORMING AMENDMENT.—Section SA 2896. Mr. DODD submitted an amend- 5(c)(2) of the District of Columbia College ordered to lie on the table; as follows: ment intended to be proposed by him to the Access Act of 1999 (113 Stat. 1328; Public Law At the end of subtitle B of title VIII, add bill H.R. 1585, supra; which was ordered to lie 106–98) is amended by striking ‘‘through (F)’’ the following: on the table. and inserting ‘‘through (G)’’. SEC. 827. MULTIYEAR PROCUREMENT AUTHOR- SA 2897. Mr. KENNEDY (for himself, Mr. ITY FOR THE DEPARTMENT OF DE- BYRD, Ms. MIKULSKI, and Mr. CARDIN) sub- SA 2888. Mr. COBURN submitted an FENSE FOR THE PURCHASE OF SYN- mitted an amendment intended to be pro- amendment intended to be proposed by THETIC FUELS. posed to amendment SA 2011 proposed by Mr. him to the bill H.R. 1124, to extend the (a) MULTIYEAR PROCUREMENT AUTHOR- NELSON of Nebraska (for Mr. LEVIN) to the District of Columbia College Access IZED.— (1) IN GENERAL.—Chapter 141 of title 10, bill H.R. 1585, supra; which was ordered to lie Act of 1999; as follows: on the table. United States Code, as amended by section SA 2898. Mr. LEVIN (for himself and Mr. At the end of the bill, add the following: 826 of this Act, is further amended by adding REED) submitted an amendment intended to SEC. 2. NON-DISCRIMINATION FOR PRIVATE at the end the following new section: SCHOOL STUDENTS. be proposed by him to the bill H.R. 1585, ‘‘§ 2410r. Multiyear procurement authority: Section 6 of the District of Columbia Col- supra; which was ordered to lie on the table. purchase of synthetic fuels SA 2899. Mr. FEINGOLD (for himself, Mr. lege Access Act of 1999 (113 Stat. 1327; Public ‘‘(a) MULTIYEAR CONTRACTS AUTHORIZED.— CASEY, Mr. KENNEDY, Ms. MIKULSKI, and Mr. Law 106–98) is amended by adding at the end the following: Subject to subsections (b) and (c), the head COLEMAN) submitted an amendment intended of an agency may enter into contracts for a to be proposed by him to the bill H.R. 1585, ‘‘(i) NON-DISCRIMINATION FOR PRIVATE period not to exceed 10 years for the pur- supra; which was ordered to lie on the table. SCHOOL STUDENTS.—In awarding grants chase of synthetic fuels. SA 2900. Mr. LAUTENBERG submitted an under this Act to eligible institutions, the ‘‘(b) LIMITATIONS ON CONTRACTS FOR PERI- amendment intended to be proposed to Mayor shall pay amounts, on behalf of eligi- ODS IN EXCESS OF FIVE YEARS.—The head of amendment SA 2166 submitted by Mr. SMITH ble students, that are equivalent regardless an agency may exercise the authority in sub- and intended to be proposed to the bill H.R. of whether the students attend a public or section (a) to enter a contract for a period in 1585, supra; which was ordered to lie on the private eligible institution.’’. excess of five years only if the head of the table. SA 2901. Mr. SESSIONS (for himself and SA 2889. Mr. BIDEN submitted an agency determines, on the basis of a business Mr. COBURN) submitted an amendment in- amendment intended to be proposed by case prepared by the agency, that— tended to be proposed to amendment SA 2011 him to the bill H.R. 1585, to authorize ‘‘(1) the proposed purchase of fuels under such contract is cost effective for the agen- proposed by Mr. NELSON of Nebraska (for Mr. appropriations for fiscal year 2008 for LEVIN) to the bill H.R. 1585, supra; which was cy; and military activities of the Department ‘‘(2) it would not be possible to purchase ordered to lie on the table. of Defense, for military construciton, SA 2902. Mr. SANDERS submitted an fuels from the source in an economical man- amendment intended to be proposed by him and for defense activities of the De- ner without the use of a contract for a period to the bill H.R. 1585, supra; which was or- partment of Energy, to prescribe mili- in excess of five years. dered to lie on the table. tary personnel strengths for such fiscal ‘‘(c) LIMITATION ON LIFECYCLE GREENHOUSE SA 2903. Mr. SANDERS submitted an year, and for other purposes; which was GAS EMISSIONS.—The head of an agency may amendment intended to be proposed by him ordered to lie on the table; as follows: not purchase synthetic fuels under the authority in subsection (a) unless the lifecycle to the bill H.R. 1585, supra; which was or- At the appropriate place, insert the fol- greenhouse gas emissions from such fuels are dered to lie on the table. lowing: SA 2904. Mr. SANDERS submitted an not greater than the lifecycle greenhouse gas amendment intended to be proposed by him SEC. ll. UNIFORM STANDARDS FOR THE INTER- emissions from conventional petroleum- ROGATION OF INDIVIDUALS DE- to the bill H.R. 1585, supra; which was or- TAINED BY THE GOVERNMENT OF based fuels that are used in the same appli- dered to lie on the table. THE UNITED STATES. cation. SA 2905. Mr. SANDERS submitted an (a) IN GENERAL.—No individual in the cus- ‘‘(d) DEFINITIONS.—In this section: amendment intended to be proposed by him tody or under the effective control of an offi- ‘‘(1) The term ‘head of an agency’ has the to the bill H.R. 1585, supra; which was or- cer or agent of the United States or detained meaning given that term in section 2302(1) of dered to lie on the table. in a facility operated by or on behalf of the this title. SA 2906. Mr. ISAKSON submitted an Department of Defense, the Central Intel- ‘‘(2) The term ‘synthetic fuel’ means any amendment intended to be proposed to ligence Agency, or any other agency of the liquid, gas, or combination thereof that— amendment SA 2011 proposed by Mr. NELSON Government of the United States shall be ‘‘(A) can be used as a substitute for petro- of Nebraska (for Mr. LEVIN) to the bill H.R. subject to any treatment or technique of in- leum or natural gas (or any derivative there- 1585, supra; which was ordered to lie on the terrogation not authorized by and listed in of, including chemical feedstocks); and table. United States Army Field Manual 2–22.3, en- ‘‘(B) is produced by chemical or physical SA 2907. Mr. ISAKSON submitted an titled ‘‘Human Intelligence Collector Oper- transformation of domestic sources of en- amendment intended to be proposed to ations’’. ergy.’’. amendment SA 2011 proposed by Mr. NELSON (b) APPLICABILITY.—Subsection (a) shall (2) CLERICAL AMENDMENT.—The table of of Nebraska (for Mr. LEVIN) to the bill H.R. not apply with respect to any individual in sections at the beginning of chapter 141 of 1585, supra; which was ordered to lie on the the custody or under the effective control of such title, as so amended, is further amended table. the Government of the United States based by adding at the end the following new item: SA 2908. Mr. REID (for Mr. DOMENICI (for on— ‘‘2410r. Multiyear procurement authority: himself and Mr. KENNEDY)) proposed an (1) an arrest or conviction for violating purchase of synthetic fuels.’’. amendment to the bill S. 558, to provide par- Federal criminal law; or (b) REGULATIONS.— ity between health insurance coverage of (2) an alleged or adjudicated violation of (1) IN GENERAL.—Not later than 120 days mental health benefits and benefits for med- the immigration laws of the United States. after the date of the enactment of this Act, ical and surgical services. (c) CONSTRUCTION.—Nothing in this section the Secretary of Defense shall prescribe reg- f may be construed to diminish the rights ulations requiring the head of an agency ini- TEXT OF AMENDMENTS under the Constitution of the United States tiating a multiyear contract as authorized of any individual in the custody or within by section 2410r of title 10, United States SA 2887. Mr. COBURN submitted an the physical jurisdiction of the Government Code (as added by subsection (a)), to find amendment intended to be proposed by of the United States. that—

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(A) there is a reasonable expectation that (2) PROHIBITION ON FUNDING.—No funds may Law 106–65; 10 U.S.C. 113 note) is amended by throughout the contemplated contract pe- be used to support military operations of the adding at the end the following new para- riod the head of the agency will request United States in Iraq after April 30, 2008, ex- graph: funding for the contract at the level required cept for the limited purposes set forth in ‘‘(9) Developments in asymmetric capabili- to avoid contract cancellation; paragraph (3). ties, including cyberwarfare, including— (B) there is a stable design for all related (3) EXCEPTION FOR LIMITED PURPOSES.—The ‘‘(A) detailed analyses of the countries tar- technologies to the purchase of synthetic requirement to redeploy forces under para- geted; fuels as so authorized; and graph (1) and the prohibition on funding ‘‘(B) the specific vulnerabilities targeted in (C) the technical risks associated with under paragraph (2) do not apply to forces es- these countries; such technologies are not excessive. sential— ‘‘(C) the tactical and strategic effects (2) MINIMUM ANTICIPATED SAVINGS.—The (A) to conduct targeted operations, limited sought by developing threats to such targets; regulations required by paragraph (1) shall in duration and scope, against members of al and provide that, in any case in which the esti- Qaeda and other international terrorist orga- ‘‘(D) an appendix detailing specific exam- mated total expenditure under a multiyear nizations; ples of tests and development of these asym- contract (or several multiyear contracts (B) to provide security for United States metric capabilities.’’. with the same prime contractor) under sec- infrastructure and personnel; or tion 2410r of title 10, United States Code (as (C) to train and equip Iraqi security forces. SA 2893. Mr. BOND (for himself and so added), are anticipated to be more than (c) ARMED FORCES READINESS.—Upon com- Mr. LEAHY) submitted an amendment (or, in the case of several contracts, the ag- pletion of the redeployment required under intended to be proposed by him to the gregate of which is anticipated to be more subsection (b), funds authorized to be appro- bill H.R. 1585, to authorize appropria- than) $540,000,000 (in fiscal year 1990 constant priated by this title for Operation Iraqi Free- tions for fiscal year 2008 for military dollars), the head of an agency may initiate dom may be available to be expended in ac- activities of the Department of De- such contract under such section only upon a cordance with the lists of program priorities fense, for military construction, and finding that use of such contract will result or requirements not included in the Presi- dent’s proposed budget for fiscal year 2008 for defense activities of the Depart- in savings exceeding 10 percent of the total ment of Energy, to prescribe military anticipated costs of procuring an equivalent submitted to the Committees on Armed amount of fuel for the same application Forces of the Senate and the House of Rep- personnel strengths for such fiscal through other means. If such estimated sav- resentatives by the Chief of the National year, and for other purposes; which was ings will exceed 5 percent of the total antici- Guard Bureau, the Chief of Staff of the ordered to lie on the table; as follows: pated costs of procuring an equivalent Army, the Commandant of the Marine Corps, At the end of division A, add the following: the Chief of Staff of the Air Force, and the amount of fuel for the same application TITLE XVI—NATIONAL GUARD BUREAU Chief of Naval Operations. Such amounts through other means, but not exceed 10 per- MATTERS AND RELATED MATTERS may not exceed— cent of such costs, the head of the agency (1) $1,000,000,000 for the National Guard Re- SEC. 1601. SHORT TITLE. may initiate such contract under such sec- serve Equipment Account; This title may be cited as the ‘‘National tion only upon a finding in writing that an (2) $10,288,000,000 for the Army; Guard Empowerment Act of 2007’’. exceptionally strong case has been made (3) $3,189,600,000 for the Marine Corps; SEC. 1602. EXPANDED AUTHORITY OF CHIEF OF with regard to findings required in paragraph (4) $16,943,600,000 for the Air Force; and THE NATIONAL GUARD BUREAU AND (1). EXPANDED FUNCTIONS OF THE NA- (5) $5,657,000,000 for the Navy. (3) LIMITATION ON USE OF AUTHORITY.—No TIONAL GUARD BUREAU. (d) LIMITATION ON USE OF FUNDS IN EVENT contract may be entered into under the au- (a) EXPANDED AUTHORITY.— OF FAILURE TO REDEPLOY FORCES.—Twenty- (1) IN GENERAL.—Subsection (a) of section thority in section 2410r of title 10, United five percent of the funds appropriated or oth- States Code (as so added), until the regula- 10501 of title 10, United States Code, is erwise made available for the Department of amended by striking ‘‘joint bureau of the De- tions required by paragraph (1) are pre- Defense for fiscal year 2008 for activities in partment of the Army and the Department scribed. Iraq may not be obligated or expended unless of the Air Force’’ and inserting ‘‘joint activ- the number of members of the Armed Forces ity of the Department of Defense’’. SA 2891. Mr. DODD submitted an deployed in Iraq by January 31, 2008, is at (2) PURPOSE.—Subsection (b) of such sec- amendment intended to be proposed to least 50,000 fewer than the number so de- tion is amended by striking ‘‘between’’ and amendment SA 2011 proposed by MR. ployed as of September 12, 2007, unless the all that follows and inserting ‘‘between— NELSON of Nebraska (for Mr. LEVIN) to President certifies to the congressional de- ‘‘(1)(A) the Secretary of Defense, the Joint the bill H.R. 1585, to authorize appro- fense committees that it is still possible to redeploy all such forces, except those who Chiefs of Staff, and the commanders of the priations for fiscal year 2008 for mili- combatant commands of the United States, tary activities of the Department of are essential for the limited purposes set forth in subsection (b)(3), by April 30, 2008. and (B) the Department of the Army and the Defense, for military construction, and (e) REPORT.—Not later than 60 days after Department of the Air Force; and for defense activities of the Depart- the date of the enactment of this Act, and ‘‘(2) the several States.’’. ment of Energy, to prescribe military every 30 days thereafter until May 31, 2008, (b) ENHANCEMENTS OF POSITION OF CHIEF OF personnel strengths for such fiscal the Secretary of Defense shall submit to the NATIONAL GUARD BUREAU.— congressional defense committees a report (1) ADVISORY FUNCTION ON NATIONAL GUARD year, and for other purposes; which was MATTERS.—Subsection (c) of section 10502 of ordered to lie on the table; as follows: on the status of redeployment efforts under this section. title 10, United States Code, is amended by At the end of title XV, add the following: (f) RULE OF CONSTRUCTION.—Nothing in this inserting ‘‘to the Secretary of Defense, to SEC. 1535. REDEPLOYMENT REQUIREMENTS AND section shall be construed as prohibiting the Chairman of the Joint Chiefs of Staff,’’ SPENDING RESTRICTIONS RELATED funding for personal protective equipment or after ‘‘principal adviser’’. TO MILITARY OPERATIONS IN IRAQ. other equipment or materiel necessary for (2) GRADE.—Subsection (d) of such section (a) SENSE OF CONGRESS.—It is the sense of improving the safety of members of the is amended by striking ‘‘lieutenant general’’ Congress that— Armed Forces. and inserting ‘‘general’’. (1) there is no military solution to the on- (3) ANNUAL REPORT TO CONGRESS ON VALI- going conflict in Iraq; SA 2892. Mr. KYL submitted an DATED REQUIREMENTS.—Section 10504 of such (2) the President should change direction amendment intended to be proposed by title is amended by adding at the end the fol- in Iraq if he wants to find a solution to the him to the bill H.R. 1585, to authorize lowing new subsection: conflict in that country; and appropriations for fiscal year 2008 for ‘‘(c) ANNUAL REPORT ON VALIDATED RE- (3) the President should launch a new dip- military activities of the Department QUIREMENTS.—Not later than December 31 lomatic offensive in order to promote rec- each year, the Chief of the National Guard onciliation and stability in Iraq, by appoint- of Defense, for military construction, Bureau shall submit to Congress a report on ing a special envoy to engage Iraqi leaders, and for defense activities of the De- the following: regional leaders, and international organiza- partment of Energy, to prescribe mili- ‘‘(1) The requirements validated under sections, such as the United Nations and the tary personnel strengths for such fiscal tion 10503a(b)(1) of this title during the pre- Arab League. year, and for other purposes; which was ceding fiscal year. (b) REDEPLOYMENT OF UNITED STATES COM- ordered to lie on the table; as follows: ‘‘(2) The requirements referred to in para- BAT FORCES.— At the end of subtitle C of title XII, add graph (1) for which funding is to be requested (1) REDEPLOYMENT REQUIRED.—The Sec- the following: in the next budget for a fiscal year under retary of Defense shall begin the phased re- section 10544 of this title. deployment of members of the Armed Forces SEC. 1234. INCLUSION OF INFORMATION ON ASYMMETRIC CAPABILITIES IN AN- ‘‘(3) The requirements referred to in para- from Iraq not later than 30 days after the NUAL REPORT ON MILITARY POWER graph (1) for which funding will not be re- date of the enactment of this Act, and shall OF THE PEOPLE’S REPUBLIC OF quested in the next budget for a fiscal year redeploy all such forces, except those who CHINA. under section 10544 of this title.’’. are essential for the limited purposes set Section 1202(b) of the National Defense Au- (c) ENHANCEMENT OF FUNCTIONS OF NA- forth in paragraph (3), by April 30, 2008. thorization Act for Fiscal Year 2000 (Public TIONAL GUARD BUREAU.—

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(1) ADDITIONAL GENERAL FUNCTIONS.—Sec- ‘‘(2) The acquisition of equipment, mate- forms the duties of adjutant general under tion 10503 of title 10, United States Code, is riel, and other supplies and services nec- the laws of such State, shall be treated as amended— essary for the provision of such assistance joint duty or joint duty experience for pur- (A) by redesignating paragraph (12) as and such operations in such fiscal year.’’. poses of any provisions of law required such paragraph (13); and (4) LIMITATION ON INCREASE IN PERSONNEL duty or experience as a condition of pro- (B) by inserting after paragraph (11) the OF NATIONAL GUARD BUREAU.—The Secretary motion. following new paragraph (12): of Defense shall, to the extent practicable, (b) REPORTS ON PROMOTION OF RESERVE ‘‘(12) Facilitating and coordinating with ensure that no additional personnel are as- MAJOR GENERALS TO LIEUTENANT GENERAL other Federal agencies, and with the several signed to the National Guard Bureau in GRADE.— States, the use of National Guard personnel order to address administrative or other re- (1) REVIEW REQUIRED.—The Secretary of and resources for and in contingency oper- quirements arising out of the amendments the Army and the Secretary of the Air Force ations, military operations other than war, made by this subsection. shall each conduct a review of the promotion natural disasters, support of civil authori- (d) CONFORMING AND CLERICAL AMEND- practices of the military department con- ties, and other circumstances.’’. MENTS.— cerned in order to identify and assess the (2) MILITARY ASSISTANCE FOR CIVIL AU- (1) CONFORMING AMENDMENT.—The heading practices of such military department in the THORITIES.—Chapter 1011 of such title is fur- of section 10503 of title 10, United States promotion of reserve officers from major ther amended by inserting after section 10503 Code, is amended to read as follows: general grade to lieutenant general grade. the following new section: ‘‘§ 10503. Functions of National Guard Bu- (2) REPORTS.—Not later than 60 days after ‘‘§ 10503a. Functions of National Guard Bu- reau: charter’’. the date of the enactment of this Act, the Secretary of the Army and the Secretary of reau: military assistance to civil authorities (2) CLERICAL AMENDMENTS.—(A) The table of sections at the beginning of chapter 1011 the Air Force shall each submit to the con- ‘‘(a) IDENTIFICATION OF ADDITIONAL NEC- gressional defense committees a report on ESSARY ASSISTANCE.—The Chief of the Na- of such title is amended by striking the item the review conducted by such official under tional Guard Bureau shall— relating to section 10503 and inserting the paragraph (1). Each report shall set forth— ‘‘(1) identify gaps between Federal and following new items: (A) the results of such review; and State capabilities to prepare for and respond ‘‘10503. Functions of National Guard Bureau: (B) a description of the actions intended to to emergencies; and charter. be taken by such official to encourage and ‘‘(2) make recommendations to the Sec- ‘‘10503a. Functions of National Guard Bu- facilitate the promotion of additional re- retary of Defense on programs and activities reau: military assistance to serve officers from major general grade to of the National Guard for military assistance civil authorities.’’. lieutenant general grade. to civil authorities to address such gaps. (B) The table of sections at the beginning ‘‘(b) SCOPE OF RESPONSIBILITIES.—In meet- of chapter 1013 of such title is amended by SEC. 1605. REQUIREMENT THAT POSITION OF ing the requirements of subsection (a), the DEPUTY COMMANDER OF THE adding at the end the following new item: UNITED STATES NORTHERN COM- Chief of the National Guard Bureau shall, in ‘‘10544. National Guard training and equip- MAND BE FILLED BY A QUALIFIED coordination with the adjutants general of ment: budget for military as- NATIONAL GUARD OFFICER. the States, have responsibilities as follows: sistance to civil authorities and (a) IN GENERAL.—A position of Deputy ‘‘(1) To validate the requirements of the for other domestic oper- Commander of the United States Northern several States and Territories with respect ations.’’. Command shall be filled by a qualified offi- to military assistance to civil authorities. SEC. 1603. PROMOTION OF ELIGIBLE RESERVE cer of the National Guard who is eligible for ‘‘(2) To develop doctrine and training re- OFFICERS TO LIEUTENANT GEN- promotion to the grade of lieutenant gen- quirements relating to the provision of mili- ERAL AND VICE ADMIRAL GRADES eral. tary assistance to civil authorities. ON THE ACTIVE-DUTY LIST. (b) PURPOSE.—The purpose of the require- ‘‘(3) To acquire equipment, materiel, and (a) SENSE OF CONGRESS.—It is the sense of ment in subsection (a) is to ensure that in- other supplies and services for the provision Congress that, whenever officers are consid- formation received from the National Guard of military assistance to civil authorities. ered for promotion to the grade of lieutenant Bureau regarding the operation of the Na- ‘‘(4) To assist the Secretary of Defense in general, or vice admiral in the case of the tional Guard of the several States is inte- preparing the budget required under section Navy, on the active duty list, officers of the grated into the plans and operations of the 10544 of this title. reserve components of the Armed Forces who United States Northern Command. ‘‘(5) To administer amounts provided the are eligible for promotion to such grade SEC. 1606. REQUIREMENT FOR SECRETARY OF National Guard for the provision of military should be considered for promotion to such DEFENSE TO PREPARE ANNUAL assistance to civil authorities. grade. PLAN FOR RESPONSE TO NATURAL ‘‘(6) To carry out any other responsibility (b) PROPOSAL.—The Secretary of Defense DISASTERS AND TERRORIST relating to the provision of military assist- shall submit to Congress a proposal for EVENTS. ance to civil authorities as the Secretary of mechanisms to achieve the objective speci- (a) REQUIREMENT FOR ANNUAL PLAN.—Not Defense shall specify. fied in subsection (a). The proposal shall in- later than March 1, 2008, and each March 1 ‘‘(c) CONSULTATION.—The Chief of the Na- clude such recommendations for legislative thereafter, the Secretary of Defense, in con- tional Guard Bureau shall carry out activi- or administrative action as the Secretary sultation with the commander of the United ties under this section in consultation with considers appropriate in order to achieve States Northern Command and the Chief of the Secretary of the Army and the Secretary that objective. the National Guard Bureau, shall prepare of the Air Force.’’. (c) NOTICE ACCOMPANYING NOMINATIONS.— and submit to Congress a plan for coordi- (3) BUDGETING FOR TRAINING AND EQUIPMENT The President shall include with each nominating the use of the National Guard and FOR MILITARY ASSISTANCE TO CIVIL AUTHORI- nation of an officer to the grade of lieuten- members of the Armed Forces on active duty TIES AND OTHER DOMESTIC MISSIONS.—Chapter ant general, or vice admiral in the case of when responding to natural disasters, acts of 1013 of title 10, United States Code, is amend- the Navy, on the active-duty list that is sub- terrorism, and other man-made disasters as ed by adding at the end the following new mitted to the Senate for consideration a cer- identified in the national planning scenarios section: tification that all reserve officers who were described in subsection (e). ‘‘§ 10544. National Guard training and equip- eligible for consideration for promotion to (b) INFORMATION TO BE PROVIDED TO SEC- ment: budget for military assistance to civil such grade were considered in the making of RETARY.—To assist the Secretary of Defense authorities and for other domestic oper- such nomination. in preparing the plan, the National Guard ations SEC. 1604. PROMOTION OF RESERVE OFFICERS Bureau, pursuant to its purpose as channel of ‘‘(a) IN GENERAL.—The budget justification TO LIEUTENANT GENERAL GRADE. communications as set forth in section documents materials submitted to Congress (a) TREATMENT OF SERVICE AS ADJUTANT 10501(b) of title 10, United States Code, shall in support of the budget of the President for GENERAL AS JOINT DUTY EXPERIENCE.— provide to the Secretary information gath- a fiscal year (as submitted with the budget (1) DIRECTORS OF ARMY AND AIR NATIONAL ered from Governors, adjutants general of of the President under section 1105(a) of title GUARD.—Section 10506(a)(3) of title 10, United States, and other State civil authorities re- 31) shall specify separate amounts for train- States Code, is amended— sponsible for homeland preparation and re- ing and equipment for the National Guard (A) by redesignating subparagraphs (C), sponse to natural and man-made disasters. for purposes of military assistance to civil (D), and (E) as subparagraphs (D), (E), and (c) TWO VERSIONS.—The plan shall set forth authorities and for other domestic oper- (F), respectively; and two versions of response, one using only ations during such fiscal year. (B) by inserting after subparagraph (B) the members of the National Guard, and one ‘‘(b) SCOPE OF FUNDING.—The amounts following new subparagraph (C): using both members of the National Guard specified under subsection (a) for a fiscal ‘‘(C) Service of an officer as adjutant gen- and members of the regular components of year shall be sufficient for purposes as fol- eral shall be treated as joint duty experience the Armed Forces. lows: for purposes of subparagraph (B)(ii).’’. (d) MATTERS COVERED.—The plan shall ‘‘(1) The development and implementation (2) OTHER OFFICERS.—The service of an offi- cover, at a minimum, the following: of doctrine and training requirements appli- cer of the Armed Forces as adjutant general, (1) Protocols for the Department of De- cable to the assistance and operations de- or as an officer (other than adjutant general) fense, the National Guard Bureau, and the scribed in subsection (a) for such fiscal year. of the National Guard of a State who per- Governors of the several States to carry out

VerDate Mar 15 2010 22:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18SE7.REC S18SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11672 CONGRESSIONAL RECORD — SENATE September 18, 2007 operations in coordination with each other (1) the purpose of the policy regarding the G of Public Law 105–277; 112 Stat. 2681–822; 8 and to ensure that Governors and local com- sponsor program at the academy; U.S.C. 1231 note) and regulations prescribed munities are properly informed and remain (2) the implementation of the policy; thereto, including regulations under part 208 in control in their respective States and (3) the method used to screen potential of title 8, Code of Federal Regulations, and communities. sponsors; part 95 of title 22, Code of Federal Regula- (2) An identification of operational proce- (4) the responsibilities of sponsors; tions; dures, command structures, and lines of (5) the guidance provided to midshipmen (3) Sections 1002 and 1003 of the Detainee communication to ensure a coordinated, effi- and cadets regarding the sponsor program; Treatment Act of 2005 (10 U.S.C. 801 note; 42 cient response to contingencies. and U.S.C. 2000dd). (3) An identification of the training and (6) any recommendations for change in the (b) PROHIBITION ON USE OF FUNDS FOR EX- equipment needed for both National Guard sponsor program. TRAORDINARY RENDITIONS.—No funds author- personnel and members of the Armed Forces ized to be appropriated by this Act may be on active duty to provide military assistance SA 2895. Mr. CONRAD (for himself, used for any transfer (commonly referred to to civil authorities and for other domestic Mr. HATCH, Mr. DORGAN, Mr. GREGG, as an ‘‘extraordinary rendition’’) of any per- operations to respond to hazards identified Mr. ROBERTS, Mr. SUNUNU, Ms. CANT- son who is imprisoned, detained, or held, or in the national planning scenarios. WELL, and Mr. INHOFE) submitted an otherwise in the custody or control of a de- (e) NATIONAL PLANNING SCENARIOS.—The amendment intended to be proposed by partment, agency, or official of the United States Government, or any contractor of a plan shall provide for response to the fol- him to the bill H.R. 1585, to authorize lowing hazards: department or agency of the United States (1) Nuclear detonation, biological attack, appropriations for fiscal year 2008 for Government, to a country where there are biological disease outbreak/pandemic flu, the military activities of the Department substantial grounds for believing that such plague, chemical attack-blister agent, chem- of Defense, for military construction, person would subjected to torture. ical attack-toxic industrial chemicals, chem- and for defense activities of the De- ical attack-nerve agent, chemical attack- partment of Energy, to prescribe mili- SA 2897. Mr. KENNEDY (for himself, chlorine tank explosion, major hurricane, tary personnel strengths for such fiscal Mr. BYRD, Ms. MIKULSKI, and Mr. major earthquake, radiological attack-radio- year, and for other purposes; which was CARDIN) submitted an amendment in- logical dispersal device, explosives attack- ordered to lie on the table; as follows: tended to be proposed to amendment bombing using improvised explosive device, SA 2011 proposed by Mr. NELSON of Ne- biological attack-food contamination, bio- At the end of subtitle D of title I, add the following: braska (for Mr. LEVIN) to the bill H.R. logical attack-foreign animal disease and 1585, to authorize appropriations for cyber attack. SEC. 143. SENSE OF CONGRESS ON THE REPLACE- MENT OF THE TANKER AIRCRAFT fiscal year 2008 for military activities (2) Any other hazards identified in a na- FLEET. of the Department of Defense, for mili- tional planning scenario developed by the It is the sense of Congress that timely re- Homeland Security Council. tary construction, and for defense ac- placement of the Air Force aerial refueling tivities of the Department of Energy, SEC. 1607. ADDITIONAL REPORTING REQUIRE- tanker fleet in a manner that achieves the MENTS RELATING TO NATIONAL best value for the taxpayer is a vital na- to prescribe military personnel GUARD EQUIPMENT. tional security priority for the reasons as strengths for such fiscal year, and for Section 10541 of title 10, United States follows: other purposes; which was ordered to Code, is amended by adding at the end the (1) The average age of the aircraft in the lie on the table; as follows: following new subsection: ‘‘(d) Each report under this section con- Air Force aerial refueling tanker fleet is now On page 354, after line 24, add the fol- cerning equipment of the National Guard more than 43 years, with the age of the air- lowing: shall also include the following: craft in the KC–135 tanker fleet averaging 46 SEC. 1070. ESTABLISHMENT OF JOINT PATHOL- ‘‘(1) A statement of the accuracy of the years. OGY CENTER. projections required by subsection (b)(5)(D) (2) The development and fielding of a re- (a) ESTABLISHMENT.—The Secretary of De- contained in earlier reports under this sec- placement tanker aircraft will allow the fense shall establish a Joint Pathology Cen- tion, and an explanation, if the projection United States military to continue to ter located at the National Naval Medical was not met, of why the projection was not project combat capability anywhere in the Center in Bethesda, Maryland, that shall met. world on short notice without relying on in- function as the reference center in pathology ‘‘(2) A certification from the Chief of the termediate bases for refueling. for the Department of Defense. (b) SERVICES.—The Joint Pathology Center National Guard Bureau setting forth an in- (3) Under current plans, it will take more shall provide, at a minimum, the following ventory for the preceding fiscal year of each than 30 years to replace the current fleet of services: item of equipment— KC–135 tanker aircraft, meaning that some (1) Diagnostic pathology consultation in ‘‘(A) for which funds were appropriated; KC–135 tanker aircraft are scheduled to re- medicine, dentistry, and veterinary sciences ‘‘(B) which was due to be procured for the main operational until they are nearly 80 (including consultation services for patients National Guard during that fiscal year; and years old. who are civilians, veterans, or active duty ‘‘(C) which has not been received by a Na- Mr. DODD submitted an military personnel). tional Guard unit as of the close of that fis- SA 2896. (2) Pathology education, to include grad- cal year.’’. amendment intended to be proposed by him to the bill H.R. 1585, to authorize uate medical education, including residency SA 2894. Mr. CARDIN submitted an appropriations for fiscal year 2008 for and fellowship programs, and continuing amendment intended to be proposed by military activities of the Department medical education. (3) Diagnostic pathology research. him to the bill H.R. 1585, to authorize of Defense, for military construction, (4) Maintenance and continued moderniza- appropriations for fiscal year 2008 for and for defense activities of the De- tion of the Tissue Repository and, as appro- military activities of the Department partment of Energy, to prescribe mili- priate, utilization of such Repository in con- of Defense, for military construction, tary personnel strengths for such fiscal ducting the activities described in para- and for defense activities of the De- year, and for other purposes; which was graphs (1) through (3). partment of Energy, to prescribe mili- ordered to lie on the table; as follows: SA 2898. Mr. LEVIN (for himself and tary personnel strengths for such fiscal At the end of subtitle C of title X, add the year, and for other purposes; which was following: Mr. REED) submitted an amendment in- ordered to lie on the table; as follows: SEC. 1031. PROHIBITION ON USE OF FUNDS FOR tended to be proposed by him to the At the end of subtitle D of title V, add the CRUEL, INHUMAN, AND DEGRADING bill H.R. 1585, to authorize appropria- following: TREATMENT AND PUNISHMENT. tions for fiscal year 2008 for military (a) PROHIBITION ON USE OF FUNDS FOR SEC. 555. ASSESSMENTS OF SPONSOR PROGRAMS activities of the Department of De- AT THE MILITARY SERVICE ACAD- CRUEL, INHUMAN, AND DEGRADING TREATMENT fense, for military construction, and EMIES. AND PUNISHMENT.—No funds authorized to be for defense activities of the Depart- (a) ASSESSMENTS REQUIRED.—Not later appropriated by this Act may be used in con- travention of the following laws enacted or ment of Energy, to prescribe military than 180 days after the date of the enactment personnel strengths for such fiscal of this Act, each Secretary concerned shall regulations prescribed to implement the submit to the congressional defense commit- United Nations Convention Against Torture year, and for other purposes; which was tees an assessment of the sponsor program at and Other Cruel, Inhuman or Degrading ordered to lie on the table; as follows: each military service academy of such mili- Treatment or Punishment (done at New At the end of subtitle C of title XV, add the tary department together with a copy of the York on December 10, 1984): following: policy of the academy with respect to such (1) Section 2340A of title 18, United States SEC. 1535. REDUCTION AND TRANSITION OF program. Code. UNITED STATES FORCES IN IRAQ. (b) CONTENT.—Each assessment submitted (2) Section 2242 of the Foreign Affairs Re- (a) DEADLINE FOR COMMENCEMENT OF RE- under subsection (a) shall describe— form and Restructuring Act of 1998 (division DUCTION.—The Secretary of Defense shall

