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, WEDNESDAY, JANUARY 10, 2007 No. 5 House of Representatives The House met at 10 a.m. and was Mr. STEARNS led the Pledge of Alle- stillness of the vast night, a speeding called to order by the Speaker pro tem- giance as follows: Suburban runs a red light. Deputy Her- pore (Mr. HASTINGS of Florida). I pledge allegiance to the Flag of the nandez, 25, stops the vehicle, but sud- f United States of America, and to the Repub- denly, without warning, the vehicle lic for which it stands, one nation under God, takes off. Deputy Hernandez says the DESIGNATION OF THE SPEAKER indivisible, with liberty and justice for all. vehicle tried to run him down. The law- PRO TEMPORE f man fires several shots, one of which The SPEAKER pro tempore laid be- IRAQI SURGE shoots out the rear tire, just like in the fore the House the following commu- movies. nication from the Speaker: (Mr. MORAN of Virginia asked and The vehicle stops, and eight or nine WASHINGTON, DC. was given permission to address the illegals jump out and take off running January 10, 2007. House for 1 minute and to revise and into the sagebrush. One illegal had a I hereby appoint the Honorable ALCEE L. extend his remarks.) minor injury from a bullet. The U.S. HASTINGS to act as Speaker pro tempore on Mr. MORAN of Virginia. Mr. Speak- Government rounds up six or seven of this day. er, the President’s proposal that he the illegals and, guess what, prosecutes NANCY PELOSI, will announce tonight to increase rath- Speaker of the House of Representatives. Deputy Hernandez, claiming he reck- er than decrease the number of troops lessly discharged his firearm and uses f in Iraq defies the reality on the ground the illegals as witnesses against the PRAYER and the advice of our wisest military lawman during a trial. The Chaplain, the Reverend Daniel P. commanders. This decision will only Citizens of his town are mad. One Coughlin, offered the following prayer: serve to put more forces in the cross- said, ‘‘Our deputy’s in jail for doing his ‘‘Let us sing a new song to the Lord. fire of a growing civil war. If there ever job.’’ Let us praise the Lord in all the was a justifiable mission to depose a Mr. Speaker, another example of how works of justice.’’ ruthless dictator, that mission has the Federal Government is more con- Lord, may the Nation be strength- been accomplished. The Congress never cerned about people illegally invading ened in hope and be inspired to think authorized this military occupation. It America than it is about the men who through things anew. With new Mem- is irresponsible and, in fact, immoral protect America. Once again, our gov- bers and experienced Members working to allow more innocent American lives ernment is on the wrong side of the together in Congress, may new tactics to be lost in vain. border war. and decisions be revealed as the will of Iraq is an artificial nation that was And that’s just the way it is. the people and in accord with Your created by Winston Churchill and Ger- f trude Bell in 1922 to promote their con- provident plan. CONGRATULATING BULGARIA ON In You, O Lord, we find creativity, cept of British imperialism. The re- ality is that this was never a winnable BEING ADMITTED INTO THE EU- wisdom and faithful love, now and for- ROPEAN UNION ever. Amen. war for the United States of America nor in my view is it a sustainable civil (Mr. WILSON of South Carolina f society, and adding more troops is not asked and was given permission to ad- THE JOURNAL going to change that reality. dress the House for 1 minute and to re- The SPEAKER pro tempore. The f vise and extend his remarks.) Chair has examined the Journal of the Mr. WILSON of South Carolina. Mr. DEPUTY GILMER HERNANDEZ— last day’s proceedings and announces Speaker, this has been a joyous new BORDER LAWMAN to the House his approval thereof. year for the people of Bulgaria. On Jan- Pursuant to clause 1, rule I, the Jour- (Mr. POE asked and was given per- uary 1, Bulgaria and Romania were ad- nal stands approved. mission to address the House for 1 mitted into the European Union. In f minute.) less than 16 years Bulgaria has success- Mr. POE. Mr. Speaker, in the small fully transitioned from a Communist PLEDGE OF ALLEGIANCE border town of Rocksprings, Texas, totalitarian regime into a free market The SPEAKER pro tempore. Will the where drug smugglers and human democracy. gentleman from Florida (Mr. STEARNS) smugglers sneak across the Rio Grande Three years ago, I was honored to be come forward and lead the House in the into America, lone Deputy Sheriff at the White House with former Prime Pledge of Allegiance. Gilmer Hernandez was on patrol. In the Minister Simeon Saxe-Coburg Gotha as

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 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE H256 CONGRESSIONAL RECORD — HOUSE January 10, 2007 Bulgaria was admitted into NATO. Bul- ity, spirit and, of course, their desire to curing diseases and the potential for garia has proven to be a true ally in succeed. I take great pride in rep- regenerative tissue growth are possible the global war on terrorism and there resenting the University of Florida and in a moral and ethical way. are currently plans for three U.S. bases congratulate Coach Urban Meyer and I am proud to recognize the truly to be located within Bulgaria. Bulgaria the entire university on this great ac- amazing work of Wake Forest Univer- has one of the fastest-growing Euro- complishment. sity’s Institute of Regenerative Medi- pean economies, and membership in The SPEAKER pro tempore. I wanted cine and look forward to the promise of the EU will accelerate its pace. to ask my colleague to continue for an- its continued research. Congratulations to President Georgi other minute since I am from Florida. f Parvanov, Prime Minister Sergey f Stanishev, Ambassador to Washington b 1015 IRAQI SURGE Elena Poptodorova, and my longtime RAISING THE MINIMUM WAGE friend and former ambassador to Ath- (Mr. INSLEE asked and was given (Mr. SCHIFF asked and was given ens, Stefan Stoyanov. I am grateful to permission to address the House for 1 permission to address the House for 1 serve with Congresswoman ELLEN minute.) minute and to revise and extend his re- TAUSCHER as co-chair of the Bulgaria Mr. INSLEE. Mr. Speaker, we need a marks.) Caucus. surge of congressional action to stop Mr. SCHIFF. Mr. Speaker, today we In conclusion, God bless our troops, George Bush’s disastrous policy in have the opportunity to raise the and we will never forget September 11. Iraq. The country needs and is des- wages of 13 million Americans, and we f perate for a change in policy in Iraq, and tonight President George Bush will should take it. IT’S TIME TO RAISE THE MINIMUM continue his policy of failure, of giving Why raise the minimum wage in WAGE us just more of the same. America? For the simple reason that (Mr. AL GREEN of Texas asked and It is clear that we need to insist on a men and women in the richest Nation was given permission to address the political solution in Iraq rather than to on Earth should not work full time and House for 1 minute and to revise and insist on Americans continuing to pour still be relegated to living in poverty. extend his remarks.) billions of dollars and thousands of What does it mean for the father or Mr. AL GREEN of Texas. It’s time to lives into this political chaos in Iraq. mother in a family of three to live on raise the minimum wage. The President has refused to listen to the current minimum wage? It means Mr. Speaker, I love America, and I the bipartisan panel calling for a an income of $10,000 a year. want to make real the ideal expressed change in Iraq. He has refused to listen Imagine living in Glendale, Burbank in the Pledge of Allegiance, liberty and to the American people. But he cannot or Pasadena, or any city in America, justice for all. Justice not just for refuse to listen to a Congress that ful- and trying to get by on $10,000 a year. those who make more in a day than a fills its obligation under the Constitu- A raise in the minimum wage will be minimum wage worker makes in a tion to exercise the power of the purse an additional $4,000 for that family of year, not just for those who are in, to stop this misguided escalation. three. It will mean more groceries on those who are in charge, in control, in- The U.S. House should vote in clear the table and a greater opportunity to cluded, but justice also for those who and no uncertain terms to fund the get health care. It will mean poten- are out, who are left out of the eco- troops that are there and to cut off tially pulling that family out of pov- nomic recovery, who are without funding for any escalation. It is our erty. It is the right thing to do. We health insurance, who are locked out of constitutional obligation. It is a com- have the opportunity today to make an apartment because they cannot af- monsense policy to insist on Iraqis that happen for millions, and we should ford to pay rent. standing up. That is the direction and take it. Mr. Speaker, in the final analysis, the change we need in this country. f the justness of America will not be de- f REDUCING TAX AND REGULATORY termined by how we treat millionaires STEM CELL BREAKTHROUGH BURDEN in the suites of life but, rather, how we treat minimum wage workers in the (Ms. FOXX asked and was given per- (Mr. DREIER asked and was given streets of life. mission to address the House for 1 permission to address the House for 1 f minute and to revise and extend her re- minute and to revise and extend his re- marks.) marks.) GO GATORS Ms. FOXX. Mr. Speaker, I rise today Mr. DREIER. Mr. Speaker, I rise to (Mr. STEARNS asked and was given to recognize and congratulate Wake speak briefly about the issue that my permission to address the House for 1 Forest University’s Institute for Re- good friend from Burbank, Mr. SCHIFF, minute and to revise and extend his re- generative Medicine for its recent med- did, and that is the issue of minimum marks.) ical breakthrough in amniotic fluid wage. Mr. STEARNS. Mr. Speaker, I rise stem cell research. Using these specific I am well aware of the fact that 80 today to congratulate the University of cells does not require the destruction percent of the American people believe Florida Gators for their win Monday of human life at any stage. we should increase the minimum wage, night to capture their second football This is tremendous news. Not only and I am for everyone’s wage being in- national championship. With the does this prevent the destruction of creased. I want those who are strug- Gators’ 41–14 defeat of the Ohio State human life but these stem cells have gling to get on the first rung of the Buckeyes, they become the first Divi- amazing properties that show very economic ladder to have every oppor- sion I school to hold the national promising results. Unlike embryonic tunity possible. championship in men’s basketball and stem cells, these remain stable for That is why I think it is very impor- football at the same time. years without forming tumors and are tant that as we prepare to embark on Coming into this game, many of the easily retrieved for medical use. They this debate on the minimum wage, that so-called experts did not give the also have the ability to grow into we focus on the most important item Gators any chance of defeating the pre- brain, muscle and other forms of tissue that we face and that was raised by Mr. viously undefeated Buckeyes. However, that could potentially cure diseases. In SCHIFF, that being the issue of our once they took the field, the Gators addition, since these cells are a genetic being the richest economy in the were not intimidated. In fact, the match to a fetus, they can be used to world. Gators held Ohio State to only 82 yards help cure birth defects or even be fro- Mr. Speaker, that is not by accident. of total offense, the fewest number of zen over time to use as a personalized It is because of policies that we have yards in BCS history. tissue bank for use later in life. put into place that are doing every- The Florida Gators are an excellent In addition to being a medical break- thing we can to ensure economic example of both the university and the through, this gives hope to millions growth. So that is why as we look at great State of Florida in their tenac- who support the sanctity of life that this issue of making sure that people

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE January 10, 2007 CONGRESSIONAL RECORD — HOUSE H257 who are dealing with economic chal- WORKERS IN NEED OF A PAY DEMOCRATS TAKE NATION IN NEW lenges, we need to make sure that job RAISE DIRECTION creation is priority number one. And (Mr. SARBANES asked and was given (Ms. EDDIE BERNICE JOHNSON of that is why focusing on reducing the permission to address the House for 1 Texas asked and was given permission tax and regulatory burden on those minute and to revise and extend his re- to address the House for 1 minute and who are creating jobs should be pri- marks.) to revise and extend her remarks.) ority number one. Mr. SARBANES. Mr. Speaker, there Ms. EDDIE BERNICE JOHNSON of f are millions of workers in this Nation Texas. Mr. Speaker, this month Demo- INCREASING MINIMUM WAGE in desperate need of a pay raise. They crats will take action on a bold agenda work full time, struggling to make that includes all Americans. During (Ms. WATSON asked and was given ends meet and support their families our first 100 hours of legislative work, permission to address the House for 1 while bringing home a little more than we are going to expand economic op- minute and to revise and extend her re- $10,000 a year in pay. These workers are portunities to millions of Americans marks.) currently making the minimum wage, who have been left standing in need for Ms. WATSON. Mr. Speaker, as this which has not moved from $5.15 an hour 6 years at least. session of Congress begins, one of the for almost a decade, making it the low- Hardworking middle class Americans most important pieces of legislation is est minimum wage in 50 years when ad- feel like they have been left behind. the one we have been discussing, and justed for inflation. While CEOs see millions of dollars in that is increasing the minimum wage. This is a national embarrassment. As bonuses and large pay increases, mid- This bill is long overdue. Dr. Martin Luther King, Jr., said: In dle class workers have faced stagnant During the first 100 hours, this Con- this rich Nation, it is a crime that any wages for well over 5 years. And while gress will vote to extend economic American should have to work for star- their wages remain virtually the same, prosperity to 7.3 million Americans vation wages. they are trying to stretch every pay- who have been left behind for far too Today we have an opportunity to check to better afford increasing edu- long. It has been almost a decade since come together and give American cation and health care costs. the Federal minimum wage has been workers an urgently needed pay raise. This month, Congress will give these increased. Today, a minimum wage Mr. Speaker, this legislation is one of families some much-needed help. For worker is trying to make due on less the most fair and necessary bills we families trying to afford a college edu- than $11,000 a year. This is simply im- will pass during this first 100 hours of cation for their children, we are going possible; $5.15 an hour is simply not a the new Congress. It provides all of us to cut student loan interest rates in fair and livable wage for hardworking an opportunity to help our most vul- half, which should save the average Americans. In fact, the minimum wage nerable constituents improve their borrower about $5,000 over the life of is at its lowest purchasing level in over quality of life. the loan. 50 years. In America, we believe that if you For seniors struggling to pay for high It is time Washington stands up for work hard and play by the rules, you price prescription drug costs, we are the little guy and gives more than 6 can make a decent living for your fam- going to lessen the burden by giving million workers a much-deserved pay ily. Let’s demonstrate our commit- the Federal Government the ability to raise. ment to that today. actually negotiate for lower drug f f prices. CHANGE COURSE IN IRAQ Today we will give working Ameri- (Mr. NADLER asked and was given WHY WE CAN’T WAIT cans a minimum wage increase. permission to address the House for 1 (Ms. JACKSON-LEE of Texas asked f minute and to revise and extend his re- and was given permission to address marks.) the House for 1 minute and to revise LIVABLE WAGE Mr. NADLER. Mr. Speaker, what a and extend her remarks.) (Mr. ELLISON asked and was given deaf President we have. The American Ms. JACKSON-LEE of Texas. Mr. permission to address the House for 1 people told him loud and clear on No- Speaker, in this week of recognition minute and to revise and extend his re- vember 7 that we want to change and admiration of Dr. Martin Luther marks.) course in Iraq. He doesn’t hear them. King, Jr., I am reminded of a book he Mr. ELLISON. Mr. Speaker, today The Iraq Study Group told him loud wrote and the words ‘‘why we can’t the hardworking men and women of and clear we must change course in wait’’ which emphasized the urgency of America have reason to rejoice. Today Iraq and certainly not escalate; he the civil rights movement for the then from the people’s House, the House of doesn’t hear them. Negro in the United States of America. Representatives, we have heard the call His generals tell him that more Today we rise to indicate to America of the people of America, and we will troops won’t do any good, will simply we cannot wait for an increase in the today say that labor has dignity and increase American casualties; he hears minimum wage. We cannot wait for the working people of America deserve them, but he fires them and gets gen- that waitress who asked me when she a raise in pay. erals that will tell him what he wants would be able to provide more for her It has been a long time coming, to hear. children and have the opportunity for about 10 years; too long in fact, too There is nothing more clear today the American dream. long. Fifteen million people will ben- than that the civil war in Iraq is a civil By raising the minimum wage today, efit. But the people who get the pay in- war, that there is no function for the we impact 7 million women, 3.4 million crease, they will not be the only bene- United States to try to help one side parents, and we raise it from $5.15 to ficiaries. You and I will be able to against the other in that civil war. In- $7.25 over 2 years. In 9 years, 10 years, claim a generous Nation that believes deed, one could make the case we we have not raised the minimum wage. that all labor is dignified and must be picked the wrong side, and that we I say this in the backdrop of the honored with fair and decent pay. must withdraw our troops. We must President’s speech tonight on Iraq, be- Poverty has increased every year tell the Iraqis that we are withdrawing, cause that theme follows why we can’t over the last 6 years. The ranks of the and we are withdrawing on a timetable. wait for a successful policy in Iraq, and uninsured have increased every year You make a deal with each other, you why we can’t wait to have the Presi- over the last 6 years; and something live together or fight your own civil dent change directions to ensure that else has increased over the last 6 years, war, we are not going to do it for you. we eliminate that failed policy. executive pay. Mr. Speaker, for that we should not We are going to stand for a new di- An average CEO makes more before escalate. We should pass legislation in rection in Iraq, saving our soldiers and lunch than the average minimum wage this Congress saying funds that are ap- bringing them home with dignity. And worker makes all year long. propriated can be used only to protect we are going to stand for working fami- Today, the House recognizes that all labor the troops and to withdraw them. lies in America. is important; all workers deserve dignity.

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 7634 Sfmt 9920 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE H258 CONGRESSIONAL RECORD — HOUSE January 10, 2007 Today, the House recognizes that 37 million I would say to you that the reason week every week, it is time for this Congress people living in poverty is not acceptable. most jobs do not pay minimum wage to increase the minimum wage and give Amer- And this should mark a new beginning. anymore is because the economy has ica’s hardest workers a fair wage for a fair Toward concerning all—because a loving moved the central government plan- day’s work. nation looks out for the health and wellness of ning of Congress and the thinking of f all its people. 1938 which set the law in motion to Today’s a step towards a livable wage—not begin with. With that, Mr. Speaker, I b 1030 just a minimum wage. look forward to the debate today. FAUX KLINGONS SENDING REAL Toward economic justice. f AMERICANS TO WAR f PASS MINIMUM WAGE ACT (Mr. WU asked and was given permis- PASS FAIR MINIMUM WAGE ACT (Ms. LORETTA SANCHEZ of Cali- sion to address the House for 1 minute.) (Mr. LOEBSACK asked and was given fornia asked and was given permission Mr. WU. Mr. Speaker, 4 years ago, permission to address the House for 1 to address the House for 1 minute and this administration took America to minute and to revise and extend his re- to revise and extend her remarks.) war in Iraq without adequate evidence. marks.) Ms. LORETTA SANCHEZ of Cali- Since that time, the administration Mr. LOEBSACK. Mr. Speaker, the fornia. Mr. Speaker, I rise today in has not listened to the American peo- Fair Minimum Wage Act is aptly strong support of H.R. 2, the Fair Min- ple, it hasn’t listened to our profes- named because this legislation is about imum Wage Act of 2007, and I am glad sional military, and it certainly hasn’t fairness, about shrinking the ever-wid- it will pass today in the House of Rep- listened to this Congress. ening gap between those who can afford resentatives, because for too long the It was said of a prominent business- to live in our society and those who disparity between the wealthiest and man in downtown Portland that he struggle every day to make ends meet. the poor has been going on and con- never listened to anybody and that if My constituents in Iowa and people tinuing to grow in America. And it is he was ever drawn in a cartoon he across America are working harder, in no small part due to the Republicans would be drawn without ears. but they are not receiving the fruits of not raising the minimum wage in al- Now, this President has listened to their labor, and many face daily finan- most 10 years. some people, the so-called Vulcans in cial hardships. Imagine this, you work for $5.15 an the White House, the ideologues. But I am very concerned that while Con- hour. You work all year round, and not unlike the Vulcans of Star Trek, who gress has failed to raise the minimum your take-home pay but your gross pay made the decisions based on logic and wage for the past 10 years, the salaries is $10,700. That is $6,000 below the pov- fact, these guys make it on ideology. of the Members of this body have risen erty level for a family of three every These aren’t Vulcans. There are dramatically. For the past 10 years, the year. Klingons in the White House. But un- minimum wage remains stagnant at The minimum wage has not gone up. like the real Klingons of Star Trek, $5.15 an hour, but annual congressional Real income, the buying power of the these Klingons have never fought a salaries rose by more than three times dollar has gone down for Americans. battle of their own. what a minimum wage earner makes in And the cost of health insurance, of Don’t led faux Klingons send real a year. gasoline, of home heating, of tuition at Americans to war. It is wrong. I call on all of my colleagues today college has gone up by $5,000 since the f to promptly increase the minimum year 2000. So this is an important law wage and show America that we are to pass today. ANSWERING THE CHALLENGE TO about fairness, about rewarding those f THE ESCALATION OF THE WAR who work hard day in and day out. IN IRAQ SUPPORTING MINIMUM WAGE f (Mr. BRALEY of Iowa asked and was (Mr. JOHNSON of Georgia asked and given permission to address the House MINIMUM WAGE IS ARBITRARY was given permission to address the for 1 minute.) NUMBER House for 1 minute and to revise and Mr. BRALEY of Iowa. Mr. Speaker, I (Mr. KINGSTON asked and was given extend his remarks.) permission to address the House for 1 Mr. JOHNSON of Georgia. Mr. Speak- rise to commemorate an historic event minute and to revise and extend his re- er, I want to make sure that my first that occurred in this Chamber 91 years marks.) public words on this sacred floor ad- ago during the middle of the Great Mr. KINGSTON. Mr. Speaker, despite dress an issue of utmost importance to War, the war to end all wars. vastly overwhelming numbers, I rise to the citizens of this great Nation. On January 10, 1918, this House address the House, and I apparently Today, we will be considering H.R. 2, passed a constitutional amendment represent the entire body on this side the Fair Minimum Wage Act of 2007, to granting women the right to vote by a of the aisle. give 13 million Americans a pay raise. vote of 274 to 136. Representative Jea- I want to say this to my Democrat This is legislation which I am pleased nette Rankin from Montana, the first friends, and I understand the vote here to be an original cosponsor of. woman to serve in this body, whose and I understand the politics of min- Increasing the minimum wage is nec- statue appears in Statuary Hall and imum wage, but why $7.50 an hour, essary. It is a necessary step to help 38 who became the first woman to serve $7.15, whatever it is? Why not $8? Why million Americans living in poverty. in Congress in 1917, asked her male col- not $9? It is an arbitrary number any- Yet the Congress for almost 10 years leagues this important question in ask- how. Maybe $15, maybe $20 an hour. It has failed to assist this population by ing them to support that amendment: is an arbitrary number. If we are com- increasing the minimum wage to a de- ‘‘How shall we answer the challenge, mand and control, central government cent wage. An increase in the min- gentlemen?’’ planning anyhow, why is $7 an hour imum wage would help nearly 700,000 Her question is worth repeating sufficient? Georgia workers. today as President Bush prepares to es- In 1980, 15 percent of the workers in As I understand it, Mr. Speaker, the calate the war in Iraq. We need to re- America were on minimum wage. majority leadership of the 109th Con- peat her question: How shall we answer Today, it is 2.5 percent. Who are they? gress felt it necessary to award them- this challenge? Fifty-two percent are teenagers. Thirty selves a pay raise despite the fact that f percent are part-timers. And 40 percent they worked just over 100 days in 2006. have never held a job before. Given that more than half of Ameri- SUPPORT THE STEM CELL Many studies show that when the cans will benefit from this wage in- RESEARCH ENHANCEMENT ACT minimum wage increases, small busi- crease, I am looking forward to Ameri- (Mr. MURPHY of Connecticut asked nesses who will be most affected actu- cans getting a fair wage today and and was given permission to address ally decrease the number of jobs, thus have this bill pass. the House for 1 minute.) hurting those whom we are supposed to Given that more than half of Americans who Mr. MURPHY of Connecticut. Mr. be helping. will benefit from this wage increase work a full Speaker, today, we will have the

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE January 10, 2007 CONGRESSIONAL RECORD — HOUSE H259 chance to grant relief to millions of Many years ago, Henry Ford was Hayes, Mr. Calvert, Mrs. Jo Ann Davis of Americans toiling under an unjust criticized for saying that he paid his Virginia, Mr. Akin, Mr. Forbes, Mr. Miller of minimum wage, but later this week we workers better than others, and his Florida, Mr. Wilson of South Carolina, Mr. will also have the opportunity to grant LoBiondo, Mr. Cole of Oklahoma, Mr. Bishop logic was his workers would be able to of Utah, Mr. Turner, Mr. Kline, Mrs. Miller relief to the millions of Americans who buy the cars that they manufactured. of Michigan, Mr. Gingrey, Mr. Rogers of Ala- are suffering from debilitating and life- We want the people today to be able to bama, Mr. Franks of Arizona, Mrs. Drake, threatening diseases by passing the bi- have the right to be able to buy the Ms. McMorris Rodgers, Mr. Conaway, and partisan Stem Cell Research Enhance- things that they need, certainly for Mr. Davis of Kentucky. ment Act. their families. So raising the minimum (3) COMMITTEE ON EDUCATION AND LABOR.— In Connecticut, I was proud to have wage is the right thing to do. Mr. Petri, Mr. Hoekstra, Mr. Castle, Mr. overseen passage of the Nation’s first Souder, Mr. Ehlers, Mrs. Biggert, Mr. Platts, f law investing State funds in life-saving Mr. Keller, Mr. Wilson of South Carolina, Mr. Kline, Mr. Inglis of South Carolina, Mrs. stem cell research. But our $100 million DEMOCRATS MAKE GOOD ON McMorris Rodgers, Mr. Marchant, Mr. Price success story in Connecticut was a bit- THEIR PROMISE TO TAKE AMER- of Georgia, Mr. Fortun˜ o, Mr. Boustany, Ms. tersweet one, since our effort was made ICA IN A NEW DIRECTION Foxx, Mr. Kuhl of New York, Mr. Bishop of necessary only by the Federal Govern- (Mr. PALLONE asked and was given Utah, Mr. David Davis of Tennessee, and Mr. ment’s failure to act. permission to address the House for 1 Walberg. Mr. Speaker, I will be even prouder (4) COMMITTEE ON ENERGY AND COMMERCE.— minute.) to join my colleagues on both sides of Mr. Hall, Mr. Hastert, Mr. Upton, Mr. Mr. PALLONE. Mr. Speaker, Demo- the aisle this week to support legisla- Stearns, Mr. Deal of Georgia, Mr. Whitfield, crats promised that if the American tion that will buttress the hopes of Mr. Norwood, Mrs. Cubin, Mr. Shimkus, Mrs. people trusted us with control of Con- Wilson of New Mexico, Mr. Shadegg, Mr. millions of Americans with the tan- gress, we would take America in a new Pickering, Mr. Fossella, Mr. Buyer, Mr. gible support and resources of their direction. So far, we have made good Radanovich, Mr. Pitts, Mrs. Bono, Mr. Wal- Federal Government, and I hope that on our promise to break the link be- den of Oregon, Mr. Terry, Mr. Ferguson, Mr. this unprecedented show of support Rogers of Michigan, Mrs. Myrick, Mr. Sul- tween lobbyists and legislation, and we here in the people’s House will give our livan, Mr. Murphy, and Mr. Burgess. reinstituted pay-as-you-go budgeting. President cause to reconsider his un- (5) COMMITTEE ON FINANCIAL SERVICES.—Mr. But our work is not done. We are now founded and unpopular decision to op- Baker, Ms. Pryce of Ohio, Mr. Castle, Mr. in our first 100 hours of legislation, and King of New York, Mr. Royce, Mr. Lucas, Mr. pose this life-saving initiative. already we have passed legislation that Paul, Mr. Gillmor, Mr. LaTourette, Mr. Man- f will make America more secure by im- zullo, Mr. Jones of North Carolina, Mrs. WAR IN IRAQ OF BENEFIT TO NO plementing the independent 9/11 Com- Biggert, Mr. Shays, Mr. Gary G. Miller of California, Mrs. Capito, Mr. Feeney, Mr. ONE mission recommendations. Hensarling, Mr. Garrett of New Jersey, Ms. (Ms. SHEA-PORTER asked and was Today, we will give Americans a Ginny Brown-Waite of Florida, Mr. Barrett given permission to address the House much-needed pay raise by increasing of South Carolina, Mr. Renzi, Mr. Gerlach, for 1 minute.) the minimum wage; later this week, we Mr. Pearce, Mr. Neugebauer, Mr. Price of Ms. SHEA-PORTER. Mr. Speaker, are going to begin making health care Georgia, Mr. Davis of Kentucky, Mr. the President of the United States is more affordable by giving the Federal McHenry, Mr. Campbell of California, Mr. Putnam, Mrs. Blackburn, Mrs. Bachmann, going to urge a troop escalation in Government the ability to negotiate for lower prescription drug prices; and and Mr. Roskam. Iraq. I must protest this for the fol- (6) COMMITTEE ON OVERSIGHT AND GOVERN- lowing reasons: tomorrow we are going to give hope to MENT REFORM.—Mr. Burton of Indiana, Mr. This war was wrong from the begin- millions of Americans by allowing Shays, Mr. McHugh, Mr. Mica, Mr. Souder, ning. Our focus should have been Af- stem cell research. Next week, we will Mr. Platts, Mr. Cannon, Mr. Duncan, Mr. ghanistan. We had a real opportunity also move down the path to energy Turner, Mr. Issa, Mr. Marchant, Mr. West- to bring freedom and change to Af- independence by ending subsidies to moreland, Mr. McHenry, Ms. Foxx, Mr. ghanistan. Instead, we diverted our at- Big Oil and investing in renewable en- Bilbray, and Mr. Sali. ergy. (7) COMMITTEE ON HOMELAND SECURITY.— tention to Iraq with disastrous results. Mr. Smith of Texas, Mr. Shays, Mr. Souder, More troops will not bring the United Democrats promise to deliver so we Mr. Tom Davis of Virginia, Mr. Daniel E. States more support from the Iraqis, can take America in a new direction. Lungren of California, Mr. Rogers of Ala- but it will bring our troops and the f bama, Mr. Jindal, Mr. Reichert, Mr. McCaul people of Iraq more misery, more fight- of Texas, Mr. Dent, Ms. Ginny Brown-Waite ing, more injuries and more death. ELECTION OF MINORITY MEMBERS of Florida, Mrs. Blackburn, Mr. Bilirakis, We are spending our children’s future TO CERTAIN STANDING COMMIT- and Mr. David Davis of Tennessee. in this war. TEES OF THE HOUSE (8) COMMITTEE ON FOREIGN AFFAIRS.—Mr. There are no benefits to either the Smith of New Jersey, Mr. Burton of Indiana, Mr. MCKEON. Mr. Speaker, by direc- Mr. Gallegly, Mr. Rohrabacher, Mr. Royce, United States, to Iraq or to the world. tion of the Republican Conference, I Mr. Chabot, Mr. Manzullo, Mr. Tancredo, Mr. f offer a privileged resolution (H. Res. 45) Paul, Mr. Flake, Mrs. Jo Ann Davis of Vir- RIGHTING A WRONG FOR OUR and ask for its immediate consider- ginia, Mr. Pence, Mr. McCotter, Mr. Wilson of South Carolina, Mr. Boozman, Mr. Barrett WORKING FAMILIES ation. The Clerk read the resolution, as fol- of South Carolina, Mr. Mack, Mr. (Mr. WILSON of Ohio asked and was lows: Fortenberry, Mr. McCaul of Texas, Mr. Poe, given permission to address the House Mr. Inglis of South Carolina, and Mr. for 1 minute.) H. RES. 45 Fortun˜ o. Mr. WILSON of Ohio. Mr. Speaker, I Resolved, That the following named mem- (9) COMMITTEE ON THE JUDICIARY.—Mr. Sen- rise to say that what will be going on bers be and are hereby elected to the fol- senbrenner, Mr. Coble, Mr. Gallegly, Mr. today is righting a wrong for working lowing standing committees of the House of Goodlatte, Mr. Chabot, Mr. Daniel E. Lun- Representatives: gren of California, Mr. Cannon, Mr. Keller, families in America, and that is raising (1) COMMITTEE ON AGRICULTURE.—Mr. Ever- Mr. Issa, Mr. Pence, Mr. Forbes, Mr. King of the minimum wage. ett, Mr. Lucas, Mr. Moran of Kansas, Mr. Iowa, Mr. Feeney, Mr. Franks of Arizona, It has been a full 10 years since Presi- Hayes, Mr. Johnson of Illinois, Mr. Graves, Mr. Gohmert, and Mr. Jordan. dent Clinton was able to raise the min- Mr. Bonner, Mr. Rogers of Alabama, Mr. (10) COMMITTEE ON NATURAL RESOURCES.— imum wage to help the people who King of Iowa, Mrs. Musgrave, Mr. Mr. Saxton, Mr. Gallegly, Mr. Duncan, Mr. work for us on a daily basis. With all Neugebauer, Mr. Boustany, Mr. Kuhl of New Gilchrest, Mr. Calvert, Mr. Cannon, Mr. the increased costs we have today, of York, Ms. Foxx, Mr. Conaway, Mr. Tancredo, Mr. Flake, Mr. Renzi, Mr. Pearce, housing, of health care, it is just im- Fortenberry, Mrs. Schmidt, Mr. Smith of Ne- Mr. Brown of South Carolina, Mr. Fortun˜ o, possible for people to be able to make braska, Mr. McCarthy of California, and Mr. Mrs. McMorris Rodgers, Mr. Jindal, Mr. Walberg. Gohmert, Mr. Cole of Oklahoma, Mr. Bishop it. In Ohio, we have seen people suffer (2) COMMITTEE ON ARMED SERVICES.—Mr. of Utah, Mr. Shuster, Mr. Heller of Nevada, because the minimum wage has not Saxton, Mr. McHugh, Mr. Everett, Mr. Bart- Mr. Sali, and Mr. Lamborn. been relevant to what is going on in lett of Maryland, Mr. McKeon, Mr. Thorn- (11) COMMITTEE ON SCIENCE AND TECH- their life. berry, Mr. Jones of North Carolina, Mr. NOLOGY.—Mr. Sensenbrenner, Mr. Smith of

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE H260 CONGRESSIONAL RECORD — HOUSE January 10, 2007 Texas, Mr. Rohrabacher, Mr. Calvert, Mr. Altmire, Mr. Yarmuth, Mr. Hare, Ms. Clarke, provide for an increase in the Federal Bartlett of Maryland, Mr. Ehlers, Mr. Lucas, Mr. Courtney, Ms. Shea-Porter. minimum wage, and ask for its imme- Mrs. Biggert, Mr. Akin, Mr. Bonner, Mr. Mr. PALLONE (during the reading). diate consideration. Feeney, Mr. Neugebauer, Mr. Inglis of South Mr. Speaker, I ask unanimous consent The Clerk read the title of the bill. Carolina, Mr. McCaul of Texas, Mr. Mario The text of the bill is as follows: Diaz-Balart of Florida, Mr. Gingrey, Mr. that the resolution be considered as Bilbray, and Mr. Smith of Nebraska. read and printed in the RECORD. H.R. 2 (12) COMMITTEE ON SMALL BUSINESS.—Mr. The SPEAKER pro tempore. Is there Be it enacted by the Senate and House of Rep- Bartlett of Maryland, Mr. Graves, Mr. Akin, objection to the request of the gen- resentatives of the United States of America in Mr. Shuster, Mrs. Musgrave, Mr. King of tleman from New Jersey? Congress assembled, Iowa, Mr. Fortenberry, Mr. Westmoreland, There was no objection. SECTION 1. SHORT TITLE. Mr. Gohmert, Mr. Heller of Nevada, Mr. The resolution was agreed to. This Act may be cited as the ‘‘Fair Min- David Davis of Tennessee, Ms. Fallin, Mr. A motion to reconsider was laid on imum Wage Act of 2007’’. Buchanan, and Mr. Jordan. SEC. 2. MINIMUM WAGE. the table. (13) COMMITTEE ON TRANSPORTATION AND IN- (a) IN GENERAL.—Section 6(a)(1) of the Fair FRASTRUCTURE.—Mr. Young of Alaska, Mr. f Labor Standards Act of 1938 (29 U.S.C. Petri, Mr. Coble, Mr. Duncan, Mr. Gilchrest, LIFTING MINIMUM WAGE 206(a)(1)) is amended to read as follows: Mr. Ehlers, Mr. LaTourette, Mr. Baker, Mr. WORKERS OUT OF POVERTY ‘‘(1) except as otherwise provided in this LoBiondo, Mr. Moran of Kansas, Mr. Gary G. section, not less than— Miller of California, Mr. Hayes, Mr. Brown of (Mr. WELCH of Vermont asked and ‘‘(A) $5.85 an hour, beginning on the 60th South Carolina, Mr. Johnson of Illinois, Mr. was given permission to address the day after the date of enactment of the Fair Platts, Mr. Graves, Mr. Shuster, Mr. House for 1 minute.) Minimum Wage Act of 2007; Boozman, Mr. Gerlach, Mr. Mario Diaz- Mr. WELCH of Vermont. Mr. Speak- ‘‘(B) $6.55 an hour, beginning 12 months Balart of Florida, Mr. Marchant, Mr. Dent, er, $2.32 for a gallon of gas, $2.99 for a after that 60th day; and Mr. Poe, Mr. Reichert, Mr. Mack, Mr. Kuhl ‘‘(C) $7.25 an hour, beginning 24 months of New York, Mr. Westmoreland, Mr. gallon of milk, $20 or $25 for a single after that 60th day;’’. Boustany, Mrs. Schmidt, Mrs. Miller of day of childcare. These are real prices (b) EFFECTIVE DATE.—The amendment Michigan, Mrs. Drake, Ms. Fallin, and Mr. and, too often, real choices that work- made by subsection (a) shall take effect 60 Buchanan. ing Americans face every day. days after the date of enactment of this Act. (14) COMMITTEE ON VETERANS AFFAIRS.—Mr. In Vermont, and across America, we SEC. 3. APPLICABILITY OF MINIMUM WAGE TO Stearns, Mr. Burton of Indiana, Mr. Moran of have had a proud tradition of self-reli- THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS. Kansas, Mr. Baker, Mr. Brown of South ance and sense of community. We need (a) IN GENERAL.—Section 6 of the Fair Carolina, Mr. Miller of Florida, Mr. to combine these two values, self-reli- Boozman, Ms. Ginny Brown-Waite of Florida, Labor Standards Act of 1938 (29 U.S.C. 206) Mr. Turner, Mr. Bilbray, Mr. Lamborn, and ance on the one hand and community shall apply to the Commonwealth of the Mr. Bilirakis. on the other, by rewarding work and Northern Mariana Islands. (b) TRANSITION.—Notwithstanding sub- The SPEAKER pro tempore. Without making work pay. We send a message every day to our section (a), the minimum wage applicable to objection, further reading of the reso- citizens and our workers that we value the Commonwealth of the Northern Mariana lution is dispensed with. work and that government has a role Islands under section 6(a)(1) of the Fair There was no objection. Labor Standards Act of 1938 (29 U.S.C. to play in ensuring opportunity to ev- The resolution was agreed to. 206(a)(1)) shall be— eryone willing to contribute. It is time A motion to reconsider was laid on (1) $3.55 an hour, beginning on the 60th day we matched that message with our own the table. after the date of enactment of this Act; and leadership. (2) increased by $0.50 an hour (or such less- f It is no accident that in Vermont and er amount as may be necessary to equal the more than 20 States around the coun- minimum wage under section 6(a)(1) of such ELECTION OF MAJORITY MEM- Act), beginning 6 months after the date of BERS TO CERTAIN STANDING try, Republicans and Democrats, work- ing together, have led in the effort to enactment of this Act and every 6 months COMMITTEES OF THE HOUSE thereafter until the minimum wage applica- reward work with a reasonable min- ble to the Commonwealth of the Northern Mr. PALLONE. Mr. Speaker, by di- imum wage above our national min- rection of the Democratic Caucus, I Mariana Islands under this subsection is imum last set nearly a decade ago. equal to the minimum wage set forth in such offer a privileged resolution (H. Res. 46) There are few more important tasks before section. and ask for its immediate consider- us than addressing the growing economic gap ation. The SPEAKER pro tempore. Pursu- between America’s wealthiest citizens and low The Clerk read the resolution, as fol- ant to section 508 of House Resolution income workers. lows: 6, the gentleman from Maryland (Mr. Last year, millionaires were given tax breaks HOYER) and the gentleman from Ohio H. RES. 46 that put an average of $40,000 in their pock- (Mr. BOEHNER) each will control 90 Resolved, That the following named Mem- ets, and yet middle class workers who earn minutes. bers and Delegate be and are hereby elected less than $20,000 received just two dollars. The Chair recognizes the distin- to the following standing committees of the Two dollars—for the whole year. That is re- House of Representatives: guished majority leader, the gentleman (1) COMMITTEE ON ARMED SERVICES.—Mr. warding wealth rather than work. from Maryland. Spratt, Mr. Ortiz, Mr. Taylor of Mississippi, Today a full-time minimum wage worker Mr. HOYER. Mr. Speaker, I yield my- Mr. Abercrombie, Mr. Meehan, Mr. Reyes, earns just $10,712 annually—more than self such time as I may consume. Mr. Snyder, Mr. Smith of Washington, Ms. $2,000 below the poverty line for a family of Mr. Speaker, I am extraordinarily Loretta Sanchez of California, Mr. McIntyre, two. Asking millions of our neighbors to work happy to rise in support of this legisla- Mrs. Tauscher, Mr. Brady of Pennsylvania, full time without a wage above poverty is tion. This legislation is very late in Mr. Andrews, Mrs. Davis of California, Mr. wrong. coming to this floor as a free-standing Langevin, Mr. Larsen of Washington, Mr. I believe that Congress must raise the fed- bill. It is, however, never too late to do Cooper, Mr. Marshall, Ms. Bordallo, Mr. the right thing. Udall of Colorado, Mr. Boren, Mr. Ellsworth, eral minimum wage to $7.25 an hour to help Ms. Boyda of Kansas, Mr. Patrick Murphy of life every minimum wage worker out of pov- This legislation, the Fair Minimum Pennsylvania, Mr. Johnson of Georgia, Ms. erty. Wage Act of 2007, is long overdue. I be- Shea-Porter, Mr. Courtney, Mr. Loebsack, Today and together, we can begin to restore lieve it will pass this House today with Mrs. Gillibrand, Mr. Sestak, Ms. Giffords, a balance, by rewarding work and not just broad bipartisan support, as the 9/11 Ms. Castor. wealth, acknowledging we are all in this to- bill did yesterday, making our country (2) COMMITTEE ON EDUCATION AND LABOR.— gether. safer. Mr. Kildee, Mr. Payne, Mr. Andrews, Mr. f At long last, Mr. Speaker, this House Scott of Virginia, Ms. Woolsey, Mr. Hinojosa, is just hours away from finally passing Mrs. McCarthy of New York, Mr. Tierney, FAIR MINIMUM WAGE ACT OF 2007 a clean increase in the Federal min- Mr. Kucinich, Mr. Wu, Mr. Holt, Mrs. Davis of California, Mr. Davis of Illinois, Mr. Mr. HOYER. Mr. Speaker, pursuant imum wage and sending this legislation Grijalva, Mr. Bishop of New York, Ms. Linda to section 508 of House Resolution 6, I to the Senate, where we devoutly hope T. Sa´ nchez of California, Mr. Sarbanes, Mr. call up the bill (H.R. 2) to amend the the Members of the other body will do Sestak, Mr. Loebsack, Ms. Hirono, Mr. Fair Labor Standards Act of 1938 to the same without delay.

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE January 10, 2007 CONGRESSIONAL RECORD — HOUSE H261 H.R. 2 is the second key piece of leg- 1997, the economy was having one of its The SPEAKER pro tempore. Without islation in the new Democratic major- most successful periods of time, which objection, the gentleman from Cali- ity’s 100-hours agenda, and we are fol- continued long past the adoption of the fornia will be permitted to control the lowing through on our pledge to the minimum wage. In fact, according to time. American people to immediately ad- one recent study, small business em- There was no objection. dress these critical issues. ployment grew more in States with a Mr. MCKEON. Mr. Speaker, as the There is probably not a Member of higher minimum wage between 1997 minority leader’s designee, I claim the this House who fails to appreciate that and 2003 than in Federal minimum time in opposition. an American who works full time at to- wage States. In other words, in those The SPEAKER pro tempore. The gen- day’s minimum wage of $5.15 per hour States that were paying above the $5.15 tleman from California is recognized. is essentially living in poverty. That is an hour, their economies grew more Mr. MCKEON. Mr. Speaker, I yield not right, Mr. Speaker. That worker, if and they created more jobs than did myself such time as I may consume. he or she works 40 hours per week for those States which had frozen their Mr. Speaker, this debate represents a 52 weeks, makes roughly $10,700 per minimum wage at the Federal min- series of colossal missed opportunities. year. If that mom has a child or that imum wage. The new Democratic leadership of the father has a wife and a child, they are In fact, Lee Scott, the chief execu- House promised us and the voters a essentially living on $6,000 less than we tive officer of Wal-Mart, has stated fair, open, honest, and, yes, democratic determine to be poverty in America. that the current minimum wage ‘‘is process in considering major pieces of Passing this legislation today, which out of date with the times. We can see legislation. Instead, today we are stuck will raise the minimum wage by $2.10 firsthand at Wal-Mart how many of our with unfair, closed and heavy-handed per hour to $7.25 in three steps over the customers are struggling to get by. Our terms for our debate, terms that were next 2 years, is simply a matter of customers simply don’t have the tucked into an unrelated rules package doing what is right, what is just and money to buy basic necessities between less than a week ago. what is fair. paychecks.’’ Not only was that move unprece- Frankly, Mr. Speaker, if it were up Now, what is Wal-Mart all about? dented, but it also means that during to me, I would do $7.25 an hour now. Wal-Mart is about bringing prices today’s debate on a minimum wage in- But we are going to phase this in so down. It is very controversial how they crease, what you see is what you get. that small businesses and others can do it, but the fact is they know their No comprehensive alternative has been accommodate this raise. But that will consumers cannot buy even discounted allowed. No amendments will be con- mean, Mr. Speaker, that those on the necessities of life on the minimum sidered. In fact, I didn’t even get a minimum wage will still have to wait. wage. chance for those types of consider- It has been 9 years and 4 months Mr. Speaker, you and I know that in ations before the Rules Committee be- since the last increase in the Federal the richest Nation on the face of the cause, well, the Rules Committee minimum wage took effect, and that Earth, that is wrong. didn’t meet on this issue. There was no was under President Clinton. This rep- In a bipartisan way, and I haven’t hearing. resents the longest period without an counted the Republican votes, but we That is unfortunate because, frankly, increase since Congress established the are going to get a lot of Republican there are Members on both sides of the minimum wage in 1938, since Congress votes from those who are saying to the aisle who support a balanced minimum said we are going to have a minimum American people, as we are, we agree wage increase, and this bill, this early in the United States that we will pay with you. Because 89 percent of the in the Congress, represented an oppor- people and respect people who work to American people, when questioned, be- tunity to work together toward a true, make themselves, their families and lieve the minimum wage ought to be bipartisan, bicameral consensus. But their country better. raised. Eighty-nine percent of the we won’t, and that is a colossal missed At $5.15 today, the minimum wage American people. And, Mr. Speaker, 83 opportunity. level is at its lowest level, adjusted for percent of small businesses say this My colleagues will remember that inflation, in over 50 years, half a cen- will not adversely affect them. last summer the Republican majority tury. In fact, Mr. Speaker, if the min- Mr. Speaker, it is time to pass this brought forward and passed legislation imum wage had been adjusted by a cost legislation. Sixty-four House Repub- to increase the Federal minimum wage of living increase on an annual basis licans joined all Democrats here last to $7.25 an hour with important consid- since 1968, a minimum wage worker July in voting for a $7.25 per hour wage erations for small businesses and their would not be making $5.15, would not under the vocational education bill. workers. Many Democrats joined us in be making $7.25, but would be making There is simply no reason, I suggest advancing the measure. In fact, had a $9.05. So, effectively, this raise will be to you, not to support this legislation. few more on the other side of the Cap- $1.85 less than they would be making if In the United States of America, the itol supported this measure, today’s de- it had been raised on a regular basis. richest country on the face of the bate would be unnecessary because the Meanwhile, just since 2000, the cost Earth, you should not be relegated to minimum wage increase would already of health insurance, gasoline, home poverty if you work hard and play by have taken place. heating, attending college, food and the rules. Nonetheless, I was hopeful that when other related expenses have all in- I urge my colleagues on both sides of we considered minimum wage legisla- creased, in fact, for an average family, the aisle to support this reasonable bi- tion under the new Democratic major- about $5,000 a year in that period of partisan legislation. The President of ity we would again do so with our Na- time. Yet the minimum wage worker the United States has indicated that he tion’s small businesses and their work- has not received any raise. will sign a minimum wage increase. ers in mind, particularly since both the This legislation will benefit literally There may be some changes that he President and the Senate majority millions of Americans. An estimated wants, but he has recognized, as we leader have indicated their willingness 5.6 million Americans who make less will recognize today, that it is long to forge such a consensus. But it is ap- than $7.25 per hour will directly benefit past the time when we need to pay peo- parent that we are not here on this side from this increase. An estimated addi- ple and give them the dignity that of the Capitol, and that is a colossal tional 7.3 million Americans, including their work demands and has earned. missed opportunity. So later in this de- family members of those making less Mr. Speaker, I ask unanimous con- bate I will offer a motion to recommit than $7.25, will indirectly benefit. sent that I be allowed to yield the bal- that would provide them the very pro- ance of my time to the gentleman from tections that the Democratic leader- b 1045 California (Mr. GEORGE MILLER), who ship’s bill does not. Now there are those who will claim has been the leader on this issue in the Yesterday, Mr. Speaker, my friend, this legislation will hurt small busi- House of Representatives and one of the ranking Republican member on the ness and the economy. I reject that. I the leaders in the country and who Ways and Means Committee, Mr. believe history shows that that is not chairs the Education and Labor Com- MCCRERY from Louisiana, and I intro- the case. In fact, when we raised it in mittee. duced minimum wage legislation that,

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE H262 CONGRESSIONAL RECORD — HOUSE January 10, 2007 quite frankly, puts the bill before us Small businesses create two-thirds of Human Services bill, where the Repub- today to shame. It is a three-pronged the Nation’s new jobs, and 98 percent of licans chose not to bring the bill to the measure that includes the same, the the new businesses in the U.S. are floor of the Congress, not to bring it to same, minimum wage provisions that small businesses. Increasing the min- a vote because they wanted to deny are in the Democratic leadership’s bill. imum wage increases costs for small American workers access to the min- As you can see on the chart, here is employers, and often they may be imum wage. the unbalanced Democratic plan. It forced to respond by reducing their I consider this a new beginning and a does raise the minimum wage. Then number of workers, scaling back bene- new Congress, but I must say I cannot the comprehensive Republican plan. It fits or hiring fewer new employees. let the history that the gentleman also raises the minimum wage from Given that small employers are re- from California laid out for us to sug- $5.15 to $7.25 per hour over the 2 years, sponsible for most of the new jobs in gest that that is the record. The gen- in precisely the same increments as the our Nation, and practically every new tleman has said numerous times in his Democrat leadership’s bill. business, why would we do anything to opening statement that this is a colos- Also identical to the Democrat lead- endanger their momentum? Well, you sal missed opportunity. Let me tell you ership bill, the Working Families Wage would have to ask the Democratic lead- what a colossal missed opportunity is. and Access to Health Care Act that we ership, because that is exactly what For the last 10 years, the Republican offered yesterday would extend the their proposal would do. By offering leadership in this House fought tooth Federal minimum wage to the Com- small businesses and their workers im- and nail to avoid any, any opportunity monwealth of the Northern Mariana Is- portant protections, the Working Fam- to have an up-or-down vote on the min- lands. We don’t stop there, however. ilies Wage and Access to Health Care imum wage. The only time they But the Democrat leadership does, an- Act would protect American jobs. The thought the poorest workers in Amer- other colossal missed opportunity. House Democratic leadership’s scaled- ica were worth an increase in the min- As you can see, the Working Families down minimum wage proposal will not. imum wage was if they could tie it to Wage and Access to Health Care Act A colossal missed opportunity. a tax cut for the wealthiest people in not only increases the minimum wage Mr. Speaker, only the Republican-led the United States. in the same exact manner as H.R. 2, Working Families Wage and Access to b 1100 but it also would expand access to af- Health Care Act will both raise the fordable health care for working fami- minimum wage and protect small busi- So they never really were interested lies, including many families that may nesses and their workers. And only the in it. They wanted to use the power of benefit from the wage increase. The Republican-led Working Families Wage the sense of fairness that the American Democratic leadership’s scaled-down and Access to Health Care Act will public had about the treatment of the proposal does not include this. both raise the minimum wage and ex- poorest workers. They wanted to use For the last several Congresses, Re- pand access to affordable health care that power, that sense of outrage, that publicans and Democrats alike have for working families. sense of immorality that they had joined together behind legislation that Unfortunately, due to unfair, closed, about what the Republicans were would significantly expand access to and heavy-handed tactics, only the doing, to drive tax cuts for the wealthi- health coverage for uninsured families scaled-down Democrat leadership plan est people in the country. across the country by creating Small is before us today. A colossal missed They said they were going to pass the Business Health Plans. opportunity, not just for the House but bill and send it to the President’s desk. According to the U.S. Census Bureau, for working families and small busi- We said it was going to die in the Sen- the number of Americans who have no nesses as well. ate, and it died in the Senate. And here health insurance is about 46.5 million. Mr. Speaker, I reserve the balance of today we see the same proposal being Estimates indicate 60 percent or more my time. made. They are going to suggest that of the working uninsured work for or Mr. GEORGE MILLER of California. later today they are going to couple depend upon small employers who lack Mr. Speaker, I yield myself such time minimum wage with the wonderful the ability to provide health benefits as I may consume. health care plan for workers. for their workers. To ease the burden (Mr. GEORGE MILLER of California Their own CBO, the Congressional on small businesses and provide mean- asked and was given permission to re- Budget Office, says that more than 75 ingful benefits to those who work for vise and extend his remarks.) percent of the small business workers, them, the Working Families Wage and Mr. GEORGE MILLER of California. over 20 million workers and their de- Access to Health Care Act would allow Mr. Speaker, when Speaker PELOSI pendents, would see their health insur- small businesses to join together and spoke about the first 100 hours of the ance premiums increase as a result of purchase quality health care for work- 110th Congress, one of the things she this proposal. So now they are going to ers and their families at a lower cost. said she wanted to accomplish was to give these workers an increase in the Now, during today’s debate, we are begin to make the economy fairer for minimum wage, but then they are likely to hear from our colleagues on all Americans. Today, with this legisla- going to increase their premiums for the other side of the aisle about how a tion to increase the minimum wage, we health insurance. What a wonderful certain percentage of the American begin that task. gift from the Republican Party. people support a minimum wage in- For 10 years, the lowest-paid workers Can’t you just give these workers an crease. By the same token, my col- in America have been frozen out of the increase and be done with it? They leagues also should be aware that a economy of this country. They have have been working at a 10-year-old whopping 93 percent of Americans sup- ended up every year, after going to minimum wage, but they are paying port creating small business health work every day, every week, every 2007 bread prices and milk prices and plans; and 36 members of their own month, they have ended up poor, far energy prices and rentals. Where is the Democratic caucus supported them in below the poverty line of this country. decency? Where is the decency to give the 109th Congress. Doing so again dur- They have been working at a Federal these workers what they are entitled ing this debate would not only be log- poverty wage, not a Federal minimum to, what everybody knows that they ical but it would be welcome news for wage. should have? scores of uninsured working families. I am very honored today to be here Not only that, but then we find out But the Democratic leadership’s bill supporting this legislation as the with this wonderful health plan that won’t allow for it, and our bill simply chairman of the Education and Labor some 8 million workers who are cur- isn’t allowed at all. A colossal missed Committee. I am also very honored to rently insured will probably lose their opportunity. be sharing this legislation with our insurance. So now they are going to, if Finally, as you can see, only the new majority leader, Mr. HOYER. Be- you get insurance, they are going to in- Working Families Wage and Access to cause of his activities in the last Con- crease the premiums. If you have insur- Health Care Act includes a number of gress, we were able to bring this issue ance, you may lose your insurance. other important considerations for to a head because of the amendment This isn’t what America thinks small businesses and their workers. that he offered on the Health and makes the economy fair. What they

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE January 10, 2007 CONGRESSIONAL RECORD — HOUSE H263 think makes the economy fair is an in- I am proud to say that, on this legis- As we consider an increase in the crease in the minimum wage. lation, H.R. 2, its over 200 original co- minimum wage, we must consider the As you all know, this is the longest sponsors, and I am very proud to say impact it will have on businesses that period in history of law without a wage we are joined by seven Republican create two-thirds of our Nation’s new increase. During that time, the min- Members who are original cosponsors jobs. I was proud to support Mr. imum wage has dropped to its lowest of this legislation, and I want to thank MCKEON and Mr. MCCRERY’s Working buying power in 51 years. The Fair so many of those Republicans who Families Wage and Access to Health Minimum Wage Act of 2007 would in- worked over the years to try to get us Care legislation, which advances this crease the Federal minimum wage to this vote on the minimum wage, but we discussion and also offers meaningful $7.25 an hour over three steps over the weren’t successful. Today is the oppor- measures that will benefit those em- next 2 years. tunity to bring these two sides of the ployers who bear the brunt of any min- Raising the minimum wage is crit- aisle together, to begin to make this imum wage increase. If we don’t sup- ical to fighting the middle-class economy fair and to help these people port them, the cruel irony of any min- squeeze in this country. Fifty-nine per- who struggle every day in very difficult imum wage increase will be a loss of cent of American workers state that jobs, to do the right thing, to partici- jobs. they have to work harder to earn a de- pate in the American economy and to Independent studies confirm that the cent living than they did 20 or 30 years provide for their families. But they are proposal by the House Democrats to ago. Since 2001, the median household not able to do it at a 10-year-old min- raise the minimum wage without in- incomes have fallen by $1,300. Wages imum wage, and we need to bring that cluding considerations for those who and salaries make up the lowest share kind of equity to it. pay the minimum wage and their work- of the economy in nearly six decades. We are joined in support of this legis- ers would halt the momentum of recent Meanwhile, corporate profits, CEO lation by over 500 national and local economic growth dead in its tracks. buyouts, golden parachutes, golden organizations, by over 1,000 Christian, According to a Federal Reserve econo- handshakes and golden hellos take Jewish and Muslim faith leaders who mist, as many as one million workers hundreds of millions, if not billions, of have spoken out on this legislation, by in the restaurant industry alone could dollars out of the same corporations the U.S. Conference of Catholic Bishops lose their jobs under this current pro- that say they can’t give an increase to who wrote: ‘‘For us it is a matter of posal. their workers. simple justice for a decent society.’’ Recently, my office received a phone While the economy is growing and And that is what this is about today. call from Mr. John Wiederholt, the the wealth of its Nation is increasing, This is more than just the dollars owner of Wiederholt’s Supper Club in more Americans are struggling to pay and cents per hour. This is about the Miesville, Minnesota, a wonderful little their bills. Over the last 5 years, the morality of this country. This is about community of 135 people located in the number of Americans living in poverty the ethics of this body on whether or heart of my district. Miesville is has increased from 5.4 million to 37 not these people who have been stuck known for amateur baseball, a historic million. One in six children now lives at this wage for 10 years are entitled to hamburger joint and Wiederholt’s. in poverty. Since 2000, prices of education, gaso- have this modest, modest increase, and The Democrats scaled-down proposal line and health care have all greatly I would hope that the House would would cost Mr. Wiederholt’s charming outpaced inflation. Raising the min- overwhelmingly support this clean vote supper club nearly $2,000 a year. He imum wage is an important first step on the minimum wage increase over says: ‘‘I’ve been at this 34 years. If this for the Congress in its efforts to stand the next 2 years to $7.25. passes, because my waitresses get tips up for middle class and to stem the Mr. Speaker, I reserve the balance of already, they just walked into my middle-class squeeze. This raise will my time. place and gave the highest-paid people make a real, critical difference to mil- Mr. MCKEON. Mr. Speaker, I yield 4 in my place a raise.’’ lions of people’s lives, and that is what minutes to the gentleman from Min- Throughout the country, there are America understands. You pass the nesota (Mr. KLINE), a member of the tens of thousands of stories just like minimum wage, and you dramatically committee. Mr. Wiederholt’s. Small businesses are Mr. KLINE of Minnesota. Mr. Speak- change life for millions of people. the backbone of the American econ- Does it solve their economic prob- er, the tax relief and fiscal policies omy. It is absolutely essential that lems? Does it solve the economic passed in recent years by, frankly, Congress keeps these creators of jobs in stress? No, it doesn’t. But it changes House Republicans, provide a track mind when we consider this legislation. their lives. For a family of three, in- record of proactive and successful eco- We must make sure a minimum wage creasing the minimum wage will mean nomic reform. As we take our first increase does not have harmful effects an additional $4,400 a year, equaling 15 steps in the 110th Congress, we must on businesses and their ability to fos- months of groceries or 2 years’ worth build upon that record and ensure that ter job growth and provide benefits for of health care. That is a change in the any minimum wage increase includes working families. standing of these people’s lives. meaningful considerations for Amer- Mr. GEORGE MILLER of California. Raising the minimum wage to $7.25 ica’s small businesses, while protecting Mr. Speaker, I yield 2 minutes to the an hour in 2009, taking into account and expanding benefits for working gentleman from Indiana (Mr. DON- the increases in family earned income families that depend upon them. NELLY). tax credit will take those people who Less than a week ago, the Labor De- Mr. DONNELLY. Mr. Speaker, I rise are 11 percent below the poverty level partment announced the creation of today in strong support of H.R. 2, the line and move them to 5 percent above 167,000 new jobs in December. We have Fair Minimum Wage Act, because it is the poverty line. Still close to the pov- experienced more than 3 years of unin- long past due that we provide a pay erty line but beginning to make this terrupted job growth that includes the raise to many of our country’s hardest economy fair. creation of more than seven million workers. It is important that we pass this leg- new jobs since August, 2003. Worker Today is a good day for the House, islation and we pass it free standing. It wages have risen more than 150 percent and it is a good day for American is important that we do that so we can faster than in the early 1990s. Per cap- workers. I thank Chairman MILLER for address the needs of these families, not ita disposable income has risen over 9 introducing a bill whose time has that we hijack their plight, not that we percent since 2001. come. hijack their misery, not that we hijack Let’s not stop the momentum we Mr. Speaker, a decent job, with fair the willingness of the American people have built together. Let’s not pass a pay, is a cornerstone of the foundation to do something for them to then do minimum wage increase without keep- upon which the American Dream is something that works against them. ing employers in mind. Let’s not fall built. As our minimum wage, it serves This is very, very important, this piece into the temptation of passing a bill as a yardstick by which to measure of legislation, and it is important that that is nothing more than symbolism, other workers’ pay. we address the concerns of these indi- lacking the necessary substance to Fair wages make it possible for work- viduals. help our economy continue to grow. ing families to pay the rent, put food

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE H264 CONGRESSIONAL RECORD — HOUSE January 10, 2007 on the table and save for the future, a nomic ladder in America and, instead, economic ladder in America. For those home and college. Yet, for our min- be condemned to a life of poverty. This who feel that they want to help the imum wage workers facing the rising should not happen in America. poor over and above what we are al- costs of gasoline, health care, child Mr. Speaker, I recently spoke to a ready doing, I would remind them that, care, rent and heating their home, $5.15 number of people who create jobs and by and large, the working poor qualify is just not enough. hope and opportunity in America, good for health care through Medicaid, Mr. Speaker, we haven’t provided a solid citizens from the Fifth Congres- through subsidies, through food pay raise for minimum wage workers sional District of Texas. I heard from stamps, housing subsidies through sec- in 10 years, the longest period without David Hinds, the owner of Van Tone tion 8 vouchers, energy assistance adjustment since enactment of the Created Flavors of Terrell, Texas. His through LIHEAP, cash assistance Fair Labor Standards Act. Adjusted for company employs over 25 people in this through Earned Income Tax Credit, inflation, its buying power is the low- community in my district. But he says, TANF, and the list goes on and on and est it has been in 51 years. if we pass this increase in the min- on. Adequate wages create a stronger, imum wage, he is going to have to lay In fact, Mr. Speaker, there has been more efficient work force. And I know off three, maybe four of his employees an explosion of anti-poverty spending the great majority of small business and automate his plant to use less at the Federal level under President owners pay their workers more than labor. Bush, up 39 percent between the years the minimum wage. In fact, in the 4 I heard from Kevin and Jeaneane 2001 and 2005. So contrary to the pro- years following the last minimum wage Lilly. Kevin was a guy who started out test of the other side of the aisle, there increase, small business employment at McDonald’s years ago frying up the is a lot of direct government assistance grew more in those States paying a french fries. He now owns 10 McDon- here. We need to remind people again higher minimum wage than in those ald’s restaurants. He says, if the Demo- that any wage rate is better than no States paying only the minimum wage. crats act today to increase the min- wage rate. Paying good wages is good business imum wage, they will be forced to lay The pool of minimum wage workers sense. off all of their part-time workers and is constantly changing, and as they Mr. Speaker, increasing the min- use only full-time workers. learn new skills, they prove themselves imum wage is good economic policy, it I spoke to Larry Peterson, who has a and they climb up the economic oppor- is good social policy, and, most impor- small business called EmbroidMe in tunity ladder. Why do we want to deny tantly, the people in my district in In- Dallas, Texas. He says, instead of hir- them this opportunity? diana think it is just fair. It is time ing three to four people at the current Mr. Speaker, I have some personal that this body ensures that all Amer- minimum wage, he is going to have to experience here because I was in high ican workers are compensated fairly do with one to two higher paid, more school in May of 1974, when Congress and can share in the prosperity of the highly skilled people, denying those promised me a pay raise. I was the bell- American economy. other two people their rung on the eco- man at the Holiday Inn in College Sta- I urge my colleagues to support our nomic ladder. tion, Texas, trying to put some money workforce and pass H.R. 2. together to go to college. I worked my b 1115 Mr. MCKEON. Mr. Speaker, I yield 5 way through college. minutes to the gentleman from Texas Mr. Speaker, these are just a few sto- But when Congress gave me that pay (Mr. HENSARLING), the chairman of the ries from one congressional district in raise, guess what? I got my pink slip. RSC committee. Texas, but these stories are going to be That Holiday Inn was struggling. They Mr. HENSARLING. Mr. Speaker, in replicated all over America if we pass had to lay off the two newest employ- America, we can either have maximum this law. ees they had to make ends meet. This opportunity or we can have minimum Now, the proponents of this law say causes unemployment. This should be wages. We cannot have both. In the somehow it is necessary, because we voted down. land of the free, in a Nation as great as have to force employers to pay fair Mr. GEORGE MILLER of California. ours, how can we deny people their wages. Yet I know, Mr. Speaker, that Mr. Speaker, I yield myself 30 seconds. maximum opportunity, their oppor- 99 percent of all Americans have their I say, it is an interesting discussion tunity to secure the American Dream? wages set by free people negotiating in from the other side of the aisle. It just Well, apparently, our Democrat col- a competitive marketplace. doesn’t comport with the evidence that leagues can, because, for thousands, In other words, without any inter- we have in States that have passed a they will now replace the American ference by Congress whatsoever 99 per- higher minimum wage than the Fed- Dream of boundless career opportuni- cent of all people in the workforce were eral minimum wage. They have experi- ties instead with the nightmare of wel- able to find work above the minimum enced higher job growth than those fare dependence. wage. Do we not believe in the Amer- States with the low minimum wage. Columnist George Will recently ican free enterprise system anymore? Overall, retail job growth between 1998 wrote that increasing the minimum The proponents also say we must raise and 2006 was 10.2 percent in those wage is ‘‘a bad idea whose time has the minimum wage to help the poor, States with a higher minimum wage come.’’ And, unfortunately, Mr. Speak- but by and large the minimum wage and only 3.7 percent in the Federal er, apparently that time has come. workers aren’t poor. Less than one in minimum wage States. What is the purpose? Notwith- five lives below the poverty line. The Overall across all sectors it was 30 standing the rhetoric that we hear average family income of a minimum percent greater. The fact of the matter today, the purpose of this law is really wage worker is about $40,000 a year. is, an increase in the minimum wage is to protect skilled labor from the com- Very few minimum wage workers, in- helping the economy grow. petition of unskilled labor. We under- deed, support a family. Instead, the Mr. Speaker, I yield for 2 minutes to stand the elections are over. The Amer- majority are teenagers. They are col- the gentleman from New Jersey (Mr. ican people have spoken. But, appar- lege students, and many are part-time ANDREWS), a member of the committee ently, now labor union bosses are col- workers. who has been battling this issue long lecting their chits. In fact, the problem is that many and hard. Now, what is the effect of this law? poor people either cannot work or will (Mr. ANDREWS asked and was given Indeed, I admit, some will have a man- not work. Over three-fifths of the indi- permission to revise and extend his re- dated pay raise in America. Those will viduals below the poverty line did not marks.) be the lucky ones. Many more will work in 2005. Only 11 percent work full Mr. ANDREWS. I thank my friend for have their hours cut, Mr. Speaker. time. yielding. Many will have their benefits cut due An increase in the minimum wage is Mr. Speaker, nearly 10 years ago, I to this law, and many will lose their going to do very little to help poor peo- sat on this floor and listened to speech- jobs. And again, thousands, thousands ple who either cannot work or will not es like the one my friend from Texas will be denied that opportunity to work. The way to help poor people is just gave, and we voted to raise the climb on that first rung of the eco- not to cut off the bottom rung of the minimum wage. And what happened?

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE January 10, 2007 CONGRESSIONAL RECORD — HOUSE H265 Unemployment went down. The econ- House were given the opportunity to today. It would accelerate it from the omy grew. And America prospered. It vote on it. end of this year 2007 to April 1 of 2007. will happen again if we pass this in- The minimum wage provisions would As you know, that surtax, that .2 sur- crease in the minimum wage. There be the same as in the underlying legis- tax is imposed only on the first $7,000 have been many days since that day lation that is on the floor today. It of wages, so it would most directly give nearly 10 years ago. One of those days would increase the minimum wage relief to those employers who have when the prescription drug bill was on from $5.15 to $7.25 over 2 years in three those low-skilled, low-dollar employ- the floor, the industry came, and it increments. But it would add to that a ees, and would give them some imme- wanted special protection from law- provision from the Education and diate relief in that regard. suits and special pricing. It was their Labor Committee regarding associa- Mr. Speaker, our proposal is to in- day, and they got it. tion health plans that would make it crease the minimum wage, but also When the energy bill was on the easier for small businesses to get give help to those businesses that will floor, the energy companies came in health insurance for their employees, be most adversely affected by the im- and wanted massive subsidies, and no and three tax provisions designed to position of these increased costs for crackdown on pricing. It was their day, help small businesses cope with the their businesses. and they got it. burden that would be placed on them Mr. Speaker, I reserve the balance of When the tax bill was on the floor, by an increase in the minimum wage. my time. the wealthiest people in the country, Those three tax provisions are a 1- Mr. GEORGE MILLER of California. people making more than $300,000 a year extension of the higher small Mr. Speaker, I yield 1 minute to the year wanted massive tax breaks. It was business expensing limits. As you will gentleman from Pennsylvania (Mr. CARNEY), who has been a long-time their day, and they got it. recall, we passed in the last few years I am sorry to disappoint the oppo- legislation allowing small businesses champion of increasing the minimum wage. nents of the minimum wage, but this is to expense up to $100,000 of investment Mr. CARNEY. I would like to thank not your day. This is the day for the in their small business in the year of my colleague from California for the people who empty the bed pans, change that investment. That provision cur- time. the bed linens, sweep the floors, and do rently is scheduled to expire at the end Mr. Speaker, today the House will the hardest work of America. After a of 2009. This legislation, this alter- vote for bipartisan legislation aimed at 10-year wait, even though they don’t native that we would like to present increasing the minimum wage and have the lobbyists here, even though today, would extend that provision 1 making an important change for the they don’t have the political action year through 2010. families of nearly 13 million American committees here, this is their day. The next tax provision that would workers. This is the day we are going to raise help small businesses is a 15-year de- It is unconscionable, Mr. Speaker, the minimum wage, change the direc- preciation period for new restaurant that the minimum wage has remained tion of the country, and restore eco- construction. unchanged for nearly 10 years. During nomic fairness for the American econ- Now, that is important because cur- the past decade, consumer costs have omy. Join with Republicans and Demo- rent law allows a much shorter depre- skyrocketed. Energy, health care and crats and independents across this ciation period, 15 years, for leasehold education costs have all risen, while country. Vote ‘‘yes’’ on the increase in improvements, including restaurants, my constituents have seen their real the minimum wage. but it has to be improvements to an ex- incomes drop. Mr. MCKEON. Mr. Speaker, I yield 30 isting building. In the restaurant busi- It is wrong that millions of Ameri- minutes to the gentleman from Lou- ness, a lot of times to keep up with the cans work full time and year around isiana (Mr. MCCRERY), the ranking competition and to keep market share, and still live in poverty. I am voting to member on the Ways and Means Com- an owner will have to build a new facil- give them a raise, a raise that is long mittee. ity. You can’t just refurbish the old fa- overdue. I ask unanimous consent that he be cility. You have got to build a new This bill will increase the minimum allowed to control that time. building to keep pace. wage by $2.10 an hour over 2 years. This The SPEAKER pro tempore. Is there Under the current law though, he will mean an additional $4,400 for a objection to the request of the gen- would have to depreciate that invest- family of three equaling 15 months’ tleman from California? ment over 39 years. This provision worth of groceries or 2 years’ worth of There was no objection. would put him on an equal standing health care. Helping them to keep up Mr. MCCRERY. Thank you, Mr. with those who just recently built a with the rising costs of these neces- MCKEON, for allowing the Ways and restaurant and are upgrading it with sities is something that we have the Means Committee to control 30 min- improvements. moral obligation to do. utes of the time in this debate. So it would give a 15-year deprecia- As the father of five, I understand, I Mr. Speaker, I yield myself so much tion period, both to leasehold improve- keenly understand the impact of rising time as I may consume. ments for existing buildings, existing costs on a tight family budget. This debate today is important. It is restaurants, but also a 15-year depre- Raising the minimum wage is the first step obviously important to a lot of people ciation period for the construction of to a stronger economy for all Americans, not around the country who are making new restaurants. just for the privileged few. Our action today minimum wage or who would seek an Finally, the third tax provision that will make a real difference in the lives of entry-level job in our country. It is we would add to this legislation to help America’s working families and I am proud to also important, though, to many small small businesses would be the FUTA vote for it, and I respectfully urge my col- businesses around our Nation who are surtax repeal, that is the unemploy- leagues to stand with our working families, as struggling to stay in business, strug- ment payroll tax. Back in the 1970s, well. gling to create jobs, and to face the when we were having problems with Mr. MCCRERY. Mr. Speaker, I yield 3 competition often from much bigger our unemployment trust fund, and we minutes to a member of the Ways and establishments that have some advan- were extending unemployment benefits Means Committee, the gentleman from tages in the marketplace. It is those across the Nation, we had to impose a California (Mr. HERGER). small businesses that the McKeon- surtax to bring money into the system Mr. HERGER. Mr. Speaker, I rise in McCrery alternative would address to be able to pay the unemployment opposition to the minimum wage in- today. If we are given the chance today bills around the country. That debt crease. Not only is this legislation det- to modify the legislation before us to though was paid off in the 1980s, and for rimental to small business growth and include some benefits for small busi- whatever reason, Congress has decided job creation, but it has been brought to nesses, in our view this would greatly to continually extend that unemploy- the floor outside the normal com- improve the legislation before us re- ment surtax. mittee review process without the abil- garding the minimum wage. This bill would accelerate the expira- ity to consider an alternative. Let me just briefly explain what that tion of that .2 percent unemployment I have long stood against minimum alternative would be if Members of this surtax that employers have to pay wage hikes, which increase government

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE H266 CONGRESSIONAL RECORD — HOUSE January 10, 2007 interference in the labor market. The value of the 1997 increase in the fed- vania; Robert M. Anderson University of Economists agree that when the cost of eral minimum wage has been fully eroded. California—Berkeley; Bahreinian Aniss Cali- labor increases, it becomes more dif- The real value of today’s federal minimum fornia State University—Sacramento; Kate ficult for employers to hire new work- wage is less than it has been since 1951. Antonovics University of California—San Moreover, the ratio of the minimum wage to Diego; Eileen Appelbaum Rutgers Univer- ers. the average hourly wage of non-supervisory sity; David D. Arsen Michigan State Univer- b 1130 workers is 31 percent, its lowest level since sity; Michael Ash University of Massachu- setts—Amherst; Glen Atkinson University of Unfortunately, the burden of wage World War II. This decline is causing hard- ship for low-wage workers and their families. Nevada—Reno; Rose-Marie Avin University increases falls on small businesses We believe that a modest increase in the of Wisconsin—Eau Claire; M.V. Lee Badgett which produce an estimated two-thirds minimum wage would improve the well- University of Massachusetts—Amherst; of all new jobs in the United States. being of low-wage workers and would not Aniss Bahreinian Sacramento City College; Minimum wage job seekers, often first- have the adverse effects that critics have Ron Baiman Loyola University Chicago; time employees looking to get their claimed. In particular, we share the view the Asatar Bair City College of San Francisco; Katie Baird University of Washington—Ta- foot in the door, are most harmed by Council of Economic Advisors expressed in the 1999 Economic Report of the President coma; Dean Baker Center for Economic and such increases. It is troubling that this Policy Research; Radhika Balakrishnan bill gives no thought to softening the that ‘‘the weight of the evidence suggests that modest increases in the minimum wage Marymount Manhattan College; Stephen E. financial impact of our engines of new have had very little or no effect on employ- Baldwin KRA Corporation; Erol Balkan job growth when we could easily com- ment.’’ While controversy about the precise Hamilton College; Jennifer Ball Washburn bine a wage increase with tax relief to employment effects of the minimum wage University; Brad Barham University of Wis- help small businesses stay competitive continues, research has shown that most of consin—Madison; Drucilla K. Barker Hollins College; David Barkin Universidad the beneficiaries are adults, most are female, and keep our economy growing. Autonoma Metropolitana; James N. Baron and the vast majority are members of low-in- One provision not included in the Yale University; Chuck Barone Dickinson minimum wage bill would extend small come working families. As economists who are concerned about College; Christopher B. Barrett Cornell Uni- businesses expensing. Over the last few versity; Richard Barrett University of Mon- the problems facing low-wage workers, we tana; Laurie J. Bassi McBassi & Company; years, Congress has increased the ex- believe the Fair Minimum Wage Act of 2005’s Francis M. Bator Harvard University; Rose- pensing limit which allows firms to proposed phased-in increase in the federal mary Batt Cornell University; Sandy Baum write off equipment purchases imme- minimum wage to $7.25 falls well within the diately. This allows small businesses to Skidmore College; Amanda Bayer range of options where the benefits to the Swarthmore College; Sohrab Behdad Denison expand faster and hire new workers. I labor market, workers, and the overall econ- University; Peter F. Bell State University of continue to support a permanent ex- omy would be positive. New York—Purchase; Dale L. Belman Michi- Twenty-two states and the District of Co- tension of this provision. Without ex- gan State University; Michael Belzer Wayne tension, expensing will soon revert lumbia have set their minimum wages above State University; Lourdes Beneria Cornell the federal level. Arizona, Colorado, Mis- University; Barbara R. Bergmann American from its current $100,000 back to $25,000. souri, Montana, Nevada and Ohio, are consid- Other relief not permitted in this is University and University of Maryland; Eli ering similar measures. As with a federal in- Berman University of California—San Diego; the elimination of the unnecessary 2 crease, modest increases in state minimum percent unemployment surtax. I joined Alexandra Bernasek Colorado State Univer- wages in the range of $1.00 to $2.50 and index- sity; Jared Bernstein Economic Policy Insti- my friend JIM MCCRERY in the 109th ing to protect against inflation can signifi- tute; Michael Bernstein University of Cali- Congress to end the surtax and stimu- cantly improve the lives of low-income fornia—San Diego; Charles L. Betsey Howard late job creation and higher wages for workers and their families, without the ad- University; David M. Betson University of those same workers who might lose verse effects that critics have claimed. Notre Dame; Carole Biewener Simmons Col- jobs due to a minimum wage hike. LEADING ECONOMISTS ENDORSE THIS lege; Sherrilyn Billger Illinois State Univer- Finally, discounting relief from the STATEMENT sity; Richard E. Bilsborrow University of 41 percent minimum wage increase, the Henry Aaron, The Brookings Institution; North Carolina—Chapel Hill; Cyrus Bina bill ignores other side effects, such as Kenneth Arrow+ Stanford University; Wil- University of Minnesota—Morris; Melissa liam Baumol+, Princeton University and Binder University of New Mexico; L. Josh impacts on the workfare participants. Bivens Economic Policy Institute; Stanley Current law determines how long wel- New York University; Rebecca Blank, Uni- versity of Michigan; Alan Blinder, Princeton Black University of North Carolina—Chapel fare beneficiaries may participate in University; Peter Diamond+, Massachusetts Hill; Ron Blackwell AFL–CIO; Margaret workfare, which helps recipients de- Institute of Technology; Ronald Ehrenberg, Blair Vanderbilt University Law School; velop good work habits. As the min- Cornell University; Clive Granger*, Univer- Gail Blattenberger University of Utah; Rob- imum wage rises, recipients have ac- sity of California, San Diego; Lawrence Katz ert A. Blecker American University; Barry cess to less work, even if that is what Harvard University (AEA Executive Com- Bluestone Northeastern University; Peter mittee); Lawrence Klein*+, University of Bohmer Evergreen State College; David they most need to prepare for a new Boldt State University of West Georgia; job. Pennsylvania; Frank Levy, Massachusetts Institute of Technology; Lawrence Mishel, Roger E. Bolton Williams College; James F. Mr. Speaker, by dismissing alter- Booker Siena College; Jeff Bookwalter Uni- natives, the majority has generated a Economic Policy Institute; Alice Rivlin+, The Brookings Institution (former Vice versity of Montana; Barry Bosworth The bill whose benefits to the American Chair of the Federal Reserve and Director of Brookings Institution; Heather Boushey Cen- ter for Economic and Policy Research; Roger workers will be negligible, side effects the Office of Management and Budget); Rob- Even Bove West Chester University; Samuel real, and impacts on job creation pal- ert Solow*+, Massachusetts Institute of Bowles Santa Fe Institute; James K. Boyce pable. I urge my colleagues to reject Technology; and Joseph Stiglitz*, Columbia University of Massachusetts—Amherst; this measure. University. Ralph Bradburd Williams College; Michael E. Mr. GEORGE MILLER of California. Six hundred and fifty of their fellow econo- mists agree. Bradley University of Maryland—Baltimore Mr. Speaker, I yield myself 15 seconds County; Elissa Braunstein Colorado State to submit for insertion into the RECORD ECONOMISTS SUPPORTING INCREASE IN MINIMUM University; David Breneman University of a statement of 650 economists, includ- WAGE Virginia; Mark Brenner Labor Notes Maga- ing five Nobel laureates, that support Katherine G. Abraham University of Mary- zine; Vernon M. Briggs Cornell University; this increase in the minimum wage and land; Frank Ackerman Tufts University; F. Byron W. Brown Michigan State University; Gerard Adams Northeastern University; say that it will not be detrimental to Christopher Brown Arkansas State Univer- Randy Albelda University of Massachu- sity; Clair Brown University of California— the economy. setts—Boston; James Albrecht Georgetown Berkeley; Philip H. Brown Colby College; Mi- HUNDREDS OF ECONOMISTS SAY: RAISE THE University; Jennifer Alix-Garcia University chael Brun Illinois State University; Neil H. MINIMUM WAGE of Montana; Sylvia A. Allegretto Economic Buchanan Rutgers School of Law and New The minimum wage has been an important Policy Institute; Beth Almeida International York University School of Law; Robert part of our nation’s economy for 68 years. It Association of Machinists and Aerospace Buchele Smith College; Stephen Buckles is based on the principle of valuing work by Workers; Abbas Alnasrawi University of Vanderbilt University; Stephen V. Burks establishing an hourly wage floor beneath Vermont; Gar Alperovitz University of Mary- University of Minnesota—Morris; Joyce which employers cannot pay their workers. land—College Park; Joseph Altonji Yale Uni- Burnette Wabash College; Paul D. Bush Cali- In so doing, the minimum wage helps to versity; Nurul Aman University of Massa- fornia State University—Fresno; Alison But- equalize the imbalance in bargaining power chusetts—Boston; Teresa L. Amott Hobart ler Wilamette University; Antonio G. Callari that low-wage workers face in the labor mar- and William Smith Colleges; Alice Amsden Franklin and Marshall College; Al Campbell ket. The minimum wage is also an important Massachusetts Institute of Technology; Ber- University of Utah; James Campen Univer- tool in fighting poverty. nard E; Anderson University of Pennsyl- sity of Massachusetts—Boston; Maria

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE January 10, 2007 CONGRESSIONAL RECORD — HOUSE H267 Cancian University of Wisconsin—Madison; Rudy Fichtenbaum Wright State University; search and Planning; Martha S. Hill Univer- Paul Cantor Norwalk Community College; Deborah M. Figart Richard Stockton Col- sity of Michigan—Ann Arbor; Michael G. Anthony Carnevale National Center on Edu- lege; Bart D. Fmzel University of Min- Hillard University of Southern Maine; Rod cation and the Economy; Jeffrey P. Car- nesota—Morris; Lydia Fischer United Auto Hissong University of Texas—Arlington; P. penter Middlebury College; Francoise Carre Workers, retired; Peter Fisher University of Sai-Wing Ho University of Denver; Emily P. University of Massachusetts—Boston; Mi- Iowa; John Fitzgerald Bowdoin College; Sean Hoffman Western Michigan University; chael J. Carter University of Massachu- Flaherty Franklin and Marshall College; Harry J. Holzer Georgetown University and setts—Lowell; Susan B. Carter University of Kenneth Flamm University of Texas—Aus- Urban Institute; Marjorie Honig Hunter Col- California—Riverside; Karl E. Case Wellesley tin; Maria S. Floro American University; lege, City University of New York; Barbara College; J. Dennis Chasse State University of Nancy Folbre University of Massachusetts— E. Hopkins Wright State University; Mark New York—Brockport; Howard Chernick Amherst; Christina M. Fong Carnegie Mellon R. Hopkins Gettysburg College; Ann Horo- Hunter College, City University of New University; Catherine Forman Quinnipiac witz University of Florida; Ismael Hossein; York; Robert Cherry Brooklyn College—City University; Harold A. Forman United Food Zadeh Drake University; Charles W. Howe University of New York; Graciela and Commercial Workers; Mathew Forstater University of Colorado—Boulder; Candace Chichilnisky Columbia University; Lawrence University of Missouri—Kansas City; Liana Howes Connecticut College; Frank M. Chimerine Radnor International Consulting, Fox Economic Policy Institute; Donald G. Howland Wabash College; David C. Huffman Inc; Menzie D; Chinn University of Wis- Freeman Sam Houston State University; Bridgewater College; Saul H. Hymans Uni- consin—Madison; Charles R. Chittle Bowling Gerald Friedman University of Massachu- versity of Michigan—Ann Arbor; Frederick Green State University; Kimberly setts—Amherst; Sheldon Friedman AFL– S. Inaba Washington State University; Alan Christensen State University of New York— CIO; Alan Frishman Hobart and William G. Isaac American University; Doreen Purchase; Richard D. Coe New College of Smith Colleges; Scott T. Fullwiler Wartburg Isenberg University of Redlands; Jonathan Florida; Robert M. Coen Northwestern Uni- College; Kevin Furey Chemeketa Community Isham Middlebury College; Sanford M. versity; Steve Cohn Knox College; Rachel College; Jason Furman New York Univer- Jacoby University of California—Los Ange- Connelly Bowdoin College; Karen Smith sity; David Gabel Queens College; James K. les; Robert G. James California State Uni- Conway University of New Hampshire; Pat- Galbraith University of Texas—Austin; versity—Chico; Kenneth P. Jameson Univer- rick Conway University of North Carolina— Monica Galizzi University of Massachu- sity of Utah; Russell A. Janis University of Chapel Hill; David R. Cormier West Virginia setts—Lowell; David E. Gallo California Massachusetts—Amherst; Elizabeth J. Jen- University; James V. Cornehls University of State University—Chico; Byron Gangnes sen Hamilton College; Pascale Joassart Uni- Texas—Arlington; Richard R. Cornwall University of Hawaii—Manoa; Irwin versity of Massachusetts—Boston; Jerome Middlebury College; Paul N. Courant Univer- Garfinkel Columbia University; Rob Garnett Joffe St. John’s University; Laurie Johnson sity of Michigan—Ann Arbor; James R. Texas Christian University; Garance Genicot University of Denver; William Johnson Ari- Crotty University of Massachusetts—Am- Georgetown University; Christophre Georges zona State University; Lawrence D. Jones herst; James M. Cypher California State Uni- Hamilton College; Malcolm Getz Vanderbilt University of British Columbia; Alexander J. versity—Fresno; Douglas Dalenberg Univer- University; Teresa Ghilarducci University of Julius New York University; Bernard Jump sity of Montana; Herman E. Daly University Notre Dame; Karen J. Gibson Portland State Syracuse University; Fadhel Kaboub Drew of Maryland; Anita Dancs National Prior- University; Richard J. Gilbert University of University; Shulamit Kahn Boston Univer- ities Project; Nasser Daneshvary University California—Berkeley; Helen Lachs Ginsburg sity; Linda Kamas Santa Clara University; of Nevada—Las Vegas; David Danning Uni- Brooklyn College—City University of New Sheila B. Kamerman Columbia University; versity of Massachusetts—Boston; Sheldon York; Herbert Gintis University of Massa- John Kane State University of New York— Danziger University of Michigan—Ann chusetts—Amherst; Neil Gladstein Inter- Oswego; Billie Kanter California State Uni- Arbor; Jane D’Arista Financial Markets Cen- national Association of Machinists and Aero- versity—Chico; J.K. Kapler University of ter; Paul Davidson The New School for So- space Workers; Amy Glasmeier Penn State Massachusetts—Boston; Roger T. Kaufman cial Research; Jayne Dean Wagner College; University; Norman J. Glickman Rutgers Smith College; David E. Kaun University of Gregory E. DeFreitas Hofstra University; University; Robert Glover University of California—Santa Cruz; Thomas A. Kemp Bradford Delong University of California— Texas—Austin; Arthur S. Goldberger Univer- University of Wisconsin—Eau Claire; Peter Berkeley; James G. Devine Loyola sity of Wisconsin—Madison; Lonnie Golden B. Kenen Princeton University; Farida C. Marymount College; Ranjit S. Dighe State Penn State University—Abington College; Khan University of Wisconsin—Parks ide; University of New York—Oswego; John Dan Goldhaber University of Washington; Kwan S. Kim University of Notre Dame; DiNardo University of Michigan—Ann Arbor; Marshall I. Goldman Wellesley College; Ste- Marlene Kim University of Massachusetts— Randall Dodd Financial Policy Forum; Peter ven M. Goldman University of California— Boston; Christopher T. King University of B. Doeringer Boston University; Peter Berkeley; William W. Goldsmith Cornell Uni- Texas—Austin; Mary C. King Portland State Dorman Evergreen State College; Robert versity; Donald Goldstein Allegheny College; University; Lori G. Kletzer University of Drago Pennsylvania State University; Laura Nance Goldstein University of Southern California—Santa Cruz; Janet T. Knoedler Dresser University of Wisconsin; Richard B. Maine; Nick Gomersall Luther College; Eban Bucknell University; Tim Koechlin Vassar Du Boff Bryn Mawr College; Arindrajit Dube S. Goodstein Lewis and Clark College; Neva College; Andrew I. Kohen James Madison University of California—Berkeley; Marie Goodwin Tufts University; Roger Gordon University; Denise Eby Konan University of Duggan Keene State College; Lloyd J. Dumas University of California—San Diego; Peter Hawaii—Manoa; Ebru Kongar Dickinson Col- University of Texas—Dallas; Christopher Gottschalk Boston College; Elise Gould Eco- lege; James Konow Loyola Marymount Uni- Dunn Earth and Its People Foundation; Ste- nomic Policy Institute; Harvey Gram Queens versity; Krishna Kool University of Rio ven N. Durlauf University of Wisconsin— College, City University of New York; Jim Grande; Douglas Koritz Buffalo State Col- Madison; Amitava K. Dutt University of Grant Lewis & Clark College; Ulla Grapard lege; Daniel J. Kovenock Purdue University; Notre Dame; Jan Dutta Rutgers University; Colgate University; Daphne Greenwood Uni- Kate Krause University of New Mexico; Gary A. Dymski University of California— versity of Colorado—Colorado Springs; Karl Vadaken N. Krishnan Bowling Green State Riverside; Peter J. Eaton University of Mis- Gregory Oakland University; Christopher University; Douglas Kruse Rutgers Univer- souri—Kansas City; Fritz Efaw University of Gunn Hobart and William Smith Colleges; sity; David Laibman Brooklyn College—City Tennessee—Chattanooga; Catherine S. El- Steven C. Hackett Humboldt State Univer- University of New York; Robert M. La; Jeu- liott New College of Florida; Richard W. sity; Joseph E. Harrington Johns Hopkins nesse University of Newcastle; Kevin Lang England University of New Hampshire; Ernie University; Douglas N. Harris Florida State Boston University; Catherine Langlois Englander George Washington University; University; Jonathan M. Harris Tufts Uni- Georgetown University; Mehrene Larudee Gerald Epstein University of Massachu- versity; Martin Hart; Landsberg Lewis & DePaul University; Gary A. Latanich Arkan- setts—Amherst; Sharon J. Erenburg Eastern Clark College; Robert Haveman University sas State University; Robert Z. Lawrence Michigan University; Susan L. Ettner Uni- of Wisconsin—Madison; Sue Headlee Amer- Harvard University—Kennedy School of Gov- versity of California—Los Angeles; Linda ican University; Carol E. Heim University of ernment; Daniel Lawson Drew University; Ewing United Auto Workers; Colleen A. Massachusetts—Amherst; James Heintz Uni- William Lazonick University of Massachu- Fahy Assumption College; Loretta Fairchild versity of Massachusetts—Amherst; Paul A. setts—Lowell; Joelle J. Leclaire Buffalo Nebraska Wesleyan University; David Fairris Heise Lebanon Valley College; Susan Helper State College; Frederic S. Lee University of University of California—Riverside; Warren Case Western Reserve University; John F. Missouri Kansas City; Marvin Lee San Jose E. Farb International Capital Mobility Do- Henry University of Missouri—Kansas City; State University; Sang-Hyop Lee University mestic Investment; Martin Farnham Univer- Barry Herman The New School; Edward S. of Hawaii—Manoa; Woojin Lee University of sity of Victoria; Jeff Faux Economic Policy Herman University of Pennsylvania; Guil- Massachusetts—Amherst; Thomas D. Legg Institute; Susan Fayazmanesh California lermo E. Herrera Bowdoin College; Joni University of Minnesota; J. Paul Leigh Uni- State University—Fresno; Rashi Fein Har- Hersch Vanderbilt University Law School; versity of California—Davis; Charles vard Medical School; Robert M. Feinberg Thomas Hertel Purdue University; Steven Levenstein University of Massachusetts— American University; Susan F. Feiner Uni- Herzenberg Keystone Research Center; Don- Lowell; Margaret C. Levenstein University of versity of Southern Maine; Marshall Feld- ald D. Hester University of Wisconsin—Madi- Michigan—Ann Arbor I Henry M. Levin Co- man University of Rhode Island; Marianne A. son; Gillian Hewitson Franklin and Marshall lumbia University; Herbert S. Levine Univer- Ferber University of Illinois—Urbana-Cham- College; Bert G. Hickman Stanford Univer- sity of Pennsylvania; Mark Levinson Eco- paign; William D. Ferguson Grinnell College; sity; Marianne T. Hill Center for Policy Re- nomic Policy Institute; Oren M. Levin-

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE H268 CONGRESSIONAL RECORD — HOUSE January 10, 2007 Waldman Metropolitan College of New York; State University; Michele Naples The Col- versity; Joydeep Roy Economic Policy Insti- Mark K. Levitan Community Service Soci- lege of New Jersey; Tara Natarajan St. Mi- tute; David Runsten Community Alliance ety of New York; Stephen Levy Center for chael’s College; Julie A. Nelson Tufts Uni- with Family Farmers; Lynda Rush Cali- Continuing Study of California Economy; versity; Reynold F. Nesiba Augustana Col- fornia State Polytechnic University—Po- Arthur Lewbel Boston College; Lynne Y. lege; Donald A. Nichols University of Wis- mona; Gregory M. Saltzman Albion College Lewis Bates College; David L. Lindauer consin—Madison; Eric Nilsson California and the University of Michigan; Sydney Wellesley College; Victor D. Lippit Univer- State University—San Bernardino; Laurie Saltzman Cornell University; Dominick sity of California—Riverside; Pamela J. Nisonoff Hampshire College; Emily Northrop Salvatore Fordham University; Blair Sandler Loprest Urban Institute; Richard Lotspeich Southwestern University; Bruce Norton San San Francisco, California; Daniel E. Saros Indiana State University; Michael C. Lovell Antonio College; Stephen A. O’Connell Valparaiso University; Michael Sattinger Wesleyan University; Milton Lower Retired Swarthmore College; Mehmet Odekon University at Albany; Dawn Saunders Senior Economist, U.S. House of Representa- Skidmore College; Paulette Olson Wright Castleton State College; Larry Sawers Amer- tives; Stephanie Luce University of Massa- State University; Paul Ong University of ican University; Max Sawicky Economic chusetts—Amherst; Robert Lucore United California—Los Angeles; Van Doorn Ooms Policy Institute; Peter V. Schaeffer West American Nurses; Jens Otto Ludwig George- Committee for Economic Development; Jon- Virginia University; William C. Schauiel town University; Dan Luria Michigan Manu- athan M. Orszag Competition Policy Associ- University of West Georgia; A. Allan Schmid facturing Technology Center; Devon Lynch ates, Inc.; Paul Osterman Massachusetts In- Michigan State University; Stephen J. University of Denver; Lisa M. Lynch Tufts stitute of Technology; Shaianne T. Schmidt Union College; John Schmitt Cen- University; Robert G. Lynch Washington Osterreich Ithaca College; Rudolph A. Os- ter for Economic and Policy Research; Juliet College; Catherine Lynde University of Mas- wald George Meany Labor Studies Center; B. Schor Boston College; C. Heike Schotten sachusetts—Boston; Arthur MacEwan Uni- Spencer J. Pack Connecticut College; Arnold University of Massachusetts—Boston; Eric versity of Massachusetts—Boston; Hasan Packer Johns Hopkins University; Dimitri B. A. Schutz Rollins College; Elliot Sclar Co- MacNeil California State University—Chico; Papadimitriou The Levy Economic Institute lumbia University; Allen J. Scott University Allan MacNeill Webster University; Craig R. of Bard College; James A. Parrott Fiscal Pol- of California—Los Angeles; Bruce R. Scott MacPhee University of Nebraska—Lincoln; icy Institute; Manuel Pastor University of Harvard Business School; Robert Scott Eco- Diane J. Macunovich University of Redlands; California—Santa Cruz; Eva A. Paus Mount nomic Policy Institute; Stephauie Seguino Janice F. Madden University of Pennsyl- Holyoke College; Jim Peach New Mexico University of Vermont; Laurence Seidman vania; Mark H. Maier Glendale Community State University; M. Stephen Pendleton Buf- University of Delaware; Janet Seiz Grinnell College; Thomas N. Maloney University of falo State College; Michael Perelman Cali- College; Willi Semmler The New School; Utah; Jay R. Mandie Colgate University; An- fornia State University—Chico; Kenneth Mina Zeynep Senses Johns Hopkins Univer- drea Maneschi Vanderbilt University; Garth Peres Communications Workers of America; sity; Jean Shackelford Bucknell University; Mangum University of Utah; Catherine L. George L. Perry The Brookings Institution; Harry G. Shaffer University of Kansas; Mann Brandeis University; Don Mar San Joseph Persky University of Illinois—Chi- Sumitra Shah St. John’s University; Robert Francisco State University; Dave E. Mar- cago; Karen A. Pfeifer Smith College; Bruce J. Shapiro Sonecon LLC; Mohammed Sharif cotte University of Maryland—Baltimore Pietrykowski University of Michigan—Dear- University of Rhode Island; Lois B. Shaw In- County; Robert A. Margo Boston University; born; Michael J. Piore Massachusetts Insti- stitute for Women’s Policy Research; Heidi Ann R. Markusen University of Minnesota— tute of Technology; Karen R. Polenske Mas- Shierholz University of Toronto; Deep Twin Cities; Ray Marshall University of sachusetts Institute of Technology; Robert Shikha College of St. Catherine; Richard L. Texas LBJ School of Public Affairs; Stephen Pollin University of Massachusetts—Am- Shirey Siena College; Steven Shulman Colo- Martin Purdue University; Patrick L Mason herst; Marshall Pomer Macroeconomic Pol- rado State University; Laurence Shute Cali- Florida State University; Thomas Masterson icy Institute; Tod Porter Youngstown State fornia State Polytechnic University—Po- Westfield State College; Julie A. Matthaei University; Shirley L. Porterfield University mona; Stephen J. Silvia American Univer- Wellesley College; Peter Hans Matthews of Missouri—St. Louis; Michael J. Potepan sity; Michael E. Simmons North Carolina Middlebury College; Anne Mayhew Univer- San Francisco State University; Marilyn A&T State University; Margaret C. Simms sity of Tennessee—Knoxville; Alan K. Power Sarah Lawrence College; Thomas Joint Center for Political and Economic McAdams Cornell University; Timothy D. Power University of Montana; Robert E. Studies; Chris Skelley Rollins College; Max McBride St. Louis University School of Pub- Prasch Middlebury College; Mark A. Price J. Skidmore University of Missouri—Kansas lic Health; Elaine McCrate University of Keystone Research Center; Jean L. Pyle Uni- City; Peter Skott University of Massachu- Vermont; Kate McGovern Springfield Col- versity of Massachusetts—Lowell; Paddy setts—Amherst; Courtenay M. Slater Arling- lege; Richard D. McGrath Armstrong Atlan- Quick St. Francis College; John M. Quigley ton, Virginia; Timothy M. Smeeding Syra- tic State University; Richard McIntyre Uni- University of California—Berkeley; Willard cuse University; Janet Spitz College of Saint versity of Rhode Island; Hannah McKinney W. Radell, Jr. Indiana University of Pennsyl- Rose; William Spriggs Howard University; Kalamazoo College; Judith Record McKinney vania; Fredric Raines Washington University James L. Starkey University of Rhode Is- Hobart and William Smith Colleges; Andrew in St. Louis; Steven Raphael University of land; Martha A. Starr American University; McLennan University of Sydney; Charles W. California—Berkeley; Salim Rashid Univer- Howard Stein University of Michigan—Ann McMillion MBG Information Services; Ellen sity of Illinois—Urbana—Champaign; Wendy Arbor; Mary Huff Stevenson University of Meara Harvard Medical School; Martin L. Rayack Wesleyan University; Randall Massachusetts—Boston; James B. Stewart Melkonian Hofstra University; Jo Beth Reback Barnard College, Columbia Univer- Pennsylvania State University; Jeffrey Mertens Hobart and William Smith Colleges; sity; Robert Rebelein Vassar College; James Stewart Northern Kentucky University. Peter B. Meyer University of Louisville and B. Rebitzer Case Western Reserve Univer- Robert J. Stonebraker Winthrop University; Northern Kentucky University; Thomas R. sity; Daniel I. Rees University of Colorado— Michael Storper University of California— Michl Colgate University; Edward Miguel Denver; Michael Reich University of Cali- Los Angeles; Diana Strassmann Rice Univer- University of California—Berkeley; William fornia—Berkeley; Robert B. Reich University sity; Cornelia J. Strawser Consultant; Fred- Milberg The New School; John A. Miller of California—Berkeley; Cordelia Reimers erick R. Strobel New College of Florida; Wheaton College; S.M. Miller Cambridge In- Hunter College and The Graduate Center— James I. Sturgeon University of Missouri— stitute and Boston University; Jerry Miner City University of New York; Donald Renner Kansas City; David M. Sturges Colgate Uni- Syracuse University; Daniel J.B. Mitchel Minnesota State University—Mankato; versity; William A. Sundstrom Santa Clara University of California—Los Angeles; Ed- Trudi Renwick Fiscal Policy Institute; An- University; Jonathan Sunshine Reston, Vir- ward B. Montgomery University of Mary- drew Reschovsky University of Wisconsin— ginia; Paul Swaim Organisation for Eco- land; Sarah Montgomery Mount Holyoke Madison. Lee A. Reynis University of New nomic Co-operation and Development; Craig College; Robert E. Moore Georgia State Uni- Mexico; Daniel Richards Tufts University; Swan University of Minnesota—Twin Cities; versity; Barbara A. Morgan Johns Hopkins Bruce Roberts University of Southern Maine; Paul A. Swanson William Paterson Univer- University; John R. Morris University of Barbara J. Robles Arizona State University; sity; William K. Tabb Queens College; Peter Colorado—Denver; Monique Morrissey Eco- John Roche St. John Fisher College; Charles Temin Massachusetts Institute of Tech- nomic Policy Institute; Lawrence B. Morse P. Rock Rollins College; William M. Rodgers nology; Judith Tendler Massachusetts Insti- North Carolina A&T State University; Saeed III Rutgers University; Dani Rodrik Harvard tute of Technology; David Terkla University Mortazavi Humboldt State University; Fred University; John E. Roemer Yale University; of Massachusetts—Boston; Kenneth Thomas Moseley Mount Holyoke College; Philip I. William O. Rohlf Drury University; Gerard University of Missouri—St. Louis; Frank Moss University of Massachusetts—Lowell; Roland University of California—Berkeley; Thompson University of Michigan—Ann Tracy Mott University of Denver; Steven D. Frank Roosevelt Sarah Lawrence College; Arbor; Ross D. Thomson University of Mullins Drury University; Alicia H. Munnell Jaime Ros University of Notre Dame; Nancy Vermont; Emanuel D. Thorne Brooklyn Col- Boston College; Richard J. Murnane Harvard E. Rose California State University—San lege—City University of New York; Jill University; Matthew D. Murphy Gainesville Bernardino; Howard F. Rosen Trade Adjust- Tiefenthaler Colgate University; Thomas H. State College; Michael Murray Bates Col- ment Assistance Coalition; Joshua L. Tietenberg Colby College; Chris Tilly Uni- lege; Peggy B. Musgrave University of Cali- Rosenbloom University of Kansas; William versity of Massachusetts—Lowell; Renee fornia—Santa Cruz; Richard A. Musgrave W. Ross Fu Associates, Ltd.; Roy J. Rothelm Toback Empire State College; Mayo C. Harvard University; Ellen Mutari Richard Skidmore College; Jesse Rothstein Princeton Torun˜ o California State University—San Stockton College; Sirisha Naidu Wright University; Geoffrey Rothwell Stanford Uni- Bernardino; W. Scott Trees Siena College; A.

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE January 10, 2007 CONGRESSIONAL RECORD — HOUSE H269 Dale Tussing Syracuse University; James it should be a violation of a person’s For the past 9 years, America’s work- Tybout Penn State University; Christopher civil rights not to provide adequate ing families have not received a pay Udry Yale University; Daniel A. Underwood compensation for their work. raise. Today, minimum wage employ- Peninsula College; Lynn Unruh University of Mr. Speaker, we must ensure that ees working 40 hours a week, 52 weeks Central Florida; Leanne Ussher Queens Col- lege, City University of New York; David working people earn enough to care for a year, earn $5,000 below the poverty Vail Bowdoin College; Vivian Grace themselves and their families. level for a family of three. How can we Valdmanis University of the Sciences in I urge my colleagues to support H.R. 2 and allow so many hardworking families to Philadelphia; William Van Lear Belmont support the millions of working Americans who live in poverty? Abbey College; Lane Vanderslice Hunger so desperately need a raise in the minimum Increasing the minimum wage to Notes; Lise Vesterlund University of Pitts- wage. $7.25 an hour will give our working burgh; Michael G. Vogt Eastern Michigan Mr. MCCRERY. Mr. Speaker, I yield 2 families an additional $4,400 a year. University; Paula B. Voos Rutgers Univer- minutes to the gentleman from Geor- This will help them meet critical needs sity; Mark Votruba Case Western Reserve gia, a member of the Ways and Means such as rent, health care, child care, University; Susan Vroman Georgetown Uni- Committee, Mr. LINDER. and food. I urge all Members to please versity; Howard M. Wachtel American Uni- Mr. LINDER. Mr. Speaker, I thank versity; Jeffrey Waddoups University of Ne- support this legislation. vada—Las Vegas; Norman Waitzman Univer- the gentleman for yielding. In this 110th Congress, we must reaffirm the sity of Utah; Lawrence A. Waldman Univer- Mr. Speaker, I rise to oppose this po- American Dream that rewards hard work with sity of New Mexico; John F. Walker Portland litical effort to fix prices. Dr. Milton good pay and the opportunity to support State University; William Waller Hobart and Friedman spoke on this issue 31 years strong and healthy families. An increase in the William Smith Colleges; Jennifer Warlick ago. He noted that the proponents of minimum wage will help us achieve this goal. University of Notre Dame; Matthew Warning increasing the minimum wage are well- I urge all of my colleagues to support this leg- University of Puget Sound; Bernard Wasow meaning do-gooders, but they are play- islation. The Century Foundation; Robert W. ing politics with people’s futures. Mr. MCCRERY. Mr. Speaker, I in- Wassmer California State University—Sac- These ideas always have two groups clude in the RECORD a report from the ramento; Sidney Weintraub Center for Stra- of sponsors, the well-meaning do- Congressional Budget Office as to the tegic and International Studies; Mark gooders and the special interests who cost to State, local, and tribal govern- Weisbrot Center for Economic and Policy Research; Charles L. Weise Gettysburg Col- are using the do-gooders as front men. ments and to the private sector of the lege; Thomas E. Weisskopf University of Since there is absolutely no positive provisions of the legislation before us; Michigan—Ann Arbor; Christian E. Weller objective achieved by a minimum wage simply about $1 billion to governments Center for American Progress; Fred M. West- other than costing beginning workers and about $16 billion to the private sec- field Vanderbilt University; Charles J. their jobs, the real purpose is to reduce tor, mostly small businesses. Whalen Perspectives on Work; Cathleen L. competition for unions so that it is U.S. CONGRESS, Whiting Williamette University; Howard easier to maintain the wages of their CONGRESSIONAL BUDGET OFFICE, Wial The Brookings Institution; Linda privileged members higher than the Washington, DC, December 29, 2006. Wilcox Young Southern Oregon University; others. Hon. WILLIAM ‘‘BILL’’ M. THOMAS, Arthur R. Williams Rochester—Minnesota; The minimum wage says that em- Chairman, Committee on Ways and Means, Robert G. Williams Guilford College; John House of Representatives, Washington, DC. Willoughby American University; Valerie ployers must discriminate against DEAR MR. CHAIRMAN: I am pleased to re- Rawlston Wilson National Urban League; those with low skills. If you have a job spond, in the attachment to this letter, to Jon D. Wisman American University; Bar- that is worth $5 an hour, you may not your questions about the potential effects on bara L. Wolfe University of Wisconsin— employ that person. It is illegal. government revenues and outlays that could Madison; Edward Wolff New York Univer- So who pays? The 1981 Minimum result from enactment of an increase in the sity; Martin Wolfson University of Notre Wage Study Commission concluded federal minimum wage rate from $5.15 to Dame; Brenda Wyss Wheaton College; Yavuz that a 10 percent increase in the min- $7.25 per hour. Yasar University of Denver; Anne Yeagle In addition, at the request of Congressman imum wage reduced teenage employ- McKeon, CBO has prepared a cost estimate University of Utah; Erinc Yelden University ment by 1 to 3 percent. From 1981 to of Massachusetts—Amherst; Ben E. Young (dated December 29, 2006) for H.R. 2429, the University of Missouri—Kansas City; Edward 1990, the minimum wage did not rise, Fair Minimum Wage Act of 2005, which G. Young University of Wisconsin—Eau and teen unemployment fell from 25 would raise the minimum wage to $7.25 in Claire; June Zaccone National Jobs for All percent to 15 percent. After the 1990 in- three steps over a two-year period. A copy of Coalition and Hofstra University; Ajit crease, teen unemployment rose to that estimate is also attached. Zacharias Levy Economics Institute of Bard more than 20 percent. The 46 percent If you require additional information College; David A. Zalewski Providence Col- about the effects of increases in the min- rise between 1977 and 1981 cost 644,000 imum wage, CBO will be pleased to provide lege; Henry W. Zaretsky Henry W. Zaretsky jobs among teens alone. & Associates, Inc.; Jim Zelenski Regis Uni- it. The staff contacts are Paul Cullinan, Who else pays? Small business. A Ralph Smith, and Mark Booth. versity; Andrew Zimbalist Smith College; small business with five minimum and John Zysman University of California— Sincerely, Berkeley. wage positions would face more than DONALD B. MARRON, $21,000 in additional wage costs. That Acting Director. Mr. Speaker, I yield 1 minute to the Attachments. gentlewoman from California (Ms. does not include increases in payroll and unemployment taxes nor wage de- CONGRESSIONAL BUDGET OFFICE RESPONSES WOOLSEY), a member of the committee mands from other employees looking TO QUESTIONS POSED BY CONGRESSMAN and a long-time proponent of increas- THOMAS ABOUT THE EFFECTS OF INCREASING ing the minimum wage and making our to stay ahead of the minimum wage. THE FEDERAL MINIMUM WAGE economy fairer. For many businesses, small businesses, Question. How many workers currently Ms. WOOLSEY. Mr. Speaker, 40 years a higher minimum wage simply earning under or just above $7.25 an hour ago, I was a single mother with three equates to a major tax hike. That is would be affected? Does CBO believe that a small children; and although I was em- what this is. higher minimum wage will result in in- ployed, I was forced to go on welfare. I Mr. GEORGE MILLER of California. creased unemployment among this group? Answer. According to data from the Cur- know what it is like to try to get by on Mr. Speaker, I yield 1 minute to the gentleman from New Jersey (Mr. rent Population Survey, in October 2006, a paycheck that is not enough to meet there were approximately 8.4 million work- ends. SIRES). ers usually paid on an hourly wage basis Like my experience, today there are Mr. SIRES. Mr. Speaker, I thank the whose wage rate was between $5.15, the cur- many, many Americans who are work- gentleman for yielding me this time. rent federal minimum wage rate, and $7.25; ing so hard who are earning the min- Members, I rise in support of H.R. 2. two-thirds of them were paid more than $6.00 imum wage who are still coming up I am proud to be a Member of Congress per hour. short. And, Mr. Speaker, the majority at a time when I can help the nearly 13 The number of workers at or just above the of these Americans are women and million American workers that will federal minimum wage rate has been declin- benefit from an increase in the min- ing and is expected to continue to decline be- most of them have children. They put cause of market forces and actions taken by in a full 40-hour work week. They still imum wage, including the almost 2.8 many states. As of October 2006, 20 states and live below the poverty line. million Hispanic workers whose qual- the District of Columbia had laws that re- This is absolutely unacceptable, be- ity of life will be greatly improved by quired employers covered by their legisla- cause in a prosperous Nation like ours this legislation. tion to pay wage rates above $5.15 per hour.