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commence the reduction of the number of (i) individuals for whom the qualified (B) COVERED PERIOD OF SERVICE.—The term United States forces in Iraq not later than 90 member of the Armed Forces provides med- ‘‘covered period of service’’ means any period days after the date of the enactment of this ical, financial, and logistical support (such of service performed by an employee as a Act. as housing, food, clothing, or transpor- caregiver while the individual who des- (b) IMPLEMENTATION OF REDUCTION ALONG tation); and ignated the caregiver under paragraph (4) re- WITH A COMPREHENSIVE STRATEGY.—The re- (ii) children under the age of 18 years, el- mains a qualified member of the Armed duction of forces required by this section derly adults, persons with disabilities, and Forces. shall be implemented along with a com- other persons who are unable to care for (C) EMPLOYEE.—The term ‘‘employee’’ prehensive diplomatic, political, and eco- themselves because of a mental or physical means an employee of a business entity par- nomic strategy that includes sustained en- disability in the absence of the qualified ticipating in the program under this sub- gagement with Iraq’s neighbors and the member of the Armed Forces. section. international community for the purpose of (E) QUALIFIED MEMBER OF THE ARMED (D) FAMILY MEMBER.—The term ‘‘family working collectively to bring stability to FORCES.—The term ‘‘qualified member of the member’’ includes— Iraq. As part of this effort, the President Armed Forces’’ means— (i) individuals for whom the qualified shall direct the United States Special Rep- (i) a member of a reserve component of the member of the Armed Forces provides med- resentative to the United Nations to use the Armed Forces as described under section ical, financial, and logistical support (such voice, vote, and influence of the United 10101 of title 10, United States Code, who has as housing, food, clothing, or transpor- States to seek the appointment of an inter- received notice to report to, or is serving on, tation); and national mediator in Iraq, under the auspices active duty in the Armed Forces in support (ii) children under the age of 18 years, el- of the United Nations Security Council, who of a contingency operation as defined under derly adults, persons with disabilities, and has the authority of the international com- section 101(a)(13) of title 10, United States other persons who are unable to care for munity to engage political, religious, ethnic Code; or themselves because of mental or physical and tribal leaders in Iraq in an inclusive po- (ii) a member of the Armed Forces on ac- disability in the absence of the qualified litical process. tive duty who is eligible for hostile fire or member of the Armed Forces. (c) LIMITED PRESENCE AFTER REDUCTION imminent danger special pay under section (E) QUALIFIED MEMBER OF THE ARMED AND TRANSITION.—After the conclusion of the 310 of title 37, United States Code. FORCES.—The term ‘‘qualified member of the reduction and transition of United States (2) ESTABLISHMENT OF PROGRAM.—The Of- Armed Forces’’ means— forces to a limited presence as required by fice of Personnel Management shall establish this section, the Secretary of Defense may (i) a member of a reserve component of the a program to authorize a caregiver to use Armed Forces as described under section deploy or maintain members of the Armed under paragraph (4)— Forces in Iraq only for the following mis- 10101 of title 10, United States Code, who has (A) any sick leave of that caregiver during received notice to report to, or is serving on, sions: a covered period of service; and (1) Protecting United States and Coalition active duty in the Armed Forces in support (B) any leave available to that caregiver of a contingency operation as defined under personnel and infrastructure. under subchapter III or IV of chapter 63 of (2) Training, equipping, and providing lo- section 101(a)(13) of title 10, United States title 5, United States Code, during a covered Code; or gistic support to the Iraqi Security Forces. period of service. (ii) a member of the Armed Forces on ac- (3) Engaging in targeted counterterrorism (3) DESIGNATION OF CAREGIVER.— tive duty who is eligible for hostile fire or operations against al Qaeda, al Qaeda affili- (A) IN GENERAL.—A qualified member of imminent danger special pay under section ated groups, and other international ter- the Armed Forces shall submit a written des- 310 of title 37, United States Code. rorist organizations. ignation of the individual who is the care- (2) ESTABLISHMENT OF PROGRAM.— (d) COMPLETION OF TRANSITION.—The Sec- giver for any family member of that member (A) IN GENERAL.—The Secretary of Labor retary of Defense shall complete the transi- of the Armed Forces during a covered period shall establish a program to authorize em- tion of United States forces to a limited of service to— ployees of business entities described under presence and missions as described in sub- (i) the employing agency; and paragraph (3) to use sick leave, or any other section (c) by not later than nine months (ii) the uniformed service of which the in- leave available to an employee, during a cov- after the date of the enactment of this Act. dividual is a member. ered period of service for purposes relating (B) DESIGNATION OF SPOUSE.—Notwith- SA 2899. Mr. FEINGOLD (for himself, standing paragraph (1)(A)(ii), an individual to, or resulting from, the employee’s giving Mr. CASEY, Mr. KENNEDY, Ms. MIKUL- less than 21 years of age may be designated of care under the designation of the em- SKI, and Mr. COLEMAN) submitted an as a caregiver if that individual is the spouse ployee as a caregiver. amendment intended to be proposed by of the qualified member of the Armed Forces (B) EXCEPTION.—Subparagraph (A) shall him to the bill H.R. 1585, to authorize making the designation. not apply to leave made available under the Family and Medical Leave Act of 1993 (29 appropriations for fiscal year 2008 for (4) USE OF CAREGIVER LEAVE.—Leave may only be used under this subsection for pur- U.S.C. 2601 et seq.). military activities of the Department (3) VOLUNTARY BUSINESS PARTICIPATION.— of Defense, for military construction, poses directly relating to, or resulting from, the employee’s giving of care under the des- The Secretary of Labor shall solicit business and for defense activities of the De- ignation of the employee as a caregiver. entities to voluntarily participate in the program under this subsection. partment of Energy, to prescribe mili- (5) COVERAGE OF FEDERAL EMPLOYEES NOT (4) DESIGNATION OF CAREGIVER.— tary personnel strengths for such fiscal UNDER THE FEDERAL ANNUAL- AND SICK-LEAVE (A) IN GENERAL.—A qualified member of year, and for other purposes; which was SYSTEM.—The program developed by the Of- ordered to lie on the table; as follows: fice of Personnel Management under para- the Armed Forces shall submit a written des- graph (2) shall also authorize employees of ignation of the individual who is the care- At the appropriate place, insert the fol- giver for any family member of that member lowing: the executive branch who are not employees referred to in paragraph (1)(C) to use sick of the Armed Forces during a covered period SEC. lll. PROGRAMS FOR USE OF LEAVE BY of service to— CAREGIVERS FOR FAMILY MEMBERS leave, or any other leave available to the OF INDIVIDUALS PERFORMING CER- employee, during a covered period of service (i) the employing business entity; and TAIN MILITARY SERVICE. for purposes relating to, or resulting from, (ii) the uniformed service of which the in- (a) FEDERAL EMPLOYEES PROGRAM.— the employee’s giving of care under the des- dividual is a member. (1) DEFINITIONS.—In this subsection: ignation of the employee as a caregiver. (B) DESIGNATION OF SPOUSE.—Notwith- standing paragraph (1)(A)(ii), an individual (A) CAREGIVER.—The term ‘‘caregiver’’ (6) REGULATIONS.—Not later than 120 days means an individual who— after the date of enactment of this Act, the less than 21 years of age may be designated (i) is an employee; Office of Personnel Management shall pre- as a caregiver if that individual is the spouse (ii) is at least 21 years of age; and scribe regulations to carry out this sub- of the qualified member of the Armed Forces (iii) is capable of self care and care of chil- section, including a definition of activities making the designation. dren or other dependent family members of a that qualify as the giving of care. (5) USE OF CAREGIVER LEAVE.—Leave may only be used under this subsection for pur- qualified member of the Armed Forces. (7) TERMINATION.—The program under this (B) COVERED PERIOD OF SERVICE.—The term subsection shall terminate on December 31, poses directly relating to, or resulting from, ‘‘covered period of service’’ means any period 2009. the employee’s giving of care under the des- of service performed by an employee as a (b) VOLUNTARY PRIVATE SECTOR LEAVE ignation of the employee as a caregiver. caregiver while the individual who des- PROGRAM.— (6) REGULATIONS.—Not later than 120 days ignated the caregiver under paragraph (3) re- (1) DEFINITIONS.—In this subsection: after the date of enactment of this Act, the mains a qualified member of the Armed (A) CAREGIVER.—The term ‘‘caregiver’’ Secretary of Labor shall prescribe regula- Forces. means an individual who— tions to carry out this subsection. (C) EMPLOYEE.—The term ‘‘employee’’ has (i) is an employee; (7) TERMINATION.—The program under this the meaning given under section 6331 of title (ii) is at least 21 years of age; and subsection shall terminate on December 31, 5, United States Code. (iii) is capable of self care and care of chil- 2009. (D) FAMILY MEMBER.—The term ‘‘family dren or other dependent family members of a (c) GAO REPORT.—Not later than March 31, member’’ includes— qualified member of the Armed Forces. 2009, the Government Accountability Office

VerDate Mar 15 2010 22:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18SE7.REC S18SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11674 CONGRESSIONAL RECORD — SENATE September 18, 2007 shall submit a report to Congress on the pro- SA 2901. Mr. SESSIONS (for himself 2008, the Secretary of Defense shall submit grams under subsections (a) and (b) that in- and Mr. COBURN) submitted an amend- to the congressional defense committees a cludes— ment intended to be proposed to report on the feasibility and advisability of (1) an evaluation of the success of each pro- amendment SA 2011 proposed by Mr. each of the following: gram; and (1) The certification of a Joint Enhanced (2) recommendations for the continuance NELSON of Nebraska (for Mr. LEVIN) to Carbine requirement that does not require or termination of each program. the bill H.R. 1585, to authorize appro- commonality with existing technical data. (d) OFFSET.—The aggregate amount au- priations for fiscal year 2008 for mili- (2) The award of contracts for all available thorized to be appropriated for fiscal year tary activities of the Department of nondevelopmental carbines in accordance 2008 for the use of the Department of Defense Defense, for military construction, and with the Joint Enhanced Carbine require- for research, development, test and evalua- for defense activities of the Depart- ment. tion shall be reduced by $2,000,000. ment of Energy, to prescribe military (3) The reclassification, effective August 1, 2008, of funds for M4 Carbines to Joint En- SA 2900. Mr. LAUTENBERG sub- personnel strengths for such fiscal year, and for other purposes; which was hanced Carbines authorized only as the re- mitted an amendment intended to be sult of competition. proposed to amendment SA 2166 sub- ordered to lie on the table; as follows: (4) The use of rapid equipping authority to mitted by Mr. SMITH and intended to be At the end of subtitle B of title I, add the procure weapons under $2,000 per unit using proposed to the bill H.R. 1585, to au- following: contracts for nondevelopmental items that thorize appropriations for fiscal year SEC. 115. M4 CARBINE RIFLE. are awarded through full and open competi- (a) FINDINGS.—Congress makes the fol- tion. 2008 for military activities of the De- lowing findings: partment of Defense, for military con- (1) The members of the Armed Forces are Mr. SANDERS submitted an struction, and for defense activities of entitled to the best individual combat weap- SA 2902. the Department of Energy, to prescribe ons available in the world today. amendment intended to be proposed by military personnel strengths for such (2) Full and open competition in procure- him to the bill H.R. 1585, to authorize fiscal year, and for other purposes; ment is required by law, and is the most ef- appropriations for fiscal year 2008 for which was ordered to lie on the table; fective way of selecting the best individual military activities of the Department as follows: combat weapons for the Armed Forces at the of Defense, for military construction, best price. On page 20 of the amendment, after line 12, and for defense activities of the De- (3) The M4 carbine rifle is currently the in- partment of Energy, to prescribe mili- insert the following: dividual weapon of choice for the Army, and (m) LIABILITY OF PARENT COMPANIES FOR tary personnel strengths for such fiscal it is procured through a sole source contract. VIOLATIONS OF SANCTIONS BY FOREIGN ENTI- (4) The M4 carbine rifle has been proven in year, and for other purposes; which was TIES.— combat and meets or exceeds the existing re- ordered to lie on the table; as follows: (1) SHORT TITLE.—This subsection may be quirements for carbines. cited as the ‘‘Stop Business with Terrorists At the end of subtitle H of title V, add the (5) In recent months, government testing Act of 2007’’. following: and surveys of commercially available small (2) DEFINITIONS.—In this subsection: SEC. 594. ENHANCEMENT OF CERTIFICATE OF arms have identified alternative riles and (A) ENTITY.—The term ‘‘entity’’ means a RELEASE OR DISCHARGE FROM AC- carbines that, like the M4 carbine, meet or partnership, association, trust, joint ven- TIVE DUTY. exceed existing performance and mainte- ture, corporation, or other organization. The Secretary of Defense shall, in con- nance requirements for the Armed Forces. (B) PARENT COMPANY.—The term ‘‘parent sultation with the Secretary of Veterans Af- (6) The Army Training and Doctrine Com- company’’ means an entity that is a United fairs, modify the Certificate of Release or mand is conducting a full Capabilities Based States person and— Discharge from Active Duty (Department of Assessment (CBA) of the small arms of the (i) the entity owns, directly or indirectly, Defense from DD214) in order to permit a Army which will determine whether or not more than 50 percent of the equity interest member of the Armed Forces, upon discharge gaps exist in the current capabilities of such by vote or value in another entity; or release from active duty in the Armed small arms and inform decisions as to wheth- (ii) board members or employees of the en- Forces, to elect the forwarding of the Certifi- er or not a new individual weapon is required tity hold a majority of board seats of an- cate to the following: to address such gaps. other entity; or (1) The Central Office of the Department of (b) SENSE OF CONGRESS.—It is the sense of Veterans Affairs in Washington, District of (iii) the entity otherwise controls or is able Congress that the Secretary of Defense Columbia. to control the actions, policies, or personnel should establish a new program of record for (2) The appropriate office of the United decisions of another entity. the Joint Enhanced Carbine not later than States Department of Veterans in the State (C) UNITED STATES PERSON.—The term October 1, 2008. in which the member will first reside after ‘‘United States person’’ means— (c) REPORT ON CAPABILITIES BASED ASSESS- (i) a natural person who is a citizen of the MENT.—Not later than 30 days after the date such discharge or release. United States or who owes permanent alle- of the enactment of this Act, the Secretary giance to the United States; and of the Army shall submit to the congres- SA 2903. Mr. SANDERS submitted an (ii) an entity that is organized under the sional defense committees a report on the amendment intended to be proposed by laws of the United States, any State or terri- Capabilities Based Assessment of the small him to the bill H.R. 1585, to authorize tory thereof, or the District of Columbia, if arms of the Army referred to in subsection appropriations for fiscal year 2008 for natural persons described in clause (i) own, (a)(6). military activities of the Department directly or indirectly, more than 50 percent (d) COMPETITION FOR NEW INDIVIDUAL of the outstanding capital stock or other WEAPON.— of Defense, for military construction, beneficial interest in such entity. (1) COMPETITION REQUIRED.—In the event and for defense activities of the De- (3) LIABILITY OF PARENT COMPANIES.—In the Capabilities Based Assessment identifies partment of Energy, to prescribe mili- any case in which an entity engages in an gaps in the current capabilities of the small tary personnel strengths for such fiscal act outside the United States that, if com- arms of the Army and the Secretary of the year, and for other purposes; which was mitted in the United States or by a United Army determines that a new individual ordered to lie on the table; as follows: States person, would violate the provisions weapon is required to address such gaps, the of Executive Order 12959 (50 U.S.C. 1701 note) Secretary shall procure the new individual At the end of subtitle C of title V, add the or Executive Order 13059 (50 U.S.C. 1701 note), weapon through one or more contracts en- following: or any other prohibition on transactions tered into after full and open competition SEC. 536. ENHANCEMENT OF REVERSE SOLDIER with respect to Iran imposed under the au- described in paragraph (2). READINESS PROCESSING DEMOBILI- thority of the International Emergency Eco- (2) FULL AND OPEN COMPETITION.—The full ZATION PROCEDURE. nomic Powers Act (50 U.S.C. 1701 et seq.), the and open competition described in this para- The Secretary of Defense and the Sec- parent company of the entity shall be sub- graph is full and open competition among all retary of Veterans Affairs shall jointly mod- ject to the penalties for the act to the same responsible manufacturers that— ify the demobilization procedure for mem- extent as if the parent company had engaged (A) is open to all developmental item solu- bers of the Armed Forces known as Reverse in the act. tions and nondevelopmental item (NDI) solu- Soldier Readiness Processing by providing (4) APPLICABILITY.—Paragraph (3) shall not tions; and for the presence of appropriate Department apply to a parent company of an entity on (B) provides for the award of the contract of Veterans Affairs personnel during such de- which the President imposed a penalty for a or contracts concerned based on best weapon mobilization procedure in order to achieve violation described in paragraph (3) that was performance in light of the capabilities iden- the following: in effect on the date of the enactment of this tified to be required in the Capabilities (1) The voluntary registration of members Act if the parent company divests or termi- Based Assessment. of the Armed Forces covered by such proce- nates its business with such entity not later (e) REPORT ON CLASSIFICATION AS JOINT EN- dure in applicable systems of the Depart- than 90 days after such date of enactment. HANCED CARBINE.—Not later than March 1, ment of Veterans Affairs.

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(2) The voluntary registration of members (B) consult with the Secretary of Veterans (2) PROVISION OF OUTREACH SERVICES.—A re- of the Armed Forces covered by such proce- Affairs. cipient of a grant under this section shall dure for applicable benefits and services (3) DESIGNATION.—The pilot program estab- carry out programs of outreach in accord- from the Department of Veterans Affairs. lished pursuant to paragraph (1) shall be ance with paragraph (1) to members of the (3) The provision of information to mem- known as the ‘‘National Military Family Armed Forces and their families before, dur- bers of the Armed Forces covered by such Readiness and Servicemember Reintegration ing, between, and after deployment of such procedure on the benefits and services avail- Outreach Program’’ (in this section referred members of the Armed Forces. able to veterans from or through the Depart- to as ‘‘the pilot program’’). (e) SELECTION OF GRANT RECIPIENTS.— ment of Veterans Affairs. (b) GRANTS.—The Secretary shall carry out (1) APPLICATION.—An eligible entity seek- the pilot program through the award of ing a grant under the pilot program shall SA 2904. Mr. SANDERS submitted an grants to eligible entities for the provision of submit to the Secretary an application amendment intended to be proposed by outreach services to members of the Armed therefor in such form and in such manner as him to the bill H.R. 1585, to authorize Forces and their families as described in sub- the Secretary considers appropriate. appropriations for fiscal year 2008 for section (a). (2) ELEMENTS.—An application submitted under subparagraph (A) shall include such (c) ELIGIBLE ENTITIES.—For purposes of military activities of the Department elements as the Secretary considers appro- this subsection, an eligible entity is any of of Defense, for military construction, priate. the following: and for defense activities of the De- (3) PRIORITY.—In selecting eligible entities (1) An Adjutant General of a State or terri- partment of Energy, to prescribe mili- to receive grants under the pilot program, tory of the United States. the Secretary shall give priority to eligible tary personnel strengths for such fiscal (2) A medical center of a Veterans Inte- entities that propose programs with a focus year, and for other purposes; which was grated Service Network (VISN). on personal outreach to members of the ordered to lie on the table; as follows: (3) A State veterans affairs agency. Armed Forces and their families by trained At the end of subtitle H of title V, add the (4) A family support group for regular staff (with preference given to veterans and, following: members of the Armed Forces or for mem- in particular, veterans of combat) conducted SEC. 594. ELECTRONIC DISTRIBUTION OF MED- bers of the National Guard or Reserve, if in person. ICAL AND OTHER PERSONNEL such organization partners with an entity (f) FUNDING.—Of the amount authorized to RECORDS TO MEMBERS OF THE described in paragraphs (1) through (3). be appropriated by section 301(5) for oper- ARMED FORCES UPON THEIR DIS- (5) An organization recognized by the Sec- CHARGE OR RELEASE FROM THE ation and maintenance for Defense-wide ac- ARMED FORCES. retary of Veterans Affairs for the representa- tivities, $30,000,000 may be available to carry (a) IN GENERAL.—The Secretary of Defense tion of veterans under section 5902 of title 38, out this section. shall prescribe in regulations a policy, to United States Code, if such organization apply uniformly across the military depart- partners with an entity described in para- SA 2906. Mr. ISAKSON submitted an ments, for the distribution and transfer to graphs (1) through (3). amendment intended to be proposed to members of the Armed Forces of their med- (6) A State or local nonprofit organization, amendment SA 2011 proposed by Mr. ical and other personnel records in CD-ROM if such organization partners with an entity NELSON of Nebraska (for Mr. LEVIN) to or other appropriate electronic format at the described in paragraphs (1) through (3). the bill H.R. 1585, to authorize appro- following times: (d) USE OF GRANT FUNDS.— priations for fiscal year 2008 for mili- (1) Upon the discharge or release of such (1) IN GENERAL.—Recipients of grants under the pilot program shall develop programs of tary activities of the Department of members from the Armed Forces. Defense, for military construction, and (2) In the case of members of the National outreach to members of the Armed Forces Guard or Reserve, upon the deactivation or and their family members to educate such for defense activities of the Depart- demobilization of such members after a pe- members and their family members about ment of Energy, to prescribe military riod on active duty in the Armed Forces of the assistance and services available to them personnel strengths for such fiscal more than 30 days. that meet the purposes of section 1781b(b) of year, and for other purposes, which was (b) PRIVACY AND OTHER APPLICABLE RE- title 10, United States Code, as added by sec- ordered to lie on the table; as follows: QUIREMENTS.—The policy required by sub- tion 582(a) of this Act, and to assist such At the end of subtitle B of title VIII, add section (a) shall ensure the privacy, security, members and their family members in ob- the following: and protection of medical and other pertaining such assistance and services. Such SEC. 827. INAPPLICABILITY OF BERRY AMEND- sonnel records distributed and transferred assistance and services may include the fol- MENT TO PROCUREMENTS OF FIRE pursuant to the policy in a manner con- lowing: RESISTANT RAYON FIBER MANUFAC- sistent with applicable law. (A) Marriage counseling. TURED IN AUSTRIA FOR UNIFORMS. (B) Services for children. Section 2533a(f) of title 10, United States SA 2905. Mr. SANDERS submitted an (C) Suicide prevention. Code, is amended by adding at the end the amendment intended to be proposed by (D) Substance abuse awareness and treat- following new paragraph: him to the bill H.R. 1585, to authorize ment. ‘‘(3) Fire resistant rayon fiber manufac- appropriations for fiscal year 2008 for (E) Mental health awareness and treat- tured in Austria for use in the production of military activities of the Department ment. uniforms, unless fire resistant rayon fiber for such use is produced in the United States.’’. of Defense, for military construction, (F) Financial counseling. (G) Anger management counseling. and for defense activities of the De- (H) Domestic violence awareness and pre- SA 2907. Mr. ISAKSON submitted an partment of Energy, to prescribe mili- vention. amendment intended to be proposed to tary personnel strengths for such fiscal (I) Employment assistance. amendment SA 2011 proposed by Mr. year, and for other purposes, which was (J) Development of strategies for living NELSON of Nebraska (for Mr. LEVIN) to ordered to lie on the table; as follows: with a member of the Armed Forces with the bill H.R. 2585, to authorize appro- On page 114, between lines 4 and 5, insert post traumatic stress disorder or traumatic priations for fiscal year 2008 for mili- the following: brain injury. tary activities of the Department of SEC. 583. PILOT PROGRAM ON MILITARY FAMILY (K) Other services that may be appropriate Defense, for military construction, and READINESS AND SERVICEMEMBER to address the unique needs of members of for defense activities of the Depart- REINTEGRATION. the Armed Forces and their families who live (a) PILOT PROGRAM.— in rural or remote areas with respect to fam- ment of Energy, to prescribe military (1) IN GENERAL.—The Secretary of Defense ily readiness and servicemember reintegra- personnel strengths for such fiscal shall carry out a pilot program to assess the tion. year, and for other purposes; which was feasibility and advisability of providing (L) Assisting members of the Armed Forces ordered to lie on the table; as follows: grants to eligible entities to create com- and their families find and receive assistance At the end of subtitle B of title VIII, add prehensive soldier and family preparedness with military family readiness and service- the following: and reintegration outreach programs for member reintegration, including referral SEC. 827. FIRE RESISTANT RAYON FIBER FOR members of the Armed Forces and their fam- services. UNIFORMS FROM FOREIGN ilies to further the purposes described in sec- (M) Development of strategies and pro- SOURCES. tion 1781b(b) of title 10, United States Code, grams that recognize the need for long-term (a) AUTHORIZED SOURCES.—Chapter 141 of as added by section 582(a) of this Act. follow-up services for reintegrating members title 10, United States Code, as amended by (2) COORDINATION.—In carrying out the of the Armed Forces and their families for section 826 of this Act, is further amended by pilot program, the Secretary shall— extended periods following deployments, in- adding at the end the following: (A) coordinate with the Department of De- cluding between deployments. ‘‘§ 2410r. Foreign manufactured fire resistant fense Military Family Readiness Council (es- (N) Assisting members of the Armed rayon fiber for uniforms: procurement tablished under section 1781a of title, United Forces and their families in receiving serv- ‘‘(a) AUTHORITY.—The Secretary of Defense States Code, as added by section 581 of this ices and assistance from the Department of may procure fire resistant rayon fiber manu- Act); and Veterans Affairs, including referral services. factured in a foreign country referred to in

VerDate Mar 15 2010 22:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18SE7.REC S18SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11676 CONGRESSIONAL RECORD — SENATE September 18, 2007 subsection (b) for use in the production of ery systems for different benefits consistent lowing plan year, and such exemption shall uniforms. with subsection (a); apply to the plan (or coverage) for 1 plan ‘‘(b) FOREIGN COUNTRIES COVERED.—The au- ‘‘(2) managing the provision of mental year. An employer may elect to continue to thority under subsection (a) applies with re- health benefits in order to provide medically apply mental health parity pursuant to this spect to a foreign country that— necessary services for covered benefits, in- section with respect to the group health plan ‘‘(1) is a party to a defense memorandum of cluding through the use of any utilization re- (or coverage) involved regardless of any in- understanding entered into under section view, authorization or management prac- crease in total costs. 2531 of this title; and tices, the application of medical necessity ‘‘(2) APPLICABLE PERCENTAGE.—With re- ‘‘(2) permits United States firms that man- and appropriateness criteria applicable to spect to a plan (or coverage), the applicable ufacture fire resistant rayon fiber to com- behavioral health, and the contracting with percentage described in this paragraph shall pete with foreign firms for the sale of fire re- and use of a network of providers; and be— sistant rayon fiber in that country, as deter- ‘‘(3) applying the provisions of this section ‘‘(A) 2 percent in the case of the first plan mined by the Secretary of Defense. in a manner that takes into consideration year in which this section is applied; and ‘‘(c) APPLICABILITY TO SUBCONTRACTS.—The similar treatment settings or similar treat- ‘‘(B) 1 percent in the case of each subse- authority under subsection (a) applies with ments. quent plan year. respect to subcontracts under Department of ‘‘(c) IN- AND OUT-OF-NETWORK.—In the case ‘‘(3) DETERMINATIONS BY ACTUARIES.—De- Defense contracts as well as to such con- of a group health plan (or health insurance terminations as to increases in actual costs tracts. coverage offered in connection with such a under a plan (or coverage) for purposes of ‘‘(d) DEFINITIONS.—In this section, the plan) that provides both medical and sur- this section shall be made and certified by a terms ‘United States firm’ and ‘foreign firm’ gical benefits and mental health benefits, qualified and licensed actuary who is a mem- have the meanings given such terms in sec- and that provides such benefits on both an ber in good standing of the American Acad- tion 2532(d) of this title.’’. in- and out-of-network basis pursuant to the emy of Actuaries. All such determinations (b) CLERICAL AMENDMENT.—The table of terms of the plan (or coverage), such plan (or shall be in a written report prepared by the sections at the beginning of such chapter, as coverage) shall ensure that the requirements actuary. The report, and all underlying docu- so amended, is further amended by adding at of this section are applied to both in- and mentation relied upon by the actuary, shall the end the following new item: out-of-network services by comparing in-net- be maintained by the group health plan or ‘‘2410r. Foreign manufactured fire resistant work medical and surgical benefits to in-net- health insurance issuer for a period of 6 rayon fiber for uniforms: pro- work mental health benefits and out-of-net- years following the notification made under curement’’. work medical and surgical benefits to out-of- paragraph (6). network mental health benefits. ‘‘(4) 6-MONTH DETERMINATIONS.—If a group ‘‘(d) SMALL EMPLOYER EXEMPTION.— SA 2908. Mr. REID (for Mr. DOMENICI health plan (or a health insurance issuer of- ‘‘(1) IN GENERAL.—Except as provided in fering coverage in connection with a group (for himself and Mr. KENNEDY)) pro- paragraph (2), this section shall not apply to posed an amendment to the bill S. 558, health plan) seeks an exemption under this any group health plan (or group health in- subsection, determinations under paragraph to provide parity between health insur- surance coverage offered in connection with (1) shall be made after such plan (or cov- ance coverage of mental health bene- a group health plan) for any plan year of any erage) has complied with this section for the fits and benefits for medical and sur- employer who employed an average of at first 6 months of the plan year involved. gical services; as follows: least 2 (or 1 in the case of an employer resid- ‘‘(5) NOTIFICATION.—An election to modify Strike all after the enacting clause and in- ing in a State that permits small groups to coverage of mental health benefits as per- sert the following: include a single individual) but not more mitted under this subsection shall be treated than 50 employees on business days during as a material modification in the terms of SECTION 1. SHORT TITLE. the preceding calendar year. This Act may be cited as the ‘‘Mental the plan as described in section 102(a) and ‘‘(2) NO PREEMPTION OF CERTAIN STATE shall be subject to the applicable notice re- Health Parity Act of 2007’’. LAWS.—Nothing in paragraph (1) shall be con- quirements under section 104(b)(1). SEC. 2. MENTAL HEALTH PARITY. strued to preempt any State insurance law ‘‘(6) NOTIFICATION TO APPROPRIATE AGEN- (a) AMENDMENTS OF ERISA.—Subpart B of relating to employers in the State who em- CY.— part 7 of title I of the Employee Retirement ployed an average of at least 2 (or 1 in the ‘‘(A) IN GENERAL.—A group health plan (or Income Security Act of 1974 is amended by case of an employer residing in a State that a health insurance issuer offering coverage inserting after section 712 (29 U.S.C. 1185a) permits small groups to include a single in- in connection with a group health plan) that, the following: dividual) but not more than 50 employees on based upon a certification described under ‘‘SEC. 712A. MENTAL HEALTH PARITY. business days during the preceding calendar paragraph (3), qualifies for an exemption ‘‘(a) IN GENERAL.—In the case of a group year. under this subsection, and elects to imple- health plan (or health insurance coverage of- ‘‘(3) APPLICATION OF CERTAIN RULES IN DE- ment the exemption, shall notify the Depart- fered in connection with such a plan) that TERMINATION OF EMPLOYER SIZE.—For pur- ment of Labor or the Department of Health provides both medical and surgical benefits poses of this subsection: and Human Services, as appropriate, of such and mental health benefits, such plan or cov- ‘‘(A) APPLICATION OF AGGREGATION RULE election. erage shall ensure that— FOR EMPLOYERS.—Rules similar to the rules ‘‘(B) REQUIREMENT.—A notification under ‘‘(1) the financial requirements applicable under subsections (b), (c), (m), and (o) of sec- subparagraph (A) shall include— to such mental health benefits are no more tion 414 of the Internal Revenue Code of 1986 ‘‘(i) a description of the number of covered restrictive than the financial requirements shall apply for purposes of treating persons lives under the plan (or coverage) involved at applied to substantially all medical and sur- as a single employer. the time of the notification, and as applica- gical benefits covered by the plan (or cov- ‘‘(B) EMPLOYERS NOT IN EXISTENCE IN PRE- ble, at the time of any prior election of the erage), including deductibles, copayments, CEDING YEAR.—In the case of an employer cost-exemption under this subsection by coinsurance, out-of-pocket expenses, and an- which was not in existence throughout the such plan (or coverage); nual and lifetime limits, except that the preceding calendar year, the determination ‘‘(ii) for both the plan year upon which a plan (or coverage) may not establish sepa- of whether such employer is a small em- cost exemption is sought and the year prior, rate cost sharing requirements that are ap- ployer shall be based on the average number a description of the actual total costs of cov- plicable only with respect to mental health of employees that it is reasonably expected erage with respect to medical and surgical benefits; and such employer will employ on business days benefits and mental health benefits under ‘‘(2) the treatment limitations applicable in the current calendar year. the plan; and to such mental health benefits are no more ‘‘(C) PREDECESSORS.—Any reference in this ‘‘(iii) for both the plan year upon which a restrictive than the treatment limitations paragraph to an employer shall include a ref- cost exemption is sought and the year prior, applied to substantially all medical and sur- erence to any predecessor of such employer. the actual total costs of coverage with re- gical benefits covered by the plan (or cov- ‘‘(e) COST EXEMPTION.— spect to mental health benefits under the erage), including limits on the frequency of ‘‘(1) IN GENERAL.—With respect to a group plan. treatment, number of visits, days of cov- health plan (or health insurance coverage of- ‘‘(C) CONFIDENTIALITY.—A notification erage, or other similar limits on the scope or fered in connections with such a plan), if the under subparagraph (A) shall be confidential. duration of treatment. application of this section to such plan (or The Department of Labor and the Depart- ‘‘(b) CLARIFICATIONS.—In the case of a coverage) results in an increase for the plan ment of Health and Human Services shall group health plan (or health insurance cov- year involved of the actual total costs of make available, upon request and on not erage offered in connection with such a plan) coverage with respect to medical and sur- more than an annual basis, an anonymous that provides both medical and surgical ben- gical benefits and mental health benefits itemization of such notifications, that in- efits and mental health benefits, and com- under the plan (as determined and certified cludes— plies with the requirements of subsection (a), under paragraph (3)) by an amount that ex- ‘‘(i) a breakdown of States by the size and such plan or coverage shall not be prohibited ceeds the applicable percentage described in type of employers submitting such notifica- from— paragraph (2) of the actual total plan costs, tion; and ‘‘(1) negotiating separate reimbursement the provisions of this section shall not apply ‘‘(ii) a summary of the data received under or provider payment rates and service deliv- to such plan (or coverage) during the fol- subparagraph (B).

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‘‘(7) AUDITS BY APPROPRIATE AGENCIES.—To and that provides such benefits on both an ber in good standing of the American Acad- determine compliance with this subsection, in- and out-of-network basis pursuant to the emy of Actuaries. All such determinations the Department of Labor and the Depart- terms of the plan (or coverage), such plan (or shall be in a written report prepared by the ment of Health and Human Services, as ap- coverage) shall ensure that the requirements actuary. The report, and all underlying docu- propriate, may audit the books and records of this section are applied to both in- and mentation relied upon by the actuary, shall of a group health plan or health insurance out-of-network services by comparing in-net- be maintained by the group health plan or issuer relating to an exemption, including work medical and surgical benefits to in-net- health insurance issuer for a period of 6 any actuarial reports prepared pursuant to work mental health benefits and out-of-net- years following the notification made under paragraph (3), during the 6 year period fol- work medical and surgical benefits to out-of- paragraph (6). lowing the notification of such exemption network mental health benefits. ‘‘(4) 6-MONTH DETERMINATIONS.—If a group ‘‘(d) SMALL EMPLOYER EXEMPTION.— under paragraph (6). A State agency receiv- health plan (or a health insurance issuer of- ‘‘(1) IN GENERAL.—Except as provided in ing a notification under paragraph (6) may fering coverage in connection with a group paragraph (2), this section shall not apply to also conduct such an audit with respect to an health plan) seeks an exemption under this any group health plan (or group health in- exemption covered by such notification. subsection, determinations under paragraph surance coverage offered in connection with ‘‘(f) MENTAL HEALTH BENEFITS.—In this (1) shall be made after such plan (or cov- section, the term ‘mental health benefits’ a group health plan) for any plan year of any employer who employed an average of at erage) has complied with this section for the means benefits with respect to mental health first 6 months of the plan year involved. services (including substance use disorder least 2 (or 1 in the case of an employer residing in a State that permits small groups to ‘‘(5) NOTIFICATION.—An election to modify treatment) as defined under the terms of the coverage of mental health benefits as per- group health plan or coverage, and when ap- include a single individual) but not more than 50 employees on business days during mitted under this subsection shall be treated plicable as may be defined under State law the preceding calendar year. as a material modification in the terms of when applicable to health insurance cov- ‘‘(2) NO PREEMPTION OF CERTAIN STATE the plan as described in section 102(a) of the erage offered in connection with a group LAWS.—Nothing in paragraph (1) shall be con- Employee Retirement Income Security Act health plan.’’. strued to preempt any State insurance law of 1974 and shall be subject to the applicable (b) PUBLIC HEALTH SERVICE ACT.—Subpart relating to employers in the State who em- notice requirements under section 104(b)(1) 2 of part A of title XXVII of the Public ployed an average of at least 2 (or 1 in the of such Act. Health Service Act is amended by inserting case of an employer residing in a State that ‘‘(6) NOTIFICATION TO APPROPRIATE AGEN- after section 2705 (42 U.S.C. 300gg-5) the fol- permits small groups to include a single in- CY.— lowing: dividual) but not more than 50 employees on ‘‘(A) IN GENERAL.—A group health plan (or ‘‘SEC. 2705A. MENTAL HEALTH PARITY. business days during the preceding calendar a health insurance issuer offering coverage ‘‘(a) IN GENERAL.—In the case of a group year. in connection with a group health plan) that, health plan (or health insurance coverage of- ‘‘(3) APPLICATION OF CERTAIN RULES IN DE- based upon a certification described under fered in connection with such a plan) that TERMINATION OF EMPLOYER SIZE.—For pur- paragraph (3), qualifies for an exemption provides both medical and surgical benefits poses of this subsection: under this subsection, and elects to imple- and mental health benefits, such plan or cov- ‘‘(A) APPLICATION OF AGGREGATION RULE ment the exemption, shall notify the Depart- erage shall ensure that— FOR EMPLOYERS.—Rules similar to the rules ment of Labor or the Department of Health ‘‘(1) the financial requirements applicable under subsections (b), (c), (m), and (o) of sec- and Human Services, as appropriate, of such to such mental health benefits are no more tion 414 of the Internal Revenue Code of 1986 election. A health insurance issuer providing restrictive than the financial requirements shall apply for purposes of treating persons health insurance coverage in connection applied to substantially all medical and sur- as a single employer. with a group health plan shall provide a copy gical benefits covered by the plan (or cov- ‘‘(B) EMPLOYERS NOT IN EXISTENCE IN PRE- of such notice to the State insurance depart- erage), including deductibles, copayments, CEDING YEAR.—In the case of an employer ment or other State agency responsible for coinsurance, out-of-pocket expenses, and an- which was not in existence throughout the regulating the terms of such coverage. nual and lifetime limits, except that the preceding calendar year, the determination ‘‘(B) REQUIREMENT.—A notification under plan (or coverage) may not establish sepa- of whether such employer is a small em- subparagraph (A) shall include— rate cost sharing requirements that are ap- ployer shall be based on the average number ‘‘(i) a description of the number of covered plicable only with respect to mental health of employees that it is reasonably expected lives under the plan (or coverage) involved at benefits; and such employer will employ on business days the time of the notification, and as applica- ‘‘(2) the treatment limitations applicable in the current calendar year. ble, at the time of any prior election of the to such mental health benefits are no more ‘‘(C) PREDECESSORS.—Any reference in this cost-exemption under this subsection by restrictive than the treatment limitations paragraph to an employer shall include a ref- such plan (or coverage); applied to substantially all medical and sur- erence to any predecessor of such employer. ‘‘(ii) for both the plan year upon which a gical benefits covered by the plan (or cov- ‘‘(e) COST EXEMPTION.— cost exemption is sought and the year prior, erage), including limits on the frequency of ‘‘(1) IN GENERAL.—With respect to a group a description of the actual total costs of cov- treatment, number of visits, days of cov- health plan (or health insurance coverage of- erage with respect to medical and surgical erage, or other similar limits on the scope or fered in connection with such a plan), if the benefits and mental health benefits under duration of treatment. application of this section to such plan (or the plan; and ‘‘(b) CLARIFICATIONS.—In the case of a coverage) results in an increase for the plan ‘‘(iii) for both the plan year upon which a group health plan (or health insurance cov- year involved of the actual total costs of cost exemption is sought and the year prior, erage offered in connection with such a plan) coverage with respect to medical and sur- the actual total costs of coverage with re- that provides both medical and surgical ben- gical benefits and mental health benefits spect to mental health benefits under the efits and mental health benefits, and com- under the plan (as determined and certified plan. plies with the requirements of subsection (a), under paragraph (3)) by an amount that ex- ‘‘(C) CONFIDENTIALITY.—A notification such plan or coverage shall not be prohibited ceeds the applicable percentage described in under subparagraph (A) shall be confidential. from— paragraph (2) of the actual total plan costs, The Department of Labor and the Depart- ‘‘(1) negotiating separate reimbursement the provisions of this section shall not apply ment of Health and Human Services shall or provider payment rates and service deliv- to such plan (or coverage) during the fol- make available, upon request and on not ery systems for different benefits consistent lowing plan year, and such exemption shall more than an annual basis, an anonymous with subsection (a); apply to the plan (or coverage) for 1 plan itemization of such notifications, that in- ‘‘(2) managing the provision of mental year. An employer may elect to continue to cludes— health benefits in order to provide medically apply mental health parity pursuant to this ‘‘(i) a breakdown of States by the size and necessary services for covered benefits, in- section with respect to the group health plan type of employers submitting such notifica- cluding through the use of any utilization re- (or coverage) involved regardless of any in- tion; and view, authorization or management prac- crease in total costs. ‘‘(ii) a summary of the data received under tices, the application of medical necessity ‘‘(2) APPLICABLE PERCENTAGE.—With re- subparagraph (B). and appropriateness criteria applicable to spect to a plan (or coverage), the applicable ‘‘(7) AUDITS BY APPROPRIATE AGENCIES.—To behavioral health, and the contracting with percentage described in this paragraph shall determine compliance with this subsection, and use of a network of providers; and be— the Department of Labor and the Depart- ‘‘(3) applying the provisions of this section ‘‘(A) 2 percent in the case of the first plan ment of Health and Human Services, as ap- in a manner that takes into consideration year in which this section is applied; and propriate, may audit the books and records similar treatment settings or similar treat- ‘‘(B) 1 percent in the case of each subse- of a group health plan or health insurance ments. quent plan year. issuer relating to an exemption, including ‘‘(c) IN- AND OUT-OF-NETWORK.—In the case ‘‘(3) DETERMINATIONS BY ACTUARIES.—De- any actuarial reports prepared pursuant to of a group health plan (or health insurance terminations as to increases in actual costs paragraph (3), during the 6 year period fol- coverage offered in connection with such a under a plan (or coverage) for purposes of lowing the notification of such exemption plan) that provides both medical and sur- this section shall be made and certified by a under paragraph (6). A State agency receiv- gical benefits and mental health benefits, qualified and licensed actuary who is a mem- ing a notification under paragraph (6) may