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE H270 CONGRESSIONAL RECORD — HOUSE January 10, 2007 In 2007, eight more states will fall in that your letter could affect federal spending, but tent that the balances in the state UI ac- category. Some states, including California the Congressional Budget Office (CBO) counts deviated from a state’s desired posi- and Massachusetts, will have minimum wage judges that those effects would be small. tion, the state would adjust its tax rates and rates above $7.25. Thus, the number of people Moreover, whether those impacts would be benefit provisions to offset those deviations, that would be directly affected by an in- an increase or decrease in spending is uncer- CBO assumes. Thus, CBO expects the net ef- crease in the federal minimum wage rate and tain because the result would depend on the fect on the UI program to be neutral over the magnitude of the wage adjustments that income and family characteristics of the af- time. would be required of employers are expected fected individuals. Some workers would see CONGRESSIONAL BUDGET OFFICE COST ESTIMATE their incomes increased, but others might to diminish over time. H.R. 2429—Fair Minimum Wage Act of 2005 The potential employment and unemploy- see their work hours and earnings decline (or ment impacts of raising the federal min- sometimes eliminated completely) as em- Summary: H.R. 2429 would amend the Fair imum wage rate to $7.25 per hour are dif- ployers responded to the increase in the min- Labor Standards Act (FLSA) to increase the ficult to predict, but are likely to be small. imum wage. CBO expects that, in many federal minimum wage in three steps from Economists have devoted considerable en- cases, those groups of workers would have $5.15 per hour to $7.25 per hour. The bill also ergy to the task of estimating how employ- similar characteristics and therefore similar would apply the minimum wage provisions of ers would respond to such a mandate. Al- tendencies to participate in public programs. the FLSA to the Commonwealth of the though most economists would agree that an For those workers newly unemployed, in- Northern Mariana Islands (CNMI). The Con- increase in the minimum wage rate would creased participation in assistance programs gressional Budget Office (CBO) estimates cause firms to employ fewer low-wage work- would generate significant additional costs that enactment of an identical bill in the ers, there is considerable disagreement about on a per-case basis, but decreased costs for next Congress would have no significant ef- the magnitude of the reduction. The main workers with increased earnings would offset fect on the direct spending and revenues of reason for that disagreement is the difficulty most or all of that effect. the federal government. Because a very in distinguishing the effects on employment The majority of minimum-wage workers small number of federal employees are paid that were attributable to past changes in the do not receive any benefits under the Earned the federal minimum wage, the bill would minimum wage from those that were attrib- Income Tax Credit (EITC), Food Stamp pro- have a minor effect on the budgets of federal utable to other changes in the labor market. gram, or Medicaid. Those eligible for EITC agencies that are controlled through annual Moreover, the results of such analyses are payments could receive either higher or appropriations. difficult to apply to future changes because lower payments depending on whether or not The bill would impose mandates, as defined labor market conditions will be different. they were in the ‘‘phase-in’’ or the ‘‘phase- by the Unfunded Mandates Reform Act Many of the attempts to estimate the em- out’’ income ranges. Workers would lose (UMRA), on some state and local govern- ployment impacts of increases in the min- EITC payments if they were in the phase-out ments, Indian tribes, and private-sector em- imum wage were based on data from periods range and received higher earnings, and they ployers because it would require them to pay in which the federal minimum wage was would gain EITC payments if they were in higher wages than they are required to pay much higher, as a percentage of average the phase-in range and received higher earn- under current law. The bill also would pre- wages, than it is now or will be when any ings, within limits. CBO’s analysis suggests empt the minimum wage laws of the CNMI. proposed increases would take effect. Like- that more affected workers are in the phase- CBO estimates that the costs to state, local, wise, the number of people paid at the fed- out range than in the phase-in range. How- and tribal governments and to the private eral minimum wage rate is much smaller ever, the implicit tax rate for EITC recipi- sector would exceed the thresholds estab- now than it was prior to previous increases ents in the phase-out range is generally lished by UMRA. (The thresholds in 2007 are even though the labor force has grown sig- much lower than the rate of benefit accrual $66 million for intergovernmental mandates nificantly. for recipients in the phase-in range. As a re- and $131 million for private-sector mandates, Employers could respond to an increase in sult, CBO’s preliminary analysis suggests both adjusted annually for inflation.) the federal minimum wage in many different that the phase-in and phase-out effects For the purposes of this estimate, CBO as- ways. Some would reduce the number of would virtually offset each other and total sumes the legislation will be enacted by workers they employed or cut back on the EITC payments would be little changed. March 1, 2007. If so, the minimum wage number of hours worked by some of their Food Stamp benefits would fall for some would rise from $5.15 to $5.85 on May 1, 2007, employees. Because many of the workers in workers, but could rise for others if they to $6.55 on May 1, 2008, and to $7.25 on May the affected wage range are on part-time were among those in the labor force who saw 1, 2009. schedules, reducing the hours of employment their work hours decline. Similarly, some Estimated cost to the Federal Govern- might be easier to do than it would be if all Medicaid recipients would reach income lev- ment: CBO estimates that enacting H.R. 2429 workers were employed on fixed eight-hour els that would make them ineligible for that would have no significant effects on the fed- schedules. coverage, while others whose work hours eral budget. Other ways that employers might respond were diminished might become eligible. Affected workers and their families could to an increase in the federal minimum wage Question. Will there be significant in- experience changes to their incomes that would not involve adjustments in employ- creases in the amount of payroll or income would affect the benefits they receive from ment levels or hours. Employers might taxes collected as a result of the increased federal programs such as the Earned Income screen job applicants more closely to select income from affected workers? Tax Credit (EITC), Food Stamps, and Med- employees from whom they would expect Answer. CBO’s estimate of the potential ef- icaid. However, CBO judges that in aggregate higher productivity. Some employers might fects of an increase in the minimum wage on any such impacts would be small, and could reduce fringe benefits for their employees. federal revenues is similar to that for spend- result in either higher or lower spending in Some employers might attempt to pass ing—the impact would be small and of inde- those programs. Most workers in the affected along at least a portion of the additional terminate direction. The effective tax rates wage range do not currently participate in payroll costs to their customers by raising for workers whose income would rise are not those programs. CBO’s analysis of the EITC prices. They might be successful in doing so likely to be very different from those who indicates that those workers who are in the if their competitors were also faced with might see their hours and earnings de- earnings range where the EITC is phased out higher labor costs because of the increase in creased. Those effective tax rates reflect would receive reduced payments that would the minimum wage. payroll taxes (for Social Security, Medicare, virtually offset the additional benefits re- Any reductions in the growth in employ- and Unemployment Insurance) and income ceived by those in the phase-in range. Simi- ment resulting from such an increase in the taxes. larly, those Food Stamp participants whose minimum wage rate would not necessarily Question. What effect will the increased earnings rose would receive fewer benefits, result in a corresponding increase in unem- minimum wage have on the unemployment but workers who could not find work at the ployment—that is, the number of people ac- insurance program? Does CBO expect that higher wages or whose hours were cut back tively seeking work. The impact on the level state unemployment payroll taxes will need would likely claim higher benefits. of unemployment would also depend on how to be increased or that unemployment ben- The potential revenue effects are similar— the changes in work opportunities resulting efit payments will increase as a result of any small and of indeterminate direction. CBO from an increase in the minimum wage rate unemployment resulting from the increase expects that the workers with increased affected people’s decisions about partici- in the minimum wage? earnings would have characteristics similar pating in the labor force. Answer. CBO estimates that increases in to those whose incomes fall as a result of un- Question. Does CBO expect there to be any the minimum wage would have a negligible employment or reduced hours. Consequently, increased or decreased spending on work sup- effect on the unemployment insurance (UI) the marginal tax rates for the two groups port programs such as the Earned Income program. Unemployment benefits might rise would be comparable, and the changes in the Tax Credit, Medicaid, or Food Stamps? Is slightly from any increase in unemployment minimum wage would result in little change there an expected increase or decrease in the that might ensue, but only a very small in aggregate tax revenues. number of people participating in these anti- share of minimum-wage workers end up Intergovernmental and private-sector im- poverty programs as a result of higher wages qualifying for benefits. Initially, taxes under pact: The amendment would impose both resulting from the minimum wage? the program could rise or fall depending on intergovernmental and private-sector man- Answer. The increases in the minimum what happened to earnings under the annual dates, as defined in UMRA, because it would wage on the order of magnitude suggested in cap on taxable wages. Moreover, to the ex- require employers to pay higher wages than

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE January 10, 2007 CONGRESSIONAL RECORD — HOUSE H271 they are required to pay under current law. behind and that is particularly dis- omy. Workers will benefit. Businesses In addition, it would preempt the minimum appointing. will benefit. Far from lopping off the wage laws of the CNMI. That preemption While H.R. 2 will provide a $2.10 raise lowest rung of the ladder, as our col- also is considered a mandate. for American workers, sadly, it fails to leagues have argued, this will raise the To estimate the direct cost to employers of raising the minimum wage (that is, the cost take into account many Americans entire ladder. The economics are clear. of the new requirement absent any change in with disabilities who are in our work- We have seen it again and again. their behavior), CBO used information on the force. These are disabled Americans Mr. MCCRERY. Mr. Speaker, I yield number of workers whose wages would be af- who receive SSI disability benefits who myself such time as I may consume. fected in May 2007 and subsequent months, are active participants in the work- The gentleman from New Jersey the wage rates these workers would receive force and maintaining jobs that give talked about the experience in New in the absence of the bill, and the number of them great satisfaction. Unfortu- Jersey of increasing the minimum hours for which they would be compensated. nately, they are left behind because, wage, and he stated that no jobs were The estimate was made in two steps. First, lost. He didn’t cite any study to that CBO used data from the Current Population currently, SSI beneficiaries are limited Survey to estimate how much it would have to $900 per month in order to remain el- effect. He just stated it. There are cost employers to comply with the mandate igible to receive benefits. If the wage studies, though, that show that after had they been required to do so in late 2006. hike under consideration today goes the increase in minimum wage in the Second, that estimate was used to project into law without raising an earnings 1990s, there were, in fact, job losses. the costs to employers beginning in May limit for people on SSI, Americans 146,000 jobs were cut from restaurant 2007, taking into account the expected de- with disabilities engaged in full-time payrolls, and operators of restaurants cline over time in the number of workers in employment would either potentially signaled plans to postpone hiring an the relevant wage range. Those estimates additional 106,000 new employees be- take into account the fact that some states lose their benefits or have to cut back already have, or will have, minimum wages on their hours. That is a decision they cause of the raise of the minimum higher than the current federal minimum shouldn’t have to make. wage. And, also, the Bureau of Labor wage. Mr. Speaker, this is not only a dis- Statistics data shows that following CBO estimates that the costs to state, incentive to work, it is a woefully the increase in minimum wage, net in- local, and tribal governments would exceed shortsighted policy, which hopefully crease in jobs were significantly re- the threshold established by UMRA for inter- we will be able to correct before this duced around the country. And whether governmental mandates ($66 million in 2007, law goes into effect. that is a coincidence or not, we don’t adjusted annually for inflation) in each year I introduced H.R. 290 which would en- know, but certainly the evidence is beginning in fiscal year 2008. We also esti- mate that the costs to the private sector sure that workers with disabilities fairly clear that there was an impact. would exceed the annual threshold estab- would not lose their payments through Mr. Speaker, I yield 2 minutes to the lished in the law for private-sector mandates raising the earnings limitation on SSI. gentleman from Texas, a member of ($131 million in 2007, adjusted annually for I wasn’t able to offer that provision the Ways and Means Committee, Mr. inflation) in each year beginning in fiscal today because no amendments are BRADY. year 2007. The following table summarizes being allowed. The result, unfortu- Mr. BRADY of Texas. Mr. Speaker, I the estimated costs of those mandates. nately, is, having barred Republicans think we are missing a historic oppor- from having offered this change as an tunity to change the paradigm to real- ESTIMATED COSTS OF MANDATES IN H.R. 2429 amendment, the majority has created ly help workers get into a living wage By fiscal year, in billions of dollars— as real victims not House Republicans for the long term. The fact is, an in- but Americans with disabilities. And crease to $7.25 an hour will still leave a 2007 2008 2009 2010 2011 that is a shame. single mom with a child at or near pov- COSTS TO STATE, LOCAL, AND TRIBAL GOVERNMENTS Although an increase in the min- erty. And there is no doubt that a video Increase the federal minimum imum wage is critical, and I strongly store owner in Texas or anywhere else wage ...... * 0.1 0.2 0.3 0.3 support this bill, I sincerely hope that with five workers, when faced with a DIRECT COST TO THE PRIVATE SECTOR the new majority will move ultimately $25,000 increase in payroll and no Increase the federal minimum wage ...... 0.3 1.5 4.0 5.7 5.0 to rectify this inequity in this Con- chance they are going to rent that Apply the minimum wage to gress. many more videos, are going to look at the CNMI...... * 0.1 0.1 0.2 0.2 Note: * = Less than $50 mil- Mr. GEORGE MILLER of California. whether they can afford all those work- lion. Mr. Speaker, I yield 11⁄2 minutes to the ers. gentleman from New Jersey (Mr. Remembering well the minimum Estimate prepared by: Federal Costs: wage jobs I held when younger and also Christina Hawley Anthony; Impact on State, HOLT). Local, and Tribal Governments: Theresa Mr. HOLT. Mr. Speaker, I thank the having worked hard to make a small Gullo; Impact on the Private Sector: Ralph gentleman. business payroll, I think we need new Smith. Mr. Speaker, we finally are going to thinking. America’s goals should not Estimate approved by: Robert A. Sunshine, raise the minimum wage. No gim- be to raise the minimum wage; our Assistant Director for Budget Analysis and micks, no combination with extraneous goals should be to get workers off it Bruce Vavrichek, Assistant Director for legislation, just a straight up or down and into good-paying jobs that you can Health and Human Resources. vote to raise the minimum wage from raise a family on. Mr. Speaker, I yield 21⁄2 minutes to what has become the lowest purchasing So rather than recycle the same 60- another member of the Ways and power in half a century. year-old arguments, why don’t we help Means Committee, the gentleman from New Jersey instituted a fair living workers break out of the minimum Pennsylvania (Mr. ENGLISH). wage a year or so ago; and, guess what, wage trap? Rather than raise the min- Mr. ENGLISH of Pennsylvania. Mr. the increase did not result in layoffs. imum wage, let employers create edu- Speaker, I rise as a longtime advocate That indeed has been the experience of cation debit cards where workers can of raising the minimum wage, as some- every previous increase around the take those debit cards to the local one who supports the McKeon-McCrery country. With a minimum wage salary community college or the trade schools alternative because it is balanced and of a little over $10,000 a year, health so they can get a real job. Let business provides incentives for investment and premiums are that much, how do you and professions, whole industries con- small business and job creation. As expect a family to get along? This will tribute to those debit cards so we can someone who worked 10 years ago for benefit 13 million people, millions of train workers for the jobs of today the last increase for the minimum children, millions with children to sup- which are crying for many American wage, working very closely with my port, millions as head of household. workers. And since Congress is eager to then colleague Mr. Quinn of Buffalo, we Now, you have heard about the fair- do this pay raise on someone else’s were able to achieve that. ness and the compassion arguments for dime, let small businesses deduct and Today, we have an opportunity to this increase. We really must empha- receive credit those dollars, receive a raise the minimum wage, but because size the solid economic arguments that tax credit for their education contribu- of the procedural restrictions we face this increase, like all previous in- tions above the current state of min- on the floor some are going to be left creases, will benefit the entire econ- imum wage.

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE H272 CONGRESSIONAL RECORD — HOUSE January 10, 2007 b 1145 Americans without health insurance, that is not true at all and that rhetoric In effect, rather than a jobs bank, 60 percent are small business employ- doesn’t comport with reality. 650 create a skills bank for workers in the ees and their families. By allowing economists say otherwise; reality says 21st century. Give workers an oppor- small businesses to join together and otherwise. The fact of the matter is tunity to get out of a struggling job purchase health insurance through na- that the Fiscal Policy Institute reports that leads nowhere and give businesses tional associations at group rates, it that States with a higher minimum the skilled workers they need to com- will lower insurance premiums by up to wage than that have added jobs to the pete and win against international 30 percent. retail industry. competition. We have done it before Small business health plans, or asso- We have to move in the right direc- with welfare. The Republican Congress ciation health plans, as they are also tion with this bill. and Democrat President worked to- known, are not a new idea. Since first Mr. MCCRERY. Mr. Speaker, I yield 1 gether. We sent a strong signal we being introduced in the 104th Congress, minute to the gentleman from New would no longer give up on workers, a variation of small business health Jersey (Mr. GARRETT). relegating them to a subsistence living plan legislation has passed the full Mr. GARRETT of New Jersey. Mr. generation after generation. We ought House on six different occasions, in- Speaker, I rise to oppose this harmful to do it again. cluding during the 109th Congress when legislation and to oppose the Demo- I oppose this bill. 36 Democrats voted for it. crats’ plan to interfere with and inter- Mr. GEORGE MILLER of California. An increase to the minimum wage ject themselves in individuals’ personal Mr. Speaker, I yield 1 minute to the does not come without a cost, and that decisions as to where they are going to gentleman from Kentucky (Mr. cost is going to be borne by our Na- work. YARMUTH) on behalf of raising the min- tion’s small businesses. Therefore, it I also stand here, actually, in awe of imum wage. makes perfect sense to me that Con- the omniscient view the other side of Mr. YARMUTH. Mr. Speaker, it is gress should offset the cost of the wage the aisle has of themselves, this all- with great pride that I rise for the first increase with a decrease in the cost of knowing, all-seeing view that they time in this body in support of Amer- providing health insurance. know better than families do as to ican working families. Mr. Speaker, I am going to vote where they are going to work and Teddy Roosevelt first suggested that ‘‘yes’’ on increasing the minimum wage micromanage their lives. Regardless of all hardworking Americans should earn no matter what. But I am also going to whether it is a kid in Iowa after school what he called a living wage. Today, a vote ‘‘yes’’ to increase workers’ job se- working on a farm throwing hay or it century later, millions of Americans curity by lowering the health insur- is a woman in Chicago working at a have been denied his great vision due ance costs for small businesses through high-tech plant on an assembly line or to baseless fear tactics involving un- AHPs, and I urge my colleagues to do it is a man in New York going back as employment and a slowed economy. the same. a second career trying to get a job in But America’s minimum wage was Mr. GEORGE MILLER of California. the finance industry, the other side of raised regularly for 60 years, and the Mr. Speaker, I yield 11⁄2 minutes to the the aisle would tell us that each one of economy grew, in no small part due to gentleman from Massachusetts (Mr. those individuals should be paid ex- those actions. TIERNEY), a member of the committee. actly the same, regardless of their age, Raising the minimum wage never led Mr. TIERNEY. Mr. Speaker, I thank regardless of the work, regardless of to unemployment. It always forced the gentleman from California for their experience, regardless of demo- higher wages across the board, and it yielding. graphics, and regardless of the cost of helped to forge a healthy and vibrant Mr. Speaker, I am glad to be able to living in those areas. I tell you, Mr. economy. rise today in support of this increase in Speaker, it is unfair. In my district, 30,000 men and women the minimum wage. We should all be a And, finally, Mr. Speaker, this body, go to work every day working for min- bit ashamed of the fact that it has been which has been unable to get its fi- imum wage and come home to a life of 10 years since we have had the last in- nances and house in order for the last poverty. It is our responsibility, our crease. Every year low-wage workers 40 years, is in no position to be telling moral obligation, indeed, our great op- are left behind while CEOs get more the American public and the families portunity to ensure that all hard- and more money. This is not some of this country how they should be get- working Americans have the oppor- valid exercise of a well-oiled free enter- ting their finances in order. tunity to provide for themselves and prise system. This is a disgrace, and This is an unfair bill, Mr. Speaker, their families. We have the unique op- most Americans are repulsed by that and I oppose this legislation. portunity to approach Teddy Roo- fact. Mr. GEORGE MILLER of California. sevelt’s vision that, for an American Some people here are trying to make Mr. Speaker, I yield 11⁄2 minutes to the who works hard, a living wage is the the case today that there is some ben- gentleman from New York (Mr. absolute minimum. efit of a full-time worker making ARCURI). I urge my colleagues to supports the $10,700 a year, leaving a family of three Mr. ARCURI. Mr. Speaker, I thank measure. $6,000 below the poverty level. There my colleague from California for yield- Mr. MCCRERY. Mr. Speaker, I yield 2 can be no benefit, Mr. Speaker, in that ing. minutes to the gentleman from Florida condition. Mr. Speaker, it is with tremendous (Mr. KELLER). Let us be clear. Raising the min- pride that I rise today to deliver my Mr. KELLER of Florida. Mr. Speak- imum wage is going to dramatically first formal remarks on the floor of er, I thank the gentleman for yielding. improve the lives of millions of Ameri- this fine institution on such an impor- Mr. Speaker, I rise today to urge my cans, whether Milton Friedman agrees tant issue. That, of course, is providing colleagues to support the Working or not. When you make $4,400 more a a fair and decent wage to our Nation’s Families Wage and Access to Health year than you made in the past year, most economically disadvantaged. Care Act. This vital legislation will full-time year-round workers with a Nine years is far too long for anyone benefit employees by increasing the family of three can afford a year’s to wait for a wage increase, especially Federal minimum wage from $5.15 per worth of groceries. They can afford 11⁄2 a single mother who works 40 hours a hour to $7.25 per hour, while also help- years of heat and electricity. They can week but still has to face the decision ing employers provide affordable, qual- afford 9 months of rent, and they can of whether to buy food or medicine for ity health insurance through small afford the full 2-year tuition for a com- her children. I find it unconscionable business health plans. munity college degree for a parent or a that, in a country as rich as ours, any- During my 6 years serving the people child. That is how we get Americans on one working full time should have to of Central Florida, I have met with lit- the prosperity ladder. That is how we make such a decision. erally hundreds of small business own- give them opportunity. Opponents argue that raising the ers. Their number one concern has con- There are those that argue that the minimum wage will only stifle eco- sistently been the skyrocketing cost of increase in the minimum wage is going nomic growth and force employers to health insurance. Of the 45 million to hurt the economy. I suggest that lay off workers. I couldn’t disagree

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE January 10, 2007 CONGRESSIONAL RECORD — HOUSE H273 more. For starters, the logic just But what is also interesting is that 85 are doing something to ease that strug- doesn’t add up. Take, for instance, a percent of the people who make min- gle. small family-owned mom and pop gro- imum wage are well above the poverty Raising the minimum wage is a first cery store in Upstate New York, which level. Why? Because 52 percent of the step and a clear signal that we in Con- I represent. Some argue that the own- people on minimum wage are teen- gress will do something. Raising the ers of that store would have to hang up agers, 30 percent are part time, and 40 Federal minimum wage from $5.15 to a going out of business sign on their percent have never had a job before. In $7.25 an hour will add $4,400 to the in- window because of the costs associated fact, if we want to take a real serious come of full-time year-round workers, with the wage increase. But that look at poverty, we need to look at the enough for a low-income family of thinking only looks at half the issue. correlation between poverty and hours three to afford a year of groceries. The additional business that they will worked a week. The reality is so many Mr. Speaker, it has been 10 years get as a result of the more disposable people are working less than 40 hours a since our lowest-paid workers got a income that people have to spend in week. raise. In intervening years we in this their store would clearly make up for The second point, very important, is body have seen many pay raises. Amer- it. marriage. If you want to get a lot of icans in the top income brackets have Mr. Speaker, I am proud to be part of the children who are in poverty out of seen their earnings soar. On top of a Congress that will not maintain the poverty right now, get the mom and that, they have been the biggest bene- status quo, and I urge my colleagues to dad to marry each other. ficiaries of generous tax cuts. support this long-overdue wage in- Now, that wasn’t in the first 100-hour I urge all my colleagues to support crease, not because it is the easy thing agenda. I understand. We are rolling this legislation. to do but because it is the right thing out the moldy, oldie golden hits of b 1200 to do. Democrat thought. But let’s get into Mr. MCCRERY. Mr. Speaker, at this Mr. MCCRERY. Mr. Speaker, I yield poverty and let’s have some real hear- time I would yield 2 minutes to a dis- 21⁄2 minutes to the gentleman from ings. tinguished member of the Ways and Georgia (Mr. KINGSTON). Mr. GEORGE MILLER of California. Means Committee, the gentleman from Mr. KINGSTON. Mr. Speaker, I Mr. Speaker, I yield myself 30 seconds. thank the gentleman from Louisiana Texas (Mr. SAM JOHNSON). Essentially, the case that the gen- Mr. SAM JOHNSON of Texas. Mr. for yielding. tleman from Georgia makes, it just I find today a lot of questions, a lot Speaker, while I am not sold on the ef- doesn’t reflect the reality on the of unanswered questions, and a lot of fectiveness of a minimum wage in- ground. As those States have increased half decent debate going on. crease, I rise in support of increasing I wonder, first of all, why we didn’t the minimum wage far above the Fed- the number of Americans with health bring this bill through committee. Cer- eral minimum wage, their economies insurance. tainly if it is a good idea, it would have have expanded, job hiring has ex- Too many working Americans have a been something worth debating and panded, business growth has expanded job but aren’t insured because their perhaps some amendments. But under far faster than in those States that employers cannot afford to purchase the new ‘‘open rule’’ Democrat Party, I thought it was in their interest to keep quality health care plans. This is par- understand we can bypass the com- a lower minimum wage. ticularly true of small businesses mittee and not have any hearings or And I also find it interesting that in where it is difficult to pool risk, and amendments. my own State of California the busi- the regulatory environment is over- The next question is, why are so ness organizations support an increase whelmingly complicated. Currently, many people who were opposed to the in minimum wage to $8 an hour and our small businesses are denied the ability Bush tax cut for the lower income economy continues to grow and con- to purchase health coverage with the going from 15 percent to 10 percent tax tinues to add those jobs. So the real- benefits large companies and unions bracket, why are they now so compas- world experience is different than data have enjoyed for decades. sionate to the poor? from 20 years ago. So today, as part of a comprehensive And I have to ask, also, why are you Mr. Speaker, I yield 2 minutes to the motion to recommit, the Republicans stopping at $7 an hour? If it is good for gentleman from Texas (Mr. HINOJOSA), will offer a proposal to address health the economy and good for the workers, a member of the committee. care for many small businesses: asso- as we keep hearing over and over Mr. HINOJOSA. Mr. Speaker, I rise ciation health plans. AHPs would in- again, why do we stop at $7 an hour, in strong support of H.R. 2. crease small businesses’ bargaining this arbitrary number? Nobody can I am proud that 110th Congress has power with health care providers, give make a living at $14,000 a year. Why made giving America’s lowest-paid them much-needed freedom from a not go to $8 an hour, $9 an hour, $10, $20 workers a raise one of its first legisla- costly State-mandated benefit package an hour? Heck, if it is good for the tive actions. It is long overdue. and lower their overhead costs by as economy, let us go to $50 an hour. And Many families work hard but strug- much as 30 percent. if we had a committee hearing, maybe gle with low wages. It is unconscion- By pooling their resources and in- we could have some answers on that. able that in America we have millions creasing their bargaining power, AHPs Question: If it is so good for the econ- of people working full time and year will help small businesses reduce their omy, why does the Congressional Budg- round and still living in poverty. At health insurance coverage costs. As et Office rate it as a $5 to $7 billion un- $5.15 an hour, a full-time minimum you have heard me say before, if it is funded mandate on our small busi- wage worker brings home $10,700 a good enough for Wall Street, it is good nesses, which are the economic engines year, nearly $6,000 below the poverty enough for Main Street. of the economy? How come the Hoover level for a family of three. An average By making health care more afford- Institute estimates that it will actu- Fortune 500 CEO earns more before able, AHPs will expand access to qual- ally get 20 percent of the minimum lunchtime than a minimum wage work- ity health care for people for whom it wage workers out of work because peo- er makes all year. is currently out of reach: uninsured ple will say you are not worth that American families have seen the real working families. That is something much money? Those are questions that income drop by almost $1,300 since 2000, my friends on both sides of the aisle we don’t have answers to. while the costs of gasoline, heating can agree on. Another question that I have is we fuel, and health care have soared. For It is no wonder my AHP bill has had keep hearing that the minimum wage families living on minimum wage, this unwavering bipartisan support in the hasn’t been increased in 9 years, when, means a greater struggle to put food on House for nearly a decade now. I look in fact, since 1997, 29 States have in- the table and pay the rent. Minimum forward to working with my colleagues creased their minimum wages. We do wage families struggle with the cost of to make AHPs law this year. Small not hear about that because I guess we daycare and health care. They struggle businesses need help now. Vote ‘‘yes’’ are against States’ rights in any form to provide a sound education for their on the motion to recommit. around here. That seems to be a taboo children, and for many college is a Mr. GEORGE MILLER of California. kind of thing. dream beyond their reach. Today, we Mr. Speaker, I yield 13⁄4 minutes to the

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE H274 CONGRESSIONAL RECORD — HOUSE January 10, 2007 gentleman from Oregon (Mr. WU), a crease inflation. In fact, in the four years after care through small business health member of the committee. the last minimum wage increase passed, the plans, an important priority that has (Mr. WU asked and was given permis- economy experienced its strongest growth in long enjoyed broad, bipartisan support. sion to revise and extend his remarks.) over three decades. Yet a minimum wage in- Mr. Speaker, my colleagues on the Mr. WU. Mr. Speaker, I have a state- crease does raise the wages of low-income other side of the aisle, particularly the ment which I will submit for the workers in general, even those who earn more newly elected Members of the new ma- RECORD, but I want to speak for a mo- than the minimum wage, the ‘‘lifting all boats’’ jority, should be asking themselves a ment from my personal experience. effect of an increase in the minimum wage. It question this morning: Why is their I have owned a business. I have met moves working families out of poverty. Democratic leadership forcing them to a payroll. But I have also worked for Unfortunately, the Republicans leadership vote against a commonsense, bipar- relatively low wages. I have worked in has resisted all efforts to increase the min- tisan approach that the Democratic decommissioned ships that were both imum wage. leader in the other body has already extremely hot in the hold and also The Fair Minimum Wage Act, of which I am embraced? In addition to being a filled with asbestos. I have worked in a proud to be an original cosponsor, will raise missed opportunity to address the real dog food factory. But my real min- the minimum wage to $7.25 over a 2-year pe- needs of small business, this is just bad imum wage job was as an assistant riod. politics by this untested majority. dishwasher in a Chinese restaurant It is time to raise the minimum wage. No Mr. Speaker, this could have been a owned by friends of my parents. I saw one should work full time jobs, or even work much better bill if Democrats had ful- how hard those full-time workers multiple jobs, and still live in poverty. filled their promises to go through the worked. Mr. MCCRERY. Mr. Speaker, just in regular committee process. If the new I was an assistant dishwasher, and I response to the gentleman from Or- majority had allowed the Ways and saw how the full-time dishwasher got egon, no one here is suggesting that Means Committee an opportunity to his fingers burned, how the cooks got government does not have a legitimate fully debate the issue, I am confident their hands cut. And they worked for role to play in protecting workers’ we could have put together a balanced minimum wage just like me, but I was rights. That is not the point of the al- and bipartisan package and met the a teenager. And I came home to my ternative that we are trying to offer needs of workers in small businesses. parents’ home. I said to my parents, here today. I voted for the minimum wage in- Those people work awfully hard, and Our point is that the businesses that crease some 5 months ago when 158 of they deserve more. We ought to have a will be most directly impacted by the my Democratic colleagues voted union. I never got to go back to work increased mandated burden of costs against it. They missed an opportunity at my parents’ friends’ restaurant. need to be helped so that we minimize then. They are missing one now. I urge There are times when there is un- the job loss that we know will come as support of the Republican alternative. equal bargaining power, when there are a result of that. Mr. GEORGE MILLER of California. market failures, and there is a very le- So I agree with the gentleman: There Mr. Speaker, I yield myself 15 seconds. gitimate role for the public sector and is a legitimate role, and we are not ar- Mr. Speaker, I noticed in the Con- for joint action. guing that. In fact, our alternative gressional Daily that the Republican I ask my friends on the other side of does increase the minimum wage and ranking member on this committee the aisle whether they would roll back gives help to those businesses that will says he does not expect the health care the 40-hour work week. I ask my most directly be impacted. package to be part of minimum wage. friends if they would roll back worker I don’t have time to yield, but I will So, once again, we have a mismatch safety provisions and roll back child talk to the gentleman off the floor. here of hijacking this bill to improve labor laws. Your time has passed a cen- Mr. Speaker, I yield 2 minutes to the minimum wage for the lowest-wage tury ago. It is long due to pass an in- gentleman from New York (Mr. REY- working people. crease in the minimum wage. NOLDS), another distinguished member Mr. Speaker, I yield 1 minute to the I rise in strong support of raising the min- of the Ways and Means Committee. gentlewoman from Ohio (Ms. SUTTON). imum wage. (Mr. REYNOLDS asked and was (Ms. SUTTON asked and was given We tend to assume that employment is the given permission to revise and extend permission to revise and extend her re- solution to poverty. And in the past we have his remarks.) marks.) enacted legislation that reflects our commit- Mr. REYNOLDS. Mr. Speaker, I Ms. SUTTON. Mr. Speaker, I thank ment to training and placing individuals into thank the gentleman for yielding me 2 the kind gentleman from California for jobs. While I strongly support efforts to in- minutes. yielding me this time. crease employment, a job is not the complete Today’s debate is really about missed Mr. Speaker, I rise in strong support answer to poverty. Far too many families who opportunities. We all know that small of raising the minimum wage to help work full time still live below the poverty line. businesses are the engines of our Na- our working families. In November, In fact, since the late 1970s, the number of tion’s economic growth and that they many Americans cast their votes for full-time workers who live in poverty has dou- provide the vast majority of jobs in so change because they were tired of the bled. many of our local communities across economic injustices working families The reason for this is our low minimum the country. have suffered over the last decade. wage. In 1996, after a 5-year freeze, Con- But today, the new Democratic ma- Those who went to the polls want ac- gress enacted legislation to raise the minimum jority misses an opportunity, an oppor- tion on a clean bill from a Congress wage from $4.25 an hour to $5.15 an hour— tunity not only to raise the minimum that has failed to raise the Federal still well below the value of the minimum wage wage but to provide urgently needed minimum wage for nearly 10 years. at its in peak in 1968 at $8.49 in 2005 dollars. help to those small businesses and to Voters in Ohio and five other States Now, 10 years have passed without an in- address health care needs of their em- who believed in our democracy passed crease in the minimum wage. Meanwhile, the ployees. minimum wage increases. This is not number of Americans who live in poverty has Mr. Speaker, our Republican alter- only about increasing wages, it is increased by 5.4 million during the Bush ad- native, the Working Families Wage and about changing the way we treat our ministration. Access to Health Care Act, addresses working men and women. And it is Today, a minimum wage worker working full these needs. In addition to providing an about traditional American values of time earns only half the poverty level for a increase to minimum wage, our ap- fairness and opportunity. It is about family of four. A single parent working full time proach would be: extending small busi- paying rent, putting food on the table at the current minimum wage cannot support ness expensing through 2010; it would and paying for our children to go to one child above the poverty threshold. shorten the depreciation period for new college. More than one-quarter, 26 percent, of the restaurant construction through 2007; Mr. Speaker, the voters have given us 13 million workers who would benefit from a and it would end an unnecessary surtax a mandate. This is part of America’s minimum wage increase are parents. Sixty that is an extra burden on low-income agenda. Today we act mindful of that percent of these workers are women. workers. mandate to help working families History has shown that a minimum wage in- Our approach also would be to expand across this Nation by raising the min- crease does not decrease employment or in- workers’ access to affordable health imum wage.

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE January 10, 2007 CONGRESSIONAL RECORD — HOUSE H275 Mr. MCCRERY. Mr. Speaker, I yield leisure and hospitality industries—are in de- sibly suggests that each state should be al- the balance of my time to the gen- cline. These jobs will be further threatened lowed to set a lower minimum. tleman from New York (Mr. REY- by the prospect of a federal minimum wage It should be the same everywhere: $0. hike, warns the Employment Policies Insti- Labor is a commodity; governments make NOLDS), and I ask unanimous consent tute (EPI). messes when they decree commodities’ that he be allowed to control that Decades of economic research prove that prices. Washington, which has its hands full time. raising the minimum wage reduces job op- delivering the mail and defending the shores, The SPEAKER pro tempore. Is there portunities, particularly for people with few should let the market do well what Wash- objection to the request of the gen- skills. When faced with the increase in labor ington does poorly. But that is a good idea tleman from Louisiana? costs that attend minimum wage hikes, em- whose time will never come again. There was no objection. ployers often respond by hiring more skilled Mr. GEORGE MILLER of California. applicants, automating jobs, or cutting back Mr. REYNOLDS. Mr. Speaker, I now Mr. Speaker, I yield 1 minute to the call upon the distinguished gentleman on customer service. Contrary to the opinion of proponents of gentleman from Arizona (Mr. from Texas, Mr. Pete Sessions, for 2 minimum wage hikes, a rising tide doesn’t GRIJALVA), a member of the com- minutes. necessarily lift all boats, and an extremely mittee. (Mr. SESSIONS asked and was given healthy skilled job market often masks an Mr. GRIJALVA. Mr. Speaker, I rise permission to revise and extend his re- ailing low-skilled job market. in support of H.R. 2 to give the Amer- marks.) ‘‘The unintended consequences of a min- ican people who have to work the hard- imum wage hike will disproportionately af- Mr. SESSIONS. Mr. Speaker, I in- est for the very least a long overdue clude for the RECORD a press release by fect low-skilled jobs while skilled labor may continue to flourish,’’ said Jill Jenkins, raise and increase the minimum wage. the Employment Policies Institute and The current minimum wage has ef- an op-ed by George Will that was in the EPI’s chief economist. ‘‘In other words, if two computer programmer jobs are created fectively knocked off the lowest rungs Dallas Morning News on this issue. and one less grocery store checker is hired, of the economic ladder of this country Mr. Speaker, I rise today opposed to the net job creation is positive, but you’re and kept millions of our Nation’s work- this bill, this bill that did not go still seeing a decline in entry-level job op- ing families in a paycheck-to-paycheck through regular order nor through the portunities.’’ life of insecurity and struggle. Rules Committee, not even to be a se- A study by economists at the Federal Re- Today’s economy is keeping millions cret vote in the Rules Committee. And serve found that every 10% increase in the of our fellow Americans from owning I argue against this bill for the reasons minimum wage leads to a 2%-3% decrease in homes, achieving stability and pros- we have not had a chance to vet the employment overall. When you focus on the job loss suffered by low-skilled individuals perity. Low wages are slowly suffo- bill, to tell the truth that there will be such as high school drop-outs or minority cating the American Dream. Today we over 1.6 million people that will lose teens, the increase in unemployment is as take a deep breath. their job directly related to this action high as 8.5% for every 10% increase in the The day has finally come when Con- by Washington, D.C., The Federalist minimum wage, according to research from gress has a chance to reward work and Society, the Democratic Party in Cornell and the University of Connecticut. support families by putting a fair value Washington, D.C., who will control not ‘‘Instead of pushing for a minimum wage on the work of our people. Today we only their jobs but take away from increase, lawmakers could affect real change can say clearly that family values small businesses the opportunity to be by promoting expansion of the Earned In- come Tax Credit (EITC),’’ added Jenkins. should not be code for spiteful and divi- competitive in a competitive world. ‘‘The EITC effectively targets benefits to sive politics but a real policy of val- Mr. Speaker, we are going to cause families in need without jeopardizing jobs.’’ uing families and the work of mothers these 1.6 million people to lose their and fathers. jobs as a result of their inability to be GEORGE WILL: HERE’SABETTER PROPOSAL Today is a historic day. I am proud able to compete in marketplaces and to FOR THE MINIMUM WAGE to join with my colleagues in support raise their own wages. A federal minimum wage is an idea whose Mr. Speaker, I will tell you that time came in 1938, when public confidence in of H.R. 2 in raising the minimum wage these 1.6 million jobs were important markets was at a nadir and the federal gov- for American workers. to families and people. It may not be ernment’s confidence in itself was at an apo- Mr. REYNOLDS. Mr. Speaker, I yield 1 much of a job. It may be in a small gee. Today, raising the federal minimum 1 ⁄2 minutes to the gentleman from wage is a bad idea whose time has come for Georgia (Mr. GINGREY). rural community, but they were jobs two reasons: that were important to those people. Mr. GINGREY. Mr. Speaker, the min- The first is that some Democrats have a imum wage has not increased in 9 They are jobs, even if not high-paying chronic and evidently incurable disease— jobs, that would provide them the op- New Deal Nostalgia. Second, the president years. Yet over the past decade, we portunity to get up and find self-worth has endorsed raising the hourly minimum have experienced vast economic and go and do their very best, perhaps from $5.15 to $7.25 by the spring of 2009. growth, record low unemployment and, not just with limited resources but Democrats consider the minimum wage in- in the last 3 years, the creation of 7 with the very best that community crease a signature issue. Yet consider these million new jobs. Without a doubt, at statistics: 4.5 percent, our unemployment rate is may offer. Most of the working poor earn more than These are the types of stories that so low that some employers seek out il- the minimum wage, and most of the 0.6 per- legal foreign workers to fill the jobs would be told if we had followed reg- cent (479,000 in 2005) of America’s wage work- ular order, if the committees had been ers earning the minimum are not poor. that they say a lot of Americans won’t able to vet this, if we had known more Only one in five workers earning the fed- take. about the ability to hear experts tes- eral minimum lives in a family with a house- If we raise the minimum wage, busi- tify about what is actually going to hold earning below the poverty line. nesses will have to find a way to offset happen. Sixty percent work part-time, and their added labor costs by one of two things, We hear the words about food on the average household income is well over raising prices on goods and services or $40,000. (The average and median household table. We hear about having people laying off workers. This is simple eco- incomes are $63,344 and $46,326 respectively.) nomics that many of my colleagues on earn more money. That is great. But The federal minimum wage has not been 1.6 million jobs will be lost from our raised since 1997, so 29 states with 70 percent the other side of the aisle cannot seem economy as a result of what the Demo- of the nation’s workforce have raised their to accept or understand. When prices crat Party does. I say, shame on us. I own minimum wages. The problem is that go up, demands go down. In other will oppose this. I will be for the Re- demand for almost everything is elastic: words, as the minimum wage grows, so publican alternative that encourages When the price of something goes up, de- does the unemployment rate. better jobs. mand for it goes down. Furthermore, Mr. Speaker, unlike But suppose those scholars are correct who EMPLOYMENT POLICIES INSTITUTE: MINIMUM the debate in the Senate, H.R. 2 comes say that when the minimum wage increased to the floor with no committee hear- WAGE HIKE THREATENS HEALTHY U.S. ECON- slowly, the impact on employment is neg- OMY ligible. ings, no committee votes, no opportu- WASHINGTON, DC.—Despite the flourishing Still, because of large differences among nities for amendment. While our col- U.S. economy and record low unemployment states’ costs of living and the nature of their leagues in the other body work on a level, low-skilled jobs—such as the retail and economies, Sen. Jim DeMint, R–S.C., sen- compromise with President Bush,

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE H276 CONGRESSIONAL RECORD — HOUSE January 10, 2007 Members of the House of Representa- which are the backbone of our robust traveling throughout our State visiting tives are shut out of any constructive economy. I am also disappointed that with our small business owners and debate. my Republican colleagues and I will their employees, and they are truly the As a former member of the Rules not have an opportunity to strengthen economic engine of many of our com- Committee, I am extremely dis- this bill by including provisions to help munities in our State. appointed in the majority’s failure to reduce any potential unintended con- In our State, 97 percent of Okla- live up to its promises and allow an sequences that raising the minimum homa’s businesses have 100 or fewer open and fair process on such a crucial wage may have on our employers. For employees and are small businesses, issue. that reason, I intend to support the Re- and employers in our State employ over 600,000 workers that are small b 1215 publican motion to recommit so that we can put more money in the pockets business workers, which means that 50 For the benefit of the workforce, I of hardworking Americans while pro- percent of our jobs are related to small ask my colleagues, vote against the tecting our small businesses. business. minimum wage increase. Protect our Mr. REYNOLDS. Mr. Speaker, I yield Mr. Speaker, my concern is that a 41 small businesses. Let’s sustain this back the balance of my time to the percent increase in the minimum wage economic growth. gentleman from California (Mr. places a real burden on our small busi- Mr. GEORGE MILLER of California. MCKEON). nesses. It is a burden that could mean Mr. Speaker, I yield 1 minute to the The SPEAKER pro tempore. Without layoffs. It is a burden that could mean gentleman from Tennessee (Mr. objection, the gentleman from Cali- bankruptcy for others. COHEN). fornia will control the time. The Federal Government cannot Mr. COHEN. Mr. Speaker, on Novem- There was no objection. force small businesses to shoulder that ber 7, the voice of the American people Mr. GEORGE MILLER of California. burden alone. If the government is to 1 raise our current minimum wage, it rang out clearly across this land: Our Mr. Speaker, I yield 1 ⁄2 minutes to the country is out of balance. The few have gentleman from New Jersey (Mr. must pursue a balanced plan that will prospered while many have languished. PAYNE), a member of the committee. provide serious tax relief and regu- America has become a land of the Mr. PAYNE. Mr. Speaker, I stand in latory relief to those who will be hit haves and the have-nots. The disparity strong support of the passage of H.R. 2, hardest by a minimum wage increase. of wealth among the richest and poor- the Fair Minimum Wage Act of 2007, A plan without balance will not lift est in this country is the greatest it which would help nearly 13 million up the American workers. It will actu- has been in nearly 100 years. We have American workers and their families ally drag down small business. The laws which provide every sort of tax by increasing the Federal minimum Congressional Budget Office has esti- break for those who are thriving, while wage by $2.10 an hour. Let me thank mated that increasing the minimum wage to $7.25 an hour will cost small the people who are struggling daily to the chairman, GEORGE MILLER, for businesses somewhere between $5 bil- put food on the table and pay their bringing this very important legisla- lion to $7 billion nationwide. And when utility bills have not seen a raise in the tion to the floor. minimum wage in nearly 10 years. The intent of the bill is to raise the small businesses fail, minimum wage Seven dollars and twenty-five cents. minimum wage from $5.15 to $7.25 an earners will suffer. The Hoover Insti- tute estimates that fully 1.5 million Seven dollars and twenty-five cents. hour, but let me just say this: When I small business workers nationwide Many haves in this country spend that hear naysayers say that this will elimi- may lose their jobs if an unbalanced much each day on their Starbucks with nate jobs, back in 1994, when New Jer- a dollop or a twist. Those of us who minimum wage hike is passed. sey had the highest minimum wage in So it is clear to me that a minimum don’t struggle to make ends meet, this the country, we compared the job wage increase plan without a plan to is truly the time to walk in our broth- growth of low-income jobs in New Jer- offset the burden placed upon small er’s and our sister’s shoes, shoes that sey to those in Pennsylvania. Not only business will be harmful to our econ- need soling, not polishing. was there no negative impact on low- omy, and this Congress must not sabo- This is not just an economic issue, it income jobs in New Jersey, but actu- tage the machine which powers our is a moral issue. Prosperity is not the ally during that period of time, in the economy and gives life to so many of property of the few, it should also be middle nineties, the minimum wage our communities, which is small busi- available to the least of us. jobs in New Jersey grew at a higher ness. We must help our Nation’s work- As I left the Memphis airport, a hard- rate than they did in Pennsylvania, ers in a responsible fashion and avoid a working man for Northwest Airlines which proved that the increase in the plan which I believe is well-intentioned said to me, Congressman, will you pass minimum wage did not run jobs out of but could be devastating to employers the minimum wage? To him and many the area. That was done by the Amer- and employees alike. others, the thousands in District Nine, ican Economic Review. It is for this reason that I strongly I say, yes, we will do that. Just recently, a survey was taken encourage my colleagues to reject any- This is an opportunity for us to help that showed that 83 percent of Ameri- thing short of a balanced plan to raise people who need help. And I say to my cans support an increase of $2 or more the minimum wage unless one has a fellow so-called ‘‘do-gooders’’ of the in the minimum wage, and a survey plan that offsets the burden placed world, let us make America more fair, this week from the Associated Press upon small business and has serious more humane and more just. found that 80 percent of Americans and appropriate tax and regulatory re- Mr. REYNOLDS. Mr. Speaker, I yield support an increase in the rate. So lief. 1 minute to the gentleman from Flor- there has been consistent support from Mr. GEORGE MILLER of California. ida (Mr. BILIRAKIS), for his first floor the public in the United States of Mr. Speaker, I yield 1 minute to the speech as a new Member of the House America. That is why we going in a gentleman from North Carolina (Mr. of Representatives. new direction. SHULER). Mr. BILIRAKIS. Mr. Speaker, I Mr. MCKEON. Mr. Speaker, I am Mr. SHULER. Mr. Speaker, I thank thank the gentleman for yielding. happy to yield 3 minutes to the the gentleman from California. I rise today in support of House Reso- gentlelady from Oklahoma (Ms. Mr. Speaker, it has been 10 long lution 2, the Fair Minimum Wage Act, FALLIN), a new Member of this Con- years since Congress has raised the to increase our Nation’s minimum gress, for her maiden speech on the minimum wage. This is the longest pe- wage. It has been nearly a decade since House floor. riod between raises in the minimum this standard has been updated. I am Ms. FALLIN. Mr. Speaker, it is a wage since it was enacted in 1938. The pleased that we are here today to give great pleasure to be here today. American people have spoken very many hardworking men and women a Mr. Speaker, over the past 12 years, I clearly. It is time to raise the wages of much-needed raise. have had the opportunity to serve as our lowest-paid workers. I am concerned, however, that the Oklahoma’s Lieutenant Governor and, Our families have been squeezed: an bill in its current form may adversely more importantly, Oklahoma’s official increase at the gas pump, an increase impact our Nation’s small businesses, small business advocate. I spent years at the grocery store, an increase in

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE January 10, 2007 CONGRESSIONAL RECORD — HOUSE H277 health care and an increase in up my gas tank. We are very privileged b 1230 childcare. It is time that we give back. here to make a very nice salary. Yet Mr. GEORGE MILLER of California. As a part of Congress, we should be an we are denying those that need our Mr. Speaker, I yield 1 minute to the example. We shouldn’t always be fol- help the most to give them some sort gentlewoman from California (Ms. lowing our States, as my great State of of life. $7.25. Who the heck can live on LEE), a long-time battler for economic North Carolina has increased the min- that, even if you work 60 hours a week? and social justice. imum wage. We should be leading by And, by the way, these people that are Ms. LEE. Mr. Speaker, I want to example. working these jobs on minimum wage thank the gentleman for his bold and That is why it gives me great privi- usually have two jobs, sometimes consistent leadership to raise the min- lege to support this bill. It is our moral three. imum wage. This is an important eth- commitment to the families of this It is time that we do this. It is the ical and moral issue that speaks di- country, and that is why I strongly moral and right thing. rectly to our values as Americans. It is support this measure. Mr. MCKEON. Mr. Speaker, I would a shame and disgrace that in the Mr. MCKEON. Mr. Speaker, I am be happy to yield 2 minutes to the gen- wealthiest and most powerful country happy to yield 2 minutes to the gen- tleman from North Carolina (Mr. in the world, 37 million people live in tleman from South Carolina (Mr. WIL- MCHENRY). poverty. Raising the minimum wage is SON), a member of the committee. Mr. MCHENRY. Mr. Speaker, I thank one major step to reduce poverty, and Mr. WILSON of South Carolina. Mr. my colleague from California for yield- we must do this. Speaker, I thank the gentleman. ing this time. As a former small business owner, I Mr. Speaker, I rise today in opposi- Mr. Speaker, I think there is a crit- can tell you that small businesses are tion to H.R. 2 and in favor of the alter- ical point that is being overlooked in more profitable when workers are native. Circumventing market forces this debate on the minimum wage. We treated fairly. Thirteen million Ameri- to mandate an arbitrary Federal min- need to talk about the people that this cans, many of whom are women and imum wage increase is bad economic minimum wage increase will be a bar- people of color, will benefit from this policy. If it is done, however, we must rier to their employment, for example, increase. offer protection for America’s small the physically, emotionally and men- Let us live up to our moral responsi- businesses. Refusing to do so will ulti- tally handicapped in this country. bility and help the least of these who mately hurt the very workers it in- I have in my district, in Cleveland struggle each and every day just to tends to help. County, Cleveland Vocational Indus- make ends meet. They deserve this in- We all want employees to make more tries, a community-based organization. crease, and they have earned it. Let us than the minimum wage; and, through What they do is they train workers do the right thing and pass H.R. 2 in tax cuts, 7.3 million jobs have been cre- with disabilities to fulfill certain as- the memory of Dr. Martin Luther King, ated in the past 40 months by workers sembly line packing and labeling Jr., whose birthday we celebrate on keeping their own money. projects, what some of us would call Monday, who died, who gave his life When the minimum wage is in- menial labor or very simple tasks. But seeking justice for sanitation workers. creased, unfunded mandated costs on it is a very positive thing. It is a great Mr. MCKEON. Mr. Speaker, I am small businesses increase. As a result, way to train and employ people that happy now to yield 2 minutes to our business owners must be forced to cut otherwise cannot be trained and em- new colleague, my neighbor from Cali- jobs or reduce entry level workers to ployed. fornia (Mr. MCCARTHY). avoid incurring additional expenses. What is going to happen is these are Mr. MCCARTHY of California. I Republicans are seeking to provide about 8 percent of the total minimum thank the gentleman from California relief for these businesses by offering wage earners in this country, those for yielding. alternative health care plans and tax with disabilities. What that is going to Mr. Speaker, I believe Congress is a incentives. Unfortunately, House do is harm them in their ability to get marketplace of ideas, and at the end of Democratic leadership has shunned the contracts with businesses. the day, the best ideas should win. Un- proposal supported by Senate majority This is a very nice idea, to raise peo- fortunately, with the process today, leader HARRY REID, President Bush and ple’s wages, but the impact it is going that will not happen. House Republicans. to have among the least among us will Allowing a vote on an alternative I urge my colleagues on both sides of be that they will simply not have a job. minimum wage approach is in Amer- the aisle to support the Republican al- I think that is being lost in this de- ica’s best interest. Republicans offer a ternative, which will ensure businesses bate, and I think that is what we need balanced approach to increase the min- receive the protections they need and to be concerned about. imum wage and provide offset tax re- our economy continues to thrive. Let’s talk about the facts about the lief for small businesses to take on the In conclusion, God bless our troops. minimum wage. That is what is lost increased labor cost for the minimum We will never forget September 11. here. This is high-minded rhetoric. wage hike. Mr. GEORGE MILLER of California. What the Democrat majority wants to The unbalanced approach of the Mr. Speaker, I yield 1 minute to the do, Mr. Speaker, is use other people’s Democratic bill, H.R. 2, to solely in- gentlewoman from New York (Mrs. money to pay other people. Well, that crease the minimum wage is irrespon- MCCARTHY), a member of the com- is a very nice thing to do, a nice offer, sible. Never mind that the basic eco- mittee. a very nice thing, to write a check for nomic statement setting an artificial Mrs. MCCARTHY of New York. Mr. somebody else. price floor like the minimum wage Speaker, I thank my chairman of edu- All right. Let them pay somebody could actually raise unemployment. cation for bringing this important mat- else. That is a nice obligation that we The Federal Reserve study states ter to the floor. are passing on, this unfunded mandate. that if H.R. 2 is enacted, a million res- Mr. Speaker, I know Congress isn’t Eighty-five percent of minimum taurant workers could lose their jobs. used to having straight, clean bills. We wage earners in this country are teens I can tell you, as a former small busi- can do this. Ten years I have been in or adults who live alone or second ness owner, personally, this is a tough Congress, and 10 years we have been earners; a married couple, one goes and decision. I came to Congress to work to trying to get the minimum wage works part-time. Eighty-five percent of increase opportunities for all Ameri- raised. We talk about small business. them fall in those categories. So they cans, not to harm workers and small There is not one person on the Demo- are talking about making a minimum businesses. I listened to the debate cratic side that doesn’t support small wage on this and providing for a family today, and I listened to the other side, businesses, but we also support those of 10, or whatever. It is just empty as a freshman. If you look at the Re- people that are trying to make a living rhetoric and crazy talk. publican bill, it is a compromise. It is wage. So let’s talk about affecting and a common solution. The minimum By estimates, there are 623,000 single helping people through training and ac- wage will be increased, but what else women raising families trying to make cess to health care and support the Re- will happen? There will be greater a living. I go to the grocery store. I fill publican alternative. healthcare for the workers. There will

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE H278 CONGRESSIONAL RECORD — HOUSE January 10, 2007 be tax relief where you can expense off port released by the U.S. Census Bu- Senator from Texas Ralph Yarbrough when he when you are buying business equip- reau, are opening businesses at a rate said ‘‘Let’s put the jam on the lower shelf for ment. What happens? The workers of that is three times as fast as the na- the people.’’ America are more competitive in a tional average. This increase will provide much needed help global economy for the 21st century. Only one bill, the Working Families to the lowest wage earners of our country. And I ask my colleagues on the other Wage and Access to Health Care Act, Their needs and dreams are not different than side; last week on this floor I listened offers a balanced approach that would anyone else’s. closely to what our Speaker said. provide for a minimum wage increase These wage-earners want to earn a decent Speaker PELOSI said, ‘‘Let’s work in a without threatening the backbone of wage and be able to put dinner on the table spirit of partnership, not partisan- our economy or penalizing small busi- and provide for their families. ship.’’ Well, I will tell you, the Repub- nesses. Our bill increases the minimum It is not too much to ask that we raise the lican bill is just that, it is a partner- wage in exactly the same increments minimum wage after a decade of taking no ac- ship that lets the power of the idea win as the bill before us today but also ex- tion on this important part of the American at the end of the day. pands affordable health care to many economy. Mr. GEORGE MILLER of California. of the working families benefiting from Passing this bill today is a step in the right Mr. Speaker, I yield 11⁄4 minutes to the the increase and includes some impor- direction and I urge my colleagues to vote in gentleman from California (Mr. BACA). tant tax protection alternatives for favor of this resolution and put the jam on the Mr. BACA. Mr. Speaker, I rise in sup- small businesses and their workers. lower shelf. port of H.R. 2 and thank the gentleman The Working Families and Access to Mr. MCKEON. Mr. Speaker, might I from California for being bold enough Health Care Act should be carefully inquire as to the remaining time. to carry this important legislation to considered and, at the very least, de- The SPEAKER pro tempore. The gen- help the American people. serves to be discussed. tleman from California has 33 minutes, I rise today to call for a vote to raise Mr. GEORGE MILLER of California. and the gentleman from northern Cali- the minimum wage. This increase must Mr. Speaker, I yield 1 minute to the fornia has 47 minutes. happen for humanitarian justice. gentleman from Texas (Mr. GENE Mr. MCKEON. Mr. Speaker, I am Americans are suffering. GREEN). happy now to yield to the gentleman Let’s get back to basics. The min- Mr. GENE GREEN of Texas. Mr. from California, a good friend and col- imum wage has not increased. The Speaker, I rise in support of this ex- league, Mr. ROHRABACHER, 4 minutes. minimum wage was passed 10 years tremely important legislation for Mr. ROHRABACHER. Mr. Speaker, I ago, and during the 10 years, people America’s workers. The last 10 years rise in opposition to this proposal to have struggled to put food on the table, we have seen these tired old Repub- increase the minimum wage by $2.10 an gas prices have increased, the cost of lican arguments against increasing the hour over the next 2 years. public transportation has increased, minimum wage while the huge wealth What we are witnessing today, of the cost of clothes has increased, the of the highest paid in our country in- course, is the quintessential example of cost of housing has increased, the cost creases. We have not raised the min- political figures offering something for of buying food has increased, not to imum wage since 1997. When adjusted nothing. We can just bestow upon the mention every other cost of living in for inflation, the minimum wage is the American people $2.10 an hour, and America has increased. lowest it has been in 50 years. That is there is no cost to it. Well, if that is This bill is not about continued greed 10 years of wasted opportunity on this really the case, and there is no down- or about outsourcing, but it is about floor that is being corrected today. side, why are we such pikers? Why are American families and improving their A minimum wage worker full-time we not offering a minimum wage hike quality of life. makes $10,700 a year. That is well of $5 an hour? Or $10? Or maybe even Let’s get back to basics: $5.15 an hour below the poverty level. We need to $20 an hour more? We know that that is is poverty. We need this bill because 40 provide a lift for these hardworking not realistic because there is a down- percent of minimum wage workers are Americans. I agree with the late U.S. side that can be calculated. In fact, by the sole bread winners in their fami- Senator from Texas, Ralph mandating the pay raises that we are lies. Nineteen percent of minimum Yarborough, when he said, ‘‘Let’s put talking about today, economists have wage earners are Hispanic Americans, the jam on the lower shelf for the peo- estimated that about 1.6 million peo- and 15 percent are African Americans. ple.’’ ple, the people at the very bottom rung It is time. It is time to care for work- This increase will provide much of our economic ladder, will be put ing families of America and to give needed help to the lowest wage earners through great hardship. They won’t be them a wage that is just, a wage that in our country. Their needs and dreams hired, or they will be fired because is fair. are no different from anyone else’s. their salary now must be allocated in Mr. MCKEON. Mr. Speaker, I am These wage earners want to earn a de- these small businesses which, of happy now to yield 11⁄2 minutes to the cent wage to be able to put dinner on course, is where most of the employ- gentleman from Puerto Rico (Mr. the table for their families. It is not ment takes place, their salaries will FORTUN˜ O), a member of the committee. too much to ask that we raise the min- now have to be allocated to the other Mr. FORTUN˜ O. I thank the gen- imum wage after a decade of taking no employees. Yes, there is a cost to pay tleman from California. action on this important part of the when you mandate someone in their Mr. Speaker, I stand here today in American economy. operation gets paid more money, and strong support of a Federal minimum Passing this bill today is the right the burden will be borne by the very wage increase that is applicable under step, and I urge my colleagues to sup- lowest level of employees. That is what the same terms and conditions to all 50 port it. this proposal is all about. States and Puerto Rico. I support a I rise today to support his extremely impor- Now, there is a way to actually help Federal minimum wage increase be- tant legislation for America’s workers. The last people have higher salaries. I happen to cause it would strengthen the economy ten years we have seen these tired old Re- believe in high wages. I am not a pro- as well as provide long overdue benefits publican arguments against increasing the management guy. I believe in higher to our working, middle-class families minimum wage while the huge wealth in- wages for the American people, and who are the backbone of our Nation’s creases of the highest paid in our country. there is a way that we can achieve economy. We have not raised the minimum wage higher wages for the American people, However, I am concerned that the since 1997. When adjusted for inflation, the especially those at the lowest income. bill under consideration, while seeking minimum wage is the lowest it’s been in 50 But those who are advocating that we a long-awaited increase in the Federal years. That’s 10 years of wasted opportunity. raise the minimum wage wouldn’t minimum wage, does nothing to offset A minimum wage earner working full-time think about advocating this solution. the impact on small businesses and makes only $10,700 a year. This is well below And that solution is very easy for the their workers. This is particularly im- the poverty threshold for a family of three. American people to understand: We portant for Hispanics in the United We need to provide a lift for these hard have an out-of-control flow of illegal States who, according to a recent re- working Americans. I agree with our late U.S. immigrants into our country. If we

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE January 10, 2007 CONGRESSIONAL RECORD — HOUSE H279 would commit ourselves to solving that I thank the gentleman for yielding. Mr. additional $4,400 a year to meet critical needs problem, to get control of this massive Speaker, I rise in strong support of H.R. 2, the such as rent, health care, food and child care. flow of illegals into our country, we ‘‘Fair Minimum Wage Act.’’ With the adoption The increase in the minimum wage before us would have more than a doubling of of this bill, the House of Representatives will today will not allow workers to live as large as this minimum wage. We would have take the first step in making good on its com- the typical CEO, who now earns 821 times wage earners all up and down the scale, mitment to working-class Americans that one more than a minimum wage worker, but at even at the very bottom of the scale, of the first concerns of the Congress is the least it will allow these low-wage workers to help. well-being of ordinary Americans who work make a little better life for themselves and But, no. Why aren’t we doing this? hard, play by the rules, and are struggling to their families. Because, yes, there is a price to pay for get by through no fault of their own. We A minimum wage increase would raise the that as well. Getting control of illegal Democrats promised to chart a new direction wages of millions of workers across America: immigration, making sure that our em- for America if the voters entrusted us with the An estimated 6.6 million workers (5.8 per- ployers are not hiring illegals, who majority. They did and with our votes today in cent of the workforce) would receive an in- would pay that price? People who come support of H.R. 2, we are making good on our crease in their hourly wage rate if the min- to this country illegally would pay promise. imum wage were raised from $5.15 to $7.25 that price. Their lives would be harder. Mr. Speaker, before I discuss the impor- by June 2007. It would be tougher on them. But we tance of this bill in detail, I wish to commend Due to ‘‘spillover effects,’’ the 8.2 million are supposed to be representing the in- Chairman MILLER, Speaker PELOSI, Majority workers (6.5 percent of the workforce) earning terests of the American people. Yes, we Leader HOYER, Majority Whip CLYBURN, and up to a dollar above the minimum would also sympathize with people who come here the rest of the Democratic leadership, as well be likely to benefit from an increase. illegally. We sympathize with those as my colleagues in the Congressional Black Raising the minimum wage will benefit work- people overseas, but if we raise the Caucus, which was led so ably last Congress ing families: minimum wage this way, there will be by Congressman WATT and is now led Con- The earnings of minimum wage workers are more illegals who will come to this gresswoman KILPATRICK. Because of their re- crucial to their families’ well-being. Evidence country to get that higher minimum solve and visionary leadership, more than 13 from the 1996–97 minimum wage increase wage, and our own people at the bot- million workers will soon receive a long over- shows that the average minimum wage worker tom rung of the economic ladder will due raise. What difference an election makes! brings home more than half (54 percent) of his be put out of a job. AMERICANS DESERVE A RAISE or her family’s weekly earnings. Let’s watch out for the interests of H.R. 2 helps the most deserving American An estimated 760,000 single mothers with the American people. Let’s commit families by raising the minimum wage from children under 18 would benefit from a min- ourselves to getting control of the mas- $5.15 to $7.25 over three years. Mr. Speaker, imum wage increase to $7.25 by June 2007. sive flow of illegals into our country, Single mothers would benefit disproportion- did you know that the value of the current min- and then we can raise the wages of ev- ately from an increase—single mothers are imum wage represents a 51-year low? To- eryone. Let’s not offer people stunts 10.4 percent of workers affected by an in- day’s minimum wage of $5.15 today is the and schemes like this of the minimum crease, but they make up only 5.3 percent of equivalent of only $4.23 in 1995, which is wage, of offering them something for the overall workforce. Approximately 1.8 mil- even lower than the $4.25 minimum wage nothing. Let’s really help them out. lion parents with children under 18 would ben- level before the 1996–97 increase. It is scan- Mr. GEORGE MILLER of California. efit. Mr. Speaker, I yield 1 minute to the dalous, Mr. Speaker, that a person can work Contrary to popular myths and urban leg- full-time, 40 hours per week, for 52 weeks, gentlewoman from Texas (Ms. JACK- ends, adults make up the largest share of earning the minimum wage and would gross SON-LEE). workers who would benefit from a minimum (Ms. JACKSON-LEE of Texas asked just $10,700, which is $5,888 below the wage increase: and was given permission to revise and $16,000 needed to lift a family of three out of Eighty percent of workers whose wages extend her remarks.) poverty. In 2005, the average CEO was paid would be raised by a minimum wage increase Ms. JACKSON-LEE of Texas. I thank 821 times the amount earned yearly by a min- to $7.25 by June 2007 are adults (age 20 or the distinguished chairman of the Edu- imum wage worker. older). cation and Labor Committee and thank Mr. Speaker, since 2000 the cost of college More than half (54 percent) of workers who him for his leadership. tuition has risen 57 percent, which is only would benefit from a minimum wage increase Mr. Speaker, there is a biblical story slightly less than the increase in the cost of work full time and another third (34.5 percent) about the children of Israel in the gasoline. Health insurance premiums have work between 20 and 34 hours per week. desert seeking the promised land for 40 skyrocketed by 73 percent and inflation is up Minimum wage increases benefit disadvan- years. I would like to tell my good 13.4 percent. But during that time, the min- taged workers and women are the largest friend that there are American workers imum wage has not increased one cent. That group of beneficiaries from a minimum wage who are deserving and in need of an in- is unconscionable and downright un-American. increase: 60.6 percent of workers who would crease in the minimum wage, and we Happily, the Fair Minimum Wage Act, H.R. 2, benefit from an increase to $7.25 by 2007 are know that for 51 years we have had the will change this sorry state of affairs. women. lowest valued minimum wage in Amer- Mr. Speaker, today more than ever Amer- An estimated 7.3 percent of working women ica. It is clear that the minimum wage ica’s hard-working families are feeling would benefit directly from that increase in the increase would help reverse the trend squeezed, living paycheck to paycheck. I can minimum wage. of declining real wages for low-wage tell you Mr. Speaker that record prices at the A disproportionate share of minorities would workers, American workers, and that, pump, skyrocketing health care costs and the benefit from a minimum wage Increase: between 1979 and 1989, the minimum rising cost of college in the face of falling or African Americans represent 11.1 percent of wage lost 31 percent of its real value, flat wages, are squeezing hard-working Tex- the total workforce, but are 15.3 percent of American workers. ans in my Houston-based Congressional Dis- workers affected by an increase. What about the waitress who stopped trict as they struggle to make ends meet. Similarly, 13.4 percent of the total workforce me in a restaurant and said, When are That is why I support increasing the min- is Hispanic, but Hispanics are 19.7 percent of you going to raise the minimum wage? imum wage. For Texas workers the basic cost workers affected by an increase. A woman raising children who, with of living is rising; it is only fair that the pay for The benefits of the increase disproportion- the minimum wage, will be able to hard-working Texans does too. Nearly ately help those working households at the have an opportunity to get a car loan 890,000 hard-working Texans would directly bottom of the income scale: to get a car to get her children to benefit from raising the federal minimum wage Although households in the bottom 20 per- school or to the doctor or to be able to to $7.25 an hour, and 1,774,000 more Texans cent received only 5.1 percent of national in- do the things that we in America enjoy would likely benefit from the raise. come, 38.1 percent of the benefits of a min- doing, being with our family, providing Raising the minimum wage is vital for Texas imum wage increase to $7.25 would go to them an opportunity? families. At $5.15 an hour, a full-time minimum these workers. This is a moral issue. I ask my col- wage worker in Texas brings home $10,712 a The majority of the benefits (58.5 percent) leagues to support the increase in the year—nearly $6,000 below the poverty level of an increase would go to families with work- minimum wage for Americans across for a family of three. An increase of $2.10 an ing, prime-aged adults in the bottom 40 per- America. hour would give these families a much needed cent of the income distribution.

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00025 Fmt 7634 Sfmt 9920 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE H280 CONGRESSIONAL RECORD — HOUSE January 10, 2007 Among families with children and a low- port of the minimum wage increase signed by to bind together through trade associa- wage worker affected by a minimum wage in- 665 economists, including 5 Nobel Laureates. tions to create the economies of scales crease to $7.25, the affected worker contrib- According to these eminent economists, ‘‘a necessary to reduce the cost of health utes, on average, half of the family’s earnings. modest increase in the minimum wage would care. This is essential. It makes certain Thirty-six percent of such workers actually improve the well-being of low-wage workers that we should act to offer affordable contribute 100 percent of their family’s earn- and would not have the adverse effects that health care coverage for workers at the ings. critics have claimed.’’ same time we are increasing the min- A minimum wage increase would help re- Members of Congress have legislated a imum wage. verse the trend of declining real wages for minimum salary for themselves and have seen The Republican substitute, by offer- low-wage workers. Between 1979 and 1989, fit to raise it nine times since they last raised ing tax relief that would lead to new the minimum wage lost 31 percent of its real the minimum wage. It is time we gave the job creation and by offering affordable value. By contrast, between 1989 and 1997 Americans we represent a long overdue pay health care in addition to increasing (the year of the most recent increase), the raise by increasing the minimum wage to the minimum wage, would help mil- minimum wage was raised four times and re- $7.25 over 3 years. Even this amount does lions more Americans than the bill we covered about one-third of the value it lost in not keep pace with the cost of living. The min- are considering today, and I regret we the 1980s. imum wage would have to be increased to are not taking the more comprehensive Income inequality has been increasing, in $9.05 to equal the purchasing power it had in approach. part, because of the declining real value of the 1968. And if the minimum wage had increased Nonetheless, this legislation will help minimum wage. Today, the minimum wage is at the same rate as the salary increase cor- many women and men across the coun- 33 percent of the average hourly wage of porate CEOs have received, it would now be try, and I intend to support it. American workers, the lowest level since $23.03 per hour. Mr. GEORGE MILLER of California. 1949. A minimum wage increase is part of a The American people demand that the min- Mr. Speaker, I yield 11⁄4 minutes to the broad strategy to end poverty. As welfare re- imum wage be increased. Low-wage workers, gentleman from Texas (Mr. form forces more poor families to rely on their many of whom live in your district and mine, RODRIGUEZ). earnings from low-paying jobs, a minimum badly need the money. They have waited Mr. RODRIGUEZ. Mr. Speaker, I rise wage increase is likely to have a greater im- much too long. I urge all Members to support in support of the minimum wage and pact on reducing poverty. this necessary and timely legislation. Vote indicate to you that it is time that we Mr. Speaker, the opponents of the minimum ‘‘aye’’ on H.R. 2, the Fair Minimum Wage Act. take this measure and make it happen. wage often claim that increasing the wage will Mr. MCKEON. Mr. Speaker, I am Let me thank Chairman MILLER on cost jobs and harm the economy. Of course, happy now to yield 2 minutes to the his efforts and just indicate to you that Mr. Speaker, there is no credible support to gentlelady from West Virginia (Mrs. the State of Texas is the one that has such claims. In fact, a 1998 EPI study failed CAPITO). the most to gain. We have over 900,000 to find any systematic, significant job loss as- Mrs. CAPITO. I want to thank the such workers that would be impacted sociated with the 1996–97 minimum wage in- ranking member for yielding me time. by this piece of legislation. And, for crease. The truth is that following the most re- Mr. Speaker, I rise in support of the those, let me also indicate that in cent increase in the minimum wage in 1996– legislation to raise the Federal min- Texas nearly 70 percent of low-wage 97, the low-wage labor market performed bet- imum wage to $7.25 per hour. It has employees work full time. I will repeat ter than it had in decades. And after the min- been 10 years since Congress passed leg- that. Seventy percent of low-wage em- imum wage was increased, the country went islation to increase the minimum ployees work full time. And, among on to enjoy the most sustained period of eco- wage, and I am pleased that we are those, almost 40 percent of the low- nomic prosperity in history. The economy cre- going to pass such an increase today. wage workers are sole breadwinners. ated more than 11 million new jobs and expe- I have supported an increase in the Forty percent are sole breadwinners. rienced historic low unemployment rates, in- minimum wage since coming to Con- So this is something that is critical. creased average hourly wages, increased gress, and I have voted for it both as This is something that is important, family income, and decreased poverty rates. part of a package including a perma- something that needs to happen. Mr. Speaker, studies have shown that the nent solution to the death tax. And I The minimum wage increase im- best performing small businesses are located will vote for it as a stand-alone bill. proves the economic well-being of our in States with the highest minimum wages. The minimum wage in my home State families. It provides for better living Between 1998 and 2004, the job growth for of West Virginia is $5.85 an hour, with conditions and improving the quality small businesses in States with a minimum recent increases already scheduled to of life. And I cannot comprehend why wage higher than the Federal level was 9.4 be $6.55 this June and then $7.25 in Members of Congress that have been percent compared to a 6.6 percent growth in June 2008. Twenty-eight other States here over 10 years, who have voted on States where the Federal level prevailed. have enacted minimum wages that are their own increase each time, and yet So much for the discredited notion that rais- higher than the Federal minimum not allow an opportunity for individ- ing the minimum wage harms the economy. It wage, and I am pleased today that we uals that are in the lowest part of the does not. But raising the minimum wage in- will vote to increase the minimum wages in this country be able to get a creases the purchasing power of those who wage for workers across the country. pay increase. most need the money, which is far more than I will vote for H.R. 2 because it will Mr. MCKEON. Mr. Speaker, I yield 3 can be said of the Republicans’ devotion to improve the quality of life for low- minutes to the gentleman from Indiana cutting taxes for multimillionaires. wage workers in my congressional dis- (Mr. PENCE). Mr. Speaker, Americans overwhelmingly trict and across the Nation. This legis- (Mr. PENCE asked and was given per- side with progressive principles of rewarding lation would be much better, however, mission to revise and extend his re- hard work with a living wage. A post-election if it included the elements of the Re- marks.) Newsweek poll found that 89 percent of Amer- publican alternative offered by Rank- Mr. PENCE. Mr. Speaker, I rise in re- icans favored raising the minimum wage. Last ing Member MCKEON and Ranking spectful opposition to H.R. 2, the Fair November, voters passed all six State ballot Member MCCRERY. Minimum Wage Act of 2007. And I do so initiatives increasing the statewide minimum understanding that what I do may well wage. The case for raising the minimum wage b 1245 be misunderstood by some of my con- is so compelling that in the 2004 election, Millions of small business employees stituents at home and even by some even voters in Florida and Nevada, two States across the country lack health insur- looking on in this debate. But let me won by President Bush, overwhelmingly ap- ance. It is probably the largest seg- say emphatically that a 41 percent in- proved ballot measures to raise the minimum ment of working Americans who are crease in the minimum wage that is wage. In Nevada’s richest county, Douglas, unable to afford and cannot find health brought to the well of Congress with- where President Bush received 63.5 percent insurance, a vitally important part of out providing any relief to small busi- of the vote, 61.5 percent of voters supported leading a good-quality life here in the ness owners and family farmers is irre- raising the minimum wage. United States. sponsible and unwise, and it will harm Mr. Speaker, in October 2006 the Economic We should authorize association both the wage payer and the wage Policy Institute released a statement in sup- health plans, allowing small companies earner.

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE January 10, 2007 CONGRESSIONAL RECORD — HOUSE H281 An excessive increase in the min- Providing a more reasonable wage is without an increase or adjustment. imum wage will hurt the working poor, not only a commonsense issue but a This stagnation of the minimum wage Mr. Speaker, and especially those who moral one as well, and I am proud that has left families with no guarantee are trying to begin the American one of my first few votes in the Con- that a full-time job will enable their Dream by entering the workforce at gress of the United States will be to ex- most basic needs to be met. entry level jobs. Minimum wage in- tend economic fairness and justice to At the current minimum wage, a creases, the unbroken record of our deserving workers. worker spending 40 hours a week, 52 economic history attests, raise unem- Mr. MCKEON. Mr. Speaker, might I weeks a year on the job, earns less ployment among the young, minorities inquire again the time remaining. than $11,000 a year, leaving them more and part-time workers, the very people The SPEAKER pro tempore. The gen- than $5,000 below the poverty line for a that a minimum wage is thought to tleman from California has 241⁄2 min- family of three. That is shameful. help. And sadly, for reasons I don’t en- utes, and the gentleman from northern The passage of the bill today will di- tirely understand, for every increase in California has 44 minutes. rectly help those families. the Federal minimum wage, African Mr. MCKEON. Mr. Speaker, we will It is estimated that 5.6 million work- Americans have been hit the hardest reserve and let them take some time to ers will receive an increase in their with the advent of jobs that are lost kind of even that out. hourly wage if the minimum wage were with an increase in the minimum wage. Mr. GEORGE MILLER of California. raised to just $7.25 an hour. An addi- tional 7.4 million workers earning up It would be the late economist Mil- Mr. Speaker, I yield 11⁄4 minutes to the ton Friedman, a Nobel laureate, who gentlewoman from California (Mrs. to a dollar above the new minimum said, ‘‘The high rate of unemployment NAPOLITANO). wage would also benefit. In total, 13 among teenagers, and especially black Mrs. NAPOLITANO. Mr. Speaker, a million workers will be aided by this teenagers, is both a scandal and a seri- minimum wage increase is crucial for necessary legislation. The passage of this bill is a first step ous source of social unrest.’’ And then all Americans, more so for women and towards the greater goal of a living he went on to say, ‘‘It is largely a re- minorities. wage for every American worker be- sult of minimum wage laws.’’ Es de maxima importancia que este cause, even as it goes to $7.25 an hour, I believe the minimum wage and this Congreso eleve el salario minimo, there are many families who are still increase is one of the most anti-minor- especialmente para las mujeres y going to find themselves within the cir- ity, anti-poor laws that we could bring menorias. cumference of poverty. There are peo- into this Congress. It violates funda- Ten years of neglect, plus inflation, ple who are looking forward to the ac- mental free market economics, and it have left workers living below poverty. tion of this Congress. will cost jobs. Diez anos de olvido, mas la inflacion, But let it be said that the long-term The Heritage Foundation recently re- han dejado a nuestros trabajadores en objective, to ensure that workers are ported that for every 10 percent in- pobreza. able to afford adequate housing and crease in the minimum wage there is a 1.4 million working women will be support their families, cannot be for- loss of 2 percent of entry level min- main beneficiaries for an increase from gotten by this Congress. imum wage jobs. This means, for what $5.15 to eventually $7.25 per hour in 2 Mr. GEORGE MILLER of California. years, of which 33 percent are African we consider today, we literally could Mr. Speaker, I yield 11⁄4 minutes to the see evaporate overnight 8 percent of American and Hispanic female work- gentlewoman from Florida (Ms. CAS- the entry level jobs in this country. ers. TOR). I recently received an e-mail from a Mas de uno punto quarto millon de Ms. CASTOR. Mr. Speaker, I urge my small sub sandwich restaurant owner mujeres trabajan -seran las bene- colleagues to throw a lifeline to the in Anderson, Indiana, who told me of ficiaries el cual son Hispanas y hardworking men and women in Amer- his frustration about what Congress AfroAmericanas del salario de 5.15 a ica by voting to increase the minimum would consider today, Mr. Speaker; and 7.25 pro hora. wage from $5.15 to $7.25. It is no secret he begged me to ask for balance and It helps economic social conditions, that health care costs are rising, along justice for the wage payer as well as reduces pay gaps. It helps the economy. with property insurance, and it takes a the wage earner. He said he had 200 ap- More money spent will create more ca- lot to pay the rent these days. So, in a plications on file, but he knew that if reer opportunities through afford- country where the average CEO earns Congress passed this irresponsible 41 ability of education. more before lunchtime than the aver- percent increase in the minimum wage, Ayuda a la economia nacional ya que age minimum wage worker earns all not only would he not be able to extend se gastara mas dinero. year, this Congress must take action. opportunity to some, he would have to Mujeres encabezadas de su familia The increase in the minimum wage cancel jobs for others. podran tener mas dinero para mantener will help women, in particular, who Let us serve the wage earner and the su familia. comprise nearly two-thirds of all min- wage payer. Let us reject this irrespon- Women breadwinners can increase imum wage workers. Many serve in the sible increase in the minimum wage. economic and financial independence. lowest-paying jobs back in our home Mr. GEORGE MILLER of California. Enough talk. Take action. Have a towns, backbone jobs like child care, Mr. Speaker, I yield 1 minute to the conscience. Help America. Vote for the food service and cashiers. Many are gentleman from Illinois (Mr. HARE), a minimum wage increase. women of color struggling to make member of the committee. The SPEAKER pro tempore. The ends meet for $5.15 an hour. Mr. HARE. Mr. Speaker, the Fair Chair requests that the gentlewoman In my district, according to the Minimum Wage Act is an important from California (Mrs. NAPOLITANO) pro- United Way of Tampa Bay, over 40 per- step toward strengthening America’s vide a translation, of her remarks. cent of the residents live in poverty. middle class by providing hardworking Mr. GEORGE MILLER of California. Well, we are going to lift them up. We Americans with the wages they have Mr. Speaker, I yield 11⁄2 minutes to the are going to lift up millions of children earned. I rise in strong support of this gentleman from Ohio (Mr. KUCINICH), a by raising the minimum wage. Amer- legislation. member of the committee. ican workers are long overdue for a As the son of a union machinist and Mr. KUCINICH. Mr. Speaker, I rise raise because past Congresses have not a former employee of a clothing fac- today in strong support of the Fair increased the minimum wage in 10 tory, I understand the struggles many Minimum Wage Act of 2007. years. But we are headed in a new di- Americans face in trying to meet basic Over the past 9 years, as the price of rection now to improve the economic needs at minimum wages. Increasing food has increased and the cost of hous- security for hardworking Americans. the minimum wage from $5.15 per hour ing swelled beyond the reach of many Step number one, raising the minimum to $7.25 per hour provides a necessary workers, the purchasing power of the wage. raise to 13 million of America’s lowest minimum wage has fallen to its lowest Mr. GEORGE MILLER of California. paid workers. level in 51 years. Mr. Speaker, I yield 11⁄4 minutes to the For too long we have ignored the Since 1997, the Federal minimum gentlewoman from California (Ms. plight of American working families. wage has been stalled at $5.15 an hour LINDA T. SA´ NCHEZ).

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE H282 CONGRESSIONAL RECORD — HOUSE January 10, 2007 Ms. LINDA T. SA´ NCHEZ of Cali- nate the egregious death tax that cause of good tax policy, because in fornia. Mr. Speaker, I rise in support of forces the sale of so many family busi- leaving more money with the individ- the Fair Minimum Wage Act. This bill nesses and small farms around the uals that earn it and not doing things will help nearly 13 million workers and country, and it does not provide incen- that are going to harm small business, their families by raising the minimum tives for small business owners to in- as the gentleman from Ohio said, most wage. vest in and grow their businesses and of our Nation’s jobs are created The value of the minimum wage is thus create the jobs or the futures for through small businesses. lower than it has been in half a cen- the teenagers and many other people We know from the Congressional tury. Instead of providing a living wage who are coming up in this country. Budget Office, the CBO, they estimate to hard-working American families, Mr. Speaker, our Nation’s small busi- that a minimum wage increase without the minimum wage is a poverty wage. nesses deserve better, and this House considerations for small businesses and It is nearly $6,000 short of the Federal should do better. So vote ‘‘no’’ on H.R. their workers would impose a 5 to $7 poverty line for a family of three if a 2. billion unfunded mandate on small minimum wage worker works full time. Mr. GEORGE MILLER of California. businesses. Shouldn’t having a job raise you out Mr. Speaker, I yield 1 minute to the Now, I ask my colleagues from across of poverty, instead of trapping you in gentlewoman from California (Mrs. the aisle, are they willing to stand up it? CAPPS). today and pass an unfunded mandate, a The minimum wage has stagnated Mrs. CAPPS. I thank my colleague. 5 to $7 billion unfunded mandate on our since 1997, but wages have soared for Mr. Speaker, I rise in strong support Nation’s small businesses? We know, those highest on the income scale. of H.R. 2. As cochair of the Congres- raising the minimum wage will reduce The average CEO of a Standard & sional Caucus for Women’s Issues, I am employment, and I encourage my col- Poors 500 company made $13.5 million so proud to stand with many of my col- leagues to oppose the Democratic bill. in 2005. leagues, as we repeat over and over Mr. GEORGE MILLER of California. The average CEO makes 821 times as today how vital this legislation is for Mr. Speaker, I yield 1 minute to the much as a minimum wage worker. women across this country. Women lag gentlewoman from Ohio (Ms. KAPTUR). With salaries like these it is clear far behind men in terms of earnings. Ms. KAPTUR. I thank the chairman why an average CEO earns more before Nearly two-thirds of all minimum wage of the committee for bringing this im- lunchtime than a minimum wage work- workers are women, many raising chil- portant bill to the floor. er earns all year. dren. Mr. Speaker, the minimum wage is a This bill translates into over 9 mil- women’s working issue, and it is an b 1300 lion women who will benefit from a issue for our children with over 1.4 mil- The average CEO is doing just fine long overdue increase in their take- lion working mothers across this coun- looking out for himself. But America’s home pay. It is abominable that for the try who earn the minimum wage. most vulnerable families need some- past 10 years we have sat by and I would say to my colleagues on the body who is looking out for them. watched the cost of everything sky- other side of the aisle, what is it worth This bill is a good bill, it is an impor- rocket. Health care, child care, food, to you to have someone lift and bathe tant bill, and it is the right thing to do. rent, anything you could think of, ex- your elderly sick relative in a nursing I hope all my colleagues will join me in cept for wages. home and empty their bed pans? Is it voting ‘‘yes’’ on H.R. 2. Minimum wage earners often are sin- worth more than $5.15 an hour? Mr. MCKEON. Mr. Speaker, I yield 2 gle moms and have been forced into How about cleaning the bathrooms of minutes to the gentleman from Ohio longer hours, more jobs, more time the Democratic and Republican Con- (Mr. CHABOT). away from their families, which, too ventions? People tend to not pay atten- Mr. CHABOT. I thank the gentleman often, has its own set of unfortunate tion to those workers. How about wash- for yielding. consequences. ing dishes in restaurants across this Mr. Speaker, as the ranking member It is time that we all vote ‘‘yes’’ on country? How about caring for dozens of the Small Business Committee, I H.R. 2. Take a great step forward to- and dozens of 3-year-olds in daycare rise in opposition to this legislation as wards achieving economic equality for centers across this Nation? How about it is being offered to us today because women. Indeed, the benefits will be those women that lift all those heavy it does not offer our Nation’s small there for all Americans. trays at those restaurants that you all businesses the help that they need to Mr. MCKEON. Mr. Speaker, I yield 2 eat in, bringing food to the people pay for what amounts to a tax in- minutes to the gentlewoman from Ten- across this Nation? Surely it is worth crease. Small businesses are the back- nessee (Mrs. BLACKBURN). more than $5.15 an hour. bone of our Nation’s economy. Mrs. BLACKBURN. Mr. Speaker, you Even when it is raised to $7.25 an Over the last decade, small busi- know, this is such an interesting de- hour, if a woman has children, she is nesses have annually created 60 to 80 bate that we come here to have on the going to live in poverty anyway, so she percent of America’s new jobs; 99 per- minimum wage issues. All of our eco- has to work two jobs, most of them cent of all businesses in the U.S. have nomic issues debates end up being such without health insurance. Preserve the 500 employees or fewer, and that is interesting debates, and I always love value of work in this country. Vote for what constitutes a small business by it when I hear the statements made the increase in the minimum wage. It definition in this country, 99 percent. that this is wrong and that is wrong, is the right thing to do. We are a Nation of small businesses. and our focus becomes, let us go to the Mr. MCKEON. Mr. Speaker, I yield 2 Yet, we are debating a bill today that government and expect the government minutes to the gentleman from Ari- fails to take into consideration the im- to fix it. zona (Mr. FLAKE). pact such legislation could have on the Mr. Speaker, you know, we know Mr. FLAKE. Mr. Speaker, it has been bottom line of those small businesses, that just is not so. I have found it so an interesting debate today. We have the most prolific job creators in our interesting that you would hear from heard on the other side: Today is the economy. people that it appears that the Repub- day I am going to vote to give the Mr. Speaker, the simple fact of the licans never raise the minimum wage. American worker a raise. Would that matter is that this bill increases costs What about 1994? What about 1997? we all had that kind of power. Unfortu- for mom-and-pop businesses, the Con- Then we hear all of this about explo- nately, with this, we can dictate that. gressional Budget Office, CBO, esti- sive costs. But what we are not hearing Unfortunately, somebody else has to mates it to be $5 to $7 billion, without is that per capita disposable income pay that wage. providing them the opportunity to has risen 9.2 percent in real dollars It is simply not right to inject our- grow their business and thus create since 2001. selves into the free market in that more jobs. This bill does nothing to All the millions of jobs that have way. Yes, it would be nice if everyone help small businesses lower their been created, nearly 7 million since could make a larger wage. health care costs through association 2003 alone. The reason this happens is The problem is, the price of every- health plans. It does nothing to elimi- because of good economic policy, be- thing is elastic. When the price goes

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE January 10, 2007 CONGRESSIONAL RECORD — HOUSE H283 up, the demand goes down. Those are the Black Death came along and killed It is an interesting dynamic you are the irrefutable laws of the free market. a whole lot of their workforce, and the talking about, but it is almost 20 years To think that we can simply go in and price for a day’s labor remained the out of date in terms of the economics, dictate and change things that way is same. England and their economy lan- what is taking place, as States have wrong. guished until a guy came along that continued to raise the minimum wage, Less than a month ago I was in Cuba. the Brits don’t even like by the name and the economic growth that has fol- Now, in Cuba, a janitor makes the of Oliver Cromwell, and he abolished lowed the wage increases that have fol- same as a doctor. Some might say that all of the government wage and price lowed, the growth and retail, which is is a good thing until you realize that controls, and the economy surged. very difficult in a competitive area, they both make about $20 a month. It The effect of an increase of 40 percent and the job growth that was created in is not good when government controls on minimum wage is going to be sev- those areas because people had money the price and wage and controls the eral things. The first thing it is going to put into the economy. economy. to do is: any job between the current Mr. Speaker, I yield 1 minute to the I am not suggesting that we are any- minimum wage and the $7 is going to gentleman from Maine (Mr. MICHAUD). where close to that, but supposing that do one of several things. First, it will b 1315 we can inject ourselves and have this be exported overseas. If it is not ex- Mr. MICHAUD. I thank the gen- week wage controls, a little later this ported, it will be taken on the black tleman for yielding 1 minute. week, price controls in the form of ne- market by, perhaps, some illegal immi- Mr. Speaker, I come to this floor as a gotiating with companies what drugs grant who is willing to work for less proud union member after working 28 are going to cost, is simply the wrong than the minimum wage. Or it will just years at a paper mill in Maine. I come direction to go. be passed on to everybody as an in- here as cochair of the Labor and Work- I would urge everyone here to reject crease in cost of living. ing Families Caucus. I come on behalf the notion that we as Members of Con- Those are the alternatives. It would of the hardworking men and women of gress should inject ourselves into the be very nice if we could, by mandate the State of Maine, and I am here to free market in that manner. from this floor, say that everybody is say we need to pass this legislation. Mr. GEORGE MILLER of California. going to make a lot more than that. The salaries of Members of Congress Mr. Speaker, I yield 1 minute to the Why not $20 an hour? The reason is be- have increased by $31,600 since 1997, gentlewoman from California (Ms. cause what happens is we become less while the minimum wage continues to SOLIS). competitive, and we ship the jobs over- earn just $10,700 a year. Today, the av- Ms. SOLIS. Mr. Speaker, I rise in seas. erage CEO earns more before lunch- strong support of the Fair Minimum We are proposing that if we are going time the very first day he goes to work Wage Act, H.R. 2. As you know, women to do this, particularly to all of these than the minimum wage earner earns and minorities make up a dispropor- jobs in small businesses, that we at all year long. What kind of priorities tionate number of those earning min- least give the small businesses some are these? imum wage. In fact, they haven’t seen kind of a break to compensate and to We sometimes forget the face of the a wage increase in 10 years. Too many try to provide some health care for minimum wage worker. They aren’t single head-of-household women strug- some of those people. That is the rea- the corporate giants. They aren’t the gle to make ends meet, some working son why we are opposing just a straight special interests. They are the hard- two and three jobs every single day to 40 percent increase, because the effect working men and women of this coun- make sure that their children are cared is going to be, yes, some people are try, and they deserve a raise. for and the rent is paid for; 61 percent going to get more money, but a lot of There is still more that we can do to of those are sole bread earners. One- jobs, it is just like taking the old chain help our people in this country work third of those, as you know, are women saw out and chopping off another low their way out of poverty and achieve raising their children. Most don’t even rung in the ladder. prosperity, but increasing the min- have an opportunity to have health There are people who will end up in imum wage is a necessary first step. care coverage. African American welfare accordingly. Vote ‘‘no’’ on Mr. MCKEON. Mr. Speaker, I am women and Latinas only make up 23 House Resolution 2. happy to yield 2 minutes to the gen- percent of the workforce, but they rep- The SPEAKER pro tempore. For pur- tleman from Georgia, a member of the resent 33 percent of the women only re- poses of the managers being guided, committee, Mr. PRICE. ceiving minimum wage. Mr. MILLER of California has 353⁄4 min- Mr. PRICE of Georgia. Mr. Speaker, I This fair minimum wage package utes. Mr. MCKEON of California has 17 thank my chairman for yielding me the will allow for 1.4 million working minutes. 2 minutes’ time. moms to get an increase in pay. Let us Mr. GEORGE MILLER of California. I stand in support of more jobs and in not forget those women who are work- Mr. Speaker, I yield myself 1 minute. support of all workers, understanding ing in the garment industry in the Mr. Speaker, it is rather interesting that there are consequences to what we Northern Mariana Islands who only that speaker after speaker gets up on do here and some of those consequences earn $3.05. These women also work up the other side of the floor and in spite are unintended. When we increase the to 20 hours a day in squalor with no of the economic evidence of how well minimum wage, unless employers re- health care and no reform in labor. those States that have raised their ceive some sort of benefit, they hire I stand up for those working women minimum wages are doing compared in fewer workers. Fewer workers. It dis- and men, and urge the support of H.R. terms of job creation and economic courages businesses from hiring the 2. growth to those States that kept the least-skilled workers who need the Mr. MCKEON. Mr. Speaker, I yield 2 minimum wage low; it is rather com- most assistance. Losing access to entry minutes to the gentleman from Mis- pelling and overwhelming evidence in level positions deprives many unskilled souri (Mr. AKIN). terms of higher job growth and higher workers of the opportunity to learn the Mr. AKIN. Mr. Speaker, there is a economic growth, significantly higher skills that they need to advance up the cynic that once said that one of the even in the retail professions in those career ladder. things that we learn from history is States that increased the minimum Did you know that businesses actu- that we learn nothing from history. I wage. ally cut the number of unskilled and don’t accept that entirely, but it cer- It is also rather interesting in light disadvantaged workers on their pay- tainly appears to be that way on the of the fact that the Gallup Poll of rolls after an increase in the minimum floor of the U.S. Congress today. small business owners in March of last wage and that raising the minimum You don’t have to look in the recent year said the overwhelming majority of wage to $7.25 an hour would cost at past; you go back to 1640 in England. small business owners, 86 percent, say least 8 percent of affected workers And they had wage and price controls. the minimum wage had no impact on their jobs? Minimum wage jobs are They thought it was a compassionate them. Nearly half the small business entry level positions that teach career thing to set a price on a loaf of bread, owners, 46 percent, supported the in- skills that make workers more produc- a day’s labor and a ton of coal. Then crease in the minimum wage. tive and enable them to earn a raise.

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE H284 CONGRESSIONAL RECORD — HOUSE January 10, 2007 Two-thirds of minimum wage earners I commend them. I applaud them, wage. In that time, increasing numbers earn a raise within a year. and I am hopeful that when we leave of families have fallen out of the mid- And, finally, why are there con- this body, we will join together in a bi- dle class, victims of economic pres- flicting reports? How can each side partisan, bicameral way. sures from rising health care and col- produce numbers in their support? Mr. Speaker, I yield 21⁄2 minutes to lege tuition costs to gas prices, and an Well, it is because it is difficult if not the gentleman from Idaho (Mr. SALI). economic policy from an administra- impossible to count the results. Why? Mr. SALI. Mr. Speaker, a number of tion that has always seemed to push Because regardless of what we do here, my colleagues have pointed out the working families aside. regardless of what we make the min- problems with raising the minimum Raising the Federal minimum wage imum wage, it is really zero. What we wage; that it is an unfunded mandate from $5.15 to $7.25 an hour is so impor- can’t count are jobs that are never of- on small business, will likely result in tant so the fundamentals of our econ- fered. If we pass this, small businesses the loss of over 1 million jobs for low omy remain strong. But that barely don’t miraculously get more money to wage earners, that it will eliminate masks the troubles that families face. pay workers, so they hold off on hiring, entry level jobs and actually hurt the Household incomes are down nearly and those jobs that are never offered poor more than it helps them. $1,300 from 2000, employee compensa- are never counted. The negative impacts will result nat- tion at its lowest level in 40 years. This I urge my colleagues to support a urally from the rules and principles of economy is not producing rising living commonsense plan that will increase the free market. In my college courses, standards for most families. Today we the minimum wage and increase busi- I learned that the rules and principles can expect to have the first sustained ness resources to provide that wage of free markets are the rules and prin- period of economic growth since World and save and increase the number of ciples that every business and worker War II that fails to offer a comparable jobs. are subject to in every transaction, increase in wages for workers. Mr. GEORGE MILLER of California. every negotiation and every new idea. Raising the minimum wage is not Mr. Speaker, I yield 1 minute to the That is, those negative effects of this about handouts or making political gentleman from New York (Mr. ENGEL). bill are unavoidable with its passage. statements but rather raising the earn- Mr. ENGEL. Mr. Speaker, I thank In spite of the negative effects, this bill ings floor for workers in this country. the distinguished chairman for allow- does seem destined to pass. Indeed, today a full-time minimum ing me to speak. As a freshman Congressman, the wage worker still earns only $10,700 a My colleagues, I cannot believe some likely passage of this measure has year. My colleagues on the other side of the rhetoric I am hearing from the taught me a new principle: The force of of the aisle, we make almost $163,000 a Republican side of the aisle. The Re- Congress can be brought to bear and year, and we are opposed to $2 in a publican ploy of combining tax cuts for justified to suspend those natural laws raise for working families? My friends, the rich with the minimum wage in- which would otherwise control impor- walk in the shoes of people who work crease is just simply mean-spirited and tant matters. The well-intentioned de- every single day for a living. This Con- wrong. This bill should be passed clean- sire of Congress to help the poor appar- gress in the last session barely worked ly and on its own. It has been close to ently will not be restrained by the 2 days a week here for $163,000 a year. 9 years since the last increase in the rules and principles of the free market Take heed. Raising the minimum wage minimum wage, the second longest pe- that otherwise do restrain American has big consequences. riod without a pay raise since the Fed- businesses and workers. Apparently, You know, 4 years after the last min- eral minimum wage law was first en- Congress can change the rules that imum wage increase, the American acted in 1938. would otherwise affect the affairs of economy experienced its strongest While wages have remained stagnant, mankind. growth in over three decades. Between basic costs of living have skyrocketed. So, Mr. Speaker, I have asked my 1997 and 2003, small business employ- America’s current minimum wage is staff to draft a measure I call the Obe- ment grew in States that had a higher simply not a liveable wage, and fami- sity Reduction and Health Promotion minimum wage than those with a Fed- lies are struggling to make ends meet Act. Since Congress will apparently eral minimum wage. as their living standards decline. An in- not be restrained by the laws and prin- Mr. Speaker, it comes down to prior- crease in the minimum wage is des- ciples that naturally exist, I propose ities. It is long past time here that this perately needed if we are to lift those that the force of gravity by the force of Congress recognize that we have an ob- who are falling further and further be- Congress be reduced by 10 percent. Mr. ligation to work to raise the standard hind. Raising the minimum wage is an Speaker, that will result in immediate of living in America for every single issue of fairness, and it is time that we weight loss for every American. It will family, not just for the few at the top treat all working Americans with the immediately help reduce obesity prob- of the heap. That is what this legisla- fairness and equality they deserve. lems in America. Weight loss will also tion is about, and I am proud to sup- I commend the Democratic leader- help to promote the overall health of port it. ship for including this in the first 100 Americans as we have been vigilantly Mr. MCKEON. Mr. Speaker, I am hours of the 110th Congress. Some 7.3 advised by our health care. happy to yield 2 minutes to the gen- million people will benefit from a raise Mr. Speaker, I thank this body for tleman from Tennessee (Mr. WAMP). in the minimum wage, and we need to the education I have received from the Mr. WAMP. Mr. Speaker, I thank the do this forthwith. Please vote for the passage of this bill. Since the basis for distinguished ranking member. bill. the use of Congress’s power is the same For 12 years I have come to the floor Mr. MCKEON. Mr. Speaker, I yield with both measures, I would also ask defending our free enterprise system myself 30 seconds. that everyone who is supporting the and standing up for market forces in My colleague, the chairman of the measure before us consider becoming setting prices, costs, and wages. But I committee, earlier read a statement an original cosponsor of the Obesity have to tell you, 9 years without a min- from a Member of the other body. I Reduction and Health Promotion Act, imum wage increase is a problem, espe- would like to read a couple of them. and I have a copy. cially since, over those 9 years, cor- Senate Majority Leader HARRY REID Mr. Speaker, I close by noting that, porate leadership has let us down in said, ‘‘If it takes adding small business with the new principles I have learned, this country time and time again not tax cuts to get a minimum wage in- it appears to me that with Congress honoring the traditions of responsi- crease, we are going to do it.’’ the sky is the limit. bility to their workers and their stock- Senate Finance Committee Chairman Mr. GEORGE MILLER of California. holders. So, last year, I was one of the MAX BAUCUS said, ‘‘This Congress Mr. Speaker, I yield 3 minutes to the leaders asking us to increase the min- promised to raise the minimum wage, gentlewoman from Connecticut (Ms. imum wage but putting a very reason- and we will. We also need to pass mean- DELAURO). able death tax exemption of $5 million ingful small business incentives along Ms. DELAURO. Mr. Speaker, it has on to the legislation, and it passed this with the minimum wage increase. We been 10 years since this Congress last House with a strong support and al- can do both, and we will.’’ approved an increase in the minimum most passed the Senate, missing by

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two votes. That is the best way to raise 101⁄2 minutes; the gentleman from Mr. GEORGE MILLER of California. minimum wage. northern California has 28 minutes. Mr. Speaker, I yield 11⁄2 minutes to the The second best way is to add associ- b 1330 gentleman from New Jersey (Mr. ated health plans, to give benefits for PASCRELL). Mr. GEORGE MILLER of California. small businesses increasing the min- Mr. PASCRELL. Mr. Speaker, I Mr. Speaker, I yield 1 minute to the imum wage. thank the chairman. He has put to- gentlewoman from the District of Co- I am going to continue to argue that gether legislation that should be com- lumbia (Ms. NORTON). that is the best way, but let me sur- mended. It is the right thing, the fair Ms. NORTON. Mr. Speaker, I thank prise you and tell you that even if that thing to do to vote for this legislation doesn’t pass today on final passage, I the gentleman for yielding. Everybody gets a pay raise, Mr. today. The Congress will finally take am going to vote to raise the minimum Speaker, except those who need it care of our working class brothers and wage, because you can’t defend not most, those who work for thousands of sisters. raising it for 9 years if we are going to dollars below the poverty level. Small I must say, though, that the gentle- have a minimum wage. That debate is business has gotten the benefit of tax woman from Tennessee and the gen- for another day, whether you should cuts and incentives for years, but the tleman from Idaho had better get their set wages or not. But with a minimum least-paid workers have gotten zero in- economics straight. In their logic, we wage, you can’t defend not raising it. crease. The middle class is screaming should reduce the minimum wage so we The President needs to sign and in- about health care costs. Most of these will produce more jobs. If that makes crease the minimum wage. workers don’t have any health care. any sense, you are really off the res- Let’s do it the right way though. But ervation. if that fails, we will vote for this and Don’t get sick on the minimum wage. And not only the 10 percent of the My friends, this is an opportunity for send it to the President, and I will bet us to put aside politics and get to the he signs it because it is time for work- workforce on the minimum wage will benefit. Other low-wage workers will heart of the issue. At $5.15 an hour, a ers to have an increase. But we need to full-time minimum wage worker brings recognize the free enterprise system is also get a bump-up as a result. This should be a matter of con- home $10,712. How could anyone live on what everybody values about this science. How could we look past these that sum in this day and age? We all country most of all. They are moving workers for almost 10 years? They know that, since 2000, the costs of towards free markets. Let’s not tram- serve us at the worst jobs with the low- health insurance and gasoline and ple on the markets, but let’s recognize est pay. home heating and attending college that 9 years is long enough, and at the Let me remind us welfare is term have skyrocketed to the tune of almost end of the day, we will increase the limited. These mothers go straight on $5,000 annually. Clearly an untenable minimum wage and send it to the to minimum wage jobs. Do the family situation for American workers. And President. values people really want single moth- just this week Northeastern University Now, how is that for bipartisan, Mr. ers to continue to work two jobs just to put out this report, an increase of pro- ILLER? M get food on the table? Believe me, these ductivity for the American worker of Mr. GEORGE MILLER of California. mothers won’t hit the jackpot with 17 percent and an increase in wages of Mr. Speaker, I yield 11⁄2 minutes to the this small increase. 1 percent. gentleman from Oregon (Mr. Mr. GEORGE MILLER of California. The little guy is going to get help BLUMENAUER). Mr. Speaker, I yield 11⁄2 minutes to the from this Congress, and you had better Mr. BLUMENAUER. Mr. Speaker, I gentleman from California (Mr. BECER- get that straight, to all of the folks on appreciate the gentleman’s courtesy. RA). We listened to our friends on the both sides of the aisle. The little guy is Mr. BECERRA. Mr. Speaker, I thank not going to be forgotten any longer. other side of the aisle cite averages, the gentleman for yielding. but those averages include the incomes This is an important piece of legisla- Mr. Speaker, it is a new day, a new tion. Raising the minimum wage today of people like Bill Gates. They ignore Congress, and a new direction for the realities of 100 million lower-in- will provide an additional $4,400 a year America. for a family of three, equaling 15 come Americans who are struggling to The previous Congress could have in- even approach middle income and who months of groceries. That is good creased the minimum wage, but it enough for me. have been suffering a decline in recent didn’t. The Congress before that could Mr. MCKEON. Mr. Speaker, I yield years. These are people who pay more have, but it didn’t. myself such time as I may consume. for food, for housing, for transpor- Every day, over 6 million Americans tation. They are discriminated against choose work at $5.15 an hour over wel- The gentleman said that this Con- by payday loans and subprime lending. fare. For 10 years, the old Congress gress will remember the little guy. The Some are too poor to qualify for the chose to do nothing to reward the labor small businessmen that we are trying child tax credit because of the per- and dedication of those Americans who to help, for the most part, are little verted tax priorities that the Repub- do some of the hardest work for the guys. licans have had in the last 12 years. lowest pay. I remember when I first started in The dire results that have been cited $5.15 an hour, that is less than $900 business. It was a small family busi- by my friends on the other side of the each month. How much do you pay ness. We had two stores. My dad ran aisle are simply hogwash. I come from every month just on your mortgage or one, and I ran one. I couldn’t afford one of the 28 States that increased its your rent, your car payment? any employees. I had to wait until a minimum wage and has indexed it Today, compared to 1997, we pay 25 friend came in and I could ask him to automatically for inflation. Since we percent more for a loaf of bread, 77 per- watch the store for a minute so I could have done that, our economy is strong- cent more for college, 97 percent more use the restroom or maybe grab a sand- er, and our business leadership will tell for health insurance, and 130 percent wich, or I would just eat standing be- you that what we have done is fair; it more for a gallon of gas. But, for those hind the counter if I didn’t have any is good for all of us, not just the poor. 10 years, the minimum wage has not customers in. So I understand the prob- I hope this is a first step that is fol- changed. lems that we are facing. lowed by increased awareness and sen- Mr. Speaker, every American worker And if we could all focus back on the sitivity to 100 million lower-income who works hard full time all year debate today, the substitute bill that Americans. Helping 13 million today should escape the grasp of poverty. The the Republicans wanted to put into with their first pay raise in 10 years is time for excuses expired 10 years ago. play that Mr. MCCRERY and introduced a good start. It is time to increase the minimum yesterday does exactly the same thing Mr. MCKEON. Mr. Speaker, might I wage for hardworking Americans. This as the Democratic bill on increasing inquire as to the amount of time re- new Congress will deliver for America’s the minimum wage. But it also goes maining. workers. further, to help small businesses to The SPEAKER pro tempore. The gen- Mr. MCKEON. Mr. Speaker, I reserve provide health care to the workers, tleman from southern California has the balance of my time. which I think is very important. And

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE H286 CONGRESSIONAL RECORD — HOUSE January 10, 2007 we are missing a wonderful oppor- talking about and should be making al- As Dr. Martin Luther King, Jr., told tunity to join together in a bipartisan lowances for, rather than rushing this workers in 1968, ‘‘It is a crime to live in way to work to help more people. bill to the floor in the manner that it this rich Nation and receive starvation Mr. Speaker, I am happy now to yield is today. wages.’’ And it is a great wrong to deny 3 minutes to the gentleman from New I appreciate your concern for the the nearly one in five workers in Texas Mexico (Mr. PEARCE). working families and for the businesses who will get a raise as a result of this Mr. PEARCE. Mr. Speaker, I thank of the country. There are changes that bill. the gentleman and thank the col- we need to make. A rising tide does not raise all boats leagues across the aisle for this impor- Mr. GEORGE MILLER of California. if some of them are anchored to the tant debate. Mr. Speaker, I yield 11⁄2 minutes to the floor by Republican ideology. The kind I think one of the things that should gentleman from Massachusetts (Mr. of objections we have heard today is be brought to our attention is that the LYNCH). why it has taken so long to do so little. debate is not subject to amendment. Mr. LYNCH. Mr. Speaker, I rise in After ten years of doing nothing for We are not able to really consider and support of raising the minimum wage the hardest workers, let’s approve at take action based on our consider- for America’s neediest workers, and I least this modest increase. ations. am proud that our Speaker, Speaker Mr. GEORGE MILLER of California. We received a communication from PELOSI, and Chairman MILLER have Mr. Speaker, I yield 11⁄4 minutes to the Rebecca Dow, who is the founder and chosen this in the first 100 hours to gentleman from California (Mr. executive director of Apple Tree Edu- help America’s workers who have not HONDA). cational Center, a nonprofit institution been helped for a long, long time. It Mr. HONDA. Mr. Speaker, I rise serving low-income/at-risk children in has been 10 long years, and America’s today in support of H.R. 2, the Fair Truth or Consequences, New Mexico. workers need a raise. Minimum Wage Act of 2007. She stated that if a Federal or State I think this debate really does crys- I first want to commend Speaker minimum wage passes, the reimburse- tallize the differences between our side PELOSI, the Democratic leadership, and ment for child care assistance is going of the aisle and our Republican col- Mr. GEORGE MILLER for their leader- to be so low that providers cannot con- leagues. ship in making this issue a priority in tinue providing service for low-income I have heard some arguments here the first 100 hours of legislation. families. For programs like Apple Tree, this morning that government should As Chair of the Congressional Asian it will mean closing. There are going to not intervene in the market. But I Pacific American Caucus, I stand here be unintended consequences. want to remind my Republican col- with my friends from the Tri-Caucus in As a small business owner myself, I leagues that these workers are com- support of increasing the minimum will tell you that we are not talking pletely powerless to improve their situ- wage to $7.25 and urge Congress to sup- about the middle class working for ation. port a clean vote to this bill. minimum wage. I will tell you that we The age of globalization has made It has been 10 years since the last in- are not talking about people who are these workers less powerful than they crease in the minimum wage; and, ad- right in the midstream of the employ- were 10 years ago. According to the justed for inflation, the minimum wage ment force. I will tell you that we are Economic Policy Institute, of the near- is now at its lowest level since 1955. talking about giving jobs to people who ly 7 million workers directly affected Over the past 5 years, the number of are not and have not in the past been by the minimum wage, 80 percent are Asian and Pacific Islander Americans hirable. adults, 54 percent work full time, and living in poverty has grown by 243,000. We brought one man in who was 40 59 percent are women. The reality is In 2005, more than 1.5 million Asian Pa- years old, tattoos from one end to the that working families are struggling cific Islander Americans, nearly 9 per- other. He told me after working 6 every day to try to make ends meet. cent of all APIA families in the U.S., months he had never had a job, a full- Look at it this way: In 1997, these were living below the poverty line. Cer- time job, in his whole life. Because we workers made $206 a week for working tain ethnic communities, such as could bring him in at a lower level, we 40 hours. In 2007, they are making the Hmong Americans and Cambodian did not have to have productivity, he same $206. The problem is that while in Americans, experience poverty at up to was allowed to learn on-the-job train- 1997 it may have got that worker close three times that rate. The median ing. That gentleman is still employed to the poverty line at the end of the household income for APIA families is at the company which my wife and I year, now they are $5,000 below the pov- down $2,157 since 2000. Now is the time for us to take a step sold after we came here because we erty line because the cost of living has in a new direction and help to improve were able to give him an entry level gone up 26 percent. wage at an entry level job without That is why I encourage my col- the quality of life for the estimated 14.9 much demand for performance. leagues to join us in supporting the million workers in this country. Mr. MCKEON. Mr. Speaker, I reserve In the last session, the last Congress, Fair Minimum Wage Act. the balance of my time. I voted to increase the minimum wage Mr. GEORGE MILLER of California. Mr. GEORGE MILLER of California. when the protections were there for Mr. Speaker, I yield 11⁄4 minutes to the Mr. Speaker, I yield 2 minutes to the small businesses. It is the small busi- gentleman from Texas (Mr. DOGGETT). gentleman from Georgia (Mr. LEWIS). ness people who get caught in the mid- Mr. DOGGETT. Mr. Speaker, the last Mr. LEWIS of Georgia. Mr. Speaker, dle. time the real value of the minimum I want to thank Chairman MILLER for We heard from our colleagues on the wage was this low, Elvis was singing yielding, and I want to thank him for other side that many small businesses ‘‘Heartbreak Hotel.’’ But these days it bringing this piece of legislation before support minimum wage. If that is so, is poor working folks, who have the us. they have got the instrument to do heartbreak when the minimum wage is Mr. Speaker, it is unacceptable that something about it. They simply in- not even close to being a living wage. we have waited 10 years to address this crease wages. But it is those small We need to take the minimum for problem. Unacceptable. We have waited businesses, family owned businesses, wages and raise it, because there is no far too long. Millions of our American where the decisions are made, on the maximum for prescription drugs, for citizens, our brothers and sisters, living room sofa and the dining room tuition, for a visit to the doctor, for mothers and fathers, are working long table. Those are the people that you filling up a tank of gas. Meanwhile, if hours to receive a minimum wage and are going to put up against very hard the gap between the rich and the poor are still living in poverty. In 2007, we economic circumstances, people like in this country continues to widen the should be ashamed of ourselves. We can Rebecca Dow, who is going to have to way it has under the Bush Administra- do better. We can do much better as a close her institution that provides tion, we will soon have the economic Nation and as a people. child care assistance for low-income features of a third world country. A families in an area that has no other CEO earns in two hours what hard- b 1345 provider for this sort of service. I think working people earn on the minimum American workers are suffering. these are the things that we should be wage in an entire year. They are struggling to fill their cars

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE January 10, 2007 CONGRESSIONAL RECORD — HOUSE H287 with gas, to put good food on the table. man MILLER, and I rise in support of Mr. GEORGE MILLER of California. They are working hard, and they are H.R. 2, the Fair Minimum Wage Act of Mr. Speaker, I yield 11⁄2 minutes to the still living in poverty. That is not 2007. gentleman from Maryland (Mr. right. It is not fair, and it is not just. I am pleased that the Democratic CUMMINGS). All American workers deserve good pay leadership has taken a straightforward, Mr. CUMMINGS. Mr. Speaker, I rise for hard work. This is a matter of fair- no-holds-barred approach to expediting today in support of the Fair Minimum ness. This is a matter of human de- consideration of this legislation. And Wage Act of 2007 because Americans cency. This is a matter of human dig- frankly, I am ashamed that it has desperately need a raise. nity. taken so long to increase the minimum Currently, millions of Americans go Nearly 20 States have increased their wage by so little. to work every day but still cannot af- minimum wage above the Federal What we do here today is a clear indi- ford to make ends meet. Sadly, chil- level. It is time for us in Congress to do cation of the philosophical difference dren are at the losing end of this equa- the same. between Democrats and Republicans. tion. Seven million families cannot af- In my district, the basic cost of liv- My party, the Democratic Party, has ford to adequately provide for their ing for a family of three is $27,000. Even tried to raise the minimum wage for children because they are working for with the increase we are considering nearly 10 years because we believe in poverty wages. With this bill, we can today, it is still $12,000 short. live and let live. We believe that fami- begin to turn that trend around. This is just the first step today, and lies should be fairly paid for their Working families are the true bene- we must do more for working families labor. We believe that wage earners, ficiaries of this legislation. Nearly 80 in the fight against poverty. President the true backbone of this Nation, percent of affected workers are adults, Roosevelt said it best when he said should be able to put food on the table, and 46 percent of affected families rely that the test of our progress is not roofs over their families’ heads, clothes solely on the earnings of minimum whether we add more to the abundance on their families’ back and to have wage workers. of those who have much, it is whether basic health care. Mr. Speaker, nearly 15 million Amer- we provide enough for those who have Mr. Speaker, $5.15 is totally unac- icans will likely benefit from this bill, too little. ceptable. No family can live on $5.15 an millions of them children whose par- Today, Mr. Speaker, we must pass hour. Many wage earners are working ents are losing quite a bit of money as the minimum wage. It is time that two and three jobs, both husbands and we speak. Congress’s actions reflect the will of wives and even their children, trying to I want to thank Speaker PELOSI, Rep- the American people. make ends meet. Americans deserve resentative MILLER, and my friend, Mr. GEORGE MILLER of California. better, and Americans expect their rep- STENY HOYER, for their tireless work Mr. Speaker, I yield 11⁄2 minutes to the resentatives to assist them in their on this issue. gentleman from Illinois (Mr. RUSH). quest for a decent quality of life. Mr. MCKEON. Mr. Speaker, I yield 2 Mr. RUSH. Mr. Speaker, I want to Today the story will be written about minutes to the gentleman from Geor- thank the chairman of the committee, the difference between those who stood gia (Mr. KINGSTON). Mr. MILLER, for his outstanding work up for the least of these and the those Mr. KINGSTON. Mr. Speaker, I on our behalf. who came to this floor and continued thank the gentleman from California, Mr. Speaker, today is the day that to bring unconscionable arguments to and I want to say this legislation gets the Lord has made. Let us rejoice and deny low-income wage earners a mere an ‘‘A’’ in politics and a ‘‘D-minus’’ in be glad about it. $2.10 increase over their income in a 2- economics; an ‘‘A’’ is politics most peo- Today we are here to honor our year period. ple aren’t going to notice that the very promise to the American people. They Many States could not wait for Con- people who are pushing it are the ones have asked us and we have promised to gress to act, and they have undertaken who voted against the Bush tax cuts increase the minimum wage, and we to increase their wages. In my own for the low-income bracket, reducing it are here to deliver on that promise. I State of California, the minimum wage from 15 percent to 10 percent. wholeheartedly rise in support of H.R. effective January 1 of this year has in- It is going to be good politics because 2, to increase the minimum wage from creased to $7.25. most people will overlook the fact that $5.15 to $7.25 an hour. The American Mr. Speaker, 6.6 million people will the majority of the Democrat Party people deserve better. benefit from raising the minimum are going to vote against affordable Mr. Speaker, raising the national wage. The economic gap between the health care for the working poor. minimum wage is a first step in reduc- rich and poor is growing. Too many It is good politics because most peo- ing the poverty rate in America. Amer- people are living at or below the pov- ple won’t notice that the Democrats ica’s families have seen their real in- erty line. When we pass this bill, we didn’t have a committee meeting come drop by almost $1,300 since the will all feel better about ourselves. which would have given them an oppor- year 2000 while the cost of health insur- Mr. GEORGE MILLER of California. tunity to parade out all of these work- ance, gasoline, home heating and at- Mr. Speaker, I yield 1 minute to the ers who they have been saying over and tending college have increased by al- gentleman from Illinois (Mr. DAVIS). over again depend on Congress for their most $5,000 a year. (Mr. DAVIS of Illinois asked and was salary and wages because apparently As you know, the minimum wage has given permission to revise and extend they cannot earn more on their own, not been raised since 1997, and that is his remarks.) only Congress themselves can increase inexcusable and unconscionable. Mr. Mr. DAVIS of Illinois. Mr. Speaker, I this. Speaker, the Bible tells us that our rise in strong support of increasing the It is going to be good politics for servant is worthy of his hire. Well, the minimum wage. I want to thank them because most people won’t realize American people are certainly worth Speaker PELOSI and the Democratic that, since 1997, in the last 9 years, more than the current $5.15 minimum Caucus for deciding that this would be that 29 States have increased the min- wage that they are receiving. a priority for this Congress. imum wage, and that is a fact that Again, I rise in support of this out- I come from the State of Illinois keeps getting overlooked. standing legislation, and I thank the where, 2 weeks ago, the Governor And it is going to be good politics be- committee and thank this chairman signed into law a new bill raising the cause most folks know that union for being a stellar, outstanding leader minimum wage to $7.50 an hour, mov- wages are going to be linked into this, in bringing more income to the Amer- ing toward a livable wage. So I am so and it is going to increase the wage sal- ican household. pleased that we are on track to follow ary for the union workers who support Mr. GEORGE MILLER of California. the great State of Illinois, and I look them so dearly. Mr. Speaker, I yield 11⁄2 minutes to the forward to the day when we will be But it is going to be bad economi- gentlewoman from California (Ms. WA- talking about a livable wage for every cally. As I said, an ‘‘A’’ in politics and TERS). American who works so he and she can a ‘‘D’’ in economics because the reality Ms. WATERS. Mr. Speaker, I thank earn enough money to take care of the is that most minimum-wage earners the gentleman from California, Chair- basic needs of their family. are part-time, and most are well above

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE H288 CONGRESSIONAL RECORD — HOUSE January 10, 2007 the poverty level. Most are teenage to have a child, that person is living cause he is also taking care of his par- workers: 52 percent under 25; 40 percent below the poverty line of $13,461. ents as he is earning the minimum have never had a job before. It is an No one in this, the richest country in wage. entry level job. the world, should work full time and So this is a big day. This is a big day If the Democrat Party truly wanted live below the poverty line. In this because this is the first time in 10 to take on poverty, they would have to country, we want people to work their years that the Congress signals that in say, what is the relationship between way out of poverty. What better way to fact we are going to raise the minimum marriage and the poverty level, and be- have them do this than have a min- wage. tween hours worked and the poverty imum wage that gives people a job and It is what our leader, Speaker level. Because the truth of the matter money that takes them above the pov- PELOSI, said she wanted to do in this is if people in poverty, if many of them erty line. first 100 hours. In this first 100 hours would marry and many of them would b 1400 she wanted to address urgent parts of work 40 hours a week, they would be the national agenda that are of deep out of poverty. It is not anything I Mr. Speaker, it is sinful for us to con- concern to the American people. And claim to have the franchise on, the tinue this debate without adding that to over 80 percent of the American peo- knowledge of, all of the information in this country one out of every 110 ple in this country, they understand on, but it is an economic fact. I hope persons is a millionaire. People don’t that the increase in the Federal min- that we can have committee hearings want welfare. People want self-care. imum wage is a matter of morality, it on that and discuss that, because if we We want to give people the means by is a matter of their values, it is a mat- want to attack poverty, that is where which they can say farewell to welfare. ter of the reflection of our Nation. we need to go. Raising the minimum wage will do They understand that these people, Mr. GEORGE MILLER of California. this. minimum wage workers in this coun- 1 Mr. GEORGE MILLER of California. Mr. Speaker, I yield 1 ⁄2 minutes to the try, have been working at a wage that gentlewoman from Florida (Ms. Mr. Speaker, I yield myself such time is 10 years old. Ten years old. And they CORRINE BROWN). as I may consume. understand the unfairness of that, and Ms. CORRINE BROWN of Florida. Mr. Speaker, I would like to begin by they understand the difficulty of that. Mr. Speaker, I have waited a long time thanking the staff of the Education That is why we brought this bill as a for this day. This is a great day. It is a and Labor Committee, Jody Calemine clean bill, because we wanted to high- day that the American people have and Michele Varnhagen, for all of their light and to speak to the Nation about been waiting for a very long time. work on this legislation. They have this group of workers who are toiling Helping the poor is a theme that is diligently worked for years to get this in spite of the fact that in 28 States stressed throughout the Bible, but it is day to come before the House of Rep- they have raised the minimum wage at our responsibility as Members of Con- resentatives, and I know they have the or above the levels we are talking gress to help raise the standard. appreciation of all of the members of about. In spite of that fact there are I am so pleased today that we are our committee. still some 13 million people who are di- going to have an opportunity to have a I also want to thank our newer staff rectly impacted by the actions we take clean vote on raising the minimum members, Megan O’Reilly, Brian Ken- here today and the actions we take wage for the first time in 10 years. nedy and Michael Gaffin, for their good later on to send this bill to the Presi- You know, the sad thing is that a work today and all of their efforts on dent of the United States. CEO before 12:00 earns more money behalf of this legislation, preparing it There are 13 million people whose than a person on minimum wage will for the floor. economic viability is dependent upon earn all year long. In talking to some I also want to thank my colleagues this bill to increase the minimum of the CEOs about it, they mention, on this side of the aisle who argued on wage. That is why we have to do this, maybe we are trying to help students behalf of this bill to increase the min- and that is why I am so terribly proud or part-time workers. The truth of the imum wage, and I want to thank my of the Members who stood up today and fact is, we are raising the minimum colleagues on the other side of the aisle argued for this increase in the min- wage. We are providing an additional who said that they were going to sup- imum wage. $4,400 per year for a struggling family port this measure. They may not fully Mr. Speaker, I will reserve 5 minutes to make ends meet and keep up with agree with it, but they said they would of my time, yield 1 minute to the gen- support it. the rising cost of living. tleman from California (Mr. MCKEON) This bill is not about students and And I want to thank the cosponsors so he may have a similar amount of part-time workers. No, it is about the of this legislation, including I believe time, and yield back the balance of my nearly 13 million full-time workers, seven Republicans who were original time over the 5 minutes. many with families to care for, who cosponsors of this legislation and over The SPEAKER pro tempore. Pursu- earn the minimum wage. In my State 193 Democrats on this side of the aisle. ant to section 508 of House Resolution of Florida, the increase would directly I was especially taken with the re- 6, further proceedings on the bill will benefit over 200,000 workers and have a marks of my colleagues on this side of be postponed. positive effect on over a half million the aisle who understand that this de- people. bate is about more than dollars and f Today is a great day for America and cents per hour. This is about the values for the American worker. I urge my of this Nation. It is about the value we RECESS colleagues to vote ‘‘yes’’ on this bill. I place on work. It is about the state- The SPEAKER pro tempore. Pursu- hope the Senate passes this version as ment that we make to people who go to ant to clause 12(a) of rule I, the Chair soon as possible so that we can provide work every day and work terribly hard declares the House in recess subject to immediate relief to our Nation’s work- in very difficult jobs that most people the call of the Chair. ers. in this country would prefer not to Accordingly (at 2 o’clock and 5 min- Mr. GEORGE MILLER of California. have. But they go to work every day to utes p.m.), the House stood in recess Mr. Speaker, I yield 1 minute to the do that, to provide for themselves, to subject to the call of the Chair. gentleman from Texas (Mr. AL GREEN) provide for their children or to provide who has been a long-time advocate of for their families. f the increase in the minimum wage, When you talk to minimum wage both in this Congress and before he workers, whether they are providing b 1551 came to this Congress. for themselves or themselves and a Mr. AL GREEN of Texas. Mr. Speak- child or a child and a spouse, it is AFTER RECESS er, it has been said, but it bears repeat- tough. It is tough. As the gentleman The recess having expired, the House ing, that a person working full time, said on the front page of The Wash- was called to order by the Speaker pro full time at $5.15 an hour, will make ington Post today, ‘‘When I get all tempore (Mr. HASTINGS of Florida) at 3 $10,700 per year. If that person happens done, I have nothing left for me,’’ be- o’clock and 51 minutes p.m.