VerDate Mar 15 2010 22:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18SE7.REC S18SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11678 CONGRESSIONAL RECORD — SENATE September 18, 2007 also conduct such an audit with respect to an impact on State mental health benefit man- by invitation only. However, those exemption covered by such notification. date laws, other impact on the business com- wishing to submit written testimony ‘‘(f) MENTAL HEALTH BENEFITS.—In this munity and the Federal Government, and for the hearing record should send it to section, the term ‘mental health benefits’ other issues as determined appropriate by the Committee on Energy and Natural means benefits with respect to mental health the Comptroller General. Resources, United States Senate, services (including substance use disorder (2) REPORT.—Not later than 2 years after treatment) as defined under the terms of the the date of enactment of this Act, the Comp- Washington, DC 20510–6150, or by e-mail group health plan or coverage, and when ap- troller General shall prepare and submit to to [email protected]. plicable as may be defined under State law the appropriate committees of Congress a re- gov. when applicable to health insurance cov- port containing the results of the study con- For further information, please con- erage offered in connection with a group ducted under paragraph (1). tact David Brooks at (202) 224–9863 or health plan.’’. (d) REGULATIONS.—Not later than 1 year Rachel Pasternack at (202) 224–0883. after the date of enactment of this Act, the SEC. 3. EFFECTIVE DATE. f (a) IN GENERAL.—The provisions of this Act Secretary of Labor and the Secretary of shall apply to group health plans (or health Health and Human Services shall jointly pro- AUTHORITY FOR COMMITTEES TO insurance coverage offered in connection mulgate final regulations to carry out this MEET Act. with such plans) beginning in the first plan COMMITTEE ON COMMERCE, SCIENCE, AND f year that begins on or after January 1 of the TRANSPORTATION first calendar year that begins more than 1 NOTICE OF HEARING Mr. AKAKA. Mr. President, I ask year after the date of the enactment of this Act. SUBCOMMITTEE ON NATIONAL PARKS unanimous consent that the Com- (b) TERMINATION OF CERTAIN PROVISIONS.— Mr. BINGAMAN. Mr. President, I mittee on Commerce, Science, and (1) ERISA.—Section 712 of the Employee would like to announce for the infor- Transportation be authorized to hold a Retirement Income Security Act of 1974 (29 mation of the Senate and the public hearing during the session of the Sen- U.S.C. 1185a) is amended by striking sub- that a hearing has been scheduled be- ate on Tuesday, September 18, 2007, at section (f) and inserting the following: fore the Committee on Energy and Nat- 10 a.m., in room 253 of the Russell Sen- ‘‘(f) SUNSET.—This section shall not apply ural Resources, Subcommittee on Na- ate Office Building. to benefits for services furnished after the ef- The hearing will focus on the Na- fective date described in section 3(a) of the tional Parks. The hearing will be held on Sep- tional Football League Retirement Mental Health Parity Act of 2007.’’. System and the current compensation (2) PHSA.—Section 2705 of the Public tember 27, 2007, at 2:30 p.m. in room Health Service Act (42 U.S.C. 300gg-5) is SD–366 of the Dirksen Senate Office system for NFL retirees with claims of amended by striking subsection (f) and in- Building. advanced injuries that became sympto- serting the following: The purpose of this hearing will be to matic after retiring from the NFL. ‘‘(f) SUNSET.—This section shall not apply receive testimony on the following The PRESIDING OFFICER. Without to benefits for services furnished after the ef- bills: S. 128, to amend the Cache La objection, it is so ordered. fective date described in section 3(a) of the Poudre River Corridor Act to designate COMMITTEE ON FINANCE Mental Health Parity Act of 2007.’’. a new management entity, make cer- Mr. AKAKA. Mr. President, I ask SEC. 4. FEDERAL ADMINISTRATIVE RESPON- tain technical and conforming amend- unanimous consent that the Com- SIBILITIES. ments, enhance private property pro- mittee on Finance be authorized to (a) GROUP HEALTH PLAN OMBUDSMAN.— tections, and for other purposes; S. 148, meet during the session of the Senate (1) DEPARTMENT OF LABOR.—The Secretary of Labor shall designate an individual within to establish the Paterson Great Falls on Tuesday, September 18, 2007, at 10 the Department of Labor to serve as the National Park in the State of New Jer- a.m., in room 215 of the Dirksen Senate group health plan ombudsman for the De- sey, and for other purposes; S. 189, to Office Building, to hear testimony on partment. Such ombudsman shall serve as an decrease the matching funds require- ‘‘Breaking the Methamphetamine Sup- initial point of contact to permit individuals ment and authorize additional appro- ply Chain: Meeting Challenges at the to obtain information and provide assistance priations for Keweenaw National His- Border.’’ concerning coverage of mental health serv- torical Park in the State of Michigan; The PRESIDING OFFICER. Without ices under group health plans in accordance S. 697, to establish the Steel Industry objection, it is so ordered. with this Act. National Historic Site in the State of COMMITTEE ON FOREIGN RELATIONS (2) DEPARTMENT OF HEALTH AND HUMAN Pennsylvania; S. 867, to adjust the SERVICES.—The Secretary of Health and Mr. AKAKA. Mr. President, I ask Human Services shall designate an indi- boundary of Lowell National Historical unanimous consent that the Com- vidual within the Department of Health and Park, and for other purposes; S. 1341, to mittee on Foreign Relations be author- Human Services to serve as the group health provide for the exchange of certain Bu- ized to meet during the session of the plan ombudsman for the Department. Such reau of Land Management land in Pima Senate on Tuesday, September 18, 2007, ombudsman shall serve as an initial point of County, Arizona, and for other pur- at 2:30 p.m., to hold a nomination hear- contact to permit individuals to obtain in- poses; S. 1476, to authorize the Sec- ing. formation and provide assistance concerning retary of the Interior to conduct a spe- The PRESIDING OFFICER. Without coverage of mental health services under cial resources study of the Tule Lake objection, it is so ordered. health insurance coverage issued in connection with group health plans in accordance Segregation Center in Modoc County, COMMITTEE ON THE JUDICIARY with this Act. California, to determine the suitability Mr. AKAKA. Mr. President, I ask (b) AUDITS.—The Secretary of Labor and and feasibility of establishing a unit of unanimous consent that the Senate the Secretary of Health and Human Services the National Park System; S. 1709 and Committee on the Judiciary be author- shall each provide for the conduct of random H.R. 1239, to amend the National Un- ized to meet to conduct a hearing enti- audits of group health plans (and health in- derground Railroad Network to Free- tled ‘‘Examining Approaches to Cor- surance coverage offered in connection with dom Act of 1998 to provide additional porate Fraud Prosecutions and the At- such plans) to ensure that such plans are in staff and oversight of funds to carry torney-Client Privilege Under the compliance with this Act (and the amend- out the Act, and for other purposes; S. ments made by this Act). McNulty Memorandum’’ on Tuesday, (c) GOVERNMENT ACCOUNTABILITY OFFICE 1808, to authorize the exchange of cer- September 18, 2007 at 10:30 a.m., in the STUDY.— tain land in Denali National Park in Dirksen Senate Office Building, room (1) STUDY.—The Comptroller General shall the State of Alaska; S. 1969, to author- 226. conduct a study that evaluates the effect of ize the Secretary of the Interior to con- the implementation of the amendments duct a special resource study to deter- Witness list made by this Act on the cost of health insur- mine the suitability and feasibility of Panel I: Karin Immergut, United ance coverage, access to health insurance designating Estate Grange and other States Attorney, District of Oregon, coverage (including the availability of in- sites related to Alexander Hamilton’s U.S. Department of Justice, Chair; and network providers), the quality of health life on the island of St. Croix in the White Collar Subcommittee for the At- care, the impact on benefits and coverage for mental health and substance use disorders, United States Virgin Islands as a unit torney General’s Advisory Committee, the impact of any additional cost or savings of the National Park System, and for Portland, Oregon. to the plan, the impact on out-of-network other purposes. Panel II: Dick Thornburgh, Of Coun- coverage for mental health benefits (includ- Because of the limited time available sel, K&L Gates, Washington, DC; Dan- ing substance use disorder treatment), the for the hearing, witnesses may testify iel Richman, Professor, Columbia Law

VerDate Mar 15 2010 22:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18SE7.REC S18SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 18, 2007 CONGRESSIONAL RECORD — SENATE S11679 School, New York, NY; Michael Seigel, ‘‘(2) managing the provision of mental health ‘‘(A) 2 percent in the case of the first plan Professor, University of Florida Levin benefits in order to provide medically necessary year in which this section is applied; and College of Law, Gainesville, FL; and services for covered benefits, including through ‘‘(B) 1 percent in the case of each subsequent Andrew Weissmann, Partner, Jenner & the use of any utilization review, authorization plan year. or management practices, the application of ‘‘(3) DETERMINATIONS BY ACTUARIES.—Deter- Block, New York, NY. medical necessity and appropriateness criteria minations as to increases in actual costs under The PRESIDING OFFICER. Without applicable to behavioral health, and the con- a plan (or coverage) for purposes of this section objection, it is so ordered. tracting with and use of a network of providers; shall be made by a qualified actuary who is a SELECT COMMITTEE ON INTELLIGENCE or member in good standing of the American Acad- Mr. AKAKA. Mr. President, I ask ‘‘(3) applying the provisions of this section in emy of Actuaries. Such determinations shall be unanimous consent that the Select a manner that takes into consideration similar certified by the actuary and be made available treatment settings or similar treatments. to the general public. Committee on Intelligence be author- ‘‘(c) IN- AND OUT-OF-NETWORK.— ‘‘(4) 6-MONTH DETERMINATIONS.—If a group ized to meet during the session of the ‘‘(1) IN GENERAL.—In the case of a group health plan (or a health insurance issuer offer- Senate on September 18, 2007, at 2:30 health plan (or health insurance coverage of- ing coverage in connections with a group health p.m., to hold a closed business meeting. fered in connection with such a plan) that pro- plan) seeks an exemption under this subsection, The PRESIDING OFFICER. Without vides both medical and surgical benefits and determinations under paragraph (1) shall be objection, it is so ordered. mental health benefits, and that provides such made after such plan (or coverage) has complied benefits on both an in- and out-of-network basis with this section for the first 6 months of the f pursuant to the terms of the plan (or coverage), plan year involved. MENTAL HEALTH PARITY ACT OF such plan (or coverage) shall ensure that the re- ‘‘(5) NOTIFICATION.—An election to modify 2007 quirements of this section are applied to both in- coverage of mental health benefits as permitted and out-of-network services by comparing in- under this subsection shall be treated as a mate- Mr. REID. I ask unanimous consent network medical and surgical benefits to in-net- rial modification in the terms of the plan as de- that the Senate proceed to the consid- work mental health benefits and out-of-network scribed in section 102(a)(1) and shall be subject eration of Calendar No. 93, S. 558. medical and surgical benefits to out-of-network to the applicable notice requirements under sec- The PRESIDING OFFICER. The mental health benefits. tion 104(b)(1). clerk will report the bill by title. ‘‘(2) CLARIFICATION.—Nothing in paragraph ‘‘(f) RULE OF CONSTRUCTION.—Nothing in this The legislative clerk read as follows: (1) shall be construed as requiring that a group section shall be construed to require a group health plan (or coverage in connection with health plan (or health insurance coverage of- A bill (S. 558) to provide parity between such a plan) eliminate, reduce, or provide out- fered in connection with such a plan) to provide health insurance coverage of mental health of-network coverage with respect to such plan any mental health benefits. benefits and benefits for medical and sur- (or coverage). ‘‘(g) MENTAL HEALTH BENEFITS.—In this sec- gical services. ‘‘(d) SMALL EMPLOYER EXEMPTION.— tion, the term ‘mental health benefits’ means There being no objection, the Senate ‘‘(1) IN GENERAL.—This section shall not apply benefits with respect to mental health services proceeded to consider the bill, which to any group health plan (and group health in- (including substance abuse treatment) as de- had been reported from the Committee surance coverage offered in connection with a fined under the terms of the group health plan group health plan) for any plan year of any em- on Health, Education, Labor and Pen- or coverage.’’. ployer who employed an average of at least 2 (or (b) PUBLIC HEALTH SERVICE ACT.—Subpart 2 sions with an amendment to strike all 1 in the case of an employer residing in a State after the enacting clause and insert in of part A of title XXVII of the Public Health that permits small groups to include a single in- Service Act is amended by inserting after section lieu thereof the following: dividual) but not more than 50 employees on 2705 (42 U.S.C. 300gg-5) the following: SECTION 1. SHORT TITLE. business days during the preceding calendar ‘‘SEC. 2705A. MENTAL HEALTH PARITY. This Act may be cited as the ‘‘Mental Health year. ‘‘(a) IN GENERAL.—In the case of a group Parity Act of 2007’’. ‘‘(2) APPLICATION OF CERTAIN RULES IN DETER- MINATION OF EMPLOYER SIZE.—For purposes of health plan (or health insurance coverage of- SEC. 2. MENTAL HEALTH PARITY. this subsection: fered in connection with such a plan) that pro- (a) AMENDMENTS OF ERISA.—Subpart B of ‘‘(A) APPLICATION OF AGGREGATION RULE FOR vides both medical and surgical benefits and part 7 of title I of the Employee Retirement In- EMPLOYERS.—Rules similar to the rules under mental health benefits, such plan or coverage come Security Act of 1974 is amended by insert- subsections (b), (c), (m), and (o) of section 414 of shall ensure that— ing after section 712 (29 U.S.C. 1185a) the fol- the Internal Revenue Code of 1986 shall apply ‘‘(1) the financial requirements applicable to lowing: for purposes of treating persons as a single em- such mental health benefits are no more restric- ‘‘SEC. 712A. MENTAL HEALTH PARITY. ployer. tive than the financial requirements applied to ‘‘(a) IN GENERAL.—In the case of a group ‘‘(B) EMPLOYERS NOT IN EXISTENCE IN PRE- substantially all medical and surgical benefits health plan (or health insurance coverage of- CEDING YEAR.—In the case of an employer which covered by the plan (or coverage), including fered in connection with such a plan) that pro- was not in existence throughout the preceding deductibles, copayments, coinsurance, out-of- vides both medical and surgical benefits and calendar year, the determination of whether pocket expenses, and annual and lifetime limits, mental health benefits, such plan or coverage such employer is a small employer shall be based except that the plan (or coverage) may not es- shall ensure that— on the average number of employees that it is tablish separate cost sharing requirements that ‘‘(1) the financial requirements applicable to reasonably expected such employer will employ are applicable only with respect to mental such mental health benefits are no more restric- on business days in the current calendar year. health benefits; and tive than the financial requirements applied to ‘‘(C) PREDECESSORS.—Any reference in this ‘‘(2) the treatment limitations applicable to substantially all medical and surgical benefits paragraph to an employer shall include a ref- such mental health benefits are no more restric- covered by the plan (or coverage), including erence to any predecessor of such employer. tive than the treatment limitations applied to deductibles, copayments, coinsurance, out-of- ‘‘(e) COST EXEMPTION.— substantially all medical and surgical benefits pocket expenses, and annual and lifetime limits, ‘‘(1) IN GENERAL.—With respect to a group covered by the plan (or coverage), including lim- except that the plan (or coverage) may not es- health plan (or health insurance coverage of- its on the frequency of treatment, number of vis- tablish separate cost sharing requirements that fered in connections with such a plan), if the its, days of coverage, or other similar limits on are applicable only with respect to mental application of this section to such plan (or cov- the scope or duration of treatment. health benefits; and erage) results in an increase for the plan year ‘‘(b) CLARIFICATIONS.—In the case of a group ‘‘(2) the treatment limitations applicable to involved of the actual total costs of coverage health plan (or health insurance coverage of- such mental health benefits are no more restric- with respect to medical and surgical benefits fered in connection with such a plan) that pro- tive than the treatment limitations applied to and mental health benefits under the plan (as vides both medical and surgical benefits and substantially all medical and surgical benefits determined and certified under paragraph (3)) mental health benefits, such plan or coverage covered by the plan (or coverage), including lim- by an amount that exceeds the applicable per- shall not be prohibited from— its on the frequency of treatment, number of vis- centage described in paragraph (2) of the actual ‘‘(1) negotiating separate reimbursement or its, days of coverage, or other similar limits on total plan costs, the provisions of this section provider payment rates and service delivery sys- the scope or duration of treatment. shall not apply to such plan (or coverage) dur- tems for different benefits consistent with sub- ‘‘(b) CLARIFICATIONS.—In the case of a group ing the following plan year, and such exemption section (a); health plan (or health insurance coverage of- shall apply to the plan (or coverage) for 1 plan ‘‘(2) managing the provision of mental health fered in connection with such a plan) that pro- year. An employer may elect to continue to benefits in order to provide medically necessary vides both medical and surgical benefits and apply mental health parity pursuant to this sec- services for covered benefits, including through mental health benefits, such plan or coverage tion with respect to the group health plan (or the use of any utilization review, authorization shall not be prohibited from— coverage) involved regardless of any increase in or management practices, the application of ‘‘(1) negotiating separate reimbursement or total costs. medical necessity and appropriateness criteria provider payment rates and service delivery sys- ‘‘(2) APPLICABLE PERCENTAGE.—With respect applicable to behavioral health, and the con- tems for different benefits consistent with sub- to a plan (or coverage), the applicable percent- tracting with and use of a network of providers; section (a); age described in this paragraph shall be— or

VerDate Mar 15 2010 22:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 6333 E:\2007SENATE\S18SE7.REC S18SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11680 CONGRESSIONAL RECORD — SENATE September 18, 2007 ‘‘(3) be prohibited from applying the provi- member in good standing of the American Acad- (2) by inserting after subsection (b), the fol- sions of this section in a manner that takes into emy of Actuaries. Such determinations shall be lowing: consideration similar treatment settings or simi- certified by the actuary and be made available ‘‘(c) SPECIAL RULE IN CASE OF MENTAL lar treatments. to the general public. HEALTH PARITY REQUIREMENTS.— ‘‘(c) IN- AND OUT-OF-NETWORK.— ‘‘(4) 6-MONTH DETERMINATIONS.—If a group ‘‘(1) IN GENERAL.—Notwithstanding any pro- ‘‘(1) IN GENERAL.—In the case of a group health plan (or a health insurance issuer offer- vision of section 514 of the Employee Retirement health plan (or health insurance coverage of- ing coverage in connections with a group health Income Security Act of 1974 to the contrary, the fered in connection with such a plan) that pro- plan) seeks an exemption under this subsection, provisions of this part relating to a group health vides both medical and surgical benefits and determinations under paragraph (1) shall be plan or a health insurance issuer offering cov- mental health benefits, and that provides such made after such plan (or coverage) has complied erage in connection with a group health plan benefits on both an in- and out-of-network basis with this section for the first 6 months of the shall supercede any provisions of State law that pursuant to the terms of the plan (or coverage), plan year involved. establishes, implements, or continues in effect such plan (or coverage) shall ensure that the re- ‘‘(5) NOTIFICATION.—An election to modify any standard or requirement which differs from quirements of this section are applied to both in- coverage of mental health benefits as permitted the specific standards or requirements contained and out-of-network services by comparing in- under this subsection shall be treated as a mate- in subsections (a), (b), (c), or (e) of section network medical and surgical benefits to in-net- rial modification in the terms of the plan as de- 2705A. work mental health benefits and out-of-network scribed in section 102(a)(1) and shall be subject ‘‘(2) CLARIFICATIONS.—Nothing in this sub- medical and surgical benefits to out-of-network to the applicable notice requirements under sec- section shall be construed to preempt State in- mental health benefits. tion 104(b)(1). surance laws relating to the individual insur- ‘‘(2) CLARIFICATION.—Nothing in paragraph ‘‘(f) RULE OF CONSTRUCTION.—Nothing in this ance market or to small employers (as such term (1) shall be construed as requiring that a group section shall be construed to require a group is defined for purposes of section 2705A(d)).’’. health plan (or coverage in connection with health plan (or health insurance coverage of- (c) EFFECTIVE DATE.—The provisions of this such a plan) eliminate, reduce, or provide out- fered in connection with such a plan) to provide section shall take effect with respect to a State, of-network coverage with respect to such plan any mental health benefits. on the date on which the provisions of section (or coverage). ‘‘(g) MENTAL HEALTH BENEFITS.—In this sec- 2 apply with respect to group health plans and ‘‘(d) SMALL EMPLOYER EXEMPTION.— tion, the term ‘mental health benefits’ means health insurance coverage offered in connection ‘‘(1) IN GENERAL.—This section shall not apply benefits with respect to mental health services with group health plans. to any group health plan (and group health in- (including substance abuse treatment) as de- SEC. 5. FEDERAL ADMINISTRATIVE RESPONSIBIL- surance coverage offered in connection with a fined under the terms of the group health plan ITIES. group health plan) for any plan year of any em- or coverage, and when applicable as may be de- (a) GROUP HEALTH PLAN OMBUDSMAN.— ployer who employed an average of at least 2 (or fined under State law when applicable to health (1) DEPARTMENT OF LABOR.—The Secretary of 1 in the case of an employer residing in a State insurance coverage offered in connection with a Labor shall designate an individual within the that permits small groups to include a single in- group health plan.’’. Department of Labor to serve as the group dividual) but not more than 50 employees on SEC. 3. EFFECTIVE DATE. health plan ombudsman for the Department. business days during the preceding calendar (a) IN GENERAL.—The provisions of this Act Such ombudsman shall serve as an initial point year. shall apply to group health plans (or health in- of contact to permit individuals to obtain infor- ‘‘(2) APPLICATION OF CERTAIN RULES IN DETER- surance coverage offered in connection with mation and provide assistance concerning cov- MINATION OF EMPLOYER SIZE.—For purposes of such plans) beginning in the first plan year that erage of mental health services under group this subsection: begins on or after January 1 of the first cal- health plans in accordance with this Act. ‘‘(A) APPLICATION OF AGGREGATION RULE FOR endar year that begins more than 1 year after (2) DEPARTMENT OF HEALTH AND HUMAN SERV- EMPLOYERS.—Rules similar to the rules under the date of the enactment of this Act. ICES.—The Secretary of Health and Human subsections (b), (c), (m), and (o) of section 414 of (b) TERMINATION OF CERTAIN PROVISIONS.— Services shall designate an individual within the Internal Revenue Code of 1986 shall apply (1) ERISA.—Section 712 of the Employee Re- the Department of Health and Human Services for purposes of treating persons as a single em- tirement Income Security Act of 1974 (29 U.S.C. to serve as the group health plan ombudsman ployer. 1185a) is amended by striking subsection (f) and for the Department. Such ombudsman shall ‘‘(B) EMPLOYERS NOT IN EXISTENCE IN PRE- inserting the following: serve as an initial point of contact to permit in- CEDING YEAR.—In the case of an employer which ‘‘(f) SUNSET.—This section shall not apply to dividuals to obtain information and provide as- was not in existence throughout the preceding benefits for services furnished after the effective sistance concerning coverage of mental health calendar year, the determination of whether date described in section 3(a) of the Mental services under health insurance coverage issued such employer is a small employer shall be based Health Parity Act of 2007.’’. in connection with group health plans in ac- on the average number of employees that it is (2) PHSA.—Section 2705 of the Public Health cordance with this Act. reasonably expected such employer will employ Service Act (42 U.S.C. 300gg-5) is amended by (b) AUDITS.—The Secretary of Labor and the on business days in the current calendar year. striking subsection (f) and inserting the fol- Secretary of Health and Human Services shall ‘‘(C) PREDECESSORS.—Any reference in this lowing: each provide for the conduct of random audits paragraph to an employer shall include a ref- ‘‘(f) SUNSET.—This section shall not apply to of group health plans (and health insurance erence to any predecessor of such employer. benefits for services furnished after the effective coverage offered in connection with such plans) ‘‘(e) COST EXEMPTION.— date described in section 3(a) of the Mental to ensure that such plans are in compliance ‘‘(1) IN GENERAL.—With respect to a group Health Parity Act of 2007.’’. with this Act (and the amendments made by this health plan (or health insurance coverage of- SEC. 4. SPECIAL PREEMPTION RULE. Act). fered in connections with such a plan), if the (a) ERISA PREEMPTION.—Section 731 of the (c) GOVERNMENT ACCOUNTABILITY OFFICE application of this section to such plan (or cov- Employee Retirement Income Security Act of STUDY.— erage) results in an increase for the plan year 1974 (29 U.S.C. 1191) is amended— (1) STUDY.—The Comptroller General shall involved of the actual total costs of coverage (1) by redesignating subsections (c) and (d) as conduct a study that evaluates the effect of the with respect to medical and surgical benefits subsections (e) and (f), respectively; and implementation of the amendments made by this and mental health benefits under the plan (as (2) by inserting after subsection (b), the fol- Act on the cost of health insurance coverage, determined and certified under paragraph (3)) lowing: access to health insurance coverage (including by an amount that exceeds the applicable per- ‘‘(c) SPECIAL RULE IN CASE OF MENTAL the availability of in-network providers), the centage described in paragraph (2) of the actual HEALTH PARITY REQUIREMENTS.— quality of health care, the impact on benefits total plan costs, the provisions of this section ‘‘(1) IN GENERAL.—Notwithstanding any pro- and coverage for mental health and substance shall not apply to such plan (or coverage) dur- vision of section 514 to the contrary, the provi- abuse, the impact of any additional cost or saving the following plan year, and such exemption sions of this part relating to a group health plan ings to the plan, the impact on out-of-network shall apply to the plan (or coverage) for 1 plan or a health insurance issuer offering coverage in coverage for mental health benefits (including year. An employer may elect to continue to connection with a group health plan shall substance abuse treatment), the impact on State apply mental health parity pursuant to this sec- supercede any provision of State law that estab- mental health benefit mandate laws, other im- tion with respect to the group health plan (or lishes, implements, or continues in effect any pact on the business community and the Federal coverage) involved regardless of any increase in standard or requirement which differs from the Government, and other issues as determined ap- total costs. specific standards or requirements contained in propriate by the Comptroller General. ‘‘(2) APPLICABLE PERCENTAGE.—With respect subsections (a), (b), (c), or (e) of section 712A. (2) REPORT.—Not later than 2 years after the to a plan (or coverage), the applicable percent- ‘‘(2) CLARIFICATIONS.—Nothing in this sub- date of enactment of this Act, the Comptroller age described in this paragraph shall be— section shall be construed to preempt State in- General shall prepare and submit to the appro- ‘‘(A) 2 percent in the case of the first plan surance laws relating to the individual insur- priate committees of Congress a report con- year in which this section is applied; and ance market or to small employers (as such term taining the results of the study conducted under ‘‘(B) 1 percent in the case of each subsequent is defined for purposes of section 712A(d)).’’. paragraph (1). plan year. (b) PHSA PREEMPTION.—Section 2723 of the (d) REGULATIONS.—Not later than 1 year after ‘‘(3) DETERMINATIONS BY ACTUARIES.—Deter- Public Health Service Act (42 U.S.C. 300gg-23) is the date of enactment of this Act, the Secretary minations as to increases in actual costs under amended— of Labor and the Secretary of Health and a plan (or coverage) for purposes of this section (1) by redesignating subsections (c) and (d) as Human Services shall jointly promulgate final shall be made by a qualified actuary who is a subsections (e) and (f), respectively; and regulations to carry out this Act.

VerDate Mar 15 2010 22:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 6333 E:\2007SENATE\S18SE7.REC S18SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 18, 2007 CONGRESSIONAL RECORD — SENATE S11681 Mr. KENNEDY. Mr. President, today and patients about the need to equalize Myers, Carmel Martin, Kelsey Phipps, is a landmark day in our nation’s coverage of physical and mental ill- Daniel Dawes, Jennie Fay, Ches Garri- struggle to achieve access to mental nesses. Some of the most forceful testi- son, and above all Connie Garner, health services for all Americans. The mony came several years ago from Lisa whose passion, counsel and commit- Mental Health Parity Act of 2007 re- Cohen, a hardworking American from ment I value so highly on this and flects a major agreement by the men- New Jersey, who suffers from both many other issues. Without her dedi- tal health community, business lead- physical and mental illnesses, and is cated guidance, we would not be at this ers, and the insurance industry to forced to pay exorbitant costs for important threshold today. guarantee that persons with mental treating her mental disorder, while My hope is that as we improve access health needs receive fair and equitable paying very little for her physical dis- to mental health services for all Amer- health insurance. Its passage will mean order. Lisa is typical of millions of icans, we will also help end the stigma dramatic new help for 113 million Americans for whom the burden of and discrimination against those with Americans who today are without men- mental illness is compounded by the mental illness. Mental illnesses are tal health care and treatment. burden of unfair discrimination. treatable and curable, and it is high Access to such care and treatment is No Americans should be denied equal time to bring relief to those who suffer one of the most important and ne- treatment for an illness because it in- from them. glected civil rights issues facing the volves the brain instead of the heart, Mr. President, I yield the floor. nation. For too long, persons living the lungs, or other parts of their body. Mr. ENZI. Mr. President, I rise to with mental disorders have suffered Mental health parity is a good invest- join my colleagues and sponsors of this discriminatory treatment at all levels ment for the Nation. The costs from legislation, Senators DOMENICI and of society. They have been forced to lost worker productivity and extra KENNEDY, for their long and tireless pay more for the services they need physical care outweigh the costs of im- work bringing us to passage of this bill and to worry about their job security if plementing parity for mental health tonight. their employer learns of their condi- treatment. This legislation is literally years, if tion. Sadly, in America today, patients Study after study has shown that not decades in the making, and reflects with biochemical problems in their liv- parity makes good financial sense. countless hours of sweat and negotia- ers receive better care and greater Mental illness imposes a huge financial tion. compassion than patients with bio- burden on the Nation. It costs us $300 With much effort and indispensable chemical problems in their brains. billion each year in treatment ex- help, we managed to bring together This bill will help end such unaccept- penses, lost worker productivity, and long-opposed advocates from the men- able discrimination. As we have seen in crime. This country can afford mental tal health advocacy, provider, em- the recent bipartisan CHIP legislation, health parity. What we can’t afford is ployer, and insurance communities no one questions the need for afford- to continue denying persons with men- around a solid, responsible, bipartisan, able treatment of physical illnesses, tal disorders the care they need. and long-overdue bill. but those who suffer from mental ill- But equal treatment of those affected Passage of this bill is a beacon exam- nesses face serious barriers in obtain- by mental illness is not just an insur- ple of what can be accomplished when ing the care they need at a cost they ance issue. It is a civil rights issue. At people roll up their sleeves and work can afford. its heart, mental health parity is a together in a bipartisan way. Like those suffering from physical question of simple justice. This legislation will bring fairness illnesses, persons with mental dis- Today is a turning point. We are fi- and relief to millions of Americans suf- orders deserve the opportunity for nally moving toward ending this fering from mental illness. The road is quality care. The failure to obtain shameful form of discrimination in our not yet over, but tonight is a tremen- treatment can mean years of shattered society—discrimination against per- dous step forward. dreams, unfulfilled potential and bro- sons with mental illness. This bill is a Mr. REID. Mr. President, Passage of ken lives. the Mental Health Parity Act of 2007 is The need is clear. One in five Ameri- true commitment by the insurance in- an important victory for individuals cans will suffer some form of mental dustry, business industry and the men- who are affected by mental illnesses. illness this year, but only a third of tal health community to bring fairness Over a decade has passed since we en- them will receive treatment. Millions and dignity to the millions of Ameri- acted the landmark 1996 mental health of our fellow citizens are unnecessarily cans who have been second class pa- parity law that was championed by my enduring the pain and sadness of seeing tients for too long. good friend, the late Senator Paul a family member, friend, or loved one The 1996 act was an important step suffer illnesses that seize the mind and towards ending health insurance dis- Wellstone, and Senator DOMENICI. Be- break the spirit. crimination against mental illness. fore his untimely death, Paul Battling mental illness is a difficult This bill takes another large step to Wellstone was a tireless and eloquent process, but discrimination against close the loopholes that remain. advocate for legislation that would persons with such illnesses is espe- We would not be here without the strengthen the 1996 law and achieve cially cruel, since the success rates for strong commitment and skillful deter- full parity in coverage between mental treatment often equal or surpass those mination of the late Senator Paul and physical illnesses. for physical conditions. According to Wellstone and Senator PETE DOMENICI. The Mental Health Parity Act of 2007 the National Institute of Mental They deserve immense credit for their is the culmination of many years of Health, clinical depression treatment bipartisan leadership on mental health work to build on and strengthen the can be 70 percent successful, and treat- parity. 1996 Mental Health Parity Act. It is a ment for schizophrenia can be 60 per- I also commend the staff, both Demo- good compromise that will ensure that cent successful. crat and Republican, who worked so plans covering mental health services Eleven years ago, a bipartisan major- long and hard on this legislation. I par- cannot provide different financial re- ity in Congress approved the original ticularly thank Carolyn Gluck of Sen- quirements or treatment limitations Mental Health Parity Act. That legis- ator REID’s office and all the Demo- than they would for medical or surgical lation was an important first step in cratic staff who worked in recent benefits. This legislation is long over- bringing attention to discriminatory weeks to help us produce the bill we due and I will continue to work to en- practices against the mentally ill, but have today. sure it is enacted as soon as possible. it did little to correct the injustices I also commend Ed Hild of Senator Mr. DODD. Mr. President, I rise in that so many Americans continue to DOMENICI’s staff and Andrew Patzman support of S. 558, the Mental Health face. This bill takes the actions needed of Senator ENZI’s staff for the many Parity Act of 2007. After many months to end the long-standing discrimina- hours they spent with my staff to nego- of negotiations, I am pleased to call tion against persons with mental ill- tiate the bill. myself a strong supporter of this legis- ness. On my staff, I especially commend lation. I thank the Chairman of the Over the years we have heard compel- several who worked so long and hard Health, Education, Labor and pensions ling testimony from experts, activists, and well on this legislation—Michael Committee and the senior Senator

VerDate Mar 15 2010 22:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18SE7.REC S18SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11682 CONGRESSIONAL RECORD — SENATE September 18, 2007 from New Mexico for working with me until the issues surrounding preemp- coverage and medical and surgical cov- and congratulate them on passage of S. tion could be resolved. Due to the hard erage. No longer will people with a 558. They and their staff have worked work and dedication of members on mental illness have their mental long hours to craft this compromise both sides of the aisle, my concerns health coverage treated differently bill. Supporters of mental health par- have been addressed and I can now sup- than their coverage for other illnesses. ity, old and new, should commend the port the legislation. That means parity between the cov- leadership of Senators KENNEDY and Specifically, the bill being passed erage of mental illnesses and other DOMENICI for their years of commit- today removed the broad preemption medical conditions like cancer, heart ment and struggle to pass expanded language entirely. The bill now relies disease, and diabetes. Federal mental health parity legisla- on the existing preemption of State No longer will people be treated dif- tion. law standard currently in the Em- ferently only because they suffer from Millions of Americans are affected by ployee Retirement Income Security a mental illness, and that means 113 mental illness. Each year, more than 50 Act and the Public Health Service Act, million people in group health plans million American adults will suffer preserving States’ laws relating to will benefit from our bill. We are here from a mental disorder. All of us know health insurance issuers. In many after years of hard work. We have a friend, a relative, a neighbor, a col- States, such issuers contract out the worked with the mental health com- league whose life has been touched by key insurance function of reviewing munity and the business and insurance mental illness, either their own or the medical claims by their insureds to groups to carefully craft a compromise illness of a loved one. Yet despite the utilization review or medical manage- bill. compelling need, under many health ment companies, which are licensed No longer will a more restrictive plans, mental health benefits are much and regulated by the states. In fact, standard be applied to mental health more limited than benefits for medical the legislation written by Chairman coverage and another more lenient or surgical care. Even though a range KENNEDY, called the Health Insurance standard be applied to medical and sur- of effective treatments exist for almost Portability and Accountability Act, gical coverage. What we are doing is a all mental disorders, those suffering HIPAA, was an innovative approach to matter of simple fairness. I believe from mental illness often face in- Federal health care reform that has that becomes even more important creased barriers to care and the stigma worked well in setting a minimum when you consider the following: 26 that underlies discriminatory practices standard of protections while allowing percent of American adults, or nearly in how we treat mental illness. These stronger State-based consumer protec- 58 million people, suffer from a are the individuals that have insur- tions. It is my understanding that the diagnosable mental disorder each year, ance. It can only be worse for those bill passed today will operate in a very and 6 percent of those adults suffer without insurance. Mental health must similar manner. from a serious mental illness. More not take a backseat to other health I thank Senators KENNEDY and than 30,000 people commit suicide each conditions. DOMENICI for entering into a colloquy year in the United States, and 16 per- My own State of Connecticut recog- with me to further clarify the intent of cent of all inmates in State and local nized the disparity between insurance this legislation. They have been open jails suffer from a mental illness. coverage for physical and mental ill- and willing to working with me since I would like to take a minute to talk ness and made significant steps to ad- the HELP Committee markup occurred about what we are doing with the pas- dress it by enacting strong mental to address the concerns I had with this sage of the Mental Health Parity Act health parity and consumer protection legislation. I would also like to ac- of 2007. The bill provides mental health laws. These laws far exceed what exists knowledge and thank the tremendous parity for about 113 million Americans currently at the Federal level and I be- work and expertise of Mila Kofman, As- who work for employers with 50 or lieve the bill being passed by the Sen- sociate Research Professor, Health Pol- more employees, ensures that 98 per- ate today will allow my State to main- icy Institute, Georgetown University. cent of businesses which provide a tain those strong laws in the future. She worked tirelessly to assist the mental health benefit do so in a man- I was an original cosponsor of the members and staff through the com- ner that is no more restrictive than the original mental health parity bill in plex issues of ERISA and preemption. coverage of medical and surgical bene- 1996 along with Senator DOMENICI and From my own State of Connecticut, I fits, and ensures health plans do not the late Senator Wellstone and have would like to thank Kevin Lembo, Vic- place more restrictive conditions on been a strong supporter of efforts to toria Veltri, and Richard Kehoe who mental health coverage than on med- strengthen that bill since it was signed worked closely with my staff to ensure ical and surgical coverage. The bill ac- into law. But the legislation the HELP that Connecticut’s strong mental complishes this by providing parity for Committee marked up last February health parity laws would be protected financial requirements like was different from what our late col- under this legislation. deductibles, copayments, and annual league Paul championed for so many The bill we are passing today will not and lifetime limits and parity for years. The legislation our committee only mean new Federal protections for treatment limitations, the number of marked up contained preemption lan- people in self-insured ERISA plans, but covered hospital days and visits. guage which was broader in scope than it will also protect workers and fami- Again, I want to thank everyone for what was in Federal mental health par- lies in States with insurance laws that their extraordinary efforts that have ity bills in the past. are stronger than the Federal ones by allowed us to achieve Senate passage of For that reason, I offered amend- allowing those State laws to remain in the Mental Health Parity Act of 2007. ments during that markup to address effect. It reflects months and years of Mr. DURBIN. Mr. President, today preemption in a way I believed would hard work and compromise. It is a vic- the Senate takes a long overdue step in have taken a major step toward pro- tory for patients who need coverage for the right direction for the health of all tecting State insurance laws and en- mental health services and I am Americans. The passage of the Mental suring that we do no harm to State- pleased to stand in support of this leg- Health Parity Act of 2007 recognizes based consumer protections through islation. the millions of people living with a passage of Federal mental health par- Mr. DOMENICI. Mr. President, I mental illness and the millions of ity. At that markup, I voiced concerns want to start by thanking my col- friends, family members, and commu- about the impact the bill would have leagues, Senators KENNEDY and ENZI, nities who support them. on States like Connecticut who have for all of their work and dedication on Mental health parity legislation sim- strong mental health parity laws, the Mental Health Parity Act of 2007. ply calls for health plans to provide strong consumer protection laws, and We would not be here this evening comparable levels of coverage for men- strong benefit mandate laws. without them and a whole host of oth- tal health services as are provided for As a result of my continued concerns ers both in and out of the Senate. traditional medical services. It doesn’t about the impact this bill would have Simply put, our legislation will en- sound like a radical proposal, yet it has on the residents of my State, I with- sure individuals with a mental illness taken years to move this legislation held cosponsorship of the legislation have parity between mental health through the Senate.