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE January 10, 2007 CONGRESSIONAL RECORD — HOUSE H289 FAIR MINIMUM WAGE ACT OF 2007 final measure that provides consider- 10 years ago, but when they go to the The SPEAKER pro tempore. Pursu- ation for small businesses and their supermarket, the food prices are high- ant to section 508 of House Resolution workers, the very men and women who er; when they put gasoline in the car, 6, proceedings will now resume on the are responsible for our economy’s re- the gasoline prices are higher; when bill (H.R. 2) to amend the Fair Labor cent growth and strength, we must do they pay the utility bills, the utility Standards Act of 1938 to provide for an better. And I believe, once Congress bills are higher; when their kids get increase in the Federal minimum wage. completes its work, we will do better. sick, the medical bills are higher. All The Clerk read the title of the bill. In the meantime, I urge my colleagues of those things are higher. They are The SPEAKER pro tempore. When to oppose this unbalanced legislation. living in 2007, but in their wages they proceedings were postponed earlier As this debate continues in the weeks are living in 1997. There is something today, 10 minutes of debate remained to come, I am hopeful that all of us terribly, terribly wrong with that pic- on the bill. will be mindful of the concerns and the ture. The gentleman from California (Mr. sacrifices of small businesses in each That is why overwhelmingly GEORGE MILLER) and the gentleman and every one of our districts. If we do throughout the country the people sup- from California (Mr. MCKEON) each that and if we provide them the protec- port this effort now to raise the min- have 5 minutes remaining. tions they need and deserve, I am con- imum wage. Eighty-nine percent of the Who yields time? fident that the final product we send to people believe that we should do this, Mr. MCKEON. Mr. Speaker, I yield the President’s desk will be far supe- and they basically believe it as a mat- myself the balance of time. I appre- rior to the unbalanced and scaled-down ter of economic fairness, of economic ciate the debate. I appreciate the job measure that we are about to vote on. justice to these people who are working that you have done as Speaker. With that, Mr. Speaker, I yield back so hard at minimum wage, who, as we This debate, Mr. Speaker, has been a the balance of my time. say over and over again, but remember good one, one marked by thoughtful Mr. GEORGE MILLER of California. what they are, they are the poorest dialogue on both sides of the aisle. Un- Mr. Speaker, I yield myself the balance paid workers in America today. fortunately, that thoughtful dialogue of my time. And when they turn on the TV, when is limited to the last 3 hours, and only Mr. Speaker, I want to begin by com- they watch it on their lunch break, the last 3 hours. We didn’t have any mending you for the job you did in the they see a CEO walk away with $210 dialogue in the Committee on Edu- chair today and the manner in which million and a golden handshake after cation and Labor, we didn’t have any you conducted the debate on this issue; that CEO took a good corporation and dialogue at the Rules Committee, and and I appreciate the professionalism ran it into the ditch. They see people because of the unprecedented terms for with which you handled the gavel. backdating stock options, they see peo- today’s debate, the dialogue that did Mr. Speaker, Members of the House, I ple defrauding the corporation for take place here on the floor certainly want to thank all of our colleagues extra compensation, and yet their won’t lead to any improvements in this who participated in the debate today. wages are back in time. legislation, at least here in the House. We have our differences of opinions, This is a question of economic fair- However, I do hold out hope that in the but I thought that the debate was well ness that the American public over- weeks to come, as those on the other conducted. whelmingly responded to in this past side of the Capitol take up this issue, We have waited for over 10 years to election; and it is this issue of eco- we can build upon this unbalanced leg- have this vote on the minimum wage, a nomic fairness that our new speaker, islation and extend proper protections clean vote on the minimum wage for NANCY PELOSI, said would be the sub- to small businesses and their workers. the poorest workers in this country ject of this hundred hours, that we Nevertheless, the measure we are who have worked at a wage that is 10 would begin by trying to make Amer- poised to vote on in a few minutes is years old. ica a fairer place for those who go to marked more by what is not in the bill You know, very often Members of work and for those who try to provide than what is in it. Small businesses are Congress will take the floor and they for their families. We would make the backbone of our economy. They will harken back to the time in their America a fairer place and we would create two-thirds of our Nation’s new youth when they worked at the min- begin by increasing the minimum jobs, and they represent 98 percent of imum wage and they will talk about wage, and that is what we are going to the new businesses in the United the different jobs they had. Well, let do in the next few minutes, when we States. What protection does this bill me share with you that I, too, share receive a strong and a bipartisan vote provide them? None whatsoever. those experiences. to increase the minimum wage for The same small employers are look- I cleaned out oil tanks; I cleaned out these workers. ing for a more cost-effective way to ships; I drove trucks in the pear or- It is terribly important that we do offer health care benefits to their em- chards; I picked fruit; I worked in the this. It says something about us as a ployees, just as large corporations and canneries; and sometimes I did two of Nation. When it is questioned all over labor unions across our Nation can do those at the same time. I worked at the world about the economic dispari- because of economies of scale. What night in the cannery and in the day- ties in American society, the unfair- protections does this bill offer these time in the oil refinery. I worked at ness of it, we get a chance to begin same small employers? None whatso- the minimum wage. I wonder how I that process to change that dynamic. ever. They are the ones that are going would have felt about that minimum to be providing these jobs that are wage if it had been 10 years old. If I was b 1600 going to be paying the higher wages, working at the minimum wage and my I think this is a wonderful moment and they are getting no relief, no help. wages were 10 years into the past and for the House of Representatives, no As a consequence, people, many people, everybody else working around me had matter what side of the aisle you sit one study says 1.6 million people, will current wages, I wonder how angry I on. We, the people’s House, are going to end up losing their jobs as a result of would have been if I would have had to address the needs of the people that we this. support a family—at one point I was were elected to serve. They grant us, Working families, many of whom supporting a family with those min- they grant us the authority and the would benefit from a minimum wage imum wage jobs—I would have been ability and the honor to come to the increase and many of whom depend very angry. I would have thought this Congress of the United States; and upon small businesses, are looking to was a very unfair system, that my today, and today we are going to ad- Congress for innovative solutions that wages were stuck 10 years in the past dress their needs. Today, we are going would improve their access to afford- and everybody else’s wages were cur- to address the needs that have con- able health care. What protections does rent. cerned them in their communities. this bill provide them? None whatso- Well, that is what has happened to If I have any time left, I want to ever. these workers up until today. Today, thank the new majority leader for his My colleagues, we can do better. In we finally release them from being fro- efforts over these 10 years to try to the interest of sending the President a zen in time, where their wages are from bring this vote to the floor when time

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE H290 CONGRESSIONAL RECORD — HOUSE January 10, 2007 and time again he made that effort in Federal minimum wage. Yet many Califor- Mr. RYAN of Wisconsin. Mr. Speaker, after the Appropriations Committee. nians, including many in my own district, con- careful consideration of H.R. 2, it is with great Mr. HOYER. Mr. Speaker, will the tinue to live in poverty. How much greater a regret that I announce my opposition to this gentleman yield? struggle for survival it must be for those in our version of a minimum wage increase. Mr. GEORGE MILLER of California. country earning only $5.15 an hour. I believe an increase in the minimum wage I yield to the gentleman from Mary- Who are the workers in our country earning should be accompanied by small business re- land. the Federal minimum wage? Most are full time lief to offset the burden placed on U.S. em- Mr. HOYER. I thank the gentleman. hard-working American adults. Most have not ployers, so these businesses can absorb the We will celebrate Martin Luther had the educational and career opportunities costs of an increase. King’s birthday on Monday. I want to of higher wage earners. Many of these work- Last year, I supported an increase in the quote. He said this: ‘‘Equality means ers are minorities and nearly all of these work- minimum wage because it also included tax dignity, and dignity demands a job and ers provide essential services, often in jobs relief measures for employers to offset the a paycheck that lasts through the that are dangerous and unreliable, yet essen- cost of the proposed minimum wage increase. week.’’ tial to our American economy. An hour’s pay, It is unfortunate that House leadership, rather That is what this vote is about, and $5.15, will not buy a gallon of milk and a loaf than bring this balanced approach to the floor I thank the chairman for his leader- of bread. A day’s wages will barely fill their for a vote, instead introduced what basically ship. car’s tank with gasoline. And their monthly in- amounts to an unfunded mandate on our Na- Mr. Speaker, today, the United States come may not be enough to cover their fam- tion’s small businesses. House of Representatives, the people’s ily’s average monthly healthcare costs. According to a 1999 study by the Small House, demonstrated that we are committed It is unforgivable that thousands of hard Business Administration, approximately 54 to addressing the needs of all of our people— working Americans in this country live $4,000 percent of our Nation’s minimum wage earn- including those who struggle to make ends below the poverty line and struggle even to ers are employed by firms who have less than meet on the Federal minimum wage. provide the basics of food and shelter for their 100 employees. This minimum wage increase Today, the House will pass legislation, on a families. will force our Nation’s small businesses to bipartisan basis, to increase the Federal min- The Fair Minimum Wage Act honors their make tough cost-cutting decisions in order to imum wage by $2.10 per hour over the next hard work and significant contribution to our stay in business. When coupled with health 3 years. Nation’s economy. care cost increases they are already facing, The minimum wage, of course, has not Mr. Speaker, our consideration and approval which the National Federation of Independent been increased since September 1, 1997, of this bill as one of our first legislative actions Businesses estimates at 15–20 percent, many making this House action long overdue. is an important testament to this new Con- employers will be forced to either increase the Increasing the minimum wage is simply a gress’ commitment to hard-working low-in- costs of their products or lay-off lower skilled matter of doing what’s right, just and fair. come Americans who strive to provide for workers. Both options would have detrimental Eighty-nine percent of the American people themselves and their families. The passage of effects on the substantial progress our econ- support such an increase, according to a this bill respects their work and their right to omy is making. Newsweek poll. share in the American Dream. This legislation also hurts job creation. President Bush has expressed his support. I urge my colleagues to vote for the Fair Economists widely agree that an increase in And a bipartisan majority of the Senate Minimum Wage Act. the minimum wage without an offset for small passed a minimum wage increase in June Mr. DINGELL. Mr. Speaker, I rise today in business relief will result in much higher un- 2006. support of H.R. 2, a bipartisan measure to in- employment for workers. This is because an Now, we urge our colleagues in the Senate crease the minimum wage from $5.15 to $7.25 increase in the minimum wage also represents to hold a clean up-or-down vote on this issue an hour over 2 years. an increase in the costs faced by employers as soon as possible. I am proud to say that my home State of around the Nation. When our Nation’s busi- In the United States of America, the richest Michigan is ahead of the game on this issue. nesses face increases in their total cost per nation on earth, workers should not be rel- Governor Granholm and the State legislature employee, they must often face the tough de- egated to poverty if they work hard and play have already passed legislation to increase cision of either cutting jobs or reducing em- by the rules. the State minimum wage. A total of 28 States ployee benefits such as health care, day care On Monday, we commemorate the life of a and the District of Columbia have a State min- or vacation time as they struggle to pay for the great American—Dr. Martin Luther King, Jr. imum wage above the current Federal level. new wage requirements. And Dr. King once said: ‘‘Equality means I cannot understand why some of my col- In short, it is essential that any increase in dignity. And dignity demands a job and a pay- leagues are opposed to a measure that will di- the minimum wage be accompanied by tax re- check that lasts through the week.’’ rectly benefit 5.7 million workers. Moreover, lief or health care savings for our Nation’s Today, we heed those words. this measure clearly has the support of the small businesses. Because this legislation We must not ignore our citizens who are American people. It is our job to represent the does not include any provisions that may off- struggling. American people and I am proud that the new set the costs it levies on our Nation’s employ- We must get the legislation to the Presi- Democratic majority is getting the job done. ers, I cannot support it. dent’s desk without delay. We will succeed in raising the minimum wage Mr. MEEK of Florida. Mr. Speaker, I rise Ms. ROYBAL-ALLARD. Mr. Speaker, today during the first hundred hours of the 110th today to express my strong support for H.R. 2, I proudly stand with our new Speaker NANCY Congress—an accomplishment that the Re- which calls for an increase in the minimum PELOSI and my Democratic colleagues as we publican majority could not—or shall I say wage to $7.25 per hour. live up to our promise to honor workers by cared not to—achieve in 10 years. Thirteen million of our Nation’s lowest-paid passing the Fair Minimum Wage Act. It is wrong to have millions of Americans workers have not had a pay raise for nearly Increasing the minimum wage from $5.15 to working full-time and year-round and still living 10 long years. It took the intervention of the $7.25 an hour over 2 years is badly needed in poverty. At $5.15 an hour, a full-time min- voters to kick out the Republican do-nothing and long overdue. imum wage worker brings home $10,712 a Congress, which loaded up past minimum The previous Republican-led Congress year—nearly $6,000 below the poverty level wage legislation with special interest goodies, passed tax cuts for the wealthiest and ignored for a family of three. but today we are finally getting serious about the needs of hard working Americans earning Since 2000, America’s families have seen helping this Nation’s working people. the Federal minimum wage. their real income drop by almost $1,300, while The typical American worker earning $5.15 The result has been that our Nation’s Fed- the costs of health insurance, gasoline, and per hour has been forced to bear the brunt of eral minimum wage workers have been forced attending college have nearly doubled. Pass- rising costs and stagnant wages; since the last to support themselves and their families for ing H.R. 2 would mean an additional $4,400 minimum wage increase, the cost of health in- nine years on a mere $5.15 an hour, while at per year for a full-time worker supporting a surance, gasoline, food, electricity, and edu- the same time the cost of living has continued family of three—equivalent to 15 months of cation has risen, yet wages have remained to climb. The severity of a mere $5.15 hourly groceries, or over 2 years of health care— frozen. wage is highlighted by what is happening in helping them to keep up with rising costs. Minimum wage today in Florida is $6.67 per my home State of California, where the State Mr. Speaker, this legislation is an important hour. Yet, according to the Department of minimum wage is $7.50 an hour. This is more first step in a new direction for working fami- Labor in 2005, 117,000 Floridians earn at or than two dollars an hour more than the current lies and I urge my colleagues to support it. below the $5.15 per hour Federal minimum

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00036 Fmt 7634 Sfmt 9920 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE January 10, 2007 CONGRESSIONAL RECORD — HOUSE H291 wage. Too many Floridians are stuck in this Unfortunately, the Democrat leadership in of the top priorities for the new Democratic poverty trap. the House has chosen to break with tradition, Congress. And it’s no wonder that women I urge the Senate to move on this with the choosing partisanship over partnership, by around the country and in my district are sign- same speed and urgency that we have here in bringing to the House floor a minimum wage ing petitions, calling, sending e-mails calling the House. bill that excludes tax relief to help small busi- on us to raise the minimum wage. Mr. CONYERS. Mr. Speaker, I rise today to nesses transition to the higher wage. Congres- Leta of Chicago wrote that ‘‘We need to in- support H.R. 2, the Fair Minimum Wage Act. sional Quarterly lamented on January 8 that crease the minimum wage,’’ and Rebecca e- After the longest period since the enactment ‘‘House Democrats have established rules for mailed to say that an increase ‘‘is shamefully of this law without an increase—over 9 floor debate . . . that will block Republicans overdue.’’ Jacqueline in Skokie asked me to years—America’s poorest working families from offering any amendment. . . .’’ The Con- ‘‘Please restore a government which truly re- must get the raise they need and deserve. gressional Budget Office puts cost of this bill sponds to the needs of the people.’’ During this period in which Congress has at over $16 billion for small business and It’s hard to imagine any member of Con- failed to act to raise the wage of America’s nearly $1 billion for the federal government. gress objecting. After all, it’s been 10 years, poorest workers, CEO and top executive pay Once again, Democrats break their opening the longest span ever, since the minimum has soared: the average annual compensation day promise by excluding this $1 billion from wage was raised. In that time, we members of for a CEO at a Standard & Poor’s 500 com- their ‘‘pay-go’’ promises. Congress have received cost-of-living in- pany rose from $3.7 to $9.1 million. Mean- What has been absent from today’s debate creases that have raised our salaries over while, 28 States have seen the light and is a discussion about what the real downward $30,000. raised their State minimum wage to a level pressure is on U.S. workers wages—illegal Today is the day we stand up for our lowest higher than the current Federal minimum workers. After the federal government cracked paid workers. Today is the day we give 15 mil- wage of $5.15. down on illegal immigrants working at meat lion Americans a raise. And when we pass A full-time minimum wage worker in 2006 processing plants across the U.S., the com- this modest increase, we should think of it as earns only $10,712 before taxes—nearly pany was forced to pay American workers a a down-payment on our commitment to assure $6,000 below the Federal poverty line for a higher wage. Cracking down on illegal immi- that every hardworking American receives a family of three. This situation is unacceptable gration, rather than granting amnesty to over living wage. and immoral, as the wealth of our Nation, the 11 million illegal immigrants will do more to Mr. PORTER. Mr. Speaker, I rise today in richest in the world, continues to be built on improve the wages of the working poor than a opposition of H.R. 2, the Minimum Wage In- the backs of the working poor. Working fami- law increasing the minimum wage. crease Without Assistance for Small Business. lies in America are struggling to meet the ris- Finally, some have suggested that raising In Southern Nevada, we are fortunate to ex- ing costs of health care, gas, and housing, the minimum wage is the best approach to perience an extraordinary situation in regard to and $5.15 an hour is simply not enough. wage earnings and job growth. Since the trag- It’s time for Congress to stop turning a blind helping those living in poverty. There are much better and more targeted approaches to edy of September 11, 2001, our economy has eye to the plight of those workers making min- undergone a massive rebound with unemploy- imum wage and to address their needs. That assisting the working poor, a minimum wage increase is a very blunt tool in doing that. ment far below the national average and is why I supported increasing the minimum wages far exceeding the current federal min- wage in the 109th Congress, and that is why Consider these facts: The average minimum wage earner lives in imum wage. The primary engine of this eco- I am an original co-sponsor of the Fair Min- nomic growth has been our small business imum Wage Act in this the 110th Congress. a household with income above $50,000/year community. H.R. 2 will increase the Federal minimum Less than 1 in 25 minimum wage earners As a representative of a state who man- wage to $7.25 per hour in three steps over 2 are single parents who work full-time—very dates a dollar above the federal minimum years. Sixty days after enactment of this legis- few families rely on minimum wage job to sup- wage, the small business community in Ne- lation, the wage would rise from the current port a family. vada will feel the effects of this increase $5.15 per hour to $5.85 per hour. One year Only one in five minimum wage earners stronger than most states. The Republican al- later, it would rise to $6.55. And a year after lives below the poverty level. ternative to H.R. 2 would provide the incen- that, it would finally rise to $7.25 per hour. The least skilled and most disadvantaged The minimum wage needs to be raised not workers are the first ones to lose jobs when tives our small businesses need to absorb the just for the goods and services it enables a the minimum wage is increased. economic impact of a federally mandated in- person to buy but for the self-esteem and self- 68 percent of Americans live in states that crease in wages. Small businesses in my dis- worth if affords. Wages must be adequate for have a higher minimum wage. trict, like Metro Pizza, operate on the smallest workers to provide for themselves and their 67 percent of minimum wage earners get a of profit margins. Sam Facchini, who has co- families with dignity. raise within the first year of employment. owned the business since 1987, had this to Mr. WELDON of Florida. Mr. Speaker, I rise Ms. SCHAKOWSKY. Madam Speaker, I rise say about an additional increase to the min- today to express my concerns about the sub- today in support of H.R. 2, the Fair Minimum imum wage; ‘‘Our business is still adjusting to stance of the legislation before us as well as Wage Act. Nearly 15 million Americans, al- the most recent minimum wage increase. the manner in which it is being considered. most two-thirds of them women, go to work Small businesses are the backbone of our The bill before us will have virtually no im- every day caring for our children and frail old economy. We cannot continue to face unprec- pact on those living and working in the state people, cleaning up our messes, serving us edented labor costs and be expected to pros- of Florida. Florida voters 3 years ago ap- food in restaurants, and for their efforts re- per.’’ proved a ballot initiative setting a minimum ceive $5.15 an hour, the Federal minimum To meet an increased federal wage stand- wage rate higher than the federal rate and in- wage. If they work 52 forty-hour weeks, their ard small businesses need the kinds of incen- dexing it for inflation. Assuming enactment of annual income adds up to $10,712—$4,367 tives for growth that the Republican alternative this bill later this spring, it is important to note under the poverty level for a family of three. to H.R. 2 provides. I would like to remind my that the federal rate is not likely to catch up to Other Americans—the CEOs of the Nation’s colleagues that we can only create new jobs Florida’s minimum wage until mid–2009 only top companies—made on average $10,712 in through growth in the private sector. To limit to once again fall behind in January 2010. the first two hours of the first workday of new this growth for the sake of a sound bite is Just six months ago, I joined 230 of my col- year. According to a report by Americans tempting, but will have a devastating impact leagues, including 34 Democrats, in passing a United for Change, those CEOs make $5,279 on an economy. bill that increased the minimum wage to $7.25 an hour, $10,982,000 a year, or 1,025 times Certainly, our workers deserve the fairest per hour while also providing important tax re- more than their minimum wage employees. compensation for their valuable labor. In Ne- lief to help small businesses transition to the Those CEOs must really be special com- vada, the State Constitution mandates that our higher wage. Unfortunately, that bill was fili- pared to the woman who changes their moth- minimum wage is one dollar above the feder- bustered by Senate Democrats. This marrying ers’ diapers or cleans their toilets. If she is a ally prescribed level. Increases, however, must of a minimum wage increase with small busi- single mom with two children, she has to work be carefully balanced with the ability of the ness tax relief was modeled on the successful 3 minimum wage jobs to provide for her fam- business community to pay these increased approach we took in 1996 when a bipartisan ily, according to Wider Opportunities for wages. For these reasons, my voting record coalition of 160 Republicans and 193 Demo- Women. has remained clear, on July 29, 2006 I voted crats, including now Speaker PELOSI. I am It didn’t surprise me that a Newsweek poll in favor of a similar bill that included a min- pleased that Senate is pursing a bipartisan ap- found that 68 percent of Americans believed imum wage increase as well as growth incen- proach and building on this past success. ‘‘increasing the minimum wage’’ should be one tives for small businesses.

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00037 Fmt 7634 Sfmt 9920 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE H292 CONGRESSIONAL RECORD — HOUSE January 10, 2007 While the vast majority of American workers has failed to keep pace with skyrocketing nally are taking action today to remedy this sit- deserve higher wages, we must ensure that housing, health care, energy and other costs. uation. no jobs are lost as a result. I urge my col- President Franklin Roosevelt told us, ‘‘The America’s families have seen their real in- leagues to oppose H.R. 2, the Minimum Wage test of our progress is not whether we add come drop by almost $1,300 since 2000, while Increase Without Assistance for Small Busi- more to the abundance of those who have the costs of health insurance, gasoline, home ness. much; it is whether we provide enough for heating, and college attendance have in- Mrs. JONES of Ohio. Mr. Speaker, I rise those who have too little.’’ creased by almost $5,000 annually. America’s today in support of H.R. 2, the Fair Minimum The federal minimum wage has remained families have been squeezed for far too long. Wage Act of 2007. This bill provides a long- unchanged for nearly 10 years, and its pur- Increasing the minimum wage to $7.25 an awaited increase to the federal minimum wage chasing power has plummeted to the lowest hour, which this legislation would do over the by $2.10 over 2 years—from its present level level in more than half a century. It is unac- period of 2 years, is not a panacea for the of $5.15 an hour to $7.25 an hour. ceptable and immoral that millions of Ameri- hard working men and women who earn the WOMEN, FAMILIES AND THE MINIMUM WAGE cans have been working full-time and year- minimum wage in our economy. However, ev- I am pleased that, in 2007, my home state round while still being unable to afford the eryone can agree that additional money in the of Ohio has joined the 27 states across the basic necessities of life. pockets and savings accounts of these 13 mil- nation that have fully enacted a minimum By increasing the federal minimum wage by lion Americans will be of some help. wage above the federal level. Minimum wage $2.10—from $5.15 to $7.25 an hour over 2 I strongly support H.R. 2 and urge my col- female workers account for 60 percent of min- years—we are giving a long overdue pay raise leagues to do the same. imum wage workers in Ohio. Ohio Policy Mat- to about 13 million Americans, which amounts Ms. MCCOLLUM of Minnesota. Mr. Speak- ters reports that approximately 253,000 Ohio to an additional $4,400 per year for a family of er, I rise today in strong support of H.R. 2, the children have a parent who benefits from the three. I am proud that my home state of Mas- Fair Minimum Wage Act. I congratulate states recently enacted increase. Even more sachusetts already has taken similar action, Speaker PELOSI, Majority Leader HOYER and will benefit 2 years from this bill’s enactment, increasing the Commonwealth’s minimum Chairman MILLER for their recognition that this when the minimum wage is raised to $7.25. wage to $7.50 effective January 1, 2007. A is a critical issue to our economy and for their While opponents of increasing the minimum total of twenty-eight states along with the Dis- success in making a real difference for fami- wage often claim that minimum-wage workers trict of Columbia have a state minimum wage lies across America. are largely middle-class teenagers, recent re- above the current federal level. It is time for The Fair Minimum Wage Act will raise the ports from the U.S. Census demonstrate that the federal government to catch up. federal minimum wage from $5.15 to $7.25 among those workers who would benefit from Raising the minimum wage will make an im- over 2 years. This pay raise is the first in more this legislation, nearly half (48 percent) are the portant difference in the lives of hardworking than 9 years and will affect 13 million Ameri- household’s chief breadwinner. The Economic Americans across the country. The Senate cans. Policy Institute reports that 1.4 million working should quickly pass similar legislation and This change is long overdue. Currently min- mothers would receive a direct raise and three President Bush should sign into law this imum wage employees working 40 hours a million working mothers could be positively im- much-needed increase as soon as it reaches week, 52 weeks a year, earn only $10,700 a pacted by the Fair Minimum Wage Act. Nearly his desk. year—$6,000 below the poverty line for a fam- 4 million parents would benefit from an in- Mr. LANGEVIN. Mr. Speaker, I rise today as ily of three. The inflation-adjusted value of the crease, including an estimated 623,000 single a proud cosponsor of the Fair Minimum Wage minimum wage is 31 percent lower today than moms who would receive a direct raise under Act (H.R. 2). This bill will bring a long-overdue it was in 1979, and in real dollars a $5.15 an this bill. measure of fairness to the paychecks of mil- hour minimum wage is worth just $4.75. If the According to the Center on Budget Policy lions of hardworking Americans. wage had just kept pace with inflation since Priorities, in 2006, the federal poverty line for We have now reached the longest period of 1968 when it was a $1.60 an hour, minimum a family of four was about $20,000, well below time without an increase in the federal min- wage would have been $8.46 last year. what most Americans would consider a decent imum wage since its creation in 1938. While While in the Majority, Republicans repeat- standard of living to sustain a family. Cur- the minimum wage remains stagnant, the cost edly blocked this increase with the argument rently, a family of four with one minimum-wage of living for countless Americans continues to that fairness for our lowest paid workers will earner has a total income, including food skyrocket. hurt small business. However, this summer, In my home state of Rhode Island, the aver- stamps and the Earned Income Tax Credit, of 650 economists, including 5 Nobel laureates, age two-bedroom apartment costs over $1,147 only $18,950, $1,550 below the poverty line. announced their support for increasing the per month. As a result, many people would minimum wage and their view that these argu- HISTORIC PRECEDENTS need to obtain more than three full-time, min- ments against such an increase are simply not The minimum wage has been frozen at its imum wage jobs just to afford a decent home, valid. current level for more than 9 years—the long- and that does not take into account other crit- Mr. Speaker, while denying this needed est period without a minimum wage increase ical living expenses like food and medicine. wage increase, Members of Congress have in U.S. history. Since its 1938 inception, there This is an unacceptable reality that millions of received pay raises of over $30,000. In addi- has been only one other period in which the hardworking Americans continue to face. tion, a recent study estimated that CEOs of minimum wage has remained unchanged for Raising the minimum wage is a critical first top companies make in 2 hours what a min- more than 9 years, from January 1981 until step in Congress’s efforts to strengthen the imum wage worker makes in a year. This in- April 1990. economic security of our Nation’s families. The equity is not only an economic issue—it is a History has proven that past increases in Fair Minimum Wage Act will increase the fed- moral issue. American full-time, full-year work- the minimum wage have not had a negative eral minimum wage from $5.15 to $7.25 incre- ers should not be forced to raise their families impact on the economy. In the four years after mentally over a 2-year period. in poverty. the last minimum wage increase, the economy Americans who work hard to make an hon- A part of the hope and promise of America enjoyed its strongest growth in more than est living should not be forced to live in pov- is that if you work hard, you will succeed. I am three decades, adding nearly 11 million new erty, and by passing the Fair Minimum Wage proud that the Democrats today are helping to jobs. Small business employment grew more Act, we will help ensure that all Americans make that dream a reality for millions of Amer- in states with higher minimum wage rates than have the ability to provide for their families icans. in states with the federal minimum wage and prosper. I urge my colleagues to join me Mr. TOM DAVIS of Virginia. Mr. Speaker, I states—9.4 percent versus 6.6 percent. in supporting the Fair Minimum Wage Act. rise today in opposition to H.R. 2, and in sup- CLOSING REMARKS Mr. UDALL of New Mexico. I rise today to port of the Republican motion to recommit. I am proud to support this bill. Its immediate state my support for this legislation that would Americans deserve a decent minimum consideration in these opening days of the provide a long overdue increase in the min- wage, but we cannot simply ignore the fact 110th Congress is proof that when the Demo- imum wage for millions of workers around the that somebody has to pay for it. In many crats have sway, working families have their country. As many of my colleagues have stat- cases, small businesses are the ones who way. ed today, Congress has failed to increase the must bear these costs. Mr. MARKEY. Mr. Speaker, today Demo- minimum wage for more than 9 years. This is The Democratic bill we consider today gives crats ae fulfilling a pledge to millions of work- the longest period in the history of the min- absolutely no consideration to small busi- ing famllies who have struggled for too long to imum wage that it has not been increased. nesses at all. Small businesses are the back- make ends meet with a minimum wage that This is unacceptable and I am pleased we fi- bone of our economy, providing two-thirds of

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00038 Fmt 7634 Sfmt 9920 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE January 10, 2007 CONGRESSIONAL RECORD — HOUSE H293 new job creation. They cannot, however, sim- I urge all of my colleagues to support this My vote for this motion to recommit and ply create money out of thin air. A small busi- vital legislation. against the underlying bill is intended to send ness might have been struggling to pay health Mr. RUPPERSBERGER. Mr. Speaker, I rise a message to the other body that a minimum care premiums for its workers. With this reso- today in support of H.R. 2, the Fair Minimum wage increase is only half of the equation. I lution, they may well now be unable to do so. Wage Act. am confident the other body will work in more My Democratic colleagues frequently voice This much needed increase in the minimum of a spirit of compromise and recognize the their strong support for small businesses. I wage is long overdue. During the last 9 years concerns I mention here today. Indeed, I look don’t understand why they cannot then ac- since the minimum wage was last increased, forward to considering legislation that does knowledge that this could be a burden and 28 states and the District of Columbia have contain common sense provisions that will offer some help in the form of tax incentives. come to the aid of their citizens and passed protect our small businesses’ competitiveness. My vote for this motion to recommit and laws implementing a higher minimum wage I urge my colleagues to vote for the motion against the underlying bill is intended to send rate than the federal standard. to recommit to and if necessary against final a message to the other body that a minimum Increasing the federal minimum wage is not passage. wage increase is only half of the equation. I about giving high school students who work Mr. SMITH of Texas. Mr. Speaker, the de- am confident the other body will work in more part-time a raise. It is about helping individuals bate on H.R. 2, the ‘‘Fair Minimum Wage Act of a spirit of compromise and recognize the and families meet their daily basic needs. Al- of 2007,’’ would benefit from a discussion of concerns I mention here today. Indeed, I look most one-third of hourly workers earning less the facts. forward to considering legislation that does than $7.25 lived in families with incomes of For example, increasing the minimum wage contain common sense provisions that will $20,000 or less. would not have a positive impact on all work- As prices for energy, health care, and daily protect our small businesses’ competitiveness. ing and non-working Americans. I urge my colleagues to vote for the motion living expenses including child care and col- The number of people who would benefit lege tuition continue to increase, the minimum to recommit to and if necessary against final from raising the minimum wage is not nearly wage has remained the same. This increase passage. as large as some claim and those individuals Mrs. MALONEY of New York. Mr. Speaker, in the minimum wage is necessary to help who receive the minimum wage are not nearly families pay for the rising cost of these goods today, 13 million Ameicans are getting a raise. as poor as some suggest. Later today, during the first 100 hours of the and services. According to the Bureau of Labor Statistics, To understand what minimum wage earners new Democratic Majority, we will vote to raise in 2005 only 2.5 percent of all hourly-paid are dealing with, imagine how much income the federal minimum wage from $5.15 to workers earned the minimum wage. More than you earned in 1997 and the cost of your daily $7.25 over the next 2 years. a quarter of those workers are teenagers and expenses. For example, in Baltimore in Janu- Nearly two-thirds of all minimum wage work- half are under 25. ary 1997, a gallon of whole milk was $2.87. In ers are women and women account for most Those who support a minimum wage in- January 2006 a gallon of whole milk was of the full-time workers in some of the lowest crease should be forthright—some Americans $3.39, an increase of 18 percent. paying jobs in our Nation. will lose their jobs if the minimum wage is in- Imagine now earning what you earned in creased, especially youth and low-skilled Including 87 percent of all housekeepers, 93 1997, but forced to pay at least 18 percent percent of all child careworkers, 75 percent of workers. If the minimum wage is raised, busi- more for your daily living expenses. For many nesses will incur additional costs and some all cashiers and 66 percent of all food servers. people, an increase of 18 percent over 9 Overall, women are twice as likely as men will be forced to layoff employees. years would not be noticed because typically Also, most individuals who receive the min- to work at the minimum wage. job salaries would also increase. But for peo- Nearly 75 percent of female minimum wage imum wage have other sources of income, ple earning minimum wage, any increase in workers are over 20 and 35 percent work full- such as food stamps, government allowances, the price of goods and services is noticed. or earned income tax credits. time. For a more dramatic example, consider the With this raise in the minimum wage, 7.7 Still, we are confronted with the stark reality cost of a gallon of gasoline. In January 1997 that over one million families must survive on million women will get a raise, including 3.4 a gallon of gas cost $1.22 and in January million parents and over a million single par- little more than $1,000 a month. These fami- 2006, the same gallon cost $2.27, an increase lies need food, clothes, housing, transpor- ents—who are overwhelmingly female. of 94 percent. Increases of this magnitude im- Raising the minimum wage would provide tation, and hope. pact the entire population but those who make Frankly, any person who engages in honest an additional $4,400/year for a family of three, the least will be hit the hardest. labor deserves a worthy wage and a dignified equaling 15 months of groceries, or over 2 How can we expect people earning the cur- life. years of health care—helping them to keep up rent minimum wage to keep up with the in- Some say there are jobs Americans won’t with rising costs. creasing costs of everything? do. That demeans hard-working Americans Raising the minimum wage is supported by An increase in the minimum wage is essen- who do work in every occupation. It especially 89 percent of the American public in a recent tial to helping all Americans achieve economic demeans those who work at back-breaking Newsweek poll. Another recent poll showed security and for working adults to be able to and dangerous jobs for little pay. If we want 72 percent of Republicans support the min- meet the basic needs of their families. For this more Americans to take those jobs, then let’s imum wage increase. reason, I support H.R. 2 and raising the fed- pay them more. The minimum wage has not increased in eral minimum wage. And today is a good time to start. more than 9 years—the longest period in the Mr. TOM DAVIS of Virginia. Mr. Speaker, I Mr. CROWLEY. Mr. Speaker, I rise in sup- history of the law. The real value of the min- rise today in opposition to H.R. 2, and in sup- port of H.R. 2 to increase the minimum wage imum wage has plummeted to its lowest level port of the Republican motion to recommit. for working Americans. in 51 years. Americans deserve a decent minimum After years of providing tax cuts to the rich- A minimum wage increase is particularly im- wage, but we cannot simply ignore the fact est people in our country, and raise after raise portant at a time when America’s families that somebody has to pay for it. In many to Members of Congress, I am pleased to see have seen their real income drop by almost cases, small businesses are the ones who that in the first 100 hours of Democratic con- $1,300 since 2000, while the costs of health must bear these costs. trol of Congress, Democrats are giving a raise insurance, gasoline, home heating, and at- The Democratic bill we consider today gives to the working poor. tending college have increased by almost absolutely no consideration to small busi- I firmly believe that increasing the minimum $5,000 annually. nesses at all. Small businesses are the back- wage is a necessity to help working people It is wrong to have millions of Americans bone of our economy, providing two thirds of provide for their families. In 6 years of Bush- working full-time and year-round and still living new job creation. They cannot, however, sim- onomics, gas prices have gone out of sight, in poverty. At $5.15 an hour, a full-time min- ply create money out of thin air. A small busi- college tuitions are unaffordable for millions of imum wage worker brings home $10,712 a ness might have been struggling to pay health working families, and the price of homeowner- year—nearly $6,000 below the poverty level care premiums for its workers. With this reso- ship is escaping far too many people. for a family of three. lution, they may well now be unable to do so. The lack of a basic wage increase has put Passing an increase in the minimum wage My Democratic colleagues frequently voice an even greater hardship on the lives of many is the right thing to do and I commend the their strong support for small businesses. I of my constituents—people who are actually work of Chairman GEORGE MILLER and Speak- don’t understand why they cannot then ac- working every day and playing by the rules. er PELOSI for bringing this measure to the floor knowledge that this could be a burden and Just the other day a constituent of mine today. offer some help in the form of tax incentives. from Jackson Heights stated the obvious in

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00039 Fmt 7634 Sfmt 9920 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE H294 CONGRESSIONAL RECORD — HOUSE January 10, 2007 support of a minimum wage increase—an wage over the past 10 years, it hasn’t failed to Economic principles dictate that when gov- honest day’s pay for an honest day’s work. raise its own pay. Since 1997, congressional ernment imposes a minimum wage rate above I completely agree with him. pay has increased $31,600. This is simply un- the market wage rate, it creates a surplus In fact, 90 percent of minimum wage work- justifiable. ‘‘wedge’’ between the supply of labor and the ers in New York City are adults, and two-thirds America is the most prosperous nation in demand for labor, leading to an increase in of them work full-time. Over four out of five the world. It is unconscionable that someone unemployment. Employers cannot simply New York City minimum wage workers are can work full-time and still live in poverty. begin paying more to workers whose marginal people of color: 41 percent are Hispanic, 25 Working full-time, a minimum wage earner will productivity does not meet or exceed the law- percent are Black non-Hispanic, and 16 per- only bring home $10,712 this year. This is imposed wage. The only course of action cent are Asian. $6,000 below the poverty level for a family of available to the employer is to mechanize op- Additionally, while women represent 49 per- three. More than 125,000 Wisconsin workers erations or employ a higher-skilled worker cent of New York City workers, they are 59 would directly benefit from this legislation. whose output meets or exceeds the ‘‘minimum percent of minimum wage workers. It’s clear While it is vital that we help the most vulner- wage.’’ This, of course, has the advantage of minimum wage earnings are vital to many low- able in our society, we must also ensure the giving the skilled worker an additional (and income households in New York City. In fact, livelihood of main street America’s small busi- government-enforced) advantage over the un- 60 percent of increased minimum wage earn- nesses. These small businesses form the cor- skilled worker. For example, where formerly ings would go to the lowest-earning 40 per- nerstone of our economy and are essential to an employer had the option of hiring three un- cent of New York City households. the well-being of our communities. That is why skilled workers at $5 per hour or one skilled Furthermore, with 15.5 percent of my con- it is important that any increase in the min- worker at $16 per hour, a minimum wage of stituents living below poverty, it’s long past imum wage be implemented gradually. $6 suddenly leaves the employer only the due to raise the wages of working people. I believe H.R. 2 accomplishes that by rais- choice of the skilled worker at an additional After raise after raise for Congress and the ing the minimum wage in a manner that will cost of $1 per hour. I would ask my col- White House, it is amazing to me that the Re- help the least fortunate while simultaneously leagues, if the minimum wage is the means to publicans do not think that people who actu- protecting small business owners from sharp prosperity, why stop at $6.65—why not $50, ally work 5 days a week do not deserve a payroll increases. Sixty days after this legisla- $75, or $100 per hour? raise. tion is enacted, the minimum wage would in- Those who are denied employment opportu- That is why I urge my colleagues to support crease to $5.85 per hour. One year later, it nities as a result of the minimum wage are H.R. 2. would rise to $6.55 per hour and reach $7.25 often young people at the lower end of the in- Under the Democrats America really is a year after that. come scale who are seeking entry-level em- going in a new direction—and that direction is The American public supports raising the ployment. Their inability to find an entry-level forward. minimum wage. In November, six States job will limit their employment prospects for Mrs. CHRISTENSEN. Mr. Speaker, I rise passed minimum wage ballot measures. Cur- years to come. Thus, raising the minimum today in support of H.R. 2—increasing the rently, 28 States, including Wisconsin, have wage actually lowers the employment opportu- minimum wage. This is an important piece of minimum wages above the Federal level. The nities and standard of living of the very people legislation and one that has been over due for time has come for Congress to listen to the proponents of the minimum wage claim will many years. The Federal minimum wage has States and the public and pass this important benefit from government intervention in the not been increased in 10 years and the buying and overdue legislation. economy. power of the Federal minimum wage is at its I thank you Mr. Speaker, and urge all of my Furthermore, interfering in the voluntary lowest level in 51 years. colleagues to do the right thing and give transactions of employers and employees in I am proud to say that my district, the US America’s minimum wage earners a well-de- the name of making things better for low wage Virgin Islands, has been ahead of the game served raise. earners violates citizens’ rights of association by increasing the minimum wage to $6.15 an Mr. KILDEE. Mr. Speaker, I rise today in and freedom of contract as if to say to citizens hour last year—the second increase in 2 strong support of H.R. 2, the Fair Minimum ‘‘you are incapable of making employment de- years—affecting more than 14,000 workers in Wage Act of 2007. cisions for yourself in the marketplace.’’ the territory. This increase was supported by The minimum wage has not been increased Mr. Speaker, I do not wish my opposition to private sector leaders, who indicated that they in nearly 10 years and its purchasing power is this bill to be misconstrued as counseling inac- were prepared to take on the wage increase, the lowest it has been in 50 years. tion. Quite the contrary, Congress must enact acknowledging that while the increase does A full-time minimum wage worker earns just an ambitious program of tax cuts and regu- impact business, it was manageable—pur- $10,700 per year, which is $6,000 below the latory reform to remove government-created porting the true American spirit of prosperity Federal poverty level for a family of three. obstacles to job growth. However, Mr. Speak- for all. The bill we consider today will benefit nearly er, opponents of H.R. 2 should not fool them- Minimum wage increase is important to all 7.4 million workers directly, and another 5.6 selves into believing that adding a package of Americans but impacts women by greater pro- million workers indirectly. tax cuts to the bill will compensate for the portions. Two-thirds of workers over age 16 America’s poorest working families must get damage inflicted on small businesses and who work at or below the minimum wage are the raise they need and deserve. their employees by the minimum wage in- women. Studies of low-wage workers show This bill is especially important given the crease. Saying that an increase in the min- that the main beneficiaries of this increase fact that America’s families have seen their imum wage is acceptable if combined with tax would be working women, almost 1 million of real income drop by $1,300 over the past 6 cuts assumes that Congress is omnipotent who are single mothers. The minimum wage years. and thus can strike a perfect balance between increase would help to reduce the overall pay At the same time, the costs of health insur- tax cuts and regulations so that no firm, or gap between women and men. ance, gasoline, home heating and attending worker, in the country is adversely affected by Mr. Speaker, raising the minimum wage will college have increased enormously. Federal policies. If the 20th Century taught us help to raise the income of many low-income Increasing the minimum wage demonstrates anything it was that any and all attempts to families, especially those headed by single our commitment to workers everywhere and centrally plan an economy, especially one as mothers. I urge my colleagues to support H.R. exemplifies the value we place on a hard large and diverse as America’s, are doomed 2 and pass this long overdue increase in our day’s work. to fail. national wages. I urge my colleagues to join me in sup- In conclusion, I would remind my colleagues Mr. KIND. Mr. Speaker, I am proud to stand porting H.R. 2. that while it may make them feel good to raise before you today in support of H.R. 2, the Fair Mr. PAUL. Mr. Speaker, the announced pur- the Federal minimum wage, the real life con- Minimum Wage Act of 2007. It is essential that pose of H.R. 2 is to raise living standards for sequences of this bill will be vested upon we ensure that all Americans are able to all Americans. This is certainly an admirable those who can least afford to be deprived of maintain a decent standard of living, guaran- goal, however, to believe that Congress can work opportunities. Therefore, rather than pre- teed in part by real living wages that reflect to- raise the standard of living for working Ameri- tend that Congress can repeal the economic day’s economic realities. cans by simply forcing employers to pay their principles, I urge my colleagues to reject this With rising health care, energy, and edu- employees a higher wage is equivalent to legislation and instead embrace a program of cation costs, America’s hardworking families claiming that Congress can repeal gravity by tax cuts and regulatory reform to strengthen are being forced to do more with less. While passing a law saying humans shall have the the greatest producer of jobs and prosperity in Congress has failed to raise the minimum ability to fly. human history: the free market.

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Mr. MCGOVERN. Mr. Speaker, after a dec- creases the federal minimum wage without make ends meet at a wage of $5.15 per hour. ade of inaction by the Republican majority, we providing tax relief to America’s small busi- The majority of these workers are adults over stand to vote today on one of the most critical nesses. the age of 20 and over 6 million kids are chil- issues facing working Americans. I support a raise in the federal minimum dren of workers who will be helped by this bill. For years, the chairman of the Education wage. But, raising the minimum wage alone is This proposed increase in the minimum and Labor Committee, Mr. MILLER, led our ef- missed opportunity to help American workers. wage would directly affect approximately forts to bring the minimum wage more in line Minimum wage legislation should include tax 863,000 employees in Texas and at least with this country’s growing cost of living. We benefits for small business owners. The 68,000, or more than 30 percent, of the work- pushed for a clean, up or down vote. But in- Democrat’s bill increases the federal minimum force in my district of El Paso. stead, as the 109th Congress winded down, wage from $5.15-per-hour to $7.25-per-hour I know of many exceptional businesses in El we were presented with a muddled package of over 2 years. This increase amounts to a 41 Paso that have taken the initiative to pay their bills, and once again, the will of the American percent increase to employers. The Democrat employees more than the proposed new min- people was pushed aside to accommodate bill does nothing to help these employers off- imum wage. I applaud them for their leader- corporate interests. set this huge increase—forcing employers to ship, but we can and should do more by pass- ELOSI and So, I must commend Speaker P either reduce the number of people they em- ing legislation to set the standard minimum Majority Leader HOYER for including this min- ploy or pass on the cost to consumers by rais- wage of $7.25 per hour, so we can move clos- imum wage increase in our first 100 hour com- ing their prices. er to ensuring that all workers earn a living mitment to working Americans. For the 6.5 According to the most recent data from the wage for themselves and their families. million minimum wage earners throughout the Small Business Administration, an estimated I ask all my colleagues to join me in sup- country, this bill amounts to an additional 822,000 small businesses operate in my home $4,400 each year. That alone would cover: 15 porting our Nation’s working families by voting state of Michigan. Under the Democrat’s bill, in favor of H.R. 2. months of groceries; over two years of health 822,000 small business owners in Michigan care; and two and a half years of college tui- Mr. STARK. Mr. Speaker, I rise today in can expect to pay 41 percent more over the strong support of H.R. 2, the Fair Minimum tion at a public, 2 year college. next 2 years. In Michigan, where the unem- Ultimately, up to 13 million low-wage work- Wage Act. For far too long, working class ployment rate is tops in the nation, workers Americans have been struggling to make ends ers will be helped by this increase. and employers cannot afford higher taxes and Right now the average CEO of a Fortune meet at $5.15 an hour, a wage that leaves a added layoffs. family of three more than $6,000 below the 500 Company earns $10,712 in 1 hour and 16 Instead of H.R. 2, I support and am a co- minutes. It takes the average minimum wage poverty line. Today we can make a real dif- sponsor of H.R. 324, the Working Families worker 52 40-hour weeks—an entire year to ference in the lives of millions of Americans by Wage & Access to Health Care Act. This bill, earn the same $10,712. That’s wrong, and increasing the minimum wage to $7.25 an authored by my colleagues Mr. MCKEON and we’re going to fix it. hour. Mr. MCCRERY, offers a balanced mix of provi- And, let’s be clear, there is no evidence to In 1997, the last time the minimum wage sions that will raise the wage while softening support the Republican claim that an increase was raised, $5.15 went a lot further than it the financial impact on small businesses who in minimum wage leads to job loss. For proof, does today. A gallon of gas cost $1.27 and a we only need to look at the twenty-eight states hire minimum wage workers. The Working Families Wage & Access to loaf of bread was only $0.88. It may not seem and the District of Columbia that have set min- Health Care Act includes incentives for new to most like $2.29 for a gallon of gas or $1.14 imum wages that are higher than the federal restaurant construction, eliminates the 0.2 per- for a loaf of bread is too much, but tell that to minimum wage. In fact, a May 2006 study re- cent federal unemployment surtax on small the minimum wage worker with gross weekly leased by the Center for American Progress business owners, and extends important small income of only $206. They still have to drive and Policy Matters found that employment in business expensing provisions Republicans to work and put food on the table, which is small businesses grew more than 9.4% in enacted in 2003. Greater expensing limits nearly impossible at $5.15 an hour without states with higher minimum wage; and infla- mean that business owners will have more multiple incomes or a second job. tion-adjusted business payroll growth was over capital to expand, employ more workers, and For years, states have responded to the in- 5% stronger in high minimum wage states. A invest more in their communities. The bill will adequacy of the federal minimum wage by 1998 study by the Economic Policy Institute also provide better health care coverage for passing higher minimum wages. Those states found that unemployment and poverty rates workers. H.R. 324 establishes Small Business haven’t lost employers or faced higher than actually dropped after the last increase in the Health Plans that allow small businesses to normal unemployment because of higher min- federal minimum wage in 1997. band together through associations and pur- imum wages. Small businesses in California, Working Americans are the backbone of our for example, haven’t gone broke because of nation, and this increase is long overdue. I chase quality health care for workers and their families at a lower cost. the high state minimum wage. The argument urge my colleagues on both sides of the aisle that small businesses can’t afford to pay the to join me in supporting this legislation. I urge my colleagues to vote against H.R. 2 and instead support legislation that protects minimum wage is fallacy. Organizations mak- Mr. SHAYS. Mr. Speaker, I rise in support ing that argument are probably paying a lot of H.R. 2, the Fair Minimum Wage Act. America’s workers and promotes continued economic growth. more than $7.25 an hour to their snake oil The time is past due for a raise in the Fed- salesmen. eral minimum wage, which was last increased Mr. REYES. Mr. Speaker, I would like to Some argue that increasing the minimum in 1996. Today, workers making the least thank Congressman GEORGE MILLER for intro- wage is paramount to the government engag- should be heartened that this legislation will ducing this important legislation, and the 213 ing in class warfare. One of the richest men in raise their wages by $2.10 an hour over two members who have joined me as original co- the world, Warren Buffet, doesn’t see it that years to $7.25. sponsors. way. ‘‘There’s class warfare, all right,’’ Mr. Some argue that raising the minimum wage I rise in strong support of H.R. 2, the Fair Buffett said, ‘‘but it’s my class, the rich class, increases unemployment and prices. This is Minimum Wage Act of 2007, which would that’s making war, and we’re winning.’’ Failure true only if the minimum wage is set too high gradually raise the federal minimum wage to to pass a minimum wage increase would be a or phased in too quickly. If done properly, $7.25 per hour over two years. huge victory in the class warfare by the there should be little to no impact on employ- As you know, it has been ten years since wealthy against hard working Americans. ment or prices. we last increased the federal minimum wage, Several economic analyses point to an im- and when adjusted for inflation it is currently at Since 1997, Members of Congress have in- portant dynamic that I believe is at work: its lowest level in 50 years. creased our salaries by 24 percent. We can’t When the minimum wage is increased, people Every single American who commutes to look our hard working constituents in the eye have more of an incentive to work, and less of work has felt the financial pinch of the rising and honestly say we deserve big pay raises an incentive to collect welfare or remain idle. cost of gasoline, and none more so than those and they don’t. Today we can give a raise to It is clear to me that increasing the minimum making minimum wage. According to the U.S. someone other than ourselves for a change wage is a vital step toward ensuring work is Department of Labor, when Congress last and have a positive impact on millions of more attractive than welfare. passed legislation raising the minimum wage, working poor in this country. I strongly urge all Mr. Speaker, I urge the support of this legis- the national average price for gasoline was my colleagues to vote yes on H.R. 2. lation. $1.32 per gallon. Today, the average price of Mr. Speaker, I’d also ask that the following Mr. CAMP of Michigan. Mr. Speaker, I rise gasoline is $2.39 per gallon, and millions of article from the January 10 edition of the today in opposition to the bill before us that in- hard-working Americans are struggling to Washington Post be printed in the RECORD.

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00041 Fmt 7634 Sfmt 9920 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE H296 CONGRESSIONAL RECORD — HOUSE January 10, 2007 MINIMUM WAGE, MAXIMUM MYTH The biggest lie of all is that small busi- Mr. ROSS. Mr. Speaker, I rise today to (By Steven Pearlstein) nesses have created most of the new jobs in share my strong support for raising the federal With Wall Street hot shots and corporate America. This canard, perpetrated by the minimum wage. Today’s legislation would in- small-business lobby and embraced by politi- chiefs raking in obscene amounts of money, crease the existing minimum wage from $5.15 and with pay in the bottom half of the work- cians of both parties, has been used for dec- ades to justify all manner of special sub- to $7.25 an hour over two years. force barely keeping up with inflation, you’d The minimum wage has not increased in think raising the minimum wage for the first sidies for small business. But as economist time in a decade would be a political and Veronique de Rugy of the American Enter- more than nine years which is the longest pe- economic no-brainer for the new Democratic prise Institute reported in a paper last year, riod in the history of the law. The real value Congress. new jobs have been created by both large and of the minimum wage has plummeted to its But you’d be forgetting about Max Baucus. small businesses in roughly the same propor- lowest level in 51 years. Baucus is a Democratic senator from the tion. At the current rate of $5.15 an hour, a full- Republican-leaning state of Montana, which In truth, the bulk of new jobs have always time minimum wage worker brings home means he is on the political equivalent of the been created by a relatively small number of endangered-species list. So you can under- new firms that grow fast and get quite big— $10,712 a year—nearly $6,000 below the pov- stand Baucus’s need to vote with his con- think of companies like Southwest Airlines, erty level for a family of three. Increasing the stituents on things like sugar subsidies and Google, CarMax. Most have little in common minimum wage to $7.25 per hour would ben- gun control and grazing fees on public lands. with the small-business lobby in Washington efit up to 13 million Americans who struggle to But while Baucus is surely entitled to his or fast-food restaurant chains or the mem- raise a family. opinions, and entitled to do what is nec- bers of the Kiwanis Club in Helena, Mont. As Last year the state of Arkansas, along with essary to assure his own political survival, a rule, companies like these couldn’t care varying other states, realized the need for rais- he is not entitled to be chairman of the Sen- less about the minimum wage or special tax ing the minimum wage and did so. Now it is ate Finance Committee, which handles such breaks to offset it. time for the Congress to accept this plan and key Democratic issues as health care, trade Linking the minimum wage to small-busi- and tax policy. That position ought to be re- ness tax breaks is specious for other reasons, move forward with passage of this important served for a statesman with enough political as well. legislation, which can make a real difference confidence and backbone that he isn’t con- During the last decade, when inflation-ad- in the lives of working families across this stantly sacrificing the interests of his party justed pay of minimum-wage workers was country. and his country to the narrow interests of declining, tax rates for small businesses were Mr. RANGEL. Mr. Speaker, I rise today in his subsidy-addicted constituents. also declining, thanks largely to the Bush support of H.R. 2, an increase in the minimum You’d think Baucus would have learned his cuts. If it is now imperative to reduce busi- lesson in 2001, when he won the enmity of wage. It has now been a decade (i.e., 1996) ness taxes when the pay of minimum-wage since the minimum wage was last adjusted for Democrats everywhere by striking the deal workers is rising, you have to wonder if that led to passage of the Bush tax cuts, in- there will ever be a time when the small- inflation. The issue absorbed a considerable cluding the phase-out of the estate tax. Ap- business lobby thinks it doesn’t deserve a amount of attention during the 109th Con- parently not. For on the very day the new tax cut. gress—but no new legislation was adopted. Democratic House is set to push through a It’s also worth noting that, according to Over 25 states (including the District of Co- long-overdue minimum-wage increase, over the Internal Revenue Service, small-business lumbia) have adopted a minimum wage in ex- in the Senate, Baucus has called a hearing owners, sole proprietors and the self-em- cess of the federal rate. on how to offset the ‘‘economic hardship’’ ployed are, as a group, the biggest tax cheats The current Federal minimum wage rate caused by the higher minimum wage with in America, responsible for $153 billion of the yet another round of business tax breaks. leaves full-time workers in poverty. Thirty- estimated $345 billion tax gap in 2001. What seven million Americans live in poverty Consider, for a moment, the economic these folks deserve are more frequent visits logic that lies behind Baucus’s hearing this from IRS auditors, not more tax breaks. today—an increase of 5.4 million since 2001. morning, when senators will hear from a Real Democrats know that raising the Many of these individuals are full-time, full- panel of witnesses that includes Dave minimum wage is the right thing to do—eco- year hard working Americans who are unable Ratner, owner of Dave’s Soda & Pet City in nomically, politically, morally. The question to lift themselves out of poverty because of Agawam, Mass. is why they have chosen a Senate Finance No doubt Ratner and the others will point the declining value of the federal minimum chairman who can’t articulate that position out that workers making at or near the fed- wage. Minimum wage earners working 40 without equivocation or apology even before eral minimum wage are nearly all employed hours per week, 52 weeks per year make the first vote is cast. by small businesses. We will hear all the sob $10,712—nearly $6,000 below the poverty line stories about how struggling small busi- Ms. EDDIE-BERNICE JOHNSON of Texas. for a family of three. nesses with thin margins will be forced to Mr. Speaker, I rise today alongside my col- Today, the value of minimum wage as a cut back on hiring, pull back on expansion leagues from the Women’s Caucus to support percentage of poverty has fallen to its lowest plans and, in some instances, close their this increase to the federal minimum wage. level on record—going way back to 1959. doors. Moreover, this won’t be a tragedy just Nearly two-thirds of all minimum wage work- Earnings for full-year, full-time minimum wage for small-business owners and employees but ers are women. for the economy as a whole, since everybody work now equal less than 70 percent of the knows that small business creates virtually And it’s women that represent the majority poverty level for a family of three. all new jobs. Only another round of tax of working poor in this country. Increasing the federal minimum wage would breaks can keep the great American jobs ma- The working poor are Americans who work also raise the wages of low-income working chine humming. 40 hours or more a week, but can’t afford families in general, not just those who fall And here’s the thing: Most of it is non- basic necessities. below the official poverty line. Many families sense. Each day, the working poor are faced with To begin, both economic theory and his- move in and out of poverty, and near-poor tory suggest that small business will, in the decision of having to choose between: families are also important beneficiaries of time, pass on its increased costs to its con- food, clothing, shelter, medicine, and utility minimum wage increases. In addition, raising sumers. Small businesses that pay low wages bills. the minimum wage will have a positive effect tend to compete with other small businesses No American who works hard for a living on lives of women and other minorities in this that pay low wages, so they will all face the should have to make these types of choices. country. same cost pressures and respond in similar Mr. Speaker, more than 9 million women will Over one-half of workers paid less than fashion. The worst that can be said is that a benefit from this proposed increase to the min- $7.25 an hour lived in families with incomes of higher minimum wage will add, very mod- imum wage. $40,000 or less. According to CRS estimates estly, to overall inflation. There is also general agreement among These aren’t just teenagers working part- of low-wage workers in families with incomes economists that a higher minimum wage, at time either. of $40,000 or less were spouses in married- the levels we are talking about, will have a Most of these workers are actually hard- couple families (with or without children). minimal impact on adult employment. working disadvantaged adults. Four million are Some 13.4 percent were single parents. An- Slightly higher prices might reduce, slight- parents. other 11.9 percent were teenagers. Hourly ly, the demand for Wendy’s hamburgers, This isn’t simply an economic issue, it’s an workers who earned less than $7.25 an hour cheap hotel rooms and dog-walking services. ethical and moral issue. in 2005 were more likely to live in poor fami- But largely offsetting those effects will be the increased demand for goods and services We cannot continue to look away while hard lies compared to workers paid at least $7.25 by tens of millions of Americans who will fi- working Americans linger in poverty. an hour (18.1 percent versus 6.0 percent). nally be getting a raise. A higher minimum I urge my colleagues to support these hard- Women were overrepresented among low- wage doesn’t lower economic activity so working women and men by raising the fed- wage workers in 2005: almost 7 million of the much as rearrange it slightly. eral minimum wage. more than 11 million hourly workers who

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00042 Fmt 7634 Sfmt 9920 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE January 10, 2007 CONGRESSIONAL RECORD — HOUSE H297 earned under $7.25 an hour were women make only $10,712 a year, nearly $6,000 today, H.R. 2, does not preempt Guam law for (60.1 percent); in contrast, women accounted below the poverty level for a family of three. tipped employees as minimum wage increase for a smaller share of all hourly workers While some States, such as Connecticut, have legislation that was considered on this floor in (50.2%). Further, Hispanic women were two already taken action to raise their minimum the last Congress proposed. Current Guam times as likely as Hispanic men to earn $5.15 wage, many more States still fall short of pro- law requires employers to pay their employees per hour or less. viding our hardest working Americans with the the local minimum wage and, on top of that, It also appears that relatively more working income they need to make ends meet. to allow them to keep the tips they receive women than men might gain from a higher In a Nation of abundant wealth and pros- from customers. Deferring to local Guam law federal minimum wage. An increase in the perity, we simply cannot be indifferent to the that sets a standard minimum wage on our is- minimum wage would greatly benefit about 33 challenges faced by those struggling to make land and that applies to all wage earners, percent of African-American or Hispanic ends meet. This vote today sends the clear whether or not they are working in a tradition- women. message that this Congress will be committed ally tipped field, is important to our workforce Over the last five years, the number of Afri- to America’s working families. Passage of and especially important to the employees of can Americans living in poverty has grown by H.R. 2 is a critical step towards ensuring that our visitor industry. every American is able to earn a real living 1.5 million, and the real median household in- On July 18, 2006, local legislation was en- come of African American families is down wage. Ms. BORDALLO. Mr. Speaker, I rise today acted on Guam to increase the minimum $2,676. Increasing the minimum wage to wage from $5.15 per hour to $5.75 per hour $7.25 an hour would affect more than 2.1 mil- in support of H.R. 2, the Fair Minimum Wage Act of 2007, which proposes to increase the by July 1, 2007. The legislation on the floor lion hardworking African Americans in the min- today would effectively raise this minimum imum wage. national minimum wage by a modest, but sig- nificant $2.10 over the course of roughly 2 wage by another 10 cents within 60 days after Over the last five years, the number of His- its enactment. Over 1,600 workers would re- panic Americans living in poverty has grown years. I urge my colleagues to vote in favor of this legislation for three basic and important ceive an immediate and direct boost in their by more than 1.6 million and the real median wages as a result of this increase according to household income of Hispanic American fami- reasons. First, an increase in the national minimum local wage statistics compiled by the Guam lies is down $1,631. Over 2.3 million out of wage will help bring a sense of dignity in the Department of Labor. Passage of this legisla- 12.5 million Hispanics employed on an hourly lives of the lowest wage earners and their tion will allow our island’s workforce, espe- basis—or almost one in five earned less than families in our country. American workers de- cially those earning the minimum wage, to bet- $7.25 an hour in 2005. Hispanics comprised serve to earn fair, decent, and livable wages ter meet their families’ needs. the largest share of workers paid below $7.25 for their hard and honest labor. They deserve One’s work is something of which one an hour than they did of all hourly workers in to earn wages that enable them to cope with should be proud. It is also something for which 2005. Raising the minimum wage to $7.25 an the costs of the basic necessities in life. Na- one should be fairly compensated. The effort hour would have a positive effect on the lives tional labor statistics reveal that income levels to raise the federal minimum wage require- of more than 2.3 million hardworking Hispanic for millions of American workers and their fam- ment is a strong signal of our support and rec- Americans. ilies across every State and territory in the ognition of those workers who earn the min- Over the last five years, the number of country have not kept pace with rising costs of imum wage and the contributions their work Asian American/Pacific Islanders living in pov- home ownership, food, health insurance, gas- has for our society. Congress is overdue in erty has grown by 243,000 and the real me- oline, home heating, and college tuition. Set- fulfilling this responsibility to America’s work- dian household income of Asian American/Pa- ting a national minimum wage that reflects this ers. I encourage continued bipartisan support cific Islander families is down $2,157. Lifting reality and that will give families an income for this effort to improve the economic pros- the minimum wage to $7.25 an hour would from which they can afford the basic neces- pects of and livelihoods for America’s work- have a positive effect on the lives of an esti- sities in life is a national priority that this Con- force. mated 280,000 hardworking Asian American gress will act on today. The current national I also encourage continued review and con- workers. minimum wage of $5.15 does not measure up Over one-half of hourly workers paid below sultation with local government on one par- to the principle of ensuring hardworking Ameri- ticular aspect of this legislation as it is consid- the proposed federal minimum wage were be- cans receive a livable wage. tween 16 and 24 years old. A substantial per- ered in the remaining steps of the legislative Second, an increase in the national min- process. I note that the legislation on the floor centage of young workers might be affected imum wage is overdue. The last increase was directly if the minimum wage increases. Nearly today proposes to apply the national minimum over 9 years ago in September 1997. The wage, for the first time in its history, to the three out of five teenagers paid an hourly time that has passed since this last increase wage might see their earnings increase if the Commonwealth of the Northern Mariana Is- represents the longest period in American his- lands (CNMI), which neighbors Guam. This is federal standard goes to $7.25 per hour. tory in which the national minimum wage has We must do more to support families living a significant proposal that should be carefully remained stagnant. Passage of this legislation evaluated, especially in terms of its implemen- in poverty and those who are vulnerable to today would be timely in the fact that it would falling into poverty. Increasing the wages is an tation and consequences for the economy in set forth incremental increases over a 26– the CNMI and the economy on Guam. The bill important step toward reducing the high levels month period to raise the national minimum of poverty in this nation. proposes to increase the current minimum wage from $5.15 to $7.25. wage in the CNMI from $3.05 to $7.25 through Mr. LARSON of Connecticut. Mr. Speaker, I Last, raising the national minimum wage not eight individual incremental increases of fifty rise today in strong support of H.R. 2, legisla- only enjoys broad, bipartisan support in Con- cents made over the course of four years. tion that will fulfill our promise to America’s gress, but also enjoys support from among av- working families by providing a long awaited erage Americans. A majority of voters in six The economy in the CNMI is interlinked with increase in the federal minimum wage. States agreed to measures on their ballots in the economy on Guam. There will be unique Passage of this bill today will increase the November 2006 that raised the minimum challenges associated with implementing the minimum wage for the first time in nearly a wage in their State, for instance. Also, workers ambitious schedule of increases to the min- decade, from $5.15 to $7.25 per hour over 2 in 28 States and the District of Columbia earn imum wage in the CNMI. A possible rise in un- years. Inflation and increased demands on the a minimum wage that is above the current employment and subsequent possible enroll- wallets of American families have steadily minimum wage provided for by Federal law. ment increases for social services and cor- chipped away at the purchasing power of our An effort to raising the minimum wage earned responding budgetary impacts for the Govern- Nation’s minimum wage earners, and the fail- by American workers, moreover, is supported ment of the CNMI and the Government of ure of the previous Congress to take action by many labor, religious, and civil rights orga- Guam as a result of a federally mandated, ag- has left the federal minimum wage at its low- nizations from across the country. Support for gressive rise in the minimum wage in the est value in more than half a century. increasing the national minimum wage can CNMI are of concern to me and to local offi- This legislation is critical at a time when also be found in my community on Guam. A cials. I share in the belief that the workers in America’s families have seen their real income resolution was introduced in the 29th Guam the CNMI deserve a fair wage. I, however, drop by almost $1,300 since 2000, while the Legislature this week, which carries the sup- also believe that more coordination with local costs of health insurance, gasoline, home port of all Democratic members of the Guam officials in the CNMI on specific provision heating, and attending college have increased Legislature, in support of this legislation. should be undertaken. by almost $5,000 annually. At the current I am especially encouraged by the fact that The Resident Representative of CNMI, the level, a full-time minimum wage worker will the legislation we are considering on the floor Honorable Pedro A. Tenorio, and other locally

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00043 Fmt 7634 Sfmt 9920 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE H298 CONGRESSIONAL RECORD — HOUSE January 10, 2007 elected officials of the CNMI have asked Con- The bill was ordered to be engrossed ‘‘PART 8—RULES GOVERNING gress to consider other options that may in- and read a third time, and was read the ASSOCIATION HEALTH PLANS clude a more realistic schedule of increments third time. ‘‘SEC. 801. ASSOCIATION HEALTH PLANS. or a federal wage review board to determine MOTION TO RECOMMIT OFFERED BY MR. MCKEON ‘‘(a) IN GENERAL.—For purposes of this part, the term ‘association health plan’ the timing and levels of incremental increases Mr. MCKEON. Mr. Speaker, I offer a means a group health plan whose sponsor is to the minimum wage in the CNMI. These pro- motion to recommit. posals are designed to take into account the (or is deemed under this part to be) described The SPEAKER pro tempore. Is the in subsection (b). consequences for the economy of the CNMI of gentleman opposed to the bill? ‘‘(b) SPONSORSHIP.—The sponsor of a group increasing the minimum wage. It is important Mr. MCKEON. I am. health plan is described in this subsection if to consider the economic stability that is need- The SPEAKER pro tempore. The such sponsor— ed to support jobs and job growth overall in Clerk will report the motion to recom- ‘‘(1) is organized and maintained in good the territory. I support alternatives that would mit. faith, with a constitution and bylaws specifi- help to mitigate the adverse impact that may The Clerk read as follows: cally stating its purpose and providing for occur with the implementation of the federal periodic meetings on at least an annual minimum wage in the CNMI and I hope that Mr. McKeon moves to recommit the bill basis, as a bona fide trade association, a this issue could be reviewed in conference on (H.R. 2) to the Committee on Education and bona fide industry association (including a Labor with instructions to report the bill rural electric cooperative association or a this legislation. rural telephone cooperative association), a I take this opportunity to note the continued back to the House forthwith with the fol- lowing amendments: bona fide professional association, or a bona absence of representation in this body for the fide chamber of commerce (or similar bona American citizens of the CNMI, and to call at- Strike section 1 and insert the following: fide business association, including a cor- tention to the need for such representation. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. poration or similar organization that oper- Legislation to grant the people of the CNMI a (a) SHORT TITLE.—This Act may be cited as ates on a cooperative basis (within the mean- representative in this House has been intro- the ‘‘Working Families Wage and Access to ing of section 1381 of the Internal Revenue duced in this body in each of the last six Con- Health Care Act’’. Code of 1986)), for substantial purposes other gresses. (b) TABLE OF CONTENTS.—The table of con- than that of obtaining or providing medical The House considers difficult issues regard- tents for this Act is as follows: care; Sec. 1. Short title; table of contents. ‘‘(2) is established as a permanent entity ing the CNMI, such as presented in the legis- which receives the active support of its TITLE I—MINIMUM WAGE lation before us today. This is precisely an ex- members and requires for membership pay- ample of why both this House and the people Sec. 101. Minimum wage. ment on a periodic basis of dues or payments of the CNMI would benefit greatly from having Sec. 102. Applicability of minimum wage to necessary to maintain eligibility for mem- a representative from the CNMI seated in this the Commonwealth of the bership in the sponsor; and body. There are many issues with regard to Northern Mariana Islands. ‘‘(3) does not condition membership, such the CNMI that deserve to be addressed by TITLE II—ASSOCIATION HEALTH PLANS dues or payments, or coverage under the this Congress, and that inevitably will be taken Sec. 201. Short title; table of contents. plan on the basis of health status-related up in the weeks and months ahead in com- Sec. 202. Rules governing association health factors with respect to the employees of its plans. members (or affiliated members), or the de- mittee and on the floor of this body. These pendents of such employees, and does not issues and the need to address them, when Sec. 203. Clarification of treatment of single employer arrangements. condition such dues or payments on the basis taken together, point to the need for a Dele- Sec. 204. Enforcement provisions relating to of group health plan participation. gate in Congress from the CNMI to represent association health plans. Any sponsor consisting of an association of the people of the CNMI during these important Sec. 205. Cooperation between Federal and entities which meet the requirements of deliberations. State authorities. paragraphs (1), (2), and (3) shall be deemed to I strongly believe that Congress should pro- Sec. 206. Effective date and transitional and be a sponsor described in this subsection. vide the CNMI a seat in this body. Represen- other rules. ‘‘SEC. 802. CERTIFICATION OF ASSOCIATION tation should not be contingent upon good be- TITLE III—TAX INCENTIVES FOR SMALL HEALTH PLANS. havior by former or current elected officials. BUSINESS ‘‘(a) IN GENERAL.—The applicable author- ity shall prescribe by regulation a procedure Representation also should not be contingent Sec. 301. Increased expensing for small busi- under which, subject to subsection (b), the upon the specific policy positions held by ness. applicable authority shall certify association former or current elected officials. Rather, rep- Sec. 302. Depreciable restaurant property to health plans which apply for certification as resentation for Americans in this House has, include new construction. meeting the requirements of this part. Sec. 303. Repeal of Federal Unemployment and should remain, based upon the traditions ‘‘(b) STANDARDS.—Under the procedure pre- Surtax. of American democracy and fairness. Rep- scribed pursuant to subsection (a), in the resentation in American democracy is an in- Redesignate sections 2 and 3 as sections 101 case of an association health plan that pro- and 102, respectively, and insert before such vides at least one benefit option which does alienable right for American citizens and not sections the following: one that is contingent upon a litmus test. Un- not consist of health insurance coverage, the TITLE I—MINIMUM WAGE applicable authority shall certify such plan fortunately, today, this House will vote on this as meeting the requirements of this part legislation without the people of the CNMI At the end of the bill, insert the following: only if the applicable authority is satisfied having been afforded the democratic right of TITLE II—ASSOCIATION HEALTH PLANS that the applicable requirements of this part representation in this body to represent them are met (or, upon the date on which the plan and their views. SEC. 201. SHORT TITLE; TABLE OF CONTENTS. is to commence operations, will be met) with Inevitably, the challenges associated with (a) SHORT TITLE.—This title may be cited respect to the plan. as the ‘‘Small Business Health Fairness Act these difficult issues and that relate to the ap- ‘‘(c) REQUIREMENTS APPLICABLE TO CER- of 2007’’. TIFIED PLANS.—An association health plan plicability of federal law to the CNMI will never (b) TABLE OF CONTENTS.—The table of con- be overcome in a fair and equitable manner with respect to which certification under tents for this title is as follows: this part is in effect shall meet the applica- until such time as the Congress affords the Sec. 201. Short title; table of contents. ble requirements of this part, effective on people of the CNMI a voice in the legislative Sec. 202. Rules governing association health the date of certification (or, if later, on the process. I urge this House to adopt H.R. 2, to plans. date on which the plan is to commence oper- continue to examine carefully in the legislative Sec. 203. Clarification of treatment of single ations). process its consequences for the economies employer arrangements. ‘‘(d) REQUIREMENTS FOR CONTINUED CER- of the CNMI and Guam, and to move in the Sec. 204. Enforcement provisions relating to TIFICATION.—The applicable authority may near future to adopt legislation that would association health plans. provide by regulation for continued certifi- allow for a Delegate from the CNMI to be Sec. 205. Cooperation between Federal and cation of association health plans under this State authorities. part. seated in this body. Sec. 206. Effective date and transitional and The SPEAKER pro tempore. All time ‘‘(e) CLASS CERTIFICATION FOR FULLY IN- other rules. SURED PLANS.—The applicable authority for debate has expired. SEC. 202. RULES GOVERNING ASSOCIATION shall establish a class certification proce- Pursuant to section 508 of House Res- HEALTH PLANS. dure for association health plans under olution 6, the bill is considered read (a) IN GENERAL.—Subtitle B of title I of the which all benefits consist of health insurance and the previous question is ordered. Employee Retirement Income Security Act coverage. Under such procedure, the applica- The question is on the engrossment of 1974 is amended by adding after part 7 the ble authority shall provide for the granting and third reading of the bill. following new part: of certification under this part to the plans

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in each class of such association health plans ‘‘(II) LIMITED EXCEPTION FOR PROVIDERS OF ‘‘(2) during the 12-month period preceding upon appropriate filing under such procedure SERVICES SOLELY ON BEHALF OF THE SPON- the date of the offering of such coverage, the in connection with plans in such class and SOR.—Officers or employees of a sponsor affiliated member has not maintained or payment of the prescribed fee under section which is a service provider (other than a con- contributed to a group health plan with re- 807(a). tract administrator) to the plan may be spect to any of its employees who would oth- ‘‘(f) CERTIFICATION OF SELF-INSURED ASSO- members of the board if they constitute not erwise be eligible to participate in such asso- CIATION HEALTH PLANS.—An association more than 25 percent of the membership of ciation health plan. health plan which offers one or more benefit the board and they do not provide services to ‘‘(c) INDIVIDUAL MARKET UNAFFECTED.—The options which do not consist of health insur- the plan other than on behalf of the sponsor. requirements of this subsection are met with ance coverage may be certified under this ‘‘(III) TREATMENT OF PROVIDERS OF MEDICAL respect to an association health plan if, part only if such plan consists of any of the CARE.—In the case of a sponsor which is an under the terms of the plan, no participating following: association whose membership consists pri- employer may provide health insurance cov- ‘‘(1) a plan which offered such coverage on marily of providers of medical care, sub- erage in the individual market for any em- the date of the enactment of the Small Busi- clause (I) shall not apply in the case of any ployee not covered under the plan which is ness Health Fairness Act of 2007, service provider described in subclause (I) similar to the coverage contemporaneously ‘‘(2) a plan under which the sponsor does who is a provider of medical care under the provided to employees of the employer under not restrict membership to one or more plan. the plan, if such exclusion of the employee trades and businesses or industries and ‘‘(iii) CERTAIN PLANS EXCLUDED.—Clause (i) from coverage under the plan is based on a whose eligible participating employers rep- shall not apply to an association health plan health status-related factor with respect to resent a broad cross-section of trades and which is in existence on the date of the en- the employee and such employee would, but businesses or industries, or actment of the Small Business Health Fair- for such exclusion on such basis, be eligible ‘‘(3) a plan whose eligible participating em- ness Act of 2007. for coverage under the plan. ployers represent one or more trades or busi- ‘‘(B) SOLE AUTHORITY.—The board has sole ‘‘(d) PROHIBITION OF DISCRIMINATION nesses, or one or more industries, consisting authority under the plan to approve applica- AGAINST EMPLOYERS AND EMPLOYEES ELIGI- of any of the following: agriculture; equip- tions for participation in the plan and to BLE TO PARTICIPATE.—The requirements of ment and automobile dealerships; barbering contract with a service provider to admin- this subsection are met with respect to an and cosmetology; certified public accounting ister the day-to-day affairs of the plan. association health plan if— practices; child care; construction; dance, ‘‘(c) TREATMENT OF FRANCHISE NET- ‘‘(1) under the terms of the plan, all em- theatrical and orchestra productions; dis- WORKS.—In the case of a group health plan ployers meeting the preceding requirements infecting and pest control; financial services; which is established and maintained by a of this section are eligible to qualify as par- fishing; food service establishments; hos- franchiser for a franchise network consisting ticipating employers for all geographically pitals; labor organizations; logging; manu- of its franchisees— available coverage options, unless, in the facturing (metals); mining; medical and den- ‘‘(1) the requirements of subsection (a) and case of any such employer, participation or tal practices; medical laboratories; profes- section 801(a) shall be deemed met if such re- contribution requirements of the type re- sional consulting services; sanitary services; quirements would otherwise be met if the ferred to in section 2711 of the Public Health transportation (local and freight); franchiser were deemed to be the sponsor re- Service Act are not met; warehousing; wholesaling/distributing; or ferred to in section 801(b), such network were ‘‘(2) upon request, any employer eligible to any other trade or business or industry deemed to be an association described in sec- participate is furnished information regard- which has been indicated as having average tion 801(b), and each franchisee were deemed ing all coverage options available under the or above-average risk or health claims expe- to be a member (of the association and the plan; and rience by reason of State rate filings, denials sponsor) referred to in section 801(b); and ‘‘(3) the applicable requirements of sec- of coverage, proposed premium rate levels, ‘‘(2) the requirements of section 804(a)(1) tions 701, 702, and 703 are met with respect to or other means demonstrated by such plan in shall be deemed met. the plan. accordance with regulations. The Secretary may by regulation define for ‘‘SEC. 803. REQUIREMENTS RELATING TO SPON- purposes of this subsection the terms ‘fran- ‘‘SEC. 805. OTHER REQUIREMENTS RELATING TO SORS AND BOARDS OF TRUSTEES. chiser’, ‘franchise network’, and ‘franchisee’. PLAN DOCUMENTS, CONTRIBUTION RATES, AND BENEFIT OPTIONS. ‘‘(a) SPONSOR.—The requirements of this ‘‘SEC. 804. PARTICIPATION AND COVERAGE RE- subsection are met with respect to an asso- QUIREMENTS. ‘‘(a) IN GENERAL.—The requirements of this ciation health plan if the sponsor has met (or ‘‘(a) COVERED EMPLOYERS AND INDIVID- section are met with respect to an associa- is deemed under this part to have met) the UALS.—The requirements of this subsection tion health plan if the following require- requirements of section 801(b) for a contin- are met with respect to an association ments are met: uous period of not less than 3 years ending health plan if, under the terms of the plan— ‘‘(1) CONTENTS OF GOVERNING INSTRU- with the date of the application for certifi- ‘‘(1) each participating employer must be— MENTS.—The instruments governing the plan cation under this part. ‘‘(A) a member of the sponsor, include a written instrument, meeting the ‘‘(b) BOARD OF TRUSTEES.—The require- ‘‘(B) the sponsor, or requirements of an instrument required ments of this subsection are met with re- ‘‘(C) an affiliated member of the sponsor under section 402(a)(1), which— spect to an association health plan if the fol- with respect to which the requirements of ‘‘(A) provides that the board of trustees lowing requirements are met: subsection (b) are met, serves as the named fiduciary required for ‘‘(1) FISCAL CONTROL.—The plan is oper- except that, in the case of a sponsor which is plans under section 402(a)(1) and serves in ated, pursuant to a trust agreement, by a a professional association or other indi- the capacity of a plan administrator (re- board of trustees which has complete fiscal vidual-based association, if at least one of ferred to in section 3(16)(A)); control over the plan and which is respon- the officers, directors, or employees of an ‘‘(B) provides that the sponsor of the plan sible for all operations of the plan. employer, or at least one of the individuals is to serve as plan sponsor (referred to in sec- ‘‘(2) RULES OF OPERATION AND FINANCIAL who are partners in an employer and who ac- tion 3(16)(B)); and CONTROLS.—The board of trustees has in ef- tively participates in the business, is a mem- ‘‘(C) incorporates the requirements of sec- fect rules of operation and financial con- ber or such an affiliated member of the spon- tion 806. trols, based on a 3-year plan of operation, sor, participating employers may also in- ‘‘(2) CONTRIBUTION RATES MUST BE NON- adequate to carry out the terms of the plan clude such employer; and DISCRIMINATORY.— and to meet all requirements of this title ap- ‘‘(2) all individuals commencing coverage ‘‘(A) The contribution rates for any par- plicable to the plan. under the plan after certification under this ticipating small employer do not vary on the ‘‘(3) RULES GOVERNING RELATIONSHIP TO part must be— basis of any health status-related factor in PARTICIPATING EMPLOYERS AND TO CONTRAC- ‘‘(A) active or retired owners (including relation to employees of such employer or TORS.— self-employed individuals), officers, direc- their beneficiaries and do not vary on the ‘‘(A) BOARD MEMBERSHIP.— tors, or employees of, or partners in, partici- basis of the type of business or industry in ‘‘(i) IN GENERAL.—Except as provided in pating employers; or which such employer is engaged. clauses (ii) and (iii), the members of the ‘‘(B) the beneficiaries of individuals de- ‘‘(B) Nothing in this title or any other pro- board of trustees are individuals selected scribed in subparagraph (A). vision of law shall be construed to preclude from individuals who are the owners, offi- ‘‘(b) COVERAGE OF PREVIOUSLY UNINSURED an association health plan, or a health insur- cers, directors, or employees of the partici- EMPLOYEES.—In the case of an association ance issuer offering health insurance cov- pating employers or who are partners in the health plan in existence on the date of the erage in connection with an association participating employers and actively partici- enactment of the Small Business Health health plan, from— pate in the business. Fairness Act of 2007, an affiliated member of ‘‘(i) setting contribution rates based on the ‘‘(ii) LIMITATION.— the sponsor of the plan may be offered cov- claims experience of the plan; or ‘‘(I) GENERAL RULE.—Except as provided in erage under the plan as a participating em- ‘‘(ii) varying contribution rates for small subclauses (II) and (III), no such member is ployer only if— employers in a State to the extent that such an owner, officer, director, or employee of, or ‘‘(1) the affiliated member was an affiliated rates could vary using the same method- partner in, a contract administrator or other member on the date of certification under ology employed in such State for regulating service provider to the plan. this part; or premium rates in the small group market

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE H300 CONGRESSIONAL RECORD — HOUSE January 10, 2007 with respect to health insurance coverage of- count the specific circumstances of the plan; (a)(2)(B)(iii)), such security, guarantee, hold- fered in connection with bona fide associa- and harmless arrangement, or other financial ar- tions (within the meaning of section ‘‘(B) establishes and maintains aggregate rangement as the applicable authority deter- 2791(d)(3) of the Public Health Service Act), and specific excess/stop loss insurance and mines to be adequate to enable the plan to subject to the requirements of section 702(b) solvency indemnification, with respect to fully meet all its financial obligations on a relating to contribution rates. such additional benefit options for which timely basis and is otherwise no less protec- ‘‘(3) FLOOR FOR NUMBER OF COVERED INDI- risk of loss has not yet been transferred, as tive of the interests of participants and bene- VIDUALS WITH RESPECT TO CERTAIN PLANS.—If follows: ficiaries than the requirements for which it any benefit option under the plan does not ‘‘(i) The plan shall secure aggregate excess/ is substituted. The applicable authority may consist of health insurance coverage, the stop loss insurance for the plan with an at- take into account, for purposes of this sub- plan has as of the beginning of the plan year tachment point which is not greater than 125 section, evidence provided by the plan or not fewer than 1,000 participants and bene- percent of expected gross annual claims. The sponsor which demonstrates an assumption ficiaries. applicable authority may by regulation pro- of liability with respect to the plan. Such ‘‘(4) MARKETING REQUIREMENTS.— vide for upward adjustments in the amount evidence may be in the form of a contract of ‘‘(A) IN GENERAL.—If a benefit option which of such percentage in specified cir- consists of health insurance coverage is of- cumstances in which the plan specifically indemnification, lien, bonding, insurance, fered under the plan, State-licensed insur- provides for and maintains reserves in excess letter of credit, recourse under applicable ance agents shall be used to distribute to of the amounts required under subparagraph terms of the plan in the form of assessments small employers coverage which does not (A). of participating employers, security, or consist of health insurance coverage in a ‘‘(ii) The plan shall secure specific excess/ other financial arrangement. manner comparable to the manner in which stop loss insurance for the plan with an at- ‘‘(f) MEASURES TO ENSURE CONTINUED PAY- such agents are used to distribute health in- tachment point which is at least equal to an MENT OF BENEFITS BY CERTAIN PLANS IN DIS- surance coverage. amount recommended by the plan’s qualified TRESS.— ‘‘(B) STATE-LICENSED INSURANCE AGENTS.— actuary. The applicable authority may by ‘‘(1) PAYMENTS BY CERTAIN PLANS TO ASSO- For purposes of subparagraph (A), the term regulation provide for adjustments in the CIATION HEALTH PLAN FUND.— ‘State-licensed insurance agents’ means one amount of such insurance in specified cir- ‘‘(A) IN GENERAL.—In the case of an asso- or more agents who are licensed in a State cumstances in which the plan specifically ciation health plan described in subsection and are subject to the laws of such State re- provides for and maintains reserves in excess (a)(2), the requirements of this subsection lating to licensure, qualification, testing, ex- of the amounts required under subparagraph are met if the plan makes payments into the amination, and continuing education of per- (A). Association Health Plan Fund under this sons authorized to offer, sell, or solicit ‘‘(iii) The plan shall secure indemnification subparagraph when they are due. Such pay- health insurance coverage in such State. insurance for any claims which the plan is ments shall consist of annual payments in ‘‘(5) REGULATORY REQUIREMENTS.—Such unable to satisfy by reason of a plan termi- the amount of $5,000, and, in addition to such other requirements as the applicable author- nation. annual payments, such supplemental pay- ity determines are necessary to carry out Any person issuing to a plan insurance de- ments as the Secretary may determine to be the purposes of this part, which shall be pre- scribed in clause (i), (ii), or (iii) of subpara- necessary under paragraph (2). Payments scribed by the applicable authority by regu- graph (B) shall notify the Secretary of any under this paragraph are payable to the lation. failure of premium payment meriting can- Fund at the time determined by the Sec- ‘‘(b) ABILITY OF ASSOCIATION HEALTH PLANS cellation of the policy prior to undertaking retary. Initial payments are due in advance TO DESIGN BENEFIT OPTIONS.—Subject to sec- such a cancellation. Any regulations pre- of certification under this part. Payments tion 514(d), nothing in this part or any provi- scribed by the applicable authority pursuant shall continue to accrue until a plan’s assets sion of State law (as defined in section to clause (i) or (ii) of subparagraph (B) may are distributed pursuant to a termination allow for such adjustments in the required 514(c)(1)) shall be construed to preclude an procedure. association health plan, or a health insur- levels of excess/stop loss insurance as the ‘‘(B) PENALTIES FOR FAILURE TO MAKE PAY- ance issuer offering health insurance cov- qualified actuary may recommend, taking MENTS.—If any payment is not made by a into account the specific circumstances of erage in connection with an association plan when it is due, a late payment charge of health plan, from exercising its sole discre- the plan. not more than 100 percent of the payment tion in selecting the specific items and serv- ‘‘(b) MINIMUM SURPLUS IN ADDITION TO which was not timely paid shall be payable ices consisting of medical care to be included CLAIMS RESERVES.—In the case of any asso- by the plan to the Fund. as benefits under such plan or coverage, ex- ciation health plan described in subsection ‘‘(C) CONTINUED DUTY OF THE SECRETARY.— cept (subject to section 514) in the case of (1) (a)(2), the requirements of this subsection The Secretary shall not cease to carry out any law to the extent that it is not pre- are met if the plan establishes and maintains the provisions of paragraph (2) on account of empted under section 731(a)(1) with respect surplus in an amount at least equal to— the failure of a plan to pay any payment to matters governed by section 711, 712, or ‘‘(1) $500,000, or when due. 713, or (2) any law of the State with which ‘‘(2) such greater amount (but not greater ‘‘(2) PAYMENTS BY SECRETARY TO CONTINUE filing and approval of a policy type offered than $2,000,000) as may be set forth in regula- EXCESS/STOP LOSS INSURANCE COVERAGE AND by the plan was initially obtained to the ex- tions prescribed by the applicable authority, INDEMNIFICATION INSURANCE COVERAGE FOR tent that such law prohibits an exclusion of considering the level of aggregate and spe- CERTAIN PLANS.—In any case in which the ap- a specific disease from such coverage. cific excess/stop loss insurance provided with plicable authority determines that there is, ‘‘SEC. 806. MAINTENANCE OF RESERVES AND respect to such plan and other factors re- PROVISIONS FOR SOLVENCY FOR lated to solvency risk, such as the plan’s pro- or that there is reason to believe that there PLANS PROVIDING HEALTH BENE- jected levels of participation or claims, the will be: (A) a failure to take necessary cor- FITS IN ADDITION TO HEALTH IN- nature of the plan’s liabilities, and the types rective actions under section 809(a) with re- SURANCE COVERAGE. of assets available to assure that such liabil- spect to an association health plan described ‘‘(a) IN GENERAL.—The requirements of this ities are met. in subsection (a)(2); or (B) a termination of section are met with respect to an associa- ‘‘(c) ADDITIONAL REQUIREMENTS.—In the such a plan under section 809(b) or 810(b)(8) tion health plan if— case of any association health plan described (and, if the applicable authority is not the ‘‘(1) the benefits under the plan consist in subsection (a)(2), the applicable authority Secretary, certifies such determination to solely of health insurance coverage; or may provide such additional requirements the Secretary), the Secretary shall deter- ‘‘(2) if the plan provides any additional relating to reserves, excess/stop loss insur- mine the amounts necessary to make pay- benefit options which do not consist of ance, and indemnification insurance as the ments to an insurer (designated by the Sec- health insurance coverage, the plan— applicable authority considers appropriate. retary) to maintain in force excess/stop loss ‘‘(A) establishes and maintains reserves Such requirements may be provided by regu- insurance coverage or indemnification insur- with respect to such additional benefit op- lation with respect to any such plan or any ance coverage for such plan, if the Secretary tions, in amounts recommended by the quali- class of such plans. determines that there is a reasonable expec- fied actuary, consisting of— ‘‘(d) ADJUSTMENTS FOR EXCESS/STOP LOSS tation that, without such payments, claims ‘‘(I) a reserve sufficient for unearned con- INSURANCE.—The applicable authority may would not be satisfied by reason of termi- tributions; provide for adjustments to the levels of re- nation of such coverage. The Secretary shall, ‘‘(ii) a reserve sufficient for benefit liabil- serves otherwise required under subsections to the extent provided in advance in appro- ities which have been incurred, which have (a) and (b) with respect to any plan or class priation Acts, pay such amounts so deter- not been satisfied, and for which risk of loss of plans to take into account excess/stop loss mined to the insurer designated by the Sec- has not yet been transferred, and for ex- insurance provided with respect to such plan retary. pected administrative costs with respect to or plans. ‘‘(3) ASSOCIATION HEALTH PLAN FUND.— such benefit liabilities; ‘‘(e) ALTERNATIVE MEANS OF COMPLIANCE.— ‘‘(A) IN GENERAL.—There is established on ‘‘(iii) a reserve sufficient for any other ob- The applicable authority may permit an as- the books of the Treasury a fund to be ligations of the plan; and sociation health plan described in subsection known as the ‘Association Health Plan ‘‘(iv) a reserve sufficient for a margin of (a)(2) to substitute, for all or part of the re- Fund’. The Fund shall be available for mak- error and other fluctuations, taking into ac- quirements of this section (except subsection ing payments pursuant to paragraph (2). The

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE January 10, 2007 CONGRESSIONAL RECORD — HOUSE H301 Fund shall be credited with payments re- ‘‘(A) a representative of the National Asso- the rates are inadequate and the changes ceived pursuant to paragraph (1)(A), pen- ciation of Insurance Commissioners; needed to ensure adequacy. alties received pursuant to paragraph (1)(B); ‘‘(B) a representative of the American ‘‘(C) CURRENT AND PROJECTED VALUE OF AS- and earnings on investments of amounts of Academy of Actuaries; SETS AND LIABILITIES.—A statement of actu- the Fund under subparagraph (B). ‘‘(c) a representative of the State govern- arial opinion signed by a qualified actuary, ‘‘(B) INVESTMENT.—Whenever the Secretary ments, or their interests; which sets forth the current value of the as- determines that the moneys of the fund are ‘‘(D) a representative of existing self-in- sets and liabilities accumulated under the in excess of current needs, the Secretary sured arrangements, or their interests; plan and a projection of the assets, liabil- may request the investment of such amounts ‘‘(E) a representative of associations of the ities, income, and expenses of the plan for as the Secretary determines advisable by the type referred to in section 801(b)(1), or their the 12-month period referred to in subpara- Secretary of the Treasury in obligations interests; and graph (B). The income statement shall iden- issued or guaranteed by the United States. ‘‘(F) a representative of multiemployer tify separately the plan’s administrative ex- ‘‘(g) EXCESS/STOP LOSS INSURANCE.—For plans that are group health plans, or their penses and claims. purposes of this section— interests. ‘‘(D) COSTS OF COVERAGE TO BE CHARGED ‘‘(1) AGGREGATE EXCESS/STOP LOSS INSUR- ‘‘SEC. 807. REQUIREMENTS FOR APPLICATION AND OTHER EXPENSES.—A statement of the ANCE.—The term ‘aggregate excess/stop loss AND RELATED REQUIREMENTS. costs of coverage to be charged, including an insurance’ means, in connection with an as- ‘‘(a) FILING FEE.—Under the procedure pre- itemization of amounts for administration, sociation health plan, a contract— scribed pursuant to section 802(a), an asso- reserves, and other expenses associated with ‘‘(A) under which an insurer (meeting such ciation health plan shall pay to the applica- the operation of the plan. minimum standards as the applicable au- ble authority at the time of filing an applica- ‘‘(E) OTHER INFORMATION.—Any other infor- thority may prescribe by regulation) pro- tion for certification under this part a filing mation as may be determined by the applica- vides for payment to the plan with respect to fee in the amount of $5,000, which shall be ble authority, by regulation, as necessary to aggregate claims under the plan in excess of available in the case of the Secretary, to the carry out the purposes of this part. extent provided in appropriation Acts, for an amount or amounts specified in such con- ‘‘(c) FILING NOTICE OF CERTIFICATION WITH the sole purpose of administering the certifi- tract; STATES.—A certification granted under this cation procedures applicable with respect to ‘‘(B) which is guaranteed renewable; and part to an association health plan shall not ‘‘(C) which allows for payment of pre- association health plans. ‘‘(b) INFORMATION TO BE INCLUDED IN APPLI- be effective unless written notice of such miums by any third party on behalf of the certification is filed with the applicable insured plan. CATION FOR CERTIFICATION.—An application for certification under this part meets the State authority of each State in which at ‘‘(2) SPECIFIC EXCESS/STOP LOSS INSUR- requirements of this section only if it in- least 25 percent of the participants and bene- ANCE.—The term ‘specific excess/stop loss in- cludes, in a manner and form which shall be ficiaries under the plan are located. For pur- surance’ means, in connection with an asso- prescribed by the applicable authority by poses of this subsection, an individual shall ciation health plan, a contract— regulation, at least the following informa- be considered to be located in the State in ‘‘(A) under which an insurer (meeting such tion: which a known address of such individual is minimum standards as the applicable au- ‘‘(1) IDENTIFYING INFORMATION.—The names located or in which such individual is em- thority may prescribe by regulation) pro- and addresses of— ployed. vides for payment to the plan with respect to ‘‘(A) the sponsor; and ‘‘(d) NOTICE OF MATERIAL CHANGES.—In the claims under the plan in connection with a ‘‘(B) the members of the board of trustees case of any association health plan certified covered individual in excess of an amount or of the plan. under this part, descriptions of material amounts specified in such contract in con- ‘‘(2) STATES IN WHICH PLAN INTENDS TO DO changes in any information which was re- nection with such covered individual; BUSINESS.—The States in which participants quired to be submitted with the application ‘‘(B) which is guaranteed renewable; and and beneficiaries under the plan are to be lo- for the certification under this part shall be ‘‘(C) which allows for payment of pre- cated and the number of them expected to be filed in such form and manner as shall be miums by any third party on behalf of the located in each such State. prescribed by the applicable authority by insured plan. ‘‘(3) BONDING REQUIREMENTS.—Evidence regulation. The applicable authority may re- ‘‘(h) INDEMNIFICATION INSURANCE.—For pur- quire by regulation prior notice of material poses of this section, the term ‘indemnifica- provided by the board of trustees that the changes with respect to specified matters tion insurance’ means, in connection with an bonding requirements of section 412 will be which might serve as the basis for suspen- association health plan, a contract— met as of the date of the application or (if sion or revocation of the certification. ‘‘(1) under which an insurer (meeting such later) commencement of operations. EPORTING REQUIREMENTS FOR CERTAIN minimum standards as the applicable au- ‘‘(4) PLAN DOCUMENTS.—A copy of the docu- ‘‘(e) R ASSOCIATION HEALTH PLANS.—An association thority may prescribe by regulation) pro- ments governing the plan (including any by- health plan certified under this part which vides for payment to the plan with respect to laws and trust agreements), the summary provides benefit options in addition to health claims under the plan which the plan is un- plan description, and other material describ- insurance coverage for such plan year shall able to satisfy by reason of a termination ing the benefits that will be provided to par- meet the requirements of section 103 by fil- pursuant to section 809(b) (relating to man- ticipants and beneficiaries under the plan. ing an annual report under such section datory termination); ‘‘(5) AGREEMENTS WITH SERVICE PRO- which shall include information described in ‘‘(2) which is guaranteed renewable and VIDERS.—A copy of any agreements between subsection (b)(6) with respect to the plan noncancellable for any reason (except as the the plan and contract administrators and year and, notwithstanding section applicable authority may prescribe by regu- other service providers. 104(a)(1)(A), shall be filed with the applicable lation); and ‘‘(6) FUNDING REPORT.—In the case of asso- authority not later than 90 days after the ‘‘(3) which allows for payment of premiums ciation health plans providing benefits op- close of the plan year (or on such later date by any third party on behalf of the insured tions in addition to health insurance cov- as may be prescribed by the applicable au- plan. erage, a report setting forth information ‘‘(i) RESERVES.—For purposes of this sec- with respect to such additional benefit op- thority). The applicable authority may re- tion, the term ‘reserves’ means, in connec- tions determined as of a date within the 120- quire by regulation such interim reports as tion with an association health plan, plan as- day period ending with the date of the appli- it considers appropriate. sets which meet the fiduciary standards cation, including the following: ‘‘(f) ENGAGEMENT OF QUALIFIED ACTUARY.— under part 4 and such additional require- ‘‘(A) RESERVES.—A statement, certified by The board of trustees of each association ments regarding liquidity as the applicable the board of trustees of the plan, and a state- health plan which provides benefits options authority may prescribe by regulation. ment of actuarial opinion, signed by a quali- in addition to health insurance coverage and ‘‘(j) SOLVENCY STANDARDS WORKING fied actuary, that all applicable require- which is applying for certification under this GROUP.— ments of section 806 are or will be met in ac- part or is certified under this part shall en- ‘‘(1) IN GENERAL.—Within 90 days after the cordance with regulations which the applica- gage, on behalf of all participants and bene- date of the enactment of the Small Business ble authority shall prescribe. ficiaries, a qualified actuary who shall be re- Health Fairness Act of 2007, the applicable ‘‘(B) ADEQUACY OF CONTRIBUTION RATES.—A sponsible for the preparation of the mate- authority shall establish a Solvency Stand- statement of actuarial opinion, signed by a rials comprising information necessary to be ards Working Group. In prescribing the ini- qualified actuary, which sets forth a descrip- submitted by a qualified actuary under this tial regulations under this section, the appli- tion of the extent to which contribution part. The qualified actuary shall utilize such cable authority shall take into account the rates are adequate to provide for the pay- assumptions and techniques as are necessary recommendations of such Working Group. ment of all obligations and the maintenance to enable such actuary to form an opinion as ‘‘(2) MEMBERSHIP.—The Working Group of required reserves under the plan for the to whether the contents of the matters re- shall consist of not more than 15 members 12-month period beginning with such date ported under this part— appointed by the applicable authority. The within such 120-day period, taking into ac- ‘‘(1) are in the aggregate reasonably re- applicable authority shall include among count the expected coverage and experience lated to the experience of the plan and to persons invited to membership on the Work- of the plan. If the contribution rates are not reasonable expectations; and ing Group at least one of each of the fol- fully adequate, the statement of actuarial ‘‘(2) represent such actuary’s best estimate lowing: opinion shall indicate the extent to which of anticipated experience under the plan.