VerDate Mar 15 2010 22:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18SE7.REC S18SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 18, 2007 CONGRESSIONAL RECORD — SENATE S11683 We have made progress, though, and lion adults—suffer from a diagnosable leadership on this bill. He has fought much of the leadership on this issue mental disorder in a given year. One in for this legislation for many years, and has been provided by Senator KENNEDY seventeen Americans suffers from a se- I am grateful for his commitment to and Senator DOMENICI in recent years. rious mental illness. getting this bill passed. This legisla- We started in 1992, when my good These two Senators were fiercely de- tion represents the culmination of friend, the late Senator Paul termined to end discrimination against more than a year’s negotiations involv- Wellstone, and Senator PETE DOMENICI people with mental illness. We all lost ing lawmakers, mental health, insur- introduced the Mental Health Parity a spirited champion for mental health ance and business organizations to Act to correct the unfair burden placed on October 25, 2002, when Paul craft compromise legislation. During on American families living with men- Wellstone was in a fatal plane crash. the markup of the bill last February, tal illness without access to mental But the fight for mental health parity my colleague Senator DODD raised very health services. has lived on. Senator KENNEDY quickly important issues regarding the effects It took a while, but in 1996, the first took up the fight, and he and Senator of the preemption language in the leg- mental health parity legislation was DOMENICI have resolutely worked to islation. Since then, he was joined by enacted into law. It wasn’t a perfect strengthen common ground and sup- several other Senators, attorneys gen- bill. It fell far short of its goal in many porters who would bring us to this day, eral, and State insurance commis- respects, but it was a significant piece the day of Senate passage of the men- sioners who have voiced concerns about of legislation that acknowledged the tal health parity bill. unintended consequences of the bill. It Last year, the Senate passed a reso- longstanding bias against covering was never the intent of the bill to harm lution I submitted that marked the mental health services. or weaken State insurance laws but in Based on what we did in 1996, current fourth anniversary of Paul Wellstone’s response to concerns raised by several death. The resolution expresses the law requires insurers that offer mental of my colleagues and insurance ex- sense of the Senate that Congress health care to offer comparable benefit perts, the language pertaining to pre- should act ‘‘to provide for equal cov- caps for mental health and physical emption was stricken from the legisla- erage of mental health benefits with health. Unfortunately, that left a loop- tion. respect to health insurance cov- hole that has allowed the common Mr. DODD. I thank the chairman of erage’’—in other words, pass mental practice in which insurers set higher the HELP Committee and the distin- health parity. guished senior Senator from New Mex- deductibles, charge higher copays, and I am proud to note the Senate’s ac- ico and congratulate them on passage cover fewer services for mental health tion today. With the passage of the of S. 558, the Mental Health Parity Act. care. As a result, millions of Americans Mental Health Parity Act of 2007, we They and their staff have worked long are left without affordable mental are assuring millions of Americans hours to craft this compromise bill, health treatment. What they are left that mental illness deserves equal and I congratulate them on this vic- with is the often crushing aftermath— treatment as physical illness. We are loss of employment, poor school per- telling millions of families that help is tory for individuals with mental illness formance, poverty, and even suicide. available and that they no longer have throughout the country. Supporters of Every year since that 1996 law was to feel excluded. And most impor- mental health parity, old and new, enacted, the Senate has had a mental tantly, we are opening doors to hope should commend the leadership of Sen- health parity bill to fix this problem, and closing doors to desperation. ators DOMENICI and KENNEDY for their but to no avail. This year, for the first We may not live in a perfect world years of commitment and struggle to time in a decade, the Senate has passed but we are closer to a more perfect pass Federal mental health parity leg- a bill to address the loopholes in the union. It is in the spirit of Paul islation. mental health parity law. I commend Wellstone and—thanks to Senators I was an original cosponsor of the Senators KENNEDY and DOMENICI for KENNEDY and DOMENICI—the spirit of original mental health parity bill in their dedication to seeing this through. bipartisanship that we pass this his- 1996, along with Senator DOMENICI and I only wish that Paul Wellstone could toric piece of legislation. Senator the late Senator Wellstone, and have have lived to see this day. Wellstone was quoted as saying: been a strong supporter of efforts to Paul Wellstone was a good friend of I don’t think politics has anything to do strengthen that bill since it was signed mine and an inspiration to me and to with left, right, or center. It has to do with into law. But, as my colleagues may many others who served with him in trying to do right by the people. know, the legislation the HELP Com- the Chamber. Throughout his congres- Today, I think Paul would agree that mittee marked up last February which sional career, Paul fought tirelessly for the Senate has done right. is now before the Senate is different equal rights for all, regardless of their PREEMPTION AND PROTECTING STATE LAWS from what our late colleague Paul race, religion, socioeconomic status, or Mr. DOMENICI. Mr. President, as championed for so many years. The health status. He was a champion of someone who has worked to bring a legislation our committee marked up many causes, but no cause was more greater understanding of mental illness contained preemption language which dear, or more personal, to him than and to end all forms of discrimination was broader in scope than what was in making sure that people with mental against people who suffer from a men- Federal mental health parity bills in illness were treated fairly and with dig- tal illness, I am pleased to report that the past. For that reason, I filed nity. the Senate has passed a monumental amendments during that markup to ad- Paul Wellstone was touched person- mental health parity bill that could dress preemption in a way I believed ally by mental illness. His older broth- bring hope and greater measure of fair- would have taken a major step toward er lived and struggle with mental illness in mental health insurance care protecting State insurance laws and ness most of his life. Paul believed that coverage to as many as 113 million ensuring that we do no harm to State- for his brother, and for all Americans, Americans and nearly 500,000 New based consumer protections through mental health was as important as Mexicans. This legislation, the Mental Federal mental health parity. At that physical health. Senator PETE DOMEN- Health Parity Act of 2007, builds on the markup, I voiced concerns about the ICI, too, understands the importance of 1996 Mental Health Parity law that I impact the bill would have on States having access to mental health serv- authored with the late Senator Paul like Connecticut who have strong men- ices. His daughter also has struggled Wellstone. It is supported by more than tal health parity laws, strong con- with mental illness. 230 organizations and has been a bipar- sumer protection laws, and strong ben- Fifteen years ago, Senators tisan effort from the beginning. I efit mandate laws. Wellstone and DOMENICI brought home thank Senator KENNEDY, the chairman As a result of my continued concerns a fact that is as true today as it was of the Health, Education, Labor and about the impact this bill would have then—nearly everyone knows someone Pensions Committee, for his vision, his on the residents of my State, I with- living with a mental illness. According leadership and his support for this leg- held cosponsorship of the legislation to the National Institute of Mental islation. until the issues surrounding preemp- Health, more than one in four adults in Mr. KENNEDY. I thank the Senator tion could be resolved. I am pleased to the United States—more than 57 mil- from New Mexico for his tremendous say that because of the hard work and

VerDate Mar 15 2010 22:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18SE7.REC S18SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11684 CONGRESSIONAL RECORD — SENATE September 18, 2007 dedication of Members on both sides of pleased to voice my strong support for DEPARTMENT OF DEFENSE the aisle, my concerns have been ad- S. 558. It is a victory for patients who ANITA K. BLAIR, OF VIRGINIA, TO BE AN ASSISTANT dressed and I can now support the leg- need coverage for mental health serv- SECRETARY OF THE NAVY, VICE WILLIAM A. NAVAS, JR., RESIGNED. islation. ices. DEPARTMENT OF VETERANS AFFAIRS Mr. KENNEDY. I thank the senior Mr. REID. I ask unanimous consent that the amendment at the desk be MICHAEL W. HAGER, OF VIRGINIA, TO BE AN ASSIST- Senator from Connecticut and appre- ANT SECRETARY OF VETERANS AFFAIRS (HUMAN RE- ciate his leadership on this issue. He considered and agreed to; the com- SOURCES AND MANAGEMENT), VICE ROBERT ALLEN raised a number of important issues mittee-reported amendment, as amend- PITTMAN, RESIGNED. during the consideration of this bill. I ed, be agreed to; the motions to recon- DEPARTMENT OF LABOR believe we have addressed those consider be laid upon the table, en bloc; KEITH HALL, OF VIRGINIA, TO BE COMMISSIONER OF LABOR STATISTICS, DEPARTMENT OF LABOR, FOR A cerns in the legislation and I am the bill, as amended, be read three TERM OF FOUR YEARS, VICE KATHLEEN P. UTGOFF, pleased that he is now a strong sup- times and passed; the motion to recon- TERM EXPIRED. porter of the legislation. sider be laid upon the table; and that IN THE COAST GUARD Mr. DODD. The bill passing the Sen- any statements be printed in the THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ate today relies on the existing pre- RECORD. IN THE UNITED STATES COAST GUARD RESERVE TO THE The PRESIDING OFFICER. Without GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: emption of State law standard cur- To be rear admiral rently in ERISA and the Public Health objection, it is so ordered. Service Act, preserving States laws re- The amendment (No. 2908) was agreed REAR ADM. (LH) MICHAEL R. SEWARD, 0000 to. THE FOLLOWING NAMED OFFICERS OF THE COAST lating to health insurance issuers. In GUARD PERMANENT COMMISSIONED TEACHING STAFF (The amendment is printed in today’s many States, such issuers contract out FOR APPOINTMENT IN THE GRADE INDICATED IN THE RECORD under ‘‘Text of Amendments.’’) UNITED STATES COAST GUARD UNDER TITLE 14, U.S.C., the key insurance function of review- The committee amendment in the SECTION 188: ing medical claims by their insurers to nature of a substitute, as amended, was To be captain utilization review or medical manage- agreed to. JOSEPH E. VORBACH, 0000 ment companies, which are licensed The bill (S. 558), as amended, was or- RICHARD W. SANDERS, 0000 and regulated by the States. In fact, dered to be engrossed for a third read- To be commander the legislation written by the Senator ing, was read the third time, and DARRELL SINGLETERRY, 0000 from Massachusetts, called HIPAA, passed. To be lieutenant commander was an innovative approach to Federal Mr. REID. Mr. President, I congratu- THOMAS W. DENUCCI, 0000 health care reform that has worked so late Senators KENNEDY, ENZI, and oth- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT well in setting a minimum standard of ers who worked on this legislation for TO THE GRADE INDICATED IN THE UNITED STATES COAST GUARD RESERVES UNDER TITLE 10, U.S.C., SEC- protections while allowing stronger such a long time. They are to be com- TION 12203: State-based consumer protections. Is it mended. Senator Wellstone, I am sure, To be captain is smiling on us today. the distinguished senior Senator from JEFFREY G. ANDERSON, 0000 Massachusetts’ belief that S. 558 pre- f MICHAEL A. CICALESE, 0000 serves the States’ ability to regulate MICHAEL D. COLLINS, 0000 ORDERS FOR WEDNESDAY, DOUGLAS J. DAWSON, 0000 such companies? SERENA J. DIETRICH, 0000 Mr. KENNEDY. Yes, nothing in this SEPTEMBER 19, 2007 DALE V. FERRIERE, 0000 DAVID M. GARDNER, 0000 bill affects any State law or State reg- Mr. REID. I ask unanimous consent DOUGLAS W. HEUGEL, 0000 ulation of any company or issuer who that when the Senate completes its BRIAN H. OFFORD, 0000 KEVIN J. OLD, 0000 performs utilization review or other business today, it stand adjourned CONRAD W. ZVARA, 0000 medical management services. The until 9:30 a.m. tomorrow; that on Sep- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT changes made to the preemption sec- tember 19, following the prayer and TO THE GRADE INDICATED IN THE UNITED STATES pledge, the Journal of proceedings be COAST GUARD UNDER TITLE 14, U.S.C., SECTION 271: tion of S. 558 mean that the current To be captain HIPAA standard would apply to this approved to date, the morning hour be deemed expired, and, following the CHRISTOPHER D. ALEXANDER, 0000 legislation, just like it applies to exist- LATICIA J. ARGENTI, 0000 ing law passed in 1996. By using exist- time utilized by the two leaders, the WEBSTER D. BALDING, 0000 Senate then resume consideration of MATTHEW T. BELL, 0000 ing preemption language, we mean MELISSA BERT, 0000 only the narrowest preemption of State H.R. 1585, the Defense Department au- MELVIN W. BOUBOULIS, 0000 thorization bill, and we proceed to 60 WYMAN W. BRIGGS, 0000 laws. A minimum standard of Federal JAMES M. CASH, 0000 protection allows States to provide ad- minutes of debate prior to a vote on PAULINE F. COOK, 0000 ditional protection for their citizens. the motion to invoke cloture on THOMAS E. CRABBS, 0000 amendment No. 2022, with the time to JOHN T. DAVIS, 0000 State laws designed to regulate med- SCOTT N. DECKER, 0000 ical management or utilization review be equally divided and controlled be- JERRY D. DOHERTY, 0000 tween the leaders or their designees; THOMAS H. FARRIS, 0000 to protect plan participants are not JAMES O. FITTON, 0000 that upon the conclusion of the debate, JOHN M. FITZGERALD, 0000 preempted under the bill because they the Senate proceed to vote on the mo- PAUL E. FRANKLIN, 0000 do not ‘‘prevent the application’’ of the JOHN D. GALLAGHER, 0000 tion to invoke cloture; that Members PETER W. GAUTIER, 0000 substantive provisions of this bill. have until 10 a.m. to file any germane GLENN L. GEBELE, 0000 Mr. DODD. Is it also the under- ANTHONY R. GENTILELLA, 0000 standing of the senior Senator from second-degree amendments to amend- VERNE B. GIFFORD, 0000 ment No. 2022. NANCY R. GOODRIDGE, 0000 New Mexico that this legislation will THOMAS C. HASTINGS, 0000 The PRESIDING OFFICER. Without BEVERLY A. HAVLIK, 0000 not only mean new Federal protections objection, it is so ordered. WILLIAM G. HISHON, 0000 for people in self-insured ERISA plans, GWYN R. JOHNSON, 0000 f ERIC C. JONES, 0000 but it will also protect workers and WILLIAM G. KELLY, 0000 families in States with insurance laws ADJOURNMENT UNTIL 9:30 A.M. JOHN S. KENYON, 0000 JAMES L. KNIGHT, 0000 that are stronger than the Federal ones TOMORROW DONALD A. LACHANCE, 0000 by allowing those State laws to remain ROGER R. LAFERRIERE, 0000 Mr. REID. If there is no further busi- JOHN K. LITTLE, 0000 in effect? ness to come before the Senate, I ask GORDON A. LOEBL, 0000 Mr. DOMENICI. Yes, the senior Sen- KEVIN E. LUNDAY, 0000 unanimous consent that the Senate SEAN M. MAHONEY, 0000 ator from Connecticut is correct. stand adjourned under the previous DWIGHT T. MATHERS, 0000 Mr. DODD. I thank the Senator and order. STUART M. MERRILL, 0000 want to thank the Senator from Massa- MICHAEL A. MOHN, 0000 There being no objection, the Senate, FREDERICK G. MYER, 0000 chusetts for allowing my concerns at 6:47 p.m., adjourned until Wednes- JACK W. NIEMIEC, 0000 about preemption and protecting State JOANNA M. NUNAN, 0000 day, September 19, 2007, at 9:30 a.m. SALVATORE G. PALMERI, 0000 laws to be heard in the committee and JOHN J. PLUNKETT, 0000 f for working tirelessly with me to ad- ANTHONY POPIEL, 0000 RAYMOND W. PULVER, 0000 dress those concerns. The bill we are NOMINATIONS STEVEN J. REYNOLDS, 0000 passing reflects months and years of MARK D. RIZZO, 0000 Executive nominations received by MATTHEW T. RUCKERT, 0000 hard work and compromise, and I am the Senate: JAMES W. SEBASTIAN, 0000

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KEITH M. SMITH, 0000 ROBERT C. BOLTON, 0000 WILLIAM S. PETTI, 0000 MARC D. STEGMAN, 0000 WILLIE BRAGGS III, 0000 THOMAS POWERS, JR., 0000 GRAHAM S. STOWE, 0000 ROBERT T. BROOKS, JR., 0000 ROY V. QUALLS, 0000 ROBERT J. TARANTINO, 0000 RANDY D. BUCKNER, 0000 MARK J. RICHMAN, 0000 JOHN G. TURNER, 0000 PETER J. BYRNE, 0000 DAVID L. ROMUALD, 0000 KEITH J. TURRO, 0000 ANTHONY J. CARRELLI, 0000 MATHEW J. RULAND, 0000 ANTHONY J. VOGT, 0000 CHARLES W. CHAPPUIS, 0000 CHRIS K. SAKAMOTO, 0000 SAMUEL WALKER, 0000 JOEL A. CLARK, 0000 LEIGH A. SCARBORO, 0000 ROBERT B. WATTS, 0000 JAMES A. CONWAY, JR., 0000 NANCY L. SEETS, 0000 STEVEN A. WEIDEN, 0000 RONALD G. COREY, 0000 DAVID A. SIMON, 0000 MICHAEL E. CRADER, 0000 MICHAEL P. SKOMROCK, 0000 IN THE AIR FORCE JIM A. CUMINGS, 0000 CALVIN C. STARLIN, JR., 0000 THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- GREGG A. DAVIES, 0000 TERRANCE C. STIFF, 0000 MENT IN THE GRADE INDICATED IN THE REGULAR AIR GEORGE M. DEGNON, 0000 STEPHEN A. SUTHERLAND, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 531(A): PETER J. DEPATIE, 0000 GREGORY P. SWANSON, 0000 THOMAS H. DOUGLAS, 0000 DEAN A. TREMPS, 0000 To be major MARY S. DOWLING, 0000 ERIC R. VOGT, 0000 DANIEL J. DUNBAR, 0000 JONATHAN T. WALL, 0000 FREDERICK M. ABRUZZO, 0000 HAROLD S. EGGENSPERGER, 0000 THOMAS K. WARK, 0000 THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- CLARENCE ERVIN, 0000 PATTY R. WILBANKS, 0000 MENT IN THE GRADES INDICATED IN THE REGULAR AIR MARK T. FAVETTI, 0000 MARC D. WILSON, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 531(A): MICHAEL J. FEELEY, 0000 IN THE ARMY To be colonel GREGORY R. FOURNIER, 0000 MATTHEW R. GODFREY, 0000 THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR WILLIAM W. DODSON, 0000 JOHN S. GOODWIN, 0000 APPOINTMENT TO THE GRADE INDICATED IN THE To be major JAMES E. GRANDY, 0000 UNITED STATES ARMY JUDGE ADVOCATE GENERAL’S JUDY M. GRIEGO, 0000 CORPS UNDER TITLE 10, U.S.C., SECTIONS 531 AND 3064: NICHOLAS MEXAS, 0000 JOHN J. HERNANDEZ, 0000 DAVID A. NIEMIEC, 0000 EDWARD G. HERRERA, 0000 To be major JOHN R. SHAW, 0000 BARRY K. HOLDER, 0000 PAUL HUTCHINSON, 0000 SHAWN D. SMITH, 0000 THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- CHARLES C. INGALLS, 0000 THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- MENT IN THE GRADES INDICATED IN THE REGULAR AIR PAUL D. JACOBS, 0000 MENT IN THE GRADE INDICATED IN THE RESERVE OF FORCE UNDER TITLE 10, U.S.C., SECTION 531(A): STEPHEN E. JESELNICK, 0000 THE ARMY UNDER TITLE 10, U.S.C., SECTION 12203: To be colonel PAUL D. JULIAN, 0000 To be colonel ROBERT S. JUSTUS, 0000 THOMAS E. MARCHIONDO, 0000 WOODY R. KLINNER, JR., 0000 BRIAN D. ALLEN, 0000 To be lieutenant colonel KENNETH L. KOBS, 0000 MICHAEL R. CONNERS, 0000 JAMES M. LEFAVOR, 0000 KENNETH KLINE, 0000 ROBERT P. LEMIEUX, 0000 CARLISLE A. LINCOLN III, 0000 f To be major MICHAEL J. LINDEMAN, 0000 KYUNG L. BOEN, 0000 ANDREW J. MAMROL, 0000 WITHDRAWAL MURIEL A. MARSHALL, 0000 THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE RICHARD L. MARTIN, 0000 Executive Message transmitted by UNITED STATES OFFICERS FOR APPOINTMENT TO THE STEVEN D. MARTIN, 0000 GRADE INDICATED IN THE RESERVE OF THE AIR FORCE DONALD A. MCGREGOR, 0000 the President to the Senate on Sep- UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: JUAN J. MEDINALAMELA, 0000 tember 18, 2007 withdrawing from fur- To be colonel PETER A. MERCIER, 0000 BRIAN A. MILLER, 0000 ther Senate consideration the fol- DAVID W. ASHLEY, 0000 MURRY MITTEN, 0000 lowing nomination: PETER G. BAER, 0000 BRIAN C. NEWBY, 0000 WILLIAM S. BAIR, 0000 JOHN W. OGLE III, 0000 ANITA K. BLAIR, OF VIRGINIA, TO BE AN ASSISTANT RUTH P. BAKER, 0000 GERALD R. OSTERN, 0000 SECRETARY OF THE AIR FORCE, VICE MICHAEL L. WALTER R. BALL, 0000 MATTHEW J. PAPE, 0000 DOMINGUEZ, WHICH WAS SENT TO THE SENATE ON JANU- DAVID A. BECK, 0000 ROBERT R. PETERSEN, 0000 ARY 9, 2007.

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HONORING MR. JACK HOLEFELDER PERSONAL EXPLANATION his pants in public. No one would even think of making such a request, yet the TSA thinks nothing of asking Sikhs to remove HON. SHELLEY BERKLEY their turbans in public. HON. JOE SESTAK OF NEVADA I salute TSA for not asking Jewish people OF PENNSYLVANIA IN THE HOUSE OF REPRESENTATIVES to remove their yarmulkes in public. This is Tuesday, September 18, 2007 because they are religious symbols. Jewish IN THE HOUSE OF REPRESENTATIVES people are required to wear them in public. Ms. BERKLEY. Madam Speaker, because I By the same principle, Sikhs are required to Tuesday, September 18, 2007 was attending to important constituent matters wear their turbans. Wanding the turban in my congressional district, I was unable to Mr. SESTAK. Madam Speaker, I rise before should be enough and would be understand- vote on rollcall Nos. 865 and 866. Had I been able in light of security concerns, but forcing you to honor Jack Holefelder on his retirement present, I would have voted ‘‘aye.’’ a Sikh to remove his turban is unacceptable. from presidency of the Delaware County It is a strike against his Sikh religion and f Chamber of Commerce, a post he has held for his Sikh identity. the past 26 years. Mr. Holefelder has over- SIKHS SHOULD NOT BE FORCED I respectfully but strongly urge you to seen an over 500% increase in chamber TO REMOVE TURBANS AT AIR- take action to prevent what happened to Dr. membership such that the chamber is now the PORTS Sandhu from happening to any other Sikh traveller. Please order the TSA workers to third largest chamber in Pennsylvania. Over respect the religion and identity of Sikhs this period, the Delaware County Chamber of HON. EDOLPHUS TOWNS and not to force them to remove their tur- Commerce has twice won the Chamber of the OF NEW YORK bans. Thank you for your attention to this Year award. IN THE HOUSE OF REPRESENTATIVES matter. Tuesday, September 18, 2007 Sincerely, Along with his decades of exemplary leader- DR. GURMIT SINGH AULAKH, ship over the chamber, Mr. Holefelder has Mr. TOWNS. Madam Speaker, recently a President, Council of Khalistan. been an active member of the community. He Sikh named Dr. Ranbir Singh Sandhu was has headed or been a member of numerous stopped at the San Francisco airport as he f committee organizations including Chairman of tried to board a flight and forced by agents of the Delaware County Fair; Chairman of the the Transportation Security Administration to IN HONOR OF DR. ROBERT L. Chester Housing Authority Advisory Board; take off his turban. Dr. Sandhu, who is around WRIGHT Chairman of Red Cross, Heart Fund, Cancer 80, was on his way to a funeral in Vancouver. Society, and March of Dimes fund raising; He refused to take off his turban and was HON. SANFORD D. BISHOP, JR. barred from the flight, forcing him to make a President of the Delaware County Education OF GEORGIA Foundation; Board Member of the Delaware 20-hour drive to get to the funeral. This is unacceptable. I certainly understand IN THE HOUSE OF REPRESENTATIVES County Hero Scholarship Fund; Board Mem- and support wanding the turban for security ber of the Southeastern Delaware County Tuesday, September 18, 2007 reasons in this day and age, but forcing a Sikh Mr. BISHOP of Georgia. Madam Speaker, I United Way; Board Member of the Delaware to remove his turban is an insult to his reli- rise to honor Dr. Robert L. Wright, as the County Crime Commission; a member of the gious identity. TSA does not make Jewish Chattahoochee Council of the Boy Scouts of Neumann College Board of Trustees; and a passengers take off their yarmulkes and that America’s 2007 Distinguished Citizen Award coach in the Aston and Middletown Little is right. They shouldn’t. But they require Sikhs recipient, which honors his outstanding service League and Girl’s Soccer league. He has to take off their turbans. That is unfair, dis- to the Columbus, Georgia community. raised over five million dollars for local char- criminatory, and wrong. ities and special projects. Airport security is important. We were just There is much to admire about a man like Dr. Wright. As one of the first African Amer- Most impressive of all Mr. Holefelder’s many reminded of that again by the passing of another anniversary of the September 11 at- ican men to attend the Ohio State University, achievements is his commitment to the Dr. Wright received a degree in optometry, Rotaplast International program. Since 2002, tacks. But we must not let that be used as an excuse to violate the religious liberties or the and later began his optometry practice in Co- Mr. Holefelder has participated in three trips to lumbus. Then, in 1985, he founded Dimen- Peru and one trip to India in support of that civil rights of anyone. We should stop asking Sikhs to remove their turbans. sions International, a defense logistics com- exceptional program. Dedicated to providing The Council of Khalistan recently wrote to pany, as a three person operation. Today, Di- free reconstructive cleft-palate operations and President Bush, Homeland Security Secretary mensions has over 1,200 employees in more treatment for children in need worldwide, Mr. Chertoff, and the TSA Administrator, Kip than 30 locations. Holefelder and his colleagues have been am- Hawley, asking that this policy be changed. However, I believe Dr. Wright’s sense of bassadors of goodwill to hundreds of families SEPTEMBER 12, 2007. civic duty, which has been a running theme who will never forget the life-changing nature Hon. MICHAEL CHERTOFF, throughout his life, truly distinguishes him from of their kindness. Secretary of Homeland Security, his peers and makes him a man worthy of Mr. Holefelder is a published author, a TV Washington, DC. praise. He has fought for racial equality, serv- DEAR SECRETARY CHERTOFF: I am writing ing as both a moderator and trail blazer in and radio personality, and an entrepreneur. to you today about the Transportation Safe- He is a recipient of the U.S. Air Force Com- several organizations, including the Georgia ty Administration’s practice of making Republican Party. He has served as a mentor mendation Medal for service in Vietnam, the Sikhs remove their turbans in order to trav- to other minority small business owners and Red Cross David Henderson Humanitarian el. Recently, Dr. Ranbir Singh Sandhu of helped craft policy to aid their success, includ- Award, Glen Riddle Rotary Community Serv- California, a retired engineering professor ing serving as associate administrator for mi- ice Award, and March of Dimes Lifetime who is around 80 years old, was stopped at San Francisco International Airport on his nority small business at the Small Business Achievement Award among numerous other way to Vancouver for a funeral. He was or- Administration under President Reagan. He awards and recognitions. dered by TSA security workers to remove his also was on the planning committee to create Madam Speaker, I ask you to join me in turban. When he refused he was not allowed the National Museum of African-American His- honoring Jack Holefelder, a pillar of the com- to board his flight and he wound up having tory and Culture in Washington, D.C. to drive 20 hours to Vancouver to get to the munity and a man who represents the very funeral. Perhaps it is the many challenges Dr. best of the United States of America at home Asking a Sikh to remove his turban in pub- Wright encountered as a young man, or per- and abroad. lic is worse than asking someone to remove haps it is his unwavering belief in human

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

VerDate Aug 31 2005 05:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A18SE8.001 E18SEPT1 cnoel on PRODPC60 with REMARKS_CN E1906 CONGRESSIONAL RECORD — Extensions of Remarks September 18, 2007 achievement that drives him. No matter the Mrs. Cart’s hard work has not gone unno- shut down and thus conserve energy; The de- source of his inspiration, I know the numerous ticed during her time at Fort Knox. She was sign maximizes the use of natural light in organizations that have benefited from his the recipient of the Commander’s Award for residential units, thus helping to reduce energy consumption; Most structures will have service are extremely grateful. Civilian Service along with numerous perform- a reflective roof, also helping to reduce air- Also, as someone who admires Dr. Wright ance awards and service awards. conditioning and therefore energy consump- greatly, I feel blessed to have known him. I It is my privilege to honor Sherry L. Cart tion. am honored to call Dr. Wright a constituent, today, before the entire United States House In addition to these energy efficient fea- and friend. May our community and our coun- of Representatives, for her service to the sol- tures, we have taken many steps to also im- try continue to benefit from his tremendous diers of Fort Knox, the United States Army, prove the efficiency of our existing build- legacy of service. and this Nation. I wish Sherry, her husband ings. Steve, and the rest of their family a safe and MGM MIRAGE recently implemented im- f provements in lighting technologies and me- happy retirement. TRIBUTE TO THE WASHINGTON chanical equipment that will conserve 23 f FIRE COMPANY million kilo-watt hours annually; this is the ENERGY INDEPENDENCE equivalent of removing over 1,700 homes from the Las Vegas power grid. HON. JOE SESTAK The impact on air emissions by not having OF PENNSYLVANIA HON. SHELLEY BERKLEY to produce this energy is equivalent to a reduction of approximately 17,000 tons of IN THE HOUSE OF REPRESENTATIVES OF NEVADA greenhouse gas per year; it would take about IN THE HOUSE OF REPRESENTATIVES Tuesday, September 18, 2007 500,000 trees to offset that amount of green- Mr. SESTAK. Madam Speaker, I rise today Tuesday, September 18, 2007 house gasses each year. Ms. BERKLEY. Madam Speaker, last month We are also working with the Rocky Moun- to congratulate the Washington Fire Company tain Institute (RMI), a not-for-profit think No. 1 on the dedication of its firehouse and this House approved landmark legislation to tank that assists companies in identifying the housing of its equipment. put our nation on the path toward energy inde- and using energy and resources efficiently. The station will be home to the fire com- pendence. Among other provisions, this bill The RMI will aid MGM MIRAGE in the de- pany’s new 2007 E-One Rescue Pumper as would provide incentives to encourage the velopment of a corporate strategy for alter- well as its 1999 E-One Ladder truck and its production and use of renewable energy, and native and renewable energy. 1990 E-One Rescue Pumper. It will also calls for greater energy efficiency in both pub- We also strive to work in a partnership house the pride and joy of the company, a lic and private sectors. with our local government in Nevada. Re- When it comes to energy usage, my home cently, our Senior Vice President of the En- beautiful, fully restored 1924 American ergy and Environmental Services Division, LaFrance Pumper. town of Las Vegas has received more than its Cindy Ortega, was appointed by the Gov- This new station is twice the size of the pre- share of scrutiny. But I would like to share ernor to serve on the Nevada’s Climate vious station, and will allow the members of with my colleagues an example of how Las Change Advisory Committee. In addition, we the Company to more effectively protect the Vegas is leading the nation in the effort to be- have recently been joined by Gary Mayo as Borough of Conshohocken, which they have come more energy efficient. The following is a our Vice President of Energy and Environ- proudly served since 1874. From a small hose response from MGM MIRAGE, the largest em- mental Services Division. You might remem- house 128 years ago to a new modern facility ployer in my district and a good corporate cit- ber Gary in his former capacity as Director izen, to an accusation that the casinos of Las of Government Affairs and Corporate Re- with a banquet hall, the Washington Fire Com- sponsibility for Visteon Corporation in Van pany has remained a staple of the Borough of Vegas use too much energy. I would suggest Buren Township, Michigan. Conshohocken. to my colleagues that if more businesses MGM MIRAGE is committed to continue The fire company’s mission has expanded would follow the lead of MGM MIRAGE, the to demonstrate leadership in the areas of en- over time to include not only protecting the impact on our nation’s energy consumption ergy and water conservation. If you have any community, but also educating it. The com- would be substantial. questions or would like additional informa- pany hosts an annual ‘‘Fire Prevention Show’’ SEPTEMBER 17, 2007. tion about CityCenter, or our efforts with regard to energy and natural resource con- that teaches the community about fire preven- Hon. CANDICE MILLER, servation, please contact Robert Elliott, tion and what to do in the case of a fire emer- 228 Cannon House Office Building, Washington, DC. Vice President of Government Affairs. gency. Sincerely, The members of Washington Fire Company DEAR REPRESENTATIVE MILLER: We recently read reports of your comments re- ROBERT ELLIOTT, No. 1 selflessly serve the community while garding energy consumption by the Las Vice President of Government Affairs, balancing their full-time careers and families. Vegas gaming and tourism industry. We MGM MIRAGE. Through the years, their names and faces would like to share with you some of the ini- f have changed, but the commitment and pride tiatives that we are taking at MGM MIRAGE with which they serve the community has per- to reduce our energy impact in our state. SONIA GANDHI SHOULD NOT severed. I ask everyone to join me in com- Currently, we are in the process of building SPEAK ON NONVIOLENCE mending the members of the Washington Fire the largest privately funded construction Company, past and present, and to congratu- project in the history of our country. HON. EDOLPHUS TOWNS CityCenter, a 76 acre, mixed-use urban devel- late them on the dedication of their new fire- opment in the heart of the Las Vegas Strip, OF NEW YORK house. will include 2,700 residences and a 4,000 room IN THE HOUSE OF REPRESENTATIVES f resort and casino. In keeping with our com- Tuesday, September 18, 2007 mitment of green building design and con- TRIBUTE TO SHERRY L. CART struction, CityCenter is being built accord- Mr. TOWNS. Madam Speaker, I was dis- ing to Leadership in Energy and Environ- tressed to learn that the United Nations invited HON. RON LEWIS mental Design (LEED) certification stand- Sonia Gandhi to speak on nonviolence next ards. Once complete, it will be the largest OF KENTUCKY month. She is the leader of the Congress green campus in the history of the United IN THE HOUSE OF REPRESENTATIVES Party, which has presided over massive atroc- States. ities against Christians, Sikhs, Muslims, and Tuesday, September 18, 2007 The following is a list of some of the energy efficiency features being incorporated other minorities. Mr. LEWIS of Kentucky. Madam Speaker, I into CityCenter: CityCenter will have a high- Mrs. Gandhi is Catholic. How can she speak rise today to recognize Sherry L. Cart, a dedi- ly efficient state of the art central plant on nonviolence when her party presides over cated woman with a long history of service to with combined heat and power capability. a country in which nuns have been raped and our country. Mrs. Cart, a resident of Branden- This combined heat and power plant will uti- forced to drink their own urine, priests have burg, Kentucky, is retiring on September 28, lize excess heat, reusing it for heating do- been murdered, Christian schools have been 2007 after thirty-three years of active federal mestic water; Facades will have higher glaz- burned to the ground, and prayer halls have ing to reduce air conditioning costs; ‘‘Air- service. been vandalized? brows’’ or ‘‘shades’’ on the fac˛ade will help Sherry Cart began her civilian service ca- to prevent overheating of units from direct It was Mrs. Gandhi’s party that carried out reer on January 2, 1974. She is retiring, as sun; A docking station for the room key is the Golden Temple massacre that killed so Deputy Protocol Officer, United States Army being considered for some hotel rooms; when many thousands of innocent Sikhs, including Armor Center, Fort Knox, Kentucky. the key is removed most of the lights will young boys ages 8 to 13. Her party presided