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE H302 CONGRESSIONAL RECORD — HOUSE January 10, 2007 The opinion by the qualified actuary shall be authority may require, including satisfying ment as trustee, the Secretary shall give no- made with respect to, and shall be made a any claims referred to in section tice of such appointment to— part of, the annual report. 806(a)(2)(B)(iii) and recovering for the plan ‘‘(1) the sponsor and plan administrator; ‘‘SEC. 808. NOTICE REQUIREMENTS FOR VOL- any liability under subsection (a)(2)(B)(iii) or ‘‘(2) each participant; UNTARY TERMINATION. (e) of section 806, as necessary to ensure that ‘‘(3) each participating employer; and ‘‘Except as provided in section 809(b), an the affairs of the plan will be, to the max- ‘‘(4) if applicable, each employee organiza- association health plan which is or has been imum extent possible, wound up in a manner tion which, for purposes of collective bar- certified under this part may terminate which will result in timely provision of all gaining, represents plan participants. (upon or at any time after cessation of ac- benefits for which the plan is obligated. ‘‘(d) ADDITIONAL DUTIES.—Except to the ex- cruals in benefit liabilities) only if the board ‘‘SEC. 810. TRUSTEESHIP BY THE SECRETARY OF tent inconsistent with the provisions of this of trustees, not less than 60 days before the INSOLVENT ASSOCIATION HEALTH title, or as may be otherwise ordered by the proposed termination date— PLANS PROVIDING HEALTH BENE- court, the Secretary, upon appointment as FITS IN ADDITION TO HEALTH IN- ‘‘(1) provides to the participants and bene- trustee under this section, shall be subject to SURANCE COVERAGE. the same duties as those of a trustee under ficiaries a written notice of intent to termi- ‘‘(a) APPOINTMENT OF SECRETARY AS TRUST- nate stating that such termination is in- section 704 of title 11, United States Code, EE FOR INSOLVENT PLANS.—Whenever the and shall have the duties of a fiduciary for tended and the proposed termination date; Secretary determines that an association ‘‘(2) develops a plan for winding up the af- purposes of this title. health plan which is or has been certified ‘‘(e) OTHER PROCEEDINGS.—An application fairs of the plan in connection with such ter- under this part and which is described in sec- by the Secretary under this subsection may mination in a manner which will result in tion 806(a)(2) will be unable to provide bene- be filed notwithstanding the pendency in the timely payment of all benefits for which the fits when due or is otherwise in a financially same or any other court of any bankruptcy, plan is obligated; and hazardous condition, as shall be defined by mortgage foreclosure, or equity receivership ‘‘(3) submits such plan in writing to the ap- the Secretary by regulation, the Secretary proceeding, or any proceeding to reorganize, plicable authority. shall, upon notice to the plan, apply to the conserve, or liquidate such plan or its prop- Actions required under this section shall be appropriate United States district court for erty, or any proceeding to enforce a lien taken in such form and manner as may be appointment of the Secretary as trustee to against property of the plan. prescribed by the applicable authority by administer the plan for the duration of the ‘‘(f) JURISDICTION OF COURT.— regulation. insolvency. The plan may appear as a party ‘‘(1) IN GENERAL.—Upon the filing of an ap- ‘‘SEC. 809. CORRECTIVE ACTIONS AND MANDA- and other interested persons may intervene plication for the appointment as trustee or TORY TERMINATION. in the proceedings at the discretion of the the issuance of a decree under this section, ‘‘(a) ACTIONS TO AVOID DEPLETION OF RE- court. The court shall appoint such Sec- the court to which the application is made SERVES.—An association health plan which is retary trustee if the court determines that shall have exclusive jurisdiction of the plan certified under this part and which provides the trusteeship is necessary to protect the involved and its property wherever located benefits other than health insurance cov- interests of the participants and bene- with the powers, to the extent consistent erage shall continue to meet the require- ficiaries or providers of medical care or to with the purposes of this section, of a court ments of section 806, irrespective of whether avoid any unreasonable deterioration of the of the United States having jurisdiction over such certification continues in effect. The financial condition of the plan. The trustee- cases under chapter 11 of title 11, United board of trustees of such plan shall deter- ship of such Secretary shall continue until States Code. Pending an adjudication under mine quarterly whether the requirements of the conditions described in the first sentence this section such court shall stay, and upon section 806 are met. In any case in which the of this subsection are remedied or the plan is appointment by it of the Secretary as trust- board determines that there is reason to be- terminated. ee, such court shall continue the stay of, any lieve that there is or will be a failure to meet ‘‘(b) POWERS AS TRUSTEE.—The Secretary, pending mortgage foreclosure, equity receiv- such requirements, or the applicable author- upon appointment as trustee under sub- ership, or other proceeding to reorganize, ity makes such a determination and so noti- section (a), shall have the power— conserve, or liquidate the plan, the sponsor, fies the board, the board shall immediately ‘‘(1) to do any act authorized by the plan, or property of such plan or sponsor, and any notify the qualified actuary engaged by the this title, or other applicable provisions of other suit against any receiver, conservator, plan, and such actuary shall, not later than law to be done by the plan administrator or or trustee of the plan, the sponsor, or prop- the end of the next following month, make any trustee of the plan; erty of the plan or sponsor. Pending such ad- such recommendations to the board for cor- ‘‘(2) to require the transfer of all (or any judication and upon the appointment by it of rective action as the actuary determines part) of the assets and records of the plan to the Secretary as trustee, the court may stay necessary to ensure compliance with section the Secretary as trustee; any proceeding to enforce a lien against 806. Not later than 30 days after receiving ‘‘(3) to invest any assets of the plan which property of the plan or the sponsor or any from the actuary recommendations for cor- the Secretary holds in accordance with the other suit against the plan or the sponsor. rective actions, the board shall notify the provisions of the plan, regulations prescribed ‘‘(2) VENUE.—An action under this section applicable authority (in such form and man- by the Secretary, and applicable provisions may be brought in the judicial district where ner as the applicable authority may pre- of law; the sponsor or the plan administrator resides scribe by regulation) of such recommenda- ‘‘(4) to require the sponsor, the plan admin- or does business or where any asset of the tions of the actuary for corrective action, to- istrator, any participating employer, and plan is situated. A district court in which gether with a description of the actions (if any employee organization representing plan such action is brought may issue process any) that the board has taken or plans to participants to furnish any information with with respect to such action in any other ju- take in response to such recommendations. respect to the plan which the Secretary as dicial district. The board shall thereafter report to the ap- trustee may reasonably need in order to ad- ‘‘(g) PERSONNEL.—In accordance with regu- plicable authority, in such form and fre- minister the plan; lations which shall be prescribed by the Sec- quency as the applicable authority may ‘‘(5) to collect for the plan any amounts retary, the Secretary shall appoint, retain, specify to the board, regarding corrective ac- due the plan and to recover reasonable ex- and compensate accountants, actuaries, and tion taken by the board until the require- penses of the trusteeship; other professional service personnel as may ments of section 806 are met. ‘‘(6) to commence, prosecute, or defend on be necessary in connection with the Sec- ‘‘(b) MANDATORY TERMINATION.—In any behalf of the plan any suit or proceeding in- retary’s service as trustee under this section. case in which— volving the plan; ‘‘SEC. 811. STATE ASSESSMENT AUTHORITY. ‘‘(1) the applicable authority has been noti- ‘‘(7) to issue, publish, or file such notices, ‘‘(a) IN GENERAL.—Notwithstanding section fied under subsection (a) (or by an issuer of statements, and reports as may be required 514, a State may impose by law a contribu- excess/stop loss insurance or indemnity in- by the Secretary by regulation or required tion tax on an association health plan de- surance pursuant to section 806(a)) of a fail- by any order of the court; scribed in section 806(a)(2), if the plan com- ure of an association health plan which is or ‘‘(8) to terminate the plan (or provide for menced operations in such State after the has been certified under this part and is de- its termination in accordance with section date of the enactment of the Small Business scribed in section 806(a)(2) to meet the re- 809(b)) and liquidate the plan assets, to re- Health Fairness Act of 2007. quirements of section 806 and has not been store the plan to the responsibility of the ‘‘(b) CONTRIBUTION TAX.—For purposes of notified by the board of trustees of the plan sponsor, or to continue the trusteeship; this section, the term ‘contribution tax’ im- that corrective action has restored compli- ‘‘(9) to provide for the enrollment of plan posed by a State on an association health ance with such requirements; and participants and beneficiaries under appro- plan means any tax imposed by such State ‘‘(2) the applicable authority determines priate coverage options; and if— that there is a reasonable expectation that ‘‘(10) to do such other acts as may be nec- ‘‘(1) such tax is computed by applying a the plan will continue to fail to meet the re- essary to comply with this title or any order rate to the amount of premiums or contribu- quirements of section 806, of the court and to protect the interests of tions, with respect to individuals covered the board of trustees of the plan shall, at the plan participants and beneficiaries and pro- under the plan who are residents of such direction of the applicable authority, termi- viders of medical care. State, which are received by the plan from nate the plan and, in the course of the termi- ‘‘(c) NOTICE OF APPOINTMENT.—As soon as participating employers located in such nation, take such actions as the applicable practicable after the Secretary’s appoint- State or from such individuals;

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE January 10, 2007 CONGRESSIONAL RECORD — HOUSE H303 ‘‘(2) the rate of such tax does not exceed State to enforce the requirements of title (B) in subsection (b)(5), by striking ‘‘sub- the rate of any tax imposed by such State on XXVII of the Public Health Service Act for section (a)’’ in subparagraph (A) and insert- premiums or contributions received by insur- the State involved with respect to such ing ‘‘subsection (a) of this section and sub- ers or health maintenance organizations for issuer. sections (a)(2)(B) and (b) of section 805’’, and health insurance coverage offered in such ‘‘(10) QUALIFIED ACTUARY.—The term by striking ‘‘subsection (a)’’ in subparagraph State in connection with a group health ‘qualified actuary’ means an individual who (B) and inserting ‘‘subsection (a) of this sec- plan; is a member of the American Academy of Ac- tion or subsection (a)(2)(B) or (b) of section ‘‘(3) such tax is otherwise nondiscrim- tuaries. 805’’; inatory; and ‘‘(11) AFFILIATED MEMBER.—The term ‘af- (C) by redesignating subsections (d) and (e) ‘‘(4) the amount of any such tax assessed filiated member’ means, in connection with as subsections (e) and (f), respectively; and on the plan is reduced by the amount of any a sponsor— (D) by inserting after subsection (c) the tax or assessment otherwise imposed by the ‘‘(A) a person who is otherwise eligible to following new subsection: State on premiums, contributions, or both be a member of the sponsor but who elects ‘‘(d)(1) Except as provided in subsection received by insurers or health maintenance an affiliated status with the sponsor, (b)(4), the provisions of this title shall super- organizations for health insurance coverage, ‘‘(B) in the case of a sponsor with members sede any and all State laws insofar as they aggregate excess/stop loss insurance (as de- which consist of associations, a person who may now or hereafter preclude, or have the fined in section 806(g)(1)), specific excess/stop is a member of any such association and effect of precluding, a health insurance loss insurance (as defined in section elects an affiliated status with the sponsor, issuer from offering health insurance cov- 806(g)(2)), other insurance related to the pro- or erage in connection with an association vision of medical care under the plan, or any ‘‘(C) in the case of an association health health plan which is certified under part 8. combination thereof provided by such insur- plan in existence on the date of the enact- ‘‘(2) Except as provided in paragraphs (4) ers or health maintenance organizations in ment of the Small Business Health Fairness and (5) of subsection (b) of this section— such State in connection with such plan. Act of 2007, a person eligible to be a member ‘‘(A) In any case in which health insurance ‘‘SEC. 812. DEFINITIONS AND RULES OF CON- of the sponsor or one of its member associa- coverage of any policy type is offered under STRUCTION. tions. an association health plan certified under EFINITIONS ‘‘(a) D .—For purposes of this ‘‘(12) LARGE EMPLOYER.—The term ‘large part 8 to a participating employer operating part— employer’ means, in connection with a group in such State, the provisions of this title ‘‘(1) GROUP HEALTH PLAN.—The term ‘group health plan with respect to a plan year, an shall supersede any and all laws of such health plan’ has the meaning provided in sec- employer who employed an average of at State insofar as they may preclude a health tion 733(a)(1) (after applying subsection (b) of least 51 employees on business days during insurance issuer from offering health insur- this section). the preceding calendar year and who em- ance coverage of the same policy type to ‘‘(2) MEDICAL CARE.—The term ‘medical ploys at least 2 employees on the first day of other employers operating in the State care’ has the meaning provided in section the plan year. which are eligible for coverage under such 733(a)(2). ‘‘(13) SMALL EMPLOYER.—The term ‘small association health plan, whether or not such ‘‘(3) HEALTH INSURANCE COVERAGE.—The employer’ means, in connection with a group other employers are participating employers term ‘health insurance coverage’ has the health plan with respect to a plan year, an in such plan. meaning provided in section 733(b)(1). employer who is not a large employer. ‘‘(B) In any case in which health insurance ‘‘(4) HEALTH INSURANCE ISSUER.—The term coverage of any policy type is offered in a ‘‘(b) RULES OF CONSTRUCTION.— ‘health insurance issuer’ has the meaning State under an association health plan cer- provided in section 733(b)(2). ‘‘(1) EMPLOYERS AND EMPLOYEES.—For pur- poses of determining whether a plan, fund, or tified under part 8 and the filing, with the ‘‘(5) APPLICABLE AUTHORITY.—The term ‘ap- applicable State authority (as defined in sec- plicable authority’ means the Secretary, ex- program is an employee welfare benefit plan which is an association health plan, and for tion 812(a)(9)), of the policy form in connec- cept that, in connection with any exercise of tion with such policy type is approved by the Secretary’s authority regarding which purposes of applying this title in connection with such plan, fund, or program so deter- such State authority, the provisions of this the Secretary is required under section 506(d) title shall supersede any and all laws of any to consult with a State, such term means the mined to be such an employee welfare ben- efit plan— other State in which health insurance cov- Secretary, in consultation with such State. erage of such type is offered, insofar as they ‘‘(6) HEALTH STATUS-RELATED FACTOR.—The ‘‘(A) in the case of a partnership, the term ‘employer’ (as defined in section 3(5)) in- may preclude, upon the filing in the same term ‘health status-related factor’ has the form and manner of such policy form with meaning provided in section 733(d)(2). cludes the partnership in relation to the partners, and the term ‘employee’ (as defined the applicable State authority in such other ‘‘(7) INDIVIDUAL MARKET.— State, the approval of the filing in such ‘‘(A) IN GENERAL.—The term ‘individual in section 3(6)) includes any partner in rela- tion to the partnership; and other State. market’ means the market for health insur- ‘‘(3) Nothing in subsection (b)(6)(E) or the ‘‘(B) in the case of a self-employed indi- ance coverage offered to individuals other preceding provisions of this subsection shall vidual, the term ‘employer’ (as defined in than in connection with a group health plan. be construed, with respect to health insur- section 3(5)) and the term ‘employee’ (as de- ‘‘(B) TREATMENT OF VERY SMALL GROUPS.— ance issuers or health insurance coverage, to fined in section 3(6)) shall include such indi- ‘‘(i) IN GENERAL.—Subject to clause (ii), supersede or impair the law of any State— vidual. such term includes coverage offered in con- ‘‘(A) providing solvency standards or simi- ‘‘(2) PLANS, FUNDS, AND PROGRAMS TREATED nection with a group health plan that has lar standards regarding the adequacy of in- AS EMPLOYEE WELFARE BENEFIT PLANS.—In fewer than 2 participants as current employ- surer capital, surplus, reserves, or contribu- the case of any plan, fund, or program which ees or participants described in section tions, or was established or is maintained for the pur- 732(d)(3) on the first day of the plan year. ‘‘(B) relating to prompt payment of claims. ‘‘(ii) STATE EXCEPTION.—Clause (i) shall not pose of providing medical care (through the ‘‘(4) For additional provisions relating to apply in the case of health insurance cov- purchase of insurance or otherwise) for em- association health plans, see subsections erage offered in a State if such State regu- ployees (or their dependents) covered there- (a)(2)(B) and (b) of section 805. lates the coverage described in such clause in under and which demonstrates to the Sec- ‘‘(5) For purposes of this subsection, the the same manner and to the same extent as retary that all requirements for certification term ‘association health plan’ has the mean- coverage in the small group market (as de- under this part would be met with respect to ing provided in section 801(a), and the terms fined in section 2791(e)(5) of the Public such plan, fund, or program if such plan, ‘health insurance coverage’, ‘participating Health Service Act) is regulated by such fund, or program were a group health plan, employer’, and ‘health insurance issuer’ have State. such plan, fund, or program shall be treated the meanings provided such terms in section ‘‘(8) PARTICIPATING EMPLOYER.—The term for purposes of this title as an employee wel- 812, respectively.’’. ‘participating employer’ means, in connec- fare benefit plan on and after the date of (3) Section 514(b)(6)(A) of such Act (29 tion with an association health plan, any such demonstration.’’. U.S.C. 1144(b)(6)(A)) is amended— employer, if any individual who is an em- (b) CONFORMING AMENDMENTS TO PREEMP- (A) in clause (i)(II), by striking ‘‘and’’ at ployee of such employer, a partner in such TION RULES.— the end; employer, or a self-employed individual who (1) Section 514(b)(6) of such Act (29 U.S.C. (B) in clause (ii), by inserting ‘‘and which is such employer (or any dependent, as de- 1144(b)(6)) is amended by adding at the end does not provide medical care (within the fined under the terms of the plan, of such in- the following new subparagraph: meaning of section 733(a)(2)),’’ after ‘‘ar- dividual) is or was covered under such plan ‘‘(E) The preceding subparagraphs of this rangement,’’, and by striking ‘‘title.’’ and in- in connection with the status of such indi- paragraph do not apply with respect to any serting ‘‘title, and’’; and vidual as such an employee, partner, or self- State law in the case of an association (C) by adding at the end the following new employed individual in relation to the plan. health plan which is certified under part 8.’’. clause: ‘‘(9) APPLICABLE STATE AUTHORITY.—The (2) Section 514 of such Act (29 U.S.C. 1144) ‘‘(iii) subject to subparagraph (E), in the term ‘applicable State authority’ means, is amended— case of any other employee welfare benefit with respect to a health insurance issuer in (A) in subsection (b)(4), by striking ‘‘Sub- plan which is a multiple employer welfare a State, the State insurance commissioner section (a)’’ and inserting ‘‘Subsections (a) arrangement and which provides medical or official or officials designated by the and (d)’’; care (within the meaning of section

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE H304 CONGRESSIONAL RECORD — HOUSE January 10, 2007 733(a)(2)), any law of any State which regu- case in which the benefit referred to in sub- adding at the end the following new sub- lates insurance may apply.’’. paragraph (A) consists of medical care (as section: (4) Section 514(e) of such Act (as redesig- defined in section 812(a)(2)), two or more ‘‘(n) ASSOCIATION HEALTH PLAN CEASE AND nated by paragraph (2)(C)) is amended— trades or businesses, whether or not incor- DESIST ORDERS.— (A) by striking ‘‘Nothing’’ and inserting porated, shall be deemed a single employer ‘‘(1) IN GENERAL.—Subject to paragraph (2), ‘‘(1) Except as provided in paragraph (2), for any plan year of such plan, or any fiscal upon application by the Secretary showing nothing’’; and year of such other arrangement, if such the operation, promotion, or marketing of an (B) by adding at the end the following new trades or businesses are within the same con- association health plan (or similar arrange- paragraph: trol group during such year or at any time ment providing benefits consisting of med- ‘‘(2) Nothing in any other provision of law during the preceding 1-year period,’’; ical care (as defined in section 733(a)(2))) enacted on or after the date of the enact- (2) in clause (iii), by striking ‘‘(iii) the de- that— ment of the Small Business Health Fairness termination’’ and inserting the following: ‘‘(A) is not certified under part 8, is subject Act of 2007 shall be construed to alter, ‘‘(iii)(I) in any case in which the benefit re- under section 514(b)(6) to the insurance laws amend, modify, invalidate, impair, or super- ferred to in subparagraph (A) consists of of any State in which the plan or arrange- sede any provision of this title, except by medical care (as defined in section 812(a)(2)), ment offers or provides benefits, and is not specific cross-reference to the affected sec- the determination of whether a trade or licensed, registered, or otherwise approved tion.’’. business is under ‘common control’ with an- under the insurance laws of such State; or (c) PLAN SPONSOR.—Section 3(16)(B) of such other trade or business shall be determined ‘‘(B) is an association health plan certified Act (29 U.S.C. 102(16)(B)) is amended by add- under regulations of the Secretary applying under part 8 and is not operating in accord- ing at the end the following new sentence: principles consistent and coextensive with ance with the requirements under part 8 for ‘‘Such term also includes a person serving as the principles applied in determining wheth- such certification, the sponsor of an association health plan er employees of two or more trades or busi- a district court of the United States shall under part 8.’’. nesses are treated as employed by a single enter an order requiring that the plan or ar- (d) DISCLOSURE OF SOLVENCY PROTECTIONS employer under section 4001(b), except that, rangement cease activities. RELATED TO SELF-INSURED AND FULLY IN- for purposes of this paragraph, an interest of ‘‘(2) EXCEPTION.—Paragraph (1) shall not SURED OPTIONS UNDER ASSOCIATION HEALTH greater than 25 percent may not be required apply in the case of an association health PLANS.—Section 102(b) of such Act (29 U.S.C. as the minimum interest necessary for com- plan or other arrangement if the plan or ar- 102(b)) is amended by adding at the end the mon control, or rangement shows that— following: ‘‘An association health plan shall ‘‘(II) in any other case, the determina- ‘‘(A) all benefits under it referred to in include in its summary plan description, in tion’’; paragraph (1) consist of health insurance connection with each benefit option, a de- (3) by redesignating clauses (iv) and (v) as coverage; and scription of the form of solvency or guar- clauses (v) and (vi), respectively; and ‘‘(B) with respect to each State in which antee fund protection secured pursuant to (4) by inserting after clause (iii) the fol- the plan or arrangement offers or provides this Act or applicable State law, if any.’’. lowing new clause: benefits, the plan or arrangement is oper- (e) SAVINGS CLAUSE.—Section 731(c) of such ‘‘(iv) in any case in which the benefit re- ating in accordance with applicable State Act is amended by inserting ‘‘or part 8’’ after ferred to in subparagraph (A) consists of laws that are not superseded under section ‘‘this part’’. medical care (as defined in section 812(a)(2)), 514. (f) REPORT TO THE CONGRESS REGARDING in determining, after the application of ‘‘(3) ADDITIONAL EQUITABLE RELIEF.—The CERTIFICATION OF SELF-INSURED ASSOCIATION clause (i), whether benefits are provided to court may grant such additional equitable HEALTH PLANS.—Not later than January 1, employees of two or more employers, the ar- relief, including any relief available under 2012, the Secretary of Labor shall report to rangement shall be treated as having only this title, as it deems necessary to protect the Committee on Education and the Work- one participating employer if, after the ap- the interests of the public and of persons force of the House of Representatives and the plication of clause (i), the number of individ- having claims for benefits against the plan.’’. Committee on Health, Education, Labor, and uals who are employees and former employ- (c) RESPONSIBILITY FOR CLAIMS PROCE- Pensions of the Senate the effect association ees of any one participating employer and DURE.—Section 503 of such Act (29 U.S.C. health plans have had, if any, on reducing who are covered under the arrangement is 1133) is amended by inserting ‘‘(a) IN GEN- the number of uninsured individuals. greater than 75 percent of the aggregate ERAL.—’’ before ‘‘In accordance’’, and by add- (g) CLERICAL AMENDMENT.—The table of number of all individuals who are employees ing at the end the following new subsection: contents in section 1 of the Employee Retire- or former employees of participating em- ‘‘(b) ASSOCIATION HEALTH PLANS.—The ment Income Security Act of 1974 is amended ployers and who are covered under the ar- terms of each association health plan which by inserting after the item relating to sec- rangement,’’. is or has been certified under part 8 shall re- tion 734 the following new items: quire the board of trustees or the named fi- SEC. 204. ENFORCEMENT PROVISIONS RELATING ‘‘PART 8—RULES GOVERNING ASSOCIATION TO ASSOCIATION HEALTH PLANS. duciary (as applicable) to ensure that the re- quirements of this section are met in connec- HEALTH PLANS (a) CRIMINAL PENALTIES FOR CERTAIN WILL- tion with claims filed under the plan.’’. ‘‘801. Association health plans FUL MISREPRESENTATIONS.—Section 501 of ‘‘802. Certification of association health the Employee Retirement Income Security SEC. 205. COOPERATION BETWEEN FEDERAL AND plans Act of 1974 (29 U.S.C. 1131) is amended— STATE AUTHORITIES. ‘‘803. Requirements relating to sponsors and (1) by inserting ‘‘(a)’’ after ‘‘Sec. 501.’’; and Section 506 of the Employee Retirement boards of trustees (2) by adding at the end the following new Income Security Act of 1974 (29 U.S.C. 1136) is ‘‘804. Participation and coverage require- subsection: amended by adding at the end the following ments ‘‘(b) Any person who willfully falsely rep- new subsection: ‘‘805. Other requirements relating to plan resents, to any employee, any employee’s ‘‘(d) CONSULTATION WITH STATES WITH RE- SPECT TO ASSOCIATION HEALTH PLANS.— documents, contribution rates, beneficiary, any employer, the Secretary, or ‘‘(1) AGREEMENTS WITH STATES.—The Sec- and benefit options any State, a plan or other arrangement es- ‘‘806. Maintenance of reserves and provisions tablished or maintained for the purpose of retary shall consult with the State recog- for solvency for plans providing offering or providing any benefit described in nized under paragraph (2) with respect to an health benefits in addition to section 3(1) to employees or their bene- association health plan regarding the exer- health insurance coverage ficiaries as— cise of— ‘‘807. Requirements for application and re- ‘‘(1) being an association health plan which ‘‘(A) the Secretary’s authority under sec- lated requirements has been certified under part 8; tions 502 and 504 to enforce the requirements ‘‘808. Notice requirements for voluntary ter- ‘‘(2) having been established or maintained for certification under part 8; and mination under or pursuant to one or more collective ‘‘(B) the Secretary’s authority to certify ‘‘809. Corrective actions and mandatory ter- bargaining agreements which are reached association health plans under part 8 in ac- mination pursuant to collective bargaining described cordance with regulations of the Secretary ‘‘810. Trusteeship by the Secretary of insol- in section 8(d) of the National Labor Rela- applicable to certification under part 8. vent association health plans tions Act (29 U.S.C. 158(d)) or paragraph ‘‘(2) RECOGNITION OF PRIMARY DOMICILE providing health benefits in ad- Fourth of section 2 of the Railway Labor Act STATE.—In carrying out paragraph (1), the dition to health insurance cov- (45 U.S.C. 152, paragraph Fourth) or which Secretary shall ensure that only one State erage are reached pursuant to labor-management will be recognized, with respect to any par- ‘‘811. State assessment authority negotiations under similar provisions of ticular association health plan, as the State ‘‘812. Definitions and rules of construction’’. State public employee relations laws; or with which consultation is required. In car- SEC. 203. CLARIFICATION OF TREATMENT OF SIN- ‘‘(3) being a plan or arrangement described rying out this paragraph— GLE EMPLOYER ARRANGEMENTS. in section 3(40)(A)(i), ‘‘(A) in the case of a plan which provides Section 3(40)(B) of the Employee Retire- shall, upon conviction, be imprisoned not health insurance coverage (as defined in sec- ment Income Security Act of 1974 (29 U.S.C. more than 5 years, be fined under title 18, tion 812(a)(3)), such State shall be the State 1002(40)(B)) is amended— United States Code, or both.’’. with which filing and approval of a policy (1) in clause (i), by inserting after ‘‘control (b) CEASE ACTIVITIES ORDERS.—Section 502 type offered by the plan was initially ob- group,’’ the following: ‘‘except that, in any of such Act (29 U.S.C. 1132) is amended by tained, and

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE January 10, 2007 CONGRESSIONAL RECORD — HOUSE H305 ‘‘(B) in any other case, the Secretary shall (defining qualified restaurant property) is lishing small business health plans; take into account the places of residence of amended to read as follows: and extends important protections for the participants and beneficiaries under the ‘‘(7) QUALIFIED RESTAURANT PROPERTY.— small businesses and their workers. plan and the State in which the trust is The term ‘qualified restaurant property’ My motion should be considered not maintained.’’. means any section 1250 property which is a only germane but a proposal far supe- SEC. 206. EFFECTIVE DATE AND TRANSITIONAL building or an improvement to a building if AND OTHER RULES. more than 50 percent of the building’s square rior to the Democratic leadership’s un- (a) EFFECTIVE DATE.—The amendments footage is devoted to preparation of, and balanced minimum wage proposal. made by this Act shall take effect 1 year seating for on-premises consumption of, pre- The SPEAKER pro tempore. Does the after the date of the enactment of this Act. pared meals.’’. gentleman wish to be recognized for The Secretary of Labor shall first issue all (b) EFFECTIVE DATE.—The amendment further argument? regulations necessary to carry out the made by subsection (a) shall apply to prop- Mr. GEORGE MILLER of California. amendments made by this Act within 1 year erty placed in service after the date of the I would simply press the point that the after the date of the enactment of this Act. enactment of this Act. (b) TREATMENT OF CERTAIN EXISTING motion to recommit offered by the mi- SEC. 303. REPEAL OF FEDERAL UNEMPLOYMENT HEALTH BENEFITS PROGRAMS.— SURTAX. nority is not germane, and it contains N GENERAL (1) I .—In any case in which, as of (a) IN GENERAL.—Section 3301 of the Inter- tax provisions and others that are out- the date of the enactment of this Act, an ar- nal Revenue Code of 1986 (relating to rate of side the scope of the jurisdiction of the rangement is maintained in a State for the Federal unemployment tax) is amended by bill. purpose of providing benefits consisting of striking ‘‘or’’ at the end of paragraph (1), by medical care for the employees and bene- The SPEAKER pro tempore. The redesignating paragraph (2) as paragraph (3), Chair is prepared to rule. ficiaries of its participating employers, at and by inserting after paragraph (1) the fol- least 200 participating employers make con- The gentleman from California lowing new paragraph: tributions to such arrangement, such ar- makes a point of order that the in- ‘‘(2) in the case of wages paid in calendar rangement has been in existence for at least year 2007— structions included in the motion to 10 years, and such arrangement is licensed ‘‘(A) 6.2 percent in the case of wages for recommit propose an amendment not under the laws of one or more States to pro- any portion of the year ending before April 1, germane to the bill. vide such benefits to its participating em- and Clause 7 of rule XVI, the germane- ployers, upon the filing with the applicable ‘‘(B) 6.0 percent in the case of wages for authority (as defined in section 812(a)(5) of ness rule, provides that no proposition any portion of the year beginning after the Employee Retirement Income Security on a subject different from that under March 31; or’’. Act of 1974 (as amended by this subtitle)) by consideration shall be admitted under (b) CONFORMING AMENDMENT.—Section the arrangement of an application for cer- color of amendment. Among the cen- 3301(1) of such Code is amended by striking tification of the arrangement under part 8 of ‘‘2007’’ and inserting ‘‘2006’’. tral tenets of the germaneness rule are subtitle B of title I of such Act— (c) EFFECTIVE DATE.—The amendments that an amendment may not introduce (A) such arrangement shall be deemed to made by this section shall apply to wages a new subject matter and that an be a group health plan for purposes of title I paid after December 31, 2006. of such Act; amendment may not introduce matter (B) the requirements of sections 801(a) and POINT OF ORDER within the jurisdiction of committees 803(a) of the Employee Retirement Income Mr. GEORGE MILLER of California not represented in the pending meas- Security Act of 1974 shall be deemed met (during the reading). Mr. Speaker, I ure. with respect to such arrangement; want to make a point of order. H.R. 2 was referred to the Committee (C) the requirements of section 803(b) of The SPEAKER pro tempore. Is there on Education and Labor, and its provi- such Act shall be deemed met, if the arrange- objection to dispensing with further sions are confined to the jurisdiction of ment is operated by a board of directors that committee. The bill addresses the which— reading of the motion to recommit? (i) is elected by the participating employ- There was no objection. rate of the minimum wage. It also ap- ers, with each employer having one vote; and The SPEAKER pro tempore. The gen- plies certain wage provisions to the (ii) has complete fiscal control over the ar- tleman may proceed with his point of Commonwealth of the Northern Mar- rangement and which is responsible for all order. iana Islands. operations of the arrangement; Mr. GEORGE MILLER of California. The instructions contained in the (D) the requirements of section 804(a) of Mr. Speaker, I make a point of order motion to recommit include, among such Act shall be deemed met with respect to against the motion to recommit. The other provisions, an amendment to the such arrangement; and motion is not germane. For example, Internal Revenue Code of 1986 regard- (E) the arrangement may be certified by any applicable authority with respect to its the motion contains tax provisions ing certain Federal tax provisions. operations in any State only if it operates in which are clearly outside the jurisdic- In the opinion of the Chair, that fea- such State on the date of certification. tion of the bill. ture of the motion to recommit is nei- The provisions of this subsection shall cease The SPEAKER pro tempore. Does the ther properly related to the subject to apply with respect to any such arrange- gentleman from California wish to be matter of the bill nor within the juris- ment at such time after the date of the en- heard on the point of order? diction of the Committee on Education actment of this Act as the applicable re- Mr. MCKEON. Yes, Mr. Speaker, I and Labor. quirements of this subsection are not met wish to respond. Accordingly, the amendment pro- with respect to such arrangement. Mr. Speaker, my motion should be posed in the motion to recommit is not (2) DEFINITIONS.—For purposes of this sub- section, the terms ‘‘group health plan’’, ruled germane. The bill before us, germane. The point of order is sus- ‘‘medical care’’, and ‘‘participating em- brought to the floor under unprece- tained, and the motion is not in order. ployer’’ shall have the meanings provided in dented circumstances, circumstances Mr. MCKEON. Mr. Speaker, I move to section 812 of the Employee Retirement In- that have not been ‘‘fair, open, and appeal the ruling of the Chair. come Security Act of 1974, except that the honest’’ by any means, would raise the The SPEAKER pro tempore. The reference in paragraph (7) of such section to minimum wage mandate by 41 percent, question is, Shall the decision of the an ‘‘association health plan’’ shall be deemed with small businesses and their work- Chair stand as the judgment of the a reference to an arrangement referred to in ers left unprotected. House? this subsection. Considering that more than 7 million MOTION TO TABLE OFFERED BY MR. GEORGE TITLE III—TAX INCENTIVES FOR SMALL new jobs have been created in the last MILLER OF CALIFORNIA BUSINESS 31⁄2 years, and that two-thirds of all Mr. GEORGE MILLER of California. SECTION 301. INCREASED EXPENSING FOR SMALL BUSINESS. new jobs are provided by small busi- Mr. Speaker, I move to table the ap- Subsections (b)(1), (b)(2), (b)(5), (c)(2), and nesses, I ask my colleagues, why in the peal. (d)(1)(A)(ii) of section 179 of the Internal world would we leave them unprotected The SPEAKER pro tempore. The Revenue Code of 1986 (relating to election to and endanger this incredible momen- question is on the motion to table. expense certain depreciable business assets) tum? The question was taken; and the are each amended by striking ‘‘2010’’ and in- My motion provides a fair alternative Speaker pro tempore announced that serting ‘‘2011’’. that increases the minimum wage in the ayes appeared to have it. SEC. 302. DEPRECIABLE RESTAURANT PROPERTY TO INCLUDE NEW CONSTRUCTION. exactly the same manner as the Demo- Mr. MCKEON. Mr. Speaker, I object (a) IN GENERAL.—Paragraph (7) of section cratic leadership’s bill; expands access to the vote on the ground that a 168(e) of the Internal Revenue Code of 1986 to affordable health care by estab- quorum is not present and make the

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE H306 CONGRESSIONAL RECORD — HOUSE January 10, 2007 point of order that a quorum is not Biggert Gingrey Paul MOTION TO RECOMMIT OFFERED BY MR. MCKEON Bilbray Gohmert present. Pearce Mr. MCKEON. Mr. Speaker, I offer a Bilirakis Goode Pence The SPEAKER pro tempore. Evi- Bishop (UT) Goodlatte Peterson (PA) motion to recommit. dently a quorum is not present. Blackburn Granger Petri The SPEAKER pro tempore. Is the Blunt Graves Pickering gentleman opposed to the bill? The Sergeant at Arms will notify ab- Boehner Hall (TX) Pitts Mr. MCKEON. I am, Mr. Speaker. sent Members. Bonner Hastert Platts The SPEAKER pro tempore. The The vote was taken by electronic de- Bono Hastings (WA) Poe Boozman Hayes Clerk will report the motion to recom- vice, and there were—yeas 232, nays Porter Boustany Heller Price (GA) mit. 197, not voting 6, as follows: Brady (TX) Hensarling Pryce (OH) The Clerk read as follows: [Roll No. 16] Brown (SC) Herger Putnam Brown-Waite, Hobson Mr. McKeon moves to recommit the bill Radanovich (H.R. 2) to the Committee on Education and YEAS—232 Ginny Hoekstra Ramstad Buchanan Hulshof Labor with instructions to report the bill Abercrombie Grijalva Napolitano Regula Burgess Hunter back to the House forthwith with the fol- Ackerman Gutierrez Neal (MA) Rehberg Burton (IN) Inglis (SC) Allen Hall (NY) Oberstar Reichert lowing amendment: Calvert Issa Altmire Hare Obey Renzi In section 2, redesignate subsection (b) as Camp (MI) Jindal Andrews Harman Olver Rogers (AL) subsection (c) and insert after subsection (a) Campbell (CA) Johnson (IL) Arcuri Hastings (FL) Ortiz Rogers (KY) the following: Cannon Johnson, Sam Baca Herseth Pallone Rogers (MI) Cantor Jones (NC) (b) MINIMUM WAGE FOR EMPLOYERS PRO- Baird Higgins Pascrell Rohrabacher Capito Jordan VIDING EMPLOYEES CERTAIN HEALTH CARE Baldwin Hill Ros-Lehtinen Pastor Carter Keller BENEFITS.—Section 6(a) of the Fair Labor Barrow Hinchey Roskam Payne Castle King (IA) Bean Hinojosa Royce Standards Act of 1938 is further amended in Pelosi Chabot King (NY) Becerra Hirono Ryan (WI) subsection (a), by redesignating paragraphs Perlmutter Coble Kingston Berkley Hodes Sali (2) through (5) as paragraphs (3) through (6), Peterson (MN) Cole (OK) Kirk Berman Holden Saxton respectively and inserting after paragraph (2) Pomeroy Conaway Kline (MN) Berry Holt Schmidt Price (NC) Crenshaw Kuhl (NY) the following new paragraph: Bishop (GA) Honda Sensenbrenner Rahall Cubin LaHood ‘‘(2) if an employer provides health care Bishop (NY) Hooley Sessions Rangel Culberson Lamborn benefits to an employee through an em- Blumenauer Hoyer Reyes Davis (KY) Latham Shadegg Boren Inslee ployee welfare benefit plan (as defined under Rodriguez Davis, David LaTourette Shays Boswell Israel section 3(1) of the Employee Retirement In- Ross Davis, Jo Ann Lewis (CA) Shimkus Boucher Jackson (IL) come Security Act (29 USC 1002(3)), the appli- Rothman Davis, Tom Lewis (KY) Shuster Boyd (FL) Jackson-Lee cable minimum wage rate paid by such em- Roybal-Allard Deal (GA) Linder Simpson Boyda (KS) (TX) Ruppersberger Dent LoBiondo Smith (NE) ployer to such employee shall be $5.15 an Brady (PA) Jefferson Rush Diaz-Balart, L. Lucas Smith (NJ) hour;’’. Braley (IA) Johnson (GA) Ryan (OH) Diaz-Balart, M. Lungren, Daniel Smith (TX) Mr. MCKEON (during the reading). Brown, Corrine Johnson, E. B. Salazar Doolittle E. Souder Butterfield Jones (OH) Mr. Speaker, I ask unanimous consent Sa´ nchez, Linda Drake Mack Stearns Capps Kagen T. Dreier Manzullo Sullivan that the motion be considered as read Capuano Kanjorski Sanchez, Loretta Duncan Marchant Tancredo and printed in the RECORD. Cardoza Kaptur Sarbanes Ehlers McCarthy (CA) Terry Carnahan Kennedy The SPEAKER pro tempore. Is there Schakowsky Emerson McCaul (TX) Thornberry Carney Kildee objection to the request of the gen- Schiff English (PA) McCotter Tiahrt Carson Kilpatrick Schwartz Everett McCrery Tiberi tleman from California? Castor Kind Scott (GA) Fallin McHenry Turner There was no objection. Chandler Klein (FL) Scott (VA) Feeney McHugh Upton Clarke Kucinich The SPEAKER pro tempore. The gen- Serrano Ferguson McKeon Walberg Clay Lampson tleman from California is recognized Sestak Flake McMorris Walden (OR) Cleaver Langevin Shea-Porter Forbes Rodgers Walsh (NY) for 5 minutes in support of his motion. Clyburn Lantos Sherman Fortenberry Mica Wamp Mr. MCKEON. Mr. Speaker, this mo- Cohen Larsen (WA) Shuler Fossella Miller (FL) Weldon (FL) Conyers Larson (CT) tion is straightforward in purpose, but Sires Foxx Miller (MI) Weller Cooper Lee for millions of uninsured Americans, it Skelton Franks (AZ) Miller, Gary Westmoreland Costa Levin Frelinghuysen Moran (KS) Wicker would be incredibly meaningful in Costello Lewis (GA) Slaughter Gallegly Murphy, Tim Wilson (NM) Courtney Lipinski Smith (WA) practice. During today’s debate, many Garrett (NJ) Musgrave Wilson (SC) Cramer Loebsack Snyder of us, particularly those on this side of Gerlach Myrick Wolf Crowley Lofgren, Zoe Solis Gilchrest Neugebauer Young (AK) the aisle, have talked about the need to Cuellar Lowey Space Gillmor Nunes Young (FL) expand access to affordable health Cummings Lynch Spratt Stark care. As I noted earlier, when dis- Davis (AL) Mahoney (FL) NOT VOTING—6 Davis (CA) Maloney (NY) Stupak cussing my comprehensive minimum Davis (IL) Markey Sutton Buyer Meek (FL) Reynolds wage package, I believe this debate Davis, Lincoln Marshall Tanner Knollenberg Norwood Whitfield DeFazio Matheson Tauscher presents us a tremendous opportunity, Taylor not only to impact wages, but to im- DeGette Matsui b 1631 Delahunt McCarthy (NY) Thompson (CA) prove working families’ quality of life DeLauro McCollum (MN) Thompson (MS) Mrs. BACHMANN, Mr. LEWIS of as well. Dicks McDermott Tierney Dingell McGovern Towns California, Mr. PETERSON of Pennsyl- Therefore, I offer this motion in the Doggett McIntyre Udall (CO) vania and Mr. GILLMOR changed their same spirit as that comprehensive Donnelly McNerney Udall (NM) vote from ‘‘yea’’ to ‘‘nay.’’ measure. It would ensure that if an em- Doyle McNulty Van Hollen Mr. SPRATT, Ms. MOORE of Wis- ployer offers health coverage to his or Edwards Meehan Vela´ zquez Ellison Meeks (NY) Visclosky consin, Ms. CLARKE and Mr. REYES her workers, an incredibly costly yet Ellsworth Melancon Walz (MN) changed their vote from ‘‘nay’’ to incredibly important employee benefit, Emanuel Michaud Wasserman ‘‘yea.’’ then this employer should not be fur- Engel Millender- Schultz Eshoo McDonald Waters So the motion to table was agreed to. ther burdened with a 41 percent min- Etheridge Miller (NC) Watson The result of the vote was announced imum wage mandate imposed by H.R. Farr Miller, George Watt as above recorded. 2, a mandate thrust upon these employ- Fattah Mitchell Waxman A motion to reconsider was laid on ers without any protections at all for Filner Mollohan Weiner Frank (MA) Moore (KS) Welch (VT) the table. small business and their workers. Giffords Moore (WI) Wexler Stated for: Mr. Speaker, to speak about the ben- Gillibrand Moran (VA) Wilson (OH) Mr. MEEK of Florida. Mr. Speaker, on roll- efits of this proposal, I yield the bal- Gonzalez Murphy (CT) Woolsey Gordon Murphy, Patrick Wu call No. 16, on the motion to table the Appeal ance of my time to the gentlewoman Green, Al Murtha Wynn of the Ruling of the Chair, had I been present, from New Mexico (Mrs. WILSON), who Green, Gene Nadler Yarmuth I would have voted ‘‘yea.’’ has been working this very issue for NAYS—197 Stated for: many years. Mr. REYNOLDS. Mr. Speaker, on rollcall Mrs. WILSON of New Mexico. Mr. Aderholt Bachmann Barrett (SC) Akin Bachus Bartlett (MD) No. 16 I was unavoidably detained. Had I Speaker, my colleagues, I would like to Alexander Baker Barton (TX) been present, I would have voted ‘‘nay.’’ tell you about one of my constituents.

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE January 10, 2007 CONGRESSIONAL RECORD — HOUSE H307 Her name is Mary Padilla, and she runs to have this vote, because this is a will reduce to 5 minutes the minimum Roadrunner Transmission in Albu- major concern. This is a major concern time for any electronic vote on the querque, New Mexico. She has five em- to the American society. question of passage. ployees, and she has been in business What so many of my colleagues made The vote was taken by electronic de- for 7 years, and she provides health in- clear today in the debate is that after vice, and there were—ayes 144, noes 287, surance for every one of those five em- you have stalled this vote for 10 years, not voting 4, as follows: ployees. Mary tells me that if we raise this goes way beyond the dollars and [Roll No. 17] the minimum wage, she is going to cents of the minimum wage. It goes to AYES—144 the core values of America and eco- have a tough time continuing to pro- Aderholt Forbes Pearce vide health insurance for her employ- nomic justice and social justice and Akin Fortenberry Peterson (PA) ees, and she may have to make a choice fairness and whether or not every Alexander Fossella Petri that she doesn’t want to make. American is going to get to participate Bachus Franks (AZ) Pickering Mary is not alone. More than 3 mil- in the American economic system and Baker Frelinghuysen Pitts Bartlett (MD) Gallegly Poe lion Americans have gotten new jobs in also be able to provide for their chil- Barton (TX) Gilchrest Porter the last 36 months with small busi- dren and their families. Biggert Gillmor Price (GA) nesses. The toughest thing for a small But my colleagues didn’t disappoint Bilbray Gohmert Pryce (OH) me today on the other side of the aisle. Bilirakis Goode Putnam business person to do is to make the Bishop (UT) Goodlatte We have one more bump in the road. Radanovich payroll and provide health insurance. Blackburn Granger Regula This motion to recommit would add This last moment, they have offered us Blunt Graves Rehberg one provision into this bill on the min- a motion to recommit where they say, Boehner Hall (TX) Reichert if you offer your employees a health Bonner Hastert Reynolds imum wage. It would say, if you are an Bono Hastings (WA) Rogers (AL) care plan, you can keep the minimum Boozman Hayes employer who is providing health in- Rogers (KY) Boustany Heller surance for your employees, that ben- wage at $5.15. Now it doesn’t say that Rogers (MI) Brown (SC) Hobson health care plan has to be affordable. It Rohrabacher efit is worth more than the bump up in Buchanan Hoekstra Ros-Lehtinen the minimum wage, and you would not doesn’t say what the deductibles are, Burgess Hulshof Roskam have to comply with these new rules the copayments, which I am sure if you Burton (IN) Hunter are a minimum wage worker at $5.15 Calvert Inglis (SC) Royce with respect to the minimum wage. It Ryan (WI) today, a wage that is 10 years old, I am Camp (MI) Issa would stay where it is for your small Campbell (CA) Johnson, Sam Schmidt business. sure you can pay the copayments and Cannon Jones (NC) Sensenbrenner Sessions One of the biggest problems we face the deductibles and the premiums. Cantor Jordan That will not be a problem. Carter Keller Shadegg as a country is the uninsured popu- Shays What is it you don’t understand Chabot Kirk lation. In my State, about one in four Coble Kline (MN) Shimkus about being poor? What is it you don’t people doesn’t have health insurance. Cole (OK) LaHood Shuster understand? You are stuck at $5.15 in Smith (NE) This provision would encourage more Conaway Latham today’s world. You can’t buy the gaso- Crenshaw Lewis (CA) Smith (TX) small and medium-sized businesses to Souder line to go to work, the bread to put on Cubin Lewis (KY) provide health insurance for their em- Culberson Linder Stearns the table, the milk out of the refrig- ployees. A paycheck matters, a pay- Davis (KY) Lucas Sullivan erator. Your utilities are going up. The Davis, David Lungren, Daniel Thornberry check that makes it through the whole rent is going up. Davis, Jo Ann E. Tiahrt week, but it also matters if you are a Now you say, by the way, if you can Davis, Tom Manzullo Tiberi Deal (GA) McCarthy (CA) Upton parent who has to worry every night pay for a health care plan, you can whether the kids are going to get sick Diaz-Balart, L. McCaul (TX) Walberg stay at the minimum wage, you lucky Diaz-Balart, M. McCrery Wamp when you cannot pay for it, because ducky. I don’t think that is what Doolittle McKeon Weldon (FL) you don’t have insurance with your America was talking about when 89 Drake McMorris Westmoreland job. Dreier Rodgers Whitfield percent of them said they want this Duncan Mica Wicker I would encourage all of you to sup- Congress to raise the minimum wage, Ehlers Myrick Wilson (NM) port the motion to recommit and sup- not trade it in, not trade it in. Everett Neugebauer Wilson (SC) port small business health insurance They didn’t ask us to trade in the in- Fallin Nunes Young (AK) for every employee in America. crease in the minimum wage for some NOES—287 Mr. MCKEON. Mr. Speaker, I yield phantom health care proposal. You Abercrombie Carney Emerson back the balance of my time. know what the average premium is for Ackerman Carson Engel Mr. GEORGE MILLER of California. a family? The average premium is Allen Castle English (PA) Mr. Speaker, I rise in opposition to the Altmire Castor Eshoo $10,880. Okay. That is good plans and Andrews Chandler Etheridge motion to recommit. bad plans together. Cut it in half. You Arcuri Clarke Farr The SPEAKER pro tempore. The gen- are at the minimum wage. You have Baca Clay Fattah tleman from California is recognized got to pay $5,000? Cut it in half again. Bachmann Cleaver Feeney for 5 minutes. Baird Clyburn Ferguson You are at the minimum wage. You Baldwin Cohen Filner (Mr. GEORGE MILLER of California can pay another $2,000 for your health Barrett (SC) Conyers Flake asked and was given permission to re- care? I don’t think so. I don’t think so. Barrow Cooper Foxx Bean Costa Frank (MA) vise and extend his remarks.) Let us get on with the Nation’s busi- Mr. GEORGE MILLER of California. Becerra Costello Garrett (NJ) ness, with the people’s business, and Berkley Courtney Gerlach Mr. Speaker, and Members of the with the minimum-wage workers’ busi- Berman Cramer Giffords House, today is a remarkable day, be- ness. Let us reject this motion and pass Berry Crowley Gillibrand cause after 10 years, we are going to Bishop (GA) Cuellar Gingrey this bill now. Bishop (NY) Cummings Gonzalez have an up-and-down vote on whether The SPEAKER pro tempore. Without Blumenauer Davis (AL) Gordon the poorest people in our Nation, who objection, the previous question is or- Boren Davis (CA) Green, Al are working every day and, at the end dered on the motion to recommit. Boswell Davis (IL) Green, Gene of the year, end up poor, deserve a Boucher Davis, Lincoln Grijalva There was no objection. Boyd (FL) DeFazio Gutierrez raise. That is what we are going to do The SPEAKER pro tempore. The Boyda (KS) DeGette Hall (NY) today. question is on the motion to recommit. Brady (PA) Delahunt Hare For 10 years, we have struggled to The question was taken; and the Brady (TX) DeLauro Harman Braley (IA) Dent Hastings (FL) have this vote, and now we are finally Speaker pro tempore announced that Brown, Corrine Dicks Hensarling going to have it. We have had a lot of the noes appeared to have it. Brown-Waite, Dingell Herger excuses why we couldn’t have it. We RECORDED VOTE Ginny Doggett Herseth have had votes hijacked, and we have Butterfield Donnelly Higgins Mr. MCKEON. Mr. Speaker, I demand Capito Doyle Hill had votes pulled off the floor, but we a recorded vote. Capps Edwards Hinchey could never have this vote. Today, the A recorded vote was ordered. Capuano Ellison Hinojosa beginning of the 100 hours, we are The SPEAKER pro tempore. Pursu- Cardoza Ellsworth Hirono going to have this vote. We are going ant to clause 9 of rule XX, the Chair Carnahan Emanuel Hodes

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE H308 CONGRESSIONAL RECORD — HOUSE January 10, 2007 Holden McNerney Saxton [Roll No. 18] Towns Wamp Whitfield Holt McNulty Schakowsky Turner Wasserman Wilson (NM) Honda Meehan Schiff AYES—315 Udall (CO) Schultz Wilson (OH) Hooley Meek (FL) Udall (NM) Waters Schwartz Abercrombie Filner Meeks (NY) Wolf Hoyer Meeks (NY) Upton Watson Scott (GA) Ackerman Forbes Melancon Woolsey Inslee Melancon Van Hollen Watt Scott (VA) Aderholt Fossella Michaud Wu Israel Michaud Vela´ zquez Waxman Serrano Alexander Frank (MA) Millender- Wynn Jackson (IL) Millender- Visclosky Weiner Sestak Allen Frelinghuysen McDonald Yarmuth Jackson-Lee McDonald Walden (OR) Welch (VT) Shea-Porter Miller (MI) Young (AK) (TX) Miller (FL) Altmire Gerlach Walsh (NY) Weller Sherman Young (FL) Jefferson Miller (MI) Andrews Giffords Miller (NC) Shuler Walz (MN) Wexler Jindal Miller (NC) Arcuri Gilchrest Miller, George Simpson Johnson (GA) Miller, George Baca Gillibrand Mitchell NOES—116 Sires Bachus Gillmor Mollohan Johnson (IL) Mitchell Akin Gallegly Musgrave Skelton Baird Gonzalez Moore (KS) Johnson, E. B. Mollohan Bachmann Garrett (NJ) Myrick Slaughter Baldwin Goode Moore (WI) Jones (OH) Moore (KS) Baker Gingrey Smith (NJ) Barrow Goodlatte Moran (KS) Neugebauer Kagen Moore (WI) Barrett (SC) Gohmert Smith (WA) Bean Gordon Moran (VA) Nunes Kanjorski Moran (KS) Bartlett (MD) Granger Becerra Murphy (CT) Paul Kaptur Moran (VA) Snyder Green, Al Barton (TX) Graves Berkley Pearce Kennedy Murphy (CT) Solis Green, Gene Murphy, Patrick Bilbray Hall (TX) Berman Pence Kildee Murphy, Patrick Space Grijalva Murphy, Tim Bishop (UT) Hastert Berry Pickering Kilpatrick Murphy, Tim Spratt Gutierrez Murtha Blackburn Hastings (WA) Biggert Pitts Kind Murtha Stark Hall (NY) Nadler Blunt Heller Bilirakis Porter King (IA) Musgrave Stupak Hare Napolitano Boehner Hensarling Bishop (GA) King (NY) Nadler Sutton Harman Neal (MA) Boustany Herger Price (GA) Bishop (NY) Kingston Napolitano Tancredo Hastings (FL) Oberstar Brady (TX) Hobson Putnam Blumenauer Klein (FL) Neal (MA) Tanner Hayes Obey Brown (SC) Hoekstra Radanovich Bonner Kucinich Oberstar Tauscher Herseth Olver Burgess Hunter Rehberg Bono Higgins Ortiz Kuhl (NY) Obey Taylor Burton (IN) Inglis (SC) Reynolds Boozman Hill Pallone Lamborn Olver Terry Calvert Issa Rogers (MI) Boren Hinchey Pascrell Lampson Ortiz Thompson (CA) Camp (MI) Johnson, Sam Rohrabacher Boswell Hinojosa Pastor Langevin Pallone Thompson (MS) Campbell (CA) Jordan Roskam Boucher Hirono Payne Lantos Pascrell Tierney Cannon King (IA) Royce Boyd (FL) Hodes Pelosi Larsen (WA) Pastor Cantor Kingston Ryan (WI) Towns Boyda (KS) Larson (CT) Paul Holden Perlmutter Carter Kline (MN) Turner Brady (PA) Sali LaTourette Payne Holt Peterson (MN) Chabot Lamborn Udall (CO) Braley (IA) Sensenbrenner Lee Pelosi Honda Peterson (PA) Coble Lewis (CA) Udall (NM) Brown, Corrine Sessions Levin Pence Hooley Petri Cole (OK) Lewis (KY) Van Hollen Brown-Waite, Shadegg Lewis (GA) Perlmutter Hoyer Platts Conaway Linder Vela´ zquez Ginny Shuster Lipinski Peterson (MN) Hulshof Poe Cubin Lucas Visclosky Buchanan Smith (NE) LoBiondo Platts Inslee Pomeroy Culberson Lungren, Daniel Walden (OR) Butterfield Souder Loebsack Pomeroy Israel Price (NC) Davis, David E. Walsh (NY) Capito Sullivan Lofgren, Zoe Price (NC) Jackson (IL) Pryce (OH) Davis, Tom Mack Walz (MN) Capps Lowey Rahall Jackson-Lee Rahall Deal (GA) Manzullo Tancredo Wasserman Capuano Lynch Ramstad (TX) Ramstad Doolittle McCarthy (CA) Terry Schultz Cardoza Mack Rangel Jefferson Rangel Drake McCaul (TX) Thornberry Waters Carnahan Mahoney (FL) Renzi Jindal Regula Dreier McCrery Tiahrt Watson Carney Maloney (NY) Reyes Johnson (GA) Reichert Fallin McHenry Tiberi Watt Carson Marchant Rodriguez Johnson (IL) Renzi Feeney McKeon Walberg Waxman Castle Markey Ross Johnson, E. B. Reyes Flake McMorris Weldon (FL) Castor Marshall Rothman Weiner Jones (NC) Rodriguez Fortenberry Rodgers Westmoreland Chandler Matheson Roybal-Allard Welch (VT) Jones (OH) Rogers (AL) Foxx Mica Wicker Clarke Matsui Ruppersberger Weller Kagen Rogers (KY) Franks (AZ) Miller (FL) Wilson (SC) McCarthy (NY) Rush Wexler Clay Kanjorski Ros-Lehtinen McCollum (MN) Ryan (OH) Wilson (OH) Cleaver Kaptur Ross NOT VOTING—4 Clyburn Keller Rothman McCotter Salazar Wolf Buyer Miller, Gary Cohen Kennedy Roybal-Allard McDermott Sali Woolsey Knollenberg Norwood McGovern Sa´ nchez, Linda Wu Conyers Kildee Ruppersberger McHenry T. Wynn Cooper Kilpatrick Rush b 1710 McHugh Sanchez, Loretta Yarmuth Costa Kind Ryan (OH) McIntyre Sarbanes Young (FL) Costello King (NY) Salazar So the bill was passed. Courtney Kirk Sa´ nchez, Linda The result of the vote was announced NOT VOTING—4 Cramer Klein (FL) T. Crenshaw Kucinich Sanchez, Loretta as above recorded. Buyer Miller, Gary Crowley Kuhl (NY) Sarbanes A motion to reconsider was laid on Knollenberg Norwood Cuellar LaHood Saxton the table. Cummings Lampson Schakowsky f b 1702 Davis (AL) Langevin Schiff Davis (CA) Lantos Schmidt ANNOUNCEMENT BY THE SPEAKER Mr. GINGREY changed his vote from Davis (IL) Larsen (WA) Schwartz Davis (KY) Larson (CT) Scott (GA) PRO TEMPORE ‘‘aye’’ to ‘‘no.’’ Davis, Jo Ann Latham Scott (VA) The SPEAKER pro tempore (Mr. Mr. SHAYS changed his vote from Davis, Lincoln LaTourette Serrano SIRES). Pursuant to clause 8 of rule XX, ‘‘no’’ to ‘‘aye.’’ DeFazio Lee Sestak DeGette Levin Shays proceedings on House Resolution 15 So the motion to recommit was re- Delahunt Lewis (GA) Shea-Porter will resume tomorrow. jected. DeLauro Lipinski Sherman Dent LoBiondo Shimkus f The result of the vote was announced Diaz-Balart, L. Loebsack Shuler as above recorded. Diaz-Balart, M. Lofgren, Zoe Simpson b 1715 Dicks Lowey Sires The SPEAKER pro tempore. The Dingell Lynch Skelton ELECTION OF MEMBERS TO COM- question is on the passage of the bill. Doggett Mahoney (FL) Slaughter MITTEE ON TRANSPORTATION The question was taken; and the Donnelly Maloney (NY) Smith (NJ) AND INFRASTRUCTURE Doyle Marchant Smith (TX) Speaker pro tempore announced that Duncan Markey Smith (WA) Mr. EMANUEL. Mr. Speaker, by di- the ayes appeared to have it. Edwards Marshall Snyder rection of the Democratic Caucus, I Ehlers Matheson Solis RECORDED VOTE Ellison Matsui Space offer a privileged resolution (H. Res. 47) Mr. LINDER. Mr. Speaker, I demand Ellsworth McCarthy (NY) Spratt and ask for its immediate consider- a recorded vote. Emanuel McCollum (MN) Stark ation. Emerson McCotter Stearns The Clerk read the resolution, as fol- Engel McDermott Stupak A recorded vote was ordered. lows: The SPEAKER pro tempore. This English (PA) McGovern Sutton Eshoo McHugh Tanner H. RES. 47 will be a 5-minute vote. Etheridge McIntyre Tauscher Resolved, That the following named Mem- The vote was taken by electronic de- Everett McNerney Taylor Farr McNulty Thompson (CA) bers and Delegate be and are hereby elected vice, and there were—ayes 315, noes 116, Fattah Meehan Thompson (MS) to the following standing committee of the not voting 4, as follows: Ferguson Meek (FL) Tierney House of Representatives:

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE January 10, 2007 CONGRESSIONAL RECORD — HOUSE H309 (1) COMMITTEE ON TRANSPORTATION AND IN- memorate Pete’s outstanding contribu- The State of Wisconsin became the FRASTRUCTURE.—Mr. Rahall, Mr. DeFazio, tions to the committee that he so loved first State to ratify the amendment. Mr. Costello, Ms. Norton, Mr. Nadler, Ms. and to our Nation. Our thoughts and And following Wisconsin’s lead, two- Corrine Brown of Florida, Mr. Filner, Ms. prayers remain with his devoted wife, thirds of the States approved the Eddie Bernice Johnson of Texas, Mr. Taylor of Mississippi, Ms. Millender-McDonald, Mr. Libby, and all Pete’s family, friends amendment which became the law of Cummings, Mrs. Tauscher, Mr. Boswell, Mr. and colleagues. the land. The 19th amendment gave Holden, Mr. Baird, Mr. Larsen of Wash- Mr. Speaker, I rise today to inform my col- women their full rights as citizens. ington, Mr. Capuano, Ms. Carson, Mr. Bishop leagues of the passing of Arthur ‘‘Pete’’ Sin- It says, simply, citizens of the United of New York, Mr. Michaud, Mr. Higgins, Mr. gleton, former Chief of Staff of the Committee States shall not be denied the right to Carnahan, Mr. Salazar, Mrs. Napolitano, Mr. on Ways and Means, who died this past Sat- vote on account of sex. The 19th Lipinski, Mr. Lampson, Mr. Space, Ms. urday. amendment brought this Nation one Hirono, Mr. Braley of Iowa, Mr. Altmire, Mr. Pete began his service to his country as a step closer to fulfilling the promises Walz of Minnesota, Mr. Shuler, Mr. Arcuri, Marine in World War II. He joined the Repub- enunciated by our Founders. Mr. Mitchell, Mr. Carney, Mr. Hall of New lican Committee staff in 1970 as Deputy Staff York, Mr. Kagen, Mr. Cohen, Mr. McNerney. As the first Chamber of Congress to Director, following two successful careers, one approve the amendment, we showed the Mr. EMANUEL (during the reading). in journalism as a reporter and editor and one way, and the Senate followed. Mr. Speaker, I ask unanimous consent for the former U.S. Steel Company. This Chamber took another historic that the resolution be considered as Pete soon became expert in the complex step recently in fulfilling the promise read and printed in the RECORD. issue areas of Social Security and inter- of America’s freedoms by electing The SPEAKER pro tempore. Is there national trade. In 1981, Pete was appointed as Speaker NANCY PELOSI as the first objection to the request of the gen- Republican Staff Director. He served in that woman to hold the position of Speaker tleman from Illinois? position until 1988, when he retired for the first of the House. There was no objection. time. The resolution was agreed to. After spending time writing, along with serv- f A motion to reconsider was laid on ing on the Social Security Advisory Board, 8 THE KUCINICH PLAN FOR IRAQ the table. years later Chairman Bill Archer of Texas (Mr. KUCINICH asked and was given f asked Pete to return to the Committee on permission to address the House for 1 Ways and Means to serve as Majority Chief of minute and to revise and extend his re- REMEMBERING ARTHUR ‘‘PETE’’ Staff, a position which he held until his second marks.) SINGLETON retirement in October of 2000. Mr. KUCINICH. Mr. Speaker, the ad- (Mr. MCCRERY asked and was given Upon his retirement, Chairman Archer sum- ministration is preparing to escalate permission to address the House for 1 marized Pete’s contributions as follows: the conflict. They intend to increase minute and to revise and extend his re- ‘‘It was he, who in 1977, drafted the Minority troop numbers to unprecedented levels, marks.) Social Security proposals, most of which later without establishing an ending date. It Mr. MCCRERY. Mr. Speaker, I rise became law. Most recently, he oversaw the is important for Congress to oppose the today to inform my colleagues of the Committee’s intensive efforts during action on troop surge. But that is not enough. We passing of Arthur ‘‘Pete’’ Singleton, the historic 1997 Balanced Budget Act and must respond powerfully to take steps former chief of staff of the Ways and Taxpayer Relief Act, as well as legislation to to end the occupation, close U.S. bases Means Committee, who died this past repeal the Social Security earnings limit.’’ in Iraq and bring our troops home. Saturday. Pete was a great guy who Even more poignant, however, was what These steps are necessary pre- served this country in a variety of Chairman Archer said about the quality of conditions to the U.S. extricating itself ways, beginning with his Marine serv- Pete’s service to the Committee and our coun- from Iraq through the establishment of ice and ending as the staff director of try. an international security and peace- ‘‘Pete Singleton is one of the most loyal the majority Ways and Means Com- keeping force. people I have ever known. His first thought mittee for Chairman Bill Archer. That is what the Kucinich plan which has always been ‘‘How does this impact the Pete retired for the second time in I am presenting Members of Congress Committee?’’ He is one of the hardest working 2000. Upon his retirement, Chairman today is all about. Congress as a co- staff persons I have known, and has sacrificed Archer summarized Pete’s contribu- equal branch of government has an ur- much of his personal life for the Committee. tions. He said, ‘‘It was he who, in 1977, gent responsibility here. Congress He possesses a sharp wit and a quick mind. drafted the minority Social Security under article I, section 8, has the war- He is a true gentleman in every sense, and a proposals, most of which later became making power. Congress appropriates wonderful human being.’’ law. Most recently, he oversaw the It was my privilege to serve on the Com- funds for the war. Congress does not committee’s intensive efforts during mittee when Pete served as Chief of Staff. I dispense with its obligation to the action on the historic 1997 Balanced came to rely on Pete as a steady and trusted American people simply by opposing a Budget Act and Taxpayer Relief Act, as leader, and often utilized his counsel based on troop surge in Iraq. It is simply not well as legislation to repeal the Social his vast expertise and experience. credible to maintain that one opposes Security earnings limit.’’ On behalf of the current and former mem- the war and yet continues to fund it. If Chairman Archer went on to describe bers of our committee, we commemorate you oppose the war, then don’t vote to the quality of Pete’s service to the Pete’s outstanding contributions to the Com- fund it. committee and to our country: ‘‘Pete mittee that he so loved, and to our Nation. Our THE KUCINICH PLAN FOR IRAQ Singleton is one of the most loyal peo- thoughts and prayers remain with his devoted DEAR COLLEAGUE: In November of 2006, ple I have ever known. His first wife Libby, and all Pete’s family, friends, and after an October upsurge in violence in Iraq, thought has always been: How does this colleagues. the American people moved decisively to re- impact the committee? He is one of the ject Republican rule, principally because of f hardest working staff persons I have the conduct of the war. Democratic leaders known and has sacrificed much of his NINETEENTH AMENDMENT well understand we regained control of the Congress because of the situation in Iraq. personal life for the committee. He (Mr. KAGEN asked and was given However, two months later, the Congress is possesses a sharp wit and a quick mind. permission to address the House for 1 still searching for a plan around which it can He is a true gentleman in every sense minute.) unite to hasten the end of U.S. involvement and a wonderful human being.’’ Mr. KAGEN. Mr. Speaker, I rise in Iraq and the return home of 140,000 U.S. It was my privilege to serve on the today to recognize that it was on this troops. committee when Pete served as chief of day, as pointed out earlier by my fresh- The Administration is preparing to esca- staff. I came to rely on Pete as a man colleague, BRUCE BAILEY from late the conflict. They intend to increase steady and trusted leader and often Iowa, January 10, 1918, that the House troop numbers to unprecedented levels, with- out establishing an ending date. It is impor- utilized his counsel based on his vast of Representatives first voted to give tant for Congress to oppose the troop surge. expertise and experience. women the right to vote by approving But that is not enough. We must respond On behalf of the current and former the 19th amendment to the Constitu- powerfully to take steps to end the occupa- members of our committee, we com- tion of these United States. tion, close U.S. bases in Iraq and bring our

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE H310 CONGRESSIONAL RECORD — HOUSE January 10, 2007 troops home. These steps are necessary pre- nor reliable electricity in Bagdhad, despite 6. Develop and fund a process of national conditions to the U.S. extricating itself from massive funding from the U.S. and from the reconciliation. The process of reconciliation Iraq through the establishment of an inter- Madrid conference. The greatest mystery in- must begin with a national conference, orga- national security and peacekeeping force. volves the activities of private security com- nized with the assistance of the UN and with Congress, as a coequal branch of govern- panies who function as mercenaries. Reports the participation of parties who can create, ment, has a responsibility here. Congress, of false flag operations must be investigated participate in and affect the process of rec- under Article 1, Section 8 of the U.S. Con- by an international tribunal. onciliation, defined as an airing of all griev- stitution has the war-making power. Con- 4. Convene a regional conference for the ances and the creation of pathways toward gress appropriates funds for the war. Con- purpose of developing a security and sta- open, transparent talks producing truth and gress does not dispense with its obligation to bilization force for Iraq. The focus should be resolution of grievances. The Iraqi govern- the American people simply by opposing a on a process which solves the problems of ment has indicated a desire for the process of troop surge in Iraq. It is simply not credible Iraq. The U.S. has told the international reconciliation to take place around it, and to maintain that one opposes the war and community, ‘‘This is our policy and we want that those who were opposed to the govern- yet continue to fund it. If you oppose the you to come and help us implement it.’’ The ment should give up and join the govern- war, do not vote to fund it. If you have international community may have an inter- ment. Reconciliation must not be confused money which can be used to bring the troops est in helping Iraq, but has no interest in with capitulation, nor with realignments for participating in the implementation of failed home do not say you want to bring the the purposes of protecting power relation- U.S. policy. A shift in U.S. policy away from troops home while you appropriate money in ships. unilateralism and toward cooperation will a supplemental to keep them in Iraq fighting For example, Kurds need to be assured that provide new opportunities for exploring com- a war that cannot be won militarily. This is their own autonomy will be regarded and mon concerns about the plight of Iraq. The therefore obviate the need for the Kurds to why the Administration should be notified UN is the appropriate place to convene, align with religious Shia for the purposes of now that Congress will not approve of the through the office of the Secretary General, self-protection. The problem in Iraq is that appropriations request of up to $160 billion in all countries that have interests, concerns every community is living in fear. The Shia, the spring for the purposes of continuing the and influence, including the five permanent who are the majority, fear they will not be occupation and the war. Continuing to fund members of the Security Council and the Eu- the war is not a plan. It would represent the ropean community, and all Arab nations. allowed to government even though they are continuation of disaster. The end of the U.S. occupation and the a majority. The Kurds are afraid they will In addition to halting funding of this war, closing of military bases are necessary pre- lose the autonomy they have gained. The a parallel political process is needed. I am of- conditions for such a conference. When the Sunnis think they will continue to be made fering such a comprehensive plan today. I ap- U.S. creates a shift of policy and announces to pay for the sins of Saddam. preciate your consideration. it will focus on the concerns of the people of A reconciliation process which brings peo- Sincerely, Iraq, it will provide a powerful incentive for ple together is the only way to overcome DENNIS J. KUCINICH, nations to participate. It is well known that their fears and reconcile their differences. It Member of Congress. while some nations may see the instability is essential to create a minimum of under- in Iraq as an opportunity, there is also an standing and mutual confidence between the THE KUCINICH PLAN FOR IRAQ ever-present danger that the civil war in Iraq Shiites, Sunnis and Kurds. threatens the stability of nations through- But how can a reconciliation process be 1. The US announces it will end the occu- constructed in Iraq when there is such mis- pation, close military bases and withdraw. out the region. The impending end of the oc- cupation will provide a breakthrough for the trust: Ethnic cleansing is rampant. The po- The insurgency has been fueled by the occu- lice get their money from the U.S. and their pation and the prospect of a long-term pres- cooperation between the U.S. and the UN and the UN and countries of the region. The ideas from Tehran. They function as reli- ence as indicated by the building of perma- gious militia, fighting for supremacy, while nent bases. A U.S. declaration of an inten- regional conference must include Iran, Syria, Egypt, Saudi Arabia and Jordan. the Interior Ministry collaborates. Two or tion to withdraw troops and close bases will three million people have been displaced. help dampen the insurgency which has been 5. Prepare an international security and peacekeeping force to move in, replacing When someone loses a family member, a inspired to resist colonization and fight in- loved one, a friend, the first response is like- vaders and those who have supported US pol- U.S. troops who then return home. The UN has an indispensable role to play here, but ly to be that there is no reconciliation. icy. Furthermore this will provide an open- It is also difficult to move toward rec- ing where parties within Iraq and in the re- cannot do it as long as the U.S. is committed to an occupation. The UN is the only inter- onciliation when one or several parties en- gion can set the stage for negotiations to- gaged in the conflict think they can win out- wards peaceful settlement. national organization with the ability to mo- bilize and the legitimacy to authorize troops. right. The Shia, some of whom are out for re- 2. U.S. announces that it will use existing The UN is the place to develop the process, venge, think they can win because they have funds to bring the troops and necessary to build the political consensus, to craft a the defacto support of the U.S. The end of equipment home. Congress appropriated $70 political agreement, to prepare the ground the U.S. occupation will enhance the oppor- billion in bridge funds on October 1st for the for the peacekeeping mission, to implement tunity for the Shia to come to an accommo- war. Money from this and other DOD ac- the basis of an agreement that will end the dation with the Sunnis. They have the oil, counts can be used to fund the troops in the occupation and begin the transition to inter- the weapons, and support from Iran. They field over the next few months, and to pay national peacekeepers. This process will have little interest in reconciling with those for the cost of the return of the troops, take at least three months from the time the who are seen as Baathists. (which has been estimated at between $5 and U.S. announces the intention to end the oc- The Sunnis think they have experience, as $7 billion dollars) while a political settle- cupation. the former army of Saddam, boasting half a ment is being negotiated and preparations The U.S. will necessarily have to fund a million insurgents. The Sunnis have so much are made for a transition to an international peacekeeping mission, which, by definition more experience and motivation that as soon security and peacekeeping force. will not require as many troops. Fifty per- as the Americans leave they believe they can 3. Order a simultaneous return of all U.S. cent of the peacekeeping troops must come defeat the Shia government. Any Sunni re- contractors to the United States and turn from nations with large Muslim populations. venge impulses can be held in check by over all contracting work to the Iraqi gov- The international security force, under UN international peacekeepers. The only sure ernment. The contracting process has been direction, will remain in place until the Iraqi path toward reconciliation is through the po- rife with world-class corruption, with con- government is capable of handling its own litical process. All factions and all insur- tractors stealing from the U.S. Government security. The UN can field an international gents not with al Qaeda must be brought to- and cheating the Iraqi people, taking large security and peacekeeping mission, but such gether in a relentless process which involves contracts and giving 5% or so to Iraqi sub- an initiative will not take shape unless there Saudis, Turks, Syrians and Iranians. contractors. Reconstruction activities must is a peace to keep, and that will be depend- 7. Reconstruction and Jobs. Restart the be reorganized and closely monitored in Iraq ent upon a political process which reaches failed reconstruction program in Iraq. Re- by the Iraqi government, with the assistance agreement between all the Iraqi parties. build roads, bridges, schools, hospitals, and of the international community. The mas- Such an agreement means fewer troops will other public facilities, houses, and factories sive corruption as it relates to U.S. contrac- be needed. According to UN sources, the UN with jobs and job training going to local tors, should be investigated by congressional peacekeeping mission in the Congo, which is Iraqis. committees and federal grand juries. The four times larger in area than Iraq, required 8. Reparations. The U.S. and Great Britain lack of tangible benefits, the lack of ac- about twenty thousand troops. Finally the have a high moral obligation to enable a countability for billions of dollars, while UN does not mobilize quickly because they peace process by beginning a program of sig- millions of Iraqis do not have a means of fi- depend upon governments to supply the nificant reparations to the people of Iraq for nancial support, nor substantive employ- troops, and governments are slow. The ambi- the loss of lives, physical and emotional in- ment, cries out for justice. tion of the UN is to deploy in less than nine- juries, and damage to property. There should It is noteworthy that after the first Gulf ty days. However, without an agreement of be special programs to rescue the tens of War, Iraqis reestablished electricity within parties the UN is not likely to approve a thousands of Iraqi orphans from lives of des- three months, despite sanctions. Four years mission to Iraq, because countries will not titution. This is essential to enable rec- into the U.S. occupation there is no water, give them troops. onciliation.

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00056 Fmt 7634 Sfmt 9920 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE January 10, 2007 CONGRESSIONAL RECORD — HOUSE H311 9. Political Sovereignty. Put an end to sus- have 700-plus pounds of marijuana. Our Federal Government needs to picions that the U.S. invasion and occupa- That is not just for personal use, Mr. take a stand for border security, en- tion was influenced by a desire to gain con- Speaker, that is worth $1 million on force the rule of law and support those trol of Iraq’s oil assets by (A) setting aside the market in Texas. He sees the two that we have put down to the border initiatives to privatize Iraqi oil interests or with few utensils to protect the dignity other national assets, and (B) by abandoning drug agents. He flees, jumps out of the efforts to change Iraqi national law to facili- van and tries to cross the Rio Grande of this country. tate privatization. River. The facts are in dispute as to Yes, Mr. Speaker, justice is the one Any attempt to sell Iraqi oil assets during what occurs. There is a fight with the thing we should always find. We had the U.S. occupation will be a significant agents. The agents say the drug dealer better find it on the Texas-Mexico bor- stumbling block to peaceful resolution. The had a weapon pointed at them. After der, or injustice will rule the day and current Iraqi constitution gives oil proceeds the smoke cleared, the drug dealer gets this country will pay for it by failing to the regions and the central government shot in the buttocks and runs back to to enforce the rule of law in failing to gets nothing. There must be fairness in the keep illegal drug dealers out of this Na- distribution of oil resources in Iraq. An Iraqi Mexico. I say: Well done, border agents. Give tion. National Oil Trust should be established to And that’s just the way it is. guarantee the oil assets will be used to cre- them a medal. But that is not what our ate a fully functioning infrastructure with Federal Government decided to do. Our f financial mechanisms established protect Federal Government decided to go to PRESIDENT BUSH MUST END HIS the oil wealth for the use of the people of Mexico, find this drug dealer, a habit- WAR IN IRAQ Iraq. ual offender that brings drugs into the The SPEAKER pro tempore. Under a 10. Iraq Economy. Set forth a plan to sta- United States, and give him immunity bilize Iraq’s cost for food and energy, on par previous order of the House, the gen- to what the prices were before the U.S. inva- to testify against the two border tleman from Massachusetts (Mr. sion and occupation. This would block ef- agents, bring him back to the United MCGOVERN) is recognized for 5 minutes. forts underway to raise the price of food and States and let him testify in a so-called Mr. MCGOVERN. Mr. Speaker, to- energy at a time when most Iraqis do not trumped up civil rights violation. night we will once again listen to have the means to meet their own needs. But while waiting to testify, he President Bush as he describes yet an- 11. Economic Sovereignty. Work with the crosses the border again and given im- other strategy for the war in Iraq. By world community to restore Iraq’s fiscal in- munity, yes, a second time for bringing all accounts from the media, the Presi- tegrity without structural readjustment drugs into the United States. dent will tell the Nation that he in- measures of the IMF or the World Bank. After the trial was over with, both of 12. International Truth and Reconciliation. tends to send more U.S. troops to fight Establish a policy of truth and reconciliation these drug agents were prosecuted for and die in Iraq. between the people of the United States and enforcing the law, doing the job that This is not ‘‘stay the course,’’ Mr. the people of Iraq. they are supposed to. A week from Speaker, this is escalation. today, these two border agents will be And at a bare minimum, Congress f taken to the Federal penitentiary to must find the wisdom and the courage SPECIAL ORDERS serve 10 and 11 years respectively. to require and vote upon specific new The SPEAKER pro tempore. Under a Mr. Speaker, this ought not to be. authorization to escalate the number previous order of the House, the fol- Our Federal Government chose the of troops in Iraq. lowing Members will be recognized for wrong side in this case. They chose the This is what Senator KENNEDY called 5 minutes each. enemy side in this case. for yesterday. He has introduced legis- Mr. Speaker, what are our border lation that prohibits any Federal funds f agents to do when somebody flees, from being used to increase the number The SPEAKER pro tempore. Under a being a drug dealer, and tries to go of U.S. forces in Iraq without a specific previous order of the House, the gen- back to Mexico? What are they sup- authorization of Congress by law for tleman from North Carolina (Mr. posed to do? Are they supposed to say, such an increase. JONES) is recognized for 5 minutes. ‘‘Halt in the name of the law’’? It is the very minimum we can do, (Mr. JONES of North Carolina ad- Mr. Speaker, those days are over in Mr. Speaker, for Congress to finally dressed the House. His remarks will ap- this country. take some responsibility for this war pear hereafter in the Extensions of Re- So either they can enforce the law or and exercise some accountability. marks.) they can’t enforce the law. Enforcing What do you do, Mr. Speaker, when a f the law on the Texas border is unen- President fails to listen to the military forceable. It is a lawless border because advice of his generals? When he con- BORDER AGENTS RAMOS AND our Federal Government always choos- sistently changes generals when their COMPEAN es the wrong side. experience and best counsel does not The SPEAKER pro tempore. Under a Today, Jose Compean and his wife, match his own preconceived ideas? previous order of the House, the gen- Patty, were here in Washington, DC. What do you do, Mr. Speaker, when a tleman from Texas (Mr. POE) is recog- Many Members of Congress in this President ignores the recommenda- nized for 5 minutes. House on both sides talked to them tions of the bipartisan Iraq Study Mr. POE. Mr. Speaker, it is said that about the facts of this case and their Group? What do you do when a President, justice is the one thing you should al- lives and how it has been changed. All whose idea of a exit strategy is to kick ways find. You have to saddle up the Jose Compean ever wanted to do was be the ball down field, is determined to boys, you have to draw a hard line. a border agent for the United States dump this mess on whoever will be the Justice is the one thing you should al- and protect the dignity of this country, ways find. next President of the United States? and he is being punished for that. Mr. Speaker, this President lost the Those lyrics are from a song by So our government had a choice, the mid-term elections. He lost because the Willie Nelson, not quite the legal choice to be on the side of the drug American people voted against the war, scholar most of us would think, but a dealer or the border agents; the choice and they want a new direction. This is true statement nonetheless. to be on the side of the illegals or the George Bush’s war, and he should end But justice is the one thing you can’t legals; the side of crime or crime fight- it on his watch. If he is not going to find on the Texas-Mexico border, and ers. And our government chose poorly, listen to his own generals, the counsel recent events show that. Mr. Speaker. This ought not to be. of the Iraq Study Group or the Amer- Not too long ago, two of our border My prior career before becoming a ican people, then Congress must con- agents, Jose Compean and Ignacio Member of Congress was as a judge in front him and begin to deny him the Ramos were doing their job on the Texas. I heard over 25,000 felony cases means and the ability to carry out the Texas-Mexico border, on patrol keeping of all types. And I am here to tell you, next disastrous step of his policy. illegals out of the United States. based on what I know about this case, They come in contact with a drug a great injustice has occurred not only b 1730 dealer who sees them and takes off run- to our border agents but to our coun- It is my view that too many in Wash- ning in his van. His van happened to try. ington are consumed with saving face,

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE H312 CONGRESSIONAL RECORD — HOUSE January 10, 2007 rather than saving lives. Political ex- TRIBUTE TO CORPORAL JASON L. tempting to depart to the east. Cor- pediency, political cover and political DUNHAM, UNITED STATES MA- poral Dunham ordered his Marines to posturing must not be the guiding prin- RINE CORPS block their movement and check the ciples on how we proceed in Iraq. In- The SPEAKER pro tempore. Under a vehicles for insurgents. stead, we must be focused on the men previous order of the House, the gen- As he approached the second vehicle in the column, an insurgent leaped out and women we put in harm’s way. tleman from New York (Mr. KUHL) is And everyone in this Chamber should recognized for 5 minutes. and attacked Corporal Dunham. In the be haunted by the fact that Congress Mr. KUHL of New York. Mr. Speaker, ensuing hand-to-hand struggle, Cor- has acquiesced too many times in one it is with honor and pleasure that I rise poral Dunham wrestled the Iraqi insur- of the worst foreign policy blunders in to recognize Corporal Jason L. gent to the ground and immediately United States history. Over 3,000 Amer- Dunham, United States Marine Corps. noticed that the insurgent was holding ican military personnel have been Corporal Dunham will posthumously a live grenade. Corporal Dunham alerted his fellow killed in this war. Are we going to receive our Nation’s highest award for Marines and, aware of the imminent stand here next January and talk valor tomorrow, on January 11, 2007, danger but without hesitation, he re- about the 4,000 or 5,000 who will have from our 43rd President, George W. moved his helmet and covered the gre- died? Well over 22,000 American troops Bush. have been wounded, some injured for Corporal Dunham grew up in my con- nade, absorbing the brunt of the explo- sion and shielding the fellow Marines life, and over tens of thousands of Iraqi gressional district in Scio, New York. from a blast in a selfless act of bravery men, women and children are dead. He was known for his prowess in bas- that most certainly saved the lives of a It is long past time for this Congress ketball, baseball and soccer at Scio to accept responsibility for having minimum of two of his Marines. Central School. He was also well By his undaunted courage, intrepid given this President a blank check and known throughout the entire commu- fighting spirit and unwavering devo- a free pass for nearly 4 years. nity, not just for the good-natured tion to duty in the face of certain It is simply false to argue that plac- pranks that he pulled but for being a death, Corporal Dunham gallantly gave ing any restrictions on funding for this young man of enthusiastic yet humble his life for his country, thereby reflect- disastrous war somehow shortchanges spirit, someone who genuinely cared ing great credit upon himself and up- our troops. Redeployment from Iraq for others and could always be counted holding the highest traditions of the does not shortchange our troops. on if someone was in need. Marine Corps and the United States Bringing them home to their families He enlisted in the Marine Corps in Naval Service. does not shortchange our troops. July of 2000, because the Marines were Corporal Jason L. Dunham epito- I will tell you what shortchanges our known to have the toughest training mizes the selfless devotion to duty that troops. Making them serve two, three but also the strongest brotherhood. He our young men and women have dis- or possibly even four tours of duty in also felt a personal challenge to com- played time and time again in Iraq and Iraq, that shortchanges our troops. plete basic training and to do it well. Afghanistan, Africa and numerous Failing to provide the veterans of this Following his first duty assignment other places around the world. Our Na- war with health care, that short- with the Marine Corps security forces tion is blessed to have a military full of changes our troops. Increasing by more in Kings Bay, Georgia, Corporal Corporal Dunhams who are serving than five times the backlog on vet- Dunham was assigned to the Fourth with great distinction. erans’ disability claims so that those Platoon, K Company, Third Battalion, My heart certainly goes out to his injured in Iraq and those suffering from Regimental Combat Team 7, First Ma- family, to the townspeople of his home- PTSD don’t get the help they need rine Division. town, Scio, New York, and the Ma- when they return home, that short- Having quickly proven himself as a rines, for they have lost one of Amer- changes our troops, Mr. Speaker. capable and concientious leader, Cor- ica’s finest. poral Dunham was assigned as a squad Mr. Speaker, there is no military vic- f tory to be had in Iraq. It is time leader and therefore was entrusted George Bush ended his war and brought with the training, welfare and the lives NO ESCALATION OF THE WAR IN our uniformed men and women home. of nine American sons. He soon earned IRAQ To do that, we must change the dy- the reputation for his unwavering com- The SPEAKER pro tempore. Under a namic in Iraq. We must end our occu- mitment to his fellow Marines. He had previous order of the House, the gen- pation, let the Iraqi people determine a caring, a respectful and a humane tleman from Oregon (Mr. DEFAZIO) is their own destiny and engage the coun- style of leadership and believed above recognized for 5 minutes. tries of the region and the inter- all in leadership by example. Mr. DEFAZIO. Mr. Speaker, in a few national community while we with- On April 14, 2004, while conducting a hours the President will address the draw. reconnaissance mission in the town of Nation and talk about his plan to esca- We can start by voting not to esca- Karabilah in Al Anbar Province, Cor- late the war in Iraq, to try and salvage late this war, even if that means condi- poral Dunham and his men heard rock- the abysmal failures of his administra- tioning or withholding funds. I, for one, et-propelled grenades and small arms tion and the unnecessary war which Mr. Speaker, will not vote for any so- fire erupting two kilometers to the they sold to the Congress and the called emergency supplemental appro- west. Their battalion commander’s pa- American people. priations bill that escalates the war in trol had been ambushed while en route Now, in leading up to this, just last Iraq, that fails to offer a clear plan for to visit L Company at Camp Husaybah month the President said, ‘‘It is impor- when our troops will be coming home. right on the Syrian border. tant to trust the judgment of the mili- Mr. Speaker, the American people Realizing that his unit was in a posi- tary when they are making military get it. They are far ahead of the politi- tion to assist, Corporal Dunham or- plans. I am a strict adherer to the com- cians in Washington. They want leader- dered the vehicles of his combined mand structure.’’ President Bush. ship. They want us to do what is right. anti-armor team to link up with his Well, I guess he is, because he is the They want us to end the war. dismounted squad and advance towards commander-in-chief, and he is ignoring the engagement to provide reinforce- the advice of the uniformed services. f ment. The President’s chief military advisers The SPEAKER pro tempore (Mr. Upon reaching the sight of the am- oppose this escalation in the war. SIRES). Under a previous order of the bush, they were quickly barraged with General John Abizaid, who was then House, the gentleman from Indiana enemy fire. Corporal Dunham ordered head of all U.S. forces in the Middle (Mr. BURTON) is recognized for 5 min- the vehicles to dismount and led one of East, testified before the Senate Armed utes. his fire teams into the village to neu- Services Committee November 15, ‘‘I (Mr. BURTON of Indiana addressed tralize the ambush. met with every divisional commander, the House. His remarks will appear After having moved several blocks General Casey, the corps commander, hereafter in the Extensions of Re- south into the village, they discovered General Dempsey. We all talked to- marks.) seven Iraqi vehicles in a column at- gether. And I said, in your professional

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE January 10, 2007 CONGRESSIONAL RECORD — HOUSE H313 opinion, if we were to bring in more years, we have seen countless incidents school and do not feel safe, and I have American troops now, does it add con- across the Nation. talked to so many teenagers and mid- siderably to our ability to achieve suc- School violence is not limited to dle school students that say that many cess in Iraq? And they all said no.’’ urban areas. Acts of bullying and other times they do not feel safe in school. But the decider wasn’t listening. The violent crimes occur in schools across We can do something, but we need a reason is because we want the Iraqis to the Nation on a daily basis. We must better way of reporting it. do more. It is easy for the Iraqis to rely do something to stop this growing f on us to do this work. I believe that trend. more American forces prevent the Our current reporting system on b 1745 Iraqis from doing more, from taking school violence is severely flawed. The SPEAKER pro tempore. Under a more responsibility for their own fu- Under current law, school violence previous order of the House, the gen- ture. stats are collected through surveys and tleman from Pennsylvania (Mr. SHU- The President didn’t like what he self-reported data. This data is not the STER) is recognized for 5 minutes. had heard, the decider being an adherer most current data available and does (Mr. SHUSTER addressed the House. to the military chain of command, so not provide an accurate view of the sit- His remarks will appear hereafter in General Abizaid is being shown the uation. the Extensions of Remarks.) door. As a Lebanese American who is The FBI has developed a system of f reporting that is both comprehensive fluent in Arabic, I think his under- SECURITY FOR AMERICANS AT and up to date. This system is referred standing of the region far exceeds that HOME AND ABROAD of any of the advisers that the Presi- to as the NI–BERS System. It collects dent may be depending upon to make the data, details of crime incidents, The SPEAKER pro tempore. Under a this misguided proposal to escalate the and is a much greater tool to prevent previous order of the House, the gentle- war. school violence. Accurate data is valu- woman from California (Ms. WOOLSEY) General Casey has also been removed able to addressing this issue. It allows is recognized for 5 minutes. as commander of U.S. forces in Iraq. It our school administrators to see the Ms. WOOLSEY. Mr. Speaker, yester- started with General Shinseki, who true impact of school safety programs day, the House passed H.R. 1, a bill in- told the President he would need and it provides the basis for need-based stituting the 9/11 Commission’s rec- 500,000 troops to occupy the country school funding. ommendations. I am proud that the and avoid the abyss into which we have In response to these issues, I have in- Speaker made this her first priority. It fallen, a civil war, insurrection, insur- troduced the Safe Schools Against Vio- was an important first step. It was a gency. He also was fired because the lence in Education Act. My bill, re- step to strengthen America’s security. decider didn’t believe his advice. ferred to as the SAFE Act, moves re- Another step we can take to provide It is time to change course in Iraq. porting data from surveys to real crime security to Americans at home and And the President is not only con- stats in the NI–BERS System. This abroad is to bring our troops home tinuing a failed policy and sending move will allow schools to accurately from Iraq. It is what I have been saying more U.S. troops to a mission that is address school safety issues. for several years now. In fact, this is very unlikely to succeed, according to It will also ensure that funding is al- my 176th 5-minute special order on the advice of his uniformed com- lotted to the schools that need it the Iraq. And it is what the American peo- manders, who he is ignoring, he is also most. Our schools do not have the re- ple demanded on November 7. going to undermine the effort in Af- sources that they need to combat From the very beginning, our pres- ghanistan. school violence. President Bush has ence and continued occupation has Things are going bad in Afghanistan. constantly cut funding for the Safe and brought strong opposition and violence Remember, that is where Osama bin Drug Free Schools Program. These to Iraq. The Vice President promised Laden planned 9/11. That is where the cuts have left our already-overbur- we would be greeted as liberators, that Taliban supported and harbored al dened schools without the money need- the troops would be hailed with cheers Qaeda and Osama bin Laden. We, with ed to stop school violence. and flowers. Instead, the sad thing is NATO and the world behind us, decided The SAFE Act will restore funding our troops are being greeted with snip- to take them out. Remember that? for our schools through a need-based ers, with rocket-propelled grenades and Osama bin Laden, dead or alive; dead grant program. Schools that do not with roadside bombs. or alive. You don’t hear that from the have a safe climate will receive grants Tonight, the President will announce White House much anymore. from the Department of Education. an escalation in the occupation. He But Osama bin Laden is still plan- That money will be used to update wants to send over 20,000 more troops ning attacks on the United States, and school safety programs to curb the to Iraq. In fact, we have learned just the one-eyed Omar is coming back to needless acts of violence and make our today that those troops are already ar- Kandahar. They are planning a spring schools safer for our children. If we are riving in Baghdad. He wants to put offensive. They didn’t withdraw this serious about school safety, we must over 20,000 more troops in harm’s way. winter. The NATO forces are ineffec- not only implement new reporting And for what? tual. And what is the President’s re- measures but must fully fund our Tonight, the President will not an- sponse? He is going to withdraw U.S. schools. nounce an exit plan. Tonight, the troops from that region. The SAFE Act is endorsed by the Na- President will not talk about bench- So we have the heart of darkness, Af- tional Parent and Teachers Associa- marks. Tonight, what the President ghanistan, and the President is ignor- tion, the American Federation of will do is support more of the same. ing that problem to continue his failed Teachers and the National School Safe- This is just ‘‘stay the course.’’ Let’s policies in Iraq. No escalation of the ty and Security Services. call it what it is: an escalation. war in Iraq by the adherer-decider, Congress has sat and watched as A majority of Americans support President Bush. schools across the country have at- bringing the troops home. In fact, a re- f tempted to deal with school violence cent poll showed that a majority of with insufficient data and little to no men and women in uniform support an SUPPORT THE SAFE ACT funding. We tried to correct this in end to this occupation. And yet the The SPEAKER pro tempore. Under a Leave No Child Behind. So as we reau- President wants more troops and re- previous order of the House, the gentle- thorize Leave No Child Behind this fuses to put forth a plan to end our woman from New York (Mrs. MCCAR- year, I am hoping we will be able to im- military presence there. THY) is recognized for 5 minutes. plement a better program. We have an Well, the American people and the Mrs. MCCARTHY of New York. Mr. opportunity to change the way we han- Congress have waited long enough, Mr. Speaker, earlier this week, unfortu- dle school violence in this country and Speaker, for the Commander in Chief nately, violence has struck our schools truly make our schools safe. to do his job. So, on Friday, the Pro- again. Unfortunately, this has been an We see and hear every day about the gressive Caucus and the Out of Iraq increasing trend. In the past several violence, when our children are in Caucus will host a forum with former

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE H314 CONGRESSIONAL RECORD — HOUSE January 10, 2007 Senator George McGovern and Dr. Wil- sufficient accountability to prevent most of whom, if you can look through liam Polk on one such plan. This is a the types of abuses that have plagued each, are under the age of 30 and who unique opportunity for Members to dis- the Catholic community in the north left families, parents and children. cuss available options. I encourage my for so long. They went to serve our country with colleagues to join us at this forum on Mr. Speaker, the community of honor, no doubt, but many of them en- Friday, day after tomorrow, at 9:30 in Northern Ireland and all of the polit- listed in the Reserve and the Guard the Cannon caucus room. ical parties must be involved in the hoping that they would come back to We know there is no quick solution process to create a New Beginning to get a college education, to have a bet- to put Iraq and the region back to- Policing. Since the Patten Commission ter life, to be able to get housing and gether again. But until we start to se- Report in September 1999, much to get health care for their families. riously consider the plans out there, we progress has been made in terms of in- Unfortunately, that dream is not true are stuck with President Bush’s esca- creased recruiting of Catholic officers, for many of them. lation and status quo. And you know establishment of district policing There are approximately, at this what? Because I respect the troops and boards, and increased oversight and ac- time, 132,000 U.S. troops serving in I respect their families so very much, I countability of the police service. The Iraq. This war, as you know, is having refuse to ‘‘stay the course.’’ St. Andrews Agreement, issued this a significant impact on our families So I tell the President: No, no to es- past year, showed that the path to re- and our communities. Last December calation. I tell the President: No, no to storing critical political institutions was the deadliest month of the war in the status quo. And I say: Yes, yes to should include support for and devolu- over 2 years. U.S. casualties have ex- strengthening our Nation by protecting tion of policing. ceeded well over 3,000 lives, and more those who have already given so very Sinn Fein has taken the bold step of than 22,700 servicemen and women have much and bringing them home to their moving forward to support the policing been permanently injured or disabled. families. institutions, and now Dr. Paisley Nearly half of those will not be able to seems to want to stay in the past in- lead a normal life. f stead of recognizing that it is time to While Latinos make up just about 12 The SPEAKER pro tempore. Under a move forward with a police service and percent of the U.S. population, they previous order of the House, the gen- a government that respects and rep- make up 17 percent of the service men tleman from California (Mr. GEORGE resents all the people of Northern Ire- and women in combat in Iraq, and MILLER) is recognized for 5 minutes. land. about 11 percent of those have already (Mr. GEORGE MILLER of California Mr. Speaker, I again commend Gerry been killed. addressed the House. His remarks will Adams, the leadership of Sinn Fein, In the District that I represent in appear hereafter in the Extensions of Prime Minister Blair, and the California, we have lost these young Remarks.) Taoiseach, Bertie Ahearn, for all their men. Sadly, Latinos, both citizens and f hard work and courage in moving the noncitizens, and I mean those that carry green cards, are proudly there to THE IRISH PEACE PROCESS peace process forward. It will not be easy to overcome the troubling history serve our country, but we need to do more for them. The SPEAKER pro tempore. Under a of discrimination and distrust between In 2001 to 2005 alone, the number of previous order of the House, the gen- communities in Northern Ireland. I tleman from New Jersey (Mr. PALLONE) Latinos in the Army who enlisted rose hope, however, that Dr. Paisley and the by 26 percent. There are currently is recognized for 5 minutes. membership of the Democratic Union- Mr. PALLONE. Mr. Speaker, first let 35,136 green card soldiers proudly serv- ist Party will put aside the politics of ing our country today. An additional me say how happy I am to see our the past and become a partner in mov- Speaker, the gentleman from New Jer- 28,000 have become U.S. citizens since 9/ ing towards a just and lasting peace in 11, and 73 have been granted citizenship sey, who I would mention to my col- Northern Ireland. leagues was the Speaker of the General after death. f This includes one of my very own, Assembly in the State of New Jersey, The SPEAKER pro tempore. Under a who was a fallen soldier early in the so he certainly knows what to do in the previous order of the House, the gen- war, a young man, Lance Corporal Speaker’s chair. Great to see you up tleman from Alabama (Mr. ADERHOLT) Francisco Martinez, in the Marines, there this evening. is recognized for 5 minutes. representing the City of Duarte in the I come to the floor this evening to (Mr. ADERHOLT addressed the San Gabriel Valley. His service to this once again call on Dr. Ian Paisley and House. His remarks will appear here- Nation is countless. He was not even a the Democratic Unionist Party to sup- after in the Extensions of Remarks.) U.S. citizen. He gave his life and was port peace and justice in Northern Ire- granted posthumous citizenship. But land and not get in the way of creating f we need to do more for our soldiers THE WAR IN IRAQ, LATINOS AND a truly devolved government. I call on than that. my colleagues to support the ‘‘New Be- TROOP ESCALATION PLAN The plan the President is going to ginning’’ policy envisioned in the Good The SPEAKER pro tempore. Under a speak to us of tonight ignores the real Friday Agreement and the subsequent previous order of the House, the gentle- needs of our troops and the reality of Patten Report, even as Northern Ire- woman from California (Ms. SOLIS) is the situation. Three times in the past 2 land tackles the controversial issue of recognized for 5 minutes. years President Bush has increased the setting up a fair and effective criminal Ms. SOLIS. Mr. Speaker, good number of troops in Iraq. Three times justice system. evening to you and to those families the approach has failed. From Novem- British Prime Minister Tony Blair that are listening to us tonight. ber 2004 to March 2005, the level of U.S. has called Sinn Fein’s leadership under I believe our Nation needs a policy to troops increased from 12,000 to 150,000. President Gerry Adams ‘‘remarkable,’’ secure and stabilize Iraq, one that con- The increase did nothing to improve and I certainly agree. Despite a long structively engages in diplomacy and long-term security. history of unfair treatment and at- partners with neighboring countries During the constitutional ref- tacks by unionist paramilitaries and and the region to create a stable and erendum in the fall of 2005, troop levels others, Sinn Fein is moving down the peaceful Nation in Iraq. increased by 22,000 soldiers, for a total path to devolution by supporting the Unfortunately, President Bush of more than a 160,000 American service Police Service of Northern Ireland and missed the opportunity to set the men and women in Iraq. Again, this in- working with the criminal justice sys- United States on a new course in Iraq. crease, while limiting major violence tem. Without a plan to secure the peace and during the referendum, did nothing to In order for the citizens of Northern stabilize Iraq, President Bush’s plan improve the long-term security in that Ireland to have a police force they can will do nothing but unnecessarily risk particular area. respect and cooperate with, they need the lives of more U.S. servicemen. During Operation Together Forward, to be assured that power sharing will I have here displayed 13 of those serv- the Bush administration sent addi- be restored and officials will ensure ice members who represent my district, tional troops to Baghdad. The U.S.

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE January 10, 2007 CONGRESSIONAL RECORD — HOUSE H315 military spokesman, General William approach to dealing with the debacle commanders and their generals that Caldwell, stated this effort was a fail- that he has created in Iraq. He has they needed more troops, but, no, Mr. ure and had ‘‘not met our overall ex- coined it, ‘‘New Way Forward.’’ He has Rumsfeld convinced, I suppose, this pectations for sustaining a reduction in referred to it as a surge, but we all President that we didn’t need it, and so the level of violence.’’ know what this is. This is an esca- we didn’t send them. And now, at the Each of these instances has some- lation. 12th hour, we are talking about sending thing in common. Each failed to im- The President of the United States is more troops. prove the long-term security situation probably going to announce that the It is too late. It is too late to have and the violence and death toll, which surge has already started. There are re- this escalation. We have lost. We have continues to rise. Even the Commander ports in the news already that about 90 mismanaged. We have created an un- of U.S. Central Command has testified advanced troops from the 82nd Air- tenable situation, and there is a civil that top military commanders in Iraq borne will arrive in Baghdad today, I war going on in Iraq, and we can’t do not believe increasing the number of believe. And so this so-called surge manage it. We cannot undo the harm troops is the right approach. He stated, that the President has begun is one that we have created, and it does not in fact, more American forces prevent that is taking place without the sup- make good sense to send our troops the Iraqis from doing more, from tak- port of the American people, without into harm’s way. ing more of their own responsibility. the support of many of the Members of Not only is our Commander-in-Chief We know the solution is not to send Congress on both sides of the aisle. sending more troops, the length of more troops to Iraq without a real plan Americans, and elected officials, in Army deployments will be increased to secure the peace. Fifty-five percent particular, are sick and tired of being from 12 months to 15 months. Marine of Americans do not believe more misled, of not being told the truth, and deployment will be increased to 12 troops can secure Baghdad, and 59 per- trying to explain to our constituents months from 7 months. In addition, the cent of Americans want redeployment what this war in Iraq is all about. amount of time they spend at home to of American forces, this includes two- Americans, basically, have come to the rest before returning to Iraq will be thirds of the Latino population, who conclusion that this war has been mis- shortened. want our troops brought home. A study managed, that they have not been told Mr. President, mothers, fathers and done by the Pew Hispanic Center found the truth, that there were no weapons families want their children and their that 75 percent of Latinos now believe of destruction. relatives home. Oh, there were promises made. We that the U.S. made the wrong choice in f were told by Mr. Rumsfeld that we using military force in Iraq. The SPEAKER pro tempore. Under a Americans, as you know, voted No- would be welcomed with open arms; we previous order of the House, the gentle- vember 7 for a new direction in Iraq, would be seen as the liberators. The woman from the District of Columbia and we must deliver that promise. Our Iraqis see us as occupiers, and they (Ms. NORTON) is recognized for 5 min- Nation needs a policy to secure and want us out of their country. utes. stabilize Iraq, one that constructively We were told that we didn’t have to (Ms. NORTON addressed the House. engages in diplomacy and partners worry about the cost of this war be- Her remarks will appear hereafter in with our neighbors there. We need a cause there would be profits from the the Extensions of Remarks.) plan that ensures that there are no per- oil in Iraq that would not only help pay manent U.S. military bases in Iraq and for the war but it would help to recon- f struct the damage that has been done a plan to decrease the U.S. presence THE PRESIDENT’S TROOP SURGE to Iraq by the occupation. there. We need a plan which inves- IS TANTAMOUNT TO AN ESCA- Oh, we were told not only would we tigates and punishes companies like LATION OF THE IRAQ WAR AND have oil resources that would repay or Halliburton engaged in war profit- WILL NOT MAKE AMERICA OR pay for some of this damage, we were eering and fraud, like the $1.4 billion in IRAQ SAFER unreasonable and unsupported charges told that enough troops were going to by Halliburton which the Defense Con- be, Iraqi troops were going to be The SPEAKER pro tempore. Under a tract Audit Agency identified. trained and that the numbers were previous order of the House, the gentle- We need a policy and a plan to put growing and that they would soon be woman from Texas (Ms. JACKSON-LEE) welfare of our service men and women able to take over the security of Iraq. is recognized for 5 minutes. first so that they come home, rejoin None of that has happened. As a mat- Ms. JACKSON-LEE of Texas. Mr. their families and receive the care that ter of fact, what we are finding is that Speaker, let me thank you for your they deserve. This should also include our troops are being deserted in times leadership and presence during this im- services for all of our veterans, both of crisis and confrontation by Iraqi sol- portant debate and discussion. men and women. diers, that they are being undermined, I almost don’t know where to start. Because when you begin to discuss the f oftentimes, by Iraqi soldiers, and that our troops don’t know a Shiite from a issue of Iraq, you must be very cau- b 1800 Sunni from a Kurd. And they are very tious. The SPEAKER pro tempore (Mr. much so in harm’s way because they One, the constitutional premise is SIRES). Under a previous order of the really don’t know what they are fight- that the President is the Commander- House, the gentleman from Michigan ing, why they are fighting and why in-Chief. The immediate inquiries of (Mr. STUPAK) is recognized for 5 min- they are in Iraq. the press of how are you going to trans- utes. But this President plans on sending late the vote of the American people (Mr. STUPAK addressed the House. about 24,000 U.S. troops to Iraq. Five into action, you are just the Congress; His remarks will appear hereafter in brigades of U.S. troops, about 20,000 the Commander-in-Chief has every the Extensions of Remarks.) soldiers will be deployed to Baghdad to right to command the troops. And f suppress sectarian violence. An addi- might I say that this President has tional 4,000 troops will be sent to the commanded the troops. As I visited Af- ESCALATION OF TROOPS IN IRAQ Anwar Province to pursue insurgents. ghanistan and Iraq, every one of those The SPEAKER pro tempore. Under a Responsibility for security, he says, soldiers has stood up and said, I was previous order of the House, the gentle- in all of the country’s provinces will be willing to come and follow the orders woman from California (Ms. WATERS) is turned over to Iraqi forces by Novem- of my Commander-in-Chief. I respect recognized for 5 minutes. ber 2007. Oh, haven’t we heard those them, thank them, thank their fami- Ms. WATERS. Mr. Speaker and Mem- kinds of promises before. lies. bers, I come to the floor of the House How can we put any faith in the That is why I feel a special obligation this evening in advance of the Presi- President of the United States, the to begin to renew the energy and the dent’s speech that is scheduled for, I Commander-in-Chief, who first refused outrage that many of us expressed dur- think, 9 p.m. this evening, where the to send adequate numbers into the ing the debate of 2002 when we had President is going to announce his new war? They were being told by their hoped that we would have secured

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE H316 CONGRESSIONAL RECORD — HOUSE January 10, 2007 enough votes to oppose the attack on three times, four times, more than any House announced that additional American Iraq. occurrence in Vietnam. In order to get troops would be sent into Baghdad. By Octo- But I am not here to recapture past the 20,000, we must redeploy soldiers ber, a U.S. military spokesman, Gen. William failures or successes. What I am here to who have been on the battlefield, who Caldwell, acknowledged that the operation and say is that it is imperative, it is the de- are battle worn, not individuals who troop increase was a failure and had ‘‘not met mand that the American people have refuse to serve their country but are our overall expectations of sustaining a reduc- made. Not that we follow opinion polls. battle worn and battle torn. tion in the levels of violence.’’ [CNN, 12/19/06. For if you look at the opinion polls, 57 What are we for? I am for the rebuild- Washington Post, 7/26/06. Brookings Institu- percent of the American people are dis- ing of the military. I am for the replen- tion, 12/21/06.] satisfied with the way Iraq has been ishing of our equipment. I want us to 2. Elections and Constitutional Referendum handled. Larger numbers than that are be strong on defense. But I am not for (September–December 2005): In the fall of not supporting the escalating of the an escalating war that has no mission 2005 the Bush administration increased troop war. and no end. levels by 22,000, making a total of 160,000 So many might say, as I imagine the We must have political diplomacy. American troops in Iraq around the constitu- Commander-in-Chief will say tonight, I We must not send our soldiers. We tional referendum and parliamentary elections. am not here to follow opinion polls. I must have a new direction. While the elections went off without major vio- do say that any elected person has a Mr. Speaker, I come to the floor today to lence these escalations had little long-term im- right to define their own anchor. speak on the most critical issue facing our pact on quelling sectarian violence or attacks But what we are here to do is do country, the war in Iraq. This misguided, mis- on American troops. [Brookings Institution, 12/ right by the American people. We are managed, and costly debacle was preemp- 21/06. www.icasualties.org] here to do right by the 22,000 maimed tively launched by President Bush in March 3. Constitutional Elections and Fallujah (No- soldiers who have returned who are in 2003 despite the opposition of me and 125 vember 2004–March 2005): As part of an ef- the Nation’s hospitals, who we have other Members of the House. To date, the war fort to improve counterinsurgency operations not seen, with amputated arms and in Iraq has lasted longer than America’s in- after the Fallujah offensive in November 2004 legs, those that I have seen in MASH volvement in World War II, the greatest con- and to increase security before the January units with imploded brains because of flict in all of human history. 2005 constitutional elections U.S. forces were the IEDs. We are here to do right by The Second World War ended in complete increased by 12,000 to 150,000. Again there the 3,000 plus who have died and the and total victory for the United States and its was no long-term security impact. [Brookings families who are mourning their loss. allies. But then again, in that conflict America Institution, 12/21/06. New York Times, 12/2/ We are here to do right by the soldiers was led by a great Commander-in-Chief who 04.] who have said, send me. had a plan to win the war and secure the 4. Massive Troop Rotations (December I believe that the plan that the Presi- peace, listened to his generals, and sent 2003–April 2004): As part of a massive rota- dent will offer tonight is a misdirected troops in sufficient numbers and sufficiently tion of 250,000 troops in the winter and spring plan. It is a wrong plan. And let me tell trained and equipped to do the job. of 2004, troop levels in Iraq were raised from you why. Upping or plussing or surging Mr. Speaker, I say with sadness that we 122,000 to 137,000. the troops should have happened 3 have not that same quality of leadership Yet, the increase did nothing to prevent years ago. This is a war that has lasted throughout the conduct of the Iraq war. The Muqtada al-Sadr’s Najaf uprising and April of longer than World War II. The idea of results, not surprisingly, have been disastrous. 2004 was the second deadliest month for more troops without a mission is not To date, the war in Iraq has claimed the lives American forces. [Brookings Institution, 12/21/ effective. of 3,015 brave service, men and women, 115 06. www.icasualties.org. USA Today, 3/4/04] Listen to the generals who have tes- in December and 13 in the first 9 days of this Mr. Speaker, stemming the chaos in Iraq, tified before our committees. Listen to month. More than 22,000 Americans have however, requires more than opposition to the generals who have now been given been wounded, many suffering the most hor- military escalation. It requires us to make hard early retirement, who did not agree rific injuries. American taxpayers have paid choices. Our domestic national security, in with the plussing up. Why is it that the nearly $400 billion to sustain this misadven- fact, rests on redeploying our military force President has often said, I will listen to ture. from Iraq in order to build a more secure Mid- my generals, and all of a sudden these Based on media reports, tonight President dle East and continue to fight against global generals have been deposed? Bush will not be offering any new strategy for terrorist networks elsewhere in the world. Stra- And then, of course, the question is a success in Iraq, just an increase in force lev- tegic redeployment of our armed forces in realistic question. Twenty thousand els of 20,000 American troops. This reported order to rebuild our nation’s fighting capabili- troops for the city of Baghdad, now plan will not provide lasting security for Iraqis. ties and renew our critical fight in Afghanistan captured by the civil war? Not 20,000 It is not what the American people have asked against the Taliban and al-Qaeda is not just troops to help us in Mosul or Tikrit, for, nor what the American military needs. It an alternative strategy. It’s a strategic impera- but 20,000 troops to go to Baghdad, a will impose excessive and unwarranted bur- tive. city like Mexico City, or a city that is dens on military personnel and their families. Mr. Speaker, it is past time for a new direc- like another, a huge teeming city, 25 Mr. Speaker, the architects of the fiasco in tion that can lead to success in Iraq. We can- million plus. And our soldiers will now Iraq would have us believe that ‘‘surging’’ at not wait any longer. Too many Americans and be the police officers knocking on least 20,000 more soldiers into Baghdad and Iraqis are dying who could otherwise be doors looking to drag people out of nearby Anbar province is a change in military saved. their houses. That is not a military op- strategy that America must embrace or face I believe the time has come to debate, eration. future terrorist attacks on American soil. Noth- adopt, and implement the Murtha Plan for And then, of course, let me say to ing could be further from the truth, as we strategic redeployment. I am not talking about you that we did an operation upsurge learned last year when the ‘‘surge’’ idea first ‘‘immediate withdrawal,’’ ‘‘cutting and running,’’ or plus from June to October 2006. The surfaced among neoconservatives. or surrendering to terrorists, as the architects purpose was to secure Baghdad. But as Mr. Speaker, the troop surge the President of the failed Administration Iraq policy like to the Baker Commission has indicated, will announce tonight is not new and, judging claim. And I certainly am not talking about and I hope the President has read, this from history, will not work. It will only succeed staying in Iraq forever or the foreseeable fu- is a sectarian civil war. There is a need in putting more American troops in harm’s way ture. for diplomacy instead of or in front of for no good reason and without any strategic I am talking about a strategic redeployment a military action. advantage. Troop surges have been tried sev- of troops that: I passed an amendment that said eral times in the past. The success of these Reduces U.S. troops in Iraq to 60,000 within that the redeployment or the number surges is, to put it charitably, has been six months, and to zero by the end of 2007, of times that you have been redeployed underwhelming. Let’s briefly review the record: while redeploying troops to Afghanistan, Ku- should be taken into consideration be- 1. Operation Together Forward, (June–Octo- wait, and the Persian Gulf. Engages in diplo- fore you are being called up. None of ber 2006): In June the Bush administration an- macy to resolve the conflict within Iraq by con- that will occur. nounced a new plan for securing Baghdad by vening a Geneva Peace Conference modeled We don’t have 20,000 troops; and our increasing the presence of Iraqi Security on the Dayton Accords. Establishes a Gulf Se- soldiers have been over two times, Forces. That plan failed, so in July the White curity initiative to deal with the aftermath of

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00062 Fmt 7634 Sfmt 9920 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE January 10, 2007 CONGRESSIONAL RECORD — HOUSE H317 U.S. redeployment from Iraq and the growing MILLENDER-MCDONALD) is recognized The PAYGO policy brings some fiscal nuclear capabilities of Iran. Puts Iraq’s recon- for 5 minutes. sanity to what has otherwise been a struction back on track with targeted inter- (Ms. MILLENDER-MCDONALD ad- kind of runaway process where this national funds. Counters extremist Islamic ide- dressed the House. Her remarks will country is in great economic distress. ology around the globe through longterm ef- appear hereafter in the Extensions of We have had three different bipartisan forts to support the creation of democratic in- Remarks.) groups that we have had orientation stitutions and press freedoms. f sessions with. In each one of those classes we have been told that our eco- As the Center for American Progress docu- TIMES ARE CHANGING ments in its last quarterly report (October 24, nomic situation is dire. The same 2006), the benefits of strategic redeployment The SPEAKER pro tempore. Under a about our foreign policy and the same are significant: previous order of the House, the gen- about our environment and our health Restore the strength of U.S. ground troops. tleman from Tennessee (Mr. COHEN) is care system. Exercise a strategic shift to meet global recognized for 5 minutes. There are difficult times in America. threats from Islamic extremists. Prevent U.S. Mr. COHEN. Mr. Speaker, ladies and It seems good, but it really isn’t. The troops from being caught in the middle of a gentlemen that were watching or here underpinnings are not there. civil war in Iraq. Avert mass sectarian and eth- in the gallery, I am a freshman This week PAYGO is important. Cut- nic cleansing in Iraq. Provide time for Iraq’s Congressperson. I am from Tennessee. ting the ties between legislators and elected leaders to strike a power-sharing And last March I came up and I stood lobbyists was important. And it was agreement. Empower Iraq’s security forces to in that gallery and I looked down at also extremely important what we did take control. Get Iraqis fighting to end the oc- this body and I wondered if I wanted to today. We passed the minimum wage. cupation to lay down their arms. Motivate the be a part of it. The decision was made And I can’t go without quoting Presi- U.N., global, and regional powers to become partially by me by filing for office and dent Franklin Roosevelt, one of my he- more involved in Iraq. Give the U.S. the moral, waging a campaign. But the decision roes, who said, ‘‘The test of our political, and military power to deal with Iran’s was eventually made by my voters in progress is not whether we add more to attempt to develop nuclear weapons. Prevent the 9th District in Tennessee who the abundance of those who have too an outbreak of isolationism in the United elected me. They elected 49 new much; it is whether we provide enough States. Congresspeople, 41 of which are Demo- for those who have too little.’’ Today Mr. Speaker, rather than surging militarily crats; and we have just completed our we provided for those that have too lit- for the third time in a year, the president first week in office. tle and we did right. should surge diplomatically. A further military I felt like it was appropriate at the And I want to quote Hubert Hum- escalation would simply mean repeating a finish of this week, Mr. Speaker, to phrey, a great American whose bust I failed strategy. A diplomatic surge would in- give some type of report to the people looked at outside of the Senate, looked volve appointing an individual with the stature of what we have experienced as fresh- at with reverence. ‘‘The moral test of of a former secretary of state, such as Colin man Congresspeople. I don’t come here government is how it treats those who Powell or Madeleine Albright, as a special like Alexander Haig might have and as- are in the dawn of life, the children; envoy. This person would be charged with sume control. We have that freshman those who are in the twilight of life, getting all six of Iraq’s neighbors—Iran, Tur- president, and I am not that freshman the aged; and those who are in the key, Syria, Jordan, Saudi Arabia, and Ku- president, nor did I seek to be one. It is shadows of life, the sick, the needy and wait—involved more constructively in stabi- PAUL HODES from New Hampshire who the handicapped.’’ lizing Iraq. These countries are already in- is a very fine freshman legislator. I think in the tradition of some great volved in a bilateral, self-interested and dis- But a lot has happened in this week. Americans we have acted today on the organized way. We all came up here with a lot of inter- minimum wage. We will act on stem While their interests and ours are not iden- est in seeing America be better. And cell research and other issues. And tical, none of these countries wants to live with America is better. In just the one week we’ve acted on the 9/11 Commission re- an Iraq that, after our redeployment, becomes we have been here, we have been privi- ports. Most of this was done in a bipar- a failed state or a humanitarian catastrophe leged to be a part of this body. We have tisan manner. Not all of it. that could become a haven for terrorists or a seen the first lady ever elected Speaker And it has given me the opportunity, hemorrhage of millions more refugees stream- of a legislative body of this nature in which I want to take today, to quote a ing into their countries. the United States elected, NANCY line which I have read for years and The high-profile envoy would also address PELOSI. It was a historic moment. thought about when I thought about the Israeli-Palestinian conflict, the role of And earlier today one of our fresh- these halls, not thinking of myself Hezbollah and Syria in Lebanon, and Iran’s men, Congressman BILBRAY, talked being a Member of this body, which is rising influence in the region. The aim would about the fact that some years ago on a great honor coming to me at a late not be necessarily to solve these problems, this date the resolution was introduced time in life, after spending 24 years in but to prevent them from getting worse and to to give women the right to vote. That the Tennessee State Senate. show the Arab and Muslim world that we resolution passed in my home State of ‘‘Come Senators, Congressmen, share their concerns about the problems in Tennessee in 1920, when Tennessee was please heed the call. Don’t stand in the this region. the perfect 36, and gave women the doorway, don’t block up the hall.’’ Mr. Speaker, the President’s plan has not right to vote. It has been a long time, and a change b 1815 worked. Doing the same thing over and over was coming, and a change has hap- and expecting a different result is, as we all For he who gets hurt will be he who pened. And it is great to have a woman, know, a definition of insanity. It is time to try has stalled. There’s a battle outside an opportunity seen with the election something new. It is time for change. It is time and it’s raging. It’ll soon shake your of NANCY PELOSI. for a new direction. windows and rattle your walls. For the This week, we have seen changes in times they are a changin’. Bob Dylan, f the way lobbyists and legislators re- Robert Zimmerman, was right. The The SPEAKER pro tempore. Under a late, and that is one of the reasons why times they are a changin’. previous order of the House, the gen- I think Congress has one of the worst There is a Democratic majority. I am tleman from Vermont (Mr. WELCH) is reputations of any collective group of proud to be of it, as are 41 other fresh- recognized for 5 minutes. professionals or government officials in men. I can testify today that America (Mr. WELCH of Vermont addressed this country and why some of us were is in better shape than it was a week the House. His remarks will appear elected, to see a change in that culture. ago. hereafter in the Extensions of Re- And ties were cut between lobbyists f marks.) and legislators which never should f have existed. I was proud to vote for ANNOUNCEMENT BY THE SPEAKER The SPEAKER pro tempore. Under a that and see that as part of the 100 PRO TEMPORE previous order of the House, the gentle- hours of change that the Democratic The SPEAKER pro tempore (Mr. woman from California (Ms. leadership is bringing about. SIRES). The gentleman is reminded to

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE H318 CONGRESSIONAL RECORD — HOUSE January 10, 2007 refrain from referring to persons in the American people for 12 hours and 28 without any input from any of the new gallery. minutes. That is over 4 days. That Members of Congress. f turns out to be about 3 hours and 7 So the Official Truth Squad is here to minutes a day. make certain that we hold accountable CONGRATULATIONS ANNIE LEE Now, if you count the actual time for the majority party, for the prom- BOGGS LATIMER ON HER 100TH that we have been in session, which I ises that they made and make certain BIRTHDAY think is important, because if you are that the American people understand (Mr. PRICE of Georgia asked and was going to promise that you are going to and appreciate what is occurring in given permission to address the House do things in 100 hours, then you dog- Washington under this new martial law for 1 minute.) gone well better do it, and actually, we rule that we have for bringing issues to Mr. PRICE of Georgia. Mr. Speaker, have been in session now at 6:18 p.m., 38 the floor. Annie Lee Boggs Latimer was born in hours and 21 minutes, 38 hours and 21 The Official Truth Squad has one of Milton County, now a portion of Ful- minutes. our favorite quotes, we have a lot of fa- ton County in north Georgia on Janu- We are keeping track of the right vorite quotes. One of them is from the ary 10, 1907, to Elizabeth and Ben Boggs clock. So for all those folks out there, late Senator Daniel Patrick Moynihan, 100 years ago today. She grew up on a we want you to know that The Official who had one of the most wonderful and farm on Boggs Road with eight sib- Truth Squad is keeping an eye on the appropriate quotes for this building lings, Glenn, Mary, Frank, Frances, majority party and making certain that I know of, and that is that every- Walter A., Nettie, Ruth and Dorothy, that they live up to their promises. one is entitled to their own opinion but off what is now I–85 in Gwinnett Coun- We have dealt with some remarkable not their own facts. ty, Georgia. issues during the first 38 hours that we So what we would like to do this She attended Duluth High School, have been in session. We have dealt evening, Mr. Speaker, is to talk a little Young Harris College and the Univer- with the minimum wage today in a bit about some facts, some facts as sity of Georgia and went on to become way that left a lot to be desired in they relate to the two issues, Medicare a beloved teacher in Gwinnett and terms of bringing about that wonderful part D prescription drug program and Cobb counties for over 30 years. On bipartisan spirit that has been prom- stem cell research, embryonic stem June 12, 1937, she married William B. ised but not seen yet by the majority cell research. Latimer, and for over 50 years, they party. We have dealt with the 9/11 rec- Now decisions made regarding Medi- lived in what all knew as the ‘‘Rock ommendations. As you recall, Mr. care part D and the discussion that we House’’ in Duluth, Georgia. Anne and Speaker, before the election, the new are having, many people will think, Bill were married for a wonderful 61 majority party, the leaders of that well, it is just about a narrow prescrip- years until his passing in 1998. party, promised that they would enact tion drug program for Medicare. In She is the proud mother of Ben W. every single recommendation of the fact, Mr. Speaker, it is about a whole Latimer and the mother-in-law of Ra- 9/11 Commission. lot more than that. chel H. Latimer. She is an inspiration Well, that bill has come and gone If you back up from the specific de- for her two grandsons and their wives, without any input from the minority bate about prescription drugs and you Bill and Lynn and Mike and Laura, and party. As you know, you know very, look at what is really being done, what adored by her five great grandchildren very well what happened was not the is happening is that we have a dif- Brian, Sara, Claire, Gabrielle and An- enactment of every single 9/11 rec- ference of opinion, a philosophical dif- drew. She is known affectionately by ommendation, because promises made ference of opinion about who ought to her family as ‘‘Mama Anne’’ and by her on the campaign trail don’t appear to be making very personal health care friends at church as ‘‘Miss Anne.’’ be promises that will be kept in the decisions for the American people. She has imparted wisdom and posi- majority. On the other side of the aisle, on the tive values to all the many students These are important issues. We have majority side of the aisle, we appar- who were in her classes and benefitted got two more issues to go this week. ently have a majority of those individ- from her teaching. Mama Anne is a They are extremely important issues uals who believe that the government guiding light for all her family and al- to the American people. ought to be making those decisions, ways brings love, direction, caring and The issue of stem cell research, em- personal health care decisions. On the support. bryonic stem cell research, which is an minority, on the Republican side of the Mr. Speaker, I know the U.S. House incredibly important issue, a complex aisle, we are proud to say that we sup- of Representatives joins me in sending issue, a scientific issue and one, again, port health care decisions, medical de- our very best on the occasion of her that I am very distressed and con- cisions being made between physicians 100th birthday to Anne B. Latimer and cerned is not being dealt with in an and patients. That is where those deci- recognizing her life as a role model to open and honest way that has been sions ought to be made. all for achieving independence, lon- promised, nor is it being dealt with, In fact, when you look at this whole gevity and success, by living the Amer- certainly, in a bipartisan way. issue right now, it is important to ask ican dream of spirituality, community, We also have this week the issue of exactly what it is that the Democratic hard work, and accomplishment. Medicare part D prescription drug pro- majority is attempting to solve. I am very privileged, Mr. Speaker, to gram that is in place for Medicare re- When you look at this program that have had the opportunity to recognize cipients, and that, too, is being dealt has been in place now just a few short one of America’s greatest citizens. with in a way that doesn’t allow for years, the costs are down. In fact, the f any input from the minority party, costs are down for the last year, $13 bil- doesn’t allow for any amendments, lion, $13 billion. Actual costs of bene- THE OFFICIAL TRUTH SQUAD isn’t being heard in committee. fits in 2006 are 30 percent or $13 billion The SPEAKER pro tempore. The gen- The gentleman before me mentioned less than was projected. tleman from Georgia (Mr. PRICE) is rec- that there were a number of freshmen The projected costs over 10 years are ognized for 60 minutes. Members of this body, and there are, down 21.3 percent, which is $197 billion. Mr. PRICE of Georgia. Mr. Speaker, I there are 54 Members of this body who That is a fact. That is a fact. Pre- am going to shift gears a little bit are now here for the very first time, miums are down 40 percent over projec- right now and just recount a bit of this freshmen Members. They haven’t dealt tions, again a fact. If we would listen past week. This has been a remarkable with any of these issues. to the Democrats on this issue, when week, first week of a new majority. Mr. Speaker, a majority of this the bill was enacted, they attempted to For the record, the first 100 hours of House is not being allowed to deal with put into law that premiums ought to this new majority, and for the record, the issues that are coming to the floor be for every Medicare recipient, $35 a Mr. Speaker, you ought to know that right now, because they are being done month. They wanted to make certain the Speaker’s Office officially states in secret. These bills are being written that they were $35 a month. that we have been in session dealing in secret without input from anybody So what are the premiums now? They with the issues of importance to the on the minority side and certainly are about $22, $23 a month on average.