VerDate Aug 31 2005 05:31 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A18SE8.005 E18SEPT1 cnoel on PRODPC60 with REMARKS_CN September 18, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E1907 over the Delhi massacres in which over dered another 20,000 Sikhs in Delhi and the Cuba has allowed Amnesty into the country 20,000 Sikhs were murdered while the Sikh surrounding areas in the massacres of No- more recently. What is India hiding? police were locked in their barracks. vember 1984. Sikhs were burned alive, Sikh My organization, the Council of Khalistan, It was Beant Singh, a Congress Party Chief businesses were burned, Sikhs were chained is leading the Sikh struggle for freedom and to trucks. The driver for Baba Charam sovereignty. Working with the Congress of Minister, who presided over the murders of Singh, a Sikh religious leader, was killed by the United States, we have internationalized over 50,000 Sikhs while he was in office. No tying his legs to jeeps which then drove off the struggle for freedom for Sikhs and all one from that party has the moral authority to in different directions. the people of South Asia since the Council of speak on nonviolence, especially when there Sardar Jaswant Singh Khalra looked at Khalistan’s inception on October 7, 1987, the are so many better spokespersons, such as the records of the cremation grounds at day that the Sikh Nation declared its inde- the Dalai Lama, who will be in America to re- Patti, Tarn Taran, and Durgiana Mandar and pendence from India. We have worked to pre- ceive an award right after Mrs. Gandhi’s documented at least 6,018 secret cremations serve the accurate history of the Sikhs and of young Sikh men ages 20–30. These young speech. the repression of minorities by India by pre- Sikhs were arrested by the police, tortured, serving the information in the Congressional Madam Speaker, the Council of Khalistan murdered, then declared unidentified and se- wrote an excellent letter to UN Secretary Gen- Record. We continue to work for freedom for cretly cremated. Their bodies were not even the Sikh Nation. Self-determination is the eral Ban Ki-moon, which follows. returned to their families. They have never essence of democracy. COUNCIL OF KHALISTAN, officially been accounted for. The Punjab We cannot accept the leader of the Con- September 12, 2007. Human Right Commission estimates that gress Party, the party that carried out the Hon. BAN KI-MOON, about 50,000 such secret cremations have oc- bulk of these atrocities, speaking to an orga- Secretary-General of the United Nations, Dag curred. nization like the United Nations on a subject Hammerskjold Plaza, New York, NY. For exposing this horrendous atrocity, like non-violence, especially when there are DEAR SECRETARY GENERAL BAN: It has Sardar Khalra was abducted by the police on much better spokespersons available. I can- come to my attention that you are having September 6, 1995 whi1e he was washing his not urge you strongly enough to cancel this Sonia Gandhi speak to the United Nations on car, then murdered in police custody. The appearance. nonviolence on October 2. Mrs. Gandhi has only witness to his kidnapping, Rajiv Singh Thank you in advance for your attention no moral standing to be discussing this sub- Randhawa, has been repeatedly harassed by to this situation and helping the people of ject. I urge you to find someone else. Per- the police. Once he was arrested for trying to South Asia. haps the Dalai Lama, who will be in the hand a petition to the then-British Home Sincerely, United States the following weekend to re- Minister, Jack Straw. in front of the Golden DR. GURMIT, SINGH AULAKH, ceive an award, would be a good choice. Temple in Amritsar. President, Council of Khalistan. There are other people more qualified than Police SSP Swaran Singh Ghotna tortured f Mrs. Gandhi, as well. and murdered Akal Takhl Jathedar Gurdev How could you pick the head of India’s Singh Kaunke and has never been punished HONORING MAJOR BERNARD Congress Party for this talk? India is one of for doing so. K.P.S. Gill, who was responsible PROCTOR, PHD the most violent countries in the world. Ac- for the murders of over 150,000 Sikhs in his cording to the Punjab State Magistracy, time as Director General of Police, is still over 250,000 Sikhs have been murdered at the walking around scot-free. He was even in- HON. JOE SESTAK hands of the Indian government. Between volved in leading the Indian Olympic field OF PENNSYLVANIA 1993 and 1995, according to the United States hockey team. His trip to the Atlanta Olym- IN THE HOUSE OF REPRESENTATIVES Department of State, the Indian government pics in 1996 was protested by the Sikh com- paid out over 41,000 cash bounties to police munity in the United States, which is over Tuesday, September 18, 2007 officers for killing Sikhs. A report by the half a million strong, but he was allowed to Mr. SESTAK. Madam Speaker, our Nation Movement Against State Repression (MASR) come to the Olympics on an Olympic Com- will soon commemorate the 230th Anniversary reveals that over 52,000 Sikhs are being held mittee visa. Immediately after the Olympic of the Battle of Brandywine. Let me take this as political prisoners without charge or trial. hockey game, he was shipped back to Punjab opportunity to relate the importance of that Some have been in illegal custody since 1984! as a threat to peace and an affront to the Amnesty International reports that tens of Sikh community. 50 members of the U.S. battle, the largest land battle of the Revolu- thousands of other minorities are being held Congress from both parties wrote to the tionary War, and to remember the brave sol- as political prisoners as well. In addition, the President protesting his appearance in the diers who fought for the independence of our regime has kil1ed 300,000 Christians in United States. country. Nagaland, more than 90,000 Kashmiri Mus- Unfortunately, other minorities have also In 1777, the British army campaigned to lims and tens of thousands of Muslims and suffered greatly under the boot of Indian re- control Philadelphia, which was then the cap- Christians in the rest of the country, and pression. In March 2002, 5,000 Muslims were ital of the newly-declared United States of tens of thousands of Assamese, Bodos, Dalits killed in Gujarat while police were ordered America. British General William Howe and his (the dark-skinned aboriginal people of South to stand by and let the carnage happen, in an Asia, referred to as ‘‘Untouchables’’), eerie parallel to the Delhi massacre of Sikhs troops approached Philadelphia through the Manipuris, Tamils, and others. in November 1984 in which Sikh police offi- Chesapeake, landing in Elkton, Maryland in The Gandhi family were perhaps the most cers were locked in their barracks while the early September of that year. cruel of Indian rulers; it was Mrs. Gandhi’s state-run television and radio called for American General George Washington was mother-in-law, Indira Gandhi, who suspended more Sikh blood. confident that his army would secure the cap- democracy and imposed martial law (dicta- Christians have suffered under a wave of ital city. On September 9, 1777, American torship) on the country. It was the Congress repression since Christmas 1998. An Aus- troops were stationed along the Brandywine Party under Indira Gandhi, then under Mrs. tralian missionary, Graham Staines, and his River, guarding the fords. Washington’s strat- Gandhi’s husband, Rajiv Gandhi, who suc- two young sons, ages 8 and 10, were burned to ceeded Indira Gandhi as Prime Minister, that death while they slept in their jeep by a mob egy was to force a fight at Chadds Ford, the government carried out the brutal at- of Hindu militants connected with the where the Americans would have the advan- tack on the Golden Temple in Amritsar, the Rashtriya Swayamsewak Sangh (RSS), an tage. center and seat of the Sikh religion, in June organization formed in support of the Fas- On September 9, a small portion of British 1984, as well as 224 other Gurdwaras (Sikh cists. The mob surrounded the burning jeep troops marched from Kennett Square as if places of worship) throughout Punjab. Sikh and chanted ‘‘Victory to Hannuman,’’ a they would battle the Americans at Chadds leaders Sant Jarnail Singh Bhindranwale, Hindu god. None of the mob has ever been Ford. However, the majority of British troops General Shabeg Singh, and others, as well as brought to justice; instead the crime has this time marched north to cross the river at a over 20,000 Sikhs were killed in these at- been blamed on one scapegoat. Mr. Staines’s tacks. The Sikh holy scripture, the Guru widow was thrown out of the country after ford unknown to Washington and his army. Granth Sahib, written in the time of the the incident. An American missionary, Jo- The battle began in the early morning on Sikh Gurus, was shot full of bullet holes by seph Cooper of Pennsylvania, was expelled September 11. Washington, believing that all the Indian Army. Over 100 young Sikh boys from India after being beaten so severely of Howe’s army would fight at Chadds Ford, ages 8 to 13 were taken out into the court- that he had to spend a week in the hospital. was unprepared when British troops arrived at yard and asked if they supported Khalistan, None of the persons responsible for beating the right flank of the American line. He or- the independent Sikh state. When they an- Mr. Cooper has been prosecuted. Churches dered his troops to take the high ground, near swered with the Sikh religious incantation have been burned. Christian schools and the Birmingham Friends Meetinghouse to de- ‘‘Bole So Nihal’’ they were summarily shot prayer halls have been attacked and vandal- fend their position. However, British troops to death. ized, priests have been murdered, nuns have After Indira Gandhi was killed, Rajiv Gan- been raped, all with impunity. Police broke were already stationed nearby, and the Ameri- dhi said, ‘‘When a tree falls, the Earth up a Christian religious festival with gunfire. cans were unable to secure these grounds. shakes.’’ Then he locked the Sikh Police in Amnesty International has not been al- General Howe’s army soundly defeated the their barracks while the government mur- lowed into Punjab since 1978. Even Castro’s Americans due to their superior position and

VerDate Aug 31 2005 05:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A18SE8.010 E18SEPT1 cnoel on PRODPC60 with REMARKS_CN E1908 CONGRESSIONAL RECORD — Extensions of Remarks September 18, 2007 the surprise of their attack. By night, Washing- TRIBUTE TO SIR DAVID GEOFFREY HONORING MR. CARL ULLRICH ton’s troops were forced to retreat to Chester. MANNING Despite being outnumbered and outmaneu- HON. JOE SESTAK vered, Washington’s troops fought valiantly. OF PENNSYLVANIA The American Congress was able to escape HON. PETER T. KING IN THE HOUSE OF REPRESENTATIVES from Philadelphia to safety in Lancaster, and OF NEW YORK Tuesday, September 18, 2007 then York, PA. Military supplies were also removed from the capital city before the impend- IN THE HOUSE OF REPRESENTATIVES Mr. SESTAK. Madam Speaker, I rise before ing British takeover. you to honor Carl Ullrich on his recent induc- On September 26, 1777, British forces Tuesday, September 18, 2007 tion in the Army’s Sports Hall of Fame and his lifetime of service to our Nation’s young ath- marched unopposed through the city of Phila- Mr. KING of New York. Madam Speaker, delphia. This takeover proved of little strategic letes and his service to our Nation both in today I rise to recognize the remarkable and U.S. Navy during World War II and in the U.S. value, however. significant career of the distinguished British Washington’s troops regrouped. The Gen- Marine Corps during the Korean Conflict. Mr. Ambassador to the United States, Sir David eral wrote to John Hancock that night, ‘‘Not- Ullrich was the first civilian director of athletics Geoffrey Manning. Ambassador Manning is withstanding the misfortune of the day, I am at the Military Academy at West Point serving happy to find the troops in good spirits; and I stepping down from his post after 4 years of in that capacity from 1980 to 1990. He hope another time we shall compensate for devoted service and I would like to commend oversaw five winning football seasons, the the losses now sustained.’’ Congress sent re- him on his long service to the British Govern- program’s first three bowl game appearances, inforcements, strengthening the American ment and his vital contributions to the endur- and negotiated a deal to ensure the winner of army. ing relationship between the United States and the Commander in Chiefs Trophy was invited Washington’s troops successfully defended the United Kingdom. to a post-season bowl game. the military supplies in Reading. On June 18, Mr. Ullrich has a long career in mentoring Ambassador Manning began his career as a and teaching our youth and young adults, 1778, British troops abandoned Philadelphia civil servant in the Foreign and Common- and the city returned to American control. starting in 1952 with a coaching position at the wealth office in 1972, where he was posted in Friends Academy in New York and includes f the Mexico/Central America Department. He serving as a couch at Irvington High School PERSONAL EXPLANATION then served in posts in Warsaw, New Delhi, and Newark Academy in New Jersey, fresh- and Paris. It was in 1990 that Sir David was man crew coach at Cornell University, varsity HON. SANFORD D. BISHOP, JR. appointed to the senior position of Counselor, crew coach at Columbia University and Boston Head of Chancery in Moscow. Ambassador University, and as an assistant commandant OF GEORGIA Manning held this post from 1990 to 1993, at the Sanford Naval Academy. He served as IN THE HOUSE OF REPRESENTATIVES during which time the fall of communism and athletic administrator at the Naval Academy Tuesday, September 18, 2007 the break-up of the former Soviet Union oc- for 11 years where he supervised the areas of Mr. BISHOP of Georgia. Madam Speaker, I curred. admissions, counseling, recruiting, eligibility, Congressional liaison, and NCAA and AlAW regret that I was unavoidably absent yesterday In 1995, Ambassador Manning was named afternoon, September 17, on very urgent busi- policy, and coached the Navy varsity crew for British Ambassador to Israel during the difficult ness. Had I been present for the three votes 6 years, winning the Eastern Intercollegiate period after the assassination of Israeli Prime which occurred yesterday evening, I would championship in 1971. have voted ‘‘aye’’ on H.R. 3246; rollcall vote Minister Yitzhak Rabin. He served in that post Additionally, Mr. Ullrich has served as ath- No. 867, I would have voted ‘‘aye’’ on H.R. with distinction throughout his 3 years of serv- letic director of Western Michigan University, 1657; rollcall vote No. 868, and I would have ice. In 2001, Sir David was appointed to head the President of the Metro Atlantic Athletic voted ‘‘aye’’ on H. Res. 3527; rollcall vote No. the UK delegation to NATO in Brussels, a post Conference, and in many capacities for the 869. he held for 8 months until he was designated NCAA and ECAC. He has also served as the initial Executive Director of the Patriot League, f by Prime Minister Tony Blair to serve as his chief foreign policy adviser. It was in this ca- and most recently as the Athletic Director of TRIBUTE TO MR. EDWARD ‘‘JACK’’ pacity that he worked closely for Prime Min- St. Andrews Presbyterian College. He was EUBANKS ister Blair in the aftermath of September 11, awarded the Eastern College Athletic Con- 2001, and for the 2 years that followed. It was ference’s James Lynah Distinguished Achieve- HON. RON LEWIS in this position that Ambassador Manning also ment Award in 1995 in recognition of his out- OF KENTUCKY developed a close working relationship with standing success in his career and his extraordinary contribution in the interest of intercolle- IN THE HOUSE OF REPRESENTATIVES Secretary of State Condoleezza Rice, who at that time was serving as President Bush’s na- giate athletics. Tuesday, September 18, 2007 Mr. Ullrich served his country in active duty tional security adviser. Mr. LEWIS of Kentucky. Madam Speaker, I in both World War II and the Korean Conflict rise today to recognize Mr. Edward ‘‘Jack’’ In September 2003, Ambassador Manning reaching the rank of Captain in the U.S. Ma- Eubanks, a proud veteran and dedicated pub- was appointed by Prime Minister Blair to be rine Corps. lic servant. Mr. Eubanks, a resident of Eliza- the British ambassador to the United States, Madam Speaker, I ask you to join me in bethtown, Kentucky, is retiring after 43 years the 40th ambassador to hold this post. In this honoring Carl Ullrich, an inspiration to over of service to our country. position, Sir David has played an invaluable five decades of this nation’s young athletes Mr. Eubanks served in the United States role in strengthening the uniquely close U.S.- and an exemplary role-model of service and Army for 20 years and retired as sergeant first UK alliance. Now after four years of service, dedication for them to follow. class. His military service included three over- he is leaving Washington and I want to take f seas tours of duty, one being in Vietnam. this opportunity to thank him for his distin- TRIBUTE TO THE CUSIMANO Upon his retirement from the Army, Mr. guished service to the United Kingdom and for FAMILY Eubanks joined the Federal civilian workforce the friendship he has consistently shown to- at Fort Knox, Kentucky, serving most recently ward the United States. I have appreciated my as Chief of Armor Center Protocol. During his HON. ZOE LOFGREN dealings with Ambassador Manning on a OF CALIFORNIA 23 years of civilian work, he has been the re- range of issues including the war against ter- IN THE HOUSE OF REPRESENTATIVES cipient of the Superior Civilian Service Award rorism and the fulfillment of the Irish Peace Tuesday, September 18, 2007 twice, the Gold Medallion-Noble Patron of Process. And on a personal level, my wife Armor, and the Kentucky Distinguished Serv- Rosemary and I have thoroughly enjoyed our Ms. ZOE LOFGREN of California. Madam ice Medal. relationship with Ambassador Manning and his Speaker, I rise to pay tribute to the Cusimano It is my privilege to honor Jack Eubanks family as they and our community gather this wife Catherine. today, before the entire United States House month to celebrate the 50th anniversary of the of Representatives, for his service to his coun- Sir David, thank you for your impressive Cusimano Family Colonial Mortuary. try. I wish Jack, and his wife Kathy a safe and service and I wish you and Lady Catherine the The Cusimano Family Colonial Mortuary happy retirement. best in all your future endeavors. was founded in 1957 by Joseph and Sue

VerDate Aug 31 2005 05:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A18SE8.013 E18SEPT1 cnoel on PRODPC60 with REMARKS_CN September 18, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E1909 Cusimano in Mountain View, California, Jo- of other haikus of the Japanese culture and PERSONAL EXPLANATION seph and Sue devoted their entire lives to the life in the forced internment camps. Mrs. work of their business, and to the service of Cristoforo’s own book, ‘‘Poetic Reflections of HON. TIMOTHY V. JOHNSON their community. For 50 years, Cusimano the Tule Lake Internment Camp, 1944’’ was OF ILLINOIS Family Colonial Mortuary has maintained a published over 40 years after it was originally IN THE HOUSE OF REPRESENTATIVES family-oriented approach to providing mortuary written. Years later Mrs. de Cristoforo com- services to the community—a commitment piled the haikus of many former internment Tuesday, September 18, 2007 that has been carried on by their children. In camp poets and published, ‘‘May Sky: There’s Mr. JOHNSON of Illinois. Madam Speaker, 1980, in recognition of the exemplary profes- Always Tomorrow: A History and Anthology of unfortunately last night, September 17, 2007, sional standards and extensive community in- Haiku’’. These poems are not just their history; I was unable to cast my votes on H.R. 3246, volvement, the mortuary was invited to join the they are part of our American history, because H.R. 1657, and H.R. 3527. distinguished association of Selected Inde- these people were also Americans. Had I been present for rollcall No. 867 on pendent Funeral Homes. It is sad that so few of these works survived suspending the rules and passing H.R. 3246, Joseph and Sue lived their broad and con- that time, for not only were many lost in the the Regional Economic and Infrastructure De- tinuing commitment to the service of their camps but, prior to their forced detention when velopment Act of 2007, I would have voted community—ranging from the Mortuary’s 50- many of them were destroyed. At the time ‘‘nay.’’ year sponsorship of the local Babe Ruth Little Mrs. de Cristoforo and her husband ran a Had I been present for rollcall No. 868 on League team to Joseph’s service as the small bookstore in Fresno. This material is for- suspending the rules and passing H.R. 1657, Mayor of Mountain View. The generosity of ever lost which makes her work that much to establish a Science and Technology Schol- the Cusimanos also extended beyond our more important. arship Program to award scholarships to re- community to others in need, as exemplified cruit and prepare students for careers in the by their gift of children’s caskets to the victims Madam Speaker, Violet Kazue de Cristoforo National Weather Service and in National of the 1995 Oklahoma City tragedy. is truly deserving of our thanks and her rec- Oceanic and Atmospheric Administration ma- Joseph and Sue bequeathed both their busi- ognition by the NEA with the National Heritage rine research, atmospheric research, and sat- ness and their sense of responsibility to their Fellowship Award is but a small token of ap- ellite programs, I would have voted ‘‘aye.’’ children. The Cusimano Family Colonial Mor- preciation for a lifetime of dedication and sac- Had I been present for rollcall No. 869 on tuary is now managed by Matthew and Sherri, rifice. H.R. 3527, to extend for two months the au- who have maintained the spirit of service and thorities of the Overseas Private Investment community participation that began with their f Corporation, I would have voted ‘‘aye.’’ parents 50 years ago. Madam Speaker, it is PERSONAL EXPLANATION f my honor to congratulate the Cusimano family as they celebrate this special anniversary. VIETNAM HUMAN RIGHTS ACT OF 2007 f HON. VERNON J. EHLERS SPEECH OF IN HONOR OF VIOLET DE OF MICHIGAN CRISTOFORO IN THE HOUSE OF REPRESENTATIVES HON. TOM DAVIS OF VIRGINIA HON. SAM FARR Tuesday, September 18, 2007 IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA Mr. EHLERS, Madam Speaker, on rollcall Monday, September 17, 2007 IN THE HOUSE OF REPRESENTATIVES No. 867, 868, and 869, I was delayed be- Mr. TOM DAVIS of Virginia. Mr. Speaker, I Tuesday, September 18, 2007 cause my airplane was very late in reaching rise today in strong support of H.R. 3096. Mr. FARR. Madam Speaker, I rise today to DCA, due to weather problems in Minneapolis, When the U.S. and Vietnam resumed diplo- recognize one of my district’s most out- and I was too late for the votes. matic relations over 10 years ago, it was the standing citizens, Violet de Cristoforo. Today, Had I been present I would have Voted ‘‘no’’ hope of many Americans that by increasing the National Endowment for the Arts will honor on rollcall No. 867, H.R. 3246; ‘‘yes’’ on roll- economic ties with Vietnam, we would be a Mrs. de Cristoforo with a National Heritage calls No. 868 and 869, H.R. 1657 and H.R. beacon of light that would shine on the human Fellowship Award, our country’s highest honor 3527. rights atrocities also occurring in Vietnam. in folk and traditional arts. Despite increased U.S. relations, Vietnam Violet de Cristoforo was born Kazue f has failed to protect the rights of its people. Yamane in Ninole, Hawaii. At the age of 8 she The Vietnamese government controls the was sent to Hiroshima, Japan for her primary PERSONAL EXPLANATION press, suppressing the basic, core right of free education. Then at the age of 13 she returned speech that we as Americans hold to be so to the United States to attend high school in ´ vital. Fresno, California. Upon her graduation Mrs. HON. LINDA T. SANCHEZ While maintaining fiscal relations with Viet- de Cristoforo married Shigaru Matsuda. It was OF CALIFORNIA nam is important for a plethora of reasons, the also around this time that Mrs. de Cristoforo overriding consideration for the U.S. in any re- IN THE HOUSE OF REPRESENTATIVES joined the Valley Ginsha Haiku Kai, a local lationship with a foreign country should be in haiku kais, or poetry club, and began focusing Tuesday, September 18, 2007 evaluating how a foreign country treats its own on the newer kaiko style that loosened haiku people. The Vietnamese Communist Party has ´ traditional 5–7–5 structure. Ms. LINDA T. SANCHEZ of California. failed the people of Vietnam, and we fail with With the onset of WWII, Mrs. de Cristoforo, Madam speaker, unfortunately, I was unable them if we refuse to recognize the atrocities her husband and three children were moved to be present in the Capitol on Monday, Sep- occurring every day. to forced detention facility in Jerome, Arkan- tember 17,2007 and was unable to cast votes This bill, the Vietnam Human Rights Act of sas. After her husband refused to complete a on the House Floor that evening. 2007, is an important step in continuing to questionnaire, the family was split up; Mrs. de However, had I been present I would have keep pressure on the Vietnamese Communist Cristoforo and her children were sent to Tule voted ‘‘aye’’ on H.R. 3246, the Regional Eco- Party. As we have learned in addressing Lake, California, while her husband was sent nomic and Infrastructure Development Act of human rights issues in numerous countries to a detention facility in Santa Fe, New Mex- 2007; ‘‘aye’’ on H.R. 1657, a bill to establish throughout the world, one of the most effective ico. While under forced internment, she wrote a Science and Technology Scholarship Pro- methods of protecting the rights of others is to hundreds of haikus reflecting on her environ- gram to award scholarships to recruit and pre- hit oppressive regimes where it counts—in ment and everyday life in the camps. Sadly, pare students for careers in the National their wallets. only fifteen of the hundreds of haikus survived Weather Service and in National Oceanic and Under H.R. 3096, Vietnam would face losing upon her release in 1946. Atmospheric Administration marine research, millions in non-humanitarian aid unless the It is important that we recognize Mrs. de atmospheric research, and satellite programs; president certifies that Vietnam begins releas- Cristoforo not only for her own haikus but for and ‘‘aye’’ on H.R. 3527, a bill to extend for ing its political prisoners and protecting the the hard work and dedication she contributed 2 months the authorities of the Overseas Pri- basic rights of freedom of speech and freedom to the preservation, translation and publication vate Investment Corporation. of religion—rights that we hold self-evident not

VerDate Aug 31 2005 05:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A18SE8.018 E18SEPT1 cnoel on PRODPC60 with REMARKS_CN E1910 CONGRESSIONAL RECORD — Extensions of Remarks September 18, 2007 as Americans, but as human beings. At the United Church of Christ in Addieville, IL. One love this country and believe in the possibili- same time, this legislation provides $2 million hundred years ago this past Saturday, the ties of all our citizens—all God’s children—to in humanitarian aid for the next 2 years, and congregation of Zion Church of Christ set the participate in our community and our national $9.1 million in FY 2008 and $1.1 million in FY cornerstone of their present church building. life. 2009 to overcome the jamming of Radio Free Contents of the cornerstone included, among Asia. Providing access to this programming other things, the church constitution, member- f will help to empower the people of Vietnam ship list, a catechism, songbook, and church and provide even more hope at a time when calendar. IN HONOR OF THE PUBLIC SERV- hope is most needed. On May 31, 1908, the new church was fi- ICE OF NOREEN EGAN OF GLEN Today, over 1.5 million Vietnamese reside in nally completed. Over 3000 parishioners and ROCK, NEW JERSEY the United States. In the 11th District of Vir- spectators attended the dedication services, ginia, the Vietnamese community is a thriving The magnificent edifice was erected at a cost population, many of whom I am proud to call of $23,000 dollars and was hailed in the Nash- HON. SCOTT GARRETT my friends and neighbors. Vietnamese Ameri- ville Journal as the finest church in Wash- OF NEW JERSEY cans are entrepreneurs, many owning small ington County, IL. businesses and serving as constant reminders But while a sturdy and beautiful building is IN THE HOUSE OF REPRESENTATIVES that the American Dream is alive and well. a testament to the handiwork of the church’s Tuesday, September 18, 2007 Their loved ones in Vietnam deserve that carpenters and craftsman—the success of the same dream. Zion Church over the course of a century is a Mr. GARRETT of New Jersey. Madam I commend my good friend from New Jersey living testament to the souls who fill the Speaker, I rise today to pay tribute to the tre- and the other sponsors for bringing this bill to church pews. May God continue to bless the mendous public service of Noreen Egan of the floor, and I urge my colleagues to join me Zion Church for another hundred years. in the passage of this important resolution. Glen Rock, New Jersey. For the past quarter f f of a century, Noreen has been the rock of the TRIBUTE TO REV. DR. LARRY Glen Rock Volunteer Ambulance Corps. TRIBUTE TO THE BELIZE 26TH LOVEJOY AND JEAN CARLOTTA A graduate of Holy Name Hospital School of ANNIVERSARY OF INDEPENDENCE LOVEJOY Nursing and Seton Hall University, Noreen settled in Glen Rock with her husband, Tom, HON. CHARLES B. RANGEL and has raised two sons there—Dan and OF NEW YORK HON. SOLOMON P. ORTIZ OF TEXAS IN THE HOUSE OF REPRESENTATIVES Jamie. She soon became interested in using IN THE HOUSE OF REPRESENTATIVES her nursing skills to help her community by Tuesday, September 18, 2007 Tuesday, September 18, 2007 joining the Glen Rock Volunteer Ambulance Mr. RANGEL. Madam Speaker, I rise today Mr. ORTIZ. Madam Speaker, I rise today to Corps. Over the years, she has not only been to acknowledge the 26th anniversary of the pay tribute to two outstanding patriots in the one of its most active members, Noreen has Independence of Belize, which will be on Sep- Rio Grande Valley: Rev. Dr. Larry Lovejoy, also served as its Chief and Lieutenant. tember 21, 2007. On September 21, 1981, Belize became an and his wife, Jean Carlotta Lovejoy. They are Earlier this year, Noreen was nominated by independent nation within the Commonwealth very special people in our community and her fellow Corps members for the John R. of Nations, formerly British Commonwealth. have greatly enriched our lives in south Texas. Rinaldi Special Recognition Award given by Belize is located in South America and is a Rev. Dr. Larry Lovejoy is a religious leader the Bergen County Chapter of the 200 Club at member of the Caribbean Community, also who uses simple human compassion, cour- their Annual Valor Awards luncheon in April known as CARICOM. age, and conviction to advocate for religious 2007. The award is a highly competitive honor Belize is an extraordinary country because freedoms. He has worked diligently to make presented to one person each year for his or of its people. Nowhere else in the world are better the lives of both the American and her outstanding contribution to emergency people with diverse ethnicities and heritage so Mexican people who populate the south Texas services. And later this year, the Glen Rock unified and harmonious. The country’s popu- border community. Ambulance Corps will honor Noreen for her 25 lation consists of people with Mayan, African, His tireless work with those who have less years of service at their annual installation din- European, Afro-European, and Afro-Amer- than many of us inspires people to trust him. ner. indian ancestry, just to name a few. In recent They know he is working for the betterment of In addition to serving people in need years, people of Asian descent have made the community we all share. through the Ambulance Corps, Noreen has Belize their home. He has promoted partnerships with the Due to globalization and other factors the international community among the people of also served the children of the Academy of world is getting smaller and smaller. It will be Brownsville, and has been instrumental in ef- Our Lady as their school nurse for the past 24 important for countries to be unified in order to forts to provide fresh clean water to the people years. And, last year, she was appointed As- interact politically, economically, and culturally living in colonias in Matamoros, Mexico. sistant Director for the Glen Rock Office of within the world. Belize’s diverse and unified Colonias are poor, unincorporated neighbor- Emergency Management. characteristics can serve as a model to other hoods outside of cities along the border. Furthermore, Noreen and Tom Egan—a nations struggling with internal conflict and He and his wife, Jean Carlotta Lovejoy, both Vietnam War veteran and Commander of peace. helped coordinate efforts by the local business VFW Post 850 in Glen Rock—have cultivated I offer congratulations to the people of community and federal policy makers to a a sense of community spirit and civic respon- Belize as they celebrate their independence. I badly-needed new or additional postal facility sibility in their sons. Dan, who joined the Am- encourage people from all over the world to for the rapidly-growing Brownsville community. bulance Corps with his mother when he was look to Belize for inspiration and hope for a His wife, Jean, his partner in life and work, in high school, is now an emergency room better world. serves as the Postmaster for Brownsville, TX. doctor at St. Vincent’s Hospital in New York f She, too, works to improve the lives of every- and at Bergen County’s own Valley Hospital. TRIBUTE TO ZION EVANGELICAL day citizens in the border area of Texas, par- Jamie just completed a tour of Iraq as an ticularly the Rio Grande Valley area. AND REFORMED UNITED CHURCH Jean has worked closely with the area food Army Ranger. The Nation has achieved its OF CHRIST bank to secure food for the economically dis- greatness because of families like the Egans. advantaged children of the community. Her ef- The Glen Rock Volunteer Ambulance Corps HON. JOHN SHIMKUS forts have resulted in underprivileged children has served the people of Glen Rock for just OF ILLINOIS being able to eat over the summer while out over 50 years—almost half of that with the IN THE HOUSE OF REPRESENTATIVES of school. This is an enormous effort on her help of Noreen Egan. She and her colleagues Tuesday, September 18, 2007 part. are what make the words of the Ambulance Mr. SHIMKUS. Madam Speaker, I rise today I ask the House of Representatives to join Corps’ slogan, ‘‘Neighbor helping Neighbor,’’ to honor Zion Evangelical and Reformed me today in commending these patriots who ring true.

VerDate Aug 31 2005 05:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A18SE8.023 E18SEPT1 cnoel on PRODPC60 with REMARKS_CN September 18, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E1911 THE RECOGNITION OF 25 YEARS Kellaher, Sergeant at Arms, 31; Robert L. Bowles, Jr., Chief Administrative Officer, 26; OF SERVICE AWARDS FOR EM- Stallings, Chief Administrative Officer, 31; Philip Melvin, Chief Administrative Officer, 26; PLOYEES OF THE OFFICERS OF Bridget A. Cox, Chief Administrative Officer, Sandra F. Durham, Chief Administrative Offi- THE HOUSE OF REPRESENTA- 31; Deborah M. Spriggs, Clerk of the House, cer, 26; Gail P. Davis, Chief Administrative Of- TIVES 30; Vincent L. Marcum, Jr., Chief Administra- ficer, 26; Anthony A. Thompson, Chief Admin- tive Officer, 30. istrative Officer, 26; Timothy W. Babcock, HON. ROBERT A. BRADY Charles D. Roche, Sergeant at Arms, 30; Chief Administrative Officer, 25; John M. OF PENNSYLVANIA Stefan L. Rusnak, Chief Administrative Officer, Wright, Chief Administrative Officer, 25; Lewis IN THE HOUSE OF REPRESENTATIVES 30; James M. Garrott, Chief Administrative Of- L. Maiden III, Chief Administrative Officer, 25; ficer, 30; Joe D. Berg, Chief Administrative Of- John L. Carter, Jr., Chief Administrative Offi- Tuesday, September 18, 2007 ficer, 30; Frank H. Jones, Chief Administrative cer, 25; Jeanne M. Mershon, Sergeant at Mr. BRADY of Pennsylvania. Madam Officer, 30; Newton B. Pendergraph, Chief Ad- Arms, 25. Speaker, I rise today to congratulate and rec- ministrative Officer, 30; John P. Mooney, Chief Roland S. Janifer, Chief Administrative Offi- ognize outstanding employees of the Officers Administrative Officer, 30; Trevera R. Jackson, cer, 25; Janet H. DiMatteo, Chief Administra- of the U.S. House of Representatives (Clerk of Chief Administrative Officer, 30; Mark D. tive Officer, 25; Bernestine Kea, Chief Admin- the House, Chief Administrative Officer, In- O’Sullivan, Clerk of the House, 30; Alessandro istrative Officer, 25; Leslie D. Henderson, spector General, and Sergeant at Arms) who Cusati, Chief Administrative Officer, 30; Cathy Chief Administrative Officer, 25; Floyd M. have completed 25 years or more of service to J. Kell, Chief Administrative Officer, 30; Mi- Johnson, Chief Administrative Officer, 25; An- the U.S. House of Representatives. chael J. Arceneaux, Clerk of the House, 30; drew W. Straughan, Chief Administrative Offi- In any organization, the most important re- Peyton J. Jackson, Chief Administrative Offi- cer, 25; Thomas K. McGarry, Chief Adminis- source is its dedicated employees, and without cer, 29; Peggy C. Sampson, Clerk of the trative Officer, 25; Annette G. Brown, Chief these employees, failure is certain. The em- House, 29; John F. Kelliher, Sergeant at Administrative Officer, 25; Su-Hwa Chang, ployees we recognize today are acknowledged Arms, 29. Chief Administrative Officer, 25; Standley and commended for their hard work, contribu- Jacqueline L. Hurda, Chief Administrative Brady, Sergeant at Arms, 25. tions, and support of House Members, their Officer, 29; Carnelius Thomas, Clerk of the On behalf of the entire House community, I staffs and constituents, and the overall oper- House, 29; Michael K. Allen, Chief Administra- extend congratulations and once again recog- ations of the House. These people have active Officer, 29; Frederick J. Masheter, Jr., nize and thank these employees for their com- complished a great many things in a wide Chief Administrative Officer, 29; Arden Moser, mitment to the U.S. House of Representatives range of activities, and the House of Rep- Chief Administrative Officer, 29; Robert W. as a whole, and to their respective House Offi- resentatives, Members, staff, and the general Warnick, Chief Administrative Officer, 29; John cers in particular. Their long hours and hard public are better served because of them. The T. Lewis, Chief Administrative Officer, 29; work are invaluable, and they have set an ex- individuals we honor today have collectively Douglas C. Toms, Clerk of the House, 29; ample for other employees to share in their provided 3,896 years of service to the U.S. Ronny K. VanDyke, Chief Administrative Offi- dedication and commitment, and to follow in House of Representatives: cer, 29; John T. Whitmyer, Chief Administra- their footsteps. I celebrate our honorees and Employee, officer, years of service: Maura tive Officer, 29; William M. Cox, Clerk of the celebrate the importance of their public serv- P. Kelly, Clerk of the House, 50; Doris Boyd, House, 29; Pearl J. Mangrum, Chief Adminis- ice. Sergeant at Arms, 42; Ben J. Vann, Chief Ad- trative Officer, 29; Lois A. Cortese, Chief Ad- f ministrative Officer, 40; Jerry L. Gallegos, ministrative Officer, 29; Thomas K. Hanrahan, Chief Administrative Officer, 40; Christine Clerk of the House, 29; Stephen E. Pingeton, RECOGNIZING REVEREND DOCTOR Stewart, Chief Administrative Officer, 38; Patri- Clerk of the House, 29. WALLACE S. HARTSFIELD cia A. Madson, Clerk of the House, 38; Gerald Joseph P. Coppa, Chief Administrative Offi- E. Bennett, Chief Administrative Officer, 38; cer, 29; Joseph A. Lee, Sergeant at Arms, 29; HON. EMANUEL CLEAVER James L. Newsome, Chief Administrative Offi- Matthew F. Cizek, Clerk of the House, 28; OF MISSOURI cer, 37; Sue E. Dean, Clerk of the House, 36; Patrica N. Smith, Clerk of the House, 28; IN THE HOUSE OF REPRESENTATIVES Rodric J. Myers, Sergeant at Arms, 35; Debo- Willie M. Roane, Chief Administrative Officer, Tuesday, September 18, 2007 rah A. Bates, Chief Administrative Officer, 35; 28; Teresa A. Rowe, Chief Administrative Offi- Janice L. Glosson, Clerk of the House, 35; cer, 28; Alfredda L. Horton, Chief Administra- Mr. CLEAVER. Madam Speaker, I proudly Dane Stalbaum, Chief Administrative Officer, tive Officer, 28; Cookie Clark-Henry, Sergeant rise today in recognition of the great accom- 35; Donna G. Downs, Clerk of the House, 34; at Arms, 28; Peter Shipman, Chief Administra- plishments of Reverend Doctor Wallace S. Paul F. Lozito, Chief Administrative Officer, tive Officer, 28; Patrick H. Pettis, Sergeant at Hartsfield, Sr., a minister, dedicated commu- 34. Arms, 28; Timothy A. Claggett, Chief Adminis- nity activist, civil servant, compassionate role Bobby R. Small, Chief Administrative Offi- trative Officer, 28; Horace E. Hamlin, Sergeant model, and a member of the Fifth District of cer, 34; H.D. Engel, Sergeant at Arms, 34; at Arms, 28; Russell A. Malone, Chief Admin- Missouri which I am deeply honored to rep- Lea Fowlie, Chief Administrative Officer, 33; istrative Officer, 27; Edwarda P. Moore, Chief resent. Reverend Hartsfield retires as Senior Donald W. Reedy, Chief Administrative Offi- Administrative Officer, 27; Alvin C. Thompson, Pastor of the Metropolitan Missionary Baptist cer, 33; Gloria J. Washington, Chief Adminis- Chief Administrative Officer, 27. Church on January 1, 2008 after more than 40 trative Officer, 33; Flora A. Posey, Chief Ad- Lorraine C. Miller, Clerk of the House, 27; years of service to Metropolitan and more than ministrative Officer, 32; Caroline Klemp, Chief Louis A. Constantino, Sergeant at Arms, 27; 55 years as a minister of God. He will be suc- Administrative Officer, 32; Richard R. Villa, Alfred R. Powers, Chief Administrative Officer, ceeded by his son, Dr. Wallace S. Hartsfield Sergeant at Arms, 32; Elliot C. Chabot, Chief 27; Stephen P. Mathis, Chief Administrative II. Administrative Officer, 32; Elaine Comer, Chief Officer, 27; Ted Daniel, Sergeant at Arms, 27; Our community also rises on this occasion Administrative Officer, 32; David J. First, Chief Sheila L. Roscoe, Chief Administrative Officer, to honor his civic contribution in the renaming Administrative Officer, 32; Eric C. King, Chief 27; David W. Roth, Clerk of the House, 27; of the Parkway Post Office in an area he Administrative Officer, 32; Daniel H. Ertel, Thomas D’Amico, Chief Administrative Officer, serves. This is a fitting tribute to Reverend Chief Administrative Officer, 32; William P. 27; John P. Long, Chief Administrative Officer, Hartsfield whose legacy continues in his min- Sims, Sergeant at Arms, 32; George R. Can- 27; Mary K. Niland, Clerk of the House, 27; istry, teachings, and goodwill. The Post Office non, Chief Administrative Officer, 32. Melissa K. Franger, Sergeant at Arms, 27; Pa- building, whose new designation will officially Karen F. Forriest, Sergeant at Arms, 32; tricia C. Nuzzo, Chief Administrative Officer, bear his name, will celebrate Reverend Marion M. Pacic, Chief Administrative Officer, 27; Ronnie W. Reed, Chief Administrative Offi- Hartsfield’s spirit and leadership at 4320 Blue 32; Kelly D. Patrick, Sergeant at Arms, 32; cer, 27; Nicarsia K. Mayes, Sergeant at Arms, Parkway, Kansas City, Missouri 64130. Marie E. Higgs, Chief Administrative Officer, 27; George D. Moore, Jr., Chief Administrative Reverend Hartsfield was an only child, born 31; Alice B. Bridges, Clerk of the House, 31; Officer, 27. to the late Ruby Morrissette in Atlanta, Geor- Sharyn B Alexander, Chief Administrative Offi- Willie C. Williams, Sergeant at Arms, 27; gia, on November 12, 1929. He served a 3- cer, 31; Charles R. McCall, Jr., Clerk of the Sandra M. Rubio-Marrero, Chief Administrative year tour of duty with the United States Army House, 31; Richard N. Hughes, Chief Adminis- Officer, 27; Kevin N. Chambers, Chief Admin- before receiving a bachelor of arts degree trative Officer, 31; Stanton Sechler, Chief Ad- istrative Officer, 27; Charles M. McGee, Clerk from Clark College in Atlanta, now Clark At- ministrative Officer, 31; Wendell E. Twombly, of the House, 26; Helene M. Flanagan, Chief lanta University, in 1954. He went on to earn Chief Administrative Officer, 31; Donald T. Administrative Officer, 26; Frederick H. a master of divinity degree from Gammon

VerDate Aug 31 2005 05:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A18SE8.028 E18SEPT1 cnoel on PRODPC60 with REMARKS_CN E1912 CONGRESSIONAL RECORD — Extensions of Remarks September 18, 2007 Theological Seminary, now the Interdenomina- Shopping Center, the creation of which is also IN HONOR OF JUSTICE WILLIAM E. tional Theological Center, in 1957, also lo- due largely to the encouragement of Reverend MCANULTY, JR. cated in Atlanta. He holds many honorary de- Hartsfield. Furthermore, he served as presi- grees, including a doctor of divinity degree dent of the Baptist Ministers Union, an influen- HON. JOHN A. YARMUTH from both Western Baptist Bible College in tial organizer for the Concerned Clergy Asso- OF KENTUCKY Kansas City, Missouri and from Virginia Semi- ciation, and a moderator for the Sunshine Dis- IN THE HOUSE OF REPRESENTATIVES nary and College of Lyncher, Virginia. His first trict Association. Appointed by the Governor, Tuesday, September 18, 2007 pastorate was in Pickens, South Carolina. He Reverend Hartsfield served as commissioner later served in Wichita, Kansas; Barstow, Flor- on the Missouri Highway Commission. He was Mr. YARMUTH. Madam Speaker, I rise to ida; and Brunswick, Georgia. As a scholastic also president of the Greater Kansas City salute the life of a good friend and great public theologian, Rev. Hartsfield serves on the Chapter of Operation PUSH, an organization servant. William E. McAnulty, Jr., lost his bat- board of directors at the Morehouse School of dedicated to the promotion of religious and so- tle with lung cancer on August 23. His passing Religion in Atlanta, Georgia, in addition to cial development and human rights. marks the culmination of an incredible life: the serving as an adjunct professor of the Central While his long list of accolades helps detail son of an Indiana mailman became the first Baptist Theological Seminary in Kansas City, his many great talents and achievements, it African American to be elected to the Ken- Kansas. He is affectionately referred to as the remains only a small sampling if one tries to tucky Supreme Court. ‘‘Dean of Kansas City’s ministers’’ by all de- understand the deeply positive and vast im- He will be missed not only by his wonderful nominations. A friend and honored minister, I pact Reverend Hartsfield has so generously family—wife Kristi, sons Patrick and William have dubbed Dr. Hartsfield the ‘‘Godfather of imparted to his neighbors. He is named ‘‘One III, daughters Katheryn and Shannon, and fa- Preachers’’ because of his vast ministerial of the Top 50 Ministers in America’’ by ther William E. McAnulty—but by legions of knowledge and oratorical skills. Upscale magazine of Atlanta, Georgia. As a friends and admirers who loved him for his in- Reverend Hartsfield celebrated his 50th local minister, he has received the One Hun- credible wit, his lively intelligence, and his un- wedding anniversary with his wife Matilda dred Most Influential Award from the K.C. wavering commitment to justice throughout so- Hopkins on August 28. They are the proud Globe newspaper, the Greater Kansas City ciety. parents of four children, Pamela Faith, Danise Image Award from the Urban League, and the Bill, or Judge Mac as he was belovedly Hope, Ruby Love, and Wallace S. Hartsfield II. Minister of the Year Award from the Baptist known, was born in Indianapolis in 1947. He Shining brightly as an example of unwaver- Ministers Union of Kansas City. As a public received his B.A. from Indiana University and ing open-mindedness, commitment, and heart- servant, a role inexorably intertwined with his both his masters and J.D. degrees from the felt participation within his national community, role as a minister, he received the Public University of Louisville. He was first elected to Reverend Hartsfield has revealed himself as Service Award from the Ad Hoc Group Against the bench in 1975 as a judge in Jefferson the quintessential citizen of both our American Crime, the Role Model for Youth Award from County Juvenile Court. Two years later he and world populations. The honor owed to this Penn Valley Community College, and the was elected to the Jefferson County District great leader and devoted man of profound Community Service Award from the city of Court, and then he was selected by Kentucky faith reaches beyond our local, state, and na- Kansas City, Missouri, to name only a few. Governor John Y. Brown, Jr., to serve as Sec- tional levels and touches our wider inter- Having personally been influenced and en- retary of the Justice Cabinet in 1980. national community, just as he has sought to couraged by his generosity, compassion, and Following his service in Frankfort, Bill was touch all of those he has met wherever he myriad successful endeavors throughout his once again elected to the bench, this time to goes. He has fought tirelessly to promote, pro- career, I find it among the greatest honors and the Jefferson Circuit Court, where he served tect, and ensure civil rights and civil liberties opportunities to acknowledge and celebrate until 1998, when he became the first African for African Americans and other minorities the great victories of Reverend Hartsfield as American to be elected to the Kentucky Court throughout our great nation during its most he prepares to enjoy the next stage of his life, of Appeals. shameful hours of injustice. He remains a retirement from the vocation of compassion he In June, 2006, McAnulty was appointed by member of the Alpha Phi Alpha Fraternity, so joyously fills and will continue to fulfill in a Governor Ernie Fletcher to succeed Justice Inc., the first intercollegiate Greek-letter frater- new capacity. Martin E. Johnstone, who was retiring. Then nity created for African Americans. As a pro- Madam Speaker, please join me in express- last fall, he was elected to that post. While he lific and dynamic speaker, he has often been ing our appreciation to my dear friend, Rev- tried to play down the significance of being the asked to serve as a guest speaker for lectures erend Doctor Wallace S. Hartsfield, Sr., for his first African American to serve on the Su- at colleges, universities, and seminaries locally loving ministry and limitless dedication to serv- preme Court, he was well aware of what his and internationally, including as far from home ing the residents of Kansas City, the State of accomplishment meant. Upon his swearing in, as Australia. In 2006, he was selected as a Missouri, and the worldwide community. he said that other African Americans ‘‘will un- member of an inter-denominational group and Strong, sustainable societies are built upon a derstand this door is open and they are able met with Turkish officials to tour the country foundation of goodness and devotion. It is our like any other lawyer or judge to enter.’’ and broaden international faith and community hometown heroes, like Reverend Hartsfield, But McAnulty was not like any other lawyer relations. the hallowed and benevolent, who ensure the or judge. He was universally recognized and In many diverse capacities, Reverend longevity of, and strengthen, our free and applauded for his fairness, his patience, and Hartsfield has guided his broader, national democratic way of life. May God continue to his disarming sense of humor. When he faith community throughout the entirety of his bless Reverend Hartsfield as he embarks learned that he had cancer that had spread to devotion as a minister. He is a former chair- upon a new journey of embracing and improv- his brain and was to undergo surgery, he said man of the Congress of National Black ing the lives around him. his only fear was that he would ‘‘wake up as Churches, representing over 65,000 churches Clarence Thomas or a UK fan.’’ with over 20 million members. Within the Na- f Justice McAnulty was frequently the recipi- tional Baptist Convention of America, Inc., he ent of professional honors, including the Henry served as a member on the Foreign Mission PERSONAL EXPLANATION V. Pennington Outstanding Judge of the Year Board, was secretary and treasurer of the Be- in 1997, awarded by the Kentucky Trial Attor- nevolent Board and Insurance Commission, is HON. CHRISTOPHER SHAYS neys. a former chairman of its Economic Develop- OF CONNECTICUT Unfortunately, no simple biography can ade- ment Commission, is former second vice IN THE HOUSE OF REPRESENTATIVES quately describe the person under the black president, and is currently vice president at- robe. Bill was one of those rare individuals Tuesday, September 18, 2007 large under the leadership of Dr. Stephen J. who was equally comfortable with princes and Thurston. Mr. SHAYS. Madam Speaker, on Sep- paupers, and who never thought about the dif- Our greater Kansas City and Missouri com- tember 17, 2007, my flight to Washington from ference. I was fortunate to know him for more munities stand stronger having been both New York was delayed and I missed 3 re- than 25 years, and most recently, as we both blessed with and built upon by a cornerstone corded votes. campaigned last year, I saw firsthand how as unshakable and committed as Reverend I take my voting responsibility very seriously deeply he cared about the least among us, Hartsfield. He was at the forefront of success- and had I been present, I would have voted and how steadfast was his commitment to ful efforts to construct low income, 60 unit ‘‘no’’ on recorded vote No. 867, ‘‘yes’’ on re- combat injustice wherever he saw it. housing developments known as the Metro- corded vote 868, and ‘‘yes’’ on recorded vote I know he would have seen some kind of politan Homes, located near the Linwood 869. cosmic irony in the fact that his crowning

VerDate Aug 31 2005 05:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A18SE8.031 E18SEPT1 cnoel on PRODPC60 with REMARKS_CN September 18, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E1913 achievement would have ended so quickly, but tate the perpetuation and preservation of Alas- FRIDAY NIGHT LIGHTS while his tenure on the Kentucky Supreme ka Native culture and history. Moreover, selec- Court was short, his legacy to Kentucky justice tion from the withdrawal areas would not allow HON. TED POE will endure forever. Sealaska to meet the purposes of ANCSA—to OF TEXAS f create continued economic opportunities for IN THE HOUSE OF REPRESENTATIVES the Native people of Southeast Alaska. Fur- Tuesday, September 18, 2007 INTRODUCTION OF SOUTHEAST ther, more than 40 percent of the original with- ALASKA NATIVE LAND ENTITLE- drawal areas are salt water and, therefore, not Mr. POE. Madam Speaker, according to MENT FINALIZATION ACT available for selection. Darrel Royal, there are only two sports in Despite the small land base in comparison Texas—football and spring football. In coffee HON. DON YOUNG to all other Regional Corporations, Sealaska shops, barber shops and even in the beauty OF ALASKA has provided significant economic benefits to salons all across Texas, the talk is all the IN THE HOUSE OF REPRESENTATIVES not only Sealaska Native shareholders, but same—how’s the team gonna be this year? It’s that time of year, a time that folks in Texas Tuesday, September 18, 2007 also to the other Native Corporations throughout Alaska. Pursuant to a revenue sharing and across the south prepare for all year long. Mr. YOUNG of Alaska. Madam Speaker, I, provision in ANCSA, Sealaska distributes con- Football in Texas is its own religion, where along with my distinguished colleagues, Mr. siderable revenues derived from its develop- even your preacher cuts the sermon short on PALLONE, Mr. KENNEDY, Mr. ABERCROMBIE and ment of its natural resources—more than $300 Sundays to get you home in time to watch the Mr. FALEOMAVAEGA, introduce today the South- million between 1971 and 2005—to the other game. Nowhere else on earth will you find a east Alaska Native Land Entitlement Finaliza- Native Corporations. Unless it is allowed to culture so wrapped up in football like we are tion Act. This legislation will redress the in- select land outside of the designated within Texas. equitable treatment of the Native Regional drawal areas, Sealaska will not be able to se- Proud Texans naturally believe everything is Corporation for Southeast Alaska—Sealaska lect land that would allow it to maintain its ex- bigger and better in Texas—and that’s be- Corporation—by allowing it to select its re- isting resource development and management cause it is. And like most fathers, I am a maining land entitlement under Section 14 of operations, or provide continued economic op- proud dad. My son Kurt started playing foot- the Alaska Native Claims Settlement Act, portunities for the Native people of Southeast ball when he was 8 years old and I have ANCSA, from designated Federal land in Alaska and economic benefits to the broader watched him play every game from pee-wee Southeast Alaska. Alaska Native community through the revenue football in Humble, Texas until he took the Congress enacted ANCSA in 1971 to recog- sharing requirements under ANCSA. field wearing the purple and white of my alma nize and settle the aboriginal claims of Alaska The legislation presents a solution that mater, Abilene Christian University. Natives to the lands that Alaska Natives had would allow Sealaska to complete the convey- Throughout school, Kurt played quarterback. used since time immemorial for traditional, cul- ance of its land entitlement and enable the Quarterback is one of those positions that is tural, and spiritual purposes. ANCSA allocated Federal Government to complete its statutory tough on parents—it’s all the frame or all the 44 million acres and nearly $1 billion to Alas- obligation to the Natives of Southeast Alaska, blame. Every time I saw him take the field ka’s Native people, to be managed by the 12 as promised under ANCSA. The elements of wearing number 3, I saw that same little 8- Regional Corporations, including Sealaska, the legislation include the following: year-old boy full of determination. It was that and more than 200 Village Corporations. very determination that led to him walking on Sealaska would be authorized to select its While Sealaska is one of the Regional Cor- at ACU and earning a spot as a safety and remaining ANCSA land entitlement from a porations with the largest number of Native becoming an Academic All Conference player. pool of land outside the existing withdrawal shareholders, with 21 percent of all original With this new position, came a new prayer for areas established in ANCSA, a majority of Native shareholders, Sealaska received the the Poe family. The word ‘‘interception’’ took which is on existing forest service roads which smallest Regional Corporation land settle- on a whole new meaning for us. has second-growth timber land. ment—less than 1 percent of the total of all I was a judge during that time and I would Sealaska would be authorized to use a ma- ANCSA lands. head out on Friday nights after court and drive jority of its remaining entitlement for economic ANCSA declared that the land settlement all night to towns such as Kingsville, Canyon, development opportunities that would benefit ‘‘should be accomplished rapidly, with cer- Wichita Falls, Commerce, Las Cruces, New its shareholders, the Southeast Alaska econ- tainty [and] in conformity with the real eco- Mexico, and Ada, Oklahoma, and of course, omy, and Native shareholders throughout nomic and social needs of [Alaska] Natives Abilene, to get there for Saturday’s game. Alaska. ...’’ However, after more than 35 years There is nothing more fun that being in a sta- since the passage of ANSCA, Sealaska has The legislation would also allow Sealaska to dium on that first crisp fall weekend and see- still not received conveyance of its full land use a portion of its remaining entitlement for ing your team, and your son, take the field to entitlement. As a result of its small land enti- sites with sacred, cultural, traditional, or his- thousands of college fans chanting: W–I–L–D– tlement, it is critical that Sealaska complete its toric significance and for remote Native Enter- C–A–T–S, purple, white, purple, white, fight, remaining land entitlement under ANCSA in prise sites with traditional and recreational use fight, fight! order to continue to meet the economic, social value. Texas football is that of legend and legacy. and cultural needs of its Native shareholders, The legislation would allow the lands re- It has spawned books, movies, and a TV se- and of the Native community throughout maining in the withdrawal areas to remain in ries. A look into a way of life that is so unique, Alaska. public ownership, almost all of which are so Texan. It’s the Junction Boys, the Tyler The Bureau of Land Management projects roadless areas, old-growth timber lands, or Rose, the last minute touchdown run by Vince that Sealaska is entitled to receive between land with important public interest value. Young of Texas against USC in the Rose 355,000 and 375,000 acres pursuant to I thank my colleagues and urge your sup- Bowl National Championship game—I was ANCSA. To date, 35+ years after ANCSA’s port for this important legislation for the Native there by the way with my son Kurt. What a enactment, Sealaska has secured conveyance people of Southeast Alaska. game. What a memory. of 290,000 acres. Accordingly, there are up to Yes, Texans love their football—right down 85,000 acres remaining to be conveyed. f to the names they choose for their children to ANCSA, however, limits Sealaska land selec- PERSONAL EXPLANATION the cars they buy. I am sure there is some big tions to withdrawal areas surrounding certain executive up in Detroit wondering why they Native villages in Southeast Alaska. The prob- have to send so many maroon pickups to lem is that there are no lands remaining in HON. JULIA CARSON Texas. We may not have too many fall wed- these withdrawal areas that meet Sealaska’s OF INDIANA dings on Saturdays, because they conflict with traditional, cultural, historic, or socioeconomic IN THE HOUSE OF REPRESENTATIVES college football, but I am willing to bet that you needs, and certain of those lands should more have been to a wedding where the new Mr. Tuesday, September 18, 2007 appropriately remain in public ownership. The and Mrs. took off down the aisle to the ‘‘Eyes selection limitations preclude Sealaska from to Ms. CARSON. Madam Speaker, on Mon- of Texas’’ or got a big ‘‘Whoop!’’ after the using any of its remaining ANCSA land settle- day, September 17, 2007, I was unable to preacher declared them husband and wife. ment to select places of sacred, cultural, tradi- vote on rollcall Nos. 867, 868, and 869. Had Now I am not one to say that we don’t love tional, and historic significance located outside I been present, I would have voted ‘‘yes’’ on our Texans and Cowboys. A smile still comes the withdrawal areas that are critical to facili- each of these measures. across my face when I think of the Astrodome

VerDate Aug 31 2005 05:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A18SE8.034 E18SEPT1 cnoel on PRODPC60 with REMARKS_CN E1914 CONGRESSIONAL RECORD — Extensions of Remarks September 18, 2007 and those Luv Ya Blue days. But, professional During his time in the Naval Reserves, Nick through an intense program of training and re- football today just doesn’t have that same thrill held various positions, including: administra- habilitation. The ranch also employs about 35 and excitement anymore. Sure, maybe up tion officer, training officer, executive officer, Garfield County residents. The Turn-About North it does since they don’t have high and eight additional commanding officer posi- Ranch has strong support from the local com- school stadiums that hold 15,000 people, field tions. In 1985, Nick was named an engineer- munity, and the Garfield County Commission, turf, jumbotrons and the caliber of coaches ing duty officer, and finally, in 1995, he was as well as approval from the parents of the and players we have in Texas. promoted to the esteemed rank of captain. troubled youth. But it’s not just the facilities, what makes the While serving in his capacity as a captain, a The government-owned land administered game so special is the atmosphere of it all. It’s position he held until his retirement from the by the BLM surrounds the congressional ac- the band, the drill team, the cheerleaders, the Navy Reserves in June 2004, Nick also tion by passing this legislation in Congress. moms selling T-shirts, the school clubs hang- served as an explosive safety chief inspector. The land was historically used for agriculture ing banners—the whole atmosphere is what While he has served his country and com- and grazing purposes. The Townsend family makes the game great. The whole community munity in various capacities throughout his purchased the ranch and then leased the land comes together, people from all walks of life lifetime, Nick came to be known for not only to the Turn-About Ranch, Inc., for the sole get together every weekend and share in the his wisdom and his willingness to serve oth- purpose of rehabilitating the troubled youth, tears and cheers and root for their team to vic- ers, but also for his strong work ethic, a trait and restoring the values and self-esteem of tory. he undoubtedly developed during his career at these wayward teens. So this weekend and every weekend in the Inland Steel, later Ispat Inland Steel. For over Madam Speaker, this legislation is a fair fall, Texas families put on school colors and 26 years, Nick served in capacities ranging resolution to a technical problem. The Senate head to the game. They grab some hot dogs from assistant engineer to section manager. Energy Committee staff has expressed sup- and a coke and take part in one of Texas’s Following his retirement from Ispat Inland port for solving the problem, and the commu- finest traditions. You see some of those folks Steel in 2001, he went on to work as a project nity is eager for this legislation to be passed. that you went to high school with and some of manager and engineering consultant with Su- I hope Congress can implement this legislation the same old guys sitting in the same seats perior Engineering from 2001 to 2007. In Sep- and resolve this problem to continue helping they were in 20–30 years ago. The players, tember 2007, Nick accepted a position as our troubled adolescent teens. the coaches, the trainers, the cheerleaders, vice-president of operations with Zimmerman f the drill team and all those people that volun- and Jansen, a company located in Humble, teer their time to support the kids are all part Texas. While he will surely be missed in north- INTRODUCTION FOR H.R. 3565, RE- of the excitement. Football in Texas is some- west Indiana, his efforts and the impact he QUIRING RATE INTEGRATION thing special. It’s the Texas Religion. has had on the lives of many students in the FOR WIRELESS COMMUNICA- And That’s Just the Way It Is. First Congressional District are to be admired. TIONS f I am sure Nick will continue to share his vast knowledge with prospective academy students HON. MADELEINE Z. BORDALLO TRIBUTE TO CAPTAIN NICK in his new location, and I wish him well on his OF GUAM ANDRYUK endeavors. IN THE HOUSE OF REPRESENTATIVES Madam Speaker, Captain Nick Andryuk is a Tuesday, September 18, 2007 HON. PETER J. VISCLOSKY friend who has selflessly given his time and OF INDIANA efforts to the young men and women of the Ms. BORDALLO. Madam Speaker, I rise IN THE HOUSE OF REPRESENTATIVES First Congressional District, and he has today to reintroduce legislation that will require rate integration for wireless interstate toll Tuesday, September 18, 2007 served his country with the utmost eagerness and dedication as a member of the Armed charges. Specifically, this legislation, H.R. Mr. VISCLOSKY. Madam Speaker, it is with Forces. At this time, I ask that you and all of 3565, would amend Section 254(g) of the great honor and gratitude that I stand before my distinguished colleagues join me in com- Communications Act of 1934, as amended by you today to recognize one of northwest Indi- mending him for his lifetime of service and the Telecommunications Act of 1996, to pro- ana’s most dedicated, distinguished, and hon- dedication, and I ask that you join me in wish- vide for rate integration of wireless long dis- orable citizens, Captain Nick Andryuk. I have ing him the best of success, health, and hap- tance service within the United States, includ- known Nick for many years, and he is one of piness in the years to come. ing the territories. This legislation, if enacted, the most passionate and involved citizens that would require uniformity in rates charged by f I have ever known, especially when it comes cellular phone and other wireless service pro- to serving his country and to serving the INTRODUCTION OF THE TURN- viders for calls and communications to and young men and women of the First Congres- ABOUT RANCH IN GARFIELD from Guam within the United States. sional District. Since the mid–1970’s, Nick has COUNTY, UTAH, BILL Section 254(g) directs the Federal Commu- served the youth of the First Congressional nications Commission (FCC) ‘‘to adopt rules to District. Since 1985, he has done so as a HON. JIM MATHESON require that the rates charged by providers of member of my Military Academy Board. Dur- OF UTAH interexchange telecommunication services to ing this time, Nick has been a constant source IN THE HOUSE OF REPRESENTATIVES subscribers in rural and high cost areas shall of knowledge and insight for students inter- be no higher than the rates charged by each ested in attending the Merchant Marine Acad- Tuesday, September 18, 2007 such provider to its subscribers in urban emy and all other military academies. Re- Mr. MATHESON. Madam Speaker, I rise areas.’’ cently, Nick informed me that he will be leav- today to introduce legislation that would cor- Pursuant to Section 254(g), the FCC pro- ing northwest Indiana and relocating to Texas. rect a drafting error that involves a 25-acre mulgated a regulation (FCC Order 98–347) to Nick Andryuk was born and raised in Brook- parcel of Bureau of Land Management (BLM) cover Commercial Mobile Radio Services lyn, NY. Following his graduation from Brook- land, and land that is part of the Turn-About (CMRS) as an interexchange service. CMRS lyn Technical High School in 1974, where he Ranch, which rehabilitates troubled youth. includes Personal Communications Service studied structural design, Nick chose to attend An erroneous survey in January 1999 was (PCS) and cellular services. In defense of their the United States Merchant Marine Academy, the cause of this trespass conflict when Con- Order, the FCC noted that ‘‘if Congress had where he earned a bachelor of science degree gress approved a major land exchange (P.L. intended to exempt CMRS providers, it pre- in marine engineering with a minor in nuclear 105–335) between the state of Utah and the sumably would have done so expressly as it engineering. Upon his graduation, Nick was border of the Grand Staircase Escalante had done in other sections of the [1996 Tele- commissioned as an ensign in the Naval Re- (GSE) Monument. This legislation makes a communications] Act.’’ serves, specializing in surface warfare. Always minor boundary change to resolve the tres- The United States Court of Appeals for the seeking to broaden his horizons, Nick would pass conflict. It would grant the owners of the District of Columbia Circuit, however, subse- continue his educational and occupational pur- ranch the right to purchase the erroneously quently vacated FCC Order 98–347, by ruling suits over the years to amass an impressive surveyed land at a fair market value, enabling that interexchange telecommunication services r´esum´ e, which includes a master’s degree in this important and effective program for trou- do not encompass CMRS. In its ruling, the business administration from Indiana Univer- blesome youth to continue unimpeded. Court cited the phrase ‘‘interexchange tele- sity Northwest and a Professional Engineering The Turn-About Ranch has graduated ap- communications service’’ contained in Section License from the State of Indiana. proximately 500 troubled and at-risk teenagers 254(g). Since wireless telecommunications

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technically do not use exchanges, the Court KENDRICK MEEK to introduce legislation to FINAL POST held that ‘‘it is by no means obvious that the honor the achievements of Captain Antonio Congress, when it used a phrase in which the Barrington Irving, the youngest pilot and first HON. CORRINE BROWN word ‘interexchange’ is an essential term, was person of African descent to fly solo around OF FLORIDA referring to CMRS.’’ the world. The historic achievements of this IN THE HOUSE OF REPRESENTATIVES It is, therefore, unclear from the language of dedicated young man are worthy of the utmost Tuesday, September 18, 2007 the statute whether section 254 applies to respect and recognition by this great Con- Ms. CORRINE BROWN of Florida. Madam wireless services. Section 254 does not in- gress. I urge my colleagues to join me in com- Speaker, I rise today to bring to the attention clude specific language regarding its applica- memorating his achievement and encouraging of the Members of the House of Representa- bility to wireless services. Nor does it specifi- youth to pursue careers in aviation. cally exclude such services. Moreover, the tives and the American public an article written legislative history of Section 254(g) is not in- Barrington Irving was born in Kingston, Ja- by Chris Raymond for the The Director maga- structive as to Congress’ intent regarding the maica in 1983 and soon after moved to Miami, zine. The article is a great description of what applicability of the rate integration requirement FL. When Irving was 15 years old, he met goes on at The Port Mortuary at Delaware’s to wireless services. Captain Gary Robinson, a Jamaican airline Dover Air Force Base, the first stop on the Ambiguity in the law therefore exists. As a pilot who invited Irving to tour a Boeing 777. final journey for those who have given their life result, cellular customers are subject to vary- After this inspirational experience, Captain in defense of this Nation. ing rates for calls made within the United Robinson became a lifelong mentor, inspiring [From The Director, July 2007] States. This is particularly evident with respect Irving to fly one day himself. Enduring the FINAL POST to rates assessed to calls made to Guam and challenges of growing up in inner-city Miami, (By Chris Raymond) to the other U.S. territories under service Irving never let his dreams of becoming a pilot The Port Mortuary at Delaware’s Dover plans offered to cellular customers within the be stifled. Irving worked miscellaneous jobs to Air Force Base exemplifies this nation’s 48 contiguous states of the United States. save for lessons and diligently practiced on a highest ideals and those underlying the fu- Again, the Telecommunications Act of 1996 home computer flight simulator. Irving also vol- neral service profession as it cares for the requires rate integration for noncellular, men and women that sacrifice their lives in unteered quite frequently in his community defense of our country—Chris Raymond. landline communication services. The legisla- and eventually earned a joint Air Force/Florida Show me the manner in which a nation tion that I have reintroduced today would sim- Memorial University Flight Awareness Scholar- cares for its dead, and I will measure with ply extend this same requirement to wireless ship to study aviation and take professional mathematical exactness the tender mercies communications. flying lessons. of its people, their respect for the laws of the Rate integration for wireless interstate toll land and their loyalty to high ideals—Wil- charges is important to businesses and indi- Madam Speaker, Irving took tremendous liam Gladstone, British Prime Minister. viduals located on the U.S. mainland who en- steps to pursue his dreams in aviation while On this night, the bodies wait quietly in still a student at Florida Memorial University. the darkness, their caskets in a long line, po- gage in regular and reoccurring voice commu- sitioned with military precision before a nication with other businesses and contacts lo- In 2003, he contacted companies, including the aircraft manufacturer Columbia, which large steel garage door. A massive U.S. flag, cated in the offshore territories. Family mem- perhaps 30 by 20 feet, hangs silently above bers and friends are among the customers agreed to provide him with a plane to fly them. In the morning, this flag will offer one who are assessed higher and different rates around the world if he could secure donations final salute to each fallen soldier as the staff for cellular calls made to Guam or to the other and components. Over several years, Irving of the Dover Air Force Base Port Mortuary territories. These differences in wireless rates visited aviation trade shows throughout the drapes each casket with a smaller American exist despite the fact that the U.S. territories country and secured more than $300,000 in flag, a stack of which hang ready on a rack cash and donated components for a Columbia near the exit for this purpose, before care- are included in the North American Numbering fully wheeling each outside onto a broad ce- Plan, the numbering plan for the Public 400, one of the world’s fastest single-engine ment landing. From there, vehicles will Switched Telephone Network of the United piston airplanes. transport each of these meticulously, lov- States. On March 23, 2007, Irving embarked from ingly prepared men and women to the planes This legislation would bring the uniformity Miami, FL, on a 24,600-mile flight around the that will fly them home to their grieving and fairness in rates desired by those con- families and the military honors each has world in an airplane named ‘‘Inspiration.’’ He earned. sumers located on Guam who aim to keep in was 23 years of age while still a senior major- regular contact with relatives, friends, and as- On March 23, 2007, U.S. Army Sergeant ing in aerospace at Florida Memorial Univer- First Class Cedric Thomas kneeled before sociates who reside in other parts of the sity at the time. Irving traveled the world as an the simple urn containing the cremated re- United States through the latest technology. ambassador of aviation, teaching young peo- mains of U.S. Army Specialist Ross Additionally, as technology in telecommuni- ple in 27 cities about opportunities in aviation McGinnis during his funeral at Arlington Na- cation advances, laws should be updated and and the importance of academics. He returned tional Cemetery. Resting his hand atop the developed to keep pace. This legislation would urn, Thomas, wearing his full uniform, hung from his journey on June 27, 2007, concluding update existing law to take into account ad- his head for a few moments, saying his silent his flight in Miami, FL. vances in and the popularity of wireless tele- goodbyes, lost in his thoughts. Rising, communications since enactment of the Tele- Impressively, even before his around the Thomas offered one final salute to the 19- world flight, Irving founded the non-profit orga- year-old who sacrificed his life so he could communications Act of 1996. The legislation live. would do so in a manner consistent with both nization Experience Aviation, Inc. to address A few months earlier, on December 4, 2006, a previous, but vacated, FCC Order and with the significant shortage of youth pursuing ca- McGinnis manned a machine gun atop a rate integration requirements applied to other reers in aviation and aerospace. This non- Humvee as he, Thomas and three other sol- more traditional telecommunication tech- profit has been extremely effective in gar- diers patrolled the streets of Adhamiyah, nology. nering widespread community support and Iraq. From a rooftop, an enemy insurgent I look forward to addressing the issue of sponsorship to expose youth and underrep- tossed a grenade at their truck. Whizzing rate integration for wireless services as part of past McGinnis, the grenade fell through the resented groups to opportunities in aviation. Ir- Humvee’s hatch and lodged next to a radio. any legislative effort to reauthorize the Tele- ving continues to be dedicated to his commu- According to a later account written by Rod- communications Act of 1996. nity after his around the world flight and tire- ney Sherman and published in The Clarion f lessly works to inspire those around him to News, Thomas recalls McGinnis shouting to reach for their dreams. his four comrades: ‘‘Grenade! It’s in the INTRODUCING A RESOLUTION TO truck!’’ HONOR BARRINGTON IRVING Madam Speaker, this young man embodies Thomas also told the newspaper, the perseverance and dedication necessary to ‘‘[McGinnis] had time to jump out of the HON. ALCEE L. HASTINGS truly pursue one’s dreams. Barrington Irving truck.’’ realized those aspirations and deserves ac- McGinnis did not desert his comrades, OF FLORIDA knowledgement for continuing to inspire so however. Instead, he jumped through the IN THE HOUSE OF REPRESENTATIVES hatch and threw his body atop the grenade. many. I urge my colleagues’ support for this Tuesday, September 18, 2007 Upon detonation, McGinnis died instantly. resolution as we work to demonstrate what While wounded, the four other soldiers sur- Mr. HASTINGS of Florida. Madam Speaker, can be achieved if you never let go of your vived, thanks entirely to the heroic action of I rise today with my good friend Congressman passion and commitment to the community. a teenager from Knox, Pennsylvania.