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE January 10, 2007 CONGRESSIONAL RECORD — HOUSE H319 If we had listened to them when this month for their insurance premium to And I appreciate you mentioning was enacted a couple of years ago, get the Medicare part D prescription that not even a physician in the House every single senior would be paying on plan. ought to be making the decisions, be- average $12 a month more for their pre- Well, they wanted a guarantee of $35, cause the collective wisdom here isn’t scription medication. and they said that the Republican plan as great in the area of health care in I would suggest that if the past is was going to be too costly, too expen- all 435 Members of this body than the prologue, that we ought to be very sive. The Republicans said, you know, wisdom that is between a physician careful about what is coming to the what if we actually put this out into and a patient. That collective wisdom floor this week as it relates to Medi- the free market and provide this plan is greater than the 435 individuals here. care part D. Beneficiaries, those who through market-based forces; in es- And when you talk about plans offering are using the plan and benefitting from sence saying you can compete between programs to seniors to have certain the plan, over 80 percent of them, are different plans, different companies medications and there is this big push supportive and satisfied with the pro- can offer this prescription drug benefit, to have the government negotiate, gram. That is with nearly 90 percent of and so they go out and they compete isn’t it true that those plans are nego- those eligible being supportive. for seniors’ business? That means a tiating already with pharmaceutical Again, people are entitled to their couple of different things. companies and with pharmacists? own opinion, but they are not entitled Instead of waiting in line at the So- Mr. MCHENRY. It is an excellent to their own facts. The costs are down. cial Security office for the govern- point. We are talking about negoti- Access is expansive. Medications are ment, because there is no competition ating. Who is better at negotiating, being covered across the whole spec- because we are government, waiting for somebody sitting at a desk in Wash- trum of disease. And seniors are happy. hours, or waiting on hold for hours ington, D.C., employed by the govern- I ask, Mr. Speaker, what is it that with a government agency, you have ment, or those health care experts em- the Democratic majority is attempting these individual plans. These busi- ployed by the companies offering the to fix? What problem are they trying to nesses want to keep the business of plans? solve? seniors so they provide better customer I would submit that the free market I am pleased to be joined tonight by service. will always negotiate better prices a number of colleagues to talk about But the additional thing, rather than than some government bureaucrat can both of these issues. As we talk about some government bureaucrat sitting ever do. And the fact is what the Medicare part D, I am pleased to wel- here in Washington, D.C., saying you Democrats are going to push will raise come my good friend, Congressman can take Lipitor but not Crestor to re- premiums for individual members or duce your cholesterol numbers. PATRICK MCHENRY, from the great individual constituents. Well, as a nonmedical expert, I don’t state of North Carolina who has great So, market forces. The Democrats know the details of how these medica- experience in representing individuals want to say $35 a month, everyone has tions work, but those are the types of and understanding and appreciating to pay that for their Medicare part D people, without a medical background, the importance of bringing truth to de- benefit. Well, you know the market making the decisions on who has ac- bate. forces have created a premium average cess to those types of medicine. But I welcome you, Congressman which you said that gets lower and the plan we put in place is a little dif- MCHENRY. lower. The earlier numbers from a few ferent. The plan we put in place said, Mr. MCHENRY. Thank you, Con- months ago, the average is $24, and we are going to have competition in gressman PRICE, thank you, Dr. PRICE. here now we are hearing that it is clos- As an expert on medical subjects and the marketplace. These plans say to seniors, we will er to $22 on average nationally. as someone who has treated thousands So we have a couple things, by the give you choices, choices. Do you want of patients over his career and saved way, that free market conservatives in- to pay $35 a month and have a choice of hundreds of lives as well, a humble doc- sisted on this plan being written. It any medication you want, period, or do tor would not say that; that is why I says we will have a choice, meaning in- you want to have a more limited plan must say that for you here tonight, dividuals. Our individual constituents, with fewer choices but you will pay TOM, because you have done a fantastic our individual seniors that we rep- less per month? job of leading our agenda as someone But seniors get to make that choice, resent will have that choice with their who is very engaged in these medical not some bureaucrat sitting here in plans and thereby have a choice over issues that are so important to all Washington, D.C., and not your Con- the medications that they can access. Americans, these large health care The second thing is lower prices, gressman. Because, unlike Dr. PRICE, issues that affect every American. there are very few medical experts here meaning that taxpayers don’t have to Today we have had a lot of debate in Congress that can make those deci- pay extra money and seniors don’t here on the floor about minimum wage, sions. have to pay extra money. It is a won- about raising the minimum wage. But As my colleague would say, it is not derful bargain, it is a great idea, and what is omitted from the Democrat’s even a good idea for a doctor in the this is something that we need to talk 100-hour agenda and from this debate House of Representatives to dictate about, not some sham or idea that is a about raising the minimum wage is a what an individual patient could re- political red herring. We need to talk matter of access to health care. ceive in a certain part of Georgia or a about the choices that seniors are It was a Republican Congress that in- certain part of North Carolina; much given and the price savings that they stituted Medicare part D, and which less, it doesn’t work. One-size-fits-all receive. provided a prescription drug benefit for doesn’t work. Mr. PRICE of Georgia. Choice is so the first time for seniors. There was a But what the Democrats put out here very important. And when our col- lot of debate before Congressman PRICE on the floor or what they are putting leagues on the other side of the aisle and I came to Congress about the out, I should say, later this week, is talk about negotiation and the govern- structure of that and how it is going to they want to institute price controls, ment negotiating, I just almost chuck- work. We were not a part of that de- what they call negotiating for Medi- le. If it weren’t that they were serious bate because we were not here yet, but care part D. about doing this, it would be humor- we were affected by it as Americans ous. It really would. and as policymakers here in Wash- b 1830 Because if you think about negoti- ington D.C. Mr. PRICE of Georgia. I appreciate ating with the Federal Government, I But looking back at that record, Con- your earlier comment. And I want to don’t know, Mr. Speaker, how many gressman PRICE brought up a very, get to what the Democrat plan is, but times you have had an opportunity to very strong point. As they are going I want to make certain that people ap- negotiate with the Federal Govern- through the committee process, now preciate and, Mr. Speaker, it is impor- ment, but when I think about negoti- close to 4 years ago, 3 to 4 years ago, tant that the Members of Congress ap- ating with the Federal Government, the Democrats wanted to guarantee preciate that what we are talking whether it is the IRS or the Post Of- that all Americans would pay $35 per about here is who is making decisions. fice, when you think about negotiating

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE H320 CONGRESSIONAL RECORD — HOUSE January 10, 2007 with the Post Office those aren’t folks of the Federal Government and price you are very much in tune with the fis- that one would think are going to be fixing which always, always decreases cal issues of this House and this Na- warm and fuzzy and interested in your the quality and decreases the access. tion. Certainly there is going to be best interests, Mr. Speaker, or the Mr. MCHENRY. I have got a question, some benefit to the taxpayers and to American people’s best interests. Congressman PRICE, from a medical consumers if the Democrats pass their Mr. MCHENRY. The fact that you perspective. Could you give an exam- plan. Do you have any facts on that? said just strikes me as so funny. Think ple? Because we are talking about not Mr. PRICE of Georgia. I appreciate about negotiating with the Post Office just price but choice and the oppor- the gentleman bringing that up. Be- and the IRS. As an average taxpayer, tunity for patients to make a decision cause if you ask the individuals who think about the IRS. They say you are with their medical experts, their doc- are objective experts in this area and going to do this or we are going to send tor, their own doctor about what is the you go either to CMS, the Center for you to jail. Talk about compelling in- best pharmaceutical for them to take. Medicare and Medicaid Services, or in dividuals to submit. Could you give us some examples? Congress we go to CBO, Congressional Now, here is what I think is inter- Mr. PRICE of Georgia. I appreciate Budget Office, there are some very in- esting about this is like negotiating that. And it is such an important ques- teresting findings. And these are folks with the IRS: You will pay the price no tion, because of the premise of all of that really don’t have a dog in this matter what, and there is only one con- this from a policy side. You take away hunt from a policy side. They are sequence, you going to jail or you pay- the politics, but from a policy side the charged with giving us objective infor- ing. But with this plan, the market premise of all of this presumes that mation. forces will have a ripple effect on long- every single patient is just like every And the CMS actuary, the individ- term cures and long-term medical single other patient and they are just uals who are charged with determining technologies coming on the market, kind of little blocks that move along, what a program is going to cost, said, and I think that is the devastating im- and all you have to do is recognize regarding having the government ‘‘ne- pact. It is not just a jail sentence. It is what disease they have or what prob- gotiate’’ on this, ‘‘Price negotiations actually a sentence for all Americans lem they have and you just determine between plan sponsors and drug manu- to have less access, less choice, and less exactly by algorithm what they need facturers would achieve comparable or long-term cures and benefits from the and so that a bureaucrat can determine better savings than direct price nego- wonderful cures that the pharma- that. tiation. This expectation reflects the ceutical industries have created over In fact, that is not the way health strong incentives to obtain low prices the last two generations. care works. That is not the way medi- and pass on savings to beneficiaries re- Mr. PRICE of Georgia. And when you cine works. That is not the way pa- sulting from competition.’’ mention the decrease in quality of care tients work. Mr. Speaker, you know as And CBO, the Congressional Budget and the decrease in access to care, peo- well as anybody that patients are dif- Office, which is charged with providing ple say, well, that is just smoke and ferent. Each and every individual pa- accurate information, Mr. Speaker, to mirrors. That is just conjecture. But if tient is different, and what may work both Democrats and Republicans, both you look at programs that have had in one patient doesn’t necessarily work sides of the aisle, they provide the the effect of price fixing, and we can in another. same kind of information. They at- look at programs in our own Nation. I can give you a real-life example tempt to provide objective and accu- You can look at them around the world from working in the VA, which is tout- rate information, and what they said and give grand examples for how you ed as being a wonderful program, as an was, ‘‘We expect that risk-bearing pri- decrease access and decrease quality of example for what the other side, what vate plans will have strong incentives care to individuals in health care, the majority party is trying to do to to negotiate price discounts for such again, those very personal decisions. Medicare part D. drugs and that the Secretary would not But if you want to look at something When I worked in the VA, and I had be able to negotiate prices that further in this Nation where the government an opportunity to do that for a number reduce Federal spending to a signifi- has stepped in and said, okay, we are of years, we were given a list of medi- cant degree.’’ going to fix prices, all you have to do cations that were available for use in So those are the two main folks that is look a few short years back to the patients. And if you as a treating phy- we look at to determine what the costs Vaccine for Children’s program, some- sician determined that the patient of this program will be that is being thing incredibly important to the wasn’t responding to the medication proposed by the other side of the aisle, American people, something incredibly that was on that list; I am an ortho- and in fact what they say is that it will important to the health of our Nation. pedic surgeon and treated hundreds of not be as inexpensive as that currently In the early 1990s, there were about 30 patients if not thousands of patients in place. or so pharmaceutical companies that through the VA, and whether it was a Mr. MCHENRY. The gentleman has a were making vaccines, and they were pain medication or whether it was an wonderful point, because we had this aggressive and active in their research anti-inflammatory medication or an meeting which I was happy to attend and development. The vaccines had a antibiotic, something that can truly be with you just the other day with Sec- varying price depending on the disease life and death, and it wasn’t working retary Leavitt, who, as those listening that they were attempting to cover or and you needed to use something that and watching tonight, Mr. Speaker, to prevent, and the government came wasn’t on that list, it was virtually im- very well know, he is the Secretary of in and said, oh, those prices are too possible to get the right medication. the Health and Human Service Depart- high. Those prices are too high. In fact, And that is how you decrease the qual- ment here in Washington, D.C. He in order to provide vaccines for every ity of health care, decrease access to would be in charge of negotiating these single child and individual in this Na- quality of health care for patients, and price controls. tion we are only going to allow you to that is precisely what will happen for Now, what is interesting is you are charge this much. That was in 1993 or 43 million, at least, seniors; and the talking about giving more power to 1994. ripple effect will occur throughout the someone in government. They nor- Well, 12, 13 years later, remember, entire Nation. mally like that. They normally seek Mr. Speaker, there were about 30 or so Mr. MCHENRY. I have another ques- that out. As we all well know, it is pharmaceutical companies making tion. So we are going through this human nature. And his answer is pret- vaccines. Do you know how many there whole process of debate, and let’s just ty simple: I know we will not be able to are now? Three. Three. hope that this is not an empty promise get any benefit out of this and I know Mr. Speaker, men and women and or empty rhetoric for the campaign, that it will have a harmful effect on children all across this Nation know this idea of negotiating price controls, the program and access to consumers’ the difficulties that they have had of- which certain of us have this hunch choices and access to the medical phar- tentimes in getting their vaccines, and that maybe it is just empty rhetoric. macology that they need. that is due to a lot of things but not But to confirm that it is not empty So he said he does not want this. It is the least of which is the intervention rhetoric, Congressman PRICE, I know not necessary. And he concurs with the

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE January 10, 2007 CONGRESSIONAL RECORD — HOUSE H321 CBO, the Congressional Budget Office, percent of the American people think it is an opinion that I hold as a physi- analysis of this; and the fact is that it is the right thing to do, leadership, cian or based on what people in my dis- CBO says the government could not ne- Mr. Speaker, means that you inves- trict, the 11th of Georgia, are telling gotiate a lower price than what the tigate the situation and you lead. You me, but I base it on the fact that origi- free market is already doing. lead with information that is factual nally we predicted that the premium So the facts are out there. And I am information. for Medicare part D would be about $37 led to believe with the facts you just And it distresses me greatly that we a month. At that time, the Democratic discussed, Dr. Price, that this is pretty find ourselves in this first week of this minority both in the House and the much a sham. It is a political issue new 110th Congress with a new major- Senate introduced amendments and/or used by a select few here in Wash- ity who is all excited about the pros- legislation saying, let’s fix the pre- ington, D.C., for political purposes. pects of leading and, in fact, what they mium, the monthly premium, at $35 a Look, I know, I know, you know, pol- are doing is putting forward an issue month. Let’s fix it. Well, if they had itics in Washington, oh, what a shock. that will result in a lower quality of prevailed in doing that, Mr. Speaker, But the emptiness of this rhetoric from health care for American citizens and then today they would not be enjoying the majority side is quite glaring, and will result in harming, truly harming, an average monthly premium of $24 a in fact I am led to believe that it is many of our constituents. month. So let the market continue to really a red herring. Let’s make this I am pleased to be joined now by my work. the big evil issue. When in fact going good friend and physician colleague in Mr. PRICE of Georgia. Mr. Speaker, I back to the Clinton administration Congress, a good friend from Georgia, thank the gentleman. I know that you they had the very same language on Dr. GINGREY, Congressman PHIL are very familiar with medical issues, how to get the best price from govern- GINGREY, and I know Congressman being a physician in your former life, ment purchasing pharmaceuticals. And GINGREY would like to make a few and I appreciate your comments as it so they are going to a different direc- comments about the part D proposal relates to part D. tion in order to win a political issue that has come to the floor. And I just want to spend just a few and they are going back on what they Mr. GINGREY. Mr. Speaker, I appre- more moments on the prescription advocated just a few years ago in the ciate very much Dr. PRICE’s giving me drug plan and then move on to another Clinton administration and even what an opportunity to be here once again, issue and would be happy to yield to they supported in committee here in once again, with a great team, the my good friend again from North Caro- this House just less than 4 years ago. Truth Squad, and taking up where they lina, Congressman MCHENRY, for some b 1845 left off in the 109th, Mr. MCHENRY and closing remarks about part D that is Mr. PRICE of Georgia. Mr. Speaker, Ms. FOXX and others, led by Dr. PRICE. going to come to the floor later this reclaiming my time, politics is replete And, of course, there are a couple of week. in the discussions that we have here in pretty darned important issues on the Mr. MCHENRY. Thank you so much this building. There is no doubt about floor in this 100-hour rush to pass with again, Congressman PRICE. Again, it is it. And as I mentioned before, it would no amendments, as you pointed out, an honor and a privilege to be on the be humorous if it weren’t so serious. Dr. PRICE, no opportunity to even floor with two physicians who have This is a remarkably serious issue. present amendments to get rejected. this hands-on knowledge of how a very And when you hear the other side of And we are talking, of course, about complicated government program the aisle talk about how they deter- the two bills, one tomorrow, and that works in terms of people. And I think mined that this would be in their first is the stem cell issue, and then, on Fri- that is what we need to be concerned blitz of legislation, again, that it is not day, Medicare part D. I would be glad, about as policymakers, is the impact open to discussion that could result in happy, thankful for the opportunity to that we have on citizens and the any change at all, no amendments talk a little bit about part D and choices and options they are able to being offered, hasn’t gone through the maybe later in the hour touch on just have, the cost out of their pocket both committee process, no input from any- for a few minutes the issue of the stem through tax dollars and through their body on the minority side, and no cell bill that is coming up. premium payments every month input from any one of the freshmen Medicare part D is working. You through the Medicare part D premium. legislators, when questions are asked have heard that old expression ‘‘If it What we have to do in this House as regarding how did you decide what you ain’t broke, don’t try to fix it.’’ I think a minority party now is to make sure would include in this first blitz, the that applies to this issue, my col- that what the Democrat majority does other side of the aisle is proud to say leagues, Mr. Speaker, more than any I is honest and has integrity, and I be- these are issues that 80 percent plus of have seen in a long, long time. lieve that this issue is a red herring the American people support. Because I know the majority party used for political purposes. It is a That is where, Mr. Speaker, it is in- particularly loves to look at polls, sham. It will have little to no effect, credibly important to remember what loves to look at numbers, and I don’t and any effect that it does have will be Senator Daniel Patrick Moynihan said, blame them. I understand that, too. negative for seniors, and it will be neg- and that is that everyone is entitled to But this is an 80 percent issue of satis- ative for our taxpayer dollars, and it their own opinions but not their own faction, is it not? And we are talking in will have a long-term negative effect facts. And it is our responsibility as 1 year, our seniors, 38 million of them, on our pharmaceutical industry in this leaders in this Nation to remember 80 percent of them are very, very happy Nation where we have developed won- that we enact policies that have con- with Medicare part D. They have fi- derful cures for such complex ailments sequences, and the consequences of not nally gotten it. that have perplexed generations of enacting appropriate policy when it We delivered it, we the Republican Americans and citizens in this world. comes to health care is not just that majority at the time in November of So what we have to do is make sure somebody loses a little more money or 2003, and we gave them something that that we focus on the price to con- has to pay a few more taxes or is incon- they have literally been waiting for not sumers, the price to taxpayers, and the venienced to a certain degree. The con- the entire 40 years of Medicare, but I choice and options that consumers are sequences of legislation that relates to would say certainly for the last 25 able to have in the free market. So let health care, when it is the wrong pol- years, and that the previous and now us not get off on tangents here. That is icy, results in decreasing quality of new majority could not deliver on. what this issue is all about, price and health care and harming individuals So I could understand their wanting choice. So let us stand on the side that and even, Mr. Speaker, resulting in to get on the bandwagon at this point provides our constituents with the best shortening the lives of individuals in and take credit for something. But I options available, the most options this Nation. The consequences of this think, Mr. Speaker, that we are look- available, at the lowest price possible. kind of decision are huge, are signifi- ing at a situation where they are about So, Congressman PRICE, I thank you cant. to gum up something that is working for your leadership with the Official And when the majority party says, fine, and we need to let it continue to Truth Squad. It is a great, great day well, we are just doing it because 80 work. And I say that not just because when you are able to take the House

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE H322 CONGRESSIONAL RECORD — HOUSE January 10, 2007 floor and I am able to watch you in ac- no committee hearings this session on Now, the other thing that people tion making the points that need to be this bill. The Republicans by and large have been misled on is whether there is articulated to the American people. have been shut out and certainly all of any embryonic stem cell research Mr. Speaker, it is a privilege to serve the freshmen have been shut out of this going on. There is embryonic stem cell in this House and be able to carry out issue. An issue that truly, Mr. Speaker, research going on, but many people, in- those agenda items that are going to you talk about a life-and-death issue. cluding myself, object to the use of help Americans and also stop the bad This is a life-and-death issue. Federal funding when it involves the things that will hurt Americans that I am so pleased to be joined by many destruction of human life. some in this Chamber offer, some more of my colleagues this evening to talk In 2006, NIH spent $38 million on em- frequently than others. specifically about the issue of embry- bryonic stem cell research. You will Thank you, Congressman PRICE, for onic stem cell research and stem cell never hear that coming out of the your leadership not just on the pre- research in general. I would remind voices of the people who are pushing scription drug benefit issue and med- folks again of kind of the hallmark for embryonic stem cell research. They ical issues but your overall leadership quote of the Official Truth Squad, and want the American people to believe of holding this majority party, the that is that everyone is entitled to that nothing is being done and that Democrat majority party, accountable their own opinion but not their own people who have debilitating diseases for their words, their rhetoric, and facts. And if you look at the scientific are being denied the opportunity for their actions. Thank you, Congressman facts on this issue, Mr. Speaker, you quick cures. PRICE. will arrive at the right conclusion. b 1900 Mr. PRICE of Georgia. I thank you So I am pleased to ask to join us this for your participation. evening my good colleague from North Nothing could be further from the Let me just close with some final Carolina, Congresswoman VIRGINIA truth. Approximately $200 million is comments about a Medicare prescrip- FOXX, who has been passionate in her being spent on human nonembryonic tion drug plan that is on the agenda desire to make certain that we as a Na- stem cell research: adult stem cells, this week to be dealt with by the ma- tion have an appropriate and correct cord blood, et cetera. jority party. policy when it relates to embryonic I am proud to be able to say that In the program, the costs are down. stem cell research. Wake Forest Baptist Medical Center, The access is expansive to medications. So I yield to my good friend from Dr. Tony Atala and his team of re- All medications in the panoply or the North Carolina, Congresswoman VIR- searchers have been able to show array of plans that are available are GINIA FOXX. strong results in their work with available to patients. Seniors are Ms. FOXX. Thank you, Congressman amniotic fluid stem cells. That has happy. We are negotiating now. There PRICE, for yielding. And, again, thank come out this week and I have talked are negotiations going on now between you for keeping our Truth Squad to- about it on the floor and we are going plans and pharmaceutical companies gether and making sure that we are to continue to talk about it. I spoke to and plans and pharmacists that have here on a regular basis presenting the Dr. Atala just before I came over here decreased costs much below what was facts to people. That is what I think we tonight, and he wanted me to remind projected. have to do on this very, very important people of the real problems with em- The big question in the end, Mr. issue of stem cell research. bryonic stem cells and the fact that Speaker, is who is going to be making The people who are pushing for em- every time they have been used they health care decisions? Is it going to be bryonic stem cell research and the create tumors, and they are rejected by government bureaucrats and majority media, I think, have very much misled the animals into which they are in- parties, or is it going to be patients the American public on this. They have jected. and doctors? That is the real question. not done a good job of educating people That does not happen when you are And I am hopeful that my colleagues on this issue. using a person’s own cells or when you on the other side of the aisle will ap- I had a chance last year to speak on are using amniotic stem cells. That preciate the gravity of this issue that this issue for quite a long time on the just is not happening with people. they are bringing forward and the im- floor and got a lot of positive feedback So we need to make sure that people portance of making certain that there from people saying this is the first understand the difference because it is is input from all Members of Congress time I ever had anybody really explain so easy for folks to talk about stem as it relates to this issue. And hope- the difference in embryonic stem cell cell research, and they make folks like fully, hopefully, if we cannot get some research and stem cell research. So I me look like we are mean and hateful sanity in this Chamber, we will get want to talk a little bit about that to- people because we don’t want to do this some sanity in the Senate and make night, because I think that is one of research that kills human life because sure that we don’t do something that the critical issues, and then I want to they are saying that it is worth it to would truly harm the health of the talk about the facts again. It really is improve the lives of people with dis- American people. important that we understand what the eases. Mr. Speaker, we are going to con- facts are as they relate to the dif- But pro-life people support stem cell tinue now and talk about another issue ference between adult stem cell re- research. There is only one exception, that is of incredible importance and in- search and embryonic stem cell re- we don’t want that research to kill credible gravity to the American peo- search, and I am going to probably re- other human life. We don’t think that ple and certainly to some very specific peat this several times because I think is appropriate. Never in the history of individuals, and that is the issue of it is so important. this country have we allowed research stem cell research. It is an extremely I have something that is not as good to do that. We very strongly control re- complex issue. It is a scientific issue. It as the charts, but stem cell research search to make sure that human beings is an issue, Mr. Speaker, that demands treatments, adult stem cell research are not damaged by the research that the highest quality debate and input treatments, if you can see this, it says: is done. here in the U.S. House of Representa- ‘‘Adult, 72; embryonic, 0.’’ That is the In a former life I was a social sci- tives. And, once again, what we are score. There have been 72 efficacious entist, and so I understand about the seeing from the majority party is not treatments that have come out of the ethical way to do research. We have that kind of involvement. research on adult stem cells, zero out never done that in any other area, and Nobody, nobody on the minority side of embryonic stem cells. In fact, all the yet it seems so easy for people to talk of the aisle has been involved specifi- research that has been done using em- about doing embryonic stem cell re- cally in bringing forward the legisla- bryonic stem cells have produced tu- search and destroying the embryos. tion, with the exception of the few in- mors and rejection, and no embryonic The national media and others have dividuals who are supportive of what stem cell research has been allowed to really ignored the scientific realities, the majority party is doing. Nobody be done on humans because of the very and they fail to report that embryonic who has a contrary view has been in- bad results that have come out of the stem cell research is the less promising volved in the process. There have been research using embryonic stem cells. course of action that, in fact, ends life.

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE January 10, 2007 CONGRESSIONAL RECORD — HOUSE H323 This negligence allows people who are that. Suffice it to say, we have both Mr. PRICE of Georgia. I thank the suffering from diseases to develop false been at it for a long time, you in the gentleman for joining us this evening hope about possible breakthroughs by field of orthopedics and me as an OB- and truly the recognition that this is a embryonic stem cell research. Again, GYN. Again, I appreciate what you are life-and-death issue. just the opposite is true. Nothing posi- doing with respect to the Truth Squad. As I mentioned, regardless where tive has come out of embryonic stem The gentlewoman from North Caro- anybody is, Mr. Speaker, on this issue, cell research. Nothing. Zero. lina (Ms. FOXX) made some great whether or not you believe that an em- But out of adult stem cell research, points. First, anybody who suggests bryo is indeed life or not, nobody can cord blood research, amniotic fluid re- that this President is not for stem cell deny that there are ethical questions search, we have, again, 72 good treat- research just absolutely is ignoring the and an ethical dilemma that surrounds ments that have come, and we will be facts. The fact is, before 2001, when the all of this. expecting more of those. Every day we President said we could start to use As a physician, I was trained in what have breakthroughs in that area, and Federal dollars, your dollars, my dol- is called the scientific model which we will continue to have break- lars, our constituents’ dollars, to fund means you try to collect as much infor- throughs. But if we get distracted by stem cell research, indeed embryonic mation as possible and determine from taking money away from this very stem cell research on those existing that information what course of action promising research and put it into this lines that were indeed obtained from you ought to take, and then step back unethical research that destroys embryos from IVF clinics, because that and evaluate what has occurred in human life and holds very little prom- destruction of life had already occurred treating a patient or in whatever ise, then that is where the real crime and these stem cell lines existed, since course of action you might have taken, is, I think, that we are trying to take that time in 2001, Mr. Speaker, we have and then make decisions based upon the money away from what is pro- spent I think the figure is $163 million that information. ducing good results and put it into on stem cell research. Representative The information we have available to us now, the information, specific infor- something that is not producing good FOXX mentioned that. We want that to results. continue. We want to be able to con- mation, the facts, not opinions but As I said before, no embryonic re- tinue to fund that through the NIH. facts, the facts of the situation right search has been done in humans be- But she also addresses the issue of now are that, in the area of stem cell cause it is too dangerous. When it has truth in advertising. I know the major- research, which all of us support, all of been done in laboratory animals, there ity party is thinking this is an issue us support stem cell research, in the is no control over what happens. The that polls 80 percent. Sure, if you show area of stem cell research, the work stem cells develop in ways that can’t a public service announcement with that is being done for patients right now is overwhelming in its benefit now be controlled. They create tumors. Michael J. Fox, unfortunately, with from adult and cord stem cell research They are rejected, and it is all nega- wild movements all over the screen or and stem cell treatments in the area of tive; and yet with the other, it is all you show Christopher Reeve and he is adult and cord stem cell as opposed to positive. on a respirator and is a quadriplegic, embryonic stem cell. I think when we have the vote on this and you say to them: Would you, Mr. Mr. Speaker, as you know, there has issue this week, people have to keep and Mrs. America, would you be in been no opportunity to amend or bring this in mind. I hope that the citizens favor of embryonic stem cell research light in this Congress to that issue. who in the past have not understood that could cure these diseases, you are I know that this won’t show up very the difference in these issues, they going to get an answer 80 percent of well, but this is a sheet that has 77 dif- have not understood the ethical issues the time, a resounding ‘‘yes.’’ ferent diseases on it for which there or the scientific issues, will say to your But on the other hand, if you held up are currently either clinical treat- Member of Congress, I now understand two precious twin toddlers, as I have ments or clinical trials for patients. this better, and I want you to take the seen, who are part of the snowflake Seventy-seven different diseases. ethical route, the efficacious route, not baby population that were adopted em- I think it is important for you, Mr. the route that will create death to the bryos, and said: Would you be in favor Speaker, and anybody listening, to ap- embryos and not positive kinds of re- of destroying these embryos so these preciate that there are individuals who sults. lives never existed in the hopes that we are being cured of diseases right now I yield back to the gentleman from could help Michael J. Fox or Chris- from the use of adult and cord stem Georgia (Mr. PRICE) who is the official topher Reeve or your mama or my cells, stem cells that are not derived leader of our Truth Squad and helps us grand mama, the answer would be a re- from situations where there is, indeed, inform the American people at every sounding ‘‘no.’’ That is where we get this ethical question or challenge. one of these events. into this issue. In fact, there are at least nine pa- Mr. PRICE of Georgia. I thank Con- I want to remind my colleagues on tients who have been cured of their gresswoman FOXX for participating and the other side of the aisle, that is why sickle cell disease. That is patients for bringing up the incredible impor- we want an opportunity, which we are who no longer have sickle cell disease tance of the ethical issues that are not getting, to go to the Rules Com- utilizing cord stem cells. real. Regardless of where you come mittee with amendments. Maybe they Mr. Speaker, that is incredible. It is down on this issue, there is no doubt, it would get rejected. Maybe we would a wonderful thing that has occurred. It cannot be denied there are significant have an opportunity to bring them up is something that all of us ought to ethical challenges and questions sur- on the floor, and talk about alternative embrace, and that is factual. That is rounding this entire debate. If we ig- ways of getting these stem cells, adult factual. nore those as a Nation in our debate stem cells or embryonic stem cells If you look, however, Mr. Speaker, at and discussion about it, it will result in from this amniotic fluid study that the number of diseases for which there a disservice to the entire Nation. just came forward, or to get embryonic are clinical trials or clinical treat- I am pleased to call again on my phy- stem cells by biopsying an embryo ments in the area of embryonic stem sician colleague, the gentleman from without destroying it or even harming cells, and those are the ones where Georgia (Mr. GINGREY), an obstetri- it, or taking one of these frozen em- there is that ethical dilemma or chal- cian-gynecologist who practiced for al- bryos, thawing it out and you can tell lenge, this is the answer to that: None. most 30 years and has incredible microscopically that it has no chance None. Zero. knowledge and passion and perspective of developing into a life, and taking So you have 77 different diseases that on this most important issue of stem those embryonic stem cells. That is all are being either treated in the clinical cell research. we are asking, Mr. Speaker. setting with actual patients, real pa- Mr. GINGREY. If we start talking I am very appreciative in the limited tients, or there are trials that are about the number of years we have time that Dr. PRICE has left for allow- going on or there is active study going; been in practice, the folks back home ing me to say a few words, and I want 77 with adult and cord stem cells. And and in the Chamber will figure out how to turn the time back over to him for then embryonic stem cells, none. Zero, old we are, so we better stay away from his concluding remarks. Mr. Speaker.

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE H324 CONGRESSIONAL RECORD — HOUSE January 10, 2007 Now, it is wholly possible that some- that have been consistent on message, tiative that passed this floor, that we thing at some point in the future may not only message, but action. I can tell will not start a program or send money result in the ability to use embryonic you that hearing my colleagues on the out of the door of the U.S. House of stem cells for the treatment of disease, other side of the aisle, you would think Representatives unless we can show but I would suggest to you, Mr. Speak- that they have been in the minority for how we can pay for it. er, and my colleagues here and to any- the last 14 or 16 years, because they We know there are some war issues body who truly is interested in the fac- sound like all of a sudden they are there and some other issues, but as it tual nature of this scientific question, ready to do something about the prob- relates to what we call here on the a very complex question, and that is lems that are facing this country. floor, Mr. Speaker, regular order, that the scientists are way ahead of I can tell you also, Mr. Speaker, that where a Member files a bill and says I the politicians on this. the fact is that we moved in the right want to do X, Y and Z, and don’t worry b 1915 direction in securing this country and about it, we will borrow it from a num- passing the 9/11 Commission rec- ber of the countries I have identified in Congresswoman FOXX mentioned one ommendations, and, like we promised, the past that own a piece of the Amer- of the wonderful breakthroughs that Mr. Speaker, in the 109th Congress, the ican apple pie. As we continue to move was just announced from Wake Forest last Congress, we worked in a bipar- on, Mr. DELAHUNT, we want to start earlier this week, and that is the use of tisan way. When we passed that piece peeling these numbers off, showing how amniotic fluid to find and recover, cap- of legislation, we had not only over- America is now starting to make itself ture, if you will, embryonic stem cells whelming, full support from the Demo- whole as we start to pass policy. that have none of the ethical dilemma cratic side of the aisle but a high num- I think it is also very, very impor- of whether or not life is being de- ber of Republican Members joined tant, Mr. Speaker, to note that there stroyed in order to advance science. Democratic Members in voting for will be a lot of things said on this floor. None. None of that ethical dilemma. So, Mr. Speaker, I would ask my col- those recommendations to be placed That has been the case since the begin- leagues on both sides of the aisle to into law pass this House. ning of the country. That is a good part Today is a very historic, very emo- recognize that science ought to be lis- of our democracy. Members can come tional time for those of us that fought tened to in this, and we ought to pay to the floor and say what they wish to on behalf of Americans that punch in attention to facts. There is no reason say. They are representing their con- to move forward with a bill that will and punch out every day to be able to stituents back home, and their con- not necessarily result in significant receive a hike in the minimum wage to stituents every 2 years have an oppor- cures for diseases and that will only, $7.25. Again, we said we would work in tunity to vote if they want them to re- only, result in the demagoguing of an a bipartisan way along with our Repub- turn back. issue and hold out a false hope for indi- lican colleagues, and over 300 individ- Mr. DELAHUNT, before I yield to you, viduals for whom they believe that if uals voted for, including a number of I guess I would just like to put a word we just pass this bill that their disease Republicans, I think 80 or 81 Repub- of caution out there. To those who feel will be cured tomorrow. licans, joined the entire Democratic they can come to this floor of the Peo- Mr. Speaker, that simply is not the Caucus who voted in the affirmative ple’s House and share information, to case. The biggest bang for the buck in for an increase in the minimum wage make an argument or an action or in- terms of utilizing taxpayer money, to give the American worker a well- action sound appropriate, now, I know Federal taxpayer money, which is overdue raise. That will move on to the many of my friends on the other side, hard-earned taxpayer money, for ap- Senate and hopefully to the President’s and I do call them friends, because we propriate research is in the area of desk. all are friends, we see each other, but adult and cord stem cells and possibly I think it is important, Mr. Speaker, we weren’t elected to come up here and embryonic stem cells that are recov- to look at the way we have moved in pat each other on the back and say ‘‘I ered in a way that has none of the eth- the right direction on ethics, saying we am more dedicated to you than I am to ical dilemma or challenge. are willing to hold this House to stand- the folks back home or the American Mr. Speaker, I was honored to be ards that the American people would people.’’ I will say this. We are all in with you this evening. like for us to be held to and to also the spirit of doing the right thing. have a committee that will review any But I just want to caution, because I f question of conduct as it relates to any think what got the Republican major- 30-SOMETHING WORKING GROUP Member of the House and that will con- ity in the 109th Congress and the Con- The SPEAKER pro tempore (Mr. sider that in a bipartisan way and re- gresses before that in trouble was the SIRES). The gentleman from Florida port back to the appropriate overseers fact that there was more allegiance to (Mr. MEEK) is recognized for 60 min- of the House here so that people know the Republican leadership. utes. that we have checks and balances. When we start talking about these Mr. MEEK of Florida. Mr. Speaker, I Just mentioning those three items, bipartisan bills, Mr. DELAHUNT, which I am honored to come before the House Mr. Speaker, and looking at how Re- would like to do, I stood here at this again. publicans have voted with Democrats podium, this mike on this floor a simi- The 30-Something Working Group, as because we have taken the lead to lar night several months ago, starting you know, has been coming to the floor bring these issues to the floor, it is a a couple of years ago, and said biparti- now in the 108th and 109th Congresses perfect example of what we talked sanship is only allowed if the majority and now in the 110th Congress to share about for 3 years here on this floor. allows it. with the Members of the House and the The good thing that I like about what I didn’t have a problem with the American people information about we talk about and then what we do is frontline or the everyday Republican what is happening here under the Cap- the fact that we follow through, Mr. Member of this Congress. I had a prob- itol dome, and I am very excited to re- Speaker, on what we have shared, not lem with the Republican leadership port that there is an awful lot that is only with the Members on the majority that led their caucus in the direction of happening. More work has been done as and the minority side, now the Demo- special interests and in the direction it relates to assisting the American cratic majority side, but what we opposite of what the American people people over the last couple of days or would do if given the opportunity. I said they wanted. the last hours, which is historic in think the Members should pay very So what we are doing now is we are many ways, than happened in the en- close attention, because the American moving in the direction the American tire 109th Congress. It was talked people responded in a very positive people wanted. They said they wanted about, it was promised, but it never way. ethics. We voted for it on the floor. We happened. So I am glad to come to the It has been said there will be mis- received Republican votes on those floor with my colleagues who will be takes made, and it will be painful in issues. joining me shortly. some instances when we look at The American people said they want- I think it is very important, Mr. PAYGO regulations that we have im- ed to raise the minimum wage. We Speaker, to not only commend those posed on ourselves. That is another ini- voted here on this floor, and 80 or 81

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE January 10, 2007 CONGRESSIONAL RECORD — HOUSE H325 Republican Members voted saying that a fair price, because we are going to committees, and the chairs of the sub- they support it. purchase in large quantities prescrip- committees are referred to in the body We voted to implement all of the 9/11 tion drug benefits,’’ for people like my- as cardinals. Well, Ms. WASSERMAN recommendations. We said that we self, ‘‘and we are going to effect real SCHULTZ, as the cardinal and the chair, would do it. Republicans on that side savings, like they do in the Veterans carries the gavel for the Legislative followed suit, many of them, and voted Administration.’’ Appropriations Subcommittee. So we to secure America. I have seen estimates of savings that are very, very proud of our 30-Some- So when we move the embryonic range from 30 to 80 percent on drugs thing member. stem cell legislation and prescription where discounts could be made avail- Mr. MEEK of Florida. Ratified by the drugs, all of these issues are based on able and effected, drugs that save the Democratic Caucus. leadership. We start talking about a bi- lives of people and enhance the quality Mr. RYAN of Ohio. Ratified by the partisan spirit, and we will let the of life for those of us who have reached Democratic Caucus. record, Mr. RYAN and Mr. DELAHUNT, the golden years. But what I think is interesting about reflect our intentions and what we It is extraordinary in terms of help- all of this is that when you look at want to do. ing people who have worked hard all today we passed the minimum wage Yes, we are going to have some par- their lives from not having to make bill. Historic. Look at what we have tisan votes in this House. But these are those tough choices between food and been able to do with the 9/11 Commis- major issues. I don’t care what anyone, heat, or air conditioning in the case of sion report; what we were able to do any pundit, says, some Member going Mr. MEEK and the young lady who just with ethics reform; what we are going back home saying ‘‘I voted against became the chair of a very powerful to do with negotiating drug prices; that.’’ It is going to be hard for them subcommittee here in the House, who what we are going to do with stem cell to say they voted against the person is now known as Cardinal WASSERMAN research. When you look at what will that is making $5.15 an hour. ‘‘You SCHULTZ. be done in just a few weeks, the light of voted against that? Oh, you are real Mr. MEEK of Florida. She is a rabbi. government and the power of govern- tough, Congressman.’’ Goodness gra- Mr. DELAHUNT. I guess. I am just ment over the past 10, 12 years has been cious. These are people who can’t even using a term that we often use here. used really to take and help the top 1 afford to buy gas. But she is certainly dressed like a car- percent of the people in the country, But we are not going to focus on dinal this evening. whether it was for tax cuts for million- that, Mr. Speaker. We are going to Ms. WASSERMAN SCHULTZ. Thank aires or corporate welfare for oil com- focus on the 80-plus Republicans and you, Mr. DELAHUNT. panies or energy companies, whether it the entire Democratic Caucus that Mr. DELAHUNT. But I have to tell was for corporate welfare for the phar- voted to give the American people a you, I am really proud of the work that maceutical industry, but the resources raise. your generation has done over the and the energy of this body were being Mr. DELAHUNT, Uncle Bill, we are so course of the 109th Congress to bring used and the levers of government were happy, sir, that you are a part of the home that message to the American being used to help that very small per- 30-Something Working Group. We are people. You did it effectively. You are centile of the American people who had so happy that this is your inaugural helping my generation and you have the ability to invest in stocks, who night in the 110th Congress, where we our profound gratitude. Because it was have the ability to move their invest- are in the majority, your joining us clear the message that the three of you ments abroad to China and other coun- here on this floor. and other colleagues of ours in the tries and ship their goods back here We talked about your contributions Democratic Caucus spoke to over the and who take advantage of the tax cuts last night. We said that we have a course of 2 years resonated with the and make money off of corporate wel- Medicare recipient within our midst. American people. fare. They just benefitted in every sin- We talked about individuals that are I am so proud of each and every one gle way. drawing down on one of the pensions of you. Congratulations. I think we can But if you look at what we have done that maybe you received in your long all share great pride in what has been and what we are going to do in the next career of public service. But we appre- accomplished since we took our oath of couple of days, we raised the minimum ciate the fact that you are continuing, office just a week ago. It is extraor- wage, which will affect millions of and we said we will continue our com- dinary. There is a new tone. Americans, 31⁄2 million women and chil- mitment. You know what is particularly grati- dren, lifting them out of poverty. And Mr. RYAN of Ohio. Long, long, long fying to me is to see so many of our you can pull all the stats you want, but years. colleagues, our Republican colleagues, the bottom line is that people who Mr. DELAHUNT. Well, again, I am our good friends, our dear friends, join make minimum wage are going to honored to be here. I heard that last with us in really moving forward an make more now in the United States of evening my name was mentioned here agenda that benefits all Americans. America. And that is not saying we in the House, and I presume that it was have done anything tremendous. That mentioned in a way that was kind and b 1930 should have been done years ago. generous to a senior citizen, a senior Ms. WASSERMAN SCHULTZ. To the When you look at what we are going citizen that has the Medicare card to gentleman from Ohio. to do with student loans, cutting the prove that. Mr. DELAHUNT. I think maybe I rates for student loans in half for both Talking about Medicare, we are going should yield to the gentleman from students and parents, loans that have to address Medicare in this session of Ohio because he wants to say some- come out. Cut the interest rate in half. Congress, and we are going to do some- thing. That will save the average person who thing about that so-called prescription Mr. RYAN of Ohio. You are the car- takes out a loan $5,000 over the course drug benefit program that was passed dinal, Ms. WASSERMAN SCHULTZ. of the loan. over the objections of almost every WASSERMAN SCHULTZ. No, that is So now you have an increase in the Democrat and a few courageous Repub- okay. I defer to the senior Member. minimum wage, now you have a re- licans several years ago. Because as Mr. DELAHUNT. I think for those duced loan payment because the inter- you know, Mr. MEEK, and you know, watching we have to explain what the est rate has been cut in half and you Tim RYAN, there was a provision in term cardinal means, in terms of a new are going to save money on that, and that particular legislation that prohib- position. then, if you are parents or grand- ited the Medicare Trust Fund from ne- Ms. WASSERMAN SCHULTZ. No, we parents, like Mr. DELAHUNT, and qual- gotiating with the large pharma- really don’t. ify for Medicare, there is going to be ceutical companies for a discount. Mr. DELAHUNT. Could you amplify less money out of your pocket to spend In other words, whoever is the direc- on that, Mr. RYAN? on prescription drugs because we are tor of the Medicare Trust Fund can’t Mr. RYAN of Ohio. I would be happy going to use the ability and the power go into a room and sit down with the to. In the Appropriations Committee, I of this program to reduce the cost of drug companies and say, ‘‘Let’s discuss think we have now maybe 11 or 12 sub- drugs for our senior citizens.

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE H326 CONGRESSIONAL RECORD — HOUSE January 10, 2007 I will be happy to yield, but just in up-or-down, clean vote on the min- and out of that debate on ideas comes those three things, those three areas, imum wage. The first chance. sound public policy. Mr. DELAHUNT, average people are Before, we had to go through all this We have had debate after debate, 10 going to benefit, and we have only been rigmarole and shenanigans, and we had years’ worth of debate on the minimum here 2 weeks. to do motions to recommit and use pro- wage. Workers in this country have Mr. DELAHUNT. Right. And I look cedural moves in both the Appropria- been waiting for this moment, even if forward to the proposal that will re- tions Committee and on this floor to they make more than the minimum duce the interest on student loans, be- get remotely close to a vote on the wage, because it sends a message that cause I know so many families in my minimum wage. And you know how in finally the U.S. Congress is listening to district back in the South Shore of the last Congress, in the 109th, when we them. And so there is hope. Boston and Cape Cod and the islands, would come on the floor as the 30- And it is not just Democrats. As all where the families and specifically the Something Working Group and we of you have indicated, there was a sig- students themselves take a loan and would lament the antics of the Repub- nificant minority of Republicans who find themselves graduating from col- lican leadership and the arm-twisting voted for it. So I think, not only should lege with a debt, on the average, of ap- that they did, and even on those proce- we be proud, but I think the American proximately $20,000. We know that over dural motions where we were trying to people should begin to understand that time they are catching up for a signifi- get a vote even close to the minimum something is happening. Something cant number of years, preventing them wage, they would wrench the arms of good is happening, Mr. Speaker, and it from putting that bonus that they re- our colleagues on the other side of the is going to take time. It is not going to ceive at the end of the year for a down aisle behind their backs and make be all roses. There will be speed bumps. payment on a home to ensure their fu- them vote ‘‘no.’’ But finally we are turning into a new ture or maybe just putting it into an Well, what was the vote today? That direction. And I know that every Mem- IRA. vote on H.R. 2, on the minimum wage, ber on the Democratic side is excited Mr. RYAN of Ohio. And the time will there were 201 Members more that about working with our Republican come, as you have proven. voted ‘‘yes’’ than voted ‘‘no’’. There colleagues to advance the agenda that Mr. DELAHUNT. And it comes real was a 201 vote difference. Now, we have will truly impact the lives of most quick. fewer than a 201 vote margin here. We American families. Mr. RYAN of Ohio. What I thought are in the majority, but our majority is Mr. RYAN of Ohio. Will the gen- was funny today, or yesterday, in one about 30 or 32. It is not 201. So look at tleman yield? of the local Capitol Hill newspapers, what bipartisanship and inclusiveness Mr. DELAHUNT. Of course. Roll Call or The Hill, the financial sec- does. And when you are finally allowed Mr. RYAN of Ohio. I think the good tor, the folks who lend money to the a free vote, a straight up-or-down vote part about this whole first 100 hours students were squawking, and it was on the American people’s priorities, we and what we have been able to do, Mr. blatant right in the article, because had a huge bipartisan margin to in- Speaker, is that we are making some they are going to have reduced profits. crease the minimum wage. And that is structural changes. We are not Well, I am sorry, we are not here to beautiful. That is what democracy is petering around the edges. I think the make sure that you get good profits. all about. people out there that wanted us to be We are here to make sure that students Now, without violating rules and di- bold, they are seeing bold. The min- in the United States of America can af- rectly addressing the Speaker, it is so imum wage, now, obviously it hasn’t ford to go to college and that they can refreshing to see my good friend from been done in 10 or 12 years, since 1997, go out and make good profits. This is Florida in the Chair tonight, and that so it is bold. not an enterprise here for you to tap is about as close as I will come to nam- Mr. DELAHUNT. TIM, could we go into and let the money come shooting ing the gentleman from Florida, but I back? And, again, I promise I won’t in- out. really was so gratified to watch us terrupt. I know sometimes I have a And I am happy to yield to my col- begin to go through the Six in 2006 tendency to do that. league, Ms. WASSERMAN SCHULTZ. agenda and finally deal with the prior- Mr. RYAN of Ohio. We like your pas- Ms. WASSERMAN SCHULTZ. Thank ities of the American people. sion. you. And I want to go back to the min- Lastly, Mr. DELAHUNT, I want to Mr. DELAHUNT. But I have to tell imum wage for just a second, because thank you for your kind words. The you, the fact that one of the first or- this is the second day now that we have thing that makes me so humble and ders of business was to institute the so- had the opportunity to watch Speaker proud and excited about the oppor- called PAYGO rules, which means we PELOSI preside over our legislation tunity that I have to chair a sub- recognize that there is a deficit out that is passing out of the House of Rep- committee in appropriations is, if you there that has to be addressed, it is not resentatives with the speed that we recall, Speaker PELOSI last week, when going to be easy. I know the American want, which should demonstrate to the she took the gavel from the gentleman people understand that. But again, it American people that we share their from Ohio, she talked about how she goes back to that optimism and that priorities. was able to bust through the marble hope that is beginning to emerge. Yesterday was H.R. 1. Today was ceiling. And the wonderful thing about Yes, it is going to be tough, but we H.R. 2. And one of the things that, Speaker PELOSI is that when she did it, are a resilient people. We are a tough combined with the Six in 2006 agenda like the leader that she is, she took people. And we might have to make and our commitment to move this other people with her. She didn’t just some sacrifices, but we are going to get country in a new direction, that she bust through it for herself. Her busting back to the time where the deficit and committed to on our behalf was bipar- through the marble ceiling gave so the national debt was declining dra- tisanship and making sure that this is many of us, the diversity of this cau- matically and our national economy the most inclusive bipartisan House of cus, an opportunity to be a participant was booming and the disparity in this Representatives in history. And what I in making the world a better place for country between those that have and thought was the most emblematic of the American people. those that don’t have was narrowing. that and that was really telling of the Mr. DELAHUNT. And hope. Narrowing, Mr. Speaker. difference between the way we are run- Ms. WASSERMAN SCHULTZ. And So the issue of inequality of income ning this institution versus the way hope. and wealth will be addressed. It will be the Republican leadership ran it is that Mr. DELAHUNT. And I believe there addressed, and we can do it. We can do I looked up on that board with the vote is a palpable sense of optimism for the it together. We can do it in a bipar- tally at the end, and this is the first first time. And I think much of it is tisan fashion because the Members of opportunity that we have had in the predicated on that bipartisanship that this Congress, I believe, have heard time that I have been here, in 10 years, we are talking about that was reflected loud and clear this past November from as the gentleman from California (Mr. in that vote. the American people. MILLER) indicated, the first oppor- Now, partisanship is good in the Mr. RYAN of Ohio. I would reclaim tunity we have had to have a straight sense that there is a diversity of ideas, my time, but I forgot what I was going

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE January 10, 2007 CONGRESSIONAL RECORD — HOUSE H327 to say. So I will yield to my friend ciate their honor, we appreciate their Senate or in the House, and they heard from Miami. service to the country. We have several what the American people had to say. Ms. WASSERMAN SCHULTZ. I hate thousand, over 15,000, who have been So, the President, I think, and this when that happens. injured and that are a part of our med- democracy needs to really speak up Mr. RYAN of Ohio. Who we haven’t ical veterans programs throughout this and say, hey, listen, we hear what you heard from in 20 minutes. We are all country. Some are learning how to are saying. We know what the study excited to hear what you have to say. walk now. Many of our injuries come group has said. But it seems like you Mr. DELAHUNT. We are waiting. by what we call IEDs, improvised ex- are kind of out there by yourself. Ms. WASSERMAN SCHULTZ. On the plosive devices. Because, one other thing I just want edge of our seat. Many of the troops, as we look at, to add and then I am going to be quiet Mr. MEEK of Florida. Want me to you look at your local television sta- probably for another 20 minutes, like yield back to you, Mr. RYAN? Maybe tion, I know you see it in Ohio. I know Mr. DELAHUNT identified, is the fact you can remember. Are you having a you see it in Massachusetts. We see it that we see how many troops that have senior moment? in South Florida. We even see it here in died. Mr. RYAN of Ohio. I am having a sen- Washington, DC. There was a new re- All right, let’s look at the U.S. con- ior moment. serve unit that just left in Maryland. tractors, these mercenaries we have Mr. MEEK of Florida. Okay. A 33- And I was watching the interview, and out there, that are playing a role of year-old senior moment. I think about when I have to travel as when these countries are pulling out, I just wanted to mention something a Congressman, you know, my family’s Great Britain, they are out. They are real quick that I think is important. up here, I go back to the District. You coming out this year. A number of the other, quote, unquote, allies are pull- b 1945 know, that is 2 or 3 days I am away from my family. I say, oh, my good- ing out of Iraq. So before we even get There is going to be a lot of talk to- ness, I miss the kids. Imagine if I was an opportunity to light the bulbs up in morrow. We are going to do some good leaving for 15 months for the second or the committee room and start asking legislation. We have stem cell research third time. Just imagine that. How the questions about what has been that is coming up, and we have negoti- much of, how my kids would be taken going on over at the Department of De- ating as it relates to prescription drugs away, you know. They won’t get what fense since everything has been classi- is coming up before the weekend. they need from me. Just thinking fied and secret and no one has come Something that is going to be common about it, I can’t help but get a little and testified in front of these commit- now, was uncommon in the 109th Con- emotional when you think about this tees of jurisdiction, the President now gress, we are actually going to work a kind of thing. wants to say, let’s send 20,000 troops. 5-day work week or a 4-day work week And we know that they are being These are not new troops. These are as it relates to the congressional cal- sent to do what, secure Iraq. So they individuals that are what we call a endar. are on a security mission. They are not back draft. Folks want to leave. We But I just want to mention some- there to say, well, you know, we are have folks signing checks, giving them thing. I don’t want us to leave this here to provide technical assistance. $40,000 to stay on. Are you going to go floor tonight unless we have an oppor- No, they are there to armor up. back to wherever you came from where tunity to talk about what the Presi- I have been there twice. Mr. RYAN, the poverty is? Here is 40 grand. Take dent’s going to talk about an hour or we went together. And when they go it to your family. Sign up for another so from now. I think it is important. I out the gates of that base in Mosul or 3 years. That is what we are talking have served, Mr. RYAN and I have Baghdad or Tikrit, they may not come about here. served on Armed Services in the last back. And I am seeing these individuals two Congresses; and you, DEBBIE Now we know it is a volunteer force that are hired, that are former mili- WASSERMAN SCHULTZ, have served here and we know all of that. But I just tary, by these companies, they are in the last Congress and now this Con- want to say, Mr. Speaker, this has dying. When we went to the hospital gress at war. great gravity tonight, and I am so glad over in Germany, there were contract Mr. DELAHUNT, you were here when that I am hearing voices out of this fighters that carry out those convoys this House voted to give the President Congress saying, we said during the sitting there without a leg, Mr. Speak- authority to go or not, what have you. campaign and during the election sea- er. No one is thinking about these indi- And now we are after the election in son, we will not defund the troops that viduals because they are not wearing a November, the American people, every- are on the ground. U.S. uniform. They are veterans, and one thought, Mr. Speaker, that the But no one, including the President, they want to work for these private election was going to be about the including the Iraq Study Commission, contracting companies. So there is a economy. They thought it was going to including all of the folks, General lot of loss of life going on here, leave be about health care. They thought it Colin Powell, I mean, General Colin alone what could be happening with was going to be about whatever the Powell said it is a civil war going on, members of the CIA that we would issue may be. But it was about Iraq, and if we send additional troops into a never know how many of those individ- and it was about the decisions that civil war it is the wrong thing to do. It uals that have died in this conflict. So were made, and the lack thereof, out of is right here. we have to bring the oversight manage- this Congress of asking the questions So if the Republicans or the Presi- ment. I am saying that on the side of and oversight. dent wants to say when someone is common sense. Now what is going to happen, Mem- smart or when someone is credible, I yield to any Member that wishes to bers, you are going to have the Armed when they are carrying their message, pick up from this point, but it must be Services Committee, you are going to here is a man that has served, Sec- addressed. have the Defense Appropriations Com- retary of State, General, four-star, Mr. DELAHUNT. I appreciate my mittee, you are going to have the Gov- Joint Chiefs of Staff, well respected in friend from Florida, and I have, it is ernment Operations Committee, you this country, along with a number of getting late for me and I am going to are going to have a number of commit- other folks that are out there. So I have to excuse myself for the remain- tees that have oversight responsibility think, Mr. Speaker, it is important ing 15 minutes. But I want to pick up on the committee level, providing the that we shed light on this. on something that you just referenced, oversight for this war. I know Mr. DELAHUNT has an hour and that is the American people have Now the President is going to come that he does on a weekly basis on Iraq. to understand that we are now alone. out tonight and he is going to ask, he But, Ms. WASSERMAN SCHULTZ, I think We are now alone with this issue. is going to say, I call it an escalation, it is time, no matter what, if you are a Just this past week there was a re- he calls it something else, of 20,000 new Democrat or a Republican, to be able port in the British press that the with- troops on the ground, boots on the to say, listen, I just came from the drawal of the troops from the United ground. 3,017 men and women are no election, especially to Members that Kingdom would not be slowed. There longer with us tonight; and we appre- are new to the Congress, either in the are no plans on the part of the British,

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There is no more coalition, if Mr. MEEK, over and over again over the military leadership. there was ever one to begin with, other last several years, was that his strat- There is no question, I believe there than in name only. egy was going to be tied to the advice is no question about Democrats’ nerve; America is now alone, because the from his military leaders; that he was no question about whether we plan on rest of the world has concluded that going to listen to the generals; that he holding the administration account- the invasion of Iraq was a mistake, a was going to take a page from their able, which hasn’t occurred in years. mistake for reasons that I think we all book, take their lead, use whatever ex- There has been, like you said, no op- know but are not going to list them pression is applicable. portunity to question the administra- here today. But I guess he was just kidding, or tion’s choices and direction on Iraq; no But let’s remember this, Mr. Speak- maybe he was just saying that he opportunity to actually cast a vote on er. In the past 6 or 7 months, there was meant that until he wasn’t hearing whether this new direction would re- a poll that was commissioned by our what he wanted to hear. Because at the ceive and was worthy of funding. own Department of State, and the re- point that his belief in the direction I truly believe that is an opportunity sults were painful because this was the that we should be going in Iraq de- that we will be having and that we conclusion on two questions. The first parted or parted company with the ad- should have and that we should accept, question was, do you believe it is bet- vice of his military leadership, that is because the American people elected us ter for American troops to leave? This the point that he decided to stop lis- to make bold decisions and make sure was asked in a way that presumably tening to them. We have now shifted that we can move this country in a new was done in a survey that was accu- the military leadership in Iraq. And I direction, domestically and in terms of rate. It was commissioned by our own certainly realize that, particularly in a our foreign and military policy. I look Department of State. And 70 percent of democracy, there is going to be a wide forward to finally being able to re- the Iraqi people said, yes, we would be range of opinions even among military assert this institution, the United better off if the American troops left. leaders. But the current military lead- States House of Representatives’ role But what was more disturbing and ership that President Bush has brought in the system of checks and balances, painful was that in excess of 60 percent in does support the strategy and the di- because the unitary philosophy the ex- of the Iraqi people, according to this rection that he is planning on taking ecutive branch in this administration supports is wholly contrary to the Con- poll, said that it was okay to kill a America tonight and in this war on stitution. member of the American military. Iraq. And it is just astonishing that Mr. RYAN of Ohio. I appreciate your What are we fighting for now? What this continues the pattern of this ad- are we fighting for? Saddam Hussein is points. One of the things that we now ministration, where they ask their expressed in the last Congress was hav- gone. There were no weapons of mass questions, or make statements and destruction. There were never any ing these third-party validators. pursue a goal, an agenda and surround Ms. WASSERMAN SCHULTZ. That is links to al Qaeda. themselves only with people who agree right. What have we accomplished? Well, I with them. Mr. RYAN of Ohio. This is not just dare say that what we have done is we I just, one of the things that I know Democrats. I have not talked to a Dem- have managed to create an even we are going to hear from the Presi- ocrat yet who thinks that escalating stronger Iran that has a relationship dent tonight is a caution that victory, this war is a good idea, and our new di- with Iraq, that includes all kinds of if we achieve it, won’t be similar to rection is not just continuing down the agreements, including a military co- other military victories. He will talk same war with more troops. But I just operation agreement between the gov- about, as opposed to the Mission Ac- want to share a few quotes that I did ernment of Iraq and the government of complished banner that was embla- some research on and pulled out that I Iran. Does anyone ever talk about zoned over his head on the deck of a think are indicative of what’s going on that? Can anyone explain to me what battleship, he will caution us tonight here. the terms of that agreement are? apparently that that is not what vic- Colin Powell, as my friend from Flor- What are we fighting for? What are tory will look like if we ever achieve it ida said earlier, quote: I am not per- we fighting for? in Iraq. suaded that another surge of troops And, with that, I yield to the gentle- b 2000 into Baghdad for the purposes of sup- woman and ask to be excused. pressing this communitarian violence, Ms. WASSERMAN SCHULTZ. Thank It will not be perfect, and that the this civil war, will work. That is Colin you to my good friend. outcome will not be traditional. Well, Powell, who basically led us into this Before you are excused, though, I do it sure will not. It is hard to imagine mess that we are in. want to tell you, you were so kind in that we are ever going to achieve a Oliver North said, quote: A surge, or your words about the three of us and semblance of victory. One of the things targeted increase in U.S. troop you have been so helpful to us over the that we intend on doing as Democrats strength, for whatever the politicians last 2 years and joining us here night and aggressively doing is holding this want to call dispatching more combat after night on the floor. But, quite hon- administration accountable. The ques- troops to Iraq, isn’t the answer. Adding estly, I really want to commend you on tion has been asked repeatedly by com- more trainers and helping the Iraqis to your eloquence and your commitment mentators and by our friends on the help themselves is. Sending more U.S. on this issue in particular. You have other side of the aisle. combat troops is simply sending more been one of the key leaders of the Out There has been a question mark targets. That is Oliver North. I found of Iraq Caucus. You have kept this cau- about whether or not Democrats will that in Human Events online. cus focused on those issues that are in- have the nerve to actually address the Major General Don Shepherd, United credibly important. issue of funding these additional States Air Force retired: I would not As my good friend, the gentleman troops. And Speaker PELOSI has talked even consider increasing troop strength from Florida, indicated in his remarks about how we absolutely are com- in Iraq. Shepherd, who works as a CNN earlier, one of the major reasons that mitted and will continue to be sup- military analyst, offered this analysis we were returned to the majority of portive with funding and every other of what should be done next after he this institution is because of how measure of support for the troops that was briefed by members of the Iraqi strongly people feel about the situation are there. Study Group. He wrote, quote: I would with the war in Iraq. And so thank you There is no question we would never not even consider, again, I would not very much for helping with that effort. pull the rug out from under the troops even consider increasing troop With that having been said, one of that are there fighting on behalf of strength. the things that I think that is going to America and fighting on behalf of de- And I will give you one more, as we be important in about an hour from mocracy. But we absolutely should are going through this. Michael Vick- now for the American people to note question this strategy, which is com- ers, former Special Forces officer, who

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Was there any indication in the I found that on the NewsHour with Jim er, whatever the case may be, but Iraq Study Group, who arguably is the Lehrer on PBS of December 12 of 2006. mainly there is an election if a Member finest group of experts that could have So this is coming from Republicans. was to say, I no longer want to serve, been put together to make rec- This is coming from Democrats. This is whatever that reason may be. ommendations, nowhere in there was coming from people all over the coun- Saying all of that, I am glad we an escalation of troops. At least from try. touched on the issue. I think it is im- what I noticed, and you can correct me Mr. MEEK of Florida. Mr. RYAN, I portant because I know there will be a if I am wrong, the President essentially just get so excited whenever you do lot of talk tomorrow, because the just dismissed their recommendation your own research, and you find quotes President is the Commander in Chief. and moved on and went in the direction and all. We committed during the election, that he chose to go. But I can tell you what’s important when I say we, those of us that are in I would like to take this opportunity here is to make sure that we follow the majority, that we will not leave, to yield to my good friend, to our good through on what we told the American that we will have the troops back, and friend, the gentleman from Rhode Is- people. The American people voted for we will not leave them underfunded, land, because we are dealing with an representation, and I am not just talk- and that we will not pull the funding of important piece of legislation tomor- ing about proud Democrats, Repub- the troops that are in Iraq now. row that has already been put on the licans, independents, some young peo- No one, I mean, no one, Ms. President’s desk once. And as part of ple that voted for the first time in WASSERMAN SCHULTZ, no one, I want to the new direction for our Six in 2006 their lives because they believe that say this again, not even the bipartisan agenda, we are going to put it on his there will be balance in this democracy study commission, none of them, en- desk again, because maybe he will get that we call on. So many of the issues that we talk dorsed what the President is talking it right a second time. Mr. LANGEVIN. I want to thank the about here, and so many issues that are about right now. The President had a meeting with gentlelady, and before I begin on my within our first 100 hours that we want some folks that he has been having a comments on H.R. 3, the stem cell re- to work on, Ms. WASSERMAN SCHULTZ, meeting with for the last 6-plus years, search enhancement act, I want to just and that we said we would do in our Six in 2006 plan, the American people said having a meeting with the same people, thank my colleagues for their impor- they were for it overwhelmingly. having the same input, the same advi- tant comments on Iraq and the direc- We have to be able to understand sors, and it is a merry-go-round of tion that the Iraq war has taken and here in this House that we would carry trust. I don’t know if it is, you know, the failed policy that we have seen in out what we said would do. Now that is in all due respect to the folks that are Iraq and the strain that it has put on a paradigm shift here in this U.S. making the decisions, I don’t know if the families of soldiers, the soldiers House. A lot has been said. Very little new people are being put into this cir- themselves. Clearly, we need a change has been done, but we are moving in cle of trust of saying, well, you know, in direction in America. That is what that direction. maybe if I haven’t been given good ad- the American people expect. I was in a meeting earlier today and vice in the past, maybe I need to bring This 100 hours agenda, obviously, is saying that we need an escalation in some different folks in to give me some an important topic. I rise in strong the truth and not the troops. We need input. support of the 100 hours agenda. As a an escalation in the truth and not the No, the only thing that happens in four-term Member of Congress, it has troops. this circle of trust within the Bush ad- been exhilarating for me to return to The truth is that the U.K. is pulling ministration is that sometimes people Washington and tackle the issues of 3,000 troops out by May. The truth is, get off and they write a book about the American people which have long several other countries that are, quote/ how bad the circle of trust was. That is been ignored. I am so proud to be a unquote, allies in Iraq, they are paying what’s happening. part of this new direction and a Mem- ransom for their troops that are cap- Now, Donald Rumsfeld was the last ber of this Chamber. tured by insurgents, because of the one to jump off the merry-go-round. We As we prepare for the embryonic lack of security there. The truth very don’t know what he is going to say, but stem cell research debate which will well may be, Ms. WASSERMAN SCHULTZ, I think he is going to take it all the take place tomorrow, I am reminded Mr. RYAN and Members, the President way, and he is not going to say any- that one of the primary reasons I ran is trying to say, well, I am going to thing at all. But there are a lot of bad for Congress, which was to make a send this in light of security, what decisions that have been made, and if positive difference in people’s lives. have you. you disagree within the circle of trust, The 110th Congress is being ushered in Security missions to secure Iraq. you are out. with a tremendous sense of hope and What does that mean? Troops having So I want the American people, I optimism. In the first legislative week, to go out on patrol. What does that want the Members to pay very close at- we have taken great strides towards mean? IEDs, improvised explosive de- tention, and, I am talking to my Re- improving the lives of hardworking vices that will be on those roads. What publican friends as well as my Demo- Americans by increasing the minimum does that mean? Fifteen months away cratic friends, that we have the leader wage and fully implementing the rec- from your family once again on the up and represent the American people ommendations of the 9/11 Commission. second or third deployment. What does on this issue as it relates to this esca- H.R. 3, the stem cell research en- that mean also when you look at the lation in troops. We need an escalation hancement act, is yet another example overall two theaters that we have now? in the truth and not the troops, and of this agenda of hope. This legislation Over 1.4 million troops, U.S. troops, that is where it is right now. will remove the restrictions that cur- have gone into theater over and over Ms. WASSERMAN SCHULTZ. I know rent administration has placed on the again. our good friend from Rhode Island advancement of medicine and the What is our situation right now? wants to talk about H.R. 3, which we hopes of millions. Two-thirds of our military not ready to will be considering tomorrow. But the Tomorrow, we will hear from both move as it relates to readiness if some- Iraq Study Group, which you briefly sides of the stem cell debate about thing was to happen. We have one-third touched on a few minutes ago. It is whether the Federal Government that is ready. I am not giving out na- amazing how that just almost has should support this type of research. tional secrets. You can read this in the faded into oblivion; that their rec- We will hear promises and stories of newspaper. ommendations, the number of months tremendous scientific advancement.

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00075 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE H330 CONGRESSIONAL RECORD — HOUSE January 10, 2007 We will hear the limitations on these from Iowa (Mr. KING) is recognized for prayer and the pledge, and we gavel out advancements, and we will also hear 60 minutes. in the evening. That clock has got a some distortions. But I come before Mr. KING of Iowa. Mr. Speaker, I ap- tick on that. We are paying people here you tonight with confidence; con- preciate the privilege to address you to work around this Capitol the whole fidence in the science of stem cell re- and of course all the Members here on time the 100 hours is moving. search; confidence that the American this floor of the United States Con- So I set up this clock so the Amer- people overwhelmingly support this gress. I would point out here in the be- ican people can keep track of what the legislation; confidence that tomorrow a ginning that it is about 8:15 here this hours are, and I point out this: When great majority of my colleagues will evening, and the President will be giv- we started this morning, we were at 31 once again vote in favor of the stem ing his major address on Iraq at about hours that ticked away since. And cell research enhancement act; and 9:01 and so I intend to be asking for an these are just business hours. It is not confidence that, one day, once all of adjournment just right before 9:00 so a stretch; it is not 24 hours a day. It is our Nation’s leaders will rally all there is an opportunity to do that tran- the hours that this floor is in oper- around all types of stem cell research, sition and that the President does have ation. In fact, yesterday, it was sched- and we will see big changes in the field an opportunity to use this channel to uled to be at 10:00, so a lot of people of medicine and in the lives of so many speak to the American people. made their plans to be here at 10:00. It people who are suffering today. To begin this presentation this didn’t work on Monday because of the So tonight, I rise, I rise to help evening, and we listened to the mem- football game. And I will just reserve spread this message of hope and opti- bers on the other side of the aisle talk my opinion of that tonight, Mr. Speak- mism to our constituents who are about supporting the 100-hour agenda, er. But the 10:00 time to start got watching at home; for the 400,000 Mr. Speaker, I point out that this 100- moved back to 10:30, got moved back to Americans who are living with MS; the hour agenda was a number just kind of noon and then got moved back to first 60,000 American family whose have picked out of the air or off the wall and votes at 5:30 yesterday afternoon. So faced the fear of a loved one’s Parkin- it turned into a promise. And inside of some of that is not taken into account son’s diagnosis this year; the thousands that promise of 100 hours and to ac- here, but as of about now, this 100 of Americans who have seen family complish these five or six things within hours has clicked up to 42 hours, Mr. members come to Alzheimer’s disease; 100 hours are a whole series of other Speaker, have ticked away. And there the 250,000 Americans who, like me, promises, and it appears as though the have been a couple of things that have live with the constant challenges of a most important promise of all is we are been passed, and some will claim that spinal cord injury, and so many others. going to do all this in 100 hours. The to be an accomplishment. And I don’t To all of you, I say: Help and hope are on the way. 100-hour promise. And not the promise intend to take up that issue either to- I want to thank my colleagues for for bipartisanship and not the promise night, Mr. Speaker. But I would point giving me time tonight and being part for the most open Congress in history, out to the American people that we are of this 100 hours agenda debate, par- and probably not the promise for the at 42 hours and counting. ticularly, again, what you have done most ethical Congress in history. The If you can’t count time, you also for enlightening the American people jury is still out on that, Mr. Speaker, can’t count dollars or people. And it is on our position of the war on Iraq and but this thing that preempts all, that important to understand the cost to the new direction that we need to take trumps all is this idea of 100 hours. the United States of America and the in this country. Well, 100 hours to the American peo- taxpayers that fund it. And we will be Thank you very much. ple might mean at midnight on Decem- doing some of these tallies after hours ber 31 when the ball dropped and hit tonight to come back with some better b 2015 the bottom in Times Square, the clock numbers tomorrow, and I will bring Mr. MEEK of Florida. We look for- might start to tick on the 100 hours this chart then to the floor every day ward to the debate tomorrow. I know here in 2007, the new 110th Congress. until the 100 hours ticks over, and we Ms. WASSERMAN SCHULTZ is going to But I don’t take that position nec- can make this 100-hour promise some- give the e-mail address out, and then essarily, Mr. Speaker. I take the posi- thing that goes into the dust bin of his- we are going to close out. tion that when we gaveled in and went tory. Ms. WASSERMAN SCHULTZ. We to work here, if you want to count 100 But this 100-hour promise has want to thank the people in the cham- hours, that is fine; if you want to make trumped the other promises. It has ber for listening, and encourage people a promise to get something done in 100 been more important than an open sys- to come to our Web site hours, that is also fine. But that 100 tem of government. It has been more www.speaker.gov/30something, and we hours didn’t start for the first week. It important than allowing anyone to also look forward to having a graphic didn’t start for the first week because offer a single amendment to any bill so we don’t all have to make sure we we were voting on things other than that has come forward here, and each remember the Web site. Thank you. one of those bills are going to change Mr. MEEK of Florida. Life is getting the six things on the agenda to be ac- the destiny of America. Maybe a little better, Mr. Speaker, and we will get complished in the 100 hours. And so then the promise that it was bit, maybe a lot. But each one will the tools necessary, visual aids as we usually have here on the floor. We keep going to be bipartisan and an open change the destiny of America some. the chart companies in business. process, we found out, I guess after And the people I feel sorry for, all of Mr. Speaker, it was good to come to Congress began, this 110th Congress, those new freshmen Democrats, the the floor again, 30-Something Working that this open process couldn’t be ones that were elected to office having Group. We will be returning back next opened up until the 100 hours were promised that they were going to rep- week with some of our new members over, or otherwise they couldn’t get ev- resent their constituents here, they that have joined us. Once again, we erything accomplished in the first 100 would have a voice, they would be ef- want to thank the Democratic leader- hours. So bipartisanship went out the fective. They bring with them the vi- ship for allowing us to have this hour. window a victim of the 100-hour prom- tality of America. They bring the new Mr. Speaker, historic days in the ise, and so did the open kind of a sys- ideas into this Congress, the fresh Capitol. Tomorrow will be the same. tem. The bills didn’t go through sub- blood. The best responsiveness to con- Friday will be the same. We thank God committee. They didn’t go through stituents that you ever will see on av- for the opportunity to be in the major- committee. They didn’t go through erage comes with the freshmen. We are ity. rules. No amendments are allowed. And glad when they come here every new f yet that was all decided before the 100- Congress because it adds new vitality. hour clock began. But that large crop of Democrat THE DEMOCRATIC AGENDA AND So we set up a clock, a legitimate freshmen and that smaller crop of Re- THE PRESIDENT’S AGENDA ON clock, one that actually keeps the time publican freshmen I think have gotten IRAQ here that Congress is in session. From their eyes opened up a little bit. I The SPEAKER pro tempore (Mr. when we gaveled in this 110th Congress, think they believed they would come MAHONEY of Florida). The gentleman we gavel in the morning, open with a here and they would be able to come to

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00076 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE January 10, 2007 CONGRESSIONAL RECORD — HOUSE H331 a subcommittee and do a markup on a minutes from now that is going to be, where we need to go and what we need bill and offer an amendment to im- I think the tone of it could have been to do. prove the bill and see it go over to full written by those people that have sac- And let’s look at this thing, Mr. committee, offer an amendment, im- rificed the most, our soldiers and Ma- Speaker, from two broad perspectives. prove the bill and bring it to the floor, rines and airmen that have perhaps One of them is the idea that I am hear- where amendments would be offered given a limb, perhaps been wounded ing over here on this side of the aisle, and the bill would be improved and per- and crippled for life. I have not yet met and this is not a new idea from the peo- haps perfected and passed out of this a wounded soldier who said to me, ple on that side of the aisle, Mr. Speak- Chamber, on over the Senate, where we ‘‘This is a lost cause.’’ They believe in er; they slipped language into the De- would have negotiations working with the cause. They want to get back to partment of Defense appropriations bill them and they would have done the the fight. They want to get back to the that would have by now prohibited all same thing. people they feel responsible for, and operations in Iraq. And that was Mr. The sad news for those freshmen is they want to complete the mission. MURTHA’s language that went in there that they don’t have a voice in this The wounded troops will stand with that prohibited any basing rights nego- process. Not a single freshman had an the President in the speech he is about tiations in Iraq, which would have opportunity to offer amendment to en- to give and the families of those who meant, had that language prevailed gage in debate in a subcommittee, to have given the ultimate sacrifice, the that when our agreement on any of our engage in debate in a committee; Gold Star families, the families that bases in Iraq had expired, we couldn’t didn’t have an opportunity to go before have traveled across America and been negotiate a new one. So, over time, we the Rules Committee and make their here in Washington, D.C., a number of would have had to give up base after argument as to why their amendments times and were in my office a week be- base after base until we had to pull our should be made in order. None of that fore I went over to Iraq. Some of those troops completely out of Iraq. was allowed to the freshmen. And, in Gold Star families, those that have lost That is not a lot different than the fact, the small little group of people a son or a daughter over in Iraq or Af- amendment that came out of an appro- that put together this policy didn’t ghanistan, some of them have also priations bill on this floor, Mr. Speak- consider the wisdom of Congress; they traveled over to the Middle East, also er, back in 1975 when a large Democrat considered the wisdom of the people traveled into Iraq and got to visit the majority took over and decided that within that room, and I guarantee you, Iraqi people. And one of the fathers they would take us out of the oper- Mr. Speaker, that didn’t include the who lost his son killed over there in ations in Vietnam, and they introduced freshmen, either the Democrats or the Iraq said to me: ‘‘We cannot pull out of legislation successfully that forbid a Republicans, who now have to reassess there. It is different now. We are com- single dollar from being used to sup- what kind of a system they thought mitted to that cause. Lives have been port the South Vietnamese military. they had gotten elected to. lost. The soil in Iraq is now sanctified And I hope this 100 hours ticks away, Not a dollar that can go for a bullet, with American blood. It is not so sim- for food, for a helmet, for a pair of and I hope it can be put away into the ple that we could just walk away. We dust bin of history, and I hope those khaki uniforms, no air cover, and noth- cannot. We must stay. We must pre- ing could go on offshore in South Viet- other promises can be rejuvenated and vail. We made the commitment to go brought back to life, those promises nam either. So they shut down their there; we are invested in it; we must operations in South Vietnam. And the about having an open system, a system prevail.’’ that is bipartisan and a system that al- South Vietnamese had defended their As I looked him in the eye, I know own country for 3 years, but when their lows for amendments so that we can what kind of pain he has been through, improve the legislation that comes. resources dried up, their military col- that soaked in with me, Mr. Speaker. lapsed. We are at 42 hours, Mr. Speaker, and And so I traveled over there in the the clock will start again. Actually, it aftermath of their trip, and as I went b 2030 will shut off when we adjourn here alone this time, I didn’t go with a con- Some of those things are being ma- about 9:00 and it will take up again to- gressional delegation, I just went neuvered right now, and I can hear this morrow morning when we gavel back alone, and I had an opportunity to sit come out of the debate on the other in. down with General Abizaid and close But, Mr. Speaker, I come here to talk side of the aisle. the door and talk and ask questions about a big subject. It is a subject that But here are the scenarios: One sce- and probe a line of reasoning and then has been consuming the thoughts and nario is listen to the people over here, take on another line of reasoning. I had the prayers of the American people Mr. Speaker, who would say, well, let’s since September 11, 2001, and that sub- the opportunity to do the same thing unfund this operation. Let’s bring our ject is a subject the President will take with General Casey, although staff was troops home now. Let’s get out of there up here in a little more than 35 min- in the room for that one. I also sat because it is sectarian strife and you utes. It is the subject of this global war down with General Corelli and did the can’t resolve a civil war and it is just on terror, and primarily the battle- same thing. I had two meetings with brother fighting against brother and ground, the main battleground, which Ambassador Khalilzad. And then each why do we want to get involved in a is Iraq, in this global war on terror. time I walked into a mess hall, or I family feud? All of that that sub- I have certainly been involved in this would just holler out, ‘‘Is anybody here stitutes for rationale. since the beginning of the operations in from Iowa?’’ And invariably there But what they are really looking at Iraq. I have been over there four times. would be Iowans there. And there is an is if they get their way, the reality in I have traveled into Afghanistan as instant connection between you and Iraq is different than their perception, well. Each time I go over there, I al- someone from your State. You know I believe, and I would like to have them ways stop at Landstuhl in Germany where they are from. You know what pay a little more attention, maybe go and visit our wounded troops there. they believe in. You have an under- over there with a real intention to And the last time I was over was over standing about their background and learn. Thanksgiving, just a little over a where they come from. You know what But a year ago in Iraq there was vio- month ago, when I ate Thanksgiving sports teams they support, or at least lence over most of the entire country dinner with wounded troops in you can find out quickly, and we have scattered around. And the argument I Landstuhl at the hospital in Germany, those little arguments, Mr. Speaker. heard from this side of the aisle over and that was the most meaningful But when I index the things that I hear here was, well, let’s get out of there Thanksgiving I have ever had in my from our top officers that are in the right now, get the Americans out be- life. I don’t expect to ever top that for field and what I hear from the people cause, after all, they are the targets a moving Thanksgiving where one can on the ground, and as I talk to people and Iraqis just want to have their own really be in awe of true courage, true through all ranks and travel across country. They object to Americans patriotism and true sacrifice. Iraq and also Afghanistan in this last walking on their soil. So if we would And I believe we are going to hear a trip, put back together a kind of strat- leave, there would be nobody for them speech from the President in a few egy and come to a conclusion as to to shoot at, and then peace would

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Eighty strife. It is a power struggle, a power to pull out of there. The stakes are too percent of the violence is in the Bagh- provide security and safety within high, and that is why the President re- dad area. So peace has broken out over some areas of the community, the ef- jected, I will say politely ignored, the most of Iraq. And if you talk to the sol- fort on the part of Muqtada al Sadr and Iraq Study Group’s recommendations. diers that have been over there that others to drive some of the Sunnis out But we should keep in mind, Mr. are running missions and convoys and of Sunni sections of Baghdad so that Speaker, that there was a million dol- doing patrols, they will tell you that they can have their internal hegemony lar appropriation here that went to the most of Iraq seems very, very normal, within the city of Baghdad. United States Institute for Peace and that you go down the street and off on But this all happened because there out of that came the Iraq Study Group. the road and the Iraqi kids come out was somewhat of a vacuum there and Now, why, if we wanted to figure out and wave and the Iraqi people are open we didn’t go in and take this man out how to win a war, would we go to the and friendly. The men are open and when we needed to do that. And he has United States Institute for Peace and friendly. The women are a little more been to some degree protected by ask them to give us some advice? That shy and a little demure. That is their Prime Minister Maliki, who this after- makes about as much sense as going to culture. But they travel where they noon made a statement that essen- the Syrians or going to the Iranians want to go, and the only thing that tially puts Muqtada al Sadr on notice. and saying, can you help us solve this makes them realize that there is a war He tells the Shiite militias to give up. problem? Why don’t you give us some is when an IED goes off. So we are get- ‘‘Prime Minister al-Maliki has told constructive recommendations? ting there, and the Baghdad area is the everyone that there will be no escape It is not in their interest to give us area that needs to be controlled and from attack,’’ said a senior legislator constructive recommendations. It is in pacified. The rest of the country is who is close to Maliki. ‘‘The govern- the interest of the Iranians and the pretty good. ment has told the Sadrists,’’ Muqtada Syrians to undermine our effort there If we pulled out now or if we pulled al Sadrists, ‘‘ ‘if we want to build a so that they can get us out of the Mid- out in the near future, the involvement state, we have no other choice but to dle East and they can impose their in- and the interference that comes from attack armed groups,’’’ this being the fluence on Iraq, not the other way Iran would be imposed on the Shiia sec- armed groups, Mr. Speaker. around. We will not get constructive tion of Iraq, which is actually a little So I will say there are two main advice from Iran or from Syria any more than the southern area of Iraq, points that I want to hear the Presi- more than we got advice on how to win which has got most of the oil in it. It dent address tonight, and one of them a war from the Iraq Study Group be- would be Baghdad and some of the is militias must be taken on and taken cause I believe that they thought that areas to the north of there and all the out and they are getting an oppor- their charge was how do we get out of way south down to Basra, into the tunity to surrender right now because this? Let’s figure out how to get out of hands of the influence of the Iranian Prime Minister Maliki has put them on this. Not how do we win? Shiia, who are right now funding and notice. They must be taken on and But the President, to his credit, went training, equipping and arming terror- taken out if they don’t surrender. This to the Pentagon and said, I don’t want ists in Iran and sending them into Iraq is the lead that has got to go. to hear from you how we get out of and supporting some of the militia per- The second one is Iran must cease Iraq. I want to see a strategy for vic- sonnel there like Muqtada al Sadr. and desist from their proxy war against tory. I happen to have his picture here. the United States from the sanctuary I wish he had done that a couple This fellow has been a nemesis for a of the sovereign nation of Iran by send- years ago, but I am glad he did it now. long time. And I put the date down ing in insurgents who are trained, I am looking forward to his speech; here. That was the date that I was sit- equipped, funded, and armed by the Ira- and, as I said, I will be sure we adjourn ting in a hotel in Kuwait City watching nians. here before the President’s speech that Al Jazeera TV. Muqtada al Sadr, the And, by the way, IEDs that are being will happen right at 9 o’clock. head of the Mahdi militia, came on Al detonated that are blowing up Ameri- But, at this moment, I would very Jazeera TV, and as I watched that he cans and killing Americans are being much like to yield to my friend from said in Arabic with the English crawler made in Iran and smuggled into Iraq. If Tennessee, Mr. ZACH WAMP. underneath: ‘‘If we keep attacking we pull out of Iraq now without a suc- Mr. WAMP. Mr. Speaker, I thank the Americans, they will leave Iraq the cessful safe country there, the result gentleman very much for yielding. same way they left Vietnam, the same will be Iran will control the Shiia sec- And I just want to open by saying way they left Lebanon, the same way tion of Iraq. They will control most of how encouraging it is to see a Member they left Mogadishu.’’ Muqtada al the oil in Iraq. They control the like yourself take such a hands-on in- Sadr. Straits of Hormuz now. They would terest in the affairs of the Middle East, Now here he is being supported by control the outlet, the mouth of the Ti- and I think anyone here tonight or the Iranians, funding his militia, help- gris and Euphrates River, the Umm watching these proceedings would un- ing to train his militia, and paying Qasr ports, the export area for Iraq’s derstand your perspective and how in- some of them to plant IEDs and attack oil. They would have a stranglehold on formed it is. Plus you approach it from Americans. Iran is conducting a proxy 40 percent of the world’s oil, which is a the purity of an Iowan. And I am very war against the United States from the death grip on the world economy. grateful for your due diligence and for sanctuary of their sovereign nation of They would be in a position to con- the work that you have done and the Iran and sending in the munitions and tinue to enrich themselves, and their way that you understand these threats. the militia and the insurgents to at- money chest would be pouring over. I was reminded, as you were speak- tack Americans there, and this man is They could then accelerate their nu- ing, that just a couple of years ago you their surrogate, and he must go. clear weapons development. They could and I were in Africa together talking It is more complicated than the peo- either build more and build them faster about these threats and how we were ple on the other side of the aisle would or buy them where they could get concerned that Africa was also at risk say. They would argue that it is just them, perhaps from North Korea, and with some of the areas like Somalia, Shiia and Sunni that are fighting each you would see Iran much more quickly which is in the news again this week, other. There are six to eight different become a dominant nuclear power with where these international terrorist factions fighting each other there. Sadr an ability not just to put a nuclear networks are, frankly, looking for an- is one. The Badr Brigade is another. Al missile into Tel Aviv but the ability to other sovereign nation from which to

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September 11th was not the begin- crats and Republicans to come to- ing that Senator LIEBERMAN came back ning of this. It was the culmination of gether on an issue of national/inter- and effectively endorsed, in order to them attacking us and our interests national importance, it is this issue. control these areas of insecurity par- around the world and our sovereign This is where I hope that there are ticularly within the 30-mile radius of land around the world, at our embas- never partisan motives attached to Baghdad, increasing troop strength and sies. The same people, the jihadists, anyone’s position on matters of war he talked about ‘‘greatly advancing the the extremists. and peace. cause of moderation and freedom Read the book ‘‘Hatred’s Kingdom’’ I want to go back to the very time throughout the Middle East and pro- about wahabism, Qutubi and Azzam. In when we voted in the House and the tect our security at home.’’ And I am the 1950s, they began indoctrinating Senate to remove Saddam Hussein by very concerned that if we retreat into people on this unbelievably radical ele- force and remind everyone that over the 1990 style complacency that 9/11s ment in Islam to oppose anyone who half of the Democrats in the Senate will continue. did not believe as they believed, and voted to do so and almost half of the One of the problems is that we did that is the Hezbollah foundation out of Democrats in the House voted to do so. not have enough troops on the ground, Iran, as you say. And they can say now, oh, but we and one of the expressions I wish When people say these connections didn’t have good information or what- hadn’t been uttered was ‘‘Mission Ac- were not in place before September ever their rationale is for wanting to complished’’ because there were many 11th, these connections with these ter- pull out abruptly now, but the truth is difficult days ahead of us following rorist elements have been in place for we are where we are and this situation that unfortunate time. We didn’t have years. Don’t deny that. You are bury- is as it is and we are in it together. And enough troops to secure the area in and ing your head in the sand. Read if ever there was a time where Ameri- around Baghdad, and that is where 80 ‘‘Londonistan’’ and how they have in- cans need to meet again at the water’s percent of the violence is taking place. filtrated London. Read ‘‘While Europe edge, it is now. Slept’’ and how they have infiltrated b 2045 I don’t want to preempt what the Europe. Read ‘‘America Alone’’ or President says tonight. The President Sending more troops to Iraq will not ‘‘Looming Towers’’ and understand is in a very difficult place because the help unless it is coupled with a con- that these threats are our generation’s war has not gone well. We have made crete and feasible plan and a new strat- call to courage, and we cannot grow mistakes. We have not implemented egy that requires the active participa- weary such that we retreat. Too much certain policies to the best of our abil- tion of the Iraqi government. And the is at stake. ity. And I think it is important for him goal should be clear, an Iraq run by, se- The President is trying to get us to recognize those flaws and those cured by and governed by the Iraqi peo- back on the right road. One speech is shortcomings with the mission to this ple. not going to do it. Tonight is not going point because, in my opinion, all great Frederick Kagan from the American to do it. But I am hopeful for our coun- leaders at some point say we are on the Enterprise Institute wrote this week try’s sake, not my party’s sake, not the wrong road and we need to get to this that, ‘‘The real choice we face is this: Democrat’s sake, but for our country’s road or we have made this mistake or Is it better to accept defeat than to en- sake so we can find a path forward to- that mistake and if you will join me, dure the pain of trying to succeed.’’ gether. This cannot be the President’s we can rectify this problem. Because I will say it again. ‘‘The real choice war. It has to be our country’s fight the stakes are enormous, as you said. we face is this: Is it better to accept de- against the jihadists wherever they go, The great football coach Vince feat than endure the pain of trying to and Iraq is one theater, and they want Lombardi, and football is just mean- succeed.’’ to fight us, and we need to defeat them. ingless compared to these matters of I don’t think we can accept defeat. I Let’s meet together and send them war and peace and life and death, but don’t think we can be seen as in re- back to their caves or into eternity so he said once that fatigue makes cow- treat, and I want to explain why. For that our way of life is carried forward ards of us all. We need to remember one, all of those troops that have given to the next generation. that as a people, as a Nation, because their lives that I have been with the This is a generational challenge. We we are all tired of this. I mean, I am families of say to me, We must prevail. can’t deny from time to time in history weary of attending funerals in my dis- We must continue on. My son, my hus- you have to step up and these brave trict. I attended one with my wife band, my father, believed very much sons and daughters have done just that, again Monday, another one of a young that this was a just cause and the right and they have volunteered to serve. We soldier who died in Iraq over the holi- thing to do, and we must succeed. They honor their sacrifice, but please, House days. His son was born the day after he have suffered great loss, and they be- and Senate and country, come together died. We are all sickened by this sac- lieve that it is the right thing to do. and find a path forward as one Nation. rifice and this loss. But I have got to But I want to say this, this cannot be Mr. KING of Iowa. I thank the gen- tell you if that collectively causes us George W. Bush’s war. This must be tleman from Tennessee for his commit- to lose our passion for freedom or our America’s fight. We must see people in ment to this country and the passion will to carry on our way of life, it will a bipartisan way come together around that he brings to everything he does. I be a tragedy in American history, and a plan. I don’t know if 20,000 troops is point out, that meeting in Africa, we these are the decisions of the moment. the right number, or 5,000 or 100,000; arrived from different locations and al- Now I know that our friends from but we need to come back together be- most by coincidence, by providence, we time to time quote people, but one of cause we are where we are and it is arrived at the same location to address the people, ironically to me, that what it is, and if we are ever going to the things we were concerned about in serves as kind of the conscience of bring troops home in victory in 18 South Africa at the time. I also note some of these international issues is months or 24 months, we may have to that Mr. WAMP shows up to address Senator LIEBERMAN of Connecticut, put our foot down in the short run. these issues spontaneously on occasion. who ran against, with my fellow Senator LIEBERMAN believes so. The I very much appreciate your leader- Tennesseean Al Gore, the President President believes so. And I hope that ship, ZACH. and the Vice President. He just re- the case is made clearly so that more As we sit here tonight, I will review turned from this area and he came and more Americans understand this. some of the things that Mr. WAMP ad- back in support of not only continuing Over the last few days, Zawahri, who dressed. He listed a number of books our efforts until we can prevail in Iraq is now the commander effectively of al that he recommended that we read.

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00079 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE H334 CONGRESSIONAL RECORD — HOUSE January 10, 2007 Among them was the book ‘‘While Eu- That is the enemy that we are up That is where I would start: Cross rope Slept’’ by Bruce Bawer, and that against. And this geopolitical dynamic hairs on Ahmadinejad, put the cross is, I think, one of the most profound needs to be understood by the Members hairs on their nuclear capability, and reads I have ever gone through. It tells of this Congress, and I am thinking the then if they back out of Iraq, then we the story how the author has traveled best way they can understand it is can have a peaceful Iraq. We still have from New York City into Holland to when the American people study it and to remove Muqtada al-Sadr and some make his life there, and realized he get their voice into the ears of their other militia leaders. If those two could never become a Dutchman in representatives, the 435 here in the things happen, that shuts off the Holland the same way you can become U.S. States House of Representatives. money, the munitions and the oper- an American in the United States. So But to take on a little more of this, ations of violence that are there. As he moved to Norway to become a Nor- I would point out that a major ques- long as there is money there, somebody wegian and found out that although he tion needs to be asked and answered, is going to set an IED. I can see that. could develop his language skills and and I hope the President has asked the But most is controllable by the Iraqis. understood the culture and history of question and I hope he has answered I have watched as thousands of Iraqi Norway, he would never be a Nor- the question, and that is: Can we live troops have been trained, lined up in wegian because they don’t have a sys- with, here in the United States, a nu- ranks. I first saw them and reviewed tem of assimilation that we have or at clear armed Iran? That is part of this those troops in October 2003. Those least had in the United States. overall equation. It isn’t just confined troops were trained by General David So he traveled throughout the coun- to Iraq. Petraeus. He headed up the Iraqi mili- tries in Europe and gathered anecdotes As I spoke earlier, Iran is conducting tary training operations when he was and data and studies and compiled an a proxy war against the United States over there during the last deployment, understanding of what is happening in Iraq by training and funding and and now he has been appointed to com- with the ethnic enclaves that have harboring terrorists and sending them mand all military operations within been created in Europe, those enclaves munitions and equipping them and also Iraq. He is the most impressive mili- that are Muslim enclaves. making IEDs and other munitions that tary person I have met in my life. If Our idea has been in this country to go into Iraq that are being used against anyone can run this operation in Iraq promote assimilation. Everybody can Iraqis of all stripes and being used successfully, it is David Petraeus. He become an American. That, we have against Americans. That has to stop. considered to be multiculturalism. But But can we tolerate a nuclear-pow- has the love and respect of many of the the multiculturalism in Europe is dif- ered Iran, an irrational nuclear-pow- Iraqis, the Kurds and Sunnis and Shias. ferent. That is, let us create an ethnic ered Iran that has Ahmadinejad who is And in Mosul, where the 101st Air- enclave here, and look at us. We are no fuming and making allegations about borne, which he commanded when they longer this blue-eyed, blond society, or the annihilation of Israel and the anni- went in to liberate Iraq, there in whatever it happens to be in the Scan- hilation of the United States. Mosul, they went in and liberated dinavian north or whatever the com- All we have to do is listen to these Mosul in the latter part of March 2003. plexion might be in some of the other tyrants and believe what they say. By the end of May 2003, General areas in Europe. We now have Every action that they make makes it Petraeus had held open elections in multiculturalism by ethnic enclave, clear that they will develop a nuclear Mosul in those three provinces there, and the ethnic enclaves being pri- bomb. They will develop more than and elected a governor and a vice gov- marily Muslim have not integrated one. They are developing the means to ernor, and I also recall a business rep- into the rest of society, and they have deliver it now, as they are developing a resentative at the table in those dis- brought more and more from their bomb now. Why would we disbelieve cussions that we had. That was an im- home country and grown their enclaves them? Why would we think that we pressive means to win the hearts and to the point where Bruce Bawer’s anal- could talk them out of it? When you go minds of the people, and also from a ysis comes down to that skepticism into negotiations, you never get some- military tactical perspective. that France will ever be French again thing for nothing. You have to have But to give you an understanding of within the next generation, and that something to offer. how effective General Petraeus has the takeover that takes place without I ask the President, and I hope he been, there is a sign, and I have a pic- the assimilation by rejecting the host will tell us tonight, that he has put the ture of it as a street sign on a broad country’s culture and importing the cross hairs on Iran, and directly on street in the city of Mosul in Iraq, and culture of the newly arriving immi- their nuclear capability and sent it said: 101st Airborne Division. They grants transforms these countries and through a back-channel message to misspelled ‘‘airborne’’ and ‘‘division’’ explains why you can see second gen- Ahmadinejad and the mullahs that run so I was pretty sure that it was a sign eration British of Pakistani descent him that Iran’s nuclear days are num- put up by the Iraqi people in apprecia- setting off bombs in the subways in bered and that there is a decision that tion for the 101st Airborne led then by London. has already been made that they will General Petraeus who will be taking It explains that, and it shows what is not have a nuclear capability. And if over and commanding all military happening to the culture in Europe be- they cease and desist from their proxy forces within Iraq. cause they have opened up their bor- war against the United States that We can win this. We must win this. ders and not promoted assimilation. they are conducting within Iraq, then We do not have a tactical threat When it is done, Bruce Bawer’s anal- they will be allowed, perhaps, enough against us. We can and will prevail. ysis comes down to the choice for Eu- negotiation time that they can save The American people need to stand to- rope will be either one of two things: some face before they dismantle their gether. Mr. WAMP said that, and I agree total capitulation or mass expulsion. nuclear endeavor. with him. That is what Europe is faced with, and Should they proceed, then the deci- I am not optimistic that Europe will sion needs to be made whether to take b 2100 recover and come back to being a part- out Iran’s nuclear capability. We saw 4 We need to stand with our Com- ner for the free world again because the days ago, there was intelligence or I mander in Chief. It isn’t really up to people that are in those countries that will say a press leak that came out of the President to convince the Amer- are slowly by birth rate taking over Israel that they have a contingency ican people that we should move for- don’t believe in the freedoms that we plan to take out Iran’s nuclear capa- ward on this, but it is up to us to sup- believe in, Mr. Speaker. They reject bility with limited tactical nuclear port our military. And if we are going them. They reject Western civilization weapons. If they have to do that, I am to support our military, we must sup- and our Christian culture. The reject afraid there is an all-out conflagration port their mission, Mr. Speaker. the Judeo-Christian belief system. The in the Middle East, and all Arab coun- So I look forward to the President’s wahabists that Mr. WAMP talked about, tries will descend upon Israel. If some- speech. It is a pleasure for me to have they believe they have an obligation or body has to do it, it is better if we do the honor and privilege to turn over, I at least a right to annihilate those who it. It is better if Ahmadinejad disman- will say this network, to the President don’t believe like they do. tles his nuclear capability. of the United States as he lays out a

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00080 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE January 10, 2007 CONGRESSIONAL RECORD — HOUSE H335 plan for victory in the battlefield of Mr. ADERHOLT, for 5 minutes, today. Office’s efforts to ensure continued safety and health of legislative branch employees Iraq, which will take us on to a final f victory in the overall global war on and visitors; as well as the need for regula- ADJOURNMENT terror. tions in the legislative branch for veterans entering and returning to the workforce. Mr. Speaker, I yield to the gentleman Mr. KING of Iowa. Mr. Speaker, I With more than ten years of experience liv- from California (Mr. HUNTER), who was move that the House do now adjourn. ing with congressional accountability, the the distinguished chairman of the The motion was agreed to; accord- Board and the Office are committed to the Armed Services Committee. ingly (at 9 o’clock and 1 minute p.m.), recommendations we outline in this report. Mr. HUNTER. Mr. Speaker, I want to the House adjourned until tomorrow, As the sixth such report to Congress, we are thank my friend for yielding. Thursday, January 11, 2007, at 10 a.m. seeking appropriate time for review, con- In a few minutes the President will sultation, and action in the 110th Congress. f On behalf of the Board of Directors, I sub- address the Nation about his plans for BIENNIAL REPORT ON THE APPLI- mit this important document for you review Baghdad and the fact that he needs re- CABILITY TO THE LEGISLATIVE and attention. inforcements, some of them to go to BRANCH OF FEDERAL LAW RE- Sincerely, Anbar Province, some of them to work LATING TO TERMS AND CONDI- TAMARA E. CHRISLER, Acting Executive Director. on a three-to-one basis with the Iraqi TIONS OF EMPLOYMENT AND AC- OFFICE OF COMPLIANCE SECTION 102(b) forces, three Iraqi battalions in each CESS TO PUBLIC SERVICES AND REPORT, DECEMBER 2006 one of these sectors in Baghdad for ACCOMMODATIONS each American battalion standing be- This is the sixth biennial report submitted hind them. OFFICE OF COMPLIANCE, to Congress by the Board of Directors of the The President has asked for rein- Washington, DC, January 4, 2007. Office of Compliance of the U.S. Congress, pursuant to the requirements of section forcements, and it would be outrageous Hon. NANCY PELOSI, Speaker, House of Representatives, The Capitol, 102(b) of the Congressional Accountability if the Democrat leadership in this Washington, DC. Act (2 U.S.C. 1302 (b)). Section 102(b) of the House denied this country reinforce- DEAR MADAM SPEAKER: Section 102(b)(2) of Act states in relevant part: ments for a military operation in a the Congressional Accountability Act of 1995 Beginning on December 31, 1996, and every shooting war which continues to this (CAA), 2 U.S.C. 1302, requires that, ‘‘Begin- 2 years thereafter, the Board shall report on minute. ning on December 31, 1996, and every 2 years (A) whether or to what degree [provisions of Mr. KING of Iowa. Mr. Speaker, I thereafter, the Board shall report on (A) Federal law (including regulations) relating to (A) the terms and conditions of employ- thank Mr. HUNTER. I yield back the whether or to what degree the provisions de- ment (including hiring, promotion, demo- balance of my time. scribed in paragraph (1) are applicable or in- applicable to the legislative branch and (B) tion, termination, salary, wages, overtime f with respect to provisions inapplicable to the compensation, benefits, work assignments or LEAVE OF ABSENCE legislative branch, whether such provisions reassignments, grievance and disciplinary should be made applicable to the legislative procedures, protection from discrimination By unanimous consent, leave of ab- branch. The presiding officers of the House of in personnel actions, occupational health sence was granted to: Representatives and the Senate shall cause and safety, and family and medical and other Mr. GARY G. MILLER of California (at each report to be printed in the Congres- leave) of employees; and (B) access to public the request of Mr. BOEHNER) for today sional Record and each such report shall be services and accommodations] . . . are appli- after 4 p.m. and the balance of the referred to the committees of the House of cable or inapplicable to the legislative branch, and (B) with respect to provisions in- week on account of a death in the fam- Representatives and the Senate with juris- diction. applicable to the legislative branch, whether ily. The Board of Directors of the Office of such provisions should be made applicable to f Compliance is transmitting herewith the the legislative branch. The presiding officers of the House of Representatives and the Sen- SPECIAL ORDERS GRANTED Section 102(b) Report for the 1091h Congress. The Board requests that the accompanying ate shall cause each such report to be print- By unanimous consent, permission to Report be published in both the House and ed in the Congressional Record and each address the House, following the legis- Senate versions of the Congressional Record such report shall be referred to the commit- lative program and any special orders on the first day on which both Houses are in tees of the House of Representatives and the heretofore entered, was granted to: session following receipt of this transmittal. Senate with jurisdiction. Bracketed portion from section 102(b)(1). (The following Members (at the re- Any inquiries regarding the accompanying Notice should be addressed to Tamara INTRODUCTION quest of Ms. WOOLSEY) to revise and ex- Chrisler, Acting Executive Director of the tend their remarks and include extra- Prior to the enactment of the Congres- Office of Compliance, 110 2nd Street, S.E., sional Accountability Act of 1995 (CAA), Con- neous material:) Room LA–200, Washington, D.C. 20540. gress recognized the need to legislate many Mr. MCGOVERN, for 5 minutes, today. Sincerely, aspects of the workplace, and it did so by Mr. DEFAZIO, for 5 minutes, today. SUSAN S. ROBFOGEL, passing laws to address workplace rights and Mrs. MCCARTHY of New York, for 5 Chair of the Board of Directors. the employment relationship. These laws, minutes, today. however, were not applicable to Congress. Ms. WOOLSEY, for 5 minutes, today. OFFICE OF COMPLIANCE, Congress had excluded itself and other in- Mr. GEORGE MILLER of California, for Washington, DC, December 21, 2006. strumentalities of the legislative branch 5 minutes, today. Hon. J. DENNIS HASTERT from the requirements of these laws. Passage Speaker of the House, House of Representatives, of the CAA, with nearly unanimous approval, Mr. PALLONE, for 5 minutes, today. The Capitol, Washington, DC in the opening days of the 104th Congress, re- Mr. STUPAK, for 5 minutes, today. DEAR SPEAKER HASTERT: Pursuant to sec- flected a national consensus that Congress Ms. SOLIS, for 5 minutes, today. tion 102(b) of the Congressional Account- must live under the laws it enacts for the Ms. Norton, for 5 minutes, today. ability Act, I am pleased to announce that rest of society. Ms. WATERS, for 5 minutes, today. the Board of Directors of the Office of Com- The CAA is not meant to be static. The Act Mr. WELCH of Vermont, for 5 min- pliance has completed its biennial report. intended that there be an ongoing, vigilant utes, today. Accompanying this letter is a copy of our review of federal law to ensure that Congress section 102(b) report for the 109th Congress. continue to apply to itself—where appro- Ms. JACKSON-LEE of Texas, for 5 min- The section 102(b) report and its incor- priate—the labor, employment, health, and utes, today. porated recommendations are an integral safety laws it passes. To further this goal, Ms. MILLENDER-MCDONALD, for 5 min- part of the Congressional Accountability the Board of Directors of the Office of Com- utes, today. Act. As a principle function of the Board, pliance (‘‘Board’’) was tasked with the re- Mr. COHEN, for 5 minutes, today. this report provides insight into the ever- sponsibility of reviewing federal laws each (The following Members (at the re- changing climate that exemplifies the work- Congress to make recommendations on how quest of Mr. ADERHOLT) to revise and ing environment of the legislative branch. As the CAA could be expanded. Since its cre- extend their remarks and include ex- such, the Board views the submission of this ation, the Board has duly submitted biennial traneous material:) report as the primary method of keeping the Reports to Congress, starting in 1996, detail- Act alive beyond its inception. With this ing the limited and prudent amendments Mr. KUHL of New York, for 5 minutes, submission, the Board presents its prior rec- that should be made to the CAA. There was today. ommendations and specifically makes rec- also an Interim Report in 2001, regarding Mr. KELLER of Florida, for 5 minutes, ommendations concerning the need for addi- Section 508 of the Rehabilitation Act of 1973. January 11. tional tools and mechanisms to increase the In past reports, the Board has taken a broad

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00081 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE H336 CONGRESSIONAL RECORD — HOUSE January 10, 2007 approach in presenting its recommendations preference for selection to federal employ- (ii) gross mismanagement, a gross waste of to amend the Congressional Accountability ment. Regulations for these laws have been funds, an abuse of authority, or a substantial Act, and has encouraged Congress to con- implemented in the executive branch, and and specific danger to public health or safe- sider and act upon those recommendations. the Board encourages Congress to implement ty, if such disclosure is not specifically pro- By including Appendices A through C in this corresponding regulations in the legislative hibited by law and if such information is not Report, the Board incorporates these prior branch. specifically required by Executive Order to recommendations as part of this Report: RECOMMENDATIONS be kept secret in the interest of national de- amendments to the Rehabilitation Act, title I. Whistle Blower Protection Act application to fense or the conduct of foreign affairs. II and title III of the Civil Rights Act, the CAA (9) take or fail to take, or threaten to take record-keeping and notice posting, jury duty, or fail to take, any personnel action against Retaliation protections bankruptcy, garnishment, and employee pro- any employee or applicant for employment tection provisions of environmental statutes. Over the years, the Office of Compliance because of— The Board continues to ask that these prior has received numerous inquiries from legis- (A) the exercise of any appeal, complaint, recommendations be implemented. lative branch employees about their legal or grievance right granted by any law, rule, Now that Congress has had substantial rights following their having reported alle- or regulation; time to reflect on the contents of the Board’s gations of employer wrongdoing or mis- (B) testifying for or otherwise lawfully as- prior reports, it is critical that Congress con- management. Unfortunately, these employ- sisting any individual in the exercise of any tinue the example set in 1995 with the enact- ees are not currently protected from employ- right referred to in subparagraph (A); ment of the original provisions of the CAA. ment retaliation by any law. The retaliation (C) cooperating with or disclosing informa- Without action on the Board’s recommenda- provisions of the CAA limit protection to tion to the Inspector General of an agency, tions, the worthy goal of the Congressional employees who, in general, exercise their or the Special Counsel, in accordance with rights under the statute. Whistle blower pro- Accountability Act gradually may be eroded. applicable provisions of law; or The overwhelming bipartisan support for tections are intended specifically to prevent (D) for refusing to obey an order that the CAA’s passage in 1995 is a testament to employers from taking retaliatory employ- would require the individual to violate a law; the importance of—and support for—the ment action against an employee who dis- (10) discriminate for or against any em- closes information which he or she believes principles the CAA embodies, both in Con- ployee or applicant for employment on the evidences a violation of law, gross mis- gress and in the electorate as a whole. While basis of conduct which does not adversely af- management, or substantial and specific recognizing the enormous importance of fect the performance of the employee or ap- danger to public health or safety. many of the other issues faced today by Con- plicant or the performance of others; except The Whistle Blower Protection Act gress, the Board is hopeful that issuance of that nothing in this paragraph shall prohibit (‘‘WPA’’) prohibits executive branch per- this 2006 Section 102(b) Report will result in an agency from taking into account in deter- sonnel decision makers from taking any ac- legislative action to finally implement these mining suitability or fitness any conviction tion to: of the employee or applicant of any crime recommendations, so that the CAA remains (3) coerce the political activity of any per- current with the employment needs of the under the laws of any State or the District of son (including the providing of any political 1 legislative branch. Columbia, or of the United States. contribution or service), or take any action Over the years, legislative branch employ- EXECUTIVE SUMMARY against any employee or applicant for em- ees have proven essential in informing the In this 2006 Report, the Board is ployment as a reprisal for the refusal of any General Counsel of the possible existence of prioritizing its recommendations, without in person to engage in such political activity; serious hazards that may affect the safety any way diminishing the importance of the (4) deceive or willfully obstruct any person and health of employees, management rep- recommendations made in prior Reports. In with respect to such person’s right to com- resentatives, and members of the public that this current Report, the Board focuses on pete for employment; would otherwise not come to his attention. two areas of vital and immediate concern to (5) influence any person to withdraw from In order to assure the free flow of this infor- the covered community—safety and health, competition for any position for the purpose mation, it is incumbent upon Congress to and veterans’ rights—and urges Congress to of improving or injuring the prospects of any protect employees from intimidation and re- take action on them. other person for employment; taliation when they exercise their rights to (6) grant any preference or advantage not The Office of Compliance Office of the Gen- report and allege violations. eral Counsel (‘‘OGC’’) is responsible for en- authorized by law, rule, or regulation to any On July 17, 2006, Senator Chuck Grassley suring safety and health of legislative employee or applicant for employment (in- introduced a bill 2 to Congress that would branch employees through the enforcement cluding defining the scope or manner of com- amend the Congressional Accountability Act of the provisions of the Occupational Safety petition or the requirements for any posi- to give legislative branch employees some of and Health Act (‘‘OSHA’’). This responsi- tion) for the purpose of improving or injur- the whistle blower protection rights that are bility includes inspection of the covered ing the prospects of any particular person for available to executive branch employees. In community, which the Office of the General employment; the executive branch, employees can take al- (7) appoint, employ, promote, advance, or Counsel performs in collaboration with em- legations of employment reprisal based on advocate for the appointment, promotion, ploying offices. While enormous progress has whistle blowing to the Office of the Special advancement, in or to a civilian position any been achieved by the Office of the Architect Counsel or can bring an individual action di- individual who is a relative (as defined in of the Capitol (‘‘AOC’’) and other employing rectly before the Merit Systems Protection section 3110(a)(3) of this title) of such em- offices in improving health and safety condi- Board.3 As the bill is written, legislative ployee if such position is in the agency in tions, there remain circumstances where branch employees would bring such matters which the employee is serving as a public of- progress will be enhanced if the OGC is pro- to the Office of Compliance’s dispute resolu- ficial (as defined in section 3110(a)(2) of this vided specific tools to perform: whistle blow- tion program. Although this program pro- title) or over which such employee exercises er and similar retaliation protection, tem- vides a mechanism for employees to bring a porary restraining orders, investigatory sub- jurisdiction or control as such an official; (8) take or fail to take, or threaten to take complaint, the employees would have to poenas, and recognition by the responsible or fail to take, a personnel action with re- prosecute these very technical issues them- party for health and safety violations in cov- spect to any employee or applicant for em- selves, or incur the cost of hiring an attor- ered facilities. With these tools, the Office of ployment because of— ney to litigate these issues. Employees of the the General Counsel would be better posi- (A) any disclosure of information by an executive branch do not bear such a burden. tioned to ensure that the covered commu- employee or applicant for employment be- To assure that whistle blower protection nity is a safe and healthy one for its employ- cause of— rights are effectively vindicated, it is imper- ers and employees, as well as its visitors. (i) a violation of any law, rule, or regula- ative that the General Counsel be granted Congress has enacted laws to ensure that tion, or the same authority to investigate and pros- soldiers with civilian employment will not (ii) gross mismanagement, a gross waste of ecute OSHA-type violations of the CAA, as is be penalized for their time spent away from funds, an abuse of authority, or a substantial provided under other remedial labor laws. their employers while serving in the mili- and specific danger to public health or safe- Executive agencies that are required to en- tary. Through the enactment of these laws, ty, if such disclosure is not specifically pro- force labor and employment rights are often Congress ensured that military service will hibited by law and if such information is not given explicit statutory authority to con- not prevent individuals from remaining pro- specifically required by Executive Order to duct investigations and litigation respecting fessionally competitive with their civilian be kept secret in the interest of national de- charges of employer intimidation and retal- counterparts. The Veterans’ Employment fense or the conduct of foreign affairs; or iation of employees. For example, the Gen- Opportunities Act (‘‘VEOA’’) and the Uni- (B) any disclosure to the Special Counsel, eral Counsel of the Federal Labor Relations formed Services Employment and Reemploy- or to the Inspector General of an agency or Authority may investigate discrimination ment Act (‘‘USERRA’’) currently provide another employee designated by the head of based on the filing of an unfair labor prac- protections for military personnel entering the agency to receive such disclosures of in- tice.4 Under the Occupational Safety and and returning to federal and other civilian formation which the employee or applicant Health Act, the Secretary of Labor is given workforces. Under VEOA, Congress has en- reasonably believes evidences— very clear authority to investigate and pros- acted protections for these soldiers, so that (i) a violation of any law, rule, or regula- ecute reprisals.5 The Equal Employment Op- in certain circumstances, they receive a tion, or portunity Commission is granted authority

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00082 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE January 10, 2007 CONGRESSIONAL RECORD — HOUSE H337 to initiate charges and conduct investiga- Express authority to seek preliminary in- place inspection, the General Counsel must tions into claims of discrimination.6 The Na- junctive relief is essential to the General interview witnesses and examine informa- tional Labor Relations Act also grants to its Counsel’s ability to eliminate promptly all tion that may reside solely within the pos- General Counsel the authority to issue a potential workplace hazards. Although a sit- session of the employing office, and not oth- complaint upon the filing of an employee uation has not been presented yet where a erwise readily available to employees, the charge of retaliation.7 court injunction was necessary to resolve a public, or the General Counsel. Absent the Covered employees who have sought infor- case of imminent danger, the General Coun- authority to issue investigatory subpoenas, mation from the Office of Compliance re- sel can foresee the very likelihood of having an employing office may, with impunity, specting their substantive rights under the to do so. In fiscal year 2006, the General refuse or simply stall in responding to the safety and health provisions of the CAA have Counsel increased his efforts to remedy two General Counsel’s requests for information. expressed concern about their exposure when serious violations which posed imminent Such actions would hinder investigations they come forward to provide evidence in danger to workers: unabated safety viola- and may exacerbate potential health and such investigations. They have also indi- tions which existed in the Capitol Power safety hazards. Recently, an employing of- cated reluctance or financial inability to Plant utility tunnels since before 1999, and fice argued that the General Counsel was not shoulder the litigation burden without the the lack of safety shoring for AOC workers entitled to the records of results of testing support of the Office of the General Counsel in trenches surrounding Library of Congress for hearing damage performed on legislative investigative process and enforcement proce- buildings. Fortunately, the prompt filing of employees. The General Counsel was without dures. a formal complaint led the AOC to imple- an efficient mechanism to gain access to this The Board of Directors believes that the ment immediate interim abatement meas- information. ability of the General Counsel to investigate ures to protect workers in the tunnels from Currently, the only means to compel pro- and prosecute retaliation in the OSH process imminent harm. In addition, the filing of a duction of documents or testimony when co- would effectively serve to relieve employees citation for the safety shoring violation operation is not forthcoming is to issue a ci- of these burdens. It would also preserve con- prompted the AOC to take immediate steps tation and a complaint, and institute legal fidence in the CAA and empower legislative to install appropriate shoring to protect its proceedings against the employing office. branch employees to exercise their rights employees. Besides being costly, this process is counter- without fear of adverse action in reprisal for In both of these instances, the need for in- productive to the General Counsel’s efforts their protected activities. junctive relief was obviated due to the to maintain and further a collaborative rela- Protection from solicitation of recommenda- prompt and voluntary compliance of the tionship with employing offices. In addition, tions AOC. However, in other situations, employ- the inherent delays of litigation may have The Board believes that the subsection ing offices may not so readily accept respon- the effect of exposing employees and the (b)(2) rule of the Whistle Blower Protection sibility for correcting an imminent safety public to unabated hazard and significant Act should be made applicable to all legisla- hazard. For example, the increased use of risk of exposure or injury. Prompt produc- tive branch employing offices, other than the contractors to perform construction and re- tion of information or access to witnesses al- two houses of Congress and the entities list- pair work on Capitol Hill creates situations lows the General Counsel to collaborate with employing offices and make an informed de- ed in section 220(e)(2)(A)–(E) of the CAA. where the responsibility for assuring safe cision and assess risks and hazards. This au- The Board urges Congress to discourage conditions may not be as clear, or as readily thority will directly enhance the ability of ‘‘political’’ recommendations in the filling of accepted, by an employing office. Cases of the General Counsel to carry out his statu- covered positions. Specifically, subsection that nature demonstrate the need for the tory duty to maintain a safe and healthy (b)(2) of the Whistle Blower Protection Act availability of injunctive relief to ensure the workplace. provides that anyone with personnel author- immediate and ongoing safety of employees ity may not: ‘‘solicit or consider any rec- and members of the public pending resolu- The Office of the Architect of the Capitol is ommendation or statement, oral or written, tion of issues of responsibility and cost. responsible for safety and health viola- with respect to any individual who requests The Board urges Congress to recognize the tions in covered facilities or is under consideration for any personnel General Counsel’s need to have the authority In its Report on Occupational Safety and action unless such recommendation or state- to seek preliminary injunctive relief. Al- Health Inspections for the 108th Congress, ment is based on the personal knowledge or though implicitly provided in the Act, the the General Counsel raised a concern regard- records of the person furnishing it and con- current language under Section 215(b) cre- ing enforcing compliance with the OSH Act sists of—(A) an evaluation of the work per- ates ambiguity as to whether such authority where work is performed by contractors formance, ability, aptitude, or general quali- has been granted to the General Counsel. hired by the Architect of the Capitol. In the fications of such individual; or (B) an evalua- The Board recommends that the CAA be 108th Biennial Report, three specific inci- tion of the character, loyalty, or suitability amended to clarify that the General Counsel dents were cited wherein AOC contractors of such individual . . .’’ has the standing to seek a temporary re- created hazardous situations that posed sig- The Board recommends that Congress straining order in Federal district court and nificant risk to property in one instance, and apply this restriction to anyone with per- that the court has jurisdiction to issue the severe bodily injury to employees and the sonnel authority in any legislative branch order. public in the other two. The latter two con- ditions were corrected by the AOC, even employing office, other than the two houses Investigatory subpoenas of Congress and the entities listed in section though the AOC asserted it had no obligation 220(e)(2)(A)–(E) of the CAA. The General Counsel of the Office of Com- to do so. In the other situation, a citation pliance is responsible for conducting health II. Increased safety and health compliance tools was issued by the General Counsel; however, and safety inspections in covered offices in the AOC has contested this citation, assert- Temporary restraining orders the legislative branch. In implementation of ing that it has limited, if any, responsibility The Occupational Safety and Health Act is this mandate, the General Counsel is granted to monitor or ensure compliance with OSHA applied, in part, to the legislative branch many, but not all, of the same authorities regulations and safety standards whenever through Section 215(b) of the Congressional that are granted to the Secretary of Labor work is performed by contractors. Accountability Act. Under this section, the under section 8 of the Occupational Safety OSHA, rather than the Office of Compli- remedy for a violation of the CAA is a cor- and Health Act. One of the significant au- ance General Counsel, has jurisdiction over rective order similar to such an order grant- thorities granted to the Secretary of Labor AOC private sector contractors. As the AOC ed under the remedial section of the OSH is that of issuing investigatory subpoenas in increasingly relies on such contractors to Act. Among other things, the OSH Act au- aid of inspections. Other federal agencies, perform its construction and repair work, it thorizes the Secretary of Labor to seek a such as the National Labor Relations Board is foreseeable that safety and health enforce- temporary restraining order in district court and the Federal Labor Relations Authority, ment in the legislative branch could increas- in the case of imminent danger. Such en- likewise are given such authority in imple- ingly devolve to OSHA rather than the Office forcement authority is necessary for the mentation of their authority to investigate of Compliance General Counsel. Were the General Counsel of the Office of Compliance complaints. However, the Congressional Ac- AOC to prevail in its contention that it was to ensure that safety and health violations countability Act does not grant to the Gen- not responsible for hazards created by its are remedied expeditiously. The General eral Counsel the authority to require the at- contractors, the ability of the General Coun- Counsel takes the position that although tendance of witnesses and the production of sel to protect legislative branch employees Section 215(b) of the CAA does not expressly evidence in furtherance of his investigations. would be severely undermined. Moreover, di- provide preliminary injunctive relief as a While most employing offices do not di- vided jurisdiction over the elimination of remedy, such authority is implied by the rectly refuse to provide requested informa- hazardous conditions that affect legislative Act’s terms. Certain employing offices, as tion during the General Counsel’s investiga- branch employees would appear to be con- well as other stakeholders, however, differ tions, significant delays in providing infor- trary to the purpose of the CAA. with this interpretation, as the language is mation are, unfortunately, not unusual. The The General Counsel’s jurisdiction to hold not stated directly in the Act. Accordingly, lack of authority to compel the prompt re- an employing office accountable for com- the Board seeks to amend the current lan- lease of information and witnesses from em- plying with safety standards does not turn guage of the Act to alleviate all ambiguity ploying offices hampers the ability of the on whether the employing office performs its and to make clear the General Counsel’s au- General Counsel to enforce health and safety work directly or through the use of a con- thority to seek such relief. regulations. To conduct a thorough work- tractor. Otherwise, the health and safety in

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00083 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE H338 CONGRESSIONAL RECORD — HOUSE January 10, 2007 much of the legislative branch would depend The Board is mindful that stakeholder input adopted regulations, these protections are on the diligence and skill of independent is critical in ensuring that the proposed reg- without legal effect in the legislative contractors rather than that of the Architect ulations capture the particular workings and branch. The particular procedures and prac- of the Capitol. The Government Account- procedures of the legislative branch. To that tices in the legislative branch necessitate ability Office recently expressed a similar end, the Board is committed to investing as regulations written especially for the legis- concern that the ‘‘AOC had not fully exer- much time as is necessary to promulgate and lative branch. The Board encourages Con- cised its authority to have the contractors implement the VEOA regulations. gress to adopt these regulations, once pro- take corrective actions to address recurring One of the most critical aspects of drafting posed, so that VEOA and USERRA protec- safety concerns’’ in regard to construction at these regulations has been to acknowledge tions can be provided specifically to employ- the Capitol Visitor Center.9 the longstanding and significant differences ees of the legislative branch with regulations OSHA has a ‘‘Multi-Employer Citation Pol- between the personnel policies and practices, suitable to the needs of the covered commu- icy,’’ 10 under which employers can be consid- as well as the history, of the legislative nity. ered both a ‘‘controlling and exposing em- branch and the executive branch. In par- CONCLUSION ployer engaged in construction and repair ticular, the executive branch distinguishes As the tenth anniversary of the Congres- work.’’ This policy requires that these multi- between employees in the ‘‘competitive serv- sional Accountability Act of 1995 has now employers be held accountable and respon- ice’’ and the ‘‘excepted service,’’ often with passed, it is time for a comprehensive anal- sible for any safety violations in their facili- differing personnel rules applying to these ysis and update of the law to ensure that it ties. Because the AOC is charged with the re- two services. The legislative branch has no continues to reflect the commitment by the sponsibility for the supervision and control such classification system and hence, no di- lawmakers of this nation to democratic ac- of all services necessary for the protection chotomy. countability. and care of the Capitol and the Senate and Although the CAA mandates application to With this 102b Report, the Board of Direc- House Office Buildings, the AOC would be the legislative branch of certain VEOA pro- tors of the Office of Compliance urges the considered a multi-employer, under OSHA’s visions originally drafted for the executive leadership of both houses of Congress to seri- definition, and thereby accountable and re- branch, the Board notes the central distinc- ously consider the recommendations in- sponsible for any safety violations in its fa- tion made in the underlying statute: certain cluded in this report. The Board encourages cilities.11 The Board of Directors encourages veterans’ preference protections (regarding Congress to look at the recent activities in Congress to adopt OSHA’s policy to ensure hiring) applied only to executive branch em- the covered community to recognize the the uniform pattern of enforcement through- ployees in the ‘‘competitive’’ service, while need for the implementation of these rec- out the legislative branch. others (governing reductions in force and ommendations. In particular, the efforts The Board urges Congress to take a real- transfers) applied both to the ‘‘competitive’’ made by the Office of the General Counsel of istic look at the safety and health concerns and ‘‘excepted’’ service. For example, the the Office of Compliance and the Office of in the covered community. Much work has hiring practice in the executive branch in- the Architect of the Capitol to eliminate been done, and progress continues to be cludes a numeric rating and ranking process. safety and health hazards that exist in the made, to ensure that Congress provides a Such process includes a point-preference for covered community have been successful due safe and healthy environment for its employ- certain veterans. Because no such rating and to the collaborative nature of the approach ees and visitors. In order to ensure this con- ranking process exists in the legislative to the problem. However, certain safety tinued progress, there are certain mecha- branch, the application of the point-pref- issues and certain hazards may only be suc- nisms that must be in place for the General erence had to be adjusted to properly fit the cessfully addressed by the use of other mech- Counsel of the Office of Compliance to en- particular practices of the legislative anisms, such as specific retaliation protec- sure that safety and health risks are at a branch. tions for whistle blowers, preliminary in- minimum and are thoroughly and expedi- The extensive discussions with various junctive relief, investigative subpoenas, and tiously addressed. The Board encourages stakeholders across Congress and the legisla- the General Counsel’s ability to investigate Congress to allow the General Counsel to im- tive branch have raised these issues and have and prosecute OSH claims of retaliation. plement these tools to meet this goal. provided a forum in which to discuss how A fair workplace consists of fair treatment best to address these unsuited areas of the III. VETERANS’ RIGHTS for its applicants and employees who serve in regulations. The suggestions made and com- Veterans’ Employment Opportunities Act the military. The legislative branch attracts ments received by stakeholders have allowed Since the end of the Civil War, the United and employs many men and women who have the Board to engage in thoughtful delibera- States Government has granted veterans a collateral military responsibility. Congress tion and careful consideration of the par- certain degree of preference in federal em- has enacted laws which ensure that these in- ticular needs of the legislative branch. Ac- ployment, in recognition of their duty to dividuals receive the same treatment as cordingly, the Board has crafted proposed country, sacrifice, and exceptional capabili- their civilian counterparts. Those service regulations that it believes will fit the prac- ties and skills. Initially, these preferences men and women who make application for tices and procedures of the varying entities were provided through a series of statutes federal employment in the legislative branch in the covered community. and Executive Orders. In 1944, however, Con- and those individuals returning from active gress passed the first law that granted our Uniformed Services Employment and Re-em- duty must be assured, through appropriate service men and women preference in federal ployment Rights Act regulation, that their service in the military employment: the Veterans’ Preference Act of The Uniformed Services Employment and will not hinder them from serving in their 1944.12 The Veterans’ Preference Act provided Re-employment Rights Act (‘‘USERRA’’) country’s legislative branch of government. that veterans who are disabled or who served was enacted in December 1994, and the De- The Board also encourages the leadership in military campaigns during specified time partment of Labor submitted regulations for to increase Congress’s compliance with sec- periods are ‘‘preference eligible’’ veterans the executive branch in 2005. USERRA’s pro- tion 102(b)(3) of the CAA. Section 102(b)(3) re- and would be entitled to preference over non- visions ensure that entry and re-entry into quires that every House and Senate com- veterans (and over non-preference-eligible the civilian workforce are not hindered by mittee report accompanying a bill or joint veterans) in decisions involving selections participation in non-career military service. resolution that impacts terms and condi- and retention in reductions-in-force. USERRA accomplishes that purpose by pro- tions of employment or access to public serv- In 1998, Congress passed the Veterans Em- viding rights in two kinds of cases: discrimi- ices or accommodations must ‘‘describe the ployment Opportunities Act (‘‘VEOA’’),13 nation based on military service, and denial manner in which the provisions of the bill or which ‘‘strengthen[s] and broadens’’ 14 the of an employment benefit as a result of mili- joint resolution apply to the legislative rights and remedies available to military tary service. branch’’ or ‘‘in the case of a provision not veterans who are entitled to preferences in Currently, the Board is engaged in drafting applicable to the legislative branch, include federal employment. In particular, Congress proposed regulations for USERRA’s applica- a statement of the reasons the provision does clearly stated in the law itself that certain tion to the legislative branch. During the not apply.’’ Congress has made efforts to in- ‘‘rights and protections’’ of veterans’ pref- 110th Congress, the Board will present its clude such language in proposed bills, and erence law provisions for certain executive proposed regulations to stakeholders and en- the Board encourages its continued effort. branch employees, ‘‘shall apply’’ to certain gage in similar consultations as with the This Board, its executive appointees, and ‘‘covered employees’’ in the legislative proposed VEOA draft regulations. The Board the staff of the Office of Compliance are pre- branch.15 anticipates that this interactive and collabo- pared to work with the leadership, our over- Initially, the Board published an Advanced rative approach will allow the Board, as with sight committees, other interested Members, Notice of Proposed Rulemaking for VEOA the VEOA draft regulations, to ascertain the and instrumentalities in Congress and the regulations on February 28, 2000, and March concerns and particular demands of the leg- legislative branch to make these rec- 9, 2000. Upon consideration of the comments islative branch with respect to application of ommendations part of the Congressional Ac- received, the Board changed its approach and these regulations. countability Act during the 110th Congress. published a Notice of Proposed Rulemaking There is a need for both VEOA and Respectfully submitted, on December 6, 2001. Since that time, the USERRA regulations in the legislative SUSAN S. ROBFOGEL, Board has engaged in extensive discussions branch. Congress has seen fit to provide serv- Chair. with stakeholders to obtain input and sug- ice men and women certain protections in BARBARA L. CAMENS. gestions into the drafting of the regulations. federal civilian employment, and without ALAN V. FRIEDMAN.

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ROBERTA L. HOLZWARTH. 1998, and 2000 Section 102(b) Reports, the Act/Resources Conservation Recovery Act, BARBARA CHILDS WALLACE. Board has determined that the rights and Clean Air Act, and Comprehensive Environ- APPENDIX A protections against discrimination on this mental Response, Compensation and Liabil- basis should be applied to employing offices ity Act. In its 1996 Section 102(b) Report, the Employment and civil rights which still do not within the legislative branch. Board stated: apply to Congress or other legislative ‘‘It is unclear to what extent, if any, these branch instrumentalities Prohibition against discrimination on the basis of bankruptcy (11 U.S.C. § 525) provisions apply to entities in the Legisla- The statutes below, with the exception of tive Branch. Furthermore, even if applicable Section 508 of the Rehabilitation Act, were Section 525(a) provides that ‘‘a govern- or partly applicable, it is unclear whether all first identified by the Board in 1996 as not mental unit’’ may not deny employment to, and to what extent the Legislative Branch included among the laws which were applied terminate the employment of, or discrimi- has the type of employees and employing of- to Congress through the Congressional Ac- nate with respect to employment against, a fices that would be subject to these provi- countability Act of 1995. The absence of sec- person who is or has been a debtor under the sions. Consequently, the Board reserves judg- tion 508 of the Rehabilitation Act was first bankruptcy statutes. This provision cur- ment on whether or not these provisions identified in our 2001 Interim Report to Con- rently does not apply to the legislative should be made applicable to the Legislative gress. We here repeat the recommendations— branch. For the reasons stated in the 1996, Branch at this time.’’ made in our Reports of 1996, 1998, 2000, 2002, 1998 and 2000 Section 102(b) Reports, the Further, in the 1998 Report the Board con- and 2004, as well as those of the Interim 2001 Board recommends that the rights and pro- cluded that, while it remained unclear Report—that these statutes should also be tections against discrimination on this basis whether some or all of the environmental applied to Congress and the legislative should be applied to employing offices within statutes apply to the legislative branch, branch through the Act. the legislative branch. ‘‘[t]he Board recommends that Congress The 1998 amendments to section 508 of the Re- Prohibition against discharge from employ- should adopt legislation clarifying that the habilitation Act of 1973 (29 U.S.C. 794d) ment by reason of garnishment (15 U.S.C. employee protection provisions in the envi- § 1674(a)) In November 2001, the Board submitted an ronmental protection statutes apply to all Interim Section 102(b) Report to Congress re- Section 1674(a) prohibits discharge of any entities within the Legislative Branch.’’ garding the 1998 amendments to the Reha- employee because his or her earnings ‘‘have In the 2002 and 2004 Reports, the Board ex- bilitation Act of 1973 in which the Board been subject to garnishment for anyone in- plicitly analyzed these protections and rec- urged Congress to make those amendments debtedness.’’ This section is limited to pri- ommended that the employee protection pro- applicable to itself and the legislative vate employers, so it currently has no appli- visions of these acts be placed within the branch. The purpose of the 1998 amendments cation to the legislative branch. For the rea- CAA and applied to all covered employees, is to: ‘‘require each Federal agency to pro- sons set forth in the 1996, 1998 and 2000 Sec- including employees of the Government Ac- cure, maintain, and use electronic and infor- tion 102(b) Reports, the Board has deter- countability Office, Government Printing Of- mation technology that allows individuals mined that the rights and protections fice, and Library of Congress. The Board re- with disabilities the same access to tech- against discrimination on this basis should iterates those recommendations herein, in- nology as individuals without disabilities.’’ be applied to employing offices within the cluding its recommendation to eliminate the [Senate Report on S. 1579, March 1998] legislative branch. separation of powers conflict inherent in en- forcing these statutes, and urges Congress to As of this time, some five years later, soft- APPENDIX B include such amendments to the Act. ware and other equipment which is ‘‘508 com- Regulatory enforcement provisions for laws CONTACT INFORMATION pliant’’ is readily available and in use by which are already applicable to the legisla- some employing offices. The Board encour- tive branch under the act Office of Compliance, Room LA 200, John ages consistent use of these technologies so Adams Building, 110 Second Street, SE, Record-keeping and notice-posting require- that individuals with impairments may have Washington, DC 20540–1999, t/ 202–724–9250, ments of the private sector CAA laws the same opportunities to access materials tdd/ 202–426–1912, f/ 202–426–1913. Recorded In- as others. As mentioned in its 1998, 2000, 2002, and 2004 formation Line/ 202–724–9260. The Board reiterates its recommendation Reports, experience in the administration of www.compliance.gov. the Act leads the Board to recommend that that Congress and the legislative branch, in- ENDNOTES all currently inapplicable record-keeping and cluding the General Accounting Office, Gov- 1 Subsections (b)(11) and (b)(12) refer to ernment Printing Office, and Library of Con- notice-posting provisions be made applicable under the CAA. For the reasons set forth in ‘‘competitive service,’’ merit systems prin- gress, be required to comply with the man- ciples, and other specific personnel matters dates of section 508. its prior reports of 1998, 2002, and 2004, the Board recommends that the Office be grant- within the.... Titles II and III of the Civil Rights Act of 1964 2 ed the authority to require that records be S. 3676, 109th Cong. (2006). (42 U.S.C. §§ 2000a to 2000a–6, 2000b to 3 See 5 U.S.C. 1201 et seq. kept and notices posted in the same manner 2000b–3) 4 See 5 U.S.C. § 7118(a)(1). as required by the agencies that enforce the 5 These titles prohibit discrimination or seg- See 29 U.S.C. § 660(c)(2). See also Federal provisions of law made applicable by the Mine Safety and Health Act, 30 U.S.C. § 815 regation on the basis of race, color, religion, CAA in the private sector. or national origin regarding the goods, serv- which grants the Secretary of Labor the au- Other enforcement authorities exercised by the ices, facilities, privileges, advantages, and thority to prosecute a discrimination claim agencies that implement the CAA laws for accommodations of ‘‘any place of public ac- before the Federal Mine Safety and Health the private sector commodation’’ as defined in the Act. Al- Review Commission. 6 though the CAA incorporated the protec- To further the goal of parity, the Board These procedures do not apply to federal tions of titles II and III of the ADA, which also recommends that Congress grant the Of- sector equal employment opportunity. 7 prohibit discrimination on the basis of dis- fice the remaining enforcement authorities 29 U.S.C. § 158(a)(4); § 160(b). 8 29 U.S.C. § 657. ability with respect to access to public serv- that executive branch agencies utilize to ad- 9 See ‘‘Testimony of David M. Walker, ices and accommodations,’’ 16 it does not ex- minister and enforce the provisions of law Comptroller General of the United States Be- tend protection against discrimination based made applicable by the CAA in the private fore the Subcommittee on the Legislative upon race, color, religion, or national origin sector. Implementing agencies in the execu- Branch, Committee on Appropriations, U.S. with respect to access to public services and tive branch have investigatory and prosecu- Senate’’ (May 17, 2005), p.9. accommodations. For the reasons set forth torial authorities with respect to all of the 10 OSHA Directive CPL 2–0.124, December in the 1996, 1998 and 2000 Section 102(b) Re- private sector CAA laws, except the WARN Act. Based on the experience and expertise of 10, 1999. ports, the Board has determined that the 11 the Office, granting these same enforcement Id, Sections X(c) and X(e). rights and protections afforded by titles II 12 authorities would make the CAA more com- Act of June 27, 1944, ch. 287, 58 Stat. 387, and III of the Civil Rights Act of 1964 against amended and codified in various provisions discrimination with respect to places of pub- prehensive and effective. By taking these steps to live under full agency enforcement of Title 5 of the United States Code. lic accommodation should be applied to em- 13 Pub. L. 105–339, 112 Stat. 3186 (October 31, authority, the Congress will strengthen the ploying offices within the legislative branch. 1998). bond that the CAA created between the leg- Prohibition against discrimination on the 14 Sen. Rept. 105–340, 105 Cong., 2d Sess. at islator and the legislated. basis of jury duty (28 U.S.C. § 1875) 19 (Sept. 21, 1998). APPENDIX C 15 Section 1875 provides that no employer VEOA 4(c)(1) and (5). shall discharge, threaten to discharge, in- Employee protection provisions of environmental EXECUTIVE COMMUNICATIONS, statutes timidate, or coerce any permanent employee ETC. by reason of such employee’s jury service, or Since its 1996 Report, the Board has ad- the attendance or scheduled attendance in dressed the inclusion of employee protection Under clause 8 of rule XII, executive connection with such service, in any court of provisions of a number of statutory schemes: communications were taken from the the United States. This section currently the Toxic Substances Control Act, Clean Speaker’s table and referred as follows: does not cover legislative branch employ- Water Act, Safe Drinking Water Act, Energy 87. A letter from the Chief, Regulations ment. For the reasons set forth in the 1996, Reorganization Act, Solid Waste Disposal and Administrative Law, USCG, Department

VerDate Aug 31 2005 01:39 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00085 Fmt 7634 Sfmt 0634 E:\RECORD07\H10JA7.REC H10JA7 hmoore on PRODPC68 with CONG-REC-ONLINE H340 CONGRESSIONAL RECORD — HOUSE January 10, 2007 of Homeland Security, transmitting the De- partment’s final rule — Safety Zone: Fal- partment’s final rule — Safety Zone; partment’s final rule — Safety Zone; Live mouth Independence Day Fireworks, Vine- Kanawha River Mile 58 to 59.2, Charleston, Fire Gun Exercise, Lake Erie [CGD09-06-010] yard Sound, Falmouth, Massachusetts WV [COTP Ohio Valley 06-030] (RIN: 1625- (RIN: 1625-AA00) received December 21, 2006, [CGD01-06-044] (RIN: 1625-AA00) received De- AA00) received December 21, 2006, pursuant pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- cember 21, 2006, pursuant to 5 U.S.C. to 5 U.S.C. 801(a)(1)(A); to the Committee on mittee on Transportation and Infrastruc- 801(a)(1)(A); to the Committee on Transpor- Transportation and Infrastructure. ture. tation and Infrastructure. 106. A letter from the Chief, Regulations 88. A letter from the Chief, Regulations 97. A letter from the Chief, Regulations and Administrative Law, USCG, Department and Administrative Law, USCG, Department and Administrative Law, USCG, Department of Homeland Security, transmitting the De- of Homeland Security, transmitting the De- of Homeland Security, transmitting the De- partment’s final rule — Safety Zone; Sabine- partment’s final rule — Safety Zone; Live partment’s final rule — Safety Zone: Neches Canal, Sabine River, Orange, TX Fire Gun Exercise, Lake Michigan [CGD09- Provincetown Fourth of July Fireworks, [COTP Port Arthur-13-006] (RIN: 1625-AA00) 06-011] (RIN: 1625-AA00) received December Provincetown Harbor, Provincetown, Massa- received December 21, 2006, pursuant to 5 21, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to chusetts [CGD01-06-043] (RIN: 1625-AA00) re- U.S.C. 801(a)(1)(A); to the Committee on the Committee on Transportation and Infra- ceived December 21, 2006, pursuant to 5 Transportation and Infrastructure. structure. U.S.C. 801(a)(1)(A); to the Committee on 107. A letter from the Chief, Regulations 89. A letter from the Chief, Regulations Transportation and Infrastructure. and Administrative Law, USCG, Department and Administrative Law, USCG, Department 98. A letter from the Chief, Regulations of Homeland Security, transmitting the De- of Homeland Security, transmitting the De- and Administrative Law, USCG, Department partment’s final rule — Safety Zone; Gulf- partment’s final rule — Safety and Security of Homeland Security, transmitting the De- port Commercial Small Boat Harbor, Gulf- Zones; LPG/C HAVIS, Casco Bay and Port- partment’s final rule — Safety Zone: Oyster port, MS [COTP Mobile-05-042] (RIN: 1625- land Harbor, Sector Northern New England, Harbors Club 4th of July Festival, Tim’s AA00) received December 21, 2006, pursuant Captain of the Port Zone [CGD01-06-002] Cove, North Bay, Osterville, Massachusetts to 5 U.S.C. 801(a)(1)(A); to the Committee on (RIN: 1625-AA00) received December 21, 2006, [CGD01-06-040] (RIN: 1625-AA00) received De- Transportation and Infrastructure. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- cember 21, 2006, pursuant to 5 U.S.C. 108. A letter from the Chief, Regulations mittee on Transportation and Infrastruc- 801(a)(1)(A); to the Committee on Transpor- and Administrative Law, USCG, Department ture. tation and Infrastructure. of Homeland Security, transmitting the De- 90. A letter from the Chief, Regulations 99. A letter from the Chief, Regulations partment’s final rule — Safety Zone; San and Administrative Law, USCG, Department and Administrative Law, USCG, Department Francisco Bay, CA, Alviso Slough [COTP San of Homeland Security, transmitting the De- of Homeland Security, transmitting the De- Francisco Bay 06-011] (RIN: 1625-AA00) re- partment’s final rule — Safety Zone; San partment’s final rule — Safety Zone: Salem ceived December 21, 2006, pursuant to 5 Francisco Bay and Carquinez Strait, Cali- Celebrates the 4th Fireworks, Salem, MA U.S.C. 801(a)(1)(A); to the Committee on fornia [COTP San Francisco Bay 06-014] [CGD01-06-036] (RIN: 1625-AA00) received De- Transportation and Infrastructure. 109. A letter from the Chief, Regulations (RIN: 1625-AA00) received December 21, 2006, cember 21, 2006, pursuant to 5 U.S.C. and Administrative Law, USCG, Department pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 801(a)(1)(A); to the Committee on Transpor- of Homeland Security, transmitting the De- mittee on Transportation and Infrastruc- tation and Infrastructure. partment’s final rule — Safety Zone Regula- ture. 100. A letter from the Chief, Regulations tions; Tampa Bay, FL [COTP St. Petersburg 91. A letter from the Chief, Regulations and Administrative Law, USCG, Department 06-033] (RIN: 1625-AA00) received December and Administrative Law, USCG, Department of Homeland Security, transmitting the De- 21, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to of Homeland Security, transmitting the De- partment’s final rule — Safety Zone: City of the Committee on Transportation and Infra- partment’s final rule — Safety Zone; Coast Lynn Fourth of July Fireworks Display, structure. Guard Festival Water Ski Show, Grand Nahant Bay, MA [CGD1-06-032] (RIN: 1625- 110. A letter from the Chief, Regulations Haven, Michigan [CGD09-06-131] (RIN: 1625- AA00) received December 21, 2006, pursuant and Administrative Law, USCG, Department AA00) received December 21, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on of Homeland Security, transmitting the De- to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and Infrastructure. partment’s final rule — Safety Zone; Indian Transportation and Infrastructure. 101. A letter from the Chief, Regulations River, Cocoa, FL [COTP Jacksonville 06-031] 92. A letter from the Chief, Regulations and Administrative Law, USCG, Department (RIN: 1625-AA00) received December 21, 2006, and Administrative Law, USCG, Department of Homeland Security, transmitting the De- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- of Homeland Security, transmitting the De- partment’s final rule — Safety Zone: mittee on Transportation and Infrastruc- partment’s final rule — Safety Zone: Point Gloucester Fourth of July Fireworks, ture. O’Woods Fire Company Fireworks, Great Glouchester, Massachusetts [CGD01-06-072] 111. A letter from the Chief, Regulations South Bay, Point O’Woods, NY [CGD01-06- (RIN: 1625-AA00) received December 21, 2006, and Administrative Law, USCG, Department 081] (RIN: 1625-AA00) received December 21, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- of Homeland Security, transmitting the De- 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the mittee on Transportation and Infrastruc- partment’s final rule — Safety Zone; Apra Committee on Transportation and Infra- ture. Harbor and Adjacent Waters, GU [COTP structure. 102. A letter from the Chief, Regulations Guam 06-006] (RIN: 1625-AA00) received De- 93. A letter from the Chief, Regulations and Administrative Law, USCG, Department cember 21, 2006, pursuant to 5 U.S.C. and Administrative Law, USCG, Department of Homeland Security, transmitting the De- 801(a)(1)(A); to the Committee on Transpor- of Homeland Security, transmitting the De- partment’s final rule — Safety Zone: Town of tation and Infrastructure. partment’s final rule — Safety Zone: Marion Weymouth Fourth of July Celebration Fire- 112. A letter from the Chief, Regulations Fourth of July Fireworks, Sippican Harbor, works Display, Weymouth, MA [CGD1-06-012] and Administrative Law, USCG, Department Marion, Massachusetts [CGD01-06-038] (RIN: (RIN: 1625-AA00) received December 21, 2006, of Homeland Security, transmitting the De- 1625-AA00) received December 21, 2006, pursu- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- partment’s final rule — Safety Zone; Brook- ant to 5 U.S.C. 801(a)(1)(A); to the Committee mittee on Transportation and Infrastruc- lyn Basin, Oakland, California [COTP San on Transportation and Infrastructure. ture. Francisco Bay 06-005] (RIN: 1625-AA00) re- 94. A letter from the Chief, Regulations 103. A letter from the Chief, Regulations ceived December 21, 2006, pursuant to 5 and Administrative Law, USCG, Department and Administrative Law, USCG, Department U.S.C. 801(a)(1)(A); to the Committee on of Homeland Security, transmitting the De- of Homeland Security, transmitting the De- Transportation and Infrastructure. partment’s final rule — Safety Zone: partment’s final rule — Safety Zone: Beverly 113. A letter from the Chief, Regulations Barnstable Fireworks Display, Lewis Bay, Farms — Prides Crossing Fourth of July and Administrative Law, USCG, Department Hyannis, Massachusetts [CGD01-06-046] (RIN: Celebration Fireworks, Beverly Farms, Mas- of Homeland Security, transmitting the De- 1625-AA00) received December 21, 2006, pursu- sachusetts [CGD01-06-086] (RIN: 1625-AA00) partment’s final rule — Safety Zone Regula- ant to 5 U.S.C. 801(a)(1)(A); to the Committee received December 21, 2006, pursuant to 5 tions, Obstuction to Navigation, Harbor Is- on Transportation and Infrastructure. U.S.C. 801(a)(1)(A); to the Committee on land Reach, Seattle [CGD13-06-005] (RIN: 95. A letter from the Chief, Regulations Transportation and Infrastructure. 1625-AA00) received December 21, 2006, pursu- and Administrative Law, USCG, Department 104. A letter from the Chief, Regulations ant to 5 U.S.C. 801(a)(1)(A); to the Committee of Homeland Security, transmitting the De- and Administrative Law, USCG, Department on Transportation and Infrastructure. partment’s final rule — Safety Zone: Nan- of Homeland Security, transmitting the De- 114. A letter from the Chief, Regulations tucket Independence Day Celebration, Nan- partment’s final rule — Safety Zone; Ten- and Administrative Law, USCG, Department tucket Sound in the vicinity of Jetties nessee River, Mile Markers 468.5 to 470.0, of Homeland Security, transmitting the De- Beach, Nantucket, Massachusetts [CGD01-06- Chattanooga, TN [COTP Ohio Valley 06-032] partment’s final rule — Safety Zone Regula- 053] (RIN: 1625-AA00) received December 21, (RIN: 1625-AA00) received December 21, 2006, tions; Tampa Bay, FL [COTP St. Petersburg 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 06-024] (RIN: 1625-AA00) received December Committee on Transportation and Infra- mittee on Transportation and Infrastruc- 21, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to structure. ture. the Committee on Transportation and Infra- 96. A letter from the Chief, Regulations 105. A letter from the Chief, Regulations structure. and Administrative Law, USCG, Department and Administrative Law, USCG, Department 115. A letter from the Chief, Regulations of Homeland Security, transmitting the De- of Homeland Security, transmitting the De- and Administrative Law, USCG, Department

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of Homeland Security, transmitting the De- partment’s final rule — Safety Zone; St. Pe- MCCOTTER, Mr. GORDON, Mrs. BONO, partment’s final rule — Safety Zone; Ft. tersburg [COTP St. Petersburg 06-032] (RIN: and Mr. WEXLER): Meyers Beach, FL [COTP St. Petersburg 06- 1625-AA00) received December 21, 2006, pursu- H.R. 368. A bill to amend title II of the So- 047] (RIN: 1625-AA00) received December 21, ant to 5 U.S.C. 801(a)(1)(A); to the Committee cial Security Act to allow workers who at- 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the on Transportation and Infrastructure. tain age 65 after 1981 and before 1992 to Committee on Transportation and Infra- 126. A letter from the Chief, Regulations choose either lump sum payments over four structure. and Administrative Law, USCG, Department years totalling $5,000 or an improved benefit 116. A letter from the Chief, Regulations of Homeland Security, transmitting the De- computation formula under a new 10-year and Administrative Law, USCG, Department partment’s final rule — Safety Zone; Live- rule governing the transition to the changes of Homeland Security, transmitting the De- Fire Gun Exercise, Lake Superior [CGD09-06- in benefit computation rules enacted in the partment’s final rule — Safety Zone; Cuya- 016] (RIN: 1625-AA00) received December 21, Social Security Amendments of 1977, and for hoga River, Cleveland, Ohio. West Third 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the other purposes; to the Committee on Ways Street Bridge installment process [CGD09-06- Committee on Transportation and Infra- and Means. 014] (RIN: 1625-AA00) received December 21, structure. By Mr. PRICE of North Carolina (for 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the 127. A letter from the Chair of the Board of himself, Mr. SPRATT, Mr. WAXMAN, Committee on Transportation and Infra- Directors, Office of Compliance, transmit- Ms. SCHAKOWSKY, Mr. SHAYS, Mr. structure. ting the biennial report on the applicability CONYERS, Mr. SNYDER, Mr. COOPER, 117. A letter from the Chief, Regulations to the legislative branch of federal law relat- Mr. WEXLER, Mr. BURTON of Indiana, Mr. BLUMENAUER, Ms. MCCOLLUM of and Administrative Law, USCG, Department ing to terms and conditions of employment Minnesota, Mr. ETHERIDGE, Mr. MIL- of Homeland Security, transmitting the De- and access to public services and accom- LER of North Carolina, Mr. FARR, Mr. partment’s final rule — Safety Zone; Gulf of modations, pursuant to section 102(b)(2) of VAN HOLLEN, Mr. DEFAZIO, Mr. Mexico, South of Wiggins Pass, FL [COTP the Congressional Accountability Act of 1995, HONDA, Ms. JACKSON-LEE of Texas, St. Petersburg 06-014] (RIN: 1625-AA00) re- pursuant to 2 U.S.C. 1302; jointly to the Com- ceived December 21, 2006, pursuant to 5 and Mr. HOLT): mittees on House Administration and Edu- H.R. 369. A bill to require accountability U.S.C. 801(a)(1)(A); to the Committee on cation and Labor. for personnel performing private security Transportation and Infrastructure. 118. A letter from the Chief, Regulations f functions under Federal contracts, and for other purposes; to the Committee on Armed and Administrative Law, USCG, Department PUBLIC BILLS AND RESOLUTIONS Services, and in addition to the Committee of Homeland Security, transmitting the De- on the Judiciary, for a period to be subse- partment’s final rule — Safety Zone; Ft. Under clause 2 of rule XII, public quently determined by the Speaker, in each Meyers Beach, FL [COTP St. Petersburg 06- bills and resolutions were introduced case for consideration of such provisions as 017] (RIN: 1625-AA00) received December 21, and severally referred, as follows: fall within the jurisdiction of the committee 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the By Mr. HINOJOSA (for himself, Mr. concerned. Committee on Transportation and Infra- ORTIZ, Mr. RODRIGUEZ, Mr. REYES, By Mr. DAVIS of Kentucky (for him- structure. and Mr. CUELLAR): self, Mr. RAHALL, Mr. WHITFIELD, Mr. 119. A letter from the Chief, Regulations H.R. 361. A bill to amend the Lower Rio PICKERING, Mr. ROGERS of Kentucky, and Administrative Law, USCG, Department Grande Valley Water Resources Conserva- Mr. DUNCAN, Mr. LAHOOD, Mr. of Homeland Security, transmitting the De- tion and Improvement Act of 2000 to author- BOUSTANY, Mrs. CUBIN, Mr. BACHUS, partment’s final rule — Safety Zone; San ize additional projects and activities under Mr. EVERETT, Mr. ROGERS of Ala- Francisco Bay and Carquinez Stait, Cali- that Act, and for other purposes; to the Com- bama, Mr. BOUCHER, Mr. LINCOLN fornia [COTP San Francisco Bay 06-004] mittee on Natural Resources. DAVIS of Tennessee, Mr. SHIMKUS, Mr. (RIN: 1625-AA00) received December 21, 2006, By Mr. GORDON (for himself and Mr. CANNON, Mrs. DRAKE, Mr. LEWIS of pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- HALL of Texas): Kentucky, Mr. REHBERG, Mr. mittee on Transportation and Infrastruc- H.R. 362. A bill to authorize science schol- HASTERT, and Mr. YARMUTH): ture. arships for educating mathematics and H.R. 370. A bill to promote coal-to-liquid 120. A letter from the Chief, Regulations fuel activities; to the Committee on Energy and Administrative Law, USCG, Department science teachers, and for other purposes; to the Committee on Science and Technology. and Commerce, and in addition to the Com- of Homeland Security, transmitting the De- mittees on Ways and Means, Science and partment’s final rule — Safety Zone; Apra By Mr. GORDON: H.R. 363. A bill to authorize appropriations Technology, and Armed Services, for a pe- Harbor, GU [COTP Guam 06-001] (RIN: 1625- riod to be subsequently determined by the AA00) received December 21, 2006, pursuant for basic research and research infrastruc- ture in science and engineering, and for sup- Speaker, in each case for consideration of to 5 U.S.C. 801(a)(1)(A); to the Committee on such provisions as fall within the jurisdic- Transportation and Infrastructure. port of graduate fellowships, and for other purposes; to the Committee on Science and tion of the committee concerned. 121. A letter from the Chief, Regulations By Mr. BERMAN (for himself, Mr. CAN- and Administrative Law, USCG, Department Technology. By Mr. GORDON: NON, Mr. PETERSON of Minnesota, Mr. of Homeland Security, transmitting the De- RADANOVICH, Mr. COSTA, Mr. PUTNAM, partment’s final rule — Safety Zone; Tampa H.R. 364. A bill to provide for the establish- ment of the Advanced Research Projects Mr. BOYD of Florida, Mr. LAHOOD, Bay, FL [COTP St. Petersburg 06-009] (RIN: Mr. THOMPSON of California, Mr. REY- 1625-AA00) received December 21, 2006, pursu- Agency-Energy; to the Committee on Science and Technology. NOLDS, Mr. BACA, Mr. WALSH of New ant to 5 U.S.C. 801(a)(1)(A); to the Committee York, Ms. SOLIS, Mr. KUHL of New By Mr. GORDON (for himself, Mr. HALL on Transportation and Infrastructure. York, Mr. BISHOP of Georgia, Mr. of Texas, Mr. WU, and Mr. CALVERT): 122. A letter from the Chief, Regulations NUNES, Mr. SALAZAR, Mr. LINCOLN and Administrative Law, USCG, Department H.R. 365. A bill to provide for a research program for remediation of closed meth- DIAZ-BALART of Florida, Mr. LARSEN of Homeland Security, transmitting the De- of Washington, Mr. GILCHREST, Mr. partment’s final rule — Safety Zone; Tampa amphetamine production laboratories, and for other purposes; to the Committee on FARR, and Mr. MCHUGH): Bay, FL [COTP St. Petersburg 06-010] (RIN: H.R. 371. A bill to improve agricultural job Science and Technology. 1625-AA00) received December 21, 2006, pursu- opportunities, benefits, and security for ant to 5 U.S.C. 801(a)(1)(A); to the Committee By Mr. SULLIVAN (for himself, Mr. aliens in the United States, and for other on Transportation and Infrastructure. LUCAS, Mr. COLE of Oklahoma, Ms. purposes; to the Committee on the Judici- 123. A letter from the Chief, Regulations FALLIN, and Mr. BOREN): ary. and Administrative Law, USCG, Department H.R. 366. A bill to designate the Depart- By Mr. ALTMIRE: of Homeland Security, transmitting the De- ment of Veterans Affairs Outpatient Clinic H.R. 372. A bill to direct the Federal Trade partment’s final rule — Safety Zone; St. Pe- in Tulsa, Oklahoma, as the ‘‘Ernest Childers Commission to revise the regulations regard- tersburg [COTP St. Petersburg 06-028] (RIN: Department of Veterans Affairs Outpatient ing the Do-not-call registry to prohibit po- 1625-AA00) received December 21, 2006, pursu- Clinic‘‘; to the Committee on Veterans’ Af- litically-oriented recorded message tele- ant to 5 U.S.C. 801(a)(1)(A); to the Committee fairs. phone calls to telephone numbers listed on on Transportation and Infrastructure. By Mr. REICHERT (for himself and Mr. that registry; to the Committee on Energy 124. A letter from the Chief, Regulations KIRK): and Commerce. and Administrative Law, USCG, Department H.R. 367. A bill to require the Attorney By Mrs. BLACKBURN (for herself, Mr. of Homeland Security, transmitting the De- General to develop a national strategy to GINGREY, Mr. FLAKE, Mr. AKIN, Mr. partment’s final rule — Safety Zone; St. Pe- eliminate the illegal operations of the top GARRETT of New Jersey, Ms. FOXX, tersburg [COTP St. Petersburg 06-013] (RIN: three international drug gangs that present Mr. MCHENRY, Mr. FEENEY, Mr. 1625-AA00) received December 21, 2006, pursu- the greatest threat to law and order in the WALBERG, Mr. PEARCE, Mr. CANTOR, ant to 5 U.S.C. 801(a)(1)(A); to the Committee United States; to the Committee on the Ju- Mr. WESTMORELAND, Mr. SALI, Mr. on Transportation and Infrastructure. diciary. HENSARLING, Mrs. MUSGRAVE, Mr. 125. A letter from the Chief, Regulations By Mr. HALL of Texas (for himself, Mr. CHABOT, and Mr. HERGER): and Administrative Law, USCG, Department GILLMOR, Mr. SCHIFF, Mr. PAUL, Mrs. H.R. 373. A bill to make 1 percent across- of Homeland Security, transmitting the De- MALONEY of New York, Mr. the-board rescissions in non-defense, non-

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homeland-security discretionary spending Mr. HASTINGS of Washington, and Ms. By Mr. MATHESON (for himself, Ms. for fiscal year 2007; to the Committee on Ap- GINNY BROWN-WAITE of Florida): GINNY BROWN-WAITE of Florida, Mr. propriations. H.R. 380. A bill to amend the Federal Food, FRANK of Massachusetts, Mr. DAVIS By Mrs. BLACKBURN (for herself, Mr. Drug, and Cosmetic Act with respect to the of Kentucky, Ms. WATERS, and Mr. CANTOR, Mr. WESTMORELAND, Mr. importation of prescription drugs, and for GARY G. MILLER of California): SALI, Mr. FLAKE, Mr. AKIN, Mr. other purposes; to the Committee on Energy H.R. 391. A bill to authorize the Secretary HENSARLING, Mrs. MUSGRAVE, Mr. and Commerce. of Housing and Urban Development to con- CHABOT, Mr. HERGER, and Ms. FOXX): By Mr. GILLMOR (for himself, Mr. tinue to insure, and to enter into commit- H.R. 374. A bill to make 2 percent across- PAUL, and Mr. MCCOTTER): ments to insure, home equity conversion the-board rescissions in non-defense, non- H.R. 381. A bill to amend title II of the mortgages under section 255 of the National homeland-security discretionary spending Higher Education Act of 1965 to increase Housing Act; to the Committee on Financial for fiscal year 2007; to the Committee on Ap- teacher familiarity with the educational Services. propriations. needs of gifted and talented students, and for By Ms. NORTON (for herself, Ms. By Mrs. JO ANN DAVIS of Virginia: other purposes; to the Committee on Edu- BORDALLO, Mrs. CHRISTENSEN, Mr. H.R. 375. A bill to declare, under the au- cation and Labor. FALEOMAVAEGA, Mr. FORTUN˜ O, Mr. thority of Congress under Article I, section 8 By Mr. GILLMOR: FRANK of Massachusetts, Mr. CASTLE, of the Constitution to ‘‘provide and maintain H.R. 382. A bill to amend the Federal De- and Mr. GUTIERREZ): a Navy‘‘, a national policy for the naval posit Insurance Act with respect to munic- H.R. 392. A bill to provide for a circulating force structure required in order to ’provide ipal deposits; to the Committee on Financial quarter dollar coin program to honor the for the common defense’ of the United States Services. District of Columbia, the Commonwealth of throughout the 21st century; to the Com- By Mr. GOODE: Puerto Rico, Guam, American Samoa, the mittee on Armed Services. H.R. 383. A bill to amend the Small Busi- United States Virgin Islands, and the Com- By Mr. BLUNT: ness Act to revise the definition of a monwealth of the Northern Mariana Islands, H.R. 376. A bill to authorize the Secretary HUBZone with respect to counties that are and for other purposes; to the Committee on of the Interior to conduct a special resource highly rural but adjacent to urban areas; to Financial Services. study to determine the suitability and feasi- the Committee on Small Business. By Mr. RANGEL: bility of including the battlefields and re- By Mr. GOODE: H.R. 393. A bill to require all persons in the lated sites of the First and Second Battles of H.R. 384. A bill to include Nelson County, United States between the ages of 18 and 42 Newtonia, Missouri, during the Civil War as Virginia, in the Appalachian region for pur- to perform national service, either as a part of Wilson’s Creek National Battlefield poses of the programs of the Appalachian Re- member of the uniformed services or in civil- or designating the battlefields and related gional Commission; to the Committee on ian service in furtherance of the national de- sites as a separate unit of the National Park Transportation and Infrastructure. fense and homeland security, to authorize System, and for other purposes; to the Com- By Mr. GOODE: the induction of persons in the uniformed mittee on Natural Resources. H.R. 385. A bill to amend title II of the So- services during wartime to meet end- By Mr. BURGESS: cial Security Act to eliminate reconsider- strength requirements of the uniformed serv- H.R. 377. A bill to amend the Internal Rev- ation as an intervening step between initial ices, to amend the Internal Revenue Code of enue Code of 1986 to increase the dollar limi- benefit entitlement decisions and subsequent 1986 to make permanent the favorable treat- tation on employer-provided group term life hearings on the record on such decisions; to ment afforded combat pay under the earned insurance that can be excluded from the the Committee on Ways and Means. income tax credit, and for other purposes; to gross income of the employee; to the Com- By Mr. HASTINGS of Washington: the Committee on Armed Services, and in mittee on Ways and Means. H.R. 386. A bill to authorize the Secretary addition to the Committee on Ways and By Mr. CONYERS: of the Interior to convey certain buildings Means, for a period to be subsequently deter- H.R. 378. A bill to direct the Secretary of and lands of the Yakima Project, Wash- mined by the Speaker, in each case for con- Labor to issue an occupational safety and ington, to the Yakima-Tieton Irrigation Dis- sideration of such provisions as fall within health standard to reduce injuries to pa- trict; to the Committee on Natural Re- the jurisdiction of the committee concerned. tients, direct-care registered nurses, and sources. By Ms. ROS-LEHTINEN (for herself, other health care providers by establishing a By Mr. KANJORSKI: Mr. SHERMAN, Mr. WILSON of South safe patient handling standard; to the Com- H.R. 387. A bill to authorize certain States Carolina, Mr. CROWLEY, Mr. CHABOT, mittee on Education and Labor, and in addi- to prohibit the importation of solid waste and Mr. ENGEL): tion to the Committee on Energy and Com- from other States, and for other purposes; to H.R. 394. A bill to provide for payment of merce, for a period to be subsequently deter- the Committee on Energy and Commerce. certain claims against the Government of mined by the Speaker, in each case for con- By Mr. KILDEE (for himself and Mr. Iran; to the Committee on the Judiciary, and sideration of such provisions as fall within JONES of North Carolina): in addition to the Committee on Foreign Af- the jurisdiction of the committee concerned. H.R. 388. A bill to prohibit the importation fairs, for a period to be subsequently deter- By Mrs. BLACKBURN (for herself, Mr. of motor vehicles of the People’s Republic of mined by the Speaker, in each case for con- CANTOR, Mr. WESTMORELAND, Mr. China until the tariff rates that China im- sideration of such provisions as fall within SALI, Mr. FLAKE, Mr. AKIN, Mr. poses on motor vehicles of the United States the jurisdiction of the committee concerned. HENSARLING, Mrs. MUSGRAVE, Mr. are equal to the rates of duty applicable to By Mr. SALAZAR: CHABOT, Mr. HERGER, and Ms. FOXX): motor vehicles of the People’s Republic of H.R. 395. A bill to amend the Clean Air Act H.R. 379. A bill to make 5 percent across- China under the Harmonized Tariff Schedule to require the Secretary of Energy to provide the-board rescissions in non-defense, non- of the United States; to the Committee on grants to eligible entities to carry out re- homeland-security discretionary spending Ways and Means. search, development, and demonstration for fiscal year 2007; to the Committee on Ap- By Mr. KUHL of New York (for himself projects of cellulosic ethanol and construct propriations. and Mr. EHLERS): infrastructure that enables retail gas sta- By Mr. EMANUEL (for himself, Mrs. H.R. 389. A bill to amend the National Dam tions to dispense cellulosic ethanol for vehi- EMERSON, Mr. SIMPSON, Mr. KILDEE, Safety Program Act to establish a program cle fuel to reduce the consumption of petro- Mr. TAYLOR, Ms. CARSON, Mr. to provide grant assistance to States for the leum-based fuel; to the Committee on En- WEINER, Mr. LARSEN of Washington, rehabilitation and repair of deficient dams; ergy and Commerce, and in addition to the Mr. BERRY, Ms. DELAURO, Mr. COSTA, to the Committee on Transportation and In- Committee on Science and Technology, for a Ms. MCCOLLUM of Minnesota, Mr. frastructure. period to be subsequently determined by the MARSHALL, Mr. WAMP, Mr. DEFAZIO, By Mr. LANTOS (for himself, Mr. Speaker, in each case for consideration of Mr. RAMSTAD, Mr. RUPPERSBERGER, CUMMINGS, Mr. TOM DAVIS of Vir- such provisions as fall within the jurisdic- Mrs. LOWEY, Mr. ISRAEL, Mr. MCNUL- ginia, Mr. FATTAH, Mr. GUTIERREZ, tion of the committee concerned. TY, Mr. COOPER, Mr. BURTON of Indi- Mr. MCDERMOTT, Mr. BRADY of Penn- By Mr. SAXTON: ana, Mr. COSTELLO, Mr. MURTHA, Mr. sylvania, Mr. DAVIS of Alabama, Mr. H.R. 396. A bill to amend the Internal Rev- GUTIERREZ, Mr. CUMMINGS, Mr. OBER- MORAN of Virginia, Mr. ACKERMAN, enue Code of 1986 to repeal the required be- STAR, Mr. MOORE of Kansas, Mr. GENE Ms. EDDIE BERNICE JOHNSON of Texas, ginning date for distributions from indi- GREEN of Texas, Mr. HOEKSTRA, Mr. Mr. HASTINGS of Florida, Mr. COHEN, vidual retirement plans and for distributions FRANK of Massachusetts, Mrs. Mr. CONYERS, Mr. UDALL of Colorado, of elective deferrals under qualified cash or MUSGRAVE, Mr. HINCHEY, Ms. and Ms. BORDALLO): deferred arrangements; to the Committee on SCHAKOWSKY, Mr. HASTINGS of Flor- H.R. 390. A bill to require the establish- Ways and Means. ida, Mr. BISHOP of New York, Mr. ment of a national database in the National By Mr. SAXTON: SHAYS, Mr. KANJORSKI, Mr. TIERNEY, Archives to preserve records of servitude, H.R. 397. A bill to amend the Internal Rev- Mr. LATOURETTE, Mr. CARNAHAN, Mr. emancipation, and post-Civil War recon- enue Code of 1986 to allow individuals to CLEAVER, Mr. PLATTS, Mr. VAN struction and to provide grants to State and defer recognition of reinvested capital gains HOLLEN, Mr. CHANDLER, Mr. WYNN, local entities to establish similar local data- distributions from regulated investment Mr. HOLDEN, Mr. ACKERMAN, Mr. LI- bases; to the Committee on Oversight and companies; to the Committee on Ways and PINSKI, Mr. MCGOVERN, Mr. PASTOR, Government Reform. Means.

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By Ms. SOLIS: ‘‘God Father of Soul’’, should be recognized COURTNEY, Ms. ROS-LEHTINEN, Mrs. H.R. 398. A bill to require Federal agencies for his contributions to American music as DRAKE, Mr. ENGLISH of Pennsylvania, to support health impact assessments and one of the greatest and most influential en- Mr. MCGOVERN, Mr. FERGUSON, Mrs. take other actions to improve health and the tertainers of the 1950s, 1960s, and 1970s as an BIGGERT, Mr. GRIJALVA, Mr. environmental quality of communities, and American cultural icon; to the Committee on GALLEGLY, Mr. BUYER, Mr. LAHOOD, for other purposes; to the Committee on En- Education and Labor. Mr. AKIN, Mr. TERRY, Mr. SMITH of ergy and Commerce. By Mr. SESSIONS: New Jersey, Mr. CLAY, Ms. ROYBAL- By Mr. THOMPSON of Mississippi: H. Con. Res. 28. Concurrent resolution ex- ALLARD, Mr. MARIO DIAZ-BALART of H.R. 399. A bill to designate the United pressing the sense of the Congress that a Florida, and Mr. CARNEY): States Courthouse to be constructed in Jack- commemorative postage stamp should be H. Res. 51. A resolution honoring the con- son, Mississippi, as the ‘‘R. Jess Brown issued to promote public awareness of Down tributions of Catholic schools; to the Com- United States Courthouse‘‘; to the Com- syndrome; to the Committee on Oversight mittee on Education and Labor. mittee on Transportation and Infrastruc- and Government Reform. f ture. By Mr. RANGEL: By Mr. GOODE (for himself and Mr. H. Con. Res. 29. Concurrent resolution call- ADDITIONAL SPONSORS JONES of North Carolina): ing for the removal of all restrictions from H. Con. Res. 22. Concurrent resolution ex- the public, the press, and military families Under clause 7 of rule XII, sponsors pressing the sense of Congress that the in mourning that would prohibit their pres- were added to public bills and resolu- President should provide notice of with- ence at the arrival at military installations tions as follows: drawal of the United States from the North in the United States or overseas of the re- [Omitted from the Record of January 9, 2007] American Free Trade Agreement (NAFTA); mains of the Nation’s fallen heroes, the H.R. 1: Mr. ENGEL, Mr. GONZALEZ, Mr. MOL- to the Committee on Ways and Means. members of the Armed Forces who have died LOHAN, and Mr. SHAYS. By Mr. KUCINICH (for himself, Mr. in Iraq or Afghanistan, with the assurance H.R. 2: Mrs. DAVIS of California, Ms. CAR- CUMMINGS, Mr. DEFAZIO, Mr. JACKSON that family requests for privacy will be re- SON, Mr. MOLLOHAN, Mr. GONZALEZ, Mr. of Illinois, Ms. WOOLSEY, Mr. spected; to the Committee on Armed Serv- COSTA, Mr. WELLER, and Mr. NEAL of Massa- SERRANO, Mr. JOHNSON of Georgia, ices. chusetts. Ms. LEE, Mr. CLAY, Mr. FATTAH, Ms. By Mr. MCKEON: H.R. 3: Mr. CRAMER, Mr. SCOTT of Virginia, KILPATRICK, Mr. LYNCH, Mr. HOLT, H. Res. 45. A resolution Electing minority Mr. MILLER of North Carolina, Mr. GON- Ms. CARSON, Mr. DAVIS of Illinois, members and the Resident Commissioner to ZALEZ, Mr. EDWARDS, Ms. CLARKE, and Ms. Ms. MOORE of Wisconsin, Mr. WU, Mr. certain committees of the House of Rep- GINNY BROWN-WAITE of Florida. CAPUANO, Ms. WATSON, Mr. STARK, resentatives; considered and agreed to. H.R. 4: Mrs. LOWEY, Mr. MURPHY of Con- Mr. CONYERS, and Mr. GRIJALVA): By Mr. EMANUEL: H. Con. Res. 23. Concurrent resolution ex- H. Res. 46. A resolution Electing Members necticut, Mr. CRAMER, Mr. TOWNS, Mr. MUR- pressing the sense of Congress that the and Delegates to certain standing commit- THA, Mr. GONZALEZ, and Mr. ENGEL. President should not order an escalation in tees of the House of Representatives; consid- H.R. 22: Mr. SMITH of Texas and Mr. MCIN- the total number of members of the United ered and agreed to. TYRE. States Armed Forces serving in Iraq; to the By Mr. EMANUEL: H.R. 25: Mr. MICA. Committee on Armed Services. H. Res. 47. A resolution electing Members H.R. 35: Mr. BARTLETT of Maryland. By Mr. RANGEL: and Delegates to a certain standing com- H.R. 36: Mr. HOLT, Mr. AL GREEN of Texas, H. Con. Res. 24. Concurrent resolution ex- mittee of the House of Representatives; con- Mr. WEXLER, and Mr. HINOJOSA. pressing the sense of the Congress that the sidered and agreed to. H.R. 37: Mr. BARTLETT of Maryland, Mr. President should grant a pardon to Marcus By Mr. DREIER (for himself, Mr. LIN- HINOJOSA, and Mr. HOLT. Mosiah Garvey to clear his name and affirm COLN DIAZ-BALART of Florida, Mr. H.R. 38: Mr. GENE GREEN of Texas. his innocence of crimes for which he was un- HASTINGS of Washington, and Mr. H.R. 49: Mr. LAMBORN, Mr. PERLMUTTER, justly prosecuted and convicted; to the Com- SESSIONS): Mrs. MUSGRAVE, Mr. SALAZAR, Mr. mittee on the Judiciary. H. Res. 48. A resolution amending the TANCREDO, and Ms. DEGETTE. By Mr. PETERSON of Minnesota (for Rules of the House of Representatives by re- H.R. 65: Mrs. BIGGERT, Mr. KUCINICH, Mr. himself, Mr. GOODLATTE, Mr. UDALL quiring transparency of record votes in the EMANUEL, Mr. KANJORSKI, Mr. CLEAVER, Mr. of Colorado, Mr. WAMP, Mr. POMEROY, Committee on Rules; to the Committee on PAYNE, Mr. MEEKS of New York, Mr. Mr. INSLEE, Mr. MOORE of Kansas, Rules. CARDOZA, Mr. DAVIS of Kentucky, Mr. Ms. MATSUI, Mr. CONYERS, Mr. BOS- By Mr. CAMP of Michigan: MATHESON, Mr. RUSH, Mr. CUMMINGS, Ms. WELL, Mr. GILCHREST, Mr. LATHAM, H. Res. 49. A resolution expressing the BORDALLO, Mr. TAYLOR, Mr. MEEHAN, Mrs. Mr. FORTENBERRY, Mr. CHANDLER, sense of the House of Representatives that TAUSCHER, Ms. LORETTA SANCHEZ of Cali- Ms. MCCOLLUM of Minnesota, Mr. there should be established a National Letter fornia, Mr. ROSS, Mr. SKELTON, Mr. WU, Mr. THOMPSON of Mississippi, Mr. LIPIN- Carriers Appreciation Day; to the Committee CRAMER, Mr. BOYD of Florida, Mr. RANGEL, SKI, Mr. BACA, Ms. HERSETH, Mr. on Oversight and Government Reform. Mr. MARKEY, Ms. KILPATRICK, Ms. CORRINE MORAN of Kansas, Mr. GRIJALVA, Mrs. By Mr. CONAWAY (for himself, Mr. BROWN of Florida, Ms. BALDWIN, Mr. FRANK MCMORRIS RODGERS, Mr. TERRY, Mr. COOPER, Mr. LINCOLN DAVIS of Ten- of Massachusetts, Mr. LARSON of Con- LAHOOD, and Mr. MARIO DIAZ-BALART nessee, and Mr. RYAN of Wisconsin): necticut, Mr. GRIJALVA, Mr. MORAN of Vir- of Florida): H. Res. 50. A resolution amending the ginia, Mr. DOGGETT, Mr. TIERNEY, Mr. LYNCH, H. Con. Res. 25. Concurrent resolution ex- Rules of the House of Representatives to re- Mr. RYAN of Ohio, Mr. SCOTT of Virginia, and pressing the sense of Congress that it is the quire the reduction of section 302(b) sub- Mr. DAVIS of Illinois. goal of the United States that, not later than allocations to reflect floor amendments to H.R. 87: Mr. KIRK, Mr. PAUL, Mr. SESSIONS, January 1, 2025, the agricultural, forestry, general appropriation bills; to the Com- Mrs. MYRICK, Mr. ENGLISH of Pennsylvania, and working land of the United States mittee on Rules. Mr. PUTNAM, Mrs. BLACKBURN, and Mrs. JO should provide from renewable resources not By Mr. LIPINSKI (for himself, Mr. ANN DAVIS of Virginia. less than 25 percent of the total energy con- FOSSELLA, Mr. DAVIS of Kentucky, H.R. 91: Mr. LINCOLN DIAZ-BALART of Flor- sumed in the United States and continue to Ms. DELAURO, Ms. BORDALLO, Mr. ida. produce safe, abundant, and affordable food, FRANKS of Arizona, Mr. HOLT, Ms. H.R. 92: Mr. GOODE and Mr. JONES of North feed, and fiber; to the Committee on Agri- MCCOLLUM of Minnesota, Mr. EHLERS, Carolina. culture, and in addition to the Committees Mr. HOLDEN, Mr. CHABOT, Mr. SES- H.R. 111: Mr. HERGER, Mr. HOBSON, Mr. on Energy and Commerce, and Natural Re- SIONS, Mr. DAVIS of Illinois, Mr. WALDEN of Oregon, Mr. BERRY, Mr. ALLEN, sources, for a period to be subsequently de- BAKER, Mr. MCHENRY, Mr. GINGREY, Mr. MCHUGH, Mr. WOLF, Mr. SCOTT of Geor- termined by the Speaker, in each case for Mr. MCCOTTER, Mr. MANZULLO, Mr. gia, Mr. GEORGE MILLER of California, Mr. consideration of such provisions as fall with- NEAL of Massachusetts, Mr. ROTH- KUCINICH, Mrs. MUSGRAVE, Mr. MATHESON, in the jurisdiction of the committee con- MAN, Mr. CLEAVER, Mr. RYAN of Ohio, and Mrs. JO ANN DAVIS of Virginia. cerned. Ms. MOORE of Wisconsin, Ms. ESHOO, H.R. 123: Ms. ROYBAL-ALLARD. By Mr. RANGEL: Mr. SOUDER, Mr. TIBERI, Mr. RADANO- H.R. 133: Mr. BURTON of Indiana. H. Con. Res. 26. Concurrent resolution ex- VICH, Mr. LEWIS of Kentucky, Mr. H.R. 135: Mr. SESSIONS. pressing the sense of the Congress that the RENZI, Mr. HIGGINS, Ms. HIRONO, Mrs. H.R. 137: Mr. MURTHA, Mr. EHLERS, Mr. United States Postal Service should issue a CHRISTENSEN, Mr. LANTOS, Mr. KILDEE, Mr. RYAN of Ohio, Ms. HOOLEY, Mr. postage stamp commemorating Congressman TOWNS, Mr. WILSON of South Caro- BURTON of Indiana, Mrs. BLACKBURN, Mr. Adam Clayton Powell, Jr; to the Committee lina, Mr. MELANCON, Mr. WOLF, Mr. PALLONE, Mr. DOYLE, Ms. NORTON, Mr. on Oversight and Government Reform. PATRICK MURPHY of Pennsylvania, MCNULTY, Mr. CARDOZA, Mr. CUMMINGS, Mr. By Mr. RANGEL: Mr. GONZALEZ, Mr. TIM MURPHY of BOSWELL, Mr. MCCOTTER, Mr. NADLER, Mr. H. Con. Res. 27. Concurrent resolution ex- Pennsylvania, Mr. PASCRELL, Mr. DICKS, Mr. WEINER, Ms. CORRINE BROWN of pressing the sense of the House of Represent- TAYLOR, Mr. PAYNE, Mr. JONES of Florida, Mr. SCHIFF, Mr. CROWLEY, Mr. atives that James Brown, also known as the North Carolina, Mr. DENT, Mr. KNOLLENBERG, Mrs. LOWEY, Ms. MCCOLLUM of

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Minnesota, Mr. TOM DAVIS of Virginia, Mr. H.R. 19: Mr. ALEXANDER, Mr. CAMPBELL of SERRANO, Ms. ROYBAL-ALLARD, Mr. JACKSON ACKERMAN, Mr. CLYBURN, Mrs. TAUSCHER, California, and Mr. BLUNT. of Illinois, Mr. ROGERS of Michigan, Ms. Mrs. MALONEY of New York, Ms. LEE, Ms. H.R. 25: Mr. HASTERT. JACKSON-LEE of Texas, Mr. ENGLISH of Penn- MATSUI, Ms. SCHWARTZ, Ms. WASSERMAN H.R. 56: Ms. BORDALLO. sylvania, Mr. SMITH of Texas, Mr. PUTNAM, SCHULTZ, Mr. DEFAZIO, Mrs. BIGGERT, Mr. H.R. 65: Mr. STUPAK, Mr. DOYLE, Mr. MAR- Mr. RENZI, Mr. LATHAM, Mr. PENCE, and Mr. POMEROY, Mr. DELAHUNT, Mr. HIGGINS, Mr. SHALL, Mr. DELAHUNT, Mr. GILCHREST, Mr. MCDERMOTT. LINCOLN DAVIS of Tennessee, Mr. WEINER, VAN HOLLEN, Ms. WOOLSEY, Mr. WILSON of H.R. 211: Mr. SOUDER, Mr. RAMSTAD, Mr. Mr. UDALL of New Mexico, Mr. PETERSON of South Carolina, Ms. BERKLEY, Mrs. CAPPS, JINDAL, and Ms. BALDWIN. Minnesota, Ms. ROYBAL-ALLARD, Mr. NEAL of Mr. ENGEL, Ms. LORETTA SANCHEZ of Cali- H.R. 226: Mr. ROGERS of Alabama and Mr. Massachusetts, Mr. DEFAZIO, Mr. LIPINSKI, fornia, Mr. BECERRA, Mrs. JO ANN DAVIS of BILBRAY. Mr. KIND, Mr. MEEK of Florida, Mr. VAN Virginia, Mr. BAIRD, Mr. BOOZMAN, Mr. H.R. 229: Mr. TERRY. HOLLEN, Mr. LARSEN of Washington, Mr. WEXLER, Ms. DELAURO, and Mr. CLAY. ALLONE INDA A´ NCHEZ H.R. 237: Mr. MCHUGH. H.R. 157: Mr. GONZALEZ. P , Ms. L T. S of Cali- H.R. 248: Mr. BACHUS. H.R. 171: Mrs. CHRISTENSEN and Mr. fornia, Ms. SCHWARTZ, Mr. CAPUANO, Mr. H.R. 281: Mr. FILNER. KUCINICH. BLUMENAUER, Mr. SNYDER, Mr. BERRY, Mr. H.R. 294: Mr. JONES of North Carolina. H.R. 190: Mr. GARRETT of New Jersey. AKIN, Mr. COOPER, Mr. SMITH of Washington, H.R. 191: Mr. GARRETT of New Jersey. Mr. UDALL of Colorado, Mr. NADLER, Mr. H.R. 324: Mr. PETRI, Mr. MARCHANT, Mr. H.R. 192: Mr. GARRETT of New Jersey. COBLE, Mr. ENGLISH of Pennsylvania, Mr. JINDAL, Mr. BOUSTANY, Mr. RENZI, and Mr. H.R. 195: Mr. GARRETT of New Jersey. PLATTS, Mr. BAIRD, Mr. GORDON, Mr. MOL- MCCARTHY of California. H.R. 211: Mr. HONDA, Mrs. BONO, Mr. LOHAN, Mr. GUTIERREZ, Mrs. MALONEY of New H.R. 353: Mr. DEFAZIO, Ms. DELAURO, Mr. MCGOVERN, Mr. WU, Mr. STUPAK, Mr. PAT- York, Mr. BRADY of Pennsylvania, Mr. WAX- MCDERMOTT, and Mr. HINCHEY. RICK MURPHY of Pennsylvania, Mr. KNOLLEN- MAN, Mr. ALLEN, Mr. THOMPSON of Mis- H.J. Res. 1: Mr. BAKER, Mr. BOOZMAN, Mr. BERG, Mr. GONZALEZ, Mr. LINCOLN DIAZ- sissippi, Mr. DAVIS of Alabama, Mr. WYNN, CRENSHAW, Mr. GINGREY, Mr. HUNTER, Mr. BALART of Florida, and Mr. BOUSTANY. Mr. JACKSON of Illinois, Ms. WATSON, Mr. JINDAL, Mr. MCCOTTER, Mr. PUTNAM, Mr. H.R. 223: Mrs. MUSGRAVE. MOORE of Kansas, Mr. COLE of Oklahoma, Mr. SCOTT of Georgia, and Mr. WALDEN of Or- H.R. 232: Mr. SULLIVAN, Mrs. JO ANN DAVIS MARIO DIAZ-BALART of Florida, Mr. HOLT, egon. of Virginia, Mr. PAUL, Mr. SESSIONS, Ms. Mrs. MCCARTHY of New York, Mr. H. Con. Res. 9: Mr. WAXMAN, Mr. BISHOP of FOXX, Mr. EDWARDS, Mr. MCCOTTER, Mr. RODRIGUEZ, Mr. REYES, and Mr. HASTINGS of Georgia, Mr. BLUMENAUER, Mr. HOLT, Mr. FLAKE, Mr. SENSENBRENNER, Mr. KIRK, Mr. Florida. VAN HOLLEN, Mr. MITCHELL, Ms. KAPTUR, ERRY ORTER TIAHRT, Mr. NORWOOD, Mr. ROGERS of Michi- H.R. 92: Mr. T , and Mr. P . Mrs. LOWEY, and Mr. CAPUANO. H.R. 101: Mr. SMITH of Washington, Mr. gan, Mr. MCHUGH, Mr. WALDEN of Oregon, H. Res. 15: Mr. COHEN, Mrs. MALONEY of MORAN of Virginia, and Mr. VAN HOLLEN. Mr. PITTS, Mrs. MYRICK, Mr. ENGLISH of New York, Mr. DANIEL E. LUNGREN of Cali- H.R. 111: Mr. PASCRELL, Mr. YOUNG of Flor- Pennsylvania, Mr. GERLACH, and Mr. fornia, Mr. REGULA, Mr. LATOURETTE, Mr. ida, Mr. BISHOP of Georgia, Mr. DICKS, Mr. FORTENBERRY. BERMAN, Mr. LANTOS, Mr. SENSENBRENNER, CRAMER, and Mr. SOUDER. H.R. 239: Mr. POE, Mr. TIM MURPHY of H.R. 137: Mr. GEORGE MILLER of California, Mr. HARE, Mr. CANNON, Mr. GALLEGLY, Mr. Pennsylvania, and Mr. SHAYS. Mr. SOUDER, Mr. CASTLE, Mr. CHABOT, Mr. DUNCAN, Mr. BROWN of South Carolina, Mr. USGRAVE H.R. 241: Mrs. M . EVERETT, Mr. HALL of Texas, Mr. HERGER, LEWIS of Kentucky, Mr. ROGERS of Ken- H.R. 250: Mr. SAXTON. Mr. KELLER, Mr. MANZULLO, Mr. MCHUGH, tucky, Mr. BILBRAY, Mr. LEWIS of California, H.R. 278: Mr. GONZALEZ, Mr. MCGOVERN, Mrs. MILLER of Michigan, Mr. REGULA, Mr. Mr. DREIER, Mr. MCKEON, Mr. DOOLITTLE, Mr. MICHAUD, Mr. MCHUGH, and Mr. GORDON. WALDEN of Oregon, Mr. FRELINGHUYSEN, Mr. Mr. WALDEN of Oregon, Mr. TIBERI, Mr. H.R. 290: Mr. MCCOTTER. INSLEE, Ms. LINDA T. SA´ NCHEZ of California, COBLE, Mr. WALSH of New York, Mr. H.R. 312: Mr. MCCOTTER. Mr. HOLDEN, Mr. HONDA, Mr. SHERMAN, Mr. BOOZMAN, Mr. NUNES, Mr. REYNOLDS, Mr. H.R. 315: Mr. MOORE of Kansas and Ms. THOMPSON of California, Mr. RUPPERS YOUNG of Florida, Mr. PLATTS, Mr. RADANO- FOXX. BERGER, Mr. VISCLOSKY, Mr. REYES, Mr. HIN- VICH, Mr. FARR, Mrs. EMERSON, Ms. ROYBAL- H.J. Res. 4: Mr. BAIRD and Mr. DELAHUNT. CHEY, Mr. WHITFIELD, Mr. LIPINSKI, Mr. ALLARD, Mr. SKELTON, Ms. HARMAN, Ms. LO- H. Con. Res. 9: Ms. WOOLSEY, Mr. FRANK of HOLT, Mr. MCKEON, Mr. FILNER, Mr. SNYDER, RETTA SANCHEZ of California, Ms. ZOE Massachusetts, Mrs. MCCARTHY of New York, Mr. WAXMAN, Mr. RAMSTAD, Mrs. LOFGREN of California, Mr. ROYCE, and Mr. Mr. DAVIS of Alabama, Mrs. CHRISTENSEN, NAPOLITANO, Mr. INGLIS of South Carolina, ISSA. Mr. SERRANO, Mr. LEWIS of Georgia, and Ms. Mr. FRANK of Massachusetts, Mr. BACA, Ms. H. Res. 18: Mr. LINDER, Mr. POE, Mrs. WATERS. BEAN, Mr. HASTINGS of Florida, Mr. KIND, Mr. MYRICK, Ms. FOXX, and Mr. CONAWAY. H. Res. 12: Mr. LINDER and Mr. INGLIS of GENE GREEN of Texas, Ms. ZOE LOFGREN of H. Res. 24: Mr. ENGLISH of Pennsylvania South Carolina. California, Mr. WU, Mr. OBERSTAR, Ms. and Mr. CAPUANO. H. Res. 24: Mr. MILLER of North Carolina, ESHOO, Mrs. EMERSON, Mrs. BONO, Mrs. H. Res. 39: Mr. MACK, Mr. LINCOLN DIAZ- Mr. SIRES, Mr. DAVIS of Illinois, and Mr. CUBIN, Mr. GILLMOR, Mr. GINGREY, Mr. HOB- BALART of Florida, and Ms. ROS-LEHTINEN. FARR. SON, Mr. LATOURETTE, Mr. LEWIS of Ken- H. Res. 41: Mr. INSLEE, Mr. FRANK of Mas- H. Res. 29: Mr. CARDOZA, Mr. SHERMAN, Mr. tucky, Mrs. MCMORRIS RODGERS, Mrs. sachusetts, Mr. FATTAH, Ms. LEE, Mr. CON- EHLERS, and Ms. ZOE LOFGREN of California. MUSGRAVE, Mrs. MYRICK, Mr. ROTHMAN, Mr. YERS, Mr. MORAN of Virginia, Ms. JACKSON- [Filed on January 10, 2007] GRIJALVA, Mr. LANTOS, Mr. AKIN, Mr. LEE of Texas, Mr. WU, and Mr. ABERCROMBIE. H.R. 2: Mr. BISHOP of Georgia. FORBES, Mr. HOEKSTRA, Mr. LOBIONDO, Mr. H. Res. 44: Ms. WASSERMAN SCHULTZ, Mr. H.R. 3: Mr. BISHOP of Georgia. MICA, Mr. PETERSON of Pennsylvania, Mr. MILLER of Florida, Mr. KELLER, and Mr. H.R. 16: Mr. SAXTON and Ms. WOOLSEY. REHBERG, Mr. TANCREDO, Mr. TIAHRT, Mr. BOYD of Florida.

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Vol. 153 WASHINGTON, WEDNESDAY, JANUARY 10, 2007 No. 5 Senate The Senate met at 9:30 a.m. and was appoint the Honorable BENJAMIN L. CARDIN, Committee but the Finance Committee called to order by the Honorable BEN- a Senator from the State of Maryland, to because there are tax implications. I JAMIN L. CARDIN, a Senator from the perform the duties of the Chair. respectfully submit to my colleagues— State of Maryland. ROBERT C. BYRD, both in the majority and minority— President pro tempore. this is not the place to do rifle shots on PRAYER Mr. CARDIN thereupon assumed the campaign finance reform. I was a real The Chaplain, Dr. Barry C. Black, of- chair as Acting President pro tempore. cynic in the past about doing anything fered the following prayer: f with, for example, 527s. I now think we Let us pray. have to take a look at a lot of these RECOGNITION OF THE MAJORITY campaign finance issues, including Eternal Lord God, help us this day to LEADER praise Your Name, ponder Your pre- 527s. But it has to be done in a thought- cepts, and live for Your glory. May we The ACTING PRESIDENT pro tem- ful, probative way. I hope we can do praise Your Name by living with grati- pore. The majority leader is recog- that. tude because of the gifts of life, liberty, nized. This is not a campaign finance bill. and joy. Teach us to ponder Your word f Campaign finance is an important as we seek Your wisdom in the privacy issue, and we are going to have a full WELCOMING THE PRESIDING of our prayerful encounters with You. consideration of campaign finance in OFFICER Lord, we desire to honor You with our this Congress. But this bill is not the place for those amendments. lives by exemplifying those attitudes Mr. REID. Mr. President, I am happy to see the Presiding Officer who is pre- I look forward to Senators con- and traits that give the world a tinuing to offer amendments today and glimpse of Your divine plan. siding for the first time—a new Sen- ator, longtime Member of Congress, hope we can make more progress in the Today, use the Members of this body coming days to wrap up this bill next for Your purposes. Draw them so close but we are happy to see you presiding over the Senate. week. We will wrap up the bill next to You that their work will not be a week, even if it is a long week. If burden but a delight. Empower them to f things slow down or there appears to be serve our land in the spirit of children SCHEDULE some stalling, I will have to see if clo- rejoicing in doing Your will. ture is the only alternative, which it We pray in Your strong Name. Amen. Mr. REID. Mr. President, yesterday, might be. But for now let’s keep mov- f we made significant progress on the ing forward. I have had people come to ethics and lobbying reform bill. This PLEDGE OF ALLEGIANCE me and say they have some amend- will go a long way toward helping to ments to offer. I think that is very im- The Honorable BENJAMIN L. CARDIN reduce cynicism about this body. We portant. This is an open process. Peo- led the Pledge of Allegiance, as follows: began debate on the bill. The Repub- ple should be able to do that. I pledge allegiance to the Flag of the lican leader and I offered a strong sub- We are going to be in a period of United States of America, and to the Repub- stitute amendment that made numer- morning business for an hour, as soon lic for which it stands, one nation under God, ous important improvements to the un- indivisible, with liberty and justice for all. as I and the Republican leader sit derlying bill. And then I offered an down. The majority will control the f amendment to strengthen the bill even first half hour and the minority will APPOINTMENT OF ACTING further. Then we have had a number of control the last half hour. Once morn- PRESIDENT PRO TEMPORE other Senators come to the floor and ing business closes, the Senate will re- make statements, offer amendments. The PRESIDING OFFICER. The sume the consideration of the ethics And I think that is certainly appro- clerk will please read a communication bill. priate. to the Senate from the President pro As I have said, there are a number of Mr. President, I do emphasize this amendments pending. And as I have in- tempore (Mr. BYRD). morning this is not a campaign finance The legislative clerk read the fol- dicated, there are other Members who reform bill. My personal feeling is cam- lowing letter: are interested in offering amendments paign finance reform needs a very close today. I hope we will be in a position U.S. SENATE, going over. We need to hold extensive later this morning to take action on PRESIDENT PRO TEMPORE, Washington, DC, January 10, 2007. hearings on this issue. There are a lot some of these pending amendments. To the Senate: of very complicated issues dealing with The managers have expressed their de- Under the provisions of rule I, paragraph 3, campaign finance reform, some of sire to work with Members in regard to of the Standing Rules of the Senate, I hereby which deal with not only the Rules these two amendments.

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

S313

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VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S314 CONGRESSIONAL RECORD — SENATE January 10, 2007 The two managers of this bill are two The ACTING PRESIDENT pro tem- est. They march off to war, risk their of our finest. Senator FEINSTEIN in the pore. The Republican leader is recog- lives, away from those they love be- past has managed bills as a member of nized. cause they are sworn to protect this the Appropriations Committee. Sen- Mr. MCCONNELL. Mr. President, I great Nation. We can never thank them ator BENNETT is someone who has a might add, I agree with everything the enough for what they are doing. Every great knowledge of Senate procedures. majority leader said. This substitute is moment of debate that we have on the He is, in my opinion, a Senator’s Sen- essentially what passed the Senate last floor of this Senate about the policy of ator. He does such a good job in every- year 90 to 8. The Senate is ready to act our Government toward Iraq should thing he is involved in. We have two or close to ready to finish this impor- not diminish nor detract from our very good, thoughtful managers of this tant piece of legislation. We were last great debt of gratitude to these men bill. If anyone can move this forward, I year. It was bogged down in the legisla- and women and their families. know the two of them can. tive process in dealing with the other I will be joining a number of my col- f body. But we are going to pass this leagues this afternoon as we sit with RECOGNITION OF THE MINORITY next week with an overwhelming bipar- the President for a final briefing before LEADER tisan vote. And the majority leader and his decision. Sadly, I am afraid that de- I will be working together to make cision has already been made. It is the The ACTING PRESIDENT pro tem- that possible. wrong decision. For reasons I do not pore. The Republican leader is recog- I yield the floor. understand, President Bush has re- nized. f versed a position which he took early f on. His position was that he would heed LOBBYING AND ETHICS REFORM RESERVATION OF LEADER TIME the advice and counsel of the men and LEGISLATION The ACTING PRESIDENT pro tem- women in uniform, of the generals in the field, of those who were in com- Mr. MCCONNELL. Mr. President, I pore. Under the previous order, the would like to say to my good friend, leadership time is reserved. mand and could see the actual battle on a day-to-day basis. The President the majority leader, I share his view f that we ought to make progress on this told us, over and over again, he would bill. There are a number of amend- MORNING BUSINESS only dispatch as many troops as they ments already pending. We will be The ACTING PRESIDENT pro tem- asked for. But clearly that has working together during the course of pore. Under the previous order, there changed. the morning to get some votes sched- will be a period for the transaction of General Abizaid, who was the leader, uled. I share his view that we ought to morning business for up to 1 hour, with the commanding general of CENTCOM, finish this bill next week. So we will be the first half of the time under the con- who oversaw Iraq and Afghanistan, going forward in a cooperative frame of trol of the majority and the second half told us in November he saw no reason mind. of the time under the control of the mi- for more U.S. troops. Let me read what This is an important piece of legisla- nority. General Abizaid said in testimony be- tion. It has bipartisan support, as illus- The Chair recognizes the deputy ma- fore Congress just weeks ago: trated by the fact that the majority jority leader. I met with every divisional commander, leader and myself are cosponsors of the General Casey, the core commander, General substitute he offered yesterday. This is f Dempsey. We all talked together. And I said, a piece of legislation that ought to be in your professional opinion, if we were to IRAQ bring in more American troops now, does it passed and ought to be passed soon in Mr. DURBIN. Mr. President, tonight add considerably to our ability to achieve the Senate and will be done with a President Bush will address our Na- success in Iraq? broad bipartisan basis of support. tion. The subject is one that is on the So I look forward to working with General Abizaid went on to say: minds of virtually every American. It my friend during the course of the day And they all said no. And the reason is, be- to get votes in the queue so we can is Iraq. According to the accounts in cause we want the Iraqis to do more. It’s the press, President Bush will be an- easy for the Iraqis to rely upon us to do this move forward. work. Mr. President, I yield the floor. nouncing that he will be increasing the The ACTING PRESIDENT pro tem- number of U.S. forces in Iraq, perhaps General Abizaid said: pore. The majority leader is recog- by 20,000 troops. I believe that more American forces pre- nized. If these news accounts are correct, vent the Iraqis from doing more, from taking Mr. REID. Mr. President, if I could that means an additional 20,000 Amer- more responsibility for their own future. say one thing before the Republican ican service men and women will be Those are the words of the com- leader leaves. I want everyone to hear sent into harm’s way or ordered to re- manding general in Iraq a few weeks what I said before. The first measure main there for longer tours of duty. ago. Those were words which the Presi- Senator MCCONNELL and I introduced, This morning on television, on CNN, dent told the American people repeat- S. 1, will be the most significant lob- they interviewed the families of some edly would be his guidance in making bying and ethics reform bill since Wa- soldiers who are now headed for their decisions about whether to send more tergate, if nothing else happens. And third tour of duty. There was a sad, troops into battle. Those are words then we went a step further and, on a heartbreaking interview with a moth- which the President tonight will ignore bipartisan basis, offered the substitute er—her two small children nearby, and and reject. amendment which moves the ball down her soldier husband sitting just a chair There is a sad reality. The sad reality the field by a long way. away. She said she could not be is this: 20,000 American soldiers, too This bill is significant, and if nothing prouder of her husband. She considered few to end this civil war in Iraq; too else happens other than S. 1 and the him a hero and a brave man and that many American soldiers to lose. I do substitute, this will be a tremendously he would answer the call of duty when- not understand the President’s logic. I important piece of legislation in the ever. But she said, in her words: It is do not understand how 20,000 troops annals of the history of this country. just so frustrating trying to raise this could significantly make any dif- We have a lot of other people who want family with my husband being called to ference. to improve the bill in their mind, and duty over and over and over again. Will there be a time line for these that is what this amendment process is Our hearts go out to those families. troops? If this is, in effect, a surge, as all about. But we cannot lose sight of Our prayers are with them and the the White House has characterized it the fact that this is a significant move troops as this decision is made to esca- over and over again, is it temporary in forward in ethics and lobbying reform late this war in Iraq, to raise the num- nature? Well, if it is a surge that is with the two measures that have been ber of troops from 144,000 to possibly temporary in nature, it betrays an- put forward on a bipartisan basis. We 164,000 or higher. other position taken by the White have done already, some good work for These troops follow these orders be- House. How many times have we been the Senate. cause they are the best and the brav- told we cannot talk about an orderly

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 10, 2007 CONGRESSIONAL RECORD — SENATE S315 withdrawal from Iraq or redeployment? a political and economic basis. And to water, but it, unfortunately, hasn’t How many times have we been told we start with, we must disband the mili- been successful, despite 4 years of ef- do not talk about when we are going to tias. The notion that leaders like Sadr fort. Sewage facilities, jobs, the most bring American soldiers home for fear can create a militia, a death squad, basic things, the most basic services by the enemy in Iraq will wait us out? which can roam the streets of Baghdad which you judge a society, those meas- If this increase and escalation of and the roads of Iraq with impunity, urements tell us that we have failed to troops is temporary in nature, then it suggests that there will be no stability produce in Iraq as promised. betrays the argument which the White and no security under these cir- That is the reality, despite some $380 House has made now for years. If we cumstances. The simple fact is, there is to $400 billion having been spent by the are going to add 20,000 troops, how can no sharing of power. United States in the 4 years we have we guarantee that the enemy will not When I visited Iraq the second time a been involved in this war. Now the ad- ‘‘wait us out’’? few weeks ago with Senator JACK REED ministration is preparing another sup- I find it hard to follow the Presi- of Rhode Island, we visited ministries plemental request. I read in the papers dent’s logic. I don’t understand why he which provide services almost exclu- this morning that they are going to try believes 20,000 troops will change the sively to one religious sect. The health to keep it under $100 billion. They complexion of a civil war. I certainly ministry, under the control of Mr. come in and call this war an unantici- don’t understand how sending troops in Sadr, is a ministry which provides few pated emergency appropriation. We are on a temporary basis is going to result if any services to Sunnis. The Sunni now in the fourth year of unanticipated in anything of a positive nature. Army population, which is about a third of emergency appropriations. Sadly, Chief of Staff Peter Schoomaker said: the population of Iraq, doesn’t get the every dollar we are spending in Iraq is We should not surge without a purpose and hospitals and doctors. This ministry a dollar not spent in America and a that purpose should be measurable. just helps Shias. dollar of debt left to our children. What is the purpose? How will it be I also talked to some people in the This President is the first President measured, and what is the timeline for field. I said: When it comes to police in the history of the United States, de- completion? When does the President protection, how does that work? spite all the conflicts Presidents have expect these troops and the 144,000 Well, if you go into Baghdad and go faced, to call for a tax cut in the midst other American troops currently in into the police station, you will quick- of a war, making our deficit situation Iraq to return home? The President ly learn whether it is a Shia or Sunni even worse. The President needs to be may not want to use the word ‘‘esca- police station. Shia police don’t arrest much more honest with the American lation,’’ but that is the word that fits Shia civilians, and Sunni police don’t people in terms of the real cost of this because if he is going to increase the arrest Sunni civilians. That is how war. number of troops, increase the danger badly fractured the society of Iraq is Let’s speak for a moment about the to our soldiers, it is an escalation of today. Is there anyone who believes state of our military. Again, they are this war. Like Presidents Kennedy, that 20,000 American troops will change the best and bravest in the world. Johnson, and Nixon, President Bush is that? That decision has to be made by Meeting with them on my recent trip, saying that he is sending more troops that Government’s leaders to change I left with pride that they would put on because conditions on the ground de- Iraq and move it toward a nation and the uniform and risk their lives for our mand it. away from warring factions. country. But our military has paid a In 1966, President Lyndon Johnson Some are skeptical. They argue that heavy price, not just in the deaths and said: this division in Islam is 14 centuries casualties but in the fact that they Our numbers have increased in Vietnam old, and it is naive for westerners such have lost combat readiness, equipment. because the aggression of others has in- as Americans and the Brits to believe They have been weakened in a world creased in Vietnam. There is not, and there that the arrival of the best troops in where we can’t afford to be weak. This will not be, a mindless escalation. the world is somehow going to quell President refuses to replenish the But that escalation was followed by the flames of this battle that has gone troops as needed. Our National Guard many others because American Presi- on for centuries. It certainly isn’t. It units in Illinois and across the Nation dents were trying to win someone isn’t going to change the circumstance have about one-third of the equipment else’s civil war and because they were without new political leadership. We they need to respond to a domestic cri- refusing to recognize the fundamental need to establish civil order in Iraq. We sis or if activated again in Iraq. There reality. need to make certain that we have is little or no effort to replenish these It is that the Iraqis, if we send in leadership in this government that troops as they must be. We struggle, 20,000 more troops, will assign 20,000 makes hard decisions that moves it to- offering bonuses and incentives to troops or more to match. I suggest that ward a true nation. That is the answer bring in more recruits and retain those that is a departure from what we have to the stability of Iraq, not 20,000 who are currently serving, under- heard from this White House. Every American soldiers and marines, sailors, standing that our ranks are thinning schoolchild in America can recite the and airmen who are now going to add because we have asked so much of mantra: As they stand up, we will to the ranks of those who risk their these men and women who serve us. stand down. We have heard this over lives every day. General Abizaid told the Senate and over and over again. The sugges- It is time for the President to also be Armed Services Committee in Novem- tion that, as the Iraqi soldiers stand up honest with the American people about ber that the military does not have the and take responsibility, American sol- the cost of this war. As of this morn- capacity to maintain an additional diers can come home, that has been the ing, 3,015 American troops have died in 20,000 soldiers and marines in Iraq. It promise. But if this is the bargain Iraq; 7 times that number have come will be interesting to see how the today, 20,000 American troops to gen- home disabled, maimed, blinded, suf- President suggests we find these sol- erate 20,000 Iraqi troops, then we have fering amputations and traumatic diers and marines that he now wants to changed the mantra. The mantra now brain injury. That is the human legacy send over in the escalation of this war. is, as American troops stand up, Iraqi which is the paramount concern we all General Abizaid said: troops will stand up. If that is, in fact, have. The ability to sustain that commitment is the new policy, how can there ever be There has also been another legacy of simply not something we have right now any end in sight? cost, almost $2 billion a week that we with the size of the Army and the Marine We understand the reality. After al- are spending in the war on Iraq, money Corps. most 4 years, in a war that has lasted taken out of the United States and That was the general’s testimony longer than World War II, we under- away from the very real needs of our just a few weeks ago. Yet the President stand that we cannot win on a military Nation being spent over there. Yet here has decided to ignore the general’s basis. The President said it. Secre- in the fourth year of this war, less elec- statement and to call for more troops. taries of Defense have said it. The gen- tricity is being generated in Iraq than I don’t doubt the Pentagon can find erals in the field have said it. The Iraq on the day we invaded. There is an op- somewhere to get additional troops, ex- war can only be stabilized and won on portunity for us to provide drinking tending the tours of duty of those who

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S316 CONGRESSIONAL RECORD — SENATE January 10, 2007 are currently there, for example; and I had any prospect of success or victory, Mr. DURBIN. Our feeling is that we don’t doubt that our brave men and to find an analogy in recent memory. could not do it immediately. The women will bear this ever-increasing The time came under President Ger- Baker-Hamilton study group suggested burden. But I ask, at what cost to our ald Ford when he faced the reality of that we would basically redeploy our Nation, at what cost to its families? Vietnam. It is time for President Bush troops over a 15-month basis. That We have to ask as well: How does to face the reality of Iraq. The reality would suggest an orderly movement of sending more troops represent the is this: America has paid a heavy price. troops of maybe 10,000 a month. But if change in direction so clearly called We have paid with American blood. We you did it precipitously, it would cre- for by the American people when they have paid with American sacrifice. We ate a danger for our troops and an in- voted this last November? Tragically, have paid with American treasure. We stability. I think if we had an orderly this idea of escalating the war is more have given the Iraqis so much. We have redeployment, withdrawal, the Iraqis of the same. Tonight I expect the deposed their dictator. We put him on would get the message that they have President to use the word ‘‘change’’ re- trial. He will no longer be on the scene to step in as American troops are rede- peatedly, but I have seen little to give in any way, shape, or form since his ployed. me hope that he will actually imple- execution. We have given them a Mr. GREGG. The Senator used the ment change or a new direction in our chance to draft their own constitution, term ‘‘immediately’’ in his statement. policy in Iraq. hold their own free elections, establish That is why I wanted to clarify that. I want Congress and the American their own government. We have pro- So we should withdraw over the hori- people to finally ask the hard ques- tected them when no one else would. zon, i.e., redeploy, the Senator said, tions. For the 4 years of this war, this America has done everything promised and that withdrawal should be at a Congress has been supine. It has re- in Iraq. The reality, though, is we have pace of about 10,000 troops per month, fused to stand up and accept its con- done what we can do. Now it is up to and that process should begin imme- stitutional responsibility to hold this the Iraqis. It is up to them to stand and diately, I guess, and that it would be administration, as it should hold every defend their own country. completed within 18 months, being the administration, accountable for its Sending in 20,000 more troops at this first quarter of 2008. Is that basically conduct and spending. That is why I moment says to the Iraqis: Don’t the specifics of how the Senator would am heartened to know that even this worry. America will always be there to approach the situation on the ground? week, we will have our first hearings bear the brunt of battle so that Iraqis Mr. DURBIN. What I described to you before the Senate Armed Services Com- don’t have to. is the Baker-Hamilton proposal. I did mittee and the Senate Foreign Rela- That is not the right approach. The make exceptions for leaving troops tions Committee, hearings by Chair- best approach is for us to start rede- there for training purposes and for ploying our troops on a systematic man LEVIN and Chairman BIDEN, in an hunting down al-Qaida terrorists, those effort to ask some of the hard ques- basis so that the Iraqis know that it is specific circumstances. My feeling is their responsibility and their country tions about the policies we have in that over a 4-to-6-month basis, we need that they must stand and defend. It is Iraq. to establish timelines so our troops time for us not to send more American This line of inquiry is long overdue. could start moving away from Iraq and troops into danger but to bring Amer- Simple things need to be asked. First, the Iraqis can step in. I use 10,000 a ican troops out of danger and back some accountability when it comes to month because that is the way the home. That needs to start and start the money that is being spent. We have math works if you follow Baker-Ham- all heard about the abuses, the profit- immediately. Instead of the President’s escalation ilton. It could be zero troops with- eering. It doesn’t make America any of the war within the next 6 months, drawn or redeployed in the first 60 safer or help our troops at all. It pads we should begin to redeploy our troops days, and 20,000 or 30,000 at some future the bottom line for private companies, so that it truly becomes an Iraqi effort time. My personal belief is that until the many of whom benefit from no-bid con- to create an Iraqi nation. Our end goal, Iraqis understand that we are leaving, tracts, but it doesn’t make us any as the Baker-Hamilton Iraq Study safer. We need to hold the Department Group showed us, should be redeploy- they will not accept the responsibility of Defense accountable, to make sure ment, repositioning of the majority of to defend their own government and that taxpayers’ money is well spent, to our forces by the first quarter of 2008. country, and they won’t make the hard make sure that the money being spent Escalation is not a blueprint for suc- political decisions to put an end to the for our troops is, in fact, providing cess. It is a roadmap to where we have civil war. Mr. GREGG. I appreciate the spe- them with the best equipment and ev- already been. erything that was promised. That in- Mr. GREGG. Will the Senator yield cifics from the assistant leader. I have quiry is long overdue. for a question? not heard specifics from the other side We are also, of course, going to face Mr. DURBIN. I am happy to yield. of the aisle. I think it is constructive. the reality that this civil war in Iraq is Mr. GREGG. I have been wondering Can I continue to ask the question, getting worse and not better. When what the specific position of the Demo- however, to get a sense of what the spe- 3,000 civilians die in the course of a cratic leadership was on the other side cific proposals are from the other side. month, it is an indication of a society of the aisle relative to Iraq. If I under- The President is going to send up a that is out of control. stand it correctly, it is that we should supplemental estimated to be over $100 We will soon be approaching the redeploy—which, I presume, is a euphe- billion. We have already had one of ap- fourth anniversary of the invasion. I mism for withdraw—is that correct? proximately $70 billion. So we are talk- can remember when the vote was cast Mr. DURBIN. The redeployment ing of a total supplemental of $170 bil- on the floor of the Senate. It was late would take the troops out of Iraq and, lion. This additional supplemental at night. It was a week or two before perhaps, position them in a nearby would be, I presume, to cover what is the election. Several of us who had country. We would still be involved in being represented in the press as poten- voted against this use of force because trade, still be involved in hunting down tially a surge in troops and additional of our serious concerns didn’t know, of al-Qaida forces and trying to stop ter- spending of significant dollars for re- course, what it would mean in the next rorism. Yes, our feeling is—and I think construction. Is it the position of the election or how this would play out ul- the Senate vote on this—we should Senator that that $100 billion is more timately. begin redeploying troops on a 4-to-6- money than needs to be spent? In other We stand here today, some 4 years month basis. words, if the proposal of the Senator, later after that vote, and realize that Mr. GREGG. Mr. President, if I may which is a withdrawal over the horizon, this decision to invade Iraq was the use the term withdraw, I have heard to begin over the next 2 or 3 months, most serious strategic mistake in for- the term withdraw being used, but ap- accelerated to the point where it was eign policy made by this country in the parently it doesn’t mean the troops completed by the beginning of 2008, last four decades. One has to go back to would be coming out of Iraq. The Sen- averaging about 10,000 people per the decision in Vietnam to continue to ator further suggested that that should month—is it therefore the Senator’s escalate that conflict, long after we be done immediately, is that correct? position that if you pursue that course

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 10, 2007 CONGRESSIONAL RECORD — SENATE S317 of action, you would not need $100 bil- ated a huge engine of economic activ- which is not that far away. It is within lion? ity in this country because there are so 20 years, which is not that far. We will Mr. DURBIN. I don’t serve on the many of us, so highly educated and so actually have a situation where three Armed Services Committee, but it is aggressive as a productive engine for Federal programs are using all of the my guess that redeploying troops is the whole Nation, we have been able to dollars which historically the Federal also a very expensive endeavor—maybe contribute to society and to our Nation Government has used in order to sup- as expensive as deploying them and the highest quality of life in the his- port the purposes of the Federal Gov- holding a position. So I don’t know if tory of our Nation—in the history of ernment. So that would mean, theo- there will be a savings if there is a re- the world, for that matter. retically, that the only thing you could deployment. Although I voted against But now this generation, which is the pay for would be those three programs. largest generation in our history, is the use of force resolution that led to You could no longer pay for national going to begin to retire. All of the re- the invasion, I voted for every penny defense, which is the first responsi- this administration asked for for the tirement systems were built up over bility of Federal Government; you troops. I believe—and I think my fellow the years in order to benefit people could not pay for education, health colleagues on the Democratic side, and who retire in our Nation, to make sure I am sure on the Republican side—that they can retire with dignity, Social Se- care, environmental protection, or all they don’t want to shortchange the curity, Medicare and, to a lesser ex- of the things the Federal Government troops either as they stay in Iraq or if tent, Medicaid. It was based on the does that are significant in improving they are redeployed from Iraq. I would promise that Franklin Roosevelt had, the quality of our standards of life. judge the supplemental under those which is that you would have a lot of That, however, doesn’t end the prob- circumstances. What will it cost to re- people working and a few people retir- lem, because the cost of this genera- deploy them safely? ing. In 1950, the concept was that you tion continues to go up. In fact, just Mr. GREGG. I thank the Senator; he would have, for example, 13 people those 3 programs break through the 20- is always forthright. I will ask a fol- working for every 1 person retired, so percent line and go well up into the lowup question. Does the Senator be- that the working Americans would be high 20 percent—28, 29 percent of GDP, lieve this supplemental that is coming able to not only earn a good living for as projected—as we head out into 2030 up, as I believe, should go through the themselves but would also be able to to 2040. regular order rather than being de- support those people who are retired. Basically, what you see is the fact clared an emergency and have author- Well, that equation fails in the that we are headed toward a situation ization language, or go through the au- present projected future because the thorizing committee for review and baby boom generation doubles the where the cost of these three programs then go to the appropriating com- number of retirees from approximately alone will essentially bankrupt our mittee and then come to the floor? 35 million to 70 million, and from a sys- country. The practical implications of Mr. DURBIN. I don’t speak for the tem which had 13 people working for this are that the younger generation, leadership or anybody in the caucus, every 1 person retired in the 1950s to the people working for a living, our but I believe that. This notion that we about 2 people working for every 1 per- children and grandchildren, will have are dealing with an unanticipated ex- son retired by 2025. So you go from a to pay a tax burden that is so high that penditure in the fourth year of this war pyramid to a rectangle and you have their discretionary income won’t be is a charade. I think it would be better those working people trying to support able to be spent on educating their for us to deal with this in the regular the people who are retired. There are children with a better college edu- appropriations process so that we can not enough people working to do that. cation, or on buying a home, or on liv- integrate the cost of the supplemental So you create a huge burden and basi- ing a better lifestyle. Their discre- with the actual expenses of the Depart- cally a fiscal crisis of inordinate pro- tionary money will go to taxes to sup- ment of Defense and do our best to portion. port the cost of these three entitle- meet the needs of our soldiers and yet I have a chart nearby that clearly re- ment programs. not waste taxpayer dollars. flects this problem. This simply shows This is not a sustainable idea. This is Mr. GREGG. I appreciate the Sen- three costs that the Federal Govern- not an idea that any responsible person ator’s courtesy in allowing me to ask ment incurs, which are Social Secu- involved in governance could subscribe rity, Medicare, and Medicaid, the three him some questions. to. Certainly, one generation has no Mr. DURBIN. Mr. President, I yield largest entitlement accounts, as they right to pass on to another generation the floor. are referred to. The ACTING PRESIDENT pro tem- Those accounts make up about 8 per- a set of costs that is going to bankrupt pore. Without objection, the time on cent of our gross national product the capacity of the next generation to the majority side will be reserved, and today. Historically, the Federal Gov- live as good a quality of life as the the Senator from New Hampshire is ernment spends about 20 percent of prior generation was living. It is not recognized. GDP. If it gets much above that 20 per- right, fair, or appropriate. f cent of the GDP, it becomes an ex- Another thing this chart shows is treme burden for the productive side of that, as a practical matter, you cannot CONFRONTING A CONUNDRUM our economy and you end up with peo- tax your way out of the situation. A lot Mr. GREGG. Mr. President, I rise to ple being able to produce less because of people say: we will just raise taxes. discuss again what I consider to be the the Government is taking so much out You cannot tax your way out of the sit- single largest quality-of-life issue we of their paycheck and productivity uation. You cannot raise taxes high have confronting us as a nation. That drops and quality of life drops. enough to pay for the costs we are is the issue of how we pay for my gen- So we have as a nation always sort of going to incur as a result of these enti- eration, the baby boom generation, maintained within a fairly small range tlement programs having to benefit so which is about to begin to retire and this concept that the Federal Govern- many Americans. the effect our retirement as a genera- ment should spend about 20 percent of tion will have on the capacity of our GDP. That goes way back. This chart Why? It is very simple. Historically, children to be successful and have a takes us back to 1962. In times of war, Federal taxes have been 18.2 percent of quality of life that is equal to what we that spikes, and it has historically—es- GDP. Today we have Federal tax of have had as a nation. pecially in World War II. But that is 18.4, 18.5. So we are over the historic We confront a conundrum. The baby the traditional amount. norm today. Once you get Federal boom generation has been the most However, the problem we confront is taxes up above 20 percent and they productive and most resilient genera- that the cost of Social Security, Medi- head toward 23, 24, 25 percent, or even tion in the history of the Nation. As a care and Medicaid alone—those three higher, in order to accomplish the cov- result, through each decade of its items—because of the retirement of erage of these costs, you are essen- growth, beginning in the 1950s when it this huge generation and the price tially going to be taxing productive added a lot of elementary schools, which it will take to pay benefits for Americans at a level where you would right through the 1960s, 1970s, 1980s, that generation, actually will absorb 20 reduce dramatically their produc- 1990s, and into the 2000s, when it cre- percent of GDP in the mid 2020 period, tivity..