VerDate Aug 31 2005 05:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A18SE8.042 E18SEPT1 cnoel on PRODPC60 with REMARKS_CN E1916 CONGRESSIONAL RECORD — Extensions of Remarks September 18, 2007 U.S. Army Specialist Ross McGinnis has ity looked like a ‘‘warehouse’’ after the at- whatever is necessary to afford every sur- been posthumously nominated for receipt of tention given by the nation to victims of the vivor with whatever comfort they require, the Medal of Honor, the nation’s highest 9/11 terrorist attack on the Pentagon. Even if for however long it takes. military award and an honor bestowed upon only one grieving family visits the Dover fa- The new Port Mortuary at Dover Air Force only 3,460 other members of the U.S. armed cility each year, these powers realized that Base was designed for both war- and peace- services since its inception shortly before this family deserves to know that their son time. Given the U.S. military presence in the Civil War. During his funeral at Arling- or daughter received the highest level of care Iraq, the facility obviously now operates on ton, McGinnis received full military honors and respect, something the ad hoc nature of a wartime status, and Zig and roughly a as three of the four people he saved in the the former facility did not convey. dozen others work at the mortuary full-time. Humvee that day paid their respects, after Subsequently, Congress authorized the ap- When the volume of deceased military per- receiving special permission to attend the propriation of $30 million for design and con- sonnel threatens to grow greater than this funeral before returning to the war zone. struction of the present Dover Port Mor- crew can handle—which they can generally Undoubtedly, the staff of the Dover Port tuary installation. No other mortuary anticipate courtesy of CNN within 48 hours— Mortuary prepared the remains of U.S. Army ‘‘model’’ to emulate existing anywhere else Dover activates other professionals from Specialist Ross McGinnis during his journey on earth, Zig and his staff helped shape the within the military, as well as civilians, to home and before his ultimate interment at ultimate design and function of the current assist. Arlington because Dover processes all of our facility—the Charles C. Carson Center for The process of caring for a fallen soldier is deceased soldiers. Yet, despite his heroism, Mortuary Affairs. As the tour progressed, I extremely complex, but the Port Mortuary has an amazing system in place and contin- not one of the roughly 1,200 other military would grow to appreciate the government’s ually strives to handle each case more effec- dead that Dover handles each year receive wisdom of listening to the practitioner’s tively. Medical examiners want each body any less care, respect and honor than point of view because every detail in the new returned from the field of battle almost ex- McGinnis did—regardless of rank and regard- facility—from the choice of equipment to the actly as each man or woman fell, without less of chosen method or location of inter- layout of the building itself—reflects the expertise and experience of people that know any live ammunition or grenades, in order to ment. determine if gear improvements are possible That is simply how the Dover Port Mor- how to care for the dead while also serving to save future lives. This possibly overlooked tuary operates, every day. the living. A long bus ride from Washington, DC, to After fielding our many initial questions, attention to detail recently resulted in an Dover, Delaware, eventually delivers me at a Zig beckons the group to walk around behind advancement in each soldier’s body armor when Dover’s personnel noticed a growing security checkpoint just within the fenced- the incident display in the lobby. While cer- number of deaths due to neck wounds. Insur- in, razor-wired confines of Dover Air Force tainly not hidden in any way, I am amazed gent snipers had identified a vulnerability in Base. After spending more than two hours to discover a large, comfortably appointed American military armor—the exposed chatting with the entire NFDA Executive atrium just beyond. A soaring glass canopy neck—and consciously aimed their rifles at Board, staff members Christine Pepper, John overarches many ornamental trees and this spot. Because the staff at Dover recog- Fitch and Lesley Witter, and former NFDA colorful flowers and plants surrounding a nized this, however, American forces now At-large Rep. Charlie Hastings, who orga- central bubbling water pond. The effect is wear a neck collar, saving an untold number nized this private tour in his home state, the soothing, even comforting, and again reflects of lives. the practitioner’s insight: serving the living. onboard appearance of a military official de- The grim fact remains, however, that the Along the perimeter of the atrium, I notice manding we surrender our drivers licenses Port Mortuary at Dover exists primarily to suddenly sobers me. numerous offices, some labeled ‘‘Coun- process those that die defending our country. ‘‘Oh yeah,’’ I recall. ‘‘Several months ago, seling,’’ ‘‘Chaplain’’ or ‘‘Meditation.’’ This begins with the transportation of each Zig leads us to the Escort Briefing room. I had to provide my Social Security number body from overseas to another large cement Inside, set up for the next morning, nine so Dover could conduct whatever background area at the rear of the facility. Transported chairs at one end of the room hold green checks it requires.’’ within aluminum transfer cases, the remains Suddenly, the serious nature of an entirely folders and clear-plastic bags. On each fold- arrive encased in ice and in great condition, different way of life floods my thoughts. This er, the name of a deceased soldier. Within usually within 48 hours of death. Again, I is no tour-bus lark to visit the sights of Ni- each bag, their personal effects. Suddenly, feel impressed and oddly proud when Zig re- agara Falls or the Grand Canyon, a feeling the body count in Iraq I hear each morning lates the solemnity with which Dover’s staff reinforced when I see a massive steel barrier on my local news becomes personal. Those receives each case. These are no mere fac- descend into the ground so the bus can pass are more than just numbers; each represents tory workers handling anonymous, insignifi- after receiving clearance. someone’s child, spouse, sibling, friend. And cant packages along some conveyor belt, I Stepping off the bus, I enter a modern, re- nine more of them or their representatives think. cently built facility. As the group gathers will sit in these chairs tomorrow with the Moreover, despite helping to design and within the lobby, I gaze at a massive, curved pain of loss numbing their senses and try to build a state-of-the-art facility, Zig acknowl- display just inside, constructed of polished follow the details about a far-away incident edges that there is always room for improve- gray stone and inscribed across the top with that took their loved ones as they view in- ment in the care he and his staff provides. the words ‘‘Dignity, Honor and Respect.’’ formation projected from a laptop computer Thus, their practitioner-practical sugges- The sound of falling water fills my ears from onto a screen at the front of the room. Some tions have also resulted in several innova- somewhere nearby as I read the many panels will find comfort in such knowledge. Others tions—most of them little things with pro- beneath these words, each listing an ‘‘inci- will caress perhaps the odd personal effect found impact. The aluminum transfer cases, dent’’ and the number of dead the Dover Port found in one of the plastic bags. A comb. A for instance, once bore only two handles Mortuary handled each time, dating back to calling card. A tattered photo. Still others along each long side, forcing several pall- the 1960s. The astronauts of space shuttle will hear or see nothing, numb from the im- bearers to ‘‘pretend’’ to carry each case and, Challenger; the victims of the Jim Jones mediacy of forever-loss. frankly, forcing others to handle by them- tragedy in Guyana in the late 1970s, when I The roughly 12 people working full-time at selves a heavy load. Because Zig suggested was a kid; many soldiers from Desert Shield/ Dover understand this, however. For them, adding a few more handles to each case, Desert Storm; the remains of Lt. Michael the true essence of what funeral directing is these reused transfer cases (once sterilized) Blassie, the unidentified Air Force pilot rep- all about reigns paramount, which has noth- now sport the necessary number of handles. resenting the Vietnam War at the Tomb of ing to do with ‘‘efficiency’’ or ‘‘volume’’ or Dover’s staff also suggested adding insula- the Unknowns for 14 years until his identi- getting one family ‘‘out’’ because another is tion to the inside of each transfer case to im- fication in 1998 and reinterment; the soldiers scheduled to arrive in 15 minutes—the prove the cooling power of the ice preserving that died during the failed attempt to rescue buzzwords too often filling The Director and the remains during their journey to Dover. the hostages in Iran during the Carter ad- your other trade publications. No, the Once received, the staff at Dover initiates ministration; and countless other members mantra of these dedicated men and women is a comprehensive system to track every as- of the U.S. armed services. consistency; the belief that every deceased pect of a body’s progress through the facil- A guy my age, dressed in a brown polo and armed services member passing through ity. Nearly 200 computers, utilizing a propri- multi-pocket khakis, begins addressing our their facility deserves complete, unwavering etary software program, gather and commu- group, welcoming us to Dover. Although Wil- adherence to the words inscribed atop the in- nicate with each other every detail con- liam Zwicharowski—‘‘Zig’’ as we would come cident display in the foyer: Dignity, Honor cerning each particular deceased soldier. to address him—is a licensed funeral direc- and Respect. Zig and his staff hold zero tol- Each transfer case is logged in electronically tor, I can immediately tell he is also mili- erance for even one ‘‘mishap.’’ As he would using handheld bar-coding units. (The reason tary; he stands ramrod straight even when later convey during the tour about Dover’s for this will become clear later in this arti- he’s being ‘‘casual.’’ Noting that the tour we meticulous handling of every soldier’s per- cle.) are about to receive is extremely rare given sonal effects: ‘‘It is not okay for us to say we At this point, each body is scanned in the the sensitive nature of Dover’s operations, ‘only lost one item last year.’ You try telling ‘‘EOD Room,’’ which checks for the presence Zig proceeds to explain that the present fa- that to a family.’’ of live explosive ordnance. Again, I begin to cility was built about three years ago. While Thus, whatever transpires within the Es- appreciate the serious nature of the work Dover’s mortuary operations date back dec- cort Briefing room the next morning, I know these people perform as I glance at the con- ades, some authorities felt the former facil- that these dedicated professionals will do struction of these twin chambers. The doors

VerDate Aug 31 2005 05:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\A18SE8.045 E18SEPT1 cnoel on PRODPC60 with REMARKS_CN September 18, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E1917 and walls consist of one-foot-thick, steel-re- cases, a full-body X-ray allows medical ex- ated with someone in their care despite the inforced concrete, which Zig tells me can aminers to reassociate a severed limb with a exhaustive efforts of its staff. A dime. Sev- withstand the blast of one pound of C–4 ex- torso by matching the ends of bones, joints, eral long-distance calling cards. Two dif- plosive. Later, I ask him why bodies aren’t etc. ferent photos of the same infant girl wearing scanned for dangerous ordnance before trans- Finally, Zig shows us one more high-tech a bright yellow dress. The combination to a fer to Dover. gizmo in this area of the mortuary: a GE Master Lock. Small stuff indeed, yet I sadly He smiles and says, ‘‘I wish I had a dollar ‘‘virtual autopsy’’ machine. Similar in ap- realize how significant the slightest of these for every time I hear that question... I don’t pearance (to my untrained eye) to a CAT- might prove to a grieving family. Shaking know.’’ scan device, this unit records digital infor- myself from my reverie, I again feel proud of Next, each body enters the ‘‘Photography/ mation about the decedent’s physiology in the lengths these people go to in order to Bar-coding’’ area. Here every aspect of the case it is needed. serve the living before setting off to find the deceased soldier whether consisting of a full We enter the ‘‘Autopsy Suite’’ next, a group. body or merely a body part—is digitally re- room even larger than the lobby we first vis- Entering the dressing area, I hear Zig ex- corded, assigned a unique bar code and ited. Late in the evening at this point, the plain the four stages of viewing that Dover tracked electronically. When/if a body’s work finished, the dozen or so autopsy sta- assigns to each case: a head wrap, a full viscera are removed, Dover even tracks them tions along the perimeter sit clean, spotless, wrap, viewable for ID, and viewable. Deaths to ensure their eventual return to the proper ready for whoever will need one next. involving mutilation of the entire body and Gazing about the room, I feel my hair tus- body. Such is the dedication Dover provides deemed unviewable receive a dignified full sled as I step into a breeze from overhead. to ensure that our country’s military dead wrap, and Zig demonstrated this process for Numerous vents pockmark the ceiling, their receive the mathematically exacting tender the group (without the presence of remains). louvers rattling, creating a state of constant mercies and loyalty to high ideals each has First, Dover staff cocoon the body or body white noise. Zig smiles, explaining the im- earned. part(s) in absorbent layers of cotton gauze Fingerprinting of the deceased occurs next, portance of proper ventilation in this room before wrapping it in plastic sheeting. Then performed entirely digitally in less than 10 and that the goal is ‘‘windy,’’ that the air is a crisp white cotton sheet shrouds the body minutes and again intended to ensure that circulated numerous times each hour and before a green Army blanket is wrapped no mistakes occur while each deceased sol- that it is ‘‘obviously not returned [to the around that. Finally, in such cases, the soldier remains entrusted to the care of Dover’s room].’’ dier’s uniform is placed on top of the fully staff. Offering another practitioner-practical The ‘‘Embalming Suite’’ is nearly identical wrapped body within a casket. suggestion, Zig notes that he also rec- to the previous room in terms of setup. Each ommends digital ‘‘foot printing’’ of each of the dozen or so stations sits neatly ready As I watch this demonstration, I sense that body. While yet uncommon, he explains that for use. Three Portiboy Mark V machines sit death from a bullet must prove easier to pre- the skin patterns on the bottom of our feet near each embalming table, as does a large pare, comparatively speaking, versus death are as unique as the pads on our fingertips, spool of wire, used to rewire skull fractures. caused by a roadside bomb or some other and while the latter is too often subject to Along one wall, shelves hold the requisite form of insurgent explosive device. I can nei- damage, the boots issued to military per- practitioner equipment: body bags, coveralls, ther imagine the horrors these people must sonnel afford excellent tissue preservation, pants, caps, personal protection equipment, witness nor fathom how they can handle even in cases involving fire, which can later all in a range of sizes. Above Embalming such, but the respect I hold for their profes- provide positive identification. Station #4, a large American flag hangs on sionalism is undeniable at this point. The sophistication of the equipment is im- the wall. In a cupboard rests a broad selec- ‘‘Uniform Prep’’ is the next area we visit. pressive, as is the networking that enables tion of embalming chemicals in a variety of Here, high Plexiglas shelving units, like you an operator to access pertinent information strengths from numerous manufacturers. might see in your local department store, at any time. In fact, this system even helped The choice of fluid type is up to each em- contain hundreds of uniform components— Zig identify from a small body part one of balmer, but Dover generally uses a weaker pants, shirts, ties, etc.—each in dozens of the terrorists that hijacked the plane that solution in the head and a strong mix in the sizes and representing every conceivable hit the Pentagon on 9/11. body because, as Zig says, ‘‘You never know military branch, as well as numerous Amer- Someone in the group asks what happened where a body is going.’’ ican flags. On racks located along one wall, to the terrorist’s body part. Was it returned? This comment might sound odd given all freshly pressed uniform jackets hang. Was it discarded? that the staff at Dover does to positively Two walls of this area display every con- A shadow passes across Zig’s face and his identify each body and/or body part, but it ceivable military medal, insignia, patch, gaze grows distant. ‘‘We decided we are bet- stems from the electronic bar coding noted stripe, bar and decoration you can name in ter than them,’’ he says quietly. ‘‘We re- earlier, revealing a second important reason plastic packages. John Fitch, a veteran of turned the body part in a casket to his for its use. Not only does this method accu- Vietnam, tells me that each military branch, homeland.’’ rately track every item associated with a de- each division, each unit, has its own spe- He leads us toward the next station within ceased soldier, but it also reinforces the cial—often unique—insignias, explaining the the mortuary, which focuses on dental staffs commitment to treating each case as vast array before us. The Dover Port Mor- records. As we walk down a hallway, I no- if it is the single most-important one that tuary strives in every case to prepare me- ticed a framed document on a wall: ‘‘Nerve each of these professionals will ever handle. ticulously, lovingly the remains of a fallen Agent Symptoms and Antidote.’’ Stripped of name and rank, digital bar cod- soldier as completely and as accurately as ‘‘Truly a different way of life,’’ I think ing ensures that every set of remains re- possible for the many grieving his or her again, not for the last time, before noticing ceives the highest level of dignity, honor and death. While these walls hold a tremendous 16 tan-plastic gurneys lined neatly along a respect. number of items to help them ‘‘get it right,’’ wall. I recall Zig mentioning earlier that at Before leaving this room, Zig further clari- Zig later states that Dover continually adds the start of the Iraq War, Dover utilized al- fies the Port Mortuary’s dedication to caring such items because it is nearly impossible to most everyone of its 75 gurneys. for the dead while serving the living by not- have all of them in stock, just in case. Within the Dental Station, another im- ing that every bright-red medical-waste box pressive device takes digital X-rays of each is X-rayed just in case some personal effect, Briefly, I find myself examining, fas- body. Again, because of the sophisticated such as a ring, is overlooked. Each box is cinated, the many rows of shiny decorations computer network at the Port Mortuary, then properly stored for 60 days, another pre- on these walls as if I’m some dopey tourist in personnel can quickly match these post- caution. This is also why each individual’s a souvenir shop debating which trinket to mortem scans with existing anti-mortem X- initial aluminum transfer case is bar coded purchase for the kids. Then the realization of rays, making positive identification possible upon receipt—in case the need arises to lo- where I am and the horrible, sad purpose of if not already verified in some other way. It cate a missing personal effect, which might these items breaks through my fog of denial was this device that helped the staff at have gone overlooked. and I feel ashamed. Dover identify one of the 9/11 victims from We visit the ‘‘Personal Effects’’ area next. Finally, we visit the areas where the staff only three teeth and a piece of the victim’s In one room, more than a dozen floor-to-ceil- prepares caskets and urns and gets each case jawbone. ing wire shelving units, each bearing five ready for transportation back to his or her Another method that Dover uses to iden- shelves, hold the electronically tracked per- family. The Dover Port Mortuary is almost tify the remains in its care involves a full- sonal effects of each person while he or she entirely self-sufficient, further testament to body X-ray. If a decedent remains unidenti- is prepared. Dover routinely cleans all per- its commitment to caring for the dead. Zig fied at this point, this X-ray enables medical sonal effects before returning them to fami- explains that Dover even engraves the name examiners to identify unique qualities with- lies. plates needed for urns, and will cremate a in the body, such as healed broken bones. By As the group quietly files out of the room body at its own facility if a family so desires, asking a family if ‘‘ ‘Johnny’ once broke his and toward the dressing area, two shelves at before summarizing that Dover handles ev- arm as a teenager,’’ Dover staff have another the back of the room catch my eye. Labeled erything but ‘‘sewing the stripes onto uni- tool that helps them make positive identi- ‘‘Disassociated P.E.,’’ I stand for a while, forms.’’ (I later discover that he isn’t kid- fication. alone, gazing at the small number of per- ding. Sewing duties required to meticulously It is important to remember, however, that sonal effects that arrived at Dover at some prepare a burial uniform remain the only too often, the body is not intact. In such point in the past that could not be reassoci- duty that Dover still outsources.)

VerDate Aug 31 2005 05:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A18SE8.048 E18SEPT1 cnoel on PRODPC60 with REMARKS_CN E1918 CONGRESSIONAL RECORD — Extensions of Remarks September 18, 2007 A large area at the rear of the facility gress progress made by the government of earning the title of ‘‘World’s Oldest Continuous holds the numerous caskets, urns and tem- Vietnam on these important matters. Rodeo.’’ Author Zane Grey, who idealized the porary containers Dover will need. The mor- I am concerned by reports the government ruggedness of the Old West, used Payson tuary stocks only one type of wood and one of Vietnam blocks the Radio Free Asia pro- type of metal casket, purchased from several and its surrounding areas for the backdrop manufacturers, as well as Jewish caskets and gramming. I fully support the provision in H.R. and inspiration for some of his literary works, even oversized caskets, testament again to 3096 to authorize appropriate efforts be made including ‘‘Code of the West,’’ ‘‘Under the its dedication to meeting the needs of each to overcome such interference. I also fully Tonto Rim,’’ and ‘‘To the Last Man.’’ unique case with the dignity, honor and re- support provisions in H.R. 3096 supporting the It was not until 1973 that Payson was incor- spect that each fallen soldier has earned. educational and cultural exchange programs porated, and since then it has grown to be- The average age of the 1,200 cases Dover’s with Vietnam to promote progress toward free- come a thriving community that anchors the Port Mortuary staff handles each year is 25. dom and democracy. area known as ‘‘Rim Country.’’ I would like to Despite the horrors of war, and thanks to the dedication, commitment and expertise of The protection of the human rights in Viet- applaud Payson for all of its achievements, this remarkable facility’s full- and part-time nam is particularly important to me and the recognize its distinct history, and congratulate employees, Dover returns these young loved people of Guam. The fall of the Republic of it on its 125th anniversary. This community ones to their grieving families in a state Vietnam in 1975 displaced approximately serves as a beacon for all other burgeoning suitable for viewing 85 percent of the time. three million Vietnamese. My late husband Ri- south Western communities to follow, and is (Again, it is crucial to understand that cardo J. Bordallo, then Governor of Guam, home to a people of deep community spirit ‘‘viewability’’ has a different meaning here welcomed the 150,000 Vietnamese refugees and fervent respect for their environment. versus that used in a typical funeral home. who landed on Guam’s shores in April 1975. Sadly, in some cases, only the decedent’s f head is viewable but not the body, or vice I vividly remember how the Guam community came together in solidarity with the Viet- VIETNAM HUMAN RIGHTS ACT OF versa.) 2007 As I take my seat aboard our chartered bus namese people and worked hard to help com- and settle in for the two-hour return journey fort these brave individuals who had left all SPEECH OF to Washington, D.C., I gaze at the now-illu- their worldly possessions behind in the name minated landscape of Delaware through my of freedom. HON. CHRISTOPHER H. SMITH window as the miles pass unnoticed, lost in The people of Guam empathized with the OF NEW JERSEY thought, sensing the night chill through my Vietnamese refugees, and we opened our shirt. I do not feel like idly chatting right IN THE HOUSE OF REPRESENTATIVES now. hearts as well as our island to them. As First Monday, September 17, 2007 I wish every funeral service professional, Lady, I organized care for the hundreds of or- every citizen, had the opportunity to experi- phan babies who arrived as a result of Oper- Mr. SMITH of New Jersey. Mr. Speaker, in ence firsthand the tour I still struggle to as- ation Baby Lift. A poignant experience, this ef- light of the Vietnam Human Rights Act of similate. Learning how each set of remains fort remains as one of my fondest memories 2007, H.R. 3096, which was debated on the that arrives at the Charles C. Carson Center of my husband’s first term as Governor of House Floor yesterday, September 17, 2007, for Mortuary Affairs is steadfastly treated as Guam. and which passed overwhelmingly this after- unique—as was each individual—and receives Vietnam today is a country that seeks peace noon, I would like to include in the record por- from a small group of amazing people the tions of the trial proceedings for Attorney requisite time, attention and care their due with its neighbors, prosperity at home, and moves me profoundly. Each is special. Each friendly relations with the United States. The Nguyen Van Dai and Attorney Le Thi Cong is one of a kind. Each—as well as everyone provisions contained in H.R. 3096 will help to- Nhan who are referenced in this legislation. that grieves their death—is worthy of the wards achieving those ends. Both individuals were ruthlessly seized by the mathematically exacting tender mercies and f Government of Vietnam on March 6, 2007, in loyalty to high ideals each fallen soldier Vietnam’s most recent crackdown on democ- earned. Thanks to this facility and its staff, CONGRATULATING PAYSON, ARI- racy and human rights advocates. The ac- we—as a nation—bestow such on friend or ZONA, ON ITS 125TH ANNIVER- cused each received years of imprisonment foe alike. SARY after being found guilty of ‘‘disseminating prop- I will never think of them as numbers again. aganda against the Socialist Republic of Viet- nam,’’ I urge each and every one of my col- f HON. RICK RENZI OF ARIZONA leagues to read this chilling account of the Vi- VIETNAM HUMAN RIGHTS ACT OF IN THE HOUSE OF REPRESENTATIVES etnamese justice system. 2007 THE SOCIALIST REPUBLIC OF VIETNAM; Tuesday, September 18, 2007 INDEPENDENCE—LIBERTY—HAPPINESS SPEECH OF Mr. RENZI. Madam Speaker, today I want THE PEOPLE’S COURT OF HANOI CITY HON. MADELEINE Z. BORDALLO to recognize and honor the Town of Payson, Preliminary criminal sentence, No. 153/ OF GUAM Arizona, which is in my district. This year Pay- 2007/HSST, May 11, 2007. In the name of the son will be celebrating its 125th anniversary Socialist Republic of Vietnam, The People’s IN THE HOUSE OF REPRESENTATIVES October 3rd through the 7th. Court of Hanoi City. The Preliminary Trial Monday, September 17, 2007 This beautiful mountain village community is Committee is composed of: Ms. BORDALLO. Mr. Speaker, I rise today known for its natural beauty and deep history. Presiding Judge: Mr. Nguyen Huu Chinh. People’s Jurors: 1. Mr. Nguyen Thanh Ha, 2. in strong support of H.R. 3096, the Vietnam Surrounded by the rich ponderosa pine Tonto Mrs. Tran Hong Thuy. Court clerk/recorder: Human Rights Act of 2007. H.R. 3096 makes National Forest, Payson is located in Gila Mrs. Nguyen Thi Huyen, cadre of the Peo- important contributions to the ongoing dia- County at the base of the 7,000 foot, 200 mile ple’s Court of Hanoi City, Representative of logue with our ally the Socialist Republic of long Mogollon Rim, which defines the south- The Hanoi City People’s Office of Procuracy: Vietnam regarding the importance of the pro- western edge of the Colorado Plateau. Seven 1. Mr. Dinh Trong Nghia, Procurator, 2. Mr. tection of human rights in Vietnam. Rim Lakes are located in the vicinity, offering Dinh Quoc Thai, Procurator. Vietnam, to further it role as a responsible a wide array of outdoor recreation for resi- On May 11, 2007, the following defendants member of the international community, must dents and tourists to enjoy. were preliminarily tried by the People’s release individuals imprisoned for political and Court of Hanoi City under Criminal Docket In 1882 community leaders surveyed the No. 138/2007/HSST of April 24, 2007: religious beliefs. The government, though its current town site of Payson, originally calling 1. NGUYEN VAN DAI born 1969, in Da policies and actions, must display a greater re- the settlement Green Valley. The town Trach, Khoai Chau District, Hung Yen Prov- spect for religious freedoms and the rights of changed its name after constructing its post ince; domiciled at Apartment 302, House Z8, minorities. Essential to achieving this goal is office. In 1884 then postmaster, Frank C. Back Khoa Communal Building, Bach Khoa for Vietnam to allow individuals who seek such Hise, renamed the town in honor of the con- Ward, Hai Ba Trung Precinct, Ha Noi City; protections full access to U.S. sponsored ref- gressional chairman of the Committee on Post occupation at the time of committing ugee programs. Further, Vietnam must end Office and Post Road, Senator Louis Edward crimes: Head Attorney of the Thien An Law Office; educational background: Grade 12/12; any and all support its government officials Payson, who was instrumental in establishing born of Mr. Nguyen Van Cap and Mrs. provide for trafficking of humans. H.R. 3096 the post office. Nguyen Thi Thom; married to Vu Minh makes future non-humanitarian U.S. assist- Payson will forever be linked to the Amer- Khanh; arrested and placed under temporary ance to Vietnam conditional upon the Presi- ican Old West. It was in 1884 that the town detention since March 6, 2007; is present at dent of the United States certifying to Con- held its first rodeo, holding it every year since, the trial.

VerDate Aug 31 2005 05:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\A18SE8.050 E18SEPT1 cnoel on PRODPC60 with REMARKS_CN September 18, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E1919 2. LE THI CONG NHAN: born 1979 in Go namese who are fiercely opposed to the Dignity and Human Rights. Witnesses Dong Cong Tay, Tien Giang Province; domiciled at State. The defendant’s contacts with these Thi Giang, Khong Van Thanh, Nguyen Ba Apartment 48 (currently Apartment 316), subjects have gone beyond the discussion of Truc, and Giap Van Hieu that Dai had in- House A7, Government Office Employees’ democracy and human rights issues, and vited to participate in the classes, all af- Communal Building, Phuong Mai Ward, they have in fact intended to form a number firmed that during those class lectures both Dong Da Precinct, Ha Noi City; occupation of organizations and political parties in op- Dai and Nhan had zealously badmouthed the at the time of committing crimes: Staff At- position to the VCP and the SRV. According political and social state of the nation, the torney of the Thien An Law Office; edu- to witness Tran Van Hoa’s statements, on Government of the SRV. Dai had alleged cational background: Grade 12/12; born of Mr. September 2006 defendant Dai asked the that the SRV does not respect human rights Le Minh Duc and Mrs. Tran Thi Le; arrested former to come to Hanoi so that they could and has employed torture and violence and placed under temporary detention since together make a trip to China, where they against innocent citizens. The defendant, March 6, 2007; is present at the trial. planned to meet with Tran Ngoc Thanh, an while maintaining that the ‘‘Party Nomi- Defendant Nguyen Van Dai’s trial attor- overseas Vietnamese in Poland to discuss the nates, Citizen Elects’’ election trick is un- neys: Mr. Tran Lam, Hai Phong City Law- founding of the ‘‘so-called’’ Independent democratic, called for a change of the social- yers Bar (in attendance), Mr. Dam Van Hieu, Trade Union. ist regime that would deny the VCP its mo- Attorney, Thong Nhat Law Office, Ha Noi Having searched the Thien An Law Office nopoly of power in order to achieve social City Lawyers Bar (in attendance), Defendant headed by Nguyen Van Dai, and the resi- equality. Le Thi Cong Nhan’s trial attorney, Mr. Tran dence of Nguyen Van Dai, the investigative The defendant’s criminal conduct has con- Lam, Hai Phong City Lawyers’ Bar (in at- authorities seized numerous documents, stituted the crime of ‘‘disseminating propa- tendance). among which there were 121 stacks of docu- ganda against the Socialist Republic of Viet- BE IT JUDGED THAT: 1. Relative to de- ments. Some documents containing contents nam,’’ as stipulated in Article 88 of the fendant Nguyen Van Dai. At both the inves- of extremely reactionary nature are meant Criminal Code and determined in the indict- tigative offices and the trial, defendant to twist the facts about the VCP, and to ment of the Hanoi City People’s Office of Nguyen Van Dai admitted that he had writ- smear the honor and tarnish the reputations Procuracy. : ten a number of articles, e.g. ‘‘Freedom to of the Party, President Ho Chi Minh and the 2. Relative to defendant Le Thi Cong Nhan. Form a [Political] Party’’ and ‘‘Vietnamese top leaderships of the Party and the State, At the investigative offices and at the trial, People Have the Ability to Build a Multi- e.g. a document titled ‘‘The Vietnamese the defendant admitted that she was a mem- Party System’’. The defendants had distrib- Communist Party is Bad Karma,’’ and ‘‘The uted these articles through the media of re- Secrets of the New Vietnamese Prime Min- ber of the Vietnam Progression Party (VPP) actionary Vietnamese organizations over- ister.’’ Another 475-page document, authored and that of Bloc 8406 (founded by Nguyen seas, and participated in interviews via the by a ‘‘Quoc-Quoc,’’ is full of distortions with Van Ly). Nhan participated as the VPP Internet with overseas anti-socialist ele- regard to the history of the revolutionary spokesperson. She indicated that she had ments. The contents of these articles were struggle, the policies of the VCP and the joined the party voluntarily. The Trial Com- meant to smear and degrade the leading role State throughout the different stages of the mittee is of the opinion that the purpose of of the VCP. He maintained that under cur- Revolution, as well as blemishes and bad- this organization is to act against the VCP rent circumstances, because the VCP did not mouthing against the high-ranking officials and the SRV in order to drastically change have enough ability to lead the Revolution and top cadres of the Party. the political regime of Vietnam. Her organi- Vietnam is in dire need of a change of the The document, titled ‘‘Diary of a Victim of zation appealed for a pluralistic, multi-party ruling party or to a pluralistic, multi-party Injustice,’’ contains the slants and distor- system and incited the people to ‘‘Wear system in order to emerge out of poverty. tions of facts, and false allegations that the White’’ as a demonstration of support for de- As provided for in Article 4 of the SVN’s government and police brutally repressed mocracy. As such, the defendant’s participa- Constitution, the VCP—the vanguard of the legal complainants. In addition, the authori- tion and support of the VPP’s platform is a worker class and loyal representative serv- ties also captured many documents written violation of State laws. ing the interests of the worker class and the by other anti-State political opportunists, The defendant herself wrote the article, working people—is the leading force of the notably ‘‘Democracy and Human Rights in ‘‘The Truth about the Repeal of Decree 31/CP State and society. That positively affirms VN’’ and ‘‘Eternal Aspirations,’’ authored by of April 14, 1997’’. The content of her article that since the VCP is the only preferred Nguyen Thanh Giang. Scores of other docu- indicates that the repeal of this decree was leader of the Vietnam Revolution all other ments and publications circulated by over- phony with the intent to misdirect public political parties and their activities are in seas Vietnamese organizations include the opinion. In her interviews, the defendant fact in non-compliance and illegal. Because bi-monthly ‘‘Tu Do Ngon Luan,’’ (Freedom of also commented on Directive 37 issued by the of the fact that the defendant is the one who Speech) the ‘‘To Quoc’’ (Fatherland) maga- Prime Minister that this directive is un- drafted the ‘‘Bylaws’’ of the Democratic zine, the ‘‘Tu Do Dan Chu’’ (Freedom & De- democratic as it prohibits freedom of the Party and supported the platforms of Hoang mocracy) newsletter, the Bloc 8406–pro- press. All her articles contain fabrications, Minh Chinh’s Democratic Party, and that he claimed ‘‘The Declaration of Freedom and defamations, ridicules, and attacks on the has also written a number of articles, criti- Democracy for Vietnam’’. Being very reac- regime. The defendant maintained that the cizing the VCP and advocating a pluralistic tionary in content, these documents are full Vietnamese political structure is dictatorial, and multi-party regime, Dai has obviously of distortions of the current realities of Viet- infantile, and uncivilized. Nhan’s articles committed a serious violation of the Con- nam and allegations that all the inalienable and documents were distributed in the form stitution and laws of Vietnam. rights of the Vietnamese people are being of direct answers to foreign radio networks Based on the admissible evidences and brutally trampled upon and the contentions such as BBC, RFA (Radio Free Asia), or Dai’s own admissions at the trial, from the that their goal is to struggle for a change of Internet-linked interviews with overseas Vi- time when the Thien An Law Office was regime in Vietnam. etnamese exiles. founded to his arrest, Dai had never served At the trial, the defendant admitted to In a house search, the investigative au- as a trial lawyer and acted according to his having contacts and Internet direct-linked thorities have seized many stacks of docu- duties, as specified in his professional li- interviews with foreign newspapers and radio ments which had been circulated by both do- cense. Instead, he had made contacts and ex- stations regarding the issues of democracy mestic and overseas political opportunists. changed information regarding democracy and human rights in Vietnam. However, doc- These documents contain bad-intent distor- and human rights with a number of political umented evidences have revealed that during tions of the facts and protests against the opportunists who acted in opposition to the these contacts and interviews the defendant current directions and policies of the Party VCP and against the SRV. The defendant had always provided untruths and distortions re- and the State. They include: appeals to joined and enthusiastically supported the garding the democracy and human rights sit- ‘‘boycott the National Assembly Election of platforms of the so-called Vietnam Progres- uation in Vietnam, and provocative bad- 2007; demands for a pluralistic, multi-party sion Party (VPP) and Bloc 8406, a [political] mouthing against the socialist regime and system, etc.; instructions for the populace to organization founded illegally by Nguyen the VCP, and he called for a change of re- ‘‘Wear White’’ on the first and 15th day of Van Ly in Vietnam. The defendant had con- gime as well. At the same time, he had re- the month to support democracy in Vietnam; ferred and concurred with Nguyen Van Ly on ceived other documents calling for a boycott ‘‘Let’s Paint a Portrait of a Free and Demo- the platform of the VPP, as well as visited of the 2007 National Assembly Election. An- cratic Vietnam’’; ‘‘How to Fight Fear’’ (writ- Ho Chi Minh City to engage a number of Do other document ‘‘Wear White on the 1st and ten by Nguyen Van Ly); ‘‘The Declaration of Nam Hai’s supporters in various efforts to 15th of the Month in Support of Democracy,’’ Democracy for Vietnam 2006’’; ‘‘The Prelimi- support both Bloc 8406 and the VPP. a campaign document published by Bloc 8406 nary Platform of the Vietnam Progression The defendant was also a member of the proclaiming 10 conditions for a multi-party Party’’; ‘‘The Founding of an Alliance of Na- ‘‘Independent Trade Union’’. He admitted to National Assembly election. Another Bloc tional Forces for Freedom, Democracy and his contacts with such overseas individuals 8406 document initiated the launching of a Human Rights’’; ‘‘Bloc 8406 To Announce 10 as Nguyen Dinh Thang, Vu Quoc Dung, Tran boycott of the 2007 One-Party National As- Conditions for a Multi-Party National As- Ngoc Thanh, etc., which focused on ‘‘democ- sembly Election. sembly Election and How To Boycott This racy and human rights issues’’. However, Nguyen Van Dai held classes regularly at Election’’; ‘‘Bloc 8406 initiating a Campaign seized documents and evidences have at- the Thien An law office to provide propa- to Reject the Single-Party National Assem- tested to the intentions of these exiled Viet- ganda on the subject of Democracy, Human bly Election of 2007’’.