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S318 CONGRESSIONAL RECORD — SENATE January 10, 2007 It is sort of a downward spiral event. my perspective, we now have a divided manner that doesn’t give our troops It is akin to killing the goose that is Government. We have a Democratic what they need when our troops are in laying the golden egg situation. You Congress and a Republican Presidency. the field—at any time, especially when cannot lay a tax burden on a produc- I happen to believe that any solution they are in the field. tive people and expect them to con- to this issue has to be absolutely bipar- These supplementals are important tinue to be productive because human tisan. There can be no question from to make sure we adequately fund peo- nature, the natural response to some- the American people that a solution on ple who are putting their lives on the thing such as that, is people become these issues is not done in a bipartisan line for us, but the process that has less productive. As they see 60, 70, 80 way because if the American people evolved is not right; it is just plain not percent of their next dollar they earn think it isn’t fair, they are not going right. This will be the fourth year—I going to the Federal Government or to to be attracted to it; they are going to think it is like the sixth supplemental, taxes, they are going to be less inclined think it is gamesmanship by one party maybe it is the seventh or maybe it is to go out and earn that next dollar be- or the other. the eighth—I have lost track—that a cause they are keeping so little of it. So anything that has to be done has bill will have come up designated as an That is just human nature. to be done in a bipartisan way. We are emergency from the Pentagon and ba- So it is a downward spiral event. in a climate where any solution that is sically bypasses the process of review Once you get taxes above a certain going to occur is going to be bipar- through the authorizing committee level, they stop producing revenues be- tisan. That is the good news. But that and, for all intents and purposes, cause people do tax avoidance activity window of opportunity isn’t going to be through the Appropriations Committee or, alternatively, they simply stop open that long. We are going to be and comes directly to the floor and being productive and society stops in- heading into a Presidential election spends tens of billions of dollars. It is a shadow budget, as I have de- vesting, capital formation drops off, pretty soon, and in both of the last scribed it. We have a budget process Presidential elections, we have seen jobs stop being created, and you basi- around here. Granted, it is not working outrageous, despicable, in my opinion, cally drive yourself into a severe reces- that well. Hopefully, it will work bet- sion or you become less competitive demagoguery on the issue of Social Se- ter this year. But we do have a budget with the rest of the world, which curity. The well was poisoned before process, and the purpose of the budget doesn’t have the same problem. the day even started in both those process is to give adequate review and We cannot tax your way out of this campaigns. fiscal discipline so that we are respon- issue. We actually have to address the The opportunity to aggressively and sible stewards of the taxpayers’ money. fundamental, underlying problem, effectively address this issue, to de- But when we have this shadow budget which is that these programs, as they velop a bipartisan solution has to occur that comes up, entirely outside the are presently structured, are not sus- sooner rather than later, and it has to budget process and continues to come tainable in the future, and we have to be done in a way with which the Amer- up and has become almost the regular figure out a way to make them sustain- ican people are comfortable because it order of approach as to how we fund able. is fair. the Pentagon now, you are essentially There are many ways to do this. I put forward a proposal on this issue. saying budgets don’t matter, review of There is no one solution to this prob- I put forward a proposal that deals a the substance doesn’t matter, spending lem. There is no magic bullet out lot with this responsibility package should simply be done as requested, there, although with Social Security it called SOS that has about 30 sponsors. without any oversight and without any is a much simpler exercise in the sense One part of that package was to struc- discipline as to how much is going to of moving parts. But there are many ture a procedure to deliver results. I be spent. I don’t think that is the right ways to continue to deliver high-qual- believe we should use procedure to way to approach this. ity retirement services in Social Secu- drive policy because I believe that once In the last budget, I set aside almost rity, Medicare, and Medicaid but have you put policy on the table, everybody $90 billion for supplementals for the them be affordable to the generation takes shots at it, all the different in- war. The Pentagon wouldn’t give us a who is paying for it. terests in this city sit around and pick number. They sent up a euphemistic Five years ago, myself, Senator it apart. It makes much more sense to number. They wouldn’t even support Breaux, Senator Bob Kerrey, Senator use procedure, and the procedure I use that number. So we arbitrarily set $90 Chuck Robb, Senator Moynihan, and is a fast-track, bipartisan commission, billion because that was the average of on our side of the aisle, Senator CRAIG where you absolutely have to have bi- what the supplemental requests had THOMAS and a number of other Sen- partisan decisions, you have a super- been over the prior 3 years. Then we ators, came together to develop a plan majority approval, and you do it on a subjected it to budgetary restraint, so for Social Security which was bipar- fast track and have people who are that if it went over the $90 billion, they tisan, which would have solved the going to be players sitting around a had to explain it, they had to justify it. problem over the long term, which room to try to work it out. We had to have a supermajority if we would have continued the benefit That is not the only way to approach wanted to accomplish it, if somebody structure which was extremely ro- this issue. There are a lot of different wanted to challenge it—but only if bust—in fact, a more robust system ways to approach this issue. I hope we, somebody wanted to challenge it. than what seniors are facing today— as a Congress, and our leadership in What is happening now is we are yet put it in a position that was afford- this body—and I know our leadership is looking at $170 billion, not $90 billion, able. interested in this issue. I talked with of spending in this year. That is almost Yes, there were revenues included in people on the other side of the aisle $130 billion over what the Pentagon that package. Any solution is going to who are active on this issue and active claimed they euphemistically set up as have to involve benefit adjustments in the leadership, and there is key in- a throwaway number, which they and revenues. There is no way we can terest in this issue, but the time to wouldn’t even defend when we had a do it on one side. The fact is, we have move is now. hearing on this subject. to face up to this situation. As a soci- We are running out of time, and we Essentially, what we are seeing is ety, we have to face up to this need. have to get on with this. that there has been a decision down- I guess that is my point today. We I wanted to make this point, again. I town to do an end run around the budg- are running out of time. I have been de- stand ready, a lot of Members on my et process and essentially an end run livering this message for a while. The side stand ready to pursue substantive around the oversight process. We are clock continues to run. We are running action in this area. Hopefully, we can also seeing, regrettably, that they are out of time. We have an opportunity, a do it. gaming the system, at least in the last window. It is a unique window. There On a second note, this is a point I supplemental—and it is reported that are not a whole lot of advantages to raised with the assistant leader, we are in this supplemental, although I the fact that I am no longer chairman about to get a $100 billion-plus supple- haven’t seen the numbers—there is a of the committee I used to be chairman mental on the war. Nobody in this Sen- fair amount of spending which had of, but one of the advantages is, from ate in any way is going to vote in a nothing—well, it had something, but it

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 10, 2007 CONGRESSIONAL RECORD — SENATE S319 was truly tangential to the war effort. base. I am 100 percent for that. But it and leadership PACs from employing the It went to the core issue of the Defense shouldn’t be a separate budget, an spouse or immediate family members of any budget, which is still spending over emergency budget, and it should go candidate or Federal office holder connected to the committee. $400 billion. That is on top of the through the authorizing and appropria- Vitter amendment No. 7 (to amendment supplementals. They were using this tions process. No. 3), to amend the Ethics in Government shadow budget, where they knew they We have time to do that. We have a Act of 1978 to establish criminal penalties for had no restraints, to basically pick up strong authorizing committee. I sit on knowingly and willfully falsifying or failing spending which should have been in the the appropriating committee, and we to file or report certain information required core budget and had at least gone have an extremely strong appro- to be reported under that Act. through the authorizing process. priating committee. We can review the The ACTING PRESIDENT pro tem- There were a number of items in numbers quickly and analyze whether pore. The Senator from Connecticut is there that fell into that category, in- it is fair and appropriate, and I suspect recognized. cluding the whole restructuring of the 95, 98 percent of it will be approved. Mr. LIEBERMAN. Mr. President, I Army. And now we are hearing they But the fact that we are going to ap- am privileged to be able to manage the may even have joint strike fighters in prove it doesn’t mean it shouldn’t at bill for part of today. Senator FEIN- this next supplemental, two of them least be reviewed. Basically, muting STEIN and I—she is the chair of the potentially. At least that is what has and undermining the legitimacy of the Rules Committee, and I, in my capac- been reported. Maybe they will be out congressional role in funding is, under- ity as chair of the Homeland Security by the time it gets here because light mining, in some degree, the commit- and Governmental Affairs Committee, has been shined on them. ment to the war effort itself. It is coun- will be alternating on our side. I am The fact is, it shouldn’t work that terproductive to having popular sup- honored to do that. way. We know we are in a war. We port for the war effort. I would say that after a day, we are know, approximately, what that war is I hope that when they send up this off to a good start in our consideration going to cost. We should have a process next supplemental that they not des- of S. 1, the bill before us. The majority which reviews it in an orderly fashion, ignate it as an emergency and that and minority leaders, Senators REID and that is the way it was historically they ask that it go through the proc- and McCONNELL, laid down yesterday a done here. ess, but tell us to do it in a quick way, bipartisan substitute amendment that The Vietnam war was appropriated don’t spent a month doing this; do it in improves what was already a strong and authorized. Almost all the spend- a week and a half, 2 weeks, and we can bill, S. 1, and I know a number of other ing went through an authorizing and do that; otherwise, I believe we will Senators have come to the floor to file appropriating process. Almost all the continue on a path that is harmful not or offer amendments. It is good to pro- appropriations of the Korean war went only to the relationship between the ceed in that way. through the authorizing and appro- executive and the legislative branches, We have a bill before us which fortu- priating process. It is a very predict- it is harmful to good governance and nately has strong bipartisan support, able number right now, or within range the good stewardship of tax dollars and and it is certainly my hope, and I know of a very predictable number. They it is, more importantly, more harmful the hope of managers on both sides, don’t have to send $170 billion up as a to the war effort itself. and the leaders, that we can move supplemental and designate it an emer- Mr. President, I yield the floor, and I along with the consideration of these gency to fight this war. We know it is suggest the absence of a quorum. amendments so that we will complete going to cost us in that range, and it The ACTING PRESIDENT pro tem- this bill in the timeframe laid out by should go through the authorizing pore. The clerk will call the roll. the majority leader, which is the end of process and then through the appro- The assistant legislative clerk pro- next week. This will be not just auspi- priating process. It shouldn’t come up ceeded to call the roll. cious but a meaningful, bipartisan way as an emergency. Mr. LIEBERMAN. Mr. President, I to begin this 110th Congress. Sure, there may be some amount on ask unanimous consent that the order I wish to speak in strong support of top of that which may occur during the for the quorum call be rescinded. the comprehensive substitute that was year, we may need to put in another X The ACTING PRESIDENT pro tem- laid down and offered by the majority number of dollars, and that may be a pore. Without objection, it is so or- and minority leaders yesterday. I am legitimate emergency, but the core dered. pleased to join as a sponsor of that spending of this war should be ac- amendment. The underlying text of S. counted for in the regular order and re- f 1 is already a sweeping reform of ethics viewed so it doesn’t end up being a CONCLUSION OF MORNING rules and lobbying regulations, and the gamesmanship exercise coming to us BUSINESS substitute takes us even further in from downtown which is essentially to The ACTING PRESIDENT pro tem- strengthening those reforms. I would avoid, ignore, and mute the capacity of pore. Morning business is closed. like to focus on a few of the additional the Congress to have an impact on how improvements made by the substitute. the spending occurs, whether it is le- f The substitute will clarify and gitimately part of the war or legiti- LEGISLATIVE TRANSPARENCY strengthen the provisions in the under- mately part of the Defense Depart- AND ACCOUNTABILITY ACT OF 2007 lying bill that require, for the first ment. time, lobbyists to report on campaign I am concerned about this situation. The ACTING PRESIDENT pro tem- contributions and travel they arrange I have heard mumbling from the ad- pore. Under the previous order, the for Members of Congress—for the first ministration, at least from OMB, that Senate will resume consideration of S. time. We also will require lobbyists to they are going to try to budget for this 1, which the clerk will report by title. disclose contributions to Presidential stuff that is appropriately not in the The assistant legislative clerk read libraries and inaugural committees. war—by ‘‘this stuff,’’ I mean things as follows: This is an extension of one of the basic that are appropriately not in the war A bill (S. 1) to provide greater trans- building blocks of this reform, which is effort but are in the Defense Depart- parency in the legislative process. disclosure, transparency, shining the ment’s underlying budget—and that Pending: sunshine on what is happening here so they are going to take those out and Reid amendment No. 3, in the nature of a the public, the media, and Congress put them in the underlying Defense substitute. itself will be better informed and can budget. Reid amendment No. 4 (to amendment No. take appropriate action. These disclo- They need to do more than that. 3), to strengthen the gift and travel bans. sures will provide a fuller picture of They need to structure the budget they Vitter amendment No. 5 (to amendment No. 3), to modify the application of the Fed- the relationships between those who send up here so that if they want to eral Election Campaign Act of 1971 to Indian lobby and those who are lobbied in the have a separate account for the war tribes. Congress and in the executive branch. fighting, fine. I can understand that be- Vitter amendment No. 6 (to amendment The substitute also creates a new cause we don’t want to build it into the No. 3), to prohibit authorized committees criminal penalty for violations of the

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S320 CONGRESSIONAL RECORD — SENATE January 10, 2007 Lobbying Disclosure Act. While the un- to create transparency, disclosure, and to a good beginning. We have a lot derlying bill, S. 1, already doubles the a process by which the full body will be more work to do, and I hope my col- amount of civil penalties that may be both aware of the earmarks and able to leagues will come to the floor and offer imposed, a criminal penalty will challenge them if an individual Sen- their amendments so we can get this strengthen the hand of the Department ator or Senators desire. all done by the end of next week. of Justice in pursuing and punishing The substitute also contains a sense I suggest the absence of a quorum. the most egregious violations. of the Senate on fair and open proce- Mr. DEMINT. Will the Senator with- The substitute will also tighten the dures for conference committees, and hold his request? revolving door rules by prohibiting this also relates to how earmarks are Mr. LIEBERMAN. I note the presence Senators from negotiating for jobs as handled. The substitute also amends of the Senator from South Carolina on lobbyists while they are still in office. the Senate rules to make clear that no the floor of the Senate, and I will yield We will also require senior Senate staff changes may be made to conference re- to him at this time. I withdraw my re- to report to the Ethics Committee ports after the reports have been quest for a quorum call. when they are negotiating for employ- signed by the conferees. This is obvi- The ACTING PRESIDENT pro tem- ment so that the Ethics Committee can ously the concern, unfortunately based pore. The request is withdrawn. The identify any conflicts of interest and in fact, that, after a conference report, Senator from South Carolina is recog- require staff to recuse themselves including one signed by the conferees, nized. while they are still employed by the either staff or Members in high posi- Mr. DEMINT. Mr. President, I ask Senate from working on issues that tions have been able to insert items, unanimous consent to set the pending may present conflicts of interest with earmarks, into those conference re- amendment aside and I be permitted to those with whom they are negotiating. ports, which obviously suppresses not offer four amendments. The substitute will also provide new only the public’s right to know but the The ACTING PRESIDENT pro tem- rules on evaluation of tickets to sport- Members’ right to know. This sub- pore. Is there objection to the request? ing and entertainment events. Why, stitute will now make clear that no Hearing no objection, it is so ordered. one may ask, would we need that provi- changes of that kind can be made. AMENDMENTS NOS. 11, 12, 13, AND 14 TO sion if the underlying bill already bans I am disappointed that the substitute AMENDMENT NO. 3 EN BLOC gifts from lobbyists to Members? The does not include some additional gift Mr. DEMINT. Mr. President, I have reason is there has been a concern that and travel rules. I believe there is four amendments at the desk. there could be an end run around this strong bipartisan support for some of The ACTING PRESIDENT pro tem- ban, and this provision will prevent the measures I have in mind. That is pore. The clerk will report the amend- any lobbyist who might think of doing why I intend to support the majority ments by number. so from selling tickets to Members or leader when he offers an amendment to The assistant legislative clerk read staff at a steeply discounted price, pass the gift and travel provisions to as follows: which would effectively be a gift be- which I am referring in a separate The Senator from South Carolina [Mr. cause the discount itself would be a amendment. The House already has DEMINT] proposes amendments numbered benefit in and of itself. passed strict gift and travel rules, and 11, 12, 13, and 14 to amendment No. 3 en bloc. The substitute also improves the pro- I personally hope the Senate will fol- Mr. DEMINT. I ask unanimous con- visions in S. 1 that provide trans- low suit. sent the reading of the amendments be parency for the earmark process. The I am also very pleased that the ma- dispensed with. substitute will strengthen and clarify jority leader has included in this The ACTING PRESIDENT pro tem- the definition of an earmark, to make amendment that I referred to an addi- pore. Without objection, it is so or- sure that it includes targeted tax bene- tional amendment, a strong provision dered. fits and targeted tariff benefits. These on the use of corporate jets. This is a The amendments are as follows: are obviously matters of great impor- controversial, difficult matter. It is an AMENDMENT NO. 11 tance and of value. A targeted tax ben- issue that Senators MCCAIN, FEINGOLD, (Purpose: To strengthen the earmark reform) efit, which is to say a tax cut or a cred- OBAMA, and I wanted to pursue last it, or a tariff benefit often has as much year when we took this up essentially Strike section 103 and insert the following: value, and many times has more value, in its predecessor form, but we were SEC. 103. CONGRESSIONAL EARMARK REFORM. than a specific earmarked appropria- unable to do so once cloture was The Standing Rules of the Senate are tion. So the substitute now strengthens reached on the bill because the amend- amended by adding at the end the following: and clarifies the definition of ‘‘ear- ment was determined to be non- RULE XLIV mark’’ to include those benefits. germane. EARMARKS The improved definition makes clear Under current law this is the reality. ‘‘1. It shall not be in order to consider— that earmarks, as in the bill, include When a Member of Congress or a can- ‘‘(a) a bill or joint resolution reported by a earmarks to non-Federal entities when didate for Federal office uses a private committee unless the report includes a list the money is first funneled through a plane instead of flying on a commercial of congressional earmarks, limited tax bene- Federal entity. That provision address- airline, the ethics rules, as well as the fits, and limited tariff benefits in the bill or in the report (and the name of any Member es what some perceive and have said is Federal Election Commission rules, re- who submitted a request to the committee a weakness in the earmark provisions quire a payment to the owner of the for each respective item included in such in the underlying bill. plane equivalent to a first-class com- list) or a statement that the proposition con- All of this is an attempt by this body mercial ticket. The current rules tains no congressional earmarks, limited tax to take hold of the earmark process undervalue flights on noncommercial benefits, or limited tariff benefits; that was abused by some in the ethical jets and provide, in effect, a way for ‘‘(b) a bill or joint resolution not reported scandals that have occurred here in corporations and individuals to give by a committee unless the chairman of each Congress, and more generally is blamed benefits to Members beyond the limits committee of jurisdiction has caused a list of congressional earmarks, limited tax bene- by others for an escalation in the cost provided for in our campaign finance fits, and limited tariff benefits in the bill of Government without covering those laws. The Reid amendment would (and the name of any Member who submitted costs. eliminate that loophole by requiring a request to the committee for each respec- I have always believed you have to be that the reimbursement be based on tive item included in such list) or a state- direct and forthright about this issue. the comparable charter rate for a ment that the proposition contains no con- It is not that all earmarks are evil. plane. gressional earmarks, limited tax benefits, or There are good earmarks and bad ear- I know there are strong feelings on limited tariff benefits to be printed in the marks, and there are limits to the ear- both sides of that. I appreciate that Congressional Record prior to its consider- marks we want to provide simply be- ation; or Senator REID will put that before the ‘‘(c) a conference report to accompany a cause we can’t afford to provide beyond Senate. I look forward to supporting bill or joint resolution unless the joint ex- that. The attempt of S. 1 and the sub- him in it. planatory statement prepared by the man- stitute laid down by Senators REID and We have some very strong reform agers on the part of the House and the man- McCONNELL is not to stop earmarks but proposals before the Senate. We are off agers on the part of the Senate includes a

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 10, 2007 CONGRESSIONAL RECORD — SENATE S321 list of congressional earmarks, limited tax mittee’s or subcommittee’s website not later ‘‘(A) the date on which the applicable reg- benefits, and limited tariff benefits in the than 48 hours after receipt on such informa- ular appropriation bill for such fiscal year conference report or joint statement (and tion.’’. becomes law (whether or not such law pro- the name of any Member, Delegate, Resident AMENDMENT NO. 12 vides for such project or activity) or a con- Commissioner, or Senator who submitted a tinuing resolution making appropriations (Purpose: To clarify that earmarks added to request to the House or Senate committees becomes law, as the case may be; or a conference report that are not considered of jurisdiction for each respective item in- ‘‘(B) the last day of such fiscal year. by the Senate or the House of Representa- cluded in such list) or a statement that the tives are out of scope) ‘‘(b) An appropriation or funds made avail- proposition contains no congressional ear- able, or authority granted, for a project or At the appropriate place, insert the fol- marks, limited tax benefits, or limited tariff activity for any fiscal year pursuant to this lowing: benefits. section shall be subject to the terms and ‘‘2. For the purpose of this rule— SEC. ll. EARMARKS OUT OF SCOPE. conditions imposed with respect to the ap- ‘‘(a) the term ‘congressional earmark’ Any earmark that was not committed to propriation made or funds made available for means a provision or report language in- conference by either the House of Represent- the preceding fiscal year, or authority grant- cluded primarily at the request of a Member, atives or the Senate in their disagreeing ed for such project or activity under current Delegate, Resident Commissioner, or Sen- votes on a measure shall be considered out of law. ator providing, authorizing or recommending scope under rule XXVIII of the Standing ‘‘(c) Appropriations and funds made avail- a specific amount of discretionary budget Rules of the Senate and section 102 of this able, and authority granted, for any project authority, credit authority, or other spend- Act if contained in a conference report on or activity for any fiscal year pursuant to ing authority for a contract, loan, loan guar- that measure. this section shall cover all obligations or ex- antee, grant, loan authority, or other ex- AMENDMENT NO. 13 penditures incurred for such project or activ- penditure with or to an entity, or targeted to (Purpose: To prevent Government ity during the portion of such fiscal year for a specific State, locality or Congressional shutdowns) which this section applies to such project or district, other than through a statutory or activity. administrative formula-driven or competi- At the appropriate place, insert the fol- tive award process; lowing: ‘‘(d) Expenditures made for a project or ac- ‘‘(b) the term ‘limited tax benefit’ means— SEC. lll. AMENDMENT TO TITLE 31. tivity for any fiscal year pursuant to this ‘‘(1) any revenue-losing provision that— (a) IN GENERAL.—Chapter 13 of title 31, section shall be charged to the applicable ap- ‘‘(A) provides a Federal tax deduction, United States Code, is amended by inserting propriation, fund, or authorization whenever credit, exclusion, or preference to 10 or fewer after section 1310 the following new section: a regular appropriation bill or a joint resolu- beneficiaries under the Internal Revenue ‘‘§ 1311. Continuing appropriations tion making continuing appropriations until the end of a fiscal year providing for such Code of 1986; and ‘‘(a)(1) If any regular appropriation bill for ‘‘(B) contains eligibility criteria that are project or activity for such period becomes a fiscal year (or, if applicable, for each fiscal law. not uniform in application with respect to year in a biennium) does not become law be- potential beneficiaries of such provision; or fore the beginning of such fiscal year or a ‘‘(e) This section shall not apply to a ‘‘(2) any Federal tax provision which pro- joint resolution making continuing appro- project or activity during a fiscal year if any vides one beneficiary temporary or perma- priations is not in effect, there are appro- other provision of law (other than an author- nent transition relief from a change to the priated, out of any money in the Treasury ization of appropriations)— Internal Revenue Code of 1986; and not otherwise appropriated, and out of appli- ‘‘(1) makes an appropriation, makes funds ‘‘(c) the term ‘limited tariff benefit’ means cable corporate or other revenues, receipts, available, or grants authority for such a provision modifying the Harmonized Tariff and funds, such sums as may be necessary to project or activity to continue for such pe- Schedule of the United States in a manner continue any project or activity for which riod; or that benefits 10 or fewer entities. funds were provided in the preceding fiscal ‘‘(2) specifically provides that no appro- ‘‘3. A Member may not condition the inclu- year— priation shall be made, no funds shall be sion of language to provide funding for a con- ‘‘(A) in the corresponding regular appro- made available, or no authority shall be gressional earmark, a limited tax benefit, or priation Act for such preceding fiscal year; granted for such project or activity to con- a limited tariff benefit in any bill or joint or tinue for such period. resolution (or an accompanying report) or in ‘‘(B) if the corresponding regular appro- ‘‘(f) For purposes of this section, the term any conference report on a bill or joint reso- priation bill for such preceding fiscal year ‘regular appropriation bill’ means any an- lution (including an accompanying joint ex- nual appropriation bill making appropria- planatory statement of managers) on any did not become law, then in a joint resolu- tions, otherwise making funds available, or vote cast by another Member, Delegate, or tion making continuing appropriations for granting authority, for any of the following Resident Commissioner. such preceding fiscal year. ‘‘4. (a) A Member who requests a congres- ‘‘(2) Appropriations and funds made avail- categories of projects and activities: sional earmark, a limited tax benefit, or a able, and authority granted, for a project or ‘‘(1) Agriculture, Rural Development, Food limited tariff benefit in any bill or joint res- activity for any fiscal year pursuant to this and Drug Administration, and Related Agen- olution (or an accompanying report) or in section shall be at a rate of operations not in cies. any conference report on a bill or joint reso- excess of the lower of— ‘‘(2) Commerce, Justice, Science, and Re- lution (or an accompanying joint statement ‘‘(A) the rate of operations provided for in lated Agencies. of managers) shall provide a written state- the regular appropriation Act providing for ‘‘(3) Defense. ment to the chairman and ranking member such project or activity for the preceding fis- ‘‘(4) Energy and Water Development. of the committee of jurisdiction, including— cal year; ‘‘(5) Financial Services and General Gov- ‘‘(1) the name of the Member; ‘‘(B) in the absence of such an Act, the rate ernment. ‘‘(2) in the case of a congressional earmark, of operations provided for such project or ac- ‘‘(6) Homeland Security. the name and address of the intended recipi- tivity pursuant to a joint resolution making ‘‘(7) Interior, Environment, and Related ent or, if there is no specifically intended re- continuing appropriations for such preceding Agencies. cipient, the intended location of the activ- fiscal year; ‘‘(8) Labor, Health and Human Services, ity; ‘‘(C) the rate of operations provided for in Education, and Related Agencies. ‘‘(3) in the case of a limited tax or tariff the regular appropriation bill as passed by ‘‘(9) Legislative Branch. benefit, identification of the individual or the House of Representatives or the Senate ‘‘(10) Military Construction, Veterans’ Af- entities reasonably anticipated to benefit, to for the fiscal year in question, except that fairs, and Related Agencies. the extent known to the Member; the lower of these two versions shall be ig- ‘‘(11) State, Foreign Operations, and Re- ‘‘(4) the purpose of such congressional ear- nored for any project or activity for which lated Programs. mark or limited tax or tariff benefit; and there is a budget request if no funding is pro- ‘‘(12) Transportation, Housing and Urban ‘‘(5) a certification that the Member or vided for that project or activity in either Development, and Related Agencies.’’. spouse has no financial interest in such con- version; or (b) CLERICAL AMENDMENT.—The analysis of gressional earmark or limited tax or tariff ‘‘(D) the annualized rate of operations pro- chapter 13 of title 31, United States Code, is benefit. vided for in the most recently enacted joint amended by inserting after the item relating ‘‘(b) Each committee shall maintain the resolution making continuing appropriations to section 1310 the following new item: written statements transmitted under sub- for part of that fiscal year or any funding ‘‘1311. Continuing appropriations’’. paragraph (a). The written statements trans- levels established under the provisions of mitted under subparagraph (a) for any con- this Act. AMENDMENT NO. 14 gressional earmarks, limited tax benefits, or ‘‘(3) Appropriations and funds made avail- (Purpose: To protect individuals from having limited tariff benefits included in any meas- able, and authority granted, for any fiscal their money involuntarily collected and ure reported by the committee or conference year pursuant to this section for a project or used for lobbying by a labor organization) report filed by the chairman of the com- activity shall be available for the period be- mittee or any subcommittee thereof shall be ginning with the first day of a lapse in ap- At the appropriate place, insert the fol- published in a searchable format on the com- propriations and ending with the earlier of— lowing:

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S322 CONGRESSIONAL RECORD — SENATE January 10, 2007 SEC. ll. PROTECTION OF WORKERS’ POLITICAL out of scope. This was designed to from gaining secure access to our RIGHTS. allow Members to object to out-of- ports. This proposal is essential to pro- Title III of the Labor Management Rela- scope earmarks and have them re- tecting our Nation from future ter- tions Act, 1947 (29 U.S.C. 185 et seq.) is amended by adding at the end the following: moved from the conference report, but rorist attacks, and it is overwhelm- ‘‘SEC. 304. PROTECTION OF WORKER’S POLITICAL the Senate Parliamentarian does not ingly supported by Americans. But the RIGHTS. believe this provision is enforceable measure was killed by several unions ‘‘(a) PROHIBITION.—Except with the sepa- against earmarks specifically. that lobbied against it, and they killed rate, prior, written, voluntary authorization My amendment would clarify that it with dues that they forced union of an individual, it shall be unlawful for any out-of-scope earmarks are subject to workers to pay without their consent. labor organization to collect from or assess this new point of order in the Senate My amendment simply requires con- its members or nonmembers any dues, initi- bill as well as rule XXVIII of the sent from union members before his or ation fee, or other payment if any part of Standing Rules of the Senate, which such dues, fee, or payment will be used to her dues may be used to lobby Con- lobby members of Congress or Congressional prohibits adding out-of-scope matters gress. My amendment has nothing to staff for the purpose of influencing legisla- in conference. I believe this is the true do with political contributions. That is tion. intent of the substitute, and I strongly a debate for another day. But as long ‘‘(b) AUTHORIZATION.—An authorization de- encourage my colleagues to support it. as unions force workers to pay dues as scribed in subsection (a) shall remain in ef- My third amendment would prevent a condition of employment, they fect until revoked and may be revoked at the Government from shutting down should get consent from their members any time.’’. when regular appropriations bills are before they use those dues to lobby Mr. DEMINT. Mr. President, I thank not enacted. It would do so by auto- Congress. My amendment would ensure the Senators from Connecticut and matically triggering a continuing reso- that voluntary contributions will be Utah for working with me to get the lution that funds agencies at current the only contributions that can go to- time to offer these amendments. When levels for up to a year. The amendment ward lobbying Congress. similar legislation was considered last would begin automatic funding on the I thank the managers again for work- year, I voted against it because I be- first day of a lapse in appropriations, ing with me to get these amendments lieved it did not do enough in the way and it would end on the day the regular called up so our colleagues can begin of earmark reform. I believe the same appropriations bill becomes law or the reviewing them. I would be pleased to is true for the substitute that is before last day of the fiscal year, whichever work with the managers in scheduling us today, and I am offering these comes first. This would eliminate the additional time to debate and vote on amendments to strengthen the bill and must-pass nature associated with reg- these amendments. try to get it to the point where I can ular appropriations bills which often I yield and suggest the absence of a support it. pressure lawmakers into accepting quorum. My first amendment would enhance spending bills with objectionable ear- The ACTING PRESIDENT pro tem- the disclosure requirements for con- marks. pore. The clerk will call the roll. gressional earmarks, for limited tax I understand that the Democratic The assistant legislative clerk pro- benefits, and limited tariff benefits to leader intends to get all of the appro- ceeded to call the roll. match those proposed in the other body priations bills done before the end of Mr. VITTER. Mr. President, I ask by Speaker of the House NANCY PELOSI. the fiscal year, but there are always unanimous consent that the order for The earmark definition in the sub- unforeseeable events that must be the quorum call be rescinded. stitute is woefully inadequate. It ex- dealt with, and there is always a The PRESIDING OFFICER (Mr. CAR- empts earmarks for Federal entities as chance that we will be faced with hav- PER). Without objection, it is so or- well as earmarks in report language. ing to pass a bad bill or allowing parts dered. According to the Congressional Re- of the Government to shut down. I cer- AMENDMENT NO. 9 search Service, more than 95 percent of tainly do not support Government Mr. VITTER. Mr. President, I ask all earmarks in fiscal year 2006 were shutdowns, and I know my colleagues unanimous consent to call up my found in report language, not in the do not either. My amendment would amendment No. 9 which is at the desk. bill text. In effect, disclosure require- create a safety net that would avoid The PRESIDING OFFICER. Without ments in the substitute could conceiv- the crisis situations that often pres- objection, it is so ordered. ably apply to only 5 out of every 100 sure lawmakers into supporting spend- The clerk will report. earmarks. ing bills that they would not otherwise The assistant legislative clerk read The definition of a targeted tax ben- support. This is a commonsense pro- as follows: efit in the substitute also falls short, posal, and I encourage my colleagues The Senator from Louisiana [Mr. VITTER] as it never explicitly defines what con- to support it. for himself and Mr. INHOFE, proposes an stitutes a limited group of taxpayers. My fourth amendment would prevent amendment numbered 9 to amendment No. 3. Speaker PELOSI’s language, however, labor unions from using a member’s Mr. VITTER. I ask unanimous con- explicitly defines a limited tax benefit dues to lobby Congress without the sent to waive the reading of the amend- as one that is targeted to 10 or fewer prior separate and written consent of ment. beneficiaries. that member. Union dues, like taxes, The PRESIDING OFFICER. Without I do not always agree with Speaker are compulsory for union members. We objection, it is so ordered. PELOSI, but on this issue we are in full all believe Congress must be trans- The amendment is as follows: agreement. The earmark definition parent and accountable in the way it agreed to in the House is by far the (Purpose: To place certain restrictions on spends tax dollars, and we should all the ability of the spouses of Member of most comprehensive definition that is support making unions transparent Congress to lobby Congress) currently being debated, and I encour- and accountable in the way they spend On page 51, between lines 12 and 13, insert age my colleagues to support it. members’ dues. Federal tax dollars the following: My second amendment would clarify cannot be used for lobbying but com- SEC. 242. SPOUSE LOBBYING MEMBER. that earmarks that were not in either pulsory union dues can be used for lob- (a) IN GENERAL.—Section 207(e) of title 18, the House or Senate version of the bill bying. This is a real problem because it United States Code, as amended by section are out of scope when they are added in forces union workers to pay for lob- 241, is further amended by adding at the end a conference report. As my colleagues bying with which they may not agree. the following: know, a lot of earmarks find their way If someone is a member of a trade asso- ‘‘(5) SPOUSES.—Any person who is the into conference reports where they ciation and they disagree with the ac- spouse of a Member of Congress and who was cannot be voted on. This circumvents tions of that group, they can always not serving as a registered lobbyist at least the legislative process, and it fosters 1 year prior to the election of that Member stop paying their dues. This freedom is of Congress to office and who, after the elec- abuse of taxpayer dollars. I am pleased not afforded to union workers. tion of such Member, knowingly lobbies on that the substitute partly addresses I tried on several occasions last year behalf of a client for compensation any this problem by creating a new 60-vote to pass legislation that would bar Member of Congress or is associated with point of order against matters that are criminals convicted of serious felonies any such lobbying activity by an employer of

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 10, 2007 CONGRESSIONAL RECORD — SENATE S323 that spouse shall be punished as provided in family bank account through the nificance of the penalties involved for section 216 of this title.’’. spouse. That is a practice that has been serious violations. (b) GRANDFATHER PROVISION.—The amend- used and abused in the recent past. This amendment is very straight- ment made by subsection (a) shall not apply forward. It says that registered lobby- to any spouse of a Member of Congress serv- Again, this is not a solution looking ing as a registered lobbyist on the date of en- for a problem. ists who fail to comply with the Lob- actment of this Act. We, also, point out there is an excep- bying Disclosure Act—and after that is Mr. VITTER. Mr. President, I thank tion in my amendment. I debated called to their attention, and then they the leaders, the floor managers, all whether to include this exception. I fail to remedy the situation, fail to fix those involved in this important debate can make an argument that we should it, fail to follow other aspects of the for putting this front and center of our not even allow this exception, but to law—the maximum penalty can be business in the new Congress. It is very bend over backwards, to be fair, to an- $200,000. Current law, right now, is appropriate we do so. swer some concerns of other Members, $50,000. I simply think that is too low I hope we all recognize, after the last I included the exception. It says, if this for the most serious violations of the few years, we need a very focused, sin- lobbyist spouse was a lobbyist more Lobbying Disclosure Act, considering cere, determined effort to strengthen than a year before the Member was that in virtually all of these cases the the law, strengthen enforcement, and first elected to the Congress, they can lobbyist is given notice and allowed to rebuild the confidence of the American continue with that activity. In other correct the situation before we ever get people in our institutions. words, someone who legitimately built to this sort of very serious penalty. These two amendments that I bring up a career well before that marriage The underlying bill on the floor, as I to the Senate I hope will do that. They was ever seriously contemplated, can understand it, will propose to increase are part of a package I have intro- continue. Again, I can make an argu- the current law penalty from $50,000 to duced, along with three amendments I ment of no exceptions, but in the inter- $100,000. I think that is obviously introduced and talked about briefly est of bending over backward to meet movement in the right direction but yesterday. some legitimate questions, I included not far enough. My amendment would Let me get to this first amendment that exception. propose changing current law from a today. It is a very simple, straight- I hope all Members of the Senate, Re- maximum penalty of $50,000 to $200,000. forward idea to address what, unfortu- publican and Democrat, will carefully Again, let me emphasize a couple nately, is a very real issue and a very look at this amendment and support it. things. I think there is the wide and real cause for concern by the American This has been and is a practice. It has correct perception by the American people. That is the practice, in some been used and abused in the past. It has people that in a lot of these cases you have a law, you have a violation, and it cases, of spouses of Members of the clearly caused serious concerns among just ends up being a slap on the wrist— House and Senate being registered lob- the American people. It has been in the cost of doing business to a lobbyist byists, making large amounts of money press reports and other disclosures in who is making millions. I think that is in that profession, lobbying at the the last couple of years. same time they are a spouse of a Mem- To say we are doing wholesale lob- true in many cases. That is a real de- fect in the law. We need to correct ber of the House or a Member of the bying and ethics reform, and, oh, by that. Senate. My amendment is very the way, we are not going to touch Secondly, we are talking about a straightforward and says we will not this, we are going to forget about this, maximum penalty—up to $200,000. It allow that. would make a folly of the whole exer- does not mean it has to be $200,000. And The underlying bill addresses that in cise. I encourage all Members of the we are talking about a situation where a very narrow way, to say that spouses Senate to support this concept. a violation is called to a person’s at- in that situation can’t directly lobby Let’s make a clear-cut rule. Let’s get tention and that person fails to comply their own spouse or that Members’ of- rid of this clear conflict of interest to with the law within 60 days, fails to fice. That is great, but clearly a person potential abuses, unusual access to right the wrong by complying with in that situation—a Senate spouse, a Members, as well as the possibility of other provisions of the Lobbying Dis- House spouse—has enormous entre to special interests basically being able to closure Act. other Members, to other offices. My write a big check directly into a Mem- So given all of that, given all of those amendment is broader and says we are ber’s family bank account. circumstances, I think a maximum not going to allow that. Spouses of sit- AMENDMENT NO. 10 TO AMENDMENT NO. 3 penalty—maximum—of up to $200,000 is ting Members of the House and Senate With that, Mr. President, I ask unan- very legitimate and is a change that is cannot lobby. imous consent to temporarily set aside really overdue. Unfortunately, I wish history was that amendment and call up my second Again, I implore all the Members of such that Members could argue this is amendment of the day, amendment No. the Senate, Democrat and Republican, a solution looking for a problem. That 10. to take a good, hard look at this is not the case. This happens. It has The PRESIDING OFFICER. Is there amendment. I think when they do, the happened. It has clearly been abused. objection? vast majority will support it. I cer- There have been instances that have Without objection, it is so ordered. tainly look forward to that. been reported that have caused great The clerk will report. With that, Mr. President, I look for- legitimate alarm and concern by the The assistant legislative clerk read ward to further debate on these amend- American people of this being abused. as follows: ments and certainly votes on these This has come to light in the last sev- The Senator from Louisiana [Mr. VITTER] amendments, and I have received com- eral years. Spouses making large proposes an amendment numbered 10 to mitments for that. amounts of money, bringing that in- amendment No. 3. With that, I yield back my time. come to the family bank account—ob- Mr. VITTER. Mr. President, I ask The PRESIDING OFFICER. The Sen- viously, the Member of Congress is part unanimous consent that reading of the ator yields back his time. of it, participates in it—from lobbying. amendment be dispensed with. The Senator from Connecticut. There is a situation with two funda- The PRESIDING OFFICER. Without Mr. LIEBERMAN. Mr. President, I mental problems. One is a lobbyist objection, it is so ordered. ask unanimous consent that at 11:45 spouse clearly having extraordinary ac- The amendment is as follows: a.m. this morning, the Senate resume cess to other Members and their of- (Purpose: To increase the penalty for failure consideration of the Vitter amendment fices. That is one real problem. The to comply with lobbying disclosure re- No. 7 and that there be 15 minutes of second real problem is maybe even quirements) debate, controlled 5 minutes each for more significant. That is the oppor- On page 34, line 5, strike ‘‘$100,000’’ and in- the majority and minority managers tunity for significant moneyed inter- sert ‘‘$200,000’’. and 5 minutes for Senator VITTER; that ests, special interests, whatever you Mr. VITTER. Mr. President, I think at 12 noon, without further intervening want to call it, to be able to write a this amendment also addresses an im- action or debate, the Senate proceed to check, a big check, in the form of a sal- portant issue in this ethics and lob- vote in relation to Vitter amendment ary that goes directly into a Member’s bying reform debate; that is, the sig- No. 7.

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S324 CONGRESSIONAL RECORD — SENATE January 10, 2007 The PRESIDING OFFICER. Is there American citizen, why should it not be But I also want to say on behalf of objection? the right approach for U.S. Senators, the committee that there may be some Without objection, it is so ordered. House Members, and members of the other proposed amendments that the Mr. LIEBERMAN. I thank the Chair. executive branch? Why do I say that? committee believes need further delib- I yield the floor and suggest the ab- Well, if an average American citizen erate consideration by the committee. sence of a quorum. knowingly and willfully falsifies tax I will be happy to work with my col- The PRESIDING OFFICER. The documents, guess what. They are in a leagues on those, urging them not to clerk will call the roll. heap of trouble and they face much go forward on this bill, but with the The assistant legislative clerk pro- greater potential consequences than a promise that as we address the Office ceeded to call the roll. civil fine of up to $10,000. They abso- of Government Ethics reauthorization Mr. VITTER. Mr. President, I ask lutely face potential criminal charges. and other matters, that we will be glad unanimous consent that the order for So if it is right and appropriate for the to consider those proposals. As the the quorum call be rescinded. average American citizen, certainly hour approaches, I urge my colleagues The PRESIDING OFFICER. Without the same rule should bear on Members to support this progressive amendment objection, it is so ordered. of the Senate, Members of the House, by the Senator from Louisiana. AMENDMENT NO. 7 TO AMENDMENT NO. 3 and members of the executive branch, I thank the Chair and yield the floor. Mr. VITTER. Mr. President, I ask no more or less. What is fair is fair. We Mr. VITTER. Mr. President, I ask for unanimous consent to call up amend- need to be treated like the average the yeas and nays. ment No. 7. American citizen. The PRESIDING OFFICER. Is there a With that, I yield back my time and The PRESIDING OFFICER. The sufficient second? There is a sufficient look forward to wrapping up this de- amendment is pending. second. Mr. VITTER. I thank the Chair. bate. Mr. LIEBERMAN. Mr. President, I Under the previous order, I will talk The PRESIDING OFFICER. Who now yield back all of the remaining about this amendment for 5 minutes yields time? time and suggest that we go forward and then the floor managers will do the The Senator from California is recog- with the vote. same. nized. Mr. President, I explained this yes- Mrs. FEINSTEIN. Mr. President, we The PRESIDING OFFICER. All time terday. It is a very straightforward have no problem with this amendment. is yielded back. The question is on amendment. It simply increases pen- The PRESIDING OFFICER. Is there agreeing to amendment No. 7 offered alties—I think appropriately—for will- further debate on the amendment? by the Senator from Louisiana. ful and knowing misrepresentations on Mrs. FEINSTEIN. Mr. President, I The yeas and nays have been ordered, financial disclosure reports. suggest the absence of a quorum. and the clerk will call the roll. The PRESIDING OFFICER. The As you know, many people in Gov- The legislative clerk called the roll. clerk will call the roll. ernment, including U.S. Senators, have Mr. DURBIN. I announce that the The legislative clerk proceeded to Senator from West Virginia (Mr. to file financial disclosure statements. call the roll. BYRD), the Senator from Hawaii (Mr. That is section 101 of the Ethics in Mr. LIEBERMAN. Mr. President, I INOUYE), and the Senator from South Government Act of 1975. It is very basic ask unanimous consent that the order Dakota (Mr. JOHNSON) are necessarily information about not every detail of for the quorum call be rescinded. our finances, but the broad brush of an The PRESIDING OFFICER. Without absent. individual’s finances. This applies to objection, it is so ordered. Mr. LOTT. The following Senators others, certainly, in the administra- Mr. LIEBERMAN. Mr. President, in were necessarily absent: the Senator tion, executive branch, as well as some about 5 minutes the Senate will vote from Kansas (Mr. BROWNBACK) and the in the judicial branch. on the amendment offered by the Sen- Senator from Idaho (Mr. CRAPO). Section 104 of that act is about the ator from Louisiana, Mr. VITTER. First, Further, if present and voting, the penalties. That says the Attorney Gen- I thank him for offering this amend- Senator from Idaho (Mr. CRAPO) would eral can file a civil suit against any in- ment, which concerns the Ethics in have voted ‘‘aye.’’ dividual who knowingly and willfully Government Act, a law that falls with- The PRESIDING OFFICER (Mr. falsifies that sort of document or in the jurisdiction of the Homeland Se- OBAMA). Are there any other Senators knowingly and willfully fails to report curity and Governmental Affairs Com- in the Chamber desiring to vote? that information. But the maximum mittee, which I am privileged to chair The result was announced—yeas 93, fine under that civil suit is $10,000. Mr. in this session. The penalty provisions nays 2, as follows: President, this can literally be a slap for disclosure violations under that [Rollcall Vote No. 2 Leg.] on the wrist in certain situations. This act, the Ethics in Government Act, YEAS—93 can literally encourage people to fal- have not been addressed in some time. sify documents or not report certain Akaka Dorgan Mikulski Senator VITTER’s amendment begins to Alexander Durbin Murkowski information completely or properly be- do that. I think it does it in an appro- Allard Ensign Murray cause, No. 1, that figure will never be priate way. I intend to support the Baucus Enzi Nelson (FL) noticed or caught; No. 2, worst case, if Bayh Feingold Nelson (NE) Senator’s amendment. Bennett Feinstein Obama it is, it is only $10,000. It may be worth As has been said, and I will repeat it, Biden Graham Pryor paying that and trying to get away the amendment will increase the civil Bingaman Grassley Reed with it versus disclosing certain infor- penalties that already exist under the Bond Gregg Reid mation. Boxer Hagel Roberts act and will create a new penalty for Brown Harkin Rockefeller That is unacceptable. This amend- knowing and willful falsification or Bunning Hatch Salazar ment fixes that. It raises the maximum failure to report, and that is a criminal Burr Hutchison Sanders civil penalty from $10,000 to $50,000, and penalty. Cantwell Inhofe Schumer Cardin Isakson Sessions it allows—doesn’t mandate—the Attor- I note for my colleagues’ benefit that Carper Kennedy Shelby ney General to bring criminal charges the Homeland Security and Govern- Casey Kerry Smith in certain situations, with a maximum mental Affairs Committee intends to Chambliss Klobuchar Snowe penalty of up to 1 year imprisonment. Clinton Kohl Specter take up reauthorization of the Office of Coburn Kyl Stabenow Again, in certain situations, that Government Ethics this year. Cochran Landrieu Stevens would be appropriate and the current I know that some of my colleagues Coleman Lautenberg Sununu law in certain situations, I believe, will are interested in offering amendments Collins Leahy Tester Conrad Levin Thomas actually encourage folks to try to get to this bill, S. 1, related to executive Corker Lieberman Thune away with noncompliance, nondisclo- branch ethics. Obviously, I am happy Cornyn Lincoln Vitter sure. to work with them on these amend- Craig Martinez Voinovich Finally, I ask this simple question in ments to see if any of those might ap- DeMint McCain Warner Dodd McCaskill Webb support of the amendment: If that is propriately be attached to this bill, Dole McConnell Whitehouse the right approach for the average such as the one we are voting on now. Domenici Menendez Wyden

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 10, 2007 CONGRESSIONAL RECORD — SENATE S325 NAYS—2 no connection between Iraq and the at- John’s son, was killed during combat Lott Lugar tacks on 9/11. There were no weapons of operations in the Al Anbar province. NOT VOTING—5 mass destruction. And the theory that He was just 28 years old. Phillip was a America could, through invading Iraq, bright and dedicated young man. He Brownback Crapo Johnson Byrd Inouye establish democracy that would spread was like a son to me. He had a loving throughout the region has proven a wife and a bright future. His death was The amendment (No. 7) was agreed cruel joke. devastating. to. If we knew then what we know now, I know what it is like to wait on the Mr. REID. Mr. President, I move to I would not have voted for the war. If flight line at Dover Air Force Base. I reconsider the vote, and I move to lay we knew then what we know now, I be- know what it is like to weep over the that motion on the table. body of a fallen soldier and family The motion to lay on the table was lieve the results of that vote would member. I know what it is like to es- agreed to. have been different. Indeed, I doubt The PRESIDING OFFICER. The Sen- that we would even be asked to take cort Phillip back from Dover to Mon- ator from Montana is recognized. that vote. tana. I know what it is like to pray for Mr. BAUCUS. Mr. President, I want The administration was not up front a reason, and to become determined to engage the managers here. It is my with us. They presented faulty intel- not to lose. I am not the only Montanan who has understanding I will have time shortly ligence and faulty information, espe- grieved. We are not a large State, but to give a statement on Iraq. I don’t cially about weapons of mass destruc- 14 Montanans have so far lost their want to interfere with the legislation tion. Unfortunately, the quality of con- lives in Iraq, and we grieve for them on the floor, and I am asking whether gressional decisionmaking was no bet- all. In fact, we in Montana send more this would be a good time for that ter than the quality of the information troops to Iraq on a per capita basis statement to take about maybe 15, 20 upon which we relied. Going into Iraq was a mistake. The than any other State in the Nation. minutes. I see no objection. premise was wrong. After September Those men and women who have lost The PRESIDING OFFICER. Without 11, 2001, we had international support their lives have served a noble purpose. objection, it is so ordered. to go after al-Qaida and to find Osama They have taught us lessons in cour- bin Laden. That is the mission we age, and we honor that courage by IRAQ should be strongly pursuing—more speaking out. We honor that courage Mr. BAUCUS. Mr. President, I am strongly. Our resources are incorrectly by admitting that what we are doing is concerned about the deteriorating situ- being exhausted in Iraq. I cannot go not working, and we honor that cour- ation in Iraq. We need to change back and change that vote, but I can age by finding a new direction. course. Let me urge my colleagues to work in a new direction. A change in strategy is not defeat. A consider a few principles for where I be- I first commend our troops. They are change in strategy is a recognition lieve we should go from here. wonderful. They have shown such cour- that things are not working. Moving Like my colleagues, I have received age, such exemplary strength. They are forward, I urge the President and the an outpouring of letters, e-mails, tele- terrific. They removed the tyrant Sad- Congress to consider four principles. phone calls. Montanans are split in dam Hussein. They addressed the po- First, we must not escalate the con- how Americans should proceed, but one tential threat of weapons of mass de- flict. Second, we must train Iraqis to thing is clear: They all want to see an struction. They have done their job stand up for themselves. Third, we end to it. They want to see our men well. We are all proud of them. Their must start bringing our troops home by and women come home. service has been outstanding. No one the middle of this year. Fourth, we On October 20, a man from Cutbank, can argue against their contribution to must engage Iraq’s neighbors and the MT wrote me to say: our national security, and their dedica- world community to find a more polit- Yesterday was a very emotional day for tion to their missions goes unmatched. ical solution. me. I currently have a son serving in Iraq who does house-to-house raids and goes out I believe in giving our soldiers, sail- Let me explain in greater detail. on extended missions. My other son, who ors, and airmen the proper equipment First, I do not support the escalation just joined the Army, informed me that he and tools they need to stay safe and to in the number of American troops. too will now be leaving for Iraq. As native succeed. A year ago, I spoke about our Throwing more troops at the problem— Americans, my sons will be honored when responsibility to get as much funding especially a modest number, up to they return home. We are proud of them. We as possible for the troops. I have criti- 20,000—is not a solution. Escalating the are very proud of our native Americans who cized spending on high-tech weapons war is not a solution. We must not serve as warriors, but I am deeply concerned systems at the expense of boots on the launch a strategy which has no bench- with what they face every day over there. ground. I voted in favor of every De- marks for its success. How long and at Amber, a military wife from Great fense bill and war supplemental since what cost do we add troops to the con- Falls, MT writes: the war began. flict? It is a mistake. I realize that my voice is a voice of mil- I heard of families hosting bake sales The Iraq Study Group is a prestigious lions that call for your assistance. However, to buy body armor. I have tried to do and well-respected group. Secretary of I couldn’t sleep at night knowing I didn’t at everything I could to protect our Defense Robert Gates was a member. least try to do what I think is right. My hus- band along with many others here in Mon- troops. But it is no longer enough. The study group said the current strat- tana is in Iraq right now, and just recently Now our brave troops stand in the egy in Iraq is not working. That is we lost a soldier from Billings. Help us bring crossfire of a civil war. We have lost what this study says. But to this date, the troops home where they belong with more than 3,000 troops in the esca- the President has not implemented any their families who miss them. lating conflict. Just this week, the of the group’s recommendations. In September, Tom Gignoux, from Iraqi Health Ministry reported that President Bush has stated numerous Missoula, MT, a Marine Corps veteran more than 17,000 Iraqis died in the sec- times that he listens to the com- with a Purple Heart wrote me to say ond half of 2006. That is more than manders on the ground. American com- this: three times as many who died in the manders on the ground have reported I no longer support the war in Iraq. I be- first half of 2006. And now, America has that al-Qaida has increasingly gained lieve that mismanagement of the occupation spent more time fighting this war than political influence among the Sunnis. and reconstruction has made the war we spent in World War II. General Abizaid told the Senate Armed unwinnable and is distracting us from the I understand and sympathize with Services Committee: war on terrorism. the Americans who continue to support I believe that more American forces pre- Mr. President, I believe it is time for this war because they do not want vent Iraqis from doing more, from taking re- our combat troops to come home from their family and friends to have died in sponsibility for their own future. Iraq. America entered into this war vain. I know what they feel. I struggled I urge the President to listen to what with motivations that were clearly with that last summer when my neph- General Abizaid said and not just re- honorable, but they were mistaken. As ew Phillip died in Iraq. On July 29, Ma- place commanders who say things he the 9/11 Commission found, there was rine Cpl Phillip Baucus, my brother does not want to hear.

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S326 CONGRESSIONAL RECORD — SENATE January 10, 2007 Second, we should not have an open- must seek increased participation of Plans that have been doing this for 50 ended commitment in Iraq. America other nations both in a political way years are negotiating with drug compa- must make that clear to the Iraqi Gov- forward and also in reconstruction nies in a competitive way to get the ernment. The war is now costing us $2 work. We should redouble our efforts to best prices for Medicare senior citizens. billion a week. That is $2 billion a week reach out to that nation and to our al- To date, the proof is in the pudding. We that is not being devoted to health lies who also have an intense interest have lower bids, we have lower bene- care, veterans’ benefits, or education. in peace in that region and work to- ficiary premiums, lower costs to the There must be a more specific plan. gether toward a responsible exit. Government, and lower costs to our The plan needs to outline how long our In March of 1919, the Emir of Iraq, States. Most importantly, we have training efforts will continue, and the Feisal ibn Hussein, wrote to Supreme lower prices on drugs, meaning senior plan needs to show at what point the Court Justice Felix Frankfurter. This citizens get affordable drugs and low- Iraqis will take over security of their is what he said: income people do not have to choose own country. We feel that Arabs and Jews are cousins in between drugs and food. Remember, Last weekend, Iraq’s Prime Minister, race, having suffered similar oppressions at that was a goal we had in 2003 we Nuri al-Maliki, reiterated the need and the hands of powers stronger than them- passed this legislation. his commitment to getting the Iraqi selves, and by happy coincidence they have I will give some examples of how this security forces to stand up on their been able to take the first step toward the competition has worked. A draft own two feet. America should support mutual attainment of their national ideals together. . . .Indeed, I think neither can be a PricewaterhouseCoopers study found in these efforts. In short, our forces real success without the other. . . .I look 2006 prescription drug plans achieved should stand down so the Iraqi forces forward . . . to a future in which we will help higher savings, 29 percent compared to can stand up. you and you will help us, so that the coun- unmanaged drug benefit expenditures. Third, with a new focus on political tries in which we are mutually interested That is almost 100 percent greater than solutions, the United States should may once again take their places in the com- the 15-percent savings projected by start phased redeployment of combat munity of civilized peoples in the world. Centers for Medicare and Medicaid troops in roughly 6 months, with the That is what the Emir of Iraq wrote Services and almost 50 percent greater goal of having combat forces out of in 1919. than the savings estimated by the Con- Iraq as soon as possible. Our troops are America must renew its commitment gressional Budget Office way back stretched too thin to address emerging to peace in the Middle East. We must when, in 2003, when we all thought if threats around the world. There is work to regain the fleeting sense of op- this program worked at all there would something called opportunity cost. It timism that can lead to political reso- be some savings on prescription drugs is a technical term. But we are so fo- lution. We must be positive. We must for seniors. However, it has turned out cused on Iraq that we are not paying be the leaders that we Americans are. to be much greater savings than we an- attention to other trouble spots in the We must work to stop the spilling of ticipated when we wrote the bill. world as much as we should. We must blood in the land of Abraham. It isn’t often that legislation we not focus solely on Iraq in blindness to I urge President Bush to listen to the write comes back with a better benefit the rest of the world. Iraq Study Group. I urge him to listen to the taxpayers, better benefit to our Our troops are serving their third to commanders such as General seniors or any group or population. and fourth tours in Iraq. Some deploy- Abizaid. I urge him to listen to the Most often there are what we call cost ments have been extended for 12 to 18 American people. It is time for Amer- overruns. months. Some troops no longer have a ica to change its course. It is time for I believe it is fair to say that com- year to spend at home between deploy- a new political effort. It is time to petition is working. ments. I have seen firsthand in Mon- bring the troops home. Yesterday, I talked about how this tana how the Guard and Reserves are I yield the floor. I suggest the ab- whole debate is based on nothing more deployed in record numbers. They have sence of a quorum. than a distortion of language in what served honorably and with my great The PRESIDING OFFICER. The is called the noninterference clause in admiration. But we need them on U.S. clerk will call the roll. the existing legislation. This noninter- soil for homeland defense missions. The assistant legislative clerk pro- ference language was first included in The Active-Duty troops must not be ceeded to call the roll. legislation introduced by many of the overextended. They need to be ready to Mr. GRASSLEY. Mr. President, I ask same people now opposing it, and these deploy around the world. unanimous consent that the order for people tend to be led by Members of the Finally, America must engage Iraq’s the quorum call be rescinded. Democratic Party. neighbors more than we have. The Iraq The PRESIDING OFFICER (Mr. To be clear, that language, the non- Study Group named a peaceful solution WEBB). Without objection, it is so or- interference language that people now to the Arab-Israeli conflict as a major dered. are questioning, that period of time be- potential contributor to the stability Mr. GRASSLEY. Mr. President, I ask tween 1999 and 2003, bills introduced by in Iraq. I strongly agree with that. unanimous consent to speak as in Members in the other party included That will take so much of the terror- morning business. this language and now, somehow, they ists’ energy out of their sails, frankly, The PRESIDING OFFICER. Without do not like it. if we could find a meaningful solution objection, it is so ordered. I want to be clear that the impres- to the Israeli-Palestinian conflict. The PRESCRIPTION DRUGS sions left by opponents of this part of Iraq Study Group said: Mr. GRASSLEY. Mr. President, I am the legislation that we do not have The United States cannot achieve its goals back here today, as I have been other competition, we do not have negotia- in the Middle East unless it deals directly days this week, to talk about the Medi- tions, this language in the legislation with the Arab-Israeli conflict and regional care drug benefit and the debate about does not prohibit negotiations to get stability. whether the Government would do a drug prices down. Negotiations occur They continue: better job of negotiating with drug between private plans and the drug There must be renewed and sustained com- companies than the prescription drug manufacturers regularly. You could mitment by the United States to a com- plans that are doing so this very day not get those percentage decreases in prehensive Arab-Israeli peace on all fronts. under law of the last 21⁄2 years. Over prices I just mentioned—those percent- We have taken too many steps back- the past 2 days, I have talked about the ages that are even greater than per- ward in that conflict. Our invasion of fundamental structure of the drug ben- centages we thought when we wrote Iraq has simply stirred up things way efit. I talked about the heart of it, of the legislation—you would not get too much. It has caused problems. the drug benefit plan, as competition. those without negotiation, you would America’s presence has opened the Plans, with vast experience in negoti- not get those without competition. doors to terrorism and sectarian vio- ating with drug manufacturers, com- I, also, pointed out in earlier speech- lence. pete to get the best drug prices for es, so far, proposals to have the Sec- We must reengage and work toward Medicare. That is what is happening retary of HHS negotiate drug prices peace and diplomatic solutions. We today to benefit our senior citizens. have not been shown to actually save

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 10, 2007 CONGRESSIONAL RECORD — SENATE S327 any money. Our beloved Congressional else can get. By law, that price is auto- with unintended consequences? The Budget Office tells us that they cannot matically 24 percent less than the aver- drug companies eliminated all the deep project savings by having a Govern- age price paid by basically all non-Fed- discounts so that they did not have to ment bureaucrat negotiate instead of eral purchasers. pay as much in mandatory rebates to plans negotiating. Nevertheless, here Isn’t that a nice negotiating tactic? Medicaid. we are, in the new Congress, discussing Pass a law and guarantee yourself a A 1996 study by the nonpartisan Con- this matter once again. discount. The logical questions are, gressional Budget Office examined the What I want to do today is put for- why not have Medicare access the Fed- extent to which the Medicaid laws re- ward a picture of what Government ne- eral supply schedule—because people sult in higher drug prices to everyone gotiations might look like. Admit- who want to do it such as the VA, that else. Listen to what our Congressional tedly, doing this will require some is where it takes you. Why not give Budget Office concluded: speculation. Why is that necessary? It Medicare the Federal ceiling price? Best price discounts have fallen from an is necessary because Democrats have I will refer to a chart because experts average of over 36 percent in 1991 to 19 per- not provided many details on how they have looked at this question, and we cent in 1994. Hence, although the Medicaid actually envision their requirement have assigned the Government Ac- rebate appears on the surface to be attrac- tive, it may have had unintended con- that the Secretary negotiate how that countability Office to look into this. sequences for private purchasers. will work. This is despite the fact that They had a year 2000 report on this. The Federal Government passes a law some opponents of the noninterference They say: to do good, and we find out we end up clause have demagoged this issue for Mandating that federal prices for out- not doing so good. Almost a 50-percent nearly 3 years. After 3 years, they are patient prescription drugs be extended to a reduction in best-price discounts; is still out there saying the noninter- large group of purchasers, such as Medicare that good? A nearly 50-percent reduc- ference clause ought to go, but there beneficiaries, could lower the prices they pay tion in the discounts received by pur- are no details on how their plan will but raise prices for others. chasers such as health plans that serve work. They have given us a few clues In other words, raising prices for ev- erybody else in America that is pur- employers and their employees; is that as to their thinking on how they want good? Of course, it is not. What this chasing drugs. You heard that right: it to work. means is when those deep discounts For the longest time, I heard it said Raise prices on everybody else. went away, the price that everyone that the Secretary of Health and Who would face the higher prices else pays for drugs went up. So those Human Services should have the power under ‘‘everybody else’’? Small busi- mandates, rebates to Medicaid made to negotiate drug prices, as the Vet- nesses, their employees, their families, drug prices for everyone else higher. to name a few. Those higher prices erans’ Administration does. With the Talk about unintended consequences. would likely force employers to reduce Veterans’ Administration as our guide, And we in the Senate who set these their prescription drug benefit or stop let’s talk about the VA’s approach to things up had the right intentions for providing health insurance coverage al- purchasing drugs and then ask you to doing it, but it has not worked out— together. Of course, that is an outcome consider, after you hear this, do you unless you want to look at the good it I surely hope people want to avoid, but want to do it that way? This discussion did to the Federal Treasury and not it may be an outcome that the pro- will be somewhat technical, but I urge count or not discount the harm it did ponents of doing away with the non- listeners to bear with me because we to everyone else who paid higher interference clause are not aware of. Or need to get beyond the Veteran’s Ad- prices. ministration sound bite. Everyone the people that are saying we ought to To state it more simply, when dis- needs to have a good understanding of follow the VA practice may not be counts to a large purchasing group are what this would mean for Medicare. aware, that to save the taxpayers some based on discounts to another, no one It is a fact that the Veterans’ Admin- money you are going to raise the price gets a good discount. That is what the istration uses different purchasing ar- of drugs on everybody else in America, Government Accountability Office said rangements to get discounts on pre- according to the Government Account- in its 2000 report: scription drugs. But there is a big dis- ability Office. Extending the Federal Supply Schedule tinction between these purchasing ar- The Government Accountability Of- . . . could also raise the prices paid by pri- rangements. The Veterans’ Adminis- fice reached its conclusion by exam- vate and federal purchasers, as increases in tration has access to what we call the ining what happened to drug prices prices, manufacturers charged their best cus- Federal supply schedule prices. Under after Congress required drug manufac- tomers would, in turn, increase Federal Sup- the Federal supply schedule prices, the turers to pay rebates to State Medicaid ply Schedule prices. Government guarantees by law that it Programs such as the Federal supply Would opponents of the noninter- must get the best price in the market- schedule, the Medicaid rebate program ference clause believe the congres- place. This means that the Federal sup- guarantees that the Government gets sional agencies, such as the CBO and ply schedule prices cannot exceed the the best price in the marketplace. the Government Accountability Office, lowest price that a manufacturer gives What happened after the law was en- that striking the noninterference in comparable terms and conditions to acted? The best prices went up for ev- clause would not be good? Ironic, isn’t a non-Federal customer such as the eryone else. The practical effect was it, when the Government used price pharmacy benefit manager. Since that twofold: First, the size of rebates for controls to mandate discounts to itself, is technical, I will go over that once State Medicare Programs got smaller. it actually makes prices go up. I will more. Under the Federal supply sched- What the Federal Government wanted go through that again. When the Gov- ule, the Government guarantees by law to accomplish to benefit the States did ernment uses price controls to man- that it must get the best price in the not happen. Second, other purchasers date discounts to itself, it actually marketplace. But what this means is paid higher prices. One might ask why makes prices go up. No person in their that the Federal supply schedule prices that might happen. Here is why: right mind concerned about the Fed- cannot exceed the lowest price that a Drugmakers had to eliminate their eral Treasury or concerned about the manufacturer gives under comparable best prices to private purchasers or cost of drugs to people in this country terms and conditions to a non-Federal face bigger rebates. That happens be- would say that meets the customer, and that could include cause if they gave 1 purchaser a best commonsensical test. But that is what health plans, pharmacy benefit man- price, they then had to give the best happens. agers, and many others. Under Federal price to 50 State Medicaid purchasers. During a 2001 hearing before the Sen- law, manufacturers must list their One discount to a private purchaser ate Committee on Veterans’ Affairs, drug on the supply schedule to qualify could mean millions that a manufac- my colleague, the senior Senator from for reimbursement under Medicaid. turer would be forced to pay in rebates Pennsylvania, Mr. ARLEN SPECTER, Next, the VA can purchase drugs at to the Government. posed a question on this very matter. the Federal ceiling price. Again, the What do you think the drug compa- He asked whether adding Medicare to Government passed a law to guarantee nies did to counteract a well-inten- the VA and Department of Defense pur- itself an automatic discount no one tioned act of Congress which ended chasing mix would produce greater

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S328 CONGRESSIONAL RECORD — SENATE January 10, 2007 bulk discounts. The Veterans’ Adminis- ed that the Veterans’ Administration have the bureaucrat getting in the tration chief consultant for its Phar- created the national formulary to medicine cabinet of a person, of senior macy Benefits Management Strategic achieve two main goals. citizens. We wanted every therapy Health Group answered that adding First, the Veterans’ Administration available. That is the way it is written, Medicare to the Federal Supply Sched- wanted to reduce the variation in ac- and that is the way it is being carried ule umbrella would result in increased cess to drugs across its many facilities out. So I wonder if people who say you drug prices for both the Veterans’ Ad- throughout the United States. In other ought to change this and do it the way ministration and the Department of words, they wanted to put a VA bu- the VA does it know how you are nega- Defense. reaucrat between the doctor and the tively affecting the senior citizens of So, now, in addition to the Govern- patient. Doctors could not subscribe to America. ment Accountability Office and the everything that they thought that pa- The way senior citizens can do it is Congressional Budget Office, the Vet- tient might need because if it was not they have choice. They can enroll in a erans’ Administration weighs in for on the formulary, they could not pre- plan that covers their drugs. They can itself, and the Department of Defense, scribe it. enroll in a plan that allows them to use that doing what repealers of the non- Second, the VA wanted to use the their neighborhood pharmacy. The VA interference clause want to do will ac- formulary as leverage to get lower does not do business with every phar- tually increase drug prices to the Vet- prices for drugs. Let me repeat that be- macist in America. So you are hurting erans’ Administration and the DOD. cause it is important. The Veterans’ your local pharmacist when you do And people want to use the Veterans’ Administration created a national for- business that way. Administration as a pattern to affect mulary to create the leverage it needed Under the Veterans’ Administration Medicare. So that is saying it for the to get lower prices for drugs. programs, veterans do not have a third time. That goes back to the point I made a choice. They cannot choose a different If I could say it for another time, couple days ago. The ability to get plan, and they have to use the VA’s straight from the Veterans’ Adminis- good discounts does not result from the own pharmacy, not the pharmacy down tration’s mouth, itself: Extending VA sheer number of people a purchaser the street. Using a limited number of prices to Medicare would make the buys for. The ability to get good dis- VA-controlled pharmacies and mail- VA’s own drug prices increase. counts comes from how the purchaser order pharmacies also helps keep VA And for one last time, the basic point leverages those numbers. That leverage costs down. they are making is, if you try to man- comes from a purchaser threatening to But one of the things we wanted to date discounts to everyone, then—what exclude a drug from the formulary. So accomplish in the prescription drug I have said a few minutes ago—no one it eventually comes down to threats. bill, Part D, was to make sure the Gov- gets a discount. Now, I am no econo- The Veterans’ Administration uses ernment did not use its leverage to mist, but that is basic economics. And its formulary to say: Give me a better hurt local pharmacists. And we put not only that but it is common sense. price or else—or else we are not going several things in—a requirement you I think I have pretty much laid out to buy your drugs at all. had to have a brick-and-motor phar- why including Medicare in the Federal As I said earlier, the Veterans’ Ad- macist in every plan. So we have some Supply Schedule is not as good an idea ministration was intentionally adopt- requirements to help pharmacies that as its proponents may have made it out ing a private sector strategy when it the VA does not even worry about. And to be. started using a formulary to get lower I have to confess to the community So now I want to go back to how the drug prices. The Medicare prescription pharmacists of America, we still have a Veterans’ Administration uses com- drug plans also use formularies to ne- lot of work to do to help them so they petitive bidding to get the discounts gotiate lower drug prices. The most im- benefit from this program like we in- they say they want to use as a pattern portant thing about the VA formulary tended. There are some unintended for the Medicare Program. is that it is one big national formulary. consequences to what we did, even con- Let me start by giving you an impor- The biggest difference between the sidering the fact we took the commu- tant piece of information. The Vet- VA and Medicare is that beneficiaries nity pharmacists into consideration. erans’ Administration has its own have choices. Under the VA program, then, you do pharmacy benefits manager. More than Let me make that clear. The biggest not have a local pharmacist to go to. a decade ago, as part of a major initia- difference between how the VA does it When they do not use the local phar- tive to improve the care delivered, the and how the plans do it—the plans that macist the way we do, when they use Veterans’ Administration formed a are approved by the Secretary of all these mail-order pharmacies, they pharmacy benefits manager, better Health and Human Services for the hurt the local pharmacist, but they are known around here as a PBM. senior citizens of America and Medi- saving some money. So you will probably wonder why care—the biggest difference is the Also, there is limited access to drugs, they did that. Because, as stated in the beneficiaries have choices. They can limited access to retail pharmacies. VA news release, they wanted to maxi- choose their plans with different That is how the VA works. So do you mize a strategy used by the private formularies. So Medicare bureaucrats want to force that upon the senior citi- sector. You have people who want to are not coming between the patient zens of America? have Medicare do it like the VA does and the doctor like VA bureaucrats are I would like to go to another chart it, but the VA set up a very special pro- coming between the patient and the now. The Los Angeles Times put it best gram because they wanted to learn doctor. You can run into this in your in an article on November 27 of last something from the private sector. town meetings because I had people year. According to the Los Angeles A primary responsibility of the PBM come up to me and complain about the Times: for the Veterans’ Administration was VA: My doctor says I ought to have VA officials can negotiate major price dis- to develop a national formulary. The this drug because the drug that the VA counts because they restrict the number of Government learned that from the pri- wants me to take has side effects. drugs on their coverage list. . . .In other vate sector, the very same people they And they come to me and say: How words, the VA offers lower drug prices but are finding complaints about now. come the VA won’t pay for this drug fewer choices. They wanted to set up a national for- because it is better for me, according So do you want to offer fewer choices mulary. to my doctor? to our seniors? That is not what we A formulary is the list of drugs that And their answer is: Because the VA wanted when we wrote the Medicare a plan will cover. Basically, if your wants to save money. So you have a bill. We wanted to keep CMS bureau- drug is not on the list, it is not cov- Government bureaucrat deciding what crats out of the Medicare medicine cab- ered. is best for your health instead of your inet of every senior citizen. A 2005 article in the American Jour- doctor. So what would it mean if the Govern- nal of Managed Care, coauthored by But the principle behind the prescrip- ment negotiated lower drug prices for the Veterans’ Administration’s staff tion drug bill that Senator BAUCUS and Medicare in a national system like the and university-based researchers, stat- I wrote was that we were not going to Veterans’ Administration? It would

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 10, 2007 CONGRESSIONAL RECORD — SENATE S329 mean having a more limited formulary. gram to join the program of Part D perience of negotiating better prices. And it would mean having the Vet- Medicare. Even though many veterans These Medicare negotiators have prov- erans’ Administration bureaucrat be- have very good drug coverage, almost en their ability to get lower prices. The tween you and your doctor. 40 percent of the veterans with VA ben- Medicare plans are negotiating with So I would go to a chart that would efits and Medicare coverage are en- drug companies using drug formularies make this more picturesque and more rolled in Part D. So when you get be- within the rules set by law, and the clear to you. This chart shows what yond the easy sound bites, when you formularies are basic for that negotia- this would mean. It would mean that get to the facts, applying the VA sys- tion. instead of having 4,300 drugs available tem to Medicare is neither as easy as it Last week on the Senate floor, the to them, beneficiaries would have sounds nor will it likely have the effect Senator from Illinois said that the law about 1,200 drugs available. If Medicare that the proponents suggest. ‘‘took competition out of the program used a national formulary like the VA, It now appears that even they have so that [the drug companies] could it would mean that 70 percent of the begun to figure this out because now, charge whatever they want.’’ That is prescription drugs could not be covered when the rubber hits the road, when not true. We have the 50-year experi- by Medicare. Only 30 percent of the they have to produce something, they ence of the Federal Employees Health drugs covered today would be covered. introduce a bill—and I am referring Benefit Program negotiating for every Then let’s get into some specific now to a bill of the other body—that Federal employee to keep costs down drugs, about major problems we are explicitly prohibits the Secretary from to the citizen as well as to the tax- trying to treat today, such as diabetes creating a formulary. payers. We patterned it something like or cholesterol. There, too, if the Gov- In fact, the Los Angeles Times re- that. And quite frankly, when we pat- ernment negotiated for Medicare like ported last week that a House Demo- terned it for the senior citizens under it does for VA, it would mean fewer cratic leadership aide said, ‘‘We felt we Medicare, I wasn’t entirely sure we drugs covered by Medicare. couldn’t go as far as the Veterans Af- would get all the plans interested, that In the case of treatment for depres- fairs [Department] does.’’ we would have the competition we sion: 65 percent covered; 35 percent not Under the House Democrats bill, ended up having. It has worked beyond covered. In the case of treatment for Medicare can’t have a formulary. As I our expectation. And thank God it did, high cholesterol: 54 percent covered, 46 tried to make clear here today, the because I am not sure we had that kind percent not covered. It seems that by drug formulary is the key to negoti- of expectation out of it. But it sure looking at these drugs, if the Govern- ating lower drug prices. The House worked. Thank God something worked ment used the VA model, our senior Democrats bill prohibits the Govern- a little bit better than we anticipated citizens would not be as well served. ment from having a national for- it would work. Now, maybe you can make an argu- mulary. No formulary means no nego- So we had a Senator saying that we ment we are not treating our veterans tiations, no leverage over drug compa- took competition out of the program. right. We appropriate more money nies. In reality, the Democratic pro- Competition is what this program is all every year for veterans health pro- posal on negotiation actually prohibits about, and that competition is work- grams. And we have to because the the Government from negotiating. ing. Costs are lower. Premiums are needs are there and we made a promise. Under their plan for Government nego- lower. Let me quantify how premiums We have to keep the promise to the tiation, the Government won’t be able are lower, because when we were writ- veterans. But I think veterans watch- to say no to a drug company. With no ing the bill in 2003, we were figuring at ing this could say: Well, why not cover formulary to bargain with, the drug what price, somewhere between $35 and these? Why not cover these? Well, I companies could say something like $40 a month, could we get seniors to have given the reason. We want to save this: No, why should I give you that join. Over that, we would have prob- taxpayers money. But it is completely price if you can’t exclude me or charge lems. Competition has brought it in at opposite what we wanted to accomplish higher cost sharing? $23 last year and $22 this year on aver- under the Medicare bill to serve our At the same time, the House Demo- age. So these organizations remain in senior citizens: everything being avail- crats bill repeals the prohibition on the the best position to get lower prices for able, and to save the taxpayers money Government setting a pricing struc- Medicare beneficiaries and taxpayers. through competitive bidding. ture. So if the Government cannot ne- I yield the floor. This could also mean that bene- gotiate because it can’t have a for- Mr. LIEBERMAN. Mr. President, I ficiaries could not get their prescrip- mulary, if there is no prohibition on thank the Senator from Iowa. tions filled at the most convenient Government price structure, where I suggest the absence of a quorum. pharmacy for them. That is not what does that leave us? Sounds like price The PRESIDING OFFICER. The we wanted when writing the bill. We controls to me. Experience shows that clerk will call the roll. put seniors first. Those who want to re- when the Government sets prices for The bill clerk proceeded to call the peal it, it seems to me, they are put- itself, when it gives itself mandatory roll. ting bureaucrats first, or at least they discount, prices go up for everyone, Ms. COLLINS. Mr. President, I ask are putting bureaucrats between the higher prices for everyone else. Why unanimous consent that the order for doctor and the senior citizen. In many would anyone want that sort of a situa- the quorum call be rescinded. cases, those realities have led Medi- tion? The PRESIDING OFFICER (Mr. LIE- care-eligible veterans to enroll in Everyone always asks, why not have BERMAN). Without objection, it is so or- Medicare drug programs so they will Medicare work like the VA program to dered. have coverage for drugs not covered by get lower drug prices. I think I have Ms. COLLINS. Mr. President, I ask the VA. laid out why that idea might not be as unanimous consent that I be permitted When I held my town meetings as we good as the proponents have made it to proceed as in morning business for were rolling out this new drug pro- sound. Having Medicare work like the not to exceed 5 minutes in order to sub- gram, I had veterans say: Well, does VA could mean fewer drugs covered, re- mit a resolution. this mean I have to get out of the vet- stricted access to community phar- The PRESIDING OFFICER. Without erans program? macies, more use of mail-order phar- objection, it is so ordered. I said: If you are satisfied with the macies and higher drug prices for ev- The Senator from Maine is recog- veterans program, you can stay in it. eryone else. I can’t imagine that is nized. You do not have to do anything. If you what people want. Ms. COLLINS. I thank the Chair. decide later on you want to get into So where does that leave us? The (The remarks of Ms. COLLINS per- one of these programs, you can do it Medicare plans are working today. I taining to the submission of S. Res. 22 without penalty. say that based upon several polls that are located in today’s RECORD under So they had the best of both worlds. show 80 or so percent of the seniors are ‘‘Submission of Concurrent and Senate If they were satisfied with the VA, satisfied. The plans are also delivering Resolutions.’’) keep it. But we have evidence that the benefits to Medicare beneficiaries. Ms. COLLINS. Mr. President, I sug- some of them are leaving the VA pro- These private sector plans have the ex- gest the absence of a quorum.

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S330 CONGRESSIONAL RECORD — SENATE January 10, 2007 The PRESIDING OFFICER. The against Sunni, in a seemingly endless through political channels instead of clerk will call the roll. cycle of grisly violence. Our military through violence. The Iraqis are the The legislative clerk proceeded to must continue the battle against ex- masters of their own destiny, and it is call the roll. tremists and terrorists, but we have no important that our strategy regard Mr. COLEMAN. Mr. President, I ask business being caught in the crossfires them as such. unanimous consent that the order for of an Iraqi sectarian conflict. Since my trip to Iraq in December, I the quorum call be rescinded. The good news is we have had great have been calling for the Iraqi Govern- The PRESIDING OFFICER (Mr. success in fighting the war on terror, ment to establish a series of bench- WEBB). Without objection, it is so or- imposing crippling losses on the inter- marks that will diffuse the sectarian dered. national jihadist network which today violence and stabilize the country po- Mr. COLEMAN. Mr. President, I ask operates in Iraq. Indeed, during my litically and economically. These unanimous consent to speak as in visit in December with marines from benchmarks would include an oil rev- morning business. Minnesota stationed in Anbar, they re- enue-sharing agreement and economic The PRESIDING OFFICER. Without ported they were making great head- assistance to areas that have been ne- objection, it is so ordered. way against the insurgency there. I am glected in the past. The reality is not IRAQ proud of their accomplishments, and I putting resources in Anbar Province Mr. COLEMAN. Mr. President, hav- firmly believe these military victories because it is Sunni, and so as a result, ing recently returned from another directly enhance our security at home. what you get is a feeding of insurgency visit to Iraq serving as a member of the But to secure the ground that these by the actions of a government that Foreign Relations Committee, I come marines have cleared of insurgents in has not been prepared to address the to the floor this afternoon to express places such as Fallujah, they need issue of sectarian violence. We will be my views on the most pressing issue Sunni police officers. They need Sunni a better supporter of the Iraqi Govern- facing our country today: our path to members of the Iraqi Army. They need ment if we pressure them to create and success in Iraq. The Iraq Study Group reconciliation between Sunni and Shia. adhere to these benchmarks rather recently stated the situation in Iraq is So as we continue to fight the first than assuming that this fractured Gov- grave and deteriorating. When the cur- war, the war against terrorists, we ernment will take this on by them- rent path isn’t working, you have to be need also to address the second war, selves. I fear that up to this point the flexible. You have to shift. You have to that of Iraqi against Iraqi. Iraqi leadership has not stepped up to make a change. And, clearly, in Iraq The overall consensus I found in Iraq the plate to make the difficult deci- today we have to make a change. The is that we will be unable to hold on to sions that are necessary to pave the President of the United States, on Fri- the ground we have gained on the first road for a political solution. day, said the same thing. front without addressing the second When I was in Iraq with Senator BILL In December I met with Iraqi polit- front: Iraqi sectarian violence. This vi- NELSON from Florida, we met with the ical leaders, U.S. troops and their lead- olence is spiraling rapidly and is under- Iraqi National Security Adviser to ers, as well as our diplomats on the mining the success we have made Maliki, Dr. Rubaie, who contended that ground. Our conversations with this against the terrorists. If the Iraqi secu- sectarian violence wasn’t the main broad range of individuals helped me rity forces, both Army and police, are problem, but the problem was the for- draw various conclusions that are key to someday soon take over the fighting eign terrorists and was the Sunni in- to evaluating the proposals currently of the insurgency from U.S. troops, it surgency. That is not the case. As a being debated. In light of the Presi- is clear that intergroup violence must Senator responsible for looking after dent’s upcoming announcement of his be brought under control. The Iraqi se- the best interests of my constituents strategy for Iraq, I think it is impor- curity forces must include all Iraqis: and all Americans, I take seriously the tant to share these conclusions. Sunni, Shiite, Kurd, and others. To be responsibility of Iraqi political leaders It is easy to lose sight of the fact certain, our efforts cannot succeed if to honor the sacrifices that are being that we are in Iraq as part of a Global sectarian hatred is not addressed at the made by American soldiers. I refuse to War on Terror. There is no question highest level of the Iraqi Government put more American lives on the line in that Iraq has become the key battle- immediately. Baghdad without being assured that ground of this war. Failure cannot be The only long-term solution for the Iraqis themselves are willing to do an option in either the overall war on bringing stability to Iraq must be cen- what they need to do to end the vio- terror or in Iraq. As the President has tered on national reconciliation. It is lence of Iraqi against Iraqi. If Iraq is to correctly stated, this is the battle of true that after decades of Sunni vio- fulfill its role as a sovereign and demo- this generation. With menacing re- lence led by Saddam Hussein and his cratic state, it must start acting like gimes in Iran and Syria, we cannot dis- regime, the Shiites still have one. It is for this reason that I oppose miss the fact that a failed state in Iraq unaddressed grievances. But this does the proposal for a troop surge. I oppose would lead to much more than chaos not call for, nor permit, neighborhood- the proposal for a troop surge in Bagh- and collapse in that nation. It would by-neighborhood ethnic cleansing, nor dad where violence can only be defined destabilize a critical region of the a refusal to work together for the fu- as sectarian. A troop surge proposal ba- world and, most alarmingly, would cre- ture of all Iraqis. Shiites may be able sically ignores the conditions on the ate a breeding ground for terrorists to win short-term victories through ground, both as I saw on my most re- whose ambitions do not stop at Iraq’s the use of violence, but in the long cent trip and reports that I have been borders. Americans—all Americans— term they will not have a unified coun- receiving regularly since my return. have a direct stake in winning this try if they continue to do so. Iraqi My consultations with both military war. leaders should focus on reining in all and Iraqi political leaders confirms We know the United States will be sectarian groups under the umbrella of that an increase in troops in areas involved in the war on terror for the a national and inclusive political proc- plagued by sectarian violence will not foreseeable future. The question is, ess. This is a solution that can only be solve the problem of sectarian hatred. How do we move forward in Iraq? How led by the Iraqis themselves. A troop surge in Baghdad would put do we fight this war? And, where do we With no doubt, this sectarian vio- more American troops at risk to ad- put our troops? lence was left to grow unchecked for dress a problem that is not a military From my experience in Iraq, I know far too long. Even so, it is not too late problem. It will put more American now, or at least I believe, that we are to get Iraq back to stable footing. But soldiers in the crosshairs of sectarian fighting it essentially on two fronts. it will come from dialogue and polit- violence. It will create more targets. I The first is the war we intended to ical compromise enforced by a central just don’t believe that makes sense. fight: a war against terrorists, pri- government prepared to take on mili- Again, I oppose a troop surge in marily Sunni extremists and foreign tias under the control of religious Baghdad because I don’t believe it is jihadists linked to al-Qaida—foreign sects, clans, and even common crimi- the path to victory or a strategy for terrorists. The other war is a war be- nals. We must get to the point where victory in Iraq. I recognize there are tween the Iraqis themselves: Shiite Iraqi citizens express their views those who think otherwise. The Iraqi

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 10, 2007 CONGRESSIONAL RECORD — SENATE S331 Study Group, in their report, said that for success. Our investment must be which is being offered by myself and they could, however, support a short- tied to their willingness to make the the Senator from Illinois, BARACK term deployment, a surge of American tough choices needed to pave the way OBAMA. The amendment is a very sim- combat forces to stabilize Baghdad or to stability and for them to act on ple amendment but a very important to speed up the training and equipping them. one as we undertake our effort to re- mission if the U.S. commander in Iraq I represent Minnesota, but if I rep- vise the ethics rules of the Congress. determines that such standards would resented Missouri, I think I would sim- The amendment simply requires that be effective. ply say to Maliki: Show me. Show me each Senate committee and sub- I sat with the President with Demo- your resolve. Show me your commit- committee make available on the cratic colleagues and Republican col- ment. Show me that you can, in fact, Internet either a video recording, an leagues. I know that he has weighed do the things that have to be done to audio recording or a transcript of every this heavily, and I know he has looked deal with the sectarian violence, and meeting that is open and that those at this issue for a long time. Appar- then we can talk about enhancing and documents be made public within 14 ently, he has come to the conclusion increasing the American effort. I days of the meeting’s adjournment, un- that, in fact, a troop surge would be haven’t seen it. I don’t see it today, less a majority of the committee mem- helpful. I believe his comments will and as such, I am certainly not willing bers decide otherwise. contain—hopefully contain—discus- to put more U.S. troops at risk. I was surprised, frankly, to realize sions about benchmarks and contain a Mr. President, I yield the floor, and I how difficult it is for all of our con- commitment to do those things to re- note the absence of a quorum. stituents to learn about the work we do build the economy and create jobs so The PRESIDING OFFICER. The in this Senate and Congress because that we get rid of some of the under- clerk will call the roll. most of that work occurs in the com- lying causes and frustrations that feed The assistant legislative clerk pro- mittees of our legislative Chamber. the insurgency. But the bottom line is, ceeded to call the roll. Most of those committee meetings are again, at this point in time, it is sec- Mr. SALAZAR. Mr. President, I ask not broadcast. There are a few occa- tarian violence that I believe is the unanimous consent the order for the sionally that get broadcast on C–SPAN major issue that we face and more quorum call be rescinded. or that are picked up by one of the net- troops in Baghdad is not going to solve The PRESIDING OFFICER. Without works, but that is a rare occurrence. It that problem. objection, it is so ordered. is an exception to receive that kind of As one of the final conclusions to The Senator from Colorado. broadcast. So, as far as the public of share of my experience in Iraq, I would Mr. SALAZAR. Mr. President, what the United States is concerned, most of also like to emphasize the significant is the pending business? the work we do in committees—which role of Iran in fomenting instabilities. The PRESIDING OFFICER. The Vit- is where most of the work actually oc- Across the board, my meetings with ter amendment, No. 10, is the pending curs for our legislative activity—is Iraqi officials revealed that the Ira- amendment. work that actually occurs in the dark. nians are driving instability in Iraq by AMENDMENT NO. 15 TO AMENDMENT NO. 3 While Senate rules require that com- all means at their disposal. We had a Mr. SALAZAR. I ask unanimous con- mittee meetings be open to the public hearing today in the Foreign Relations sent that the pending amendment be and that each committee prepare and Committee and one of the speakers, set aside so that I can offer amendment keep a complete transcript or elec- one of the experts said that it may be, No. 15. tronic recording of all of its meetings, and it is probably clear that, the Ira- The PRESIDING OFFICER. Without it still remains very difficult for citi- nians have a stake in American failure objection, it is so ordered. zens to figure out what actually goes in Iraq and its stability in the region, The clerk will report. on in our committee rooms. According and they feed on that. Indeed, there are The assistant legislative clerk read to one estimate, a transcript or elec- credible reports that Iran is currently as follows: tronic recording is available online for supplying money and weapons to both The Senator from Colorado (Mr. SALAZAR), only about one-half of all Senate com- its traditional Shiite allies and its his- for himself and Mr. OBAMA, proposes an mittee and subcommittee hearings. toric Sunni rivals, all for the purposes amendment numbered 15 to amendment No. Only for one-half of those hearings is of ensuring a daily death toll of Iraqi 3. there made available a transcript that citizens. It is clear the Iranians have Mr. SALAZAR. I ask unanimous con- the public can actually access. That concluded that chaos in Iraq is in their sent the reading of the amendment be number is far too low. There is no rea- direct interest. Iran’s role thus far, not dispensed with. son why, in this day of modern tech- to mention their pursuit of nuclear The PRESIDING OFFICER. Without nology and communications, we should weapons, makes it hard to believe that objection, it is so ordered. not be able to achieve a goal of 100 per- they might suddenly become a con- The amendment is as follows: cent. structive partner in the stabilization of (Purpose: To require Senate committees and I know we often refer to Justice Iraq. subcommittees to make available by the Brandeis because he was one of those I want to point out that my commit- Internet a video recording, audio record- great jurists who really illuminated ment to success in Iraq has not ing, or transcript of any meeting not later our times with some of his wisdom, his changed, nor my willingness to con- than 14 days after the meeting occurs) jewels that have become almost cliches sider options that would realistically At the appropriate place, insert the fol- that captured the moment. I remember contribute toward our goals there. In lowing: Justice Brandeis’s famous line where my trips to Iraq, I have gone with an SEC. ll. PUBLIC AVAILABILITY OF SENATE he said, ‘‘Sunshine is said to be the COMMITTEE AND SUBCOMMITTEE open mind as to what next steps could MEETINGS. best of disinfectants.’’ be taken as we work with the Iraqis to (a) IN GENERAL.—Paragraph 5(e) of rule Those words are as true now as ever. stabilize their country. I have said all XXVI of the Standing Rules of the Senate is We have seen an unprecedented level of along that the stakes of our mission in amended by— secrecy in the legislative process. We Iraq are such that failure is simply not (1) by inserting after ‘‘(e)’’ the following: have seen one-party conference com- an option, and I will only support pro- ‘‘(1)’’; and mittees where, just because you happen posals that will steer the United States (2) by adding at the end the following: to be of the other party, you were not toward victory. Abandoning Iraq today ‘‘(2) Except as provided in clause (1), each allowed to participate in the con- committee and subcommittee shall make would precipitate an even greater surge publicly available through the Internet a ference committee or you were not of ethnic cleansing. It would, as I indi- video recording, audio recording, or tran- even notified that a conference com- cated before, precipitate an episode of script of any meeting not later than 14 days mittee was, in fact, meeting. We have instability and chaos in the region that after the meeting occurs.’’. seen provisions that are slipped into would be in no one’s interest. But my (b) EFFECTIVE DATE.—This section shall conference committee reports that most recent trip to Iraq also reaffirmed take effect October 1, 2007. were not passed by either Chamber. to me that it is the Iraqis who must Mr. SALAZAR. Mr. President, I rise Those kinds of procedures and tactics play the biggest role in any strategy today to discuss amendment No. 15, are often used. That kind of secrecy is

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S332 CONGRESSIONAL RECORD — SENATE January 10, 2007 part of what has caused a lack of con- other of the intangible right of honest serv- the people’s trust. Similar legislation fidence of the American people in our ices of a public official; passed the Senate last year, but stalled institutions in Washington, DC. ‘‘(3) section 1951, if the offense involves ex- in the House. This is a vital first step. The time for secret government is tortion under color of official right; ‘‘(4) section 1952, to the extent that the un- But the most serious corruption can- over. This legislation we have been lawful activity involves bribery; or not be prevented only by changing our considering over the last several days, ‘‘(5) section 1963, to the extent that the own rules. Bribery and extortion are and hopefully will bring to conclusion racketeering activity involves bribery committed by people who are assuming this week or next week, will be a great chargeable under State law, or involves a they will not get caught. These of- first step in making sure we are return- violation of section 201 or 666.’’. fenses are very difficult to detect and ing government back to the people and (2) CLERICAL AMENDMENT.—The table of even harder to prove. But because they integrity back to the processes which sections at the beginning of chapter 213 of attack our democracy itself, they have we oversee in the Congress. title 18, United States Code, is amended by adding at the end the following: to be found out and punished. We can I hope my colleagues can join us as send a signal we don’t believe in cor- ‘‘3299. Corruption offenses.’’. we move forward with this amendment. ruption, that we want it punished. I will quickly add that the amendment (3) APPLICATION OF AMENDMENT.—The amendments made by this subsection shall I was pleased to join Senator PRYOR will create no serious burden for the last week to introduce the Effective committees of our Senate. First, our not apply to any offense committed more than 5 years before the date of enactment of Corruption Prosecutions Act of 2007, committees will have until October 1 of this Act. and I hope that all Senators will sup- 2007 to adjust their practices. Second, (c) INCLUSION OF FEDERAL PROGRAM BRIB- port us and incorporate this important they have three options: They can do ERY AS A PREDICATE FOR INTERCEPTION OF bill into the Legislative Transparency audio, they can do video, they can do WIRE, ORAL OR ELECTRONIC COMMUNICATIONS and Accountability Act. Our legisla- transcript—whichever option they AND AS A PREDICATE FOR A RACKETEER INFLU- tion gives investigators and prosecu- ENCED AND CORRUPT ORGANIZATIONS OF- choose—in order to comply with the tors the tools and resources they need provisions of my amendment. Third, FENSE.— (1) IN GENERAL.—Section 2516(c) of title 18, to go after public corruption. many of the committees are already United States Code, is amended by adding Senator PRYOR is a former attorney posting this information online. after ‘‘section 224 (bribery in sporting con- general. He understands, as I do, as I One central purpose of this bill is to tests),’’ the following: ‘‘section 666 (theft or am a former prosecutor, the need for improve transparency in the legislative bribery concerning programs receiving Fed- such legislation. process. My amendment is an impor- eral funds),’’. First, it would extend the statute of tant step in that direction. I urge my (2) IN GENERAL.—Section 1961 of title 18, limitations for the most serious public colleagues to support this amendment. United States Code, is amended by adding corruption offenses, extending it from 5 I thank Senator OBAMA for his support after ‘‘section 664 (relating to embezzlement years to 8 years for bribery, depriva- of this amendment and I yield the from pension and welfare funds),’’ the fol- lowing: ‘‘section 666 (relating to theft or tion of honest services, and extortion floor. bribery concerning programs receiving Fed- by public officials. The PRESIDING OFFICER. The Sen- eral funds),’’. The reason this is important is these ator from Vermont. (d) AUTHORIZATION FOR ADDITIONAL PER- public corruption cases are among the AMENDMENT NO. 2 TO AMENDMENT NO. 3 SONNEL TO INVESTIGATE AND PROSECUTE PUB- most difficult and time consuming to Mr. LEAHY. Mr. President, I under- LIC CORRUPTION OFFENSES.—There are au- investigate, before you even bring a stand that amendment No. 2 is at the thorized to be appropriated to the Depart- charge. They often require use of in- desk. ment of Justice, including the United States Attorneys’ Offices, the Federal Bureau of In- The PRESIDING OFFICER. Without formants and electronic monitoring, as vestigation, and the Public Integrity Section well as review of extensive financial objection, the pending amendment is of the Criminal Division, $25,000,000 for each set aside and the clerk will report the and electronic records, techniques of the fiscal years 2008, 2009, 2010, and 2011, to which take time to develop and imple- amendment. increase the number of personnel to inves- The assistant legislative clerk read tigate and prosecute public corruption of- ment. Once you bring a charge, the as follows: fenses including sections 201, 203 through 209, statute of limitations tolls. You do not want it to run out before you can bring The Senator from Vermont [Mr. LEAHY], 641, 654, 666, 1001, 1341, 1343, 1346, and 1951 of for himself and Mr. PRYOR, proposes an title 18, United States Code. the charge. amendment numbered 2 to amendment No. 3. Mr. LEAHY. Mr. President, I am Bank fraud, arson, and passport Mr. LEAHY. I ask unanimous con- pleased to join with Senator MARK fraud, among other offenses, all have sent the reading of the amendment be PRYOR to offer an amendment to the 10-year statutes of limitations. Since dispensed with. ethics bill, the Effective Prosecutions public corruption offenses are so im- The PRESIDING OFFICER. Without Act of 2007. Our amendment would portant to our democracy and these objection, it is so ordered. strengthen the tools available to Fed- cases are so difficult to investigate and The amendment is as follows: eral prosecutors in combating public prove, a more modest extended statute (Purpose: To give investigators and prosecu- corruption. It gives investigators and of limitations for these offenses is a tors the tools they need to combat public prosecutors the statutory rules and re- reasonable step to help our corruption corruption) sources they need to assure that cor- investigators and prosecutors do their At the appropriate place, insert the fol- ruption is detected and prosecuted. jobs. Corrupt officials should not be lowing: In November, voters sent a strong able to get away with ill-gotten gains SEC. lll. EFFECTIVE CORRUPTION PROSECU- message that they were tired of the simply because they outwait the inves- TIONS ACT OF 2007. culture of corruption. From war profit- tigators. (a) SHORT TITLE.—This section may be eers and corrupt officials in Iraq to This legislation also facilitates the cited as the ‘‘Effective Corruption Prosecu- tions Act of 2007’’. convicted administration officials, to investigation and prosecution of an im- (b) EXTENSION OF STATUTE OF LIMITATIONS influence-peddling lobbyists and, re- portant offense known as Federal pro- FOR SERIOUS PUBLIC CORRUPTION OFFENSES.— grettably, even Members of Congress, gram bribery, Title 18, United States (1) IN GENERAL.—Chapter 213 of title 18, too many supposed public servants are Code, section 666. Federal program United States Code, is amended by adding at serving their own interests rather than bribery is the key Federal statute for the end the following: the public interests. prosecuting bribery involving State ‘‘§ 3299. Corruption offenses Actually, the American people staged and local officials, as well as officials ‘‘Unless an indictment is returned or the an intervention and made it clear they of the many organizations that receive information is filed against a person within would not stand for it any longer, and substantial Federal money. This legis- 8 years after the commission of the offense, they expect Congress to take action. lation would allow agents and prosecu- a person may not be prosecuted, tried, or We need to restore the people’s trust tors investigating this important of- punished for a violation of, or a conspiracy or an attempt to violate the offense in— by acting to clean up the people’s gov- fense to request authority to conduct ‘‘(1) section 201 or 666; ernment. wiretaps and to use Federal program ‘‘(2) section 1341, 1343, or 1346, if the offense The Legislative Transparency and bribery as a basis for a racketeering involves a scheme or artifice to deprive an- Accountability Act will help to restore charge.

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 10, 2007 CONGRESSIONAL RECORD — SENATE S333 Wiretaps, when appropriately re- cently witnessed, Congress must enact Barry, the Mayor of Washington, was quested and authorized, are an impor- meaningful legislation to give inves- videotaped with existing powers and tant method for agents and prosecutors tigators and prosecutors the resources existing resources at that time without to gain evidence of corrupt activities, they need to enforce our public corrup- the additional information of this which can otherwise be next to impos- tion laws. I strongly urge Congress to amendment. As we have said, both sible to prove without an informant. pass this important amendment as a Jack Abramoff and Duke Cunningham The Racketeer Influenced and Corrupt major step to restoring the public’s are in jail under existing procedures Organizations, RICO, statute is also an trust in their government. and existing resources. important tool which helps prosecutors The PRESIDING OFFICER (Mr. While I certainly do not want to be target organized crime and corruption. BROWN). The Senator from Utah. here characterized as being reluctant Agents and prosecutors may cur- Mr. BENNETT. Would the Senator to pursue wrongdoing, I am not sure I rently request authority to conduct from Vermont yield for some ques- understand why this particular activ- wiretaps to investigate many serious tions? ity is essential now, whether we have offenses, including bribery of Federal Mr. LEAHY. Certainly. any indication that there is a great officials and even sports bribery, and Mr. BENNETT. Mr. President, my deal of Government corruption in both may predicate RICO charges on these first question is whether the Depart- Houses that needs this kind of addi- offenses, as well. It is only reasonable ment of Justice has asked for this and tional attention. If they need more that these important tools also be whether they need these additional re- money because of additional workload available for investigating the similar sources to deal with the challenges. elsewhere, I am more than happy to and equally important offense of Fed- Mr. LEAHY. Mr. President, if I might vote for the more money. I would ap- eral program bribery. answer that, last month the FBI di- preciate it if the Senator from Lastly, the Effective Corruption rected written testimony to the Judici- Vermont would give Members the Prosecutions Act authorizes $25 million ary Committee. When GAO looked at background of why he thinks this addi- in additional Federal funds over each it, the Department of Justice Inspector tional activity is necessary. of the next four years to give Federal General found the numbers had gone Mr. LEAHY. The money will still be investigators and prosecutors needed way down partly because some of the appropriated. Simply authorizing does resources to go after public corruption. resources had been converted to other not appropriate money. I don’t want to Last month, FBI Director Mueller in matters. Regarding financial resources, be in a position where the Committee written testimony to the Judiciary as the distinguished Senator certainly on Appropriations or somebody says we Committee called public corruption the knows, as he is on the Committee on are not authorized. The distinguished FBI’s top criminal investigative pri- Appropriations, enormous amounts of Senator could easily say ‘‘zero.’’ I don’t ority. However, a September 2005 Re- money were diverted to the very dif- want them to say it is a great idea but port by Department of Justice Inspec- ficult setup of the computer system, they cannot authorize it. tor General Fine found that, from 2000 the central system, and the FBI. Hun- We just agreed to an amendment that to 2004, there was an overall reduction dreds and hundreds and hundreds of makes it a crime that already exists in public corruption matters handled millions of dollars literally went down and makes it a misdemeanor. The Sen- by the FBI. The report also found de- the drain, and they have had to start ator from Utah supports that. This is clines in resources dedicated to inves- all over. for prevention of crimes and to make tigating public corruption, in corrup- I understand from Director Mueller’s sure they can be prosecuted. They are tion cases initiated, and in cases for- assertion that there has been an in- not being prosecuted. warded to U.S. attorneys’ offices. creased number of agents investigating I am heartened by Director Mueller’s The Senator mentions the Jack public corruption cases, but it also ap- assertion that there has recently been Abramoff case. We know that is ongo- an increase in the number of agents in- pears that the resources have not been ing, and there were lots of people who vestigating public corruption cases and there. hoped they could wait out the statute If they don’t want it, send it back to the number of cases investigated, but I of limitations on that bad boy. Under the Treasury. What I am concerned remain concerned by the inspector gen- this, they will not. eral’s findings. I am concerned because about, I say to my friend from Utah, I suggest we make these retroactive. the FBI in recent years has diverted re- and he is my friend, I recall in pros- I am suggesting we need enough time sources away from criminal law prior- ecutor days when legislative bodies to investigate. And the FBI has had to ities, including corruption, into coun- would say, Boy, we are going to cut divert so much money—first the hun- terterrorism. The FBI may need to di- down on crime, we are going to give dreds of millions lost because they vert further resources to cover the more crimes increased penalties; that screwed up on the computer system, growing costs of Sentinel, their data will stop crime. And I said, Well, are and they have had to divert a lot more management system. The Department you going to give us the resources to from it. If they want to come up here of Justice has similarly diverted re- catch the people? No, we don’t have and tell us they don’t need this, fine. I sources, particularly from United money for that, but we will double the haven’t heard that from the Depart- States Attorney’s Offices. penalty. ment of Justice at all. I have heard Additional funding is important to The fact is, if somebody commits a from the Inspector General that these compensate for this diversion of re- crime, they figure they won’t get investigations have suddenly gone way sources and to ensure that corruption caught. On some of these sophisticated down in the last 4 years. Maybe there offenses are aggressively pursued. This bribery cases, and I include influence- has been a great new wave of morality legislation will give the FBI, the U.S. peddling cases, they think if they can in this country and we have only seen attorneys’ offices, and the Public In- wait out the short statute of limita- the most egregious cases. I believe in tegrity Section of the Department of tions, the 5-year statute of limitations, the redemption of everyone, but I am Justice new resources to hire addi- they can get away with it. We will at not sure it happens all at once. tional public corruption investigators least increase that to 8 years. It should Mr. BENNETT. Mr. President, I will and prosecutors. They can finally have be out there somewhere near sports look at this amendment with great in- the manpower they need to track down bribery, which I believe is 10 years. terest. I appreciate the sincerity with and make these difficult cases, and to Mr. BENNETT. Mr. President, I which my friend from Vermont offers root out corruption. thank the Senator for his answer. it. These may sound like dry nuts-and- It seems to me this is more of an ap- My first reaction to the increase in bolts measures, but what we are trying propriations issue rather than some- the statute of limitations is that is to figure out is what will actually thing that is relevant to this bill. I re- fairly reasonable. My only immediate allow us to investigate and prosecute member in history that Members of reaction is it gives the impression that the kinds of crimes that undermine our Congress who were involved in AB- there is widespread corruption that is democracy. SCAM were picked up without the ad- not being examined in the Congress. If we are serious about addressing the ditional authority that is in this Mr. LEAHY. This is not just the Con- egregious misconduct that we have re- amendment. I remember Mayor Marion gress; we are talking about the ability

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S334 CONGRESSIONAL RECORD — SENATE January 10, 2007 to go after State officials, for example, ness. These flights enable Members times of war such as this right now, to who are diverting public money. We are from States such as Wyoming, Mon- use these National Guard planes puts a talking about a group that receives tana, and my State of Alaska access to substantial burden on the Guard be- Federal funds and uses bribery to get rural areas. Our State does not have cause so many of their people are de- it, going after or diverting it when the infrastructure found in more dense- ployed. they do. This is not just naming 535 ly populated States throughout the Now, I can recall several occasions Members of Congress but goes further country. Many of our constituents live when I have traveled with other Mem- than that. in communities that cannot be bers on private planes to show them Mr. BENNETT. I appreciate that accessed by road. We need to fly to areas of our State which were subject clarification. I will examine the these remote communities. to important legislation. These trips amendment with great care. Despite this rule, or any other rule, have been invaluable to our delibera- Mr. LEAHY. I suggest the absence of these flights are essential and will con- tions on the floor. a quorum. tinue and must continue to take place. I recall taking a group of Senators on The PRESIDING OFFICER. The This amendment will not provide a CODEL—‘‘congressional delegation;’’ clerk will call the roll. meaningful reform. It will increase the that is ‘‘CODEL’’—to Prudhoe Bay to The assistant legislative clerk pro- amount of money Members need from help them understand Alaska’s oil in- ceeded to call the roll. the Treasury to pay for these flights. dustry. There is no public access to Mr. STEVENS. Mr. President, I ask The taxpayer will foot the bill for the Prudhoe Bay and no commercial unanimous consent that the order for amendment, and the only real change flights. We must fly in on an industry the quorum call be rescinded. will be more money in the pockets of plane. The PRESIDING OFFICER. Without those who own and operate the private We continued the CODEL. After we objection, it is so ordered. planes. got there—we went up by their jet—we The Senator from Alaska. Those representing States with less- took a helicopter flight over the Coast- Mr. STEVENS. What is the pending developed infrastructure and many al Plain of ANWR. Now, that, again, business, Mr. President? geographically remote communities— was about an hour and a half flight, out The PRESIDING OFFICER. The my friends from other rural States and and back, on a helicopter. That flight Leahy amendment is the pending even some large States such as Cali- was on a private helicopter, owned by amendment. fornia—have this problem. It is a some entity within the oil industry AMENDMENT NO. 16 TO AMENDMENT NO. 4 unique problem. It is essential to take there at Prudhoe Bay. Had this pro- Mr. STEVENS. Mr. President, I ask flights into these rural areas because posed amendment been in effect, that unanimous consent that amendment be there are no roads to get there. trip would not have been possible, as set aside so I can offer an amendment In Alaska, almost 80 percent of our the cost of the trip would have been to the Reid amendment No. 4. towns and villages cannot be accessed prohibitive. The PRESIDING OFFICER. Without by road year-round. Even our State Now, other people were going up objection, it is so ordered. capital, Juneau, can only be reached by there anyway and we flew up on their Mr. STEVENS. I have the amend- boat or by plane. There are few sched- plane to Prudhoe Bay. ment at the desk, Mr. President. uled commercial flights a week to On the helicopter, they wanted us to The PRESIDING OFFICER. The many villages in our State. Our State go out and see these conditions where clerk will report. uses planes the way people in the lower drilling would take place. But it would The assistant legislative clerk read 48 use cars, buses, and taxis. not have been possible for the Senators It is literally true. If I took a Sen- as follows: who were our visitors to see this area ator to Bethel, for instance, and want- The Senator from Alaska [MR. STEVENS] firsthand. The area we went to and had ed to go upriver to visit some of the proposes an amendment numbered 16 to them look at is an area that currently mines or the small villages, there is amendment No. 4. is producing 16 percent of our Nation’s only one way to get there, and that is Mr. STEVENS. Mr. President, I ask energy. If you want to go visit that in- by plane, and in many instances a unanimous consent that reading of the dustry in Oklahoma or somewhere like floatplane. But these are still private amendment be dispensed with. that, you would go to a town by com- aircraft and would be banned by this The PRESIDING OFFICER. Without mercial aircraft and you would get amendment—or the actual cost of the objection, it is so ordered. probably in a private car and they The amendment is as follows: operation of the plane would be re- quired to be paid, but I would be paying would drive you out. I doubt that you (Purpose: To permit certain travel within would have to have a helicopter. But State) that from taxpayers’ funds, not from my funds but from the taxpayers’ funds what I am saying is, our conditions re- At the appropriate place in the amendment quire air where other people use buses, insert the following: if this amendment passed. ‘‘(l) Notwithstanding any other provision Flights on private planes are nec- taxis, or private automobiles. of this paragraph or any other rule, if there essary in our State, particularly when There are countless examples of how is not more than one flight daily from a traveling to areas which are only ac- we use these airplanes. For instance, point in a Member’s State to a point within cessible by private planes or by long about 3 years ago, I went along on a that Member’s State, the Member may ac- boat rides in the summertime. Along flight that was going to Bethel, AK. cept transportation in a privately owned air- the great rivers such as the Yukon or This is an area out in the Kuskokwim craft to that point provided (1) there is no the Kuskokwim, you could take a boat. Delta area of our State. The person appearance of or actual conflict of interest, who asked me to go with him wanted and (2) the Member has the trip approved by It would take you several days to wind the Select Committee on Ethics. When ac- up those rivers to go to a village you me to personally experience the use of cepting such transportation, the Member might be able to fly to in 30 minutes. a capstone variant. A capstone is a sys- shall reimburse the provider at either the I use private planes to visit constitu- tem that has revolutionized the airline rate of a first class ticket, if available, or the ents who cannot afford to come to safety industry in our State. In the rate of a full fare coach ticket if first class Washington to visit with our congres- 1990s, for instance, an airplane crashed rates are unavailable between those points.’’. sional delegation. On many occasions, I on average every other day in my Mr. STEVENS. Mr. President, the am asked to come to these villages to State. We had an aircraft-related fatal- current Senate rule requires Members talk to them about their problems, and ity every 9 days. Capstone and these re- to pay the cost of a first-class plane I can only go there by private plane. I lated technologies, which make cock- ticket for travel on a private plane. use private planes to view the condi- pit technology available to the pilot to The amendment does not substantially tions in rural communities and vil- know what is going on and what the reform our lobbying laws, and this lages. For instance, this last October, I threats are, have reduced these air- amendment will place an undue burden visited the village of Kivalina in my plane crashes by 40 percent. on Members from rural States, at great State to view the catastrophic damage The reason I went along was they expense to the taxpayers. caused by winter storms there. wanted me to see that system and to Most Members who take private Now, at times we do have available experience it so I would understand it flights do so to complete official busi- the Air National Guard planes. But in and support the money the FAA was

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 10, 2007 CONGRESSIONAL RECORD — SENATE S335 going to ask for in terms of develop- have to pay for the cost of going in an to see our constituents. When I go west ment of these new technologies. automobile to another town. The effect from Anchorage out to Shemya—that I went out to Valdez several times on of this amendment now would be that is the place where the X-band radar an industry airplane to review the 1989 whenever I use an aircraft that is a pri- was going to be and where the current oil spill in my State, once in a Coast vate aircraft, I would have to repay radars they operate in the North Pa- Guard jet. That was my first flight to from the Treasury, by asking for the cific are, a former large air base that is see that fantastically horrible and funds, to an organization with a plane not very large now—that is 1,200 miles. great disaster. But we went out several that was going to fly there anyway. If I go out farther than that to Adak, it times to try to figure out what to do I think our current rule is very fair. is almost 1,800 miles. If I fly from An- with our oversight of the oil spill itself. It says we pay the operator of those chorage to Unalakleet, the charter rate We went out in a private airplane. I airplanes the equivalent first-class fare under the Reid amendment would be also recently took a flight from Point to travel from point to point in our thousands of dollars. I should go to Barrow, which is at the top of our State. It would be unreasonably expen- places like that at least once a year. I State, the farthest north portion of our sive to apply the provisions of the try to do that. State, over to Nome, which is out on pending amendment to our State. The effect of this prohibition against the peninsula, and it is a flight—there It is particularly burdensome because using these private planes unless we is no scheduled service between those of our Senate rules. I don’t think many pay the charter rate is really very op- two places. It is about 300 miles. If I Members think about this. Our office pressive. had not taken that flight on a private allowances are based on population, Mr. GREGG. Will the Senator yield plane, I would have gone down to Fair- not the distance we travel within our so I may ask a question? banks from Barrow, gone to Anchor- State. We would have to pay from our Mr. STEVENS. I do yield without age, and then flown back up to allowances. And each Senator gets a losing my right to the floor. Kotzebue and come down to Nome. It maximum allowance per year from the Mr. GREGG. I ask unanimous con- actually saved the taxpayers money. Senate. This amendment, if enacted, sent that at the conclusion of the Sen- This was an official business trip that will mean that my budget will run out ator’s remarks, I be recognized. The PRESIDING OFFICER. Without saved the taxpayers money by going in the first month or two of the cal- objection, it is so ordered. the same way on a private plane, and endar year. It would not permit us to Mr. STEVENS. The pending amend- we compensated the owner of that travel to these remote communities ment will not improve the system as plane under the current rule with the throughout the year. It would simply far as those of us from these rural equivalent of a first-class fare between become too expensive to deal with States are concerned. It will hurt our those two places, had there been such a going to these communities to listen to constituents. I think it will punish the scheduled flight in the first place. their complaints and to view them and taxpayers. For instance, the flight from Anchor- to be able to report to the Senate. Some have suggested that raising the age alone to Nome is 540 miles. It is I believe that if a plane is going to a cost of private plane travel is impor- farther than from here to Chicago. I village in the direction I need to go, if tant because it gives the appearance of think that is about 500 miles. Anyway, there is room on that for my staff and fairness. The reason is that citizens if this amendment passes, I have to ask me, we should be able to get on that cannot fly on private planes, so we the Senate, what should we do, those of plane and go see the problems they should not be able to fly on them, ei- us who represent rural areas such as want us to see. And it is reasonable to ther. The difference is that a private this? I don’t think the Senate expects compensate them at what it would cost citizen in my State doesn’t have to go us not to respond to a constituent’s re- to fly on a commercial flight, if there to Kivalina, doesn’t have to go to Una- quest, particularly an organized area was one. That is what we have been lakleet, doesn’t have to go to these such as a village or a city, to come doing. I have never had a complaint places where changes are taking place view the conditions in their area when from anyone in my years here in the as we speak. The whole Arctic is they believe they need Federal assist- Senate traveling under the existing changing because of the current cir- ance. We have to take planes to get to rule. Taxpayers, however, should not cumstances. I think the Senate is such areas. have to pay outrageous costs for us to going to hear more about that. But as Last October, I visited several com- do our business. these changes take place, we must go munities along the west coast of Alas- As a matter of fact, as I said, once we there. We must try to take people from ka that had been damaged by severe have exhausted our allowances, and the administration there. We must try storms, and we used a combination of coming from a State that has a small to get the Corps of Engineers and other commercial, charter, and private air- population but is enormous, this is agencies to go with us to see what can craft. We worked out what was the best going to be an enormous burden on be done to meet the problems our con- advantage to the Government and used those of us who represent our State. stituents face. different types of aircraft as we went I have hesitated to try to get an ex- I don’t think there are many Sen- on that trip. I saw firsthand the prob- emption for Alaska. I am not doing ators who would have to visit four or lems of erosion that are going on there that. The amendment I have before the five communities in one weekend that and learned about the needs of those Senate will continue the current rule are so far apart. We usually only have places, particularly the problems these but would say that we can travel on a a weekend to make trips such as this. villages will face in the future if con- privately owned aircraft to the point If those of us who have to do this have tinued erosion takes place and they where there is not commercial service, to pay this charter rate, it is not our have to move back from these barrier but we would have to go to the Ethics money, this is official business. If this islands on which they live. My charter Committee and show there is no ap- amendment passes, I will be asked to cost alone, one way from Kotzebue to pearance or actual conflict of interest spend part of the allowance I get to run Bethel, was $1,500. That was the char- in taking the trip, and the trip would my Senate office at enormous cost to ter cost which we paid on the equiva- have to be approved by the Ethics Com- pay the full cost of flying the plane on lent because there was no scheduled mittee. I think that gives it a trans- a charter rate even though there are flight there, a 3-hour flight, more than parency. We not only will report after other people in that plane who are al- triple the total cost for commercial we take the trip, but we will get ap- ready going on company business and and private flight combined. Had this proval of the Ethics Committee before they are willing to take us along on amendment been in effect, there would we take the trip. the basis of paying what would be the have been no way that I could have jus- There is a lack of commercial air equivalent in terms of a commercial tified spending taxpayers’ money for service in many areas in the lower 48 rate. this type of transportation cost. that this would apply to, the larger We need transparency. I support If a Member from another State is States in the West in particular. We that. We want to try to do this without going from one town to another and just do not have frequent flights be- additional burden to our taxpayers. I someone is going to drive there, there tween our communities that other think we should disclose flights on pri- is no provision that anybody would States enjoy. We travel great distances vate planes, and we do. We disclose

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S336 CONGRESSIONAL RECORD — SENATE January 10, 2007 them. Today we disclose. Under the with Senator DEMINT and a number of would have liked to have handled this, current rule, we disclose whom we paid colleagues—about 25 of them. which we felt overreached the author- when we go on these flights. From my Mr. GREGG. This amendment we are ity of the executive significantly, and point of view, we ought to look at this offering is what we call the second look we have basically set that language amendment from the point of view of at waste amendment. It is a child of aside and moved forward with this lan- appearances, but it really is not totally the original line-item veto, although it guage, which is more restrictive on ex- appearances. It is necessity. If this is not a line-item veto. As the Congress ecutive rights. It truly retains the amendment passes, we will face the dif- will remember, we passed the line-item right of the legislative branch to con- ficult choice of either flying to remote veto in the early 1990s and gave Presi- trol the spending issues. But it does communities at considerable cost to dent Clinton that authority. He actu- ask us, as the legislative branch, to the taxpayer or to the State and the ally used that authority. It was chal- take another look at things that may developed communities or failing to do lenged in court and was found to be un- be of questionable interest. Of course, the duty to those we represent who live constitutional. But that line-item veto if both Houses don’t approve the re- in these remote areas. I think Alaska was passed rather strongly by this Con- quest from the President, the spending has probably the most pressing prob- gress and by the Senate, and it was a stays in place. So it is one of these lems of any State in terms of the bipartisan effort, which I hope this will light-of-day amendments that tracks changes that are coming back because be, to try to allow the executive branch very closely what is being proposed in of global climate change. There is no more opportunity to address omnibus both Houses in the area of earmarks. question about that. bills around here. It is an attempt to address what is a We will do everything we can to as- This proposal that we put forward is common event, which is a cluster or a sist a Senator who faces problems such not like the line-item veto because it significant earmark not necessarily in- as that but not do it in a way that will doesn’t have the same constitutional dividually directed but maybe more ex- increase substantially the cost to the impact. It is truly a second look at pansive, that is put in a bill that the taxpayers and reduce our ability to do waste amendment, where we basically executive simply can’t not sign and the our jobs as Senators. If I have to use say to the executive branch that if you Congress can’t not pass. So it is an at- this money to take those trips to these get one of these omnibus bills filled tempt to basically bring some trans- small cities, I will not have the money with different initiatives—and these parency, light of day, on some of what to do the things I would normally do— bills can be hundreds of pages long and occurs around here and is referred to as for instance, flying from here to Alas- can involve hundreds of billions of dol- occurring in the middle of the night. ka. The same funds that are available lars of spending and massive amounts It is an initiative which has very to us to pay these charters flights are of authorization, and it is not unlikely strong support by a large number of the funds I use to fly to Alaska. that there is going to be a fair amount groups. A few would be the Chamber of I parenthetically say, Mr. President, of activity put in there because some- Commerce, the Center for Individual when I came here, a Senator was al- body knows it is an omnibus bill and Freedom, the Concord Coalition, Amer- lowed two trips a year. One to come they know it is going to have to pass icans for Tax Reform—groups that are down and go back and another to go and go forward, and even though the interested—the National Taxpayers home. Today, many of us make 10, 15, language put in may be questionable as Union—groups that are interested in 20 trips. One time, I made 35 trips home to purpose, policy or as to just plain having more discipline over the fiscal to my State of Alaska because there waste, it gets stuck in this—baggage process of this Government. were so many problems and things we thrown in the train as they say—that All this is is another disciplining had to do. It was not for campaigning baggage can never be looked at. The mechanism. It actually gives the exec- or an election year, it was to talk to President has no capacity to take an- utive branch the opportunity to come people about problems they were fac- other look at this. Congress ends up forward and say, listen, do you want to ing. with the vote—and we get one vote, do this? Did you want to spend this I don’t think this amendment is part usually, on these types of bills; some- money in this way? If the Congress of lobbying reform. I understand the times in the Senate we get more shots concludes that, yes, it did, the matter need to find some way to deal with it. at it. They are not scrutinized at an in- is over. In fact, it takes an affirmative I, also, believe we should have some ex- tensity level that they should be. action of the Congress to confirm the ception in the amendments that deals So this second look at waste lan- decision of the executive or the request with the problems we face, where we guage essentially says that the Presi- of the executive to pursue this course cannot travel except by the use of pri- dent can, on four different occasions of action of not spending this money. vate planes. I hope the Senator from during the year, send up what amounts The original Presidential proposal California will take occasion to look at to an enhanced rescission package, would have allowed them to send up this amendment. I know that being a where if he has gotten bills that have numerous rescission requests, which Californian, there are problems she had in them things the executive could have tied the Congress up tech- faces, too, but not on the regular basis branch deems to be inappropriate, most nically and practically for months. that we face, in terms of dealing with likely wasteful spending or spending This avoids that. It is very limited. Alaska. that is unnecessary or maybe counter- They can only send up four, and one I yield the floor. productive even, he can ask the Con- has to come up with a budget. The The PRESIDING OFFICER. The Sen- gress—or she, maybe in the next original request from the executive ator from California is recognized. round—to take another look at that branch would have said that they could Mrs. FEINSTEIN. Mr. President, I spending, and there is a fast-track pro- withhold spending on something that know there is a unanimous consent cedure where that goes to a vote. they decided to send a rescission up on agreement of the Senator from New The savings, should they occur as a for up to 180 days, with the practical Hampshire. Would he allow me to an- result of rescission—and it is presumed effect being they could have withheld swer the Senator from Alaska? that all rescissions will involve sav- spending almost forever. Mr. GREGG. Yes, I will do that. ings—will go to deficit reduction. The This bill dramatically shortens that Mrs. FEINSTEIN. On the face of this, language itself is essentially modeled to 45 days or until Congress acts. It is I don’t have a problem with it. after language that was offered as a similar to a BRAC approach, in other Mr. STEVENS. I thank the Senator. Democratic substitute by the Demo- words. It says you tell us what you Mrs. FEINSTEIN. I appreciate the cratic leadership back when we were think should be rescinded. We will act smile. It is a rare one. debating the original line-item bill within a short timeframe. If we dis- The PRESIDING OFFICER. The Sen- President Clinton ended up having the agree or decide not to act in a way that ator from New Hampshire is recog- authority to use. So we have tried to is consistent with your request, then nized. structure it in a bipartisan way, using the matter is over and the money gets AMENDMENT NO. 17 bipartisan language and verses—for ex- spent. If we agree, the rescission occurs Mr. GREGG. Mr. President, I rise to ample, the language originally sent up and both Houses must concur in the re- offer an amendment to this bill, along by the White House as to how they scission.

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 10, 2007 CONGRESSIONAL RECORD — SENATE S337 So this is an exercise in good Govern- Mr. President, giving the President strained to raise at the appropriate ment, in transparency, and it is an ex- enhanced authority to seek rescission time. ercise in trying to give the American of new spending will help ensure that Why do I say this is a bad idea? Be- people the information they need on taxpayer dollars are not wasted on ear- cause it has virtually nothing to do bills that are very complex and some- marks that are not national priorities. with budget discipline, and it has vir- times have a lot of questionable activ- Since the Supreme Court struck down tually everything to do with increasing ity buried in them, to give them an- the Line-Item Veto Act of 1996, the the power of the President. That is other chance to have those decisions number of earmarks has significantly what this is about. reviewed. It is an exercise in fiscal dis- increased. The line-item veto has a I hope colleagues understand that cipline because the money saved goes long history of bipartisan support. At this provision, if adopted, would actu- to deficit reduction. least 11 Presidents from both parties ally undermine the chances to do some- As I said, it has very strong support. have called for the authority to address thing about our long-term fiscal imbal- I hope that my colleagues will join us individual spending items wrapped into ances. People listening may wonder: in supporting this. I see that the Sen- larger bills. These Presidents include How can that be? How can the line- ator from South Carolina has joined us Grant, Hayes, Arthur, Roosevelt, Tru- item veto in any way endanger a long- on the floor. He has been a strong man, Eisenhower, Nixon, Ford, Reagan, term agreement on entitlements? Let spokesperson for this initiative. Bush, and Clinton. Additionally, the me say why. I send my amendment to the desk. Governors of 43 out of 53 States already Tucked away in this little legislative The PRESIDING OFFICER. Without have this authority. offering that has been casually brought objection, the pending amendment is Mr. President, the Senator’s proposal to the floor without going through the set aside without objection. is also consistent with the Constitu- Budget Committee first are provisions The clerk will report. tion. In its 1998 ruling striking down that would allow the President to tar- The legislative clerk read as follows: the Line-Item Veto Act of 1996, the Su- get any agreement reached on a long- The Senator from New Hampshire (Mr. preme Court concluded that the act term solution to our entitlement chal- GREGG), for himself, Mr. DEMINT, Mrs. DOLE, ‘‘gave the President the unilateral lenges. So we could have—and we are Mr. BURR, Mr. CHAMBLISS, Mr. THOMAS, Mr. power to change the text of duly en- working to achieve now—a long-term SESSIONS, Mr. MCCONNELL, Mr. LOTT, Mr. acted statutes.’’ However, this amend- agreement to face up to the demo- KYL, Mrs. HUTCHISON, Mr. CORNYN, Mr. graphic tsunami that is coming at us. ALLARD, Mr. CRAPO, Mr. BUNNING, Mr. VIT- ment does not raise those constitu- We could engage all of this year in re- TER, Mr. BROWNBACK, Mr. ALEXANDER, Mr. tional issues because the President’s CRAIG, Mr. MCCAIN, Mr. SUNUNU, Mr. ENZI, rescissions must be enacted by both solving those matters in a bipartisan Mr. MARTINEZ, Mr. COLEMAN, Mr. GRAHAM, Houses of Congress and signed into law. way—Democrats and Republicans and Mr. VOINOVICH, proposes an amendment This amendment has been dramati- working together—and then the Presi- numbered 17. cally curtailed so that even supporters dent could come in the backdoor and Mr. GREGG. Mr. President, I ask of congressional earmarks can support cherry-pick those provisions with unanimous consent that reading of the it because it limits the President to which he disagrees. amendment be dispensed with. four rescission packages a year. The If my colleagues want to undermine The PRESIDING OFFICER. Without fast-track mechanism is similar to the negotiation, the bipartisan nego- objection, it is so ordered. what we use for BRAC, as well as free tiation that needs to occur here on (The amendment is printed in today’s trade agreements. Rather than forcing long-term entitlements, if they want to RECORD under ‘‘Text of Amendments.’’) Americans to accept a foot-tall omni- endanger that enterprise, adopt this Mr. GREGG. Mr. President, I yield bus spending bill with thousands of amendment, hand that power to the the floor. earmarks, this amendment will give President. If they want to instead en- The PRESIDING OFFICER. The Sen- the President a second look at waste so gage in a serious negotiation, forget ator from South Carolina. we can all protect American taxpayers. about this amendment, and let’s get Mr. DEMINT. Mr. President, I rise in This is an important amendment. We about the work of preparing a plan to support of the amendment offered by know that earmarks have gotten way deal with our long-term fiscal chal- Senator GREGG. This amendment would out of control and must be reduced. lenges. But if anybody thinks we are establish a legislative line-item veto. Without this commonsense provision, going to enter into a seriatim negotia- The American people sent a clear this bill cannot be serious about ad- tion in which we first negotiate in good message in November that they were dressing earmarks, as well as the cor- faith on both sides to achieve a long- tired of a broken system that wasted ruption that is associated with them. term solution and then we hand the their hard-earned money on pork The Senator’s amendment is very President the ability to come and cher- projects. They want us to make the sound, and I urge my colleagues to sup- ry-pick the whole thing, forget it. That tough decisions and end the ‘‘favor fac- port the amendment. is not going to work. tory,’’ where taxpayer money goes to Mr. President, I yield the floor. We already know what the Presi- the highest bidding lobbyist. The PRESIDING OFFICER. The Sen- dent’s policies have done to our fiscal The legislative line-item veto strikes ator from North Dakota. outlook. The deficits on this Presi- at the heart of this ethics dilemma. It Mrs. HUTCHISON. Mr. President, dent’s watch have exploded. He inher- gives the President the ability to strip will the Senator yield? I ask unani- ited a balanced budget. He promptly special spending and earmarks out of a mous consent that following the re- put us in deficit and then in record bill and send them back to Congress for marks of Senator CONRAD, I be recog- deficits for 2003 and 2004, 2005, the third an up-or-down vote. By doing this, it nized to speak in support of the amend- worst deficit in our history, and some allows the administration to work with ment. improvement last year. Congress in a constructive way to re- The PRESIDING OFFICER. Without These have been enormous deficits duce wasteful spending, to reduce the objection, it is so ordered. and deficits that understate the prob- budget deficit and ensure that taxpayer The Senator from North Dakota. lem because last year while the deficit dollars are spent wisely. Mr. CONRAD. Mr. President, this is was $248 billion, the addition to the The Senator’s amendment permits one of the all-time worst ideas to be debt was $546 billion. I find when I talk the President to submit to Congress brought to the Chamber. First, it has to my constituents that they are very proposals to cancel specific appropria- no place on this bill. This bill is about surprised by this enormous difference tions, as well as items of direct spend- ethics reform. What our colleagues between the size of the deficit and the ing and targeted tax benefits. Both the have brought is a budget matter, with- additions to the debt. The biggest rea- House and the Senate would have to out taking it to the Budget Committee son for the differences is the $185 bil- vote on each Presidential proposal, first, without hearings, without a lion of Social Security money that was without amendment, within a short chance for review, without a rec- taken last year to pay other bills. timeframe. But the proposed rescission ommendation. As a result, it is subject I have said to my constituents: If could not take effect unless approved to a budget point of order which, if anybody tried to do this in the private by Congress. other action is not taken, I will be con- sector—tried to take the retirement

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S338 CONGRESSIONAL RECORD — SENATE January 10, 2007 funds of their employees and use it to Not only do newspaper editorialists their most basic power over to the President. pay other operating expenses—they and the CBO Director cast doubt on the Shameful, just shameful. would be on their way to a Federal in- significance of this with respect to the I think it is shameful. More than stitution, but it wouldn’t be the Con- question of fiscal discipline, Senator shameful, this, I believe, is a funda- gress of the United States, it wouldn’t GREGG said this last year: mental threat to the negotiation which be the White House. They would be Passage of [the line-item veto] legislation must occur in this body and in the headed for the big house because that would be a ‘‘political victory’’ that would other body and with the President of is a violation of Federal law. not address long-term problems posed by the United States. That is a negotia- The combined result, in terms of our growing entitlement programs. tion on the long-term fiscal imbalances debt, of these fiscal policies has been to The Budget Committee chairman of this country, including Medicare, increase the debt of the country by also said: Social Security, Medicaid, and the more than 50 percent through last . . . it would have ‘‘very little impact’’ on structural deficit as well. year, and we are headed for another $3 the budget deficit. If we are to engage in good faith on trillion of debt over the next 5 years if He was being a truthteller then, and that negotiation, we simply can’t be the President’s policies are pursued. I think it is the truth now. subject to a circumstance in which That is a combination of increases in George Will, the conservative col- once that negotiation is completed, the spending and reductions in revenue. umnist, made this point: President is free to cherry-pick which On the spending side, the President It would aggravate an imbalance in our part of the deal he will allow to move inherited a budget that was spending constitutional system that has been growing forward. That would completely under- about 18.4 percent of GDP. We are up to for seven decades: the expansion of executive mine the ability to have this negotia- 20.4 percent of GDP last year. This is a power at the expense of the legislature. tion. very significant increase in spending Those are words. Let me put it into a Let me just end by making these and, of course, revenue has stagnated. real-life example. If we give this power points. One, this proposal represents an Only last year did we get back to the to the President, what is to prevent abdication of congressional responsi- revenue base that we had in the year him from calling up Senator CONRAD bility. Two, it shifts too much power to 2000. While there has been significant and saying: You know, Senator, I know the executive branch with little impact revenue growth in the last 2 or 3 years, you represent a State that is rural. I on the deficit. Three, it provides the even with that we are only now back to know that rural electric cooperatives President up to a year to submit rescis- the revenue base we enjoyed in 2000. are critically important to delivering sion requests—up to a year. It requires On the question of whether this line- electricity in your rural areas. I know the Congress to vote on the President’s item rescission is going to make a dif- you have a provision in a recent appro- proposals within 10 days. It provides no ference with respect to the deficit, here priations bill that would address safety opportunity to amend or filibuster pro- is a USA Today editorial from last year concerns on those systems. You know, posed rescissions—no opportunity to on the line-item veto. The editorial we are looking at the line-item rescis- amend. Sometimes I really don’t know states: sion package that I might be sending what our colleagues are thinking. It al- . . . [T]he line-item veto is a convenient up, and I would like to be able to help lows the President to cancel new man- distraction. The vast bulk of the deficit is you on that proposal you have to im- datory spending proposals passed by not the result of self-aggrandizing line items, prove the safety of rural electric sys- Congress such as those dealing with infuriating as they are. tems, but, you know, separately I have Social Security, Medicare, veterans, And make no mistake, I am for dis- a judge who is coming up for confirma- and agriculture at the very time we are ciplining the notion of these line tion. I know you have said some harsh poised to enter into a negotiation on items, these individual items that things about that judge, that you don’t those very matters. Members stick into appropriations want to approve him. I don’t want to If there were ever an ill-considered bills. Senator MCCAIN and I had a legis- suggest in any way these things are amendment, inappropriate to the un- lative proposal last year to discipline linked, but, Senator, I need your help derlying legislation, this is it. I urge that process. The line-item veto before on the confirmation of that judge. Sep- my colleagues to either support a budg- us makes very little difference. arately—I don’t want to connect these et point of order against this matter The deficit is primarily caused by unwill- two at all—I also am reviewing this because it violates the budget rules ingness to make hard choices on benefit pro- package of rescissions and would very very clearly or support a tabling mo- grams or to levy the taxes to pay for the true tion to get on to the business of pass- cost of government. much hope I wouldn’t have to include your provision to make rural electric ing this ethics reform proposal. But to This is the Roanoke Times, a news- mix budget issues with ethics reform paper in Virginia, from last year. They systems in your State more safe and more secure. has the entire matter confused and fun- pointed out: damentally threatens the opportunity . . . [T]he president already has the only I think I would get the message. That tool he needs: The veto. That Bush has de- is exactly what we don’t need: to hand to do what must be done, which is for clined to challenge Congress in five-plus more power to this President; frankly, Democrats and Republicans together to years is his choice. The White House no as far as I am concerned, to hand more consider long-term entitlement reform. doubt sees reviving this debate as a means of power to any President, more power to I thank the Chair, and I yield the distracting people from the missteps, mis- put leverage on individuals in the Sen- floor. calculations, mistruths and mistakes that ate and the House to bend to the will of The PRESIDING OFFICER. The Sen- have dogged Bush and sent his approval rat- the White House. They already have ator from Texas is recognized. ing south. The current problems are not sys- Mrs. HUTCHISON. Mr. President, I temic; they are ideological. A line-item veto enough power down there. American Enterprise Scholar Mr. rise today to speak in favor of the will not magically grant lawmakers and the amendment, but I do think that some president fiscal discipline and economic Ornstein said this about the line-item sense. veto: of the points that have been made are valid. I am supporting this amendment They are not alone in that assess- The larger reality is that this line-item because I believe it is important that ment. Here is the previous CBO Direc- veto proposal gives the President a great ad- we do everything possible to put re- tor. He is actually still the CBO Direc- ditional mischief-making capability, to straints on spending and go back to the tor, will be until his successor takes of- pluck out items to punish lawmakers he doesn’t like, or to threaten individual law- balanced budget we had before terror- fice some time later this week or per- makers to get votes on other things, without ists struck our country in 2001. I think haps some time next week. Here is having any noticeable impact on budget that is so important that passing an what he said: growth or restraint. amendment to try for 4 years—and it Such tools, however, cannot establish fis- More broadly, it simply shows the lack of does have a 4-year sunset provision—to cal discipline unless there is a political con- institutional integrity and patriotism by the sensus to do so. . . . In the absence of that majority in Congress. They have lots of ways see if we can give the President the au- consensus, the proposed changes to the re- to put the responsibility of budget restraint thority to do some big overall cuts is a scission process . . . are unlikely to greatly where it belongs—on themselves. Instead, good idea, but I did do it with some res- affect the budget’s bottom line. they willingly, even eagerly, try to turn ervation.

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 10, 2007 CONGRESSIONAL RECORD — SENATE S339 I supported the line-item veto that capability to give the President the au- that. That is the beauty of our con- was passed by the Congress in 1996. I thority to go in and look at projects he stitutional framework, that balance of supported it because I thought it would believes don’t meet the national need, power. provide fiscal restraint. I think it was and he is elected by the people of our I also have a responsibility to my misused, and I was very pleased when country. I believe letting him have four constituents who elected me to make the Supreme Court overturned it. I said different times to come to Congress sure that my State is treated fairly. I I would never vote for it again because and rescind may be too many. I hope am proud of what we have been able to I believe the Constitution is very clear that number could be brought to two. I do, and I want it in the open. I believe that Congress has the purse strings. would think the OMB and the Presi- reform is necessary, and I am going to That is how James Madison phrased it dent would be able to see, during two support the amendment. But if this in the Federalist Papers: the power of different budget or appropriations amendment does go into effect, I would the purse is in Congress. That is where analyses, that a project wouldn’t meet urge this President and the next Presi- the budget is passed to go to the Presi- the President’s standards, and then it dent who will have this vast authority dent, and I believe we should uphold could come back to Congress and Con- to use it wisely and judiciously because our part of the Constitution. gress can say we disagree with the that is the only way it will have the ef- Earmark reform is important, and President or we agree with the Presi- fect we are all intending it to have. the most important part that I hope we dent. It is the coming back to Congress Mr. President, I yield the floor. will pass is transparency. It is impor- that is the change from the original The PRESIDING OFFICER. The Sen- tant that people be willing to stand up line-item veto that was passed in 1996 ator from Michigan is recognized. and say: Yes, I did this earmark. and which should allow the Supreme Ms. STABENOW. Mr. President, I Let me just tell my colleagues how I Court to affirm this rescission process. rise today to oppose the Gregg amend- operate on the Appropriations Com- I think it is worth a try. But I also ment because as a member of the Budg- mittee with regard to my State. Obvi- would say for the record that we are et Committee, as we have watched this ously, as chairman of the Military Con- going to have President Bush for 2 develop and as we worked on it last struction and Veterans Affairs Sub- years and we are going to have a new year in committee, I believe it is too committee and now as its ranking President for 2 years, the duration of broad and not in the public interest. member, I pass appropriations that this amendment if it passes and goes I am not opposed to line-item veto. come from the President and from the into law. I think that will be a good In Michigan, when I was in the State Pentagon for military installations. test. Congress will then have the right legislature for 16 years, we had and But I also take care of my State—that to come back and say it has worked have a line-item veto, but it is a very is what I was elected by my constitu- well, it has cut spending, it has narrowly crafted line-item veto in a ents to do—and I balance the needs of prioritized better. Frankly, maybe very different setting. We have a ger- the cities in my State. So if the biggest some people won’t put earmarks in maneness rule in Michigan that cer- need in Houston, TX, is the dredging of bills if they are not proud that the ear- tainly we do not have here, where topic the port because it is such an economic marks serve a national interest, and by topic is taken up separately, or leg- engine for Houston, that is what my maybe that in itself will bring down islation separately. We here work in a major priority for Houston is going to the number of earmarks and the spend- larger format where we are many be. On the other hand, for Dallas, it is ing. times—most of the time—negotiating going to be the Dallas Area Rapid But the bottom line is that we are on very complex legislation, and fre- Transit Authority or the Trinity River a trajectory to have a balanced budget quently we have a number of different flood control project, and that is my because we are setting budget limits on issues and interests coming into the major priority for Dallas. And it goes what we appropriate. We always do same bill, and it creates a very dif- on that way. I balance so that the that, and then we reconcile. And we ferent climate in which this is being major needs of my cities are met and have been able to keep the economy discussed. their highest priorities are met. But it strong and bring down the unemploy- Also, this is a very broad application, doesn’t mean they get everything they ment rate by keeping the tax cuts we and I believe too broad. Let me give my ask for. The lower priorities will not be gave the American people in 2001 and colleagues an example. The amend- met. 2003. Unemployment is at an all-time ment would give the President unprec- If we turn this over to the executive low. So I think we are exercising fiscal edented powers to dramatically weak- branch, how is the employee sitting at restraint, particularly in light of the en any legislation we might put to- the Department of Transportation fact that we have had some major hits gether that would strengthen Social going to know that the major need of on our country that have required us to Security or Medicare or any other Dallas is DART and the major need of spend money—hits such as 9/11, the war areas of mandatory spending such as Houston is over in the Interior Depart- on terror, which is the most important veterans’ benefits or other areas where ment or the Energy Department or the security issue facing our country, and we have critical needs. Let’s suppose Corps of Engineers? How are those two Hurricane Katrina and the rebuilding for a moment that we come together, people in Federal agencies who have of New Orleans and Mississippi. We and this is the way it is always done, never been to Dallas or Houston going need to do those things and do them and we negotiate an agreement around to know that the first priority is some- well. We know that. Despite all of Social Security or around Medicare, thing besides what they are giving those added expenditures, we have half and as always, it is a give and take. them? That is my job. That is what I the deficit that was built up after our Let’s say, for instance, around Medi- do. I am proud of it, and I want it to be country was hit by terrorists, and we care, it is a provision where the indus- transparent, and that is the reform are on the way to bringing it lower, try receives certain things they would which we should enact. and that is our goal. It must be our like to see happen, and on the other So I don’t want to just continue to goal. I think this amendment can help side, those things that are important hear that earmark reform is pork bar- us in furthering that goal. for people, for seniors, for the disabled, rel spending reform. Spending is spend- So I am going to support it. It has for those trying to be able to afford ing. If it is done in the executive changed since the first time the Sen- medicine, we negotiate things there branch or if it is done by Congress, it is ator from New Hampshire introduced that allow prices to go down or more spending, and hopefully we have a sys- it. I didn’t support it in the beginning. competition or better benefits. But tem that funds the top priorities. He has made changes that make it then it goes to the President, and I believe there are projects that are more palatable to a Member of Con- under this particular bill the President not in the national interest that go gress who is trying to uphold the right will be allowed to go into that legisla- into appropriations bills. That is why I of Congress under the Constitution, tion and veto certain parts of an agree- think some reining in of the process which I believe is my responsibility to ment that the Senate and the House through this amendment can be a good do. I must uphold the rights of Con- made to come up with something that thing, and it is why I have supported it gress in order to keep the three was balanced, that would allow legisla- and am supporting it. It does have the branches equal, as much as we can do tion to happen. The President will be

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S340 CONGRESSIONAL RECORD — SENATE January 10, 2007 able to come in, for instance, and de- strong support on both sides of the If Lyndon Johnson had the line-item veto cide to keep the provisions of the phar- aisle for fiscal responsibility and pay- he would have turned into an emperor. maceutical industry, an industry he go legislation and begin to make tough We must preserve the rights of the has been very close to, and at the same decisions about what is in the interests legislature against that kind of thing. time he might then strike out provi- of America, what is in the interests of What Senator GREGG has proposed is sions regarding negotiation or im- our businesses trying to do business not a line-item veto. I know the press proved benefits or something else that and stay in America, of our families described it as such, but this will not might help seniors or people and put who need jobs and health care and be the first time the press has inac- pressure on the industry to have a want to know they can send the kids to curately described something that is more competitive pricing system. college and breathe the air and drink going on here. Under the terms of Sen- This is something that I believe we the water and all of those things that ator GREGG’s amendment, the Presi- should not, in good conscience, allow are critical to our quality of life. We dent is limited in the number of things to happen. It is our job to sort through have a lot of tough decisions to make. he can send back to us. They can be all of the pieces of the legislative proc- But one strategy is not to create this overturned with a simple majority vote ess, all the complexities, all the com- broad tool for the President to be able rather than the standard veto two- peting needs. If we come up with some- to undermine anything that we are thirds. And it is not an abrogation of thing that is balanced and supported doing together on a bipartisan basis to congressional authority. It simply by this Senate and the House of Rep- get to agreement, to be able to move gives the President the right to say, on resentatives and it is sent to the Presi- things forward. selected issues: Do you really want to dent, the President should not be able I am very concerned particularly at do this? I have looked this over. I found to go in and cherry-pick which provi- this time with this type of legislation. this, this, and this that strike me as sions of a compromise he supports or I speak a lot about Medicare. I know particularly egregious. Do you really does not support. the distinguished Chair is also deeply want to do this? And by a majority This particular amendment in this concerned and involved in health care vote the Congress can say: Yes, we proposal would undermine the very in- issues and Medicare. We want very really do. And it is done. tent of Congress. In the case of Medi- much to be able to see change occur, So it is not a line-item veto. It is care, I believe it would create a situa- change that is good for our seniors, simply a review of a relatively—not relatively, an absolutely narrow, few tion where it is impossible for us, cer- change to make health care coverage number of items. tainly within this time and this admin- and prescription drugs more affordable I am not sure I would have crafted it istration, to move forward on many and make sure our businesses, large that way. I am not sure this is going to positive things that are necessary to and small, have the capacity to com- make much difference. But it does not improve Medicare for seniors or to ad- pete effectively in Michigan and be have the potential for the kinds of mis- dress Social Security in a way that able to afford health care for their em- chief that Senator CONRAD talked keeps Social Security secure for the fu- ployees. I am very concerned this kind about. I agree with Senator CONRAD, I ture. of proposal would enable the President am a new convert—not new anymore. I Also, it is important to say that this to come in in support of those interests am a firm convert against the line- is not a necessary tool to reduce the he supports, that I believe are on the item veto. But I think the kind of addi- deficit. In fact, we, on both sides of the opposite side of what we are trying to tional executive review subject to a aisle, have been speaking about reduc- do, unfortunately, in the health care majority vote to overturn in Congress ing the deficit. On this side of the aisle arena, and allow him to undermine any that Senator GREGG has proposed is not our distinguished incoming chairman effort that we make to go forward to- going to threaten the foundations of of the Budget Committee has been our gether. People are desperately asking the Republic or even the stability of leader on speaking out through that that we move forward and get some- this institution. For that reason I will committee, as has our leader in this thing done on the issues that are crit- support the amendment. Senate. Senator REID has spoken out ical to them, that matter to them. The PRESIDING OFFICER. The Sen- and made pay-go a priority, fiscal re- Again, I rise to oppose the Gregg ator from California. sponsibility a priority for us coming amendment. I encourage colleagues to Mrs. FEINSTEIN. Mr. President, if I into this new year. We will soon adopt do the same. We stand together and we may, I listened carefully to the re- what is called pay-as-you-go legisla- can move forward together around fis- marks of the ranking member, a friend tion that basically says, if we decide to cal responsibility. This is not the way for whom I have great respect and with spend dollars, whether it is in the form to do that. This gives unprecedented whom I hope to work very closely. I do of a tax cut or in new spending of some power and flexibility to the President disagree on this. kind, we have to pay for it. for him to undermine what we need to I have watched Senator CONRAD, now, It is the same thing that any family do together in order to solve big prob- for more than a decade. He is usually or any business has to do: figure out lems and get things done for people. armed with charts when he comes to how you are going to pay for it. We are The PRESIDING OFFICER. The Sen- the floor or a committee or a caucus. I the ones who have committed, as part ator from Utah. have never ever found him to be wrong. of our agenda, our priority: to bring Mr. BENNETT. Mr. President, I have I don’t think there is any person in this this huge deficit under control and try enjoyed this debate on this amend- body who knows better what he is to get our arms around some fiscal re- ment. At the risk of sounding like doing than Senator CONRAD. I have sponsibility in this Government. We wishy-washy Charlie Brown, I agree been just unusually proud of his leader- have put that forward and that will with both sides; that is, I agree with ship on the Budget Committee. play a major role, reinstituting pay-go. Senator CONRAD absolutely on the line- My objection to this amendment— Unfortunately, our colleagues on the item veto. I came to the Congress sup- and I agree with Senator BENNETT; I other side of the aisle have blocked porting the line-item veto. I voted for was an original supporter of the line- this for 6 years. During that time we the line-item veto. Then I watched how item veto. This is a different day right have seen deficits go up and up and up President Clinton used the line-item now. It is a different situation. Dif- and decisions being made that have veto. What Senator CONRAD had to say ferent issues are at stake in a line-item added to the spending of this country. is exactly right. When the Supreme veto. This is an ethics bill. We are talk- We have seen policies that turned a Court struck it down and Senator BYRD ing about lobby reform and earmark $5.6 trillion surplus created under the and Senator Moynihan both talked reform and we want very much to have Clinton policies into record deficits. about how glorious a day it was for the a bipartisan bill. We are not going to Now we understand that we are at a Congress that the line-item veto had have a bipartisan bill if we get into crossroads in this country. It is abso- been stricken, I took the floor and said: campaign finance reform and line-item lutely critical that we bring fiscal re- I am converted. I agree with you. I will vetoes and a number of other issues sponsibility and we begin to turn this never vote for the line-item veto again. that are beginning to percolate. around. But this proposal in front of us I remember Senator Moynihan say- It is my hope that we could keep this does not do that. I hope we will see ing, bill restricted to ethics, restricted to

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 10, 2007 CONGRESSIONAL RECORD — SENATE S341 lobby reform, earmark reform, those unprecedented ninth full term in the and circumstances. I hope that we will things that are properly before this Senate. And I was also elected, just reflect that same reasonableness in our body. That is the only way we are days ago, by my colleagues to serve as treatment of one another and our deal- going to get a broad consensus that is President pro tempore of the Senate, a ings with one another here in the Sen- going to survive a conference and come position fourth in line in the order of ate and studiously avoid overly arbi- back with something all Members can succession to the Presidency of the trary, artificial, sometimes uncon- support. United States. scionable and bloodless decrees that I am going to begin to move to table I have cast, as of 11:59 a.m. this are such an ill fit for a legislative body items that are outside of the germane morning, 17,779 rollcall votes. And the in which each Member carries such tre- issues of this bill in the hopes that we vote I was prevented from casting mendous burdens and responsibilities could keep this broad, bipartisan sup- would have made that number 17,780. under the U.S. Constitution. port. The last rollcall that I missed in cast- I yield the floor and suggest the ab- The underlying bill from which we ing a vote was on March 30, 2006. It was sence of a quorum. have already moved away with the sub- 5 days after my darling wife of nearly The ACTING PRESIDENT pro tem- stitute amendment passed this body 69 years had passed away. early last year by a vote of 90 to 8. The And so I rise at this time not to pore. The clerk will call the roll. substitute amendment seeks to tough- blame anybody or to lecture anybody, The assistant legislative clerk pro- en it. Again, the substitute confines but I do feel that I owe an explanation ceeded to call the roll. itself to matters within the bill. I must to the people of West Virginia why I Mrs. FEINSTEIN. Mr. President, I say that I think it is ill-advised to missed the vote. I take these matters ask unanimous consent that the order come forward with some of these very seriously. And I want to explain for the quorum call be rescinded. amendments. At an appropriate time I to the people, who rightfully expect me The ACTING PRESIDENT pro tem- will rise to begin to move to table to do on this day of January 10—and on pore. Without objection, it is so or- them. every other day that the Senate has dered. I yield the floor. rollcall votes—they expect me to be Mrs. FEINSTEIN. I ask unanimous I suggest the absence of a quorum. here and to answer the rollcall. The PRESIDING OFFICER. The I well understand the need to avoid consent that at 5 o’clock today, the clerk will call the roll. undue delays in transacting the peo- Senate vote in relation to the following The assistant legislative clerk pro- ple’s business. As majority leader of amendments in the order listed and ceeded to call the roll. the Senate from 1977 to 1981, and from that there be 2 minutes between the Mr. DORGAN. Mr. President, I ask 1987 to 1989, I had to wrestle with such votes equally divided: the Vitter unanimous consent that the order for issues myself. It is very difficult to ac- amendment No. 5 regarding Indian the quorum call be rescinded. commodate the schedules of 100 Sen- tribes and the Vitter amendment No. 6 The PRESIDING OFFICER. Without ators and to get the Nation’s business regarding family members; that the objection, it is so ordered. time until then be divided as follows: 2 Mr. DORGAN. Mr. President, I under- done expeditiously. I know all about that. I have been down that road. I minutes each to Senators BENNETT and stand we are waiting to lock in votes. FEINSTEIN and 5 minutes for Senator I was asking the chairman of the com- have had my feet in those tracks be- fore. VITTER. mittee if I might speak for 6 or 8 min- But I hope that as Senators, who The ACTING PRESIDENT pro tem- utes in morning business while we are serve in a body that reveres tradition, pore. Without objection, it is so or- waiting to hear back. seniority, debate, deliberation, experi- dered. I ask unanimous consent to speak for ence, and common courtesy, we try to 8 minutes in morning business. The Senator from Utah. avoid sacrificing an understanding of The ACTING PRESIDING OFFICER AMENDMENT NO. 6 (Mr. CARDIN). Without objection, it is individual Members’ circumstances and constitutional obligations as we aim Mr. BENNETT. I yield my 2 minutes so ordered. to the Senator from Maine. (The remarks of Mr. DORGAN per- for efficiency in our work, which we taining to the introduction of S. 242 are know that the Senate is not expected The ACTING PRESIDENT pro tem- printed in today’s RECORD under to be, and never will be—never has pore. The Senator from Maine is recog- ‘‘Statements on Introduced Bills and been—an efficient body. That is not the nized. Joint Resolutions.’’) way legislation is done in a body such Ms. COLLINS. Mr. President, I thank Mr. DORGAN. Mr. President, I yield as ours where we do have free and open my colleague from Utah. the floor. debate. I rise in opposition to the amend- There is no Senate rule mandating The ACTING PRESIDENT pro tem- ment offered by the Senator from Lou- the length of time for rollcall votes. I pore. The Senator from West Virginia. isiana that would restrict the ability of think we have to be careful and consid- Mr. BYRD. Mr. President, I rise at a campaign to hire the spouse or child erate in putting constraints on votes. this moment to discuss a vote earlier of a candidate. I just don’t see why we While I wholeheartedly support efforts today which began at approximately 12 would want to get into the issue of to avoid unduly dragging rollcall votes, noon on the Vitter amendment to the whom a candidate can put on his or her I also hope that we will not forget the Legislative Transparency and Account- payroll. As long as it is a fully dis- common courtesies for which this body ability Act of 2007, S. 1. closed expense, which it would be Had I been permitted to vote, I would has for more than 200 years afforded its through campaign finance reports and have voted for the Vitter amendment. Members, especially when Senators are campaign disclosures, then the voters Now, why do I say ‘‘permitted’’? Why making every effort to get to the floor can judge whether it is appropriate. In do I say ‘‘had I been permitted to and are only a few minutes away from some cases, it may be appropriate; in vote’’? I say it because even though I appearing here to cast a vote. No real some cases, it may not. Why should we was in the Capitol Building and on my reason exists to deny this Senator a bar the ability of a family member to way to the Senate floor, and even right to represent his constituents, as I work for a candidate? I don’t see the though my staff had so advised the was elected to do. point of that. Democratic cloakroom and was told Surely we do not need to coldly sac- that I had time to get to the Senate rifice our regard for Members who, This isn’t a case where taxpayer dol- Chamber, the leadership arbitrarily after all, are only human and who ex- lars are being used and you might want closed the vote before I could get to the perience the travails of life which be- to make sure that you are following floor. That action prevented me from fall many human beings—we have traf- some antinepotism rules. This is a doing my constitutional duty to rep- fic; we have head colds; we have infir- campaign. resent the people of my State of West mities or unexpected emergencies— As it happens, I have never had a rel- Virginia. I was not more than 5 min- when only a slight accommodation ative on my campaign payroll. I should utes from the Senate Chamber. would assist them. After all, we do— perhaps make that clear. But many Next year, Mr. President, I will begin when I use the pronoun ‘‘we,’’ I include times when people are starting out, my 50th year of service in the Senate. myself—represent real people and we running for public office the first time, In November, I was elected to serve an purport to understand human needs it is family members who are willing to

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S342 CONGRESSIONAL RECORD — SENATE January 10, 2007 work on the campaign at very minimal I urge all Members of the Senate to voted on through a motion to table is pay in order to help their relative win solve this problem in the only way that with regard to the clear loophole in the race. is practical, which is to draw a red line, campaign finance law about Indian I don’t see this creating a problem. I create a clear prohibition so that we tribes. We have talked about this and think it is a mistake for us to legislate avoid those abuses which have unfortu- debated this. This has been widely rec- in this area. I urge opposition to Sen- nately happened in the past. ognized for quite some time. It is a ator VITTER’s amendment. I urge Members of the Senate to vote loophole in the law that allows tribes I thank the Chair. against the motion to table. to give to candidates directly, includ- The ACTING PRESIDENT pro tem- I yield back my time. ing gambling proceeds, without any ne- pore. Who yields time? Mr. LEVIN. Mr. President, while I cessity of forming a PAC and going The Senator from California. am troubled by the potential questions through those rigorous requirements Mrs. FEINSTEIN. I yield to Senator raised by the employment of a family that corporations, labor unions, and VITTER if he wishes, and then I will member on a campaign committee or other entities have to do. This is a wrap up. leadership PAC, I will support the The ACTING PRESIDENT pro tem- loophole that has been widely recog- chairman of the Senate Rules Com- pore. The Senator from Louisiana. nized and needs to be closed. Mr. VITTER. Mr. President, I urge mittee, Senator FEINSTEIN’s motion to Certainly no legitimate argument ex- all Members to vote against the motion table the Vitter amendment No. 6 be- ists that this is beyond the present de- to table. I believe I am correct that it cause it deals primarily with campaign bate. Think about the single biggest will be in the form of a motion to finance reforms and because Senator scandal that got us to this debate, the table. FEINSTEIN has assured me, personally, Jack Abramoff scandal. Indian tribes Mrs. FEINSTEIN. That is correct. that the Rules Committee will hold and their unfettered access to money, Mr. VITTER. I urge them to vote hearings on this specific issue as a part including gambling revenues, was at against the motion to table. I appre- of comprehensively addressing cam- the center of the single biggest scandal ciate the legitimate concerns that have paign finance reform later this year. that brought us to this debate. There is been expressed about this amendment. The ACTING PRESIDENT pro tem- no legitimate argument that the However, I do think this is not a solu- pore. The Senator from California is amendment is somehow extraneous to tion looking for a problem. This is a recognized. the debate. If this is going to be a real problem that we need to solve. Mrs. FEINSTEIN. Mr. President, I meaningful exercise about real reform, The problem is simply this: This has find myself in agreement with the Sen- really cleaning things up, getting seri- been abused in the past. There are ator from Maine. I don’t understand ous, not protecting sacred cows, then clear and documented cases whereby why we are getting into this issue at let’s get real about it. Members, candidates especially, use this place and time. I see no evidence One way we get real about it is clos- their political position to add to the of anything improper in this body. To a ing this Indian tribe loophole which family income. If the case of a Member great extent what I see happening is clearly exists and has no legitimate or a candidate hiring a family member legislation being developed in reaction justification. I urge all Senators to on a campaign could truly be enforced, to things that have happened in the vote against the motion to table be- if we had a way consistently in all other body, not in this body. I have cause, again, this goes to the heart of cases to make sure that the law was been very proud of this body because the Abramoff matter. We need to prop- being followed that only bona fide we have been able to conduct our busi- erly regulate those campaign contribu- work should be paid for at fair market ness in a very respectful manner. If tions in the same way as we do other value prices, that would be one thing. there is evidence in this body of any entities, corporations, labor unions, That is the law. You can do it, but it is improper and unreasonable payment to and the like. only supposed to be done to com- which the Senator seemed to allude, I With that, I appreciate the deference pensate actual work at fair market ask him, please, bring it to the Rules in allowing me to speak to this issue. value prices. Committee. I can assure him we will I yield the floor. The fact is, there is no way to police hold a hearing, if necessary. We will Mr. INOUYE. Mr. President, I rise that. There have been plenty of situa- pass legislation. But at this time, what today to express my strong opposition tions, unfortunately, in the past where we are trying to do is coalesce around to an amendment to S.1, the Legisla- this opportunity was used to allow a a 90-to-8 vote that took place early last tive Transparency Act of 2007, which is candidate to use his political position year, that passed almost unanimously proposed by my colleague, Senator to increase the family income. This has a bill out of this Senate dealing with DAVID VITTER of Louisiana. come to light in the last several years. earmarks, dealing with lobbying re- This amendment amends the Federal This has been an unfortunate practice. form, dealing with ethics reform. Election Campaign Act, FECA, so that I think it is part of a whole series of We are trying to keep extraneous Indian tribes would be singled out for abuses that Americans are just fed up matters, to the extent that we can, out the purposes of campaign finance law. with. They see Members of Congress, of this bill. In effect, this proposal would prohibit people in politics, using their political With that in mind, I move to table tribal campaign contributions by defin- position to increase their income or in- Vitter amendment No. 5 and ask for ing tribes as corporations under our crease their family’s income. This is a the yeas and nays. Nation’s campaign finance laws. situation which is wide open for that The ACTING PRESIDENT pro tem- Indian tribes are constitutionally abuse. pore. Is there a sufficient second? recognized sovereign governments, Again, it would be one thing if The Senator from Louisiana. with whom the Federal Government present law were enforced. Present law Mr. VITTER. I ask unanimous con- has a trust relationship. The primary says you can do it, yes, but it is only sent simply to be recognized for the purpose of Indian tribes is to provide supposed to be for real work, bona fide time remaining of my 5 minutes so governmental services to their mem- services at a reasonable compensation that I may also address my second bers. Corporations are for-profit enti- level. It is crystal clear that that pro- amendment which will be voted on. I ties whose primary goal is to maximize vision is not and cannot be policed. misunderstood. I thought the time al- profits for its shareholders. Treating There is no real meaningful way to en- lotments only applied to the amend- Indian tribes as corporations for the sure that. So it is an opportunity ment I addressed, not the other amend- purposes of campaign finance sets a which has been used by some folks who ment. Therefore, I want to address the dangerous precedent for their treat- use their political position to add to second amendment as well. ment in other areas of the law. their family income. The ACTING PRESIDENT pro tem- In addition, I do not support this This goes to the heart of the con- pore. Is there objection? Without objec- measure because it would treat Indian cerns of many Americans. It goes to tion, it is so ordered. tribes differently from other similarly the heart of a lot of issues on the lob- AMENDMENT NO. 5 situated entities regarding their cam- bying side. It goes to the heart of Mr. VITTER. Mr. President, the sec- paign contributions. Indian tribes are issues involving campaign finance. ond of my amendments that will be exempt from the aggregate limit and

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 10, 2007 CONGRESSIONAL RECORD — SENATE S343 the reporting requirements on their Therefore, for these reasons I urge must report those contributions in campaign contributions in the same my colleagues to join me in opposing their disclosure reports. manner as other unincorporated asso- this proposed measure, and preserving Also, similar to other unincorporated ciations are exempt. While I support ef- the rights of Indian tribes to partici- entities, Indian tribes are not subject forts to require more transparency pate in the political process. to the cumulative giving limits appli- with respect to the reporting of all con- Mr. DORGAN. Mr. President, I want cable to ‘‘individuals.’’ This is because tributions, I do so with the caveat that to speak in response to the amendment Indian tribes are not ‘‘individuals.’’ all similarly situated entities should offered by Mr. VITTER yesterday that This is the same way that other types be subject to the same reporting re- relates to the application of the Fed- of organizations are treated, such as quirements. eral campaign finance laws to Indian partnerships or certain limited liabil- If enacted this amendment would tribes. As Mr. VITTER suggested, this ity companies. limit the ability of tribes to partici- issue is outside the scope of the bill Indian tribes are not treated in any pate fully in the political process by presently before us, and we should con- unique manner under the Federal cam- preventing them from making cam- sider it at a later date when overall paign finance laws. They are treated paign contributions. campaign fiance matters are being re- just like other unincorporated entities. Even though tribes are acknowledged viewed. I expect there to be a motion The concerns raised by Mr. VITTER are as sovereigns, they have not been to table his amendment until a more not unique to Indian tribes. Many enti- granted seats in the U.S. Congress. In- appropriate time, and I will support ties can give money directly from their stead, they must rely on the Congress such a motion. revenues, and only ‘‘individuals’’ are to represent them. Having served in More importantly though, I feel com- subject to a cumulative giving limit. the United States Senate for 45 years pelled to respond to some of the state- Now that is not to say that there and on the Indian Affairs Committee ments made in support of the amend- shouldn’t be any changes to the cam- for the past 28 years, I have seen how ment that are simply factually inac- paign finance laws, or that there the Congress has taken actions without curate. Mr. VITTER offered his amend- should not be more transparency with considering their effects on tribes and ment to correct what he describes as a regards to political contributions. individual Indians. At times, it even very significant loophole in the cam- However, Indian tribes should not be seemed that the Congress took action paign finance laws for Indian tribes. He singled out because of misunder- only to appease non-Indians. It causes stated that unlike other entities Indian standings about how the Federal laws one to wonder whether the Congress tribes can give money directly from apply to them. Nor should the sov- would have taken those actions if their tribal revenues and are not sub- ereignty of Indian tribes or their abil- tribes had been consulted and been al- ject to the giving limits that apply to ity to represent their tribal members lowed to actively participate in the po- everyone else. Mr. VITTER stated that be infringed upon. litical process. we should treat Indian tribes exactly Mrs. FEINSTEIN. Mr. President, Due to some bad actions taken by as we treat other entities. once again, I move to table the Vitter non-Indians, some are calling to pre- Contrary to these statements, we do amendment No. 5 and ask for the yeas vent tribes from fully participating in treat Indian tribes exactly as we treat and nays. the electoral process. We must pause other unincorporated entities. The ACTING PRESIDENT pro tem- and reflect upon the impact that this Last year, the Committee on Indian pore. Is there a sufficient second? proposal will have now and in the long Affairs held a hearing on the applica- There is a sufficient second. term. We must ensure that the tribes, bility of the Federal campaign finance The question is on agreeing to the who were the victims of illegal acts, laws to Indian tribes. The committee motion. are not penalized in the name of re- held this hearing to counter the signifi- The clerk will call the roll. form. To do this, we must fully con- cant factual errors that were being re- The assistant legislative clerk called sider the unique nature of Indian ported in the news. In fact, the Federal the roll. tribes. Tribes need a voice to reflect Election Commission felt the need to Mr. DURBIN. I announce that the their unique legal status. Without a issue an Advisory on Indian Tribes last Senator from Hawaii (Mr. INOUYE) and seat in the U.S. Congress they must be year to clarify the misconceptions the Senator from South Dakota (Mr. allowed to use other means to partici- about the law that regulates the polit- JOHNSON) are necessarily absent. pate in this process. ical activity of Indian tribes. The Mr. LOTT. The following Senators And once again, we must ensure that chairman and vice chairman of the were necessarily absent: the Senator Indian gaming is not unfairly blamed. Federal Election Commission testified from Kansas (Mr. BROWNBACK) and the Some believe that Indian gaming is before the committee on how the cam- Senator from Idaho (Mr. CRAPO). providing an improper tribal advantage paign finance laws apply to Indian Further, if present and voting, the in the political process. During the 2004 tribes. Senator from Idaho (Mr. CRAPO) would election cycle, tribal contributions So let me convey some important have voted ‘‘no.’’ comprised one-third of 1 percent of facts about how Indian tribes are in- The ACTING PRESIDENT pro tem- total contributions nationwide. Given deed treated under the campaign fi- pore. Are there any other Senators in the facts, it is hard to conceive of an nance laws: the Chamber desiring to vote? unfair tribal advantage. Indian tribes are treated as ‘‘a group The result was announced—yeas 56, I believe that many critics of full of persons’’ under the Federal cam- nays 40, as follows: tribal participation in the election paign finance laws. This decision was process do not understand the unique first made by the Federal Election [Rollcall Vote No. 3 Leg.] history, status, and relationship that Commission in 1978. YEAS—56 Indian tribes have with the Federal Thus, Indian tribes are subject to the Akaka Durbin Nelson (NE) Government. Indian tribes have much contribution limitations and prohibi- Baucus Feingold Obama to lose in the Federal process. The U.S. tions applicable to all ‘‘persons’’ under Bayh Feinstein Pryor Biden Harkin Reed government has a history of taking the law. We treat them the same as all Bingaman Kennedy Reid from Indian tribes, and taking without other persons. For the last election Boxer Kerry Rockefeller fulfilling our obligations. We must cycle, this was $2,100 to each candidate, Brown Klobuchar Salazar Byrd Kohl Sanders fully consider the tribal role in the $26,700 per year to a political party’s Cantwell Lautenberg Schumer Federal process before determining Cardin Leahy national committee, and $5,000 per year Smith Carper Levin that gaming revenues cannot be used to a political action committee. Snowe Casey Lieberman in the Federal process or that tribes Similar to other unincorporated enti- Clinton Lincoln Stabenow should not be allowed to fully partici- ties, Indian tribes do not have to report Coleman McCaskill Stevens pate. The U.S. Senate committees of their political contributions. However, Collins Menendez Tester jurisdiction should have the oppor- political committees, including can- Conrad Mikulski Thomas Dodd Murkowski Webb tunity to hold hearings and fully ex- didate and party committees, that re- Domenici Murray Whitehouse plore this issue. ceive contributions from Indian tribes Dorgan Nelson (FL) Wyden

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S344 CONGRESSIONAL RECORD — SENATE January 10, 2007 NAYS—40 has that there are problems, please NAYS—41 Alexander Ensign Martinez bring it to the Rules Committee and we Allard Graham Nelson (FL) Allard Enzi McCain will do something about it. Bayh Grassley Obama Bennett Graham McConnell Burr Hagel Roberts Bond Grassley Roberts In the absence of that, I move to Cantwell Harkin Shelby Bunning Gregg Sessions table the Vitter amendment No. 6, and Chambliss Hutchison Smith Burr Hagel Shelby I ask for the yeas and nays? Coburn Inhofe Snowe Chambliss Hatch Cochran Isakson Specter The ACTING PRESIDENT pro tem- Specter Coburn Hutchison Sununu Corker Kerry Stevens Cochran Inhofe Cornyn Kyl Thune pore. The majority leader. Tester Corker Isakson Craig Landrieu Vitter Mr. REID. Mr. President, prior to Thune Cornyn Kyl DeMint Martinez Voinovich Vitter Craig Landrieu starting the vote on this and granting Dole McCain DeMint Lott Warner the request for the yeas and nays, we Ensign McConnell Warner Dole Lugar are going to come in at 9:30 in the Feingold Mikulski Wyden NOT VOTING—4 morning. There will be a period for ANSWERED ‘‘PRESENT’’—1 Brownback Inouye morning business for an hour. Then we Boxer Crapo Johnson hope to have debate on the Stevens NOT VOTING—4 The motion was agreed to. amendment, a serious amendment, dealing with travel. We hope to be able Brownback Inouye Mrs. FEINSTEIN. I move to recon- Crapo Johnson sider the vote. to complete that debate fairly quickly, The motion was agreed to. Mr. DURBIN. I move to lay that mo- in an hour or so. So there will be a vote Mr. WHITEHOUSE. Mr. President, I tion on the table. on that amendment, if things work out The motion to lay on the table was the way we hope, at around 11:30 in the move to reconsider the vote, and I agreed to. morning. move to lay that motion on the table. There are a number of amendments The motion to lay on the table was AMENDMENT NO. 6 agreed to. The ACTING PRESIDENT pro tem- pending. The managers have done ex- AMENDMENT NO. 16 WITHDRAWN pore. Under the unanimous consent tremely well. As I said earlier this agreement, there remains 2 minutes morning, we couldn’t have two better Mr. STEVENS. Mr. President, I ask equally divided between the Senator people managing this bill. People who unanimous consent that amendment from Louisiana and the Senator from have amendments to offer, please come No. 16 be withdrawn. There has been California on the Vitter amendment and offer them; otherwise, we are going confusion over the interpretation of No. 6. to get the idea that maybe people are that amendment. I will look at it and Who yields time? The Senator from wanting to move forward on this legis- redraft it. Utah. lation in some other way. The ACTING PRESIDENT pro tem- Mr. BENNETT. Mr. President, I am Mrs. FEINSTEIN. Once again, Mr. pore. Without objection, it is so or- in favor of the tabling motion, so I will President, I move to table the amend- dered. The amendment is withdrawn. be happy to yield whatever time I have ment, and I ask for the yeas and nays. The Senator from Colorado. to the Senator from Louisiana. The ACTING PRESIDENT pro tem- AMENDMENT NO. 17 TO AMENDMENT NO. 3 The ACTING PRESIDENT pro tem- pore. Is there a sufficient second? Mr. ALLARD. Mr. President, what is pore. The Senator from Louisiana. There is a sufficient second. the pending amendment? Mr. VITTER. Mr. President, how The question is on agreeing to the The ACTING PRESIDENT pro tem- much time do I have under the unani- motion. The clerk will call the roll. pore. Amendment No. 17 by the Sen- mous consent agreement? ator from New Hampshire is pending. The legislative clerk called the roll. The ACTING PRESIDENT pro tem- Mr. ALLARD. Mr. President, I rise pore. The Senator from Louisiana has 1 Mrs. BOXER. (When her name was today in support of the Second Look at minute. called). Present. Wasteful Spending amendment offered Mr. VITTER. Mr. President, I urge Mr. DURBIN. I announce that the by Senator GREGG to the pending Leg- Senators to vote against this motion to Senator from Hawaii (Mr. INOUYE) and islative Transparency Act of 2007. table. Unfortunately, this opportunity the Senator from South Dakota (Mr. I am proud to be an original cospon- to increase a Member’s family income JOHNSON) are necessarily absent. sor of this amendment, as I was to be a has been used and abused, and it tar- Mr. LOTT. The following Senators cosponsor of the Stop-Over-Spending nishes the entire body. It is one factor were necessarily absent: the Senator Act of 2006, which contained a similar that has helped erode public confidence from Kansas (Mr. BROWNBACK) and the provision. in the Congress. Senator from Idaho (Mr. CRAPO). Spending is out of control and it is If there was a way to truly police Further, if present and voting, the time that Congress put its money present law, I would say fine, but the Senator from Idaho (Mr. CRAPO) would where its mouth is when it comes to fact is, there clearly is not and there is have voted ‘‘yea.’’ reigning in spending. In addition to no way to know if services are being The ACTING PRESIDENT pro tem- being a good first step, this amendment rendered and if a proper amount is pore. Are there any other Senators in is symbolic because it is the first op- being paid. So it is and will remain, if the Chamber desiring to vote? portunity of this new Congress to do this amendment is tabled, a clear con- The result was announced—yeas 54, so. duit of abuse of which some Members— nays 41, as follows: I hope the new majority party will use this opportunity to live up to its I am not saying many or most, some [Rollcall Vote No. 4 Leg.] Members—will take advantage. That promise of fiscal responsibility and will continue to hurt this institution YEAS—54 support this amendment. and all of us who don’t participate in Akaka Domenici Menendez The amendment is simple. In a nut- Alexander Dorgan Murkowski that practice. Baucus Durbin Murray shell, it allows the President to iden- I yield back my time. Bennett Enzi Nelson (NE) tify individual items of wasteful spend- The ACTING PRESIDENT pro tem- Biden Feinstein Pryor ing that, for one reason or another, pore. The Senator from California. Bingaman Gregg Reed slipped through Congress and send Bond Hatch Reid Mrs. FEINSTEIN. Mr. President, Brown Kennedy Rockefeller them back for closer scrutiny. once again, this is related to campaign Bunning Klobuchar Salazar Once under the microscope for Con- spending. It does not belong in this Byrd Kohl Sanders gress and all of America to see, both Cardin Lautenberg Schumer bill. We are trying to keep a bill with Carper Leahy Sessions houses of Congress will have the oppor- which the greatest majority of the Sen- Casey Levin Stabenow tunity to give the individual proposal ate can agree. Clinton Lieberman Sununu an up-or-down vote. Secondly, I know of no problems re- Coleman Lincoln Thomas If both Houses deem the spending ap- Collins Lott Voinovich lated to this issue in this body. Should Conrad Lugar Webb propriate, the President must release there be any evidence that any Senator Dodd McCaskill Whitehouse the funds. On the other hand, if it does

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 10, 2007 CONGRESSIONAL RECORD — SENATE S345 not survive the scrutiny of both issue in perspective, outstanding 75- Mr. BYRD. Mr. President, I ask unan- Houses, the spending is rescinded. year Government promises, including imous consent to have printed in the Importantly, any savings resulting Medicare, Medicaid, and Social Secu- RECORD a letter and accompanying sec- from rescinded items of spending goes rity, exceed the total amount of taxes tion 102(b) report from the Office of to reduce the Federal deficit. With collected in U.S. history by $26 trillion. Compliance Board of Directors. record revenues streaming into the Again, this amendment is only the There being no objection, the mate- Treasury as a result of the Republican first step in reducing spending—some- rial was ordered to be printed in the pro-growth tax cuts, we have made sig- thing that the American taxpayers de- RECORD, as follows: nificant strides toward cutting the def- mand and deserve. OFFICE OF COMPLIANCE, icit. This amendment provides an op- I am hopeful that the new majority Washington, DC, January 4, 2007. portunity to chip away at the deficit party will take the opportunity to sup- Hon. ROBERT C. BYRD, from the spending side of the equation. port its promises of fiscal responsi- President Pro Tempore, U.S. Senate, The Cap- Some of you may recall the Line bility and join me in supporting this itol, Washington, DC. DEAR PRESIDENT PRO TEMPORE BYRD: Sec- Item Veto Authority that a Republican amendment. tion 102(b)(2) of the Congressional Account- Congress gave to President Clinton in It will bring more accountability and ability Act of 1995 (CAA), 2 U.S.C. 1302, re- 1996 and wonder how this differs. This transparency to the legislative process quires that, ‘‘Beginning on December 31, legislation, although similar in pur- so that Americans will know what is 1996, and every 2 years thereafter, the Board pose, is not nearly as far-reaching as happening and can hold Members of shall report on (A) whether or to what degree the authority given to President Clin- Congress more accountable. the provisions described in paragraph (1) are ton. I yield the floor and I suggest the ab- applicable or inapplicable to the legislative branch and (B) with respect to provisions in- Under that authority, presidential sence of a quorum. applicable to the legislative branch, whether cancellations went into effect auto- The ACTING PRESIDENT pro tem- such provisions should be made applicable to matically, without Congressional ac- pore. The clerk will call the roll. the the legislative branch. The presiding of- tion. Unlike that law, the Second Look The assistant legislative clerk pro- ficers of the House of Representatives and at Wasteful Spending legislation re- ceeded to call the roll. the Senate shall cause each report to be quires that Congress take affirmative Mr. WHITEHOUSE. Mr. President, I printed in the CONGRESSIONAL RECORD, and steps to affirm or deny any rescission ask unanimous consent that the order each such report shall be referred to the package proposed by the President. In for the quorum call be rescinded. committees of the House of Representatives and the Senate with jurisdiction. other words, Congress has the final say The ACTING PRESIDENT pro tem- The Board of Directors of the Office of on the President’s rescission request. pore. Without objection, it is so or- Compliance is transmitting herewith the Today’s legislation contains several dered. Section 102(b) Report for the 109th Congress. other important limitations on the AMENDMENT NO. 15, AS MODIFIED The Board requests that the accompanying President’s authority. First, the Presi- Mr. WHITEHOUSE. Mr. President, I Report be published in both the House and dent is limited to the submission of ask unanimous consent that the Sala- Senate versions of the CONGRESSIONAL four rescission packages per year. Sec- RECORD on the first day on which both zar amendment No. 15 be the pending Houses are in session following receipt of ond, the President’s rescission requests business. this transmittal. are limited to discretionary or manda- The ACTING PRESIDENT pro tem- Any inquiries regarding the accompanying tory spending or tax bills introduced pore. Without objection, it is so or- Notice should be addressed to Tamara on or after the legislation’s enactment. dered. Chrisler, Acting Executive Director of the Third, the authority sunsets in 4 years Mr. WHITEHOUSE. Mr. President, I Office of Compliance, 110 2nd Street, S.E., to allow Congress to reevaluate it after ask unanimous consent that the Room LA–200, Washington, D.C. 20540. Sincerely, two Presidents have each used it for 2 amendment be modified with the years. SUSAN S. ROBFOGEL, changes at the desk. Chair of the Board of Directors. I am pleased that Senator GREGG The ACTING PRESIDENT pro tem- chose to address this issue during the pore. Without objection, it is so or- OFFICE OF COMPLIANCE, pending lobbying reform legislation. dered. Washington, DC, December 21, 2006. Both pieces legislation share the goal The amendment will be so modified. Hon. TED STEVENS, of bringing greater transparency to the The amendment (No. 15), as modified, President Pro Tempore of the Senate, U.S. Sen- Federal spending process. is as follows: ate, The Capitol, Washington, DC. While I do not pretend that it will DEAR MR. STEVENS: Pursuant to section At the appropriate place, insert the fol- 102(b) of the Congressional Accountability solve all of the long-term fiscal prob- lowing: Act, I am pleased to announce that the lems—such as long-term entitlement SEC. ll. PUBLIC AVAILABILITY OF SENATE Board of Directors of the Compliance has spending—I do believe that it is an im- COMMITTEE AND SUBCOMMITTEE completed its biennial report. Accompanying portant and symbolic first step. MEETINGS. this letter is a copy of our section 102(b) re- Even if the authority is never used (a) IN GENERAL.—Paragraph 5(e) of rule port for the 109th Congress. by the President, its mere existence XXVI of the Standing Rules of the Senate is The section 102(b) report and its incor- amended by— porated recommendations are an integral will have a chilling effect on wasteful (1) by inserting after ‘‘(e)’’ the following: discretionary spending. Individual part of the Congressional Accountability ‘‘(1)’’; and Act. As a principle function of the Board, Members of Congress will give second (2) by adding at the end the following: this report provides insight into the ever- thought to promoting wasteful items ‘‘(2) Except with respect to meetings closed changing climate that exemplifies the work- spending that they know will receive a in accordance with this rule, each committee ing environment of the legislative branch. As second look. and subcommittee shall make publicly avail- such, the Board views the submission of this Similarly, it will provide an addi- able through the Internet a video recording, report as the primary method of keeping the tional check on new items of manda- audio recording, or transcript of any meeting Act alive beyond its inception. With this not later than 14 business days after the submission, the Board presents its prior rec- tory spending, each of which has the meeting occurs.’’. potential to exacerbate the crisis that ommendations and specifically makes rec- (b) EFFECTIVE DATE.—This section shall ommendations concerning the need for addi- is the unsustainable growth in long- take effect October 1, 2007. tional tools and mechanisms to increase the term entitlement spending. I say crisis f Office’s efforts to ensure continued safety because we received testimony in the and health of legislative branch employees Budget Committee that, if left un- MORNING BUSINESS and visitors; as well as the need for regula- checked, in under 30 years spending on Mr. WHITEHOUSE. Mr. President, I tions in the legislative branch for veterans just three entitlement programs— ask unanimous consent that there now entering and returning to the workforce. Medicare, Medicaid and Social Secu- be a period of morning business, with With more than ten years of experience liv- Senators permitted to speak therein ing with congressional accountability, the rity—will exceed, as a share of GDP, Board and the office are committed to the the amount of spending that the entire for up to 10 minutes each. recommendations we outline in this report. U.S. Government consumes today. The ACTING PRESIDENT pro tem- As the sixth such report to Congress, we are In other words, those three programs pore. Without objection, it is so or- seeking appropriate time for review, con- are unsustainable. To further put the dered. sultation, and action in the 110th Congress.

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S346 CONGRESSIONAL RECORD — SENATE January 10, 2007 On behalf of the Board of Directors, I sub- The Board continues to ask that these prior lative branch employees about their legal mit this important document for your review recommendations be implemented. rights following their having reported alle- and attention. Now that Congress has had substantial gations of employer wrongdoing or mis- Sincerely, time to reflect on the contents of the Board’s management. Unfortunately, these employ- TAMARA E. CHRISLER, prior reports, it is critical that Congress con- ees are not currently protected from employ- Acting Executive Director. tinue the example set in 1995 with the enact- ment retaliation by any law. The retaliation OFFICE OF COMPLIANCE SECTION 102(B) ment of the original provisions of the CAA. provisions of the CAA limit protection to REPORT, DECEMBER 2006 Without action on the Board’s recommenda- employees who, in general, exercise their tions, the worthy goal of the Congressional This is the sixth biennial report submitted rights under the statute. Whistle blower pro- Accountability Act gradually may be eroded. to Congress by the Board of Directors of the tections are intended specifically to prevent The overwhelming bipartisan support for Office of Compliance of the U.S. Congress, employers from taking retaliatory employ- the CAA’s passage in 1995 is a testament to pursuant to the requirements of section ment action against an employee who dis- the importance of—and support for—the closes information which he or she believes 102(b) of the Congressional Accountability principles the CAA embodies, both in Con- Act (2 U.S.C. 1302 (b)). Section 102(b) of the evidences a violation of law, gross mis- gress and in the electorate as a whole. While management, or substantial and specific Act states in relevant part: recognizing the enormous importance of Beginning on December 31, 1996, and every danger to public health or safety. many of the other issues faced today by Con- 2 years thereafter, the Board shall report on The Whistle Blower Protection Act gress, the Board is hopeful that issuance of (A) whether or to what degree [provisions of (‘‘WPA’’) prohibits executive branch per- this 2006 Section 102(b) Report will result in Federal law (including regulations) relating sonnel decision makers from taking any ac- legislative action to finally implement these tion to: to (A) the terms and conditions of employ- recommendations, so that the CAA remains ment (including hiring, promotion, demo- (3) coerce the political activity of any per- current with the employment needs of the son (including the providing of any political tion, termination, salary, wages, overtime legislative branch. compensation, benefits, work assignments or contribution or service), or take any action EXECUTIVE SUMMARY reassignments, grievance and disciplinary against any employee or applicant for em- procedures, protection from discrimination In this 2006 Report, the Board is ployment as a reprisal for the refusal of any in personnel actions, occupational health prioritizing its recommendations, without in person to engage in such political activity; and safety, and family and medical and other any way diminishing the importance of the (4) deceive or willfully obstruct any person leave) of employees; and (B) access to public recommendations made in prior Reports. In with respect to such person’s right to com- services and accommodations] . . . are appli- this current Report, the Board focuses on pete for employment; cable or inapplicable to the legislative two areas of vital and immediate concern to (5) influence any person to withdraw from branch, and (B) with respect to provisions in- the covered community—safety and health, competition for any position for the purpose applicable to the legislative branch, whether and veterans’ rights—and urges Congress to of improving or injuring the prospects of any such provisions should be made applicable to take action on them. other person for employment; The Office of Compliance Office of the Gen- (6) grant any preference or advantage not the legislative branch. The presiding officers eral Counsel (‘‘OGC’’) is responsible for en- authorized by law, rule, or regulation to any of the House of Representatives and the Sen- suring safety and health of legislative employee or applicant for employment (in- ate shall cause each such report to be print- branch employees through the enforcement cluding defining the scope or manner of com- ed in the Congressional Record and each of the provisions of the Occupational Safety petition or the requirements for any posi- such report shall be referred to the commit- and Health Act (‘‘OSHA’’). This responsi- tion) for the purpose of improving or injur- tees of the House of Representatives and the bility includes inspection of the covered ing the prospects of any particular person for Senate with jurisdiction. Bracketed portion from section 102(b)(1). community, which the Office of the General employment; Counsel performs in collaboration with em- (7) appoint, employ, promote, advance, or INTRODUCTION ploying offices. While enormous progress has advocate for the appointment, promotion, Prior to the enactment of the Congres- been achieved by the Office of the Architect advancement, in or to a civilian position any sional Accountability Act of 1995 (CAA), Con- of the Capitol (‘‘AOC’’) and other employing individual who is a relative (as defined in gress recognized the need to legislate many offices in improving health and safety condi- section 3110(a)(3) of this title) of such em- aspects of the workplace, and it did so by tions, there remain circumstances where ployee if such position is in the agency in passing laws to address workplace rights and progress will be enhanced if the OGC is pro- which the employee is serving as a public of- the employment relationship. These laws, vided specific tools to perform: whistle blow- ficial (as defined in section 3110(a)(2) of this however, were not applicable to Congress. er and similar retaliation protection, tem- title) or over which such employee exercises Congress had excluded itself and other in- porary restraining orders, investigatory sub- jurisdiction or control as such an official; strumentalities of the legislative branch poenas, and recognition by the responsible (8) take or fail to take, or threaten to take from the requirements of these laws. Passage party for health and safety violations in cov- or fail to take, a personnel action with re- of the CAA, with nearly unanimous approval, ered facilities. With these tools, the Office of spect to any employee or applicant for em- in the opening days of the 104th Congress, re- the General Counsel would be better posi- ployment because of— flected a national consensus that Congress tioned to ensure that the covered commu- (A) any disclosure of information by an must live under the laws it enacts for the nity is a safe and healthy one for its employ- employee or applicant for employment be- rest of society. ers and employees, as well as its visitors. cause of— The CAA is not meant to be static. The Act Congress has enacted laws to ensure that (i) a violation of any law, rule, or regula- intended that there be an ongoing, vigilant soldiers with civilian employment will not tion, or review of federal law to ensure that Congress be penalized for their time spent away from (ii) gross mismanagement, a gross waste of continue to apply to itself—where appro- their employers while serving in the mili- funds, an abuse of authority, or a substantial priate—the labor, employment, health, and tary. Through the enactment of these laws, and specific danger to public health or safe- safety laws it passes. To further this goal, Congress ensured that military service will ty, if such disclosure is not specifically pro- the Board of Directors of the Office of Com- not prevent individuals from remaining pro- hibited by law and if such information is not pliance (‘‘Board’’) was tasked with the re- fessionally competitive with their civilian specifically required by Executive Order to sponsibility of reviewing federal laws each counterparts. The Veterans’ Employment be kept secret in the interest of national de- Congress to make recommendations on how Opportunities Act (‘‘VEOA’’) and the Uni- fense or the conduct of foreign affairs; or the CAA could be expanded. Since its cre- formed Services Employment and Reemploy- (B) any disclosure to the Special Counsel, ation, the Board has duly submitted biennial ment Act (‘‘USERRA’’) currently provide or to the Inspector General of an agency or Reports to Congress, starting in 1996, detail- protections for military personnel entering another employee designated by the head of ing the limited and prudent amendments and returning to federal and other civilian the agency to receive such disclosures of in- that should be made to the CAA. There was workforces. Under VEOA, Congress has en- formation which the employee or applicant also an Interim Report in 2001, regarding acted protections for these soldiers, so that reasonably believes evidences— Section 508 of the Rehabilitation Act of 1973. in certain circumstances, they receive a (i) a violation of any law, rule, or regula- In past reports, the Board has taken a broad preference for selection to federal employ- tion, or approach in presenting its recommendations ment. Regulations for these laws have been (ii) gross mismanagement, a gross waste of to amend the Congressional Accountability implemented in the executive branch, and funds, an abuse of authority, or a substantial Act, and has encouraged Congress to con- the Board encourages Congress to implement and specific danger to public health or safe- sider and act upon those recommendations. corresponding regulations in the legislative ty, if such disclosure is not specifically pro- By including Appendices A through C in this branch. hibited by law and if such information is not Report, the Board incorporates these prior specifically required by Executive Order to RECOMMENDATIONS recommendations as part of this Report: be kept secret in the interest of national de- I. Whistle Blower Protection Act Application to amendments to the Rehabilitation Act, title fense or the conduct of foreign affairs; II and title III of the Civil Rights Act, the CAA (9) take or fail to take, or threaten to take record-keeping and notice posting, jury duty, Retaliation protections or fail to take, any personnel action against bankruptcy, garnishment, and employee pro- Over the years, the Office of Compliance any employee or applicant for employment tection provisions of environmental statutes. has received numerous inquiries from legis- because of—

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 10, 2007 CONGRESSIONAL RECORD — SENATE S347 (A) the exercise of any appeal, complaint, safety and health provisions of the CAA have to do so. In fiscal year 2006, the General or grievance right granted by any law, rule, expressed concern about their exposure when Counsel increased his efforts to remedy two or regulation; they come forward to provide evidence in serious violations which posed imminent (B) testifying for or otherwise lawfully as- such investigations. They have also indi- danger to workers: unabated safety viola- sisting any individual in the exercise of any cated reluctance or financial inability to tions which existed in the Capitol Power right referred to in subparagraph (A); shoulder the litigation burden without the Plant utility tunnels since before 1999, and (C) cooperating with or disclosing informa- support of the Office of the General Counsel the lack of safety shoring for AOC workers tion to the Inspector General of an agency, investigative process and enforcement proce- in trenches surrounding Library of Congress or the Special Counsel, in accordance with dures. buildings. Fortunately, the prompt filing of applicable provisions of law; or The Board of Directors believes that the a formal complaint led the AOC to imple- (D) for refusing to obey an order that ability of the General Counsel to investigate ment immediate interim abatement meas- would require the individual to violate a law; and prosecute retaliation in the OSH process ures to protect workers in the tunnels from (10) discriminate for or against any em- would effectively serve to relieve employees imminent harm. In addition, the filing of a ployee or applicant for employment on the of these burdens. It would also preserve con- citation for the safety shoring violation basis of conduct which does not adversely af- fidence in the CAA and empower legislative prompted the AOC to take immediate steps fect the performance of the employee or ap- branch employees to exercise their rights to install appropriate shoring to protect its plicant or the performance of others; except without fear of adverse action in reprisal for employees. that nothing in this paragraph shall prohibit their protected activities. In both of these instances, the need for in- an agency from taking into account in deter- Protection from solicitation of recommenda- junctive relief was obviated due to the mining suitability or fitness any conviction tions prompt and voluntary compliance of the of the employee or applicant of any crime AOC. However, in other situations, employ- The Board believes that the subsection under the laws of any State or the District of ing offices may not so readily accept respon- (b)(2) rule of the Whistle Blower Protection Columbia, or of the United States.1 sibility for correcting an imminent safety Act should be made applicable to all legisla- Over the years, legislative branch employ- hazard. For example, the increased use of tive branch employing offices, other than the ees have proven essential in informing the contractors to perform construction and re- two houses of Congress and the entities list- General Counsel of the possible existence of pair work on Capitol Hill creates situations ed in section 220(e)(2)(A)–(E) of the CAA. serious hazards that may affect the safety where the responsibility for assuring safe The Board urges Congress to discourage and health of employees, management rep- conditions may not be as clear, or as readily ‘‘political’’ recommendations in the filling of resentatives, and members of the public that accepted, by an employing office. Cases of covered positions. Specifically, subsection would otherwise not come to his attention. that nature demonstrate the need for the (b)(2) of the Whistle Blower Protection Act In order to assure the free flow of this infor- availability of injunctive relief to ensure the provides that anyone with personnel author- mation, it is incumbent upon Congress to immediate and ongoing safety of employees ity may not: ‘‘solicit or consider any rec- protect employees from intimidation and re- and members of the public pending resolu- ommendation or statement, oral or written, taliation when they exercise their rights to tion of issues of responsibility and cost. with respect to any individual who requests report and allege violations. The Board urges Congress to recognize the or is under consideration for any personnel On July 17, 2006, Senator Chuck Grassley General Counsel’s need to have the authority action unless such recommendation or state- introduced a bill 2 to Congress that would to seek preliminary injunctive relief. Al- ment is based on the personal knowledge or amend the Congressional Accountability Act though implicitly provided in the Act, the records of the person furnishing it and con- to give legislative branch employees some of current language under Section 215(b) cre- sists of—(A) an evaluation of the work per- the whistle blower protection rights that are ates ambiguity as to whether such authority formance, ability, aptitude, or general quali- available to executive branch employees. In has been granted to the General Counsel. fications of such individual; or (B) an evalua- the executive branch, employees can take al- The Board recommends that the CAA be tion of the character, loyalty, or suitability legations of employment reprisal based on amended to clarify that the General Counsel of such individual . . .’’ whistle blowing to the Office of the Special has the standing to seek a temporary re- The Board recommends that Congress Counsel or can bring an individual action di- straining order in Federal district court and apply this restriction to anyone with per- rectly before the Merit Systems Protection that the court has jurisdiction to issue the sonnel authority in any legislative branch Board.3 As the bill is written, legislative order. employing office, other than the two houses branch employees would bring such matters of Congress and the entities listed in section Investigatory subpoenas to the Office of Compliance’s dispute resolu- 220(e)(2)(A)–(E) of the CAA. The General Counsel of the Office of Com- tion program. Although this program pro- II. Increased safety and health compliance tools pliance is responsible for conducting health vides a mechanism for employees to bring a and safety inspections in covered offices in complaint, the employees would have to Temporary restraining orders the legislative branch. In implementation of prosecute these very technical issues them- The Occupational Safety and Health Act is this mandate, the General Counsel is granted selves, or incur the cost of hiring an attor- applied, in part, to the legislative branch many, but not all, of the same authorities ney to litigate these issues. Employees of the through Section 215(b) of the Congressional that are granted to the Secretary of Labor executive branch do not bear such a burden. Accountability Act. Under this section, the under section 8 of the Occupational Safety To assure that whistle blower protection remedy for a violation of the CAA is a cor- and Health Act.8 One of the significant au- rights are effectively vindicated, it is imper- rective order similar to such an order grant- thorities granted to the Secretary of Labor ative that the General Counsel be granted ed under the remedial section of the OSH is that of issuing investigatory subpoenas in the same authority to investigate and pros- Act. Among other things, the OSH Act au- aid of inspections. Other federal agencies, ecute OSHA-type violations of the CAA, as is thorizes the Secretary of Labor to seek a such as the National Labor Relations Board provided under other remedial labor laws. temporary restraining order in district court and the Federal Labor Relations Authority, Executive agencies that are required to en- in the case of imminent danger. Such en- likewise are given such authority in imple- force labor and employment rights are often forcement authority is necessary for the mentation of their authority to investigate given explicit statutory authority to con- General Counsel of the Office of Compliance complaints. However, the Congressional Ac- duct investigations and litigation respecting to ensure that safety and health violations countability Act does not grant to the Gen- charges of employer intimidation and retal- are remedied expeditiously. The General eral Counsel the authority to require the at- iation of employees. For example, the Gen- Counsel takes the position that although tendance of witnesses and the production of eral Counsel of the Federal Labor Relations Section 215(b) of the CAA does not expressly evidence in furtherance of his investigations. Authority may investigate discrimination provide preliminary injunctive relief as a While most employing offices do not di- based on the filing of an unfair labor prac- remedy, such authority is implied by the rectly refuse to provide requested informa- tice.4 Under the Occupational Safety and Act’s terms. Certain employing offices, as tion during the General Counsel’s investiga- Health Act, the Secretary of Labor is given well as other stakeholders, however, differ tions, significant delays in providing infor- very clear authority to investigate and pros- with this interpretation, as the language is mation are, unfortunately, not unusual. The ecute reprisals.5 The Equal Employment Op- not stated directly in the Act. Accordingly, lack of authority to compel the prompt re- portunity Commission is granted authority the Board seeks to amend the current lan- lease of information and witnesses from em- to initiate charges and conduct investiga- guage of the Act to alleviate all ambiguity ploying offices hampers the ability of the tions into claims of discrimination.6 The Na- and to make clear the General Counsel’s au- General Counsel to enforce health and safety tional Labor Relations Act also grants to its thority to seek such relief. regulations. To conduct a thorough work- General Counsel the authority to issue a Express authority to seek preliminary in- place inspection, the General Counsel must complaint upon the filing of an employee junctive relief is essential to the General interview witnesses and examine informa- charge of retaliation.7 Counsel’s ability to eliminate promptly all tion that may reside solely within the pos- Covered employees who have sought infor- potential workplace hazards. Although a sit- session of the employing office, and not oth- mation from the Office of Compliance re- uation has not been presented yet where a erwise readily available to employees, the specting their substantive rights under the court injunction was necessary to resolve a public, or the General Counsel. Absent the case of imminent danger, the General Coun- authority to issue investigatory subpoenas, 1 Footnotes appear at end of report. sel can foresee the very likelihood of having an employing office may, with impunity,

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S348 CONGRESSIONAL RECORD — SENATE January 10, 2007 refuse or simply stall in responding to the take corrective actions to address recurring One of the most critical aspects of drafting General Counsel’s requests for information. safety concerns’’ in regard to construction at these regulations has been to acknowledge Such actions would hinder investigations the Capitol Visitor Center.9 the longstanding and significant differences and may exacerbate potential health and OSHA has a ‘‘Multi-Employer Citation Pol- between the personnel policies and practices, safety hazards. Recently, an employing of- icy,’’ 10 under which employers can be consid- as well as the history, of the legislative fice argued that the General Counsel was not ered both a ‘‘controlling and exposing em- branch and the executive branch. In par- entitled to the records of results of testing ployer engaged in construction and repair ticular, the executive branch distinguishes for hearing damage performed on legislative work.’’ This policy requires that these multi- between employees in the ‘‘competitive serv- employees. The General Counsel was without employers be held accountable and respon- ice’’ and the ‘‘excepted service,’’ often with an efficient mechanism to gain access to this sible for any safety violations in their facili- differing personnel rules applying to these information. ties. Because the AOC is charged with the re- two services. The legislative branch has no Currently, the only means to compel pro- sponsibility for the supervision and control such classification system and hence, no di- duction of documents or testimony when co- of all services necessary for the protection chotomy. operation is not forthcoming is to issue a ci- and care of the Capitol and the Senate and tation and a complaint, and institute legal House Office Buildings, the AOC would be Although the CAA mandates application to proceedings against the employing office. considered a multi-employer, under OSHA’s the legislative branch of certain VEOA pro- Besides being costly, this process is counter- definition, and thereby accountable and re- visions originally drafted for the executive productive to the General Counsel’s efforts sponsible for any safety violations in its fa- branch, the Board notes the central distinc- to maintain and further a collaborative rela- cilities.11 The Board of Directors encourages tion made in the underlying statute: certain tionship with employing offices. In addition, Congress to adopt OSHA’s policy to ensure veterans’ preference protections (regarding the inherent delays of litigation may have the uniform pattern of enforcement through- hiring) applied only to executive branch em- the effect of exposing employees and the out the legislative branch. ployees in the ‘‘competitive’’ service, while public to unabated hazard and significant The Board urges Congress to take a real- others (governing reductions in force and risk of exposure or injury. Prompt produc- istic look at the safety and health concerns transfers) applied both to the ‘‘competitive’’ tion of information or access to witnesses al- in the covered community. Much work has and ‘‘excepted’’ service. For example, the lows the General Counsel to collaborate with been done, and progress continues to be hiring practice in the executive branch in- employing offices and make an informed de- made, to ensure that Congress provides a cludes a numeric rating and ranking process. cision and assess risks and hazards. This au- safe and healthy environment for its employ- Such process includes a point-preference for thority will directly enhance the ability of ees and visitors. In order to ensure this con- certain veterans. Because no such rating and the General Counsel to carry out his statu- tinued progress, there are certain mecha- ranking process exists in the legislative tory duty to maintain a safe and healthy nisms that must be in place for the General branch, the application of the point-pref- workplace. Counsel of the Office of Compliance to en- erence had to be adjusted to properly fit the The Office of the Architect of the Capitol is sure that safety and health risks are at a particular practices of the legislative responsible for safety and health viola- minimum and are thoroughly and expedi- branch. tions in covered facilities tiously addressed. The Board encourages The extensive discussions with various Congress to allow the General Counsel to im- In its Report on Occupational Safety and stakeholders across Congress and the legisla- plement these tools to meet this goal. Health Inspections for the 108th Congress, tive branch have raised these issues and have the General Counsel raised a concern regard- III. Veterans’ rights provided a forum in which to discuss how ing enforcing compliance with the OSH Act Veterans’ Employment Opportunities Act best to address these unsuited areas of the where work is performed by contractors Since the end of the Civil War, the United regulations. The suggestions made and com- hired by the Architect of the Capitol. In the States Government has granted veterans a ments received by stakeholders have allowed 108th Biennial Report, three specific inci- certain degree of preference in federal em- the Board to engage in thoughtful delibera- dents were cited wherein AOC contractors ployment, in recognition of their duty to tion and careful consideration of the par- created hazardous situations that posed sig- country, sacrifice, and exceptional capabili- ticular needs of the legislative branch. Ac- nificant risk to property in one instance, and ties and skills. Initially, these preferences cordingly, the Board has crafted proposed severe bodily injury to employees and the were provided through a series of statutes regulations that it believes will fit the prac- public in the other two. The latter two con- and Executive Orders. In 1944, however, Con- tices and procedures of the varying entities ditions were corrected by the AOC, even gress passed the first law that granted our in the covered community. though the AOC asserted it had no obligation service men and women preference in federal Uniformed Services Employment and Re-em- to do so. In the other situation, a citation employment: the Veterans’ Preference Act of ployment Rights Act was issued by the General Counsel; however, 1944.12 The Veterans’ Preference Act provided the AOC has contested this citation, assert- that veterans who are disabled or who served The Uniformed Services Employment and ing that it has limited, if any, responsibility in military campaigns during specified time Re-employment Rights Act (‘‘USERRA’’) to monitor or ensure compliance with OSHA periods are ‘‘preference eligible’’ veterans was enacted in December 1994, and the De- regulations and safety standards whenever and would be entitled to preference over non- partment of Labor submitted regulations for work is performed by contractors. veterans (and over non-preference-eligible the executive branch in 2005. USERRA’s pro- OSHA, rather than the Office of Compli- veterans) in decisions involving selections visions ensure that entry and re-entry into ance General Counsel, has jurisdiction over and retention in reductions-in-force. the civilian workforce are not hindered by AOC private sector contractors. As the AOC In 1998, Congress passed the Veterans Em- participation in non-career military service. increasingly relies on such contractors to ployment Opportunities Act (‘‘VEOA’’), 13 USERRA accomplishes that purpose by pro- perform its construction and repair work, it which ‘‘strengthen[s] and broadens’’ 14 the viding rights in two kinds of cases: discrimi- is foreseeable that safety and health enforce- rights and remedies available to military nation based on military service, and denial ment in the legislative branch could increas- veterans who are entitled to preferences in of an employment benefit as a result of mili- ingly devolve to OSHA rather than the Office federal employment. In particular, Congress tary service. of Compliance General Counsel. Were the clearly stated in the law itself that certain Currently, the Board is engaged in drafting AOC to prevail in its contention that it was ‘‘rights and protections’’ of veterans’ pref- proposed regulations for USERRA’s applica- not responsible for hazards created by its erence law provisions for certain executive tion to the legislative branch. During the contractors, the ability of the General Coun- branch employees, ‘‘shall apply’’ to certain 110th Congress, the Board will present its sel to protect legislative branch employees ‘‘covered employees’’ in the legislative proposed regulations to stakeholders and en- would be severely undermined. Moreover, di- branch.15 gage in similar consultations as with the vided jurisdiction over the elimination of Initially, the Board published an Advanced proposed VEOA draft regulations. The Board hazardous conditions that affect legislative Notice of Proposed Rulemaking for VEOA anticipates that this interactive and collabo- branch employees would appear to be con- regulations on February 28, 2000, and March rative approach will allow the Board, as with trary to the purpose of the CAA. 9, 2000. Upon consideration of the comments The General Counsel’s jurisdiction to hold received, the Board changed its approach and the VEOA draft regulations, to ascertain the an employing office accountable for com- published a Notice of Proposed Rulemaking concerns and particular demands of the leg- plying with safety standards does not turn on December 6, 2001. Since that time, the islative branch with respect to application of on whether the employing office performs its Board has engaged in extensive discussions these regulations. work directly or through the use of a con- with stakeholders to obtain input and sug- There is a need for both VEOA and tractor. Otherwise, the health and safety in gestions into the drafting of the regulations. USERRA regulations in the legislative much of the legislative branch would depend The Board is mindful that stakeholder input branch. Congress has seen fit to provide serv- on the diligence and skill of independent is critical in ensuring that the proposed reg- ice men and women certain protections in contractors rather than that of the Architect ulations capture the particular workings and federal civilian employment, and without of the Capitol. The Government Account- procedures of the legislative branch. To that adopted regulations, these protections are ability Office recently expressed a similar end, the Board is committed to investing as without legal effect in the legislative concern that the ‘‘AOC had not fully exer- much time as is necessary to promulgate and branch. The particular procedures and prac- cised its authority to have the contractors implement the VEOA regulations. tices in the legislative branch necessitate

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regulations written especially for the legis- APPENDIX A basis should be applied to employing offices lative branch. The Board encourages Con- Employment and civil rights which still do not within the legislative branch. gress to adopt these regulations, once pro- apply to Congress or other legislative Prohibition against discrimination on the posed, so that VEOA and USERRA protec- branch instrumentalities basis of bankruptcy (11 U.S.C. § 525) tions can be provided specifically to employ- The statutes below, with the exception of Section 525(a) provides that ‘‘a govern- ees of the legislative branch with regulations Section 508 of the Rehabilitation Act, were mental unit’’ may not deny employment to, suitable to the needs of the covered commu- all first identified by the Board in 1996 as not terminate the employment of, or discrimi- nity. included among the laws which were applied nate with respect to employment against, a to Congress through the Congressional Ac- person who is or has been a debtor under the CONCLUSION countability Act of 1995. The absence of sec- bankruptcy statutes. This provision cur- As the tenth anniversary of the Congres- tion 508 of the Rehabilitation Act was first rently does not apply to the legislative sional Accountability Act of 1995 has now identified in our 2001 Interim Report to Con- branch. For the reasons stated in the 1996, passed, it is time for a comprehensive anal- gress. We here repeat the recommendations— 1998 and 2000 Section 102(b) Reports, the ysis and update of the law to ensure that it made in our Reports of 1996, 1998, 2000, 2002, Board recommends that the rights and pro- continues to reflect the commitment by the and 2004, as well as those of the Interim 2001 tections against discrimination on this basis lawmakers of this nation to democratic ac- Report—that these statutes should also be should be applied to employing offices within countability. applied to Congress and the legislative the legislative branch. branch through the Act. With this 102b Report, the Board of Direc- Prohibition against discharge from employ- tors of the Office of Compliance urges the The 1998 amendments to section 508 of the Re- ment by reason of garnishment (15 U.S.C. leadership of both houses of Congress to seri- habilitation Act of 1973 (29 U.S.C. 794d) § 1674(a)) ously consider the recommendations in- In November 2001, the Board submitted an Section 1674(a) prohibits discharge of any cluded in this report. The Board encourages Interim Section 102(b) Report to Congress re- employee because his or her earnings ‘‘have Congress to look at the recent activities in garding the 1998 amendments to the Reha- been subject to garnishment for any one in- the covered community to recognize the bilitation Act of 1973 in which the Board debtedness.’’ This section is limited to pri- need for the implementation of these rec- urged Congress to make those amendments vate employers, so it currently has no appli- ommendations. In particular, the efforts applicable to itself and the legislative cation to the legislative branch. For the rea- made by the Office of the General Counsel of branch. The purpose of the 1998 amendments sons set forth in the 1996, 1998 and 2000 Sec- the Office of Compliance and the Office of is to: ‘‘require each Federal agency to pro- tion 102(b) Reports, the Board has deter- the Architect of the Capitol to eliminate cure, maintain, and use electronic and infor- mined that the rights and protections safety and health hazards that exist in the mation technology that allows individuals against discrimination on this basis should covered community have been successful due with disabilities the same access to tech- be applied to employing offices within the to the collaborative nature of the approach nology as individuals without disabilities.’’ legislative branch. to the problem. However, certain safety [Senate Report on S. 1579, March 1998] APPENDIX B As of this time, some five years later, soft- issues and certain hazards may only be suc- Regulatory enforcement provisions for laws ware and other equipment which is ‘‘508 com- cessfully addressed by the use of other mech- which are already applicable to the legisla- pliant’’ is readily available and in use by anisms, such as specific retaliation protec- tive branch under the act some employing offices. The Board encour- tions for whistle blowers, preliminary in- ages consistent use of these technologies so Record-keeping and notice-posting require- junctive relief, investigative subpoenas, and that individuals with impairments may have ments of the private sector CAA laws the General Counsel’s ability to investigate the same opportunities to access materials As mentioned in its 1998, 2000, 2002, and 2004 and prosecute OSH claims of retaliation. as others. Reports, experience in the administration of A fair workplace consists of fair treatment The Board reiterates its recommendation the Act leads the Board to recommend that for its applicants and employees who serve in that Congress and the legislative branch, in- all currently inapplicable record-keeping and the military. The legislative branch attracts cluding the General Accounting Office, Gov- notice-posting provisions be made applicable and employs many men and women who have ernment Printing Office, and Library of Con- under the CAA. For the reasons set forth in collateral military responsibility. Congress gress, be required to comply with the man- its prior reports of 1998, 2002, and 2004, the has enacted laws which ensure that these in- dates of section 508. Board recommends that the Office be grant- dividuals receive the same treatment as Titles II and III of the Civil Rights Act of 1964 ed the authority to require that records be their civilian counterparts. Those service (42 U.S.C. §§ 2000a to 2000a–6, 2000b to kept and notices posted in the same manner men and women who make application for 2000b–3) as required by the agencies that enforce the provisions of law made applicable by the federal employment in the legislative branch These titles prohibit discrimination or seg- CAA in the private sector. and those individuals returning from active regation on the basis of race, color, religion, duty must be assured, through appropriate or national origin regarding the goods, serv- Other enforcement authorities exercised by the regulation, that their service in the military ices, facilities, privileges, advantages, and agencies that implement the CAA laws for will not hinder them from serving in their accommodations of ‘‘any place of public ac- the private sector country’s legislative branch of government. commodation’’ as defined in the Act. Al- To further the goal of parity, the Board The Board also encourages the leadership though the CAA incorporated the protec- also recommends that Congress grant the Of- to increase Congress’s compliance with sec- tions of titles II and III of the ADA, which fice the remaining enforcement authorities tion 102(b)(3) of the CAA. Section 102(b)(3) re- prohibit discrimination on the basis of dis- that executive branch agencies utilize to ad- quires that every House and Senate com- ability with respect to access to public serv- minister and enforce the provisions of law mittee report accompanying a bill or joint ices and accommodations,16 it does not ex- made applicable by the CAA in the private resolution that impacts terms and condi- tend protection against discrimination based sector. Implementing agencies in the execu- tions of employment or access to public serv- upon race, color, religion, or national origin tive branch have investigatory and prosecu- ices or accommodations must ‘‘describe the with respect to access to public services and torial authorities with respect to all of the manner in which the provisions of the bill or accommodations. For the reasons set forth private sector CAA laws, except the WARN joint resolution apply to the legislative in the 1996, 1998 and 2000 Section 102(b) Re- Act. Based on the experience and expertise of branch’’ or ‘‘in the case of a provision not ports, the Board has determined that the the Office, granting these same enforcement applicable to the legislative branch, include rights and protections afforded by titles II authorities would make the CAA more com- a statement of the reasons the provision does and III of the Civil Rights Act of 1964 against prehensive and effective. By taking these not apply.’’ Congress has made efforts to in- discrimination with respect to places of pub- steps to live under full agency enforcement clude such language in proposed bills, and lic accommodation should be applied to em- authority, the Congress will strengthen the the Board encourages its continued effort. ploying offices within the legislative branch. bond that the CAA created between the leg- islator and the legislated. This Board, its executive appointees, and Prohibition against discrimination on the the staff of the Office of Compliance are pre- basis of jury duty (28 U.S.C. § 1875) APPENDIX C pared to work with the leadership, our over- Section 1875 provides that no employer Employee protection provisions of environmental sight committees, other interested Members, shall discharge, threaten to discharge, in- statutes and instrumentalities in Congress and the timidate, or coerce any permanent employee Since its 1996 Report, the Board has ad- legislative branch to make these rec- by reason of such employee’s jury service, or dressed the inclusion of employee protection ommendations part of the Congressional Ac- the attendance or scheduled attendance in provisions of a number of statutory schemes: countability Act during the 110th Congress. connection with such service, in any court of the Toxic Substances Control Act, Clean Respectfully submitted, the United States. This section currently Water Act, Safe Drinking Water Act, Energy SUSAN S. ROBFOGEL, Chair. does not cover legislative branch employ- Reorganization Act, Solid Waste Disposal BARBARA L. CAMENS. ment. For the reasons set forth in the 1996, Act/Resources Conservation Recovery Act, ALAN V. FRIEDMAN. 1998 and 2000 Section 102(b) Reports, the Clean Air Act, and Comprehensive Environ- ROBERTA L. HOLZWARTH. Board has determined that the rights and mental Response, Compensation and Liabil- BARBARA CHILDS WALLACE. protections against discrimination on this ity Act. In its 1996 Section 102(b) Report, the

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S350 CONGRESSIONAL RECORD — SENATE January 10, 2007 Board stated: ‘‘It is unclear to what extent, was known for his entire life. From his During this time, I saw a side of the if any, these provisions apply to entities in days as a star of the University of President that I wish every American the Legislative Branch. Furthermore, even if Michigan football team to serving as could have seen. applicable or partly applicable, it is unclear minority leader in the U.S. House of I will never forget the day when whether and to what extent the Legislative Branch has the type of employees and em- Representatives, Gerald Ford’s ability President Ford announced that Bob ploying offices that would be subject to these to lead was apparent to all. Aside from would be his running mate. We were in provisions. Consequently, the Board reserves his leadership qualities, President Ford Bob’s hometown of Russell, KS, and my judgment on whether or not these provisions was a man beyond reproach and re- mother-in-law wanted very much to should be made applicable to the Legislative spected by all. These qualities made serve a home-cooked fried chicken din- Branch at this time.’’ him Richard Nixon’s choice to replace ner to the President. But when Presi- Further, in the 1998 Report the Board con- his first Vice President, Spiro Agnew. dent Ford and Bob arrived at her home, cluded that, while it remained unclear Following President Nixon’s resigna- they discovered that Mrs. DOLE had ac- whether some or all of the environmental statutes apply to the legislative branch, tion, Gerald Ford returned honor to cidentally locked herself out of the ‘‘[t]he Board recommends that Congress the office of the President and restored house. So there was the President of should adopt legislation clarifying that the the country’s confidence in our leaders. the United States standing on the front employee protection provisions in the envi- Gerald Ford exemplified the best of stoop patiently waiting for Mrs. DOLE ronmental protection statutes apply to all America and served the country in to find the spare key. She was a nerv- entities within the Legislative Branch.’’ every way. From his heroism in World ous wreck, but the President didn’t In the 2002 and 2004 Reports, the Board ex- War II to his Presidency and graceful mind one bit—instead, he kindly of- plicitly analyzed these protections and rec- retirement, he harkens back to a day fered to help her find the key, so to- ommended that the employee protection pro- visions of these acts be placed within the when love of country and bipartisan- gether they searched until they found CAA and applied to all covered employees, ship were paramount. it behind a drainpipe. I have always including employees of the Government Ac- Mrs. DOLE. Mr. President, it is with thought this story about a small kind- countability Office, Government Printing Of- a heavy heart that I join with all North ness truly speaks volumes about the fice, and Library of Congress. The Board re- Carolinians and all Americans in sterling character of a man I have long iterates those recommendations herein, in- mourning the passing of President Ger- respected and admired. Even as Presi- cluding its recommendation to eliminate the ald Ford. I was privileged to call Presi- dent Ford had the weight of the world separation of powers conflict inherent in en- dent Ford a dear friend for more than on his shoulders, he always treated his forcing these statutes, and urges Congress to include such amendments to the Act. 30 years, and my husband Bob and I fellow man with kindness, respect, and continue to keep Betty and the entire personal modesty. CONTACT INFORMATION Ford family in our thoughts and pray- President Ford served the United Office of Compliance, Room LA 200, John ers. States with courage and distinction, Adams Building, 110 Second Street, SE, President Ford presided over Amer- and he provided a shining example for Washington, DC 20540–1999, t/ 202–724–9250 tdd/ 202–426–1912 f/ 202–426–1913. Recorded Informa- ica during some of her most difficult all public servants to follow. I am so tion Line/ 202–724–9260 www.compliance.gov. and challenging times. Immediately proud to have known this man of char- ENDNOTES upon entering the Oval Office, Presi- acter, strength, and intellect. I will dent Ford was confronted with a myr- miss my friend, and I wish the best to 1 Subsections (b)(11) and (b)(12) refer to ‘‘competitive service,’’ merit systems prin- iad of problems—a faltering economy, Betty, his children, Michael, John, Ste- ciples, and other specific personnel matters energy shortages, international dis- ven, and Susan, and the entire Ford within the . . . . putes, and a nation disheartened and family. 2 S. 3676, 109th Cong. (2006) disillusioned by scandal. He confronted Ms. SNOWE. Mr. President, I rise 3 See 5 U.S.C. 1201 et seq. these challenges head-on, and he did so today to state how proud I was to sup- 4 See 5 U.S.C. § 7118(a)(1) with honesty, integrity, common sense, port Senate Resolution 19, celebrating 5 See 29 U.S.C. § 660(c)(2). See also Federal and decency. He was a true American the life of the late President Gerald R. Mine Safety and Health Act, 30 U.S.C. § 815 patriot who never failed to put the in- Ford. which grants the Secretary of Labor the au- thority to prosecute a discrimination claim terests of his country above his own It was an honor to commemorate the before the Federal Mine Safety and Health political interests. And, to me, that is extraordinary legacy of the 38th Presi- Review Commission. the embodiment of a true leader. dent of the United States, Gerald Ru- 6 These procedures do not apply to federal Long before entering the White dolph Ford, as we have mourned the sector equal employment opportunity. House, President Ford had a distin- loss of a treasured national leader and 7 29 U.S.C. § 158(a)(4); § 160(b). guished and successful career. He dili- exceptional public servant. 8 29 U.S.C. § 657. gently represented the people of Michi- President Ford will forever be re- 9 See ‘‘Testimony of David M. Walker, gan in the U.S. House of Representa- membered for his unassailable integ- Comptroller General of the United States Be- rity and decency, at a most difficult fore the Subcommittee on the Legislative tives for 25 years, including 8 years Branch, Committee on Appropriations, U.S. serving as House minority leader. and challenging time. He was truly a Senate’’ (May 17, 2005), p. 9. Throughout each chapter of his career, great American who devoted his life 10 OSHA Directive CPL 2–0.124, December President Ford displayed extraordinary not only to the Nation he loved but 10, 1999. care and thoughtfulness as he worked also to the finest and most ennobling 11 Id, Sections X(c) and X(e). tirelessly to bring together his col- ideals of public service. Throughout 12 Act of June 27, 1944, ch. 287, 58 Stat. 387, leagues—from both sides of the ideo- the years, President Ford represented a amended and codified in various provisions logical spectrum—for the betterment voice of civility and problem-solving— of Title 5 of the United States Code. of our Nation. And in turn, his col- of consensus-building—and healing. 13 Pub. L. 105–339, 112 Stat. 3186 (October 31, 1998). leagues respected him, relied on his History will record that his contribu- 14 Sen. Rept. 105–340, 105 Cong., 2d Sess. at wise judgment, and valued his leader- tion to America’s story was both indis- 19 (Sept. 21, 1998). ship. pensable and irrefutable. 15VEOA ‘’ 4(c)(1) and (5). As my husband Bob says, President When our Nation looked to him for f Ford was the type of person you would assurance, his stalwart character, dis- want as your next-door neighbor. He position, and judgment instilled a quiet HONORING PRESIDENT GERALD was humble, down-to-earth, and acces- and renewed confidence in our country. FORD sible. What you saw with President He restored the public trust in the Mr. SCHUMER. Mr. President, it is Ford was what you got. Presidency and in our Government, re- with great sadness but great honor In addition to having the honor of minded us of the strength and dura- that I rise to commemorate the life serving in President Ford’s administra- bility of our Constitution, and engen- and actions of Gerald R. Ford, the 38 tion as a Federal Trade Commissioner, dered a hope that tempered our anxi- President of the United States. Presi- I had the privilege of spending a good eties and turned our attention once dent Ford led our country through tur- bit of time with President Ford and his again to the future. bulent and uncertain times and did so dear wife Betty when my husband cam- During his distinguished 25 years as with a kind of strong modesty that he paigned as his running mate in 1976. both a Member and later minority

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 10, 2007 CONGRESSIONAL RECORD — SENATE S351 leader of the U.S. House of Representa- Monterey is telling in that—like Presi- casions such as this that I could not be tives, then-Congressman Gerald Ford dent Ford—it has for years taken a more proud to be both a Mainer and an never sought the office of Vice Presi- humble and unassuming place in the American. dent or President, but when in 1974 he American narrative—and yet over time This past December Mr. Worcester faced the daunting task of assuming has rightfully grown in stature and ac- was joined by 800 volunteers, including the highest office in the land, his claim. We also see a disposition and Maine Civil Air Patrol Units, local steadfast dedication to the bedrock valor in a young sailor that would be VFW and American Legion Posts, mili- principles of hardwork, common sense, brought to bear later in life as a states- tary units, congressional staffers, and duty—so emblematic of his up- man. Lieutenant Ford’s reaction to schoolchildren, Scout troops, and an bringing and his remarkable career in conflagration and crisis was to take ac- array of American veterans for the Congress—prepared him to occupy the tion and help tamp it down. Gerald trek down U.S. Route 1 from Har- White House and served him well over Ford helped bring under control the rington to Washington, DC, with 5,000 the course of his brief but historic ten- flames that imperiled the USS Mon- Maine balsam fir holiday wreaths. ure. terey. He would do similarly as Presi- In fact, it was on Thursday, Decem- With an unwavering moral compass, dent when charged to guide the ship of ber 14, 2006 when the tractor-trailer a certain grasp of purpose, and an al- state—which he did with a fearless, with the logo ‘‘Wreaths across Amer- ways-steady resolve, President Ford unflappable demeanor. And which he ica’’ was parked at the top of the 11th guided us out of conflict abroad and did, to paraphrase President Lincoln, section of the cemetery, with more quelled our concerns here at home and ‘‘with firmness in the right as God than 500 volunteers gathered and ready in doing so brought honor to the Oval [gave him] to see the right.’’ And to grace those monuments to heroism Office and reassurance to Americans. It through his eloquence of action, Gerald with red ribbons, making an already is fitting that in football as well as in Ford moved us all to ‘‘strive on to fin- beautiful testament to bravery and his public life, Gerald Ford was ever ish the work we [were] in’’ . . . and valor even more stunning and glorious. the keystone, the center that held helped ‘‘to bind up the nation’s The Maine wreaths were also laid on those around him together, who exem- wounds.’’ And for that we are eternally the grave of Edmund Muskie, former U.S. Senator from Maine and Secretary plified the essential underpinning that grateful. made progress possible. Our thoughts and prayers continue to of State, and near the sites of the On a personal note, last summer I be with First Lady Betty Ford, their Tomb of the Unknown Soldier and the had the esteemed privilege of cospon- children, and the entire Ford family. USS Maine Memorial. The many white tombstones that one soring—along with Senators WARNER, May God bless and keep President Ger- day prior had stood barren now had STEVENS, and LEVIN—an amendment ald R. Ford and may God bless the come to life because of one man and offered by Senator JOHN WARNER to the United States of America he so ably hundreds of dedicated volunteers who, 2007 Defense authorization bill that led. would name our Nation’s newest car- with full hearts and sharing hands, f simply took the time to thank those rier the ‘‘USS Gerald R. Ford.’’ In fact, who sacrificed themselves on our be- the Navy’s entire class of future car- HONORING HOLIDAY WREATHS AT half—men and women whose undaunted riers would be known as the Ford ARLINGTON CEMETERY service recalls the timeless words of class—in honor of the President we Ms. SNOWE. Mr. President, I rise President John Adams: ‘‘If we do not praise. today to recognize and honor the patri- Later this month, that accolade— otic and exemplary contribution of lay out ourselves in the service of man- which the Senate passed unani- Morrill Worcester, owner of Worcester kind whom should we serve?’’ With many of America’s finest in mously—is expected to come to fru- Wreath Company in Harrington, ME, harm’s way, especially in Iraq and Af- ition. Such a bestowal by Navy Sec- who for the past 15 years has under- ghanistan, it is more imperative than retary Winter would be an appropriate taken what has become an extraor- ever that we remember always that dinary tradition—to donate, transport, tribute to then-Lieutenant Ford, who, freedom is not free—and there are as a sailor in December 1944, encoun- and oversee the placement of Maine those who gave the full measure of de- tered a typhoon while aboard the car- balsam fir holiday wreaths on the votion to protect us and defend our lib- rier USS Monterey and demonstrated graves of the exceptional service men erty. the virtues that would emerge as the and women buried and forever extolled hallmark of his unflagging service and at Arlington National Cemetery. f sacrifice to our Nation, such as calm It is truly inspiring to see how the A NEW CHANCE FOR GUN and courage amid turmoil, presence of actions of one man can transform into LEGISLATION mind to act decisively despite confu- such an honorable and moving tribute Mr. LEVIN. Mr. President, on April sion and chaos, and an unflinching will to America’s fallen heroes. Unquestion- 20, 1999, two students walked into Col- of spirit to help others, even at great ably, I am immensely grateful to have umbine High School and carried out a personal peril. been part of Morrill Worcester’s dream, shooting rampage, killing 12 fellow stu- It has been recounted in the Bob which began in December of 1992 when dents and a teacher, as well as wound- Drury and Tom Clavin book ‘‘Halsey’s he called my office to ask if he could ing 24 others, before committing sui- Typhoon: The True Story of A Fighting place his excess wreaths on the graves cide. A week later, we paused in the Admiral, an Epic Storm, and an Untold of soldiers at Arlington National Ceme- Senate to observe a moment of silence Rescue’’ that Lieutenant Ford rescued tery. I never could have imagined that in tribute to those who died and to ex- wounded comrades, beat back raging what occurred on that day would press our sympathy for their loved fires, and helped salvage a ship that evolve remarkably into a nationwide ones. Since this tragic event, many of was ordered to be abandoned. Gerald gesture of unfailing gratitude for our us, on many occasions, have urged our Ford was integral to the effort driven troops. colleagues to debate and pass sensible by the simple belief of the skipper, During the season of thankfulness gun legislation. Captain Ingersoll, that ‘‘we can fix and giving, Morrill Worcester’s tre- Between 1999 and 2004, over 117,000 this.’’ As part of Admiral Halsey’s mendous generosity exemplifies not people have been killed by guns, crimi- Third Fleet, they did not give up the only the very best of the holiday spirit nals continue to gain easy access to USS Monterey in what reportedly was but also the inherent good will and guns and law enforcement officers do ‘‘one of the worst natural disasters in can-do belief which is the abiding hall- not have the tools they need to inves- U.S. military history,’’ a disaster mark of Mainers. And what better way tigate gun-related crimes. The 109th where much of the fleet was decimated to celebrate the joy engendered by that Congress nonetheless has failed to act and more men were purportedly killed time of year than to pay rightful hom- and has missed numerous opportunities than in the Battle of Midway. age to the countless courageous vet- to enhance the safety of our commu- Mr. President, this story in many erans who made the ultimate sacrifice nities across the Nation. Congress has ways embodies the essence of this great to ensure and protect the many free- not reauthorized the 1994 assault weap- son of Michigan. The story of the USS doms we cherish everyday. It is on oc- ons ban. Congress has not closed the

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S352 CONGRESSIONAL RECORD — SENATE January 10, 2007 gun show loophole. Congress has failed tions with a number of African nations planning on the part of the Department to make the necessary improvements is also critical. of State, USAID, and other depart- to the National Instant Criminal Back- But we have learned that the way to ments and agencies that will have to ground Check System that could sig- address the underlying causes of the se- adjust to this new organization. It will nificantly decrease the likelihood of curity challenges throughout the con- take intensive coordination and adjust- convicted criminals gaining access to tinent is not generally through mili- ments throughout the civilian inter- guns. And, the President has failed to tary power. In fact, the best way to ad- agency and it will be crucial that provide the necessary leadership. In- dress the full range of security-related State, USAID, and other departments stead we have seen a continual rise in concerns in Africa is to focus on the and agencies are playing a full role in the levels of gun related crime. This in- underlying conditions that plague gov- the creation of this command. crease in crime levels has not been re- ernments and societies throughout the The mission of this command will stricted to America’s largest cities, but continent. Security threats and insta- need to be relatively broad. Africa has also permeated America’s small bility stem from corruption, absence of Command should establish strong secu- and mid-sized cities. As Paul Helmke, human rights, poverty, disease, lagging rity-oriented relationships with our president of the Brady Campaign to economies, and joblessness. Weak gov- partner nations throughout Africa. Prevent Gun Violence and former ernments are incapable of addressing These relationships should be coordi- mayor of Fort Wayne, IN, describes it: the dynamics that often contribute to nated with our embassies and with Washington, but should only be part of For almost six years, many have system- lawlessness or violence, and are often atically made it easier for criminals to have left without any capacity to help de- our broader efforts with any given access to firearms by weakening enforce- feat trans-national threats. country. The command’s efforts should ment of laws that cut illegal gun trafficking, Our focus as a government, therefore, be balanced and should take into con- supporting policies that encourage more fire- must be on strengthening African gov- sideration the scale and scope of diplo- arms on the streets of American cities, put- ernance capacities and legitimacy, as matic, development, humanitarian, ting AK–47s and other military-style semi- well as the commitment to the rule of and human rights efforts in each coun- automatic weapons back onto our streets law, sound democratic mechanisms, try. and even placing huge restraints on the abil- The command should also prepare to and human rights. We must continue ity of governments and individuals to hold deal with international organizations— to help alleviate the humanitarian suf- the gun pushers accountable through the particularly the African Union and civil court system. fering that exists throughout the con- subregional organizations that often tinent, and we must work hard to as- The 110th Congress has a fresh oppor- play leading roles in regional and con- sist African countries develop sound tunity to act on a bipartisan basis to tinental peacekeeping efforts, conflict pass legislation that will make our democratic institutions that are cred- mitigation activities, and humani- streets safer for all Americans. I urge ible and capable, and that have the tarian response. Establishing a strong my colleagues to work to enact sen- technical capacity to provide for their relationship with the AU and other or- sible gun safety legislation for the ben- people and to govern fairly. Only then ganizations will be essential to efit of our families, communities and will we start to see real returns—real, unlocking the potential for Africans to police officers. long-term returns—for our national se- address security challenges throughout f curity. their continent. This isn’t to suggest that continued The command should also prepare to CREATION OF A U.S. AFRICA military involvement throughout the COMMAND conduct missions that have often taken continent isn’t essential. It is. But a backseat to higher profile or less Mr. FEINGOLD. Mr. President, as the only if it is a component of a broader military-focused efforts. Humanitarian Defense Department continues its plan- strategy to address these underlying assistance—often one of the best ways ning for the creation of an Africa Com- causes of instability. U.S. military ac- to win hearts and minds in the imme- mand, it is important to realize that tivities throughout Africa must help diate aftermath of a natural disaster or the creation of a new regional combat- support a larger framework that seeks conflict—will need to be at the top of ant command focused exclusively on to strengthen African governments and the command’s list of priorities. So too Africa will have a profound impact on balance the need for good governance should efforts to help rebuild societies our country’s presence, policies, and and security capacity. Our security as- after conflict. This might take the engagement in what is becoming one of sistance to African nations, and more form of logistical assistance for hu- the most critical regions of the world. broadly, the work of the U.S. military manitarian or development personnel, New bases, new personnel, new mis- throughout Africa, must not interfere or potentially a direct role for U.S. sions, new efforts, and new relation- with, create an imbalance in, or skew military personnel, when appropriate. ships will be created, and our potential the necessary political, economic, and Other critical components of the new to have a positive impact throughout social work that must be done if we are command’s mission should include the continent will be enhanced greatly. going to see any long-term improve- anticorruption efforts, leadership We have to be strategic and forward- ment in areas of critical concern. training, strengthening civilian over- thinking as we create this new organi- Accordingly, establishing a new com- sight of national militaries, preventing zation, though. Because we are making batant command for Africa presents an the spread of HIV/AIDS, demobilizing such a profound change to our posture opportunity to strengthen our national or reintegrating ex-combatants, and on the continent, we need to ensure security focus in Africa, but it also pre- being on standby for rapid response to that the new organization will con- sents an opportunity to create a mili- new conflicts or challenges. tribute to, not define, the U.S. Govern- tary command with the primary mis- The Department of Defense does a lot ment’s overall strategy and objectives sion of supporting diplomatic, develop- of this already. Many of these missions for the continent. We also need to ment, humanitarian assistance, and re- have been carried out by dedicated men make sure that the U.S. military’s ac- gional initiatives led by the Depart- and women in uniform who are sta- tivities and involvement on the con- ment of State, USAID, and other agen- tioned in places like Nigeria, Uganda, tinent do not overshadow, skew, or oth- cies. This command, if designed right, or at the Combined Joint Task Force— erwise hinder our Government’s other will be able to serve as a contributor to Horn of Africa. The challenge, though, key objectives. broader U.S. Government efforts is to establish a command that places It is clear that challenges in Africa throughout the continent, and will these initiatives on its priority list, are diverse and complex. We have a help provide an additional platform for and to ensure that these efforts are number of security-related concerns regional thinking, strategizing, and ac- resourced appropriately, are coordi- there, ranging from terrorist organiza- tivity that will advance the strategic nated with the appropriate depart- tions and safe havens to large-scale interests of our country throughout Af- ments and agencies, and that they do corruption, regional conflicts, and the rica. not distort or disrupt other key initia- disruption of global energy markets. To be effective, of course, this com- tives throughout the continent. Continuing to establishing firm and mand will take careful planning. It will With this new mission and these productive military-to-military rela- also take a considerable amount of challenges in mind, I would like to

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 10, 2007 CONGRESSIONAL RECORD — SENATE S353 raise a series of issues that I believe to Africa Command will help alleviate ess is perfect, but I would urge both be important as our government begins many coordinate challenges between Departments—in addition to USAID, developing this new command. departments that have existed to date. the Department of Treasury, Justice, First, as the Department of Defense But it won’t change the fact that the Agriculture, as well as others—to begin plans for the creation of an Africa State Department still focuses on bi- evaluating how the strategic planning Command, it is essential that it think lateral relationships and often has process can incorporate departmental outside of the traditional model of the trouble organizing, coordinating, or or agency-specific activities and efforts regional combatant command. While planning for regional initiatives or pro- into comprehensive U.S. Government this new command will help us defeat grams. Closer State-DOD relations will strategies for the continent, sub- terrorist networks that operate, re- come about as a result of the creation regions, and partner nations. Creating cruit, stage, or otherwise seek haven of Africa Command if and when the combined planning processes would throughout the continent of Africa, State Department begins addressing also benefit lawmakers that are con- this new command should not have how it can better organize itself to ad- stantly seeking better coordination combat as its primary mission. It dress regional conflicts, transnational and a higher return on taxpayer invest- should have as its core mission the counterterrorism efforts, humanitarian ments. task of supporting bilateral, regional, emergencies that spill over borders, Fifth, and in a related vein, the and continental diplomatic and devel- and ungoverned spaces. President should make absolutely clear opment efforts. It also should be fo- We must also recognize the resource that ambassadors—chiefs of mission in cused on bolstering State, USAID, and disparity between the Defense Depart- any given country—are his representa- other government activities—providing ment and the Department of State. tives and must be accountable and re- resources, information, and logistical This will most likely be an important sponsible for all actions taken on be- support for programs that have often issue as this new command is created. half of the U.S. Government in any been slowed or stopped because of the But short of dramatically increasing given country. It is essential that am- very absence of these things. the State Department’s budget in the bassadors have the ultimate say of Second, the creation of an Africa next few years to account for an addi- what happens in country, and that he Command and the design of its mis- tional and needed focus on Africa, it or she has the ability to ‘‘turn off’’ any sion, objectives, and capacity, must be will be essential that the State Depart- programs, initiatives, or efforts that done in concert with the Department of ment maintain a leadership role may adversely affect our government’s State, the U.S. Agency for Inter- throughout this entire process, and broader goals in or relationship with a national Development, and other de- that it adjusts itself to better manage given country. That said, the Depart- partments and agencies that are active ment of State may want to consider and coordinate all U.S. government ef- in Africa. This new organization—the creating a new position for Africa that forts throughout the continent. The first regional command to be focused can help liaise—at a sufficiently senior State Department should apply its best exclusively on Africa—will obviously level—with the senior Africa Command Africa and political-military minds to be military in nature, but it must cast commander on daily issues. This posi- DOD’s efforts to create this new com- a new mold for regional combatant tion would be more than a political ad- commands that incorporates inter- mand, and it should view its role as visor. This person would ideally have agency interests and responsibilities both client and patron, knowing well the ability to make decisions at the from the outset, as well as personnel that the creation of this new command traditional three- or four-star level, from throughout the government that will require new leadership efforts and provide a substantive and manage- can help advance the mission of the within the State Department. ment-oriented perspective on State and Fourth, it is crucial that the Defense U.S. Government in Africa. The De- DOD efforts throughout the continent. Department and the State Department partment of State and USAID per- This person would ideally not be based move faster to establish joint planning sonnel should be embedded deeply into in Washington, and might benefit from the command and should play impor- mechanisms—both strategic and finan- serving side-by-side with the new com- tant leadership roles in the various cial. It has become widely known that batant commander. components of this command. Formal Defense and State planning mecha- The Department of State—both in coordination mechanisms, too, must be nisms are not in sync, and that both Washington and at our embassies— established between the new command, organizations plan, or don’t plan, for must step up and play a stronger lead- our embassies, Washington, and other events, missions, and strategic objec- ership role. I would imagine that DOD pertinent regional and functional com- tives differently. This needs to be ad- would welcome this. In many countries mands around the world. dressed immediately. The creation of in Africa the Defense Department rep- Given its potential impact through- Africa Command will give both depart- resents the bulk of U.S. efforts or pres- out the continent, we should make ments an opportunity to begin syncing ence. Our security assistance programs every effort to ensure that the com- planning capabilities, and may open are wide-ranging and often overshadow mand represents a unified U.S. Govern- the window to truly interagency budg- development, economic, or political as- ment effort, and that in the early plan- eting and strategic planning processes sistance to fragile and poor countries. ning phases of this command that civil- that will align all U.S. Government re- This is not to suggest that the creation ian interagency requirements are ab- sources to address challenges in places of a new command for Africa is bad. It sorbed and incorporated into the final like Africa. is not. I authored a successful piece of organization. This may sound bureaucratic, but it legislation last year that required the Third, and more specifically, the has real implications on how we posi- Defense Department to do a complete planning process for the creation of an tion our government to address the feasibility study on this very issue. I Africa Command must be met with par- wide-ranging challenges throughout believe that it will enhance our ability allel—and equally aggressive—discus- Africa, and indeed throughout the rest to do important work throughout Afri- sions within the Department of State. of the world. The State Department de- ca, and that it will have a positive im- The Department of State must realize velops bilateral strategic plans and pact on our national security. But it is that an Africa Command will have a generates resource requirements large- essential that as we increase our ef- significant impact on how it does its ly based on bilateral, and sometimes forts to strengthen the security capa- business and how it coordinates and multilateral efforts. The Defense De- bilities of our partners in Africa, we do collaborates with the Defense Depart- partment views things more regionally, not undermine critical