VerDate Aug 31 2005 05:24 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\A18SE8.054 E18SEPT1 cnoel on PRODPC60 with REMARKS_CN E1920 CONGRESSIONAL RECORD — Extensions of Remarks September 18, 2007 The defendant has also provided her stu- House arrest shall be an additional require- RECOGNIZING JORDAN LEIGH dents with propaganda in her so-called ‘‘De- ment to their main punishments, as stipu- YOUNG mocracy’’ course. With great discontent, she lated by Article 92 of the Criminal Code. has criticized and smeared our regime, fal- Evidential material: The investigative au- sified the history of the People’s VCP-led thorities have seized numerous evidences revolutionary struggle, as well as called for from the Thien An Law Office, as well as the HON. BEN CHANDLER the replacement of the current VCP by an- residences of defendants Nguyen Van Dai and OF KENTUCKY other political party or a pluralistic, multi- Le Thi Cong Nhan. It is determined that IN THE HOUSE OF REPRESENTATIVES party system. these evidences were used as a means to have The defendant’s criminal conduct has con- committed their crimes, and therefore shall Tuesday, September 18, 2007 stituted the crime of ‘‘disseminating propa- be confiscated and kept in State’s deposi- ganda against the Socialist Republic of Viet- tories. Other captured evidences, of insignifi- Mr. CHANDLER. Madam Speaker, today I nam,’’ as stipulated by Article 88 of the cant values, shall be destroyed. would like to recognize one of my constitu- Criminal Code and charged with in the in- For the above-mentioned reasons, BE IT DECIDED THAT: Verdict: Defendants ents, Miss Jordan Leigh Young of Salvisa, dictment of the Hanoi City People’s Office of Kentucky, who will be performing at the Grand Procuracy. Nguyen Van Dai and Le Thi Cong Nhan are The crimes both defendants have com- guilty of ‘‘disseminating propaganda against Ole Opry in Nashville, Tennessee on Tuesday, mitted are very severe. They have taken ad- the Socialist Republic of Vietnam’’. September 18, 2007. vantage of their democratic rights and free- Penalty: Nguyen Van Dai is sentenced to 5 As a 15-year-old, this is an exciting chance dom to produce, possess, and distribute var- (five) years of imprisonment, effective as of his temporary detention which began on for Miss Young to showcase her singing and ious documents meant to libel the People’s banjo-playing abilities in front of Nashville’s Government and oppose the SRV. Their con- March 6, 2007. Penalty: Le Thi Cong Nhan is sentenced to Music Row insiders. Her long list of accom- duct is deemed to be dangerous to society. It 4 (four) years of imprisonment, effective as has generated bad opinion both in and out- plishments proves that she has no difficulty of her temporary detention which began on side of the country, and has directly dam- entertaining crowds ranging from three to March 6, 2007. thousands of people. In fact, she is already a aged our national security interests, as well Additional penalty: Defendant Nguyen Van as the benefits and achievements that the Dai is sentenced to 4 (four) years of house ar- member of the Kentucky Country Music Asso- Vietnamese people have made throughout rest upon completion of his imprisonment ciation and was awarded the 2005 and 2006 our long struggle for building and safe- term. Defendant Le Thi Cong Nhan is sen- Female vocalist and Entertainer of the Year guarding the nation. Their conduct has re- tenced to 3 (three) years of house arrest upon and the 2006 Duo of the Year. sulted in the tarnished reputations of the completion of her imprisonment term. Miss Young’s opportunity to perform at the VCP, the socialist regime, and our leaders Evidential material: to be confiscated and among the populace. They, being Vietnamese kept in State depositories 6 CPUs, 1 flat- legendary Grand Ole Opry is the grand finale citizens, shall have the absolute obligations screen monitor, 1 desktop computer (16 inch, in a series of events that have helped to ex- to abide by the laws of Vietnam. Con- make Samsung), 1 digital recorder (make pand her musical talents beyond the borders sequently, they are to be severely punished, Digital Live SDR–6404), 1 Card Reader (make of Kentucky. After being selected by CBS once found to be in violation, as provided for QS 034 Ba07), 1 desktop computer cable, 1 News’ The Early Show for their ‘‘Magic Mo- by the laws of Vietnam. notebook (make HP:S/NCND604172F; PN ment’’ series, she was invited by her life-long Although still at young age and having yet EP412UA # ABA), 1 scanner (make Canon idol, Dolly Parton, to perform at the Opry. made contributions to the country, both de- F915800), 1 modem (make AR 325W, 6H057– fendants Nguyen Van Dai and Le Thi Cong 15379), 1 Webcam (Colorvis). Destroyed 2 hard In addition to Miss Young’s gift of singing Nhan have committed serious crimes to the drive, 1 hard disk (make HD080HJ–PIN and playing the 5 string banjo, she also knows detriment of our national interests and secu- 137216FL740777P/ V FS S/N081KL702016), 1 a thing or two about living on a family farm rity. They need to be severely punished be- hard disk (make SP4011N–S/ and has done her fair share of hard work. Part fore the court of law in order to appreciate NSO1JJ50YB41562–PN: 1187J2FYB 15242P/ of this work includes raising and showing fully the effects of reform, education, and de- VFS). goats in regional competitions, where she has terrence. In this case, defendant Nguyen Van These evidential materials are currently Dai has been found to have actively engaged stored at the Hanoi Evidence Depository won several grand championship awards. in carrying out his crimes although his ad- Locker (Executed per the receipt of April 23, I would like to congratulate Miss Jordan missions were not truly sincere, Dai is to de- 2007). Leigh Young for her unique contributions to serve a heavier punishment. Defendant Le Defendants Nguyen Van Dai and Le Thi Central Kentucky, and I wish her the best in Thi Cong Nhan has also actively committed Cong Nhan are to be fined a court fee of her musical pursuits. I have no doubt that her her crimes. As she was found not to be fully 50.000 dongs each and are entitled to filing cooperative in her admission at the inves- appeals within 15 days of the pronouncement determination will take her as far as she wants tigative offices and at the trial, she is to be of their preliminary sentences. to go, and I imagine that many of us will soon punished according to the severity of her For the Preliminary Trial Committee, be hearing her captivating voice broadcast crimes. Nguyen Huu Chinh, Presiding Judge. across national air-waves.

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HIGHLIGHTS Senate passed H.R. 1124, District of Columbia College Access Act. Senate consideration of S. 1257, to provide the District of Chamber Action Columbia a voting seat and the State of Utah an ad- Routine Proceedings, pages S11615–S11685 ditional seat in the House of Representatives. Measures Introduced: One bill and two resolutions Pages S11626–32 were introduced, as follows: S. 2059, S. Res. 319, National Defense Authorization Act: Senate and S. Con. Res. 47. Pages S11654–55 continued consideration of H.R. 1585, to authorize Measures Passed: appropriations for fiscal year 2008 for military activities of the Department of Defense, for military District Of Columbia College Access Act: By a construction, and for defense activities of the Depart- unanimous vote of 96 yeas (Vote No. 338), Senate ment of Energy, to prescribe military personnel, tak- passed H.R. 1124, to extend the District of Colum- ing action on the following amendments proposed bia College Access Act of 1999, after taking action thereto: Pages S11632–45 on the following amendments proposed thereto: Pending: Pages S11620–25 Adopted: Nelson (NE) (for Levin) Amendment No. 2011, in Coburn Amendment No. 2887, to exempt mil- the nature of a substitute. Page S11632 lionaires from receiving educational scholarship funds Levin (for Specter/Leahy) Amendment No. 2022 intended for needy families. Page S11623 (to Amendment No. 2011), to restore habeas corpus Rejected: for those detained by the United States. Page S11632 By 38 yeas to 59 nays (Vote No. 337), Coburn Warner (for Graham/Kyl) Amendment No. 2064 Amendment No. 2888, to prohibit the Federal Gov- (to Amendment No. 2011), to strike section 1023, ernment from favoring public colleges and univer- relating to the granting of civil rights to terror sus- sities over private colleges and universities under the pects. Page S11632 District of Columbia College Access Act of 1999. A unanimous-consent agreement was reached pro- Pages S11623–25 viding for further consideration of the bill at 9:30 Mental Health Parity Act: Senate passed S. 558, a.m., on Wednesday, September 19, 2007, with 60 to provide parity between health insurance coverage minutes of debate prior to a vote on the motion to of mental health benefits and benefits for medical invoke cloture on Levin (for Specter/Leahy) Amend- and surgical services, after agreeing to the committee ment No. 2022 (to Amendment No. 2011) (listed amendment in the nature of a substitute, and the above), with the time equally divided and controlled following amendment proposed thereto: between the two Leaders, or their designees; pro- Pages S11679–84 vided that Senate vote on the motion to invoke clo- Reid (for Domenici/Kennedy) Amendment No. ture on the amendment; provided further, that 2908, in the nature of a substitute. Page S11684 Members have until 10:00 a.m., on Wednesday, Sep- Measures Considered: tember 19, 2007, to file any germane second-degree amendments to Leahy (for Specter/Leahy) Amend- District of Columbia House Voting Rights Act: By 57 yeas to 42 nays (Vote No. 339), three-fifths ment No. 2022 (to Amendment No. 2011). of those Senators duly chosen and sworn, not having Page S11684 voted in the affirmative, Senate rejected the motion Nominations Received: Senate received the fol- to close further debate on the motion to proceed to lowing nominations: D1213

VerDate Aug 31 2005 04:48 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D18SE7.REC D18SEPT1 cnoel on PRODPC60 with DIGEST_CN D1214 CONGRESSIONAL RECORD — DAILY DIGEST September 18, 2007

Anita K. Blair, of Virginia, to be an Assistant BREAKING THE METHAMPHETAMINE Secretary of the Navy. SUPPLY CHAIN Michael W. Hager, of Virginia, to be an Assistant Committee on Finance: Committee concluded a hearing Secretary of Veterans Affairs (Human Resources and to examine breaking the methamphetamine supply Management). chain, focusing on meeting challenges at the border, Keith Hall, of Virginia, to be Commissioner of Labor Statistics, Department of Labor, for a term of after receiving testimony from Joseph T. Rannazzisi, four years. Deputy Assistant Administrator, Office of Diversion 1 Coast Guard nomination in the rank of admiral. Control, Drug Enforcement Administration, Depart- Routine lists in the Air Force, Army, Coast ment of Justice; Christy A. McCampbell, Deputy Assistant Secretary of State, Bureau for International Guard. Pages S11684–85 Narcotics and Law Enforcement Affairs; Matthew C. Nomination Withdrawn: Senate received notifica- Allen, Deputy Assistant Director, Office of Inves- tion of withdrawal of the following nomination: tigations, U.S. Immigration and Customs Enforce- Anita K. Blair, of Virginia, to be an Assistant ment, Department of Homeland Security; Gary W. Secretary of the Air Force, which was sent to the Kendell, Iowa Governor’s Office of Drug Control Senate on January 9, 2007. Page S11685 Policy, Des Moines; Thomas M. Siebel, Meth Messages from the House: Page S11654 Project, Palo Alto, California; and Peter D. Measures Referred: Page S11654 Wolfgram, Bungalow Drug Inc., Belgrade, Montana. Additional Cosponsors: Pages S11655–56 NOMINATION Statements on Introduced Bills/Resolutions: Committee on Foreign Relations: Committee concluded Pages S11656–68 a hearing to examine the nomination of Christopher Additional Statements: Pages S11652–54 Egan, of Massachusetts, to be Representative of the Amendments Submitted: Pages S11668–78 United States of America to the Organization for Economic Cooperation and Development, with the Notices of Hearings/Meetings: Page S11678 rank of Ambassador, after the nominee, who was in- Authorities for Committees to Meet: troduced by Senator Sununu, testified and answered Pages S11678–79 questions in his own behalf. Record Votes: Three record votes were taken today. (Total—339) Pages S11625, S11631–32 ATTORNEY–CLIENT PRIVILEGE UNDER Adjournment: Senate convened at 10 a.m. and ad- THE MCNULTY MEMORANDUM journed at 6:47 p.m., until 9:30 a.m. on Wednes- Committee on the Judiciary: Committee concluded a day, September 19, 2007. (For Senate’s program, see hearing to examine corporate fraud prosecutions and the remarks of the Majority Leader in today’s Record the attorney-client privilege under the McNulty on page S11684.) Memorandum, including S. 186, to provide appropriate protection to attorney-client privileged com- Committee Meetings munications and attorney work product, after receiving testimony from United States Attorney Karin J. (Committees not listed did not meet) Immergut, District of Oregon, Department of Jus- NFL RETIREMENT SYSTEM tice; Dick Thornburgh, Kirkpatrick and Lockhart Preston Gates Ellis, LLP, Washington, D.C.; Daniel Committee on Commerce, Science, and Transportation: Charles Richman, Columbia University School of Committee concluded an oversight hearing to exam- Law, and Andrew Weissmann, Jenner and Block, ine the National Football League (NFL) retirement both of New York, New York; and Michael L. system, after receiving testimony from Dave R. Seigel, University of Florida Levin College of Law, Duerson, Burt Bell/Pete Rozelle National Football Gainesville. League Retirement Plan, Highland Park, Illinois; Gene Upshaw, National Football League Players As- BUSINESS MEETING sociation, and Bill Bain, both of Washington, D.C.; Roger Goodell, National Football League, New Select Committee on Intelligence: Committee, in a closed York, New York; Daryl Johnston, Dallas, Texas; session, ordered favorably reported the nomination of Brent Boyd, Reno, Nevada; Garrett Webster, Moon Donald M. Kerr, of Virginia, to be Principal Deputy Township, Pennsylvania; Mike Ditka, Lake Bluff, Il- Director of National Intelligence. linois; and Gale Sayers, Chicago, Illinois. Committee recessed subject to the call.

VerDate Aug 31 2005 04:48 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D18SE7.REC D18SEPT1 cnoel on PRODPC60 with DIGEST_CN September 18, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D1215 House of Representatives Agreed by unanimous consent that amendment Chamber Action No. 2 printed in part B of H. Rept. 110–330 may Public Bills and Resolutions Introduced: 21 pub- be offered out of sequence. Page H10447 lic bills, H.R. 3558–3578; and 6 resolutions, H.J. Accepted: Res. 50; H. Con. Res. 213–214; and H. Res. 658, Cardoza amendment (No. 2 printed in H. Rept. 661–662 were introduced. Pages H10509–10 110–330) that raises the FHA single family loan Additional Cosponsors: Pages H10510–11 limit, by establishing such limit in each area as the Reports Filed: Reports were filed today as follows: lower of (a) 125% of the local median area home H. Res. 659, waiving a requirement of clause 6(a) price or (b) 175% of the national GSE conforming of rule XIII with respect to consideration of certain loan limit; retains the FHA loan floor provision in resolutions reported from the Committee on Rules the reported bill of 65% of the GSE conforming (H. Rept. 110–332) and loan limit; and also gives HUD authority to raise H. Res. 660, providing for consideration of the these resulting loan limit amounts by up to bill (H.R. 2761) to extend the Terrorism Insurance $100,000 by area and/or by unit size ‘‘if market con- Program of the Department of the Treasury (H. ditions warrant’’; Pages H10463–65 Rept. 110–333). Page H10509 Tierney amendment (No. 1 printed in H. Rept. Speaker: Read a letter from the Speaker wherein she 110–330) that directs the Secretary of the Depart- appointed Representative Cohen to act as Speaker ment of Housing and Urban Development to pro- Pro Tempore for today. Page H10437 vide mortgage insurance premium refunds to eligible Recess: The House recessed at 9:01 a.m. and recon- borrowers of FHA insured loans, which were closed vened at 10 a.m. Page H10437 prior to December 8, 2004, but which were not endorsed until December 8, 2004 or after that date, Chaplain: The prayer was offered by the guest and authorizes such sums as may be necessary for Chaplain, Rabbi Frederick L. Klein, Director of such refunds; Page H10465 Community Chaplaincy, Greater Miami Jewish Fed- Gary G. Miller (CA) amendment (No. 3 printed eration, Miami, Florida. Page H10437 in H. Rept. 110–330) that allows qualified down Journal: The House agreed to the Speaker’s approval payment assistance providers to participate in the of the Journal by a yea-and-nay vote of 217 yeas to FHA Program if certain conditions are satisfied (i.e. 183 nays, with 1 voting ‘‘present’’, Roll No. 870. no obligation for mortgagor to repay and net worth Pages H10437, H10445 requirement); Pages H10465–67 Expanding American Homeownership Act of Bishop (NY) amendment (No 4 printed in H. 2007: The House passed H.R. 1852, to modernize Rept. 110–330) that clarifies requirements on re- and update the National Housing Act and enable verse mortgages for seniors who own permanent the Federal Housing Administration to use risk- foundation homes on leased land; and Page H10467 based pricing to more effectively reach underserved Tiberi amendment (No. 6 printed in H. Rept. borrowers, by a recorded vote of 348 ayes to 72 110–330) that requires the Secretary to ensure that noes, Roll No. 876. the mortgagor receives counseling at the time of ap- Pages H10440–45, H10445–47, H110447–81 plication. Pages H10469–70 Rejected the Price (GA) motion to recommit the bill to the Committee on Financial Services with in- Rejected: structions that the Committee report the same back Hensarling amendment (No. 5 printed in H. promptly with an amendment, by a yea-and-nay vote Rept. 110–330) that sought to strike the allowable of 209 yeas to 216 nays, Roll No. 875. use of FHA savings for an affordable housing fund Pages H10478–80 (by a recorded vote of 148 ayes to 280 noes, Roll Pursuant to the rule, the amendment in the na- No. 873) and Pages H10467–69, H10477 ture of a substitute recommended by the Committee Biggert amendment in the nature of a substitute on Financial Services now printed in the bill, modi- (No. 7 printed in H. Rept. 110–330) that sought to fied by the amendment printed in part A of H. reform the Federal Housing Administration’s (FHA) Rept. 110–330, shall be considered as adopted in single-family mortgage insurance activities and allow the House and in the Committee of the Whole and FHA to base each borrower’s mortgage insurance shall be considered as an original bill for the purpose premiums on the risk that the borrower poses to the of further amendment. Pages H10456–63

VerDate Aug 31 2005 04:48 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D18SE7.REC D18SEPT1 cnoel on PRODPC60 with DIGEST_CN D1216 CONGRESSIONAL RECORD — DAILY DIGEST September 18, 2007 FHA Mortgage Insurance Fund, with slight vari- final reunion of the 303rd Bomb Group (H) Associa- ations. Under this proposal, mortgage insurance pre- tion; and Pages H10486–88 miums would be based on the borrower’s credit his- Recognizing the 60th anniversary of the United tory, loan-to-value ratio, debt-to-income ratio, and States Air Force as an independent military serv- on FHA’s historical experience with similar bor- ice: H. Con. Res. 207, to recognize the 60th anni- rowers. This amendment maintained FHA reserves versary of the United States Air Force as an inde- within the insurance fund to preserve the future sol- pendent military service. Pages H10488–94 vency of the FHA program (by a recorded vote of 175 ayes to 252 noes, Roll No. 874). Quorum Calls—Votes: Four yea-and-nay votes and Pages H10470–76, H10477–78 four recorded votes developed during the proceedings Agreed that the Clerk be authorized to make of today and appear on pages H10445, H10446, technical and conforming changes to reflect the ac- H10446–47, H10477, H10477–78, H10480, tions of the House. Pages H10481–82 H10480–81, H10481. There were no quorum calls. H. Res. 650, the rule providing for consideration Adjournment: The House met at 9 a.m. and ad- of the bill, was agreed to by a recorded vote of 227 journed at 6:45 p.m. ayes to 190 noes, Roll No. 872, after agreeing to order the previous question by a yea-and-nay vote of Committee Meetings 226 yeas to 191 nays, Roll No. 871. Pages H10446–47 Suspension—Proceedings Resumed: The House IRAQ/AFGHANISTAN CONTRACTOR agreed to suspend the rules and pass the following MEDICAL BENEFITS measure which was debated on Monday, September Committee on Armed Services: Subcommittee on Over- 17th: sight and Investigations held a hearing on the bene- Vietnam Human Rights Act of 2007: H.R. fits and medical care for Federal and U.S. contractor 3096, amended, to promote freedom and democracy employees deployed to Iraq and Afghanistan. Testi- mony was heard from Patricia S. Bradshaw, Deputy in Vietnam, by a 2⁄3 yea-and-nay vote of 414 yeas Under Secretary, Civilian Personnel Policy, Depart- to 3 nays, Roll No. 877. Page H10481 ment of Defense; Shelby Hallmark, Director, Office Suspensions: The House agreed to suspend the rules of Workers’ Compensation Programs, Department of and pass the following measures: Labor; and Brenda S. Farrell, Director, Defense Capa- Commemorating the 25th anniversary of the bilities and Management Team, GAO. Vietnam Veterans Memorial: H. Res. 326, amend- JUVENILE JUSTICE AND DELINQUENCY ed, to commemorate the 25th anniversary of the PREVENTION ACT Vietnam Veterans Memorial; Pages H10482–84 Committee on Education and Labor: Subcommittee on Recognizing the service of the 65th Infantry Healthy Families and Communities held a hearing Borinqueneers during the Korean War, honoring on the Juvenile Justice and Delinquency Prevention the people of Puerto Rico who continue to serve Act. Testimony was heard from Deborah and volunteer for service in the Armed Forces and Kooperstein, Administrative Judge, Southhampton, make sacrifices for the country, and commending New York; Kim Berkeley Clark, Administrative all efforts to promote and preserve the history of Judge, Family Division (Domestic Relations and Ju- the 65th Infantry Borinqueneers: H. Res. 443, venile Court) 5th Judiciary District of Pennsylvania amended, to recognize the service of the 65th Infan- (Allegheny County) Pittsburgh, Pennsylvania; Janet try Borinqueneers during the Korean War, to honor Garcia, Deputy Director, Office for Children, Youth the people of Puerto Rico who continue to serve and and Families, State of Arizona; Andrea Wiesman, volunteer for service in the Armed Forces and make Director, Health Services, Youth Rehabilitation Serv- sacrifices for the country, and to commend all efforts ices, District of Columbia; Anne Marie Ambrose, Di- to promote and preserve the history of the 65th In- rector, Child Welfare and Juvenile Services, Depart- fantry Borinqueneers; Pages H10484–86 ment of Public Welfare, State of Pennsylvania; and Expressing the nation’s sincerest appreciation a public witness. and thanks for the service of the members of the 303rd Bombardment Group (Heavy) upon the oc- MILITARY FAMILIES MEDICAL LEAVE casion of the final reunion of the 303rd Bomb COVERAGE Group (H) Association: H. Res. 604, amended, to Committee on Education and Labor: Subcommittee on express the nation’s sincerest appreciation and thanks Workforce Protections held a hearing on the Family for the service of the members of the 303rd Bom- and Medical Leave Act: Extending Coverage to Mili- bardment Group (Heavy) upon the occasion of the tary Families Left at Home. Testimony was heard

VerDate Aug 31 2005 04:48 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D18SE7.REC D18SEPT1 cnoel on PRODPC60 with DIGEST_CN September 18, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D1217 from Senators Dodd and Clinton; Representative GAO; and Paul A. Schneider, Under Secretary, Man- Issa; and public witnesses. agement, Department of Homeland Security. MONITORING 9/11 HEALTH EFFECTS WARRANTLESS SURVEILLANCE AND THE Committee on Energy and Commerce: Subcommittee on FISA ACT Health held a hearing entitled ‘‘Answering the Call: Committee on the Judiciary: Held a hearing on Medical Monitoring and Treatment of 9/11 Health Warrantless Surveillance and the Foreign Intelligence Effects.’’ Testimony was heard from John Howard, Surveillance Act: The Role of Checks and Balances M.D., Director, National Institute for Occupational in Protecting Americans’ Privacy Rights (Part II). Safety and Health; Department of Health and Testimony was heard from Michael McConnell, Di- Human Services; Cynthia Bascetta, Director, Health rector, National Intelligence; and Kenneth Care Issues, GAO; James Melius, M.D., Laborers’ Wainstein, Assistant Attorney General, National Se- Health and Safety Fund, New York; Edward Slyler, curity, Department of Justice. Deputy Mayor, Administration, City of New York; STATUE OF LIBERTY NATIONAL and public witnesses. MONUMENT MANAGEMENT NUCLEAR TERRORISM PREVENTION Committee on Natural Resources: Subcommittee on Na- Committee on Energy and Commerce: Subcommittee on tional Parks, Forests and Public Lands held an over- Oversight and Investigations held a hearing entitled sight hearing entitled ‘‘Management of the Statue of ‘‘Nuclear Terrorism Prevention: Status Report on the Liberty National Monument.’’ Testimony was heard Federal Government’s Assessment of New Radiation from Representatives Weiner and Sires; Daniel N. Detection Monitors.’’ Testimony was heard from Wenk, Deputy Director, National Park Service, De- Gene Aloise, Director, Natural Resources and Envi- partment of the Interior; and public witnesses. ronment Division, GAO; the following officials of MISCELLANEOUS MEASURES the Department of Homeland Security: Vayl Oxford, Director, Domestic Nuclear Detection Office; and Committee on Natural Resources: Subcommittee on Dave Huizenga, Assistant Deputy Administrator, Water and Power held a hearing on the following Office of International Material Protection and Co- bills: H.R. 2733, Trinity River Restoration Fund operation, National Nuclear Security Administration; Act of 12007; and H.R. 2085, McGee Creek Project and Paul A. Schneider, Under Secretary, Manage- Pipeline and Associated Facilities Conveyance Act. ment. Testimony was heard from Robert Johnson, Commis- sioner, Bureau of Reclamation, Department of the MISCELLANEOUS MEASURES Interior; and public witnesses. Committee on Financial Services: Ordered reported the MISCELLANEOUS MEASURES following bills: H.R. 2868, To eliminate the exemption from State regulation for certain securities des- Committee on Oversight and Government Reform: Sub- ignated by national securities; H.R. 2787, amended, committee on Federal Workforce, Postal Service and CJ’s Home Protection Act of 2007; and H.R. 3526, the District of Columbia approved for full Com- To include all banking agencies within the existing mittee action the following bills: H.R. 2780, regulatory authority under the Federal Trade Com- amended, To amend section 8339(p) of title 5, mission Act with respect to depository institutions. United States Code, to clarify the method for com- The Committee also approved pending Committee puting certain annuities under the Civil Service Re- business. tirement System which are based on part-time service; H.R. 1236, amended, To make permanent the U.S.-SAUDI ARABIA RELATIONS authority of the United States Postal Service to issue Committee on Foreign Affairs: Subcommittee on the a special postage stamp to support breast cancer re- Middle East and South Asia held a hearing on U.S. search; H.R. 2414, amended, Metropolitan Police Relations with Saudi Arabia: Oil, Anxiety, and Am- Department and Fire Service Act of 2007; H.R. bivalence. Testimony was heard from public wit- 3551, To reauthorize the Merit Systems Protection nesses. Board and the Office of Special Counsel, to modify the procedures of the Merit Systems Protection DEPARTMENT OF HOMELAND SECURITY Board and the Office of Special Counsel; and H.R. REVIEW 1110, to amend the Internal Revenue Code of 1986 Committee on Homeland Security: Held a hearing enti- to allow Federal civilian and military retirees to pay tled ‘‘The Grades Are In—Is the Department of health insurance premiums on a pretax basis and to Homeland Security Measuring Up?’’ Testimony was allow a deduction for TRICARE supplemental pre- heard from David M. Walker, Comptroller General, miums.

VerDate Aug 31 2005 04:48 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D18SE7.REC D18SEPT1 cnoel on PRODPC60 with DIGEST_CN D1218 CONGRESSIONAL RECORD — DAILY DIGEST September 18, 2007 TERRORISM RISK INSURANCE REVISION VA ASSESSMENT AND EXTENSION ACT OF 2007 Committee on Veterans’ Affairs: Held a hearing on the Committee on Rules: Granted, by a vote of 8 to 3, a state of the Department of Veterans Affairs. Testi- structured rule. The rule provides 1 hour of general mony was heard from R. James Nicholson, Secretary debate on H.R. 2761.Terrorism Risk Insurance Revi- of Veterans Affairs. sion and Extension Act of 2007, equally divided and MISCELLANEOUS MEASURES controlled by the Chairman and Ranking Minority Member of the Committee on Financial Services. The Committee on Ways and Means: Ordered reported the rule waives all points of order against consideration following bills: H.R. 3375, amended, To amend the of the bill except for clauses 9 and 10 of rule XXI. trade adjustment assistance program under the Trade The rule provides that the amendment in the nature Act of 1974 for 3 months; H.R. 3640, Federal Avia- of a substitute recommended by the Committee on tion Administration Extension Act of 2007; and Financial Services, modified by the amendment H.R. 3539, amended, Airport and Airway Trust printed in Part A of the Rules Committee report, Fund Financing Act of 2007. shall be considered as adopted. The bill as amended FISA shall be considered as an original bill for the purpose Permanent Select Committee on Intelligence: Held a hear- of amendment and shall be considered as read. The ing on FISA. Testimony was heard from public wit- rule waives all points of order against provisions in nesses. the bill as amended. BRIEFING—BIOLOGICAL THREATS The rule makes in order only those further amendments printed in Part B of the Rules Com- Permanent Select Committee on Intelligence: Met in execu- mittee report. The further amendments made in tive session to receive a briefing on current efforts order in Part B may be offered only in the order against biological threats. The Committee was printed in the report, may be offered only by a briefed by departmental witnesses. Member designated in the report, shall be considered f as read, shall be debatable for the time specified in the report equally divided and controlled by the pro- COMMITTEE MEETINGS FOR WEDNESDAY, ponent and an opponent, shall not be subject to SEPTEMBER 19, 2007 amendment, and shall not be subject to a demand (Committee meetings are open unless otherwise indicated) for division of the question in the House or in the Senate Committee of the Whole. All points of order against the amendments except for clauses 9 and 10 of rule Committee on Banking, Housing, and Urban Affairs: busi- XXI are waived. The rule provides one motion to re- ness meeting to markup S. 1518, to amend the McKin- ney-Vento Homeless Assistance Act to reauthorize the commit with or without instructions. Finally, the Act, and H.R. 835, to reauthorize the programs of the rule provides that the Chair may postpone further Department of Housing and Urban Development for consideration of the bill to a time designated by the housing assistance for Native Hawaiians, and an original Speaker. bill entitled, ‘‘FHA Modernization Act of 2007’’, 10 a.m., SD–538. SAME DAY CONSIDERATION OF CERTAIN Committee on Environment and Public Works: Sub- RESOLUTIONS REPORTED FROM THE committee on Transportation Safety, Infrastructure Secu- RULES COMMITTEE rity, and Water Quality, to hold hearings to examine America’s wastewater infrastructure needs in the 21st cen- Committee on Rules: Granted, by a voice vote, a rule tury, 10 a.m., SD–406. waiving clause 6(a) of rule XIII (requiring a two- Committee on Foreign Relations: to hold hearings to exam- thirds vote to consider a rule on the same day it is ine the nominations of Barry Leon Wells, of Ohio, to be reported from the Rules Committee) against certain Ambassador to the Republic of The Gambia, Robin resolutions reported from the Rules Committee. The Renee Sanders, of New York, to be Ambassador to the rule applies the waiver to any resolution reported Federal Republic of Nigeria, Mark M. Boulware, of through the legislative day of Wednesday, Sep- Texas, to be Ambassador to the Islamic Republic of Mau- tember 19, 2007, that provides for consideration of ritania, James D. McGee, of Florida, to be Ambassador to the Republic of Zimbabwe, Ronald K. McMullen, of a bill to amend the Federal Food, Drug, and Cos- Iowa, to be Ambassador to the State of Eritrea, and Louis metic Act to revise and extend the user-fee programs John Nigro, Jr., of Florida, to be Ambassador to the Re- for prescription drugs and for medical devices, to en- public of Chad, 9:30 a.m., SD–419. hance the post market authorities of the Food and Subcommittee on International Operations and Organi- Drug Administration with respect to the safety of zations, Democracy and Human Rights, to hold hearings drugs, and for other purposes. to examine the Everglades, focusing on protecting natural

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treasures through international organizations, 3 p.m., expanding strategic relationship between the United SD–419. States and Brazil, commending Brazil on successfully re- Committee on Indian Affairs: to hold hearings to examine ducing its dependence on oil by finding alternative ways the process of federal recognition of Indian tribes, 9:30 to satisfy its energy needs, and recognizing the impor- a.m., SD–628. tance of the March 9, 2007, United States-Brazil Memo- Committee on the Judiciary: Subcommittee on Human randum of Understanding (MOU) on biofuels coopera- Rights and the Law, to hold hearings to examine the tion; followed by a hearing on U.S.-Brazil Relations, 2:30 ‘‘material support to terrorist organizations’’ bar to admis- p.m., 2172 Rayburn. sion to asylum and resettlement in the United States, fo- Committee on the Judiciary, Subcommittee on Commer- cusing on the denial of refuge to the persecuted, 2:30 cial and Administrative Law, hearing and mark up of p.m., SD–226. H.R. 3564, Regulatory Improvement Act of 2007, 2 Committee on Rules and Administration: to hold a hearing p.m., 2141 Rayburn. to examine S. 1905, to provide for a rotating schedule for Committee on Natural Resources, oversight hearing on Di- regional selection of delegates to a national Presidential versifying Native Economies, 10 a.m., 1324 Longworth. nominating convention, 9:30 a.m., SR–301. Committee on Rules, to consider H.R. 2881, FAA Reau- Committee on Veterans’ Affairs: to hold hearings to exam- thorization Act of 2007, 3 p.m., H–313 Capitol. ine the current state of affairs for information technology Committee on Science and Technology, hearing on Bridge with the Department of Veterans Affairs, 9:30 a.m., Safety: Next Steps to Protect the Nation’s Critical Infra- SD–562. structure, 10 a.m., 2318 Rayburn. Special Committee on Aging: to hold hearings to examine Committee on Small Business, hearing to examine the preparing for the digital television transition, focusing on Small Business Administration’s contracting programs, 10 how senior citizens will be affected, 10:30 a.m., SD–106. a.m., 2360 Rayburn. House Committee on Transportation and Infrastructure, Sub- committee on Coast Guard and Maritime Transportation, Committee on Education and Labor, hearing on H.R. hearing on Cruise Ship Security Practices and Procedures, 1644, Re-Empowerment of Skilled and Professional Em- 11 a.m., 2167 Rayburn. ployees and Construction Tradesworkers (RESPECT) Act, Committee on Veterans’ Affairs, hearing on the findings 10 a.m., 2175 Rayburn. of the President’s Commission on Care for America’s Re- Committee on Energy and Commerce, Subcommittee on turning Wounded Warriors, 10 a.m., 334 Cannon. Commerce, Trade, and Consumer Protection, hearing en- Committee on Ways and Means, titled ‘‘Protecting Children from Lead-Tainted Imports,’’ Subcommittee on Health, 10 a.m., 2123 Rayburn. to mark up H.R. 1424, Paul Wellstone Mental Health Subcommittee on Telecommunications and the Inter- and Addiction Equity Act of 2007, 10 a.m., 1100 Long- net, hearing entitled ‘‘Issues in Emergency Communica- worth. tions: A Legislative Hearing on H.R. 3403, 911 Mod- Subcommittee on Income Security and Family Support, ernization and Public Safety Act of 2007, and an Over- hearing on Unemployment Insurance to Reduce Barriers sight Hearing of the Department of Homeland Security’s for Jobless Workers, 1 p.m., B–318 Rayburn. Office of Emergency Communications,’’ 10 a.m., 2322 Permanent Select Committee on Intelligence, executive, brief- Rayburn. ing on Hot-Spots, 8:45 a.m., H–405 Capitol. Committee on Foreign Affairs, hearing on Assessment of the Administration’s September Report on the Status of Joint Meetings U.S. Political and Military Efforts in Iraq, 10 a.m., 2172 Joint Economic Committee: to hold hearings to ex- Rayburn. amine the evolution of an economic crisis, focusing on Subcommittee on the Western Hemisphere, to mark the subprime lending disaster and the threat to the up H. Res. 651, Recognizing the warm friendship and broader economy, 9:30 a.m., SH–216.

VerDate Aug 31 2005 04:48 Sep 19, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D18SE7.REC D18SEPT1 cnoel on PRODPC60 with DIGEST_CN D1220 CONGRESSIONAL RECORD — DAILY DIGEST September 18, 2007

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, September 19 10 a.m., Wednesday, September 19

Senate Chamber House Chamber Program for Wednesday: Senate will continue consider- Program for Wednesday: Consideration of H.R. ation of H.R. 1585, National Defense Authorization Act 2761—Terrorism Risk Insurance Revision and Extension and after a period of debate, vote on the motion to in- Act of 2007 (Subject to a Rule). voke cloture on Levin (for Specter/Leahy) Amendment No. 2022 at approximately 10:30 a.m.

Extensions of Remarks, as inserted in this issue

HOUSE Ehlers, Vernon J., Mich., E1909 Poe, Ted, Tex., E1913 Farr, Sam, Calif., E1909 Rangel, Charles B., N.Y., E1910 Berkley, Shelley, Nev., E1905, E1906 Garrett, Scott, N.J., E1910 Renzi, Rick, Ariz., E1918 Bishop, Sanford D., Jr., Ga., E1905, E1908 Hastings, Alcee L., Fla., E1915 Sa´ nchez, Linda T., Calif., E1909 Bordallo, Madeleine Z., Guam, E1914, E1918 Johnson, Timothy V., Ill., E1909 Sestak, Joe, Pa., E1905, E1906, E1907, E1908 Brady, Robert A., Pa., E1911 King, Peter T., N.Y., E1908 Shimkus, John, Ill., E1910 Brown, Corrine, Fla., E1915 Lewis, Ron, Ky., E1906, E1908 Smith, Christopher H., N.J., E1918 Carson, Julia, Ind., E1913 Lofgren, Zoe, Calif., E1908 Towns, Edolphus, N.Y., E1905, E1906 Chandler, Ben, Ky., E1920 Matheson, Jim, Utah, E1914 Visclosky, Peter J., Ind., E1914 Cleaver, Emanuel, Mo., E1911 Murphy, Christopher S., Conn., E1912 Yarmuth, John A., Ky., E1912 Davis, Tom, Va., E1909 Ortiz, Solomon P., Tex., E1910 Young, Don, Alaska, E1913

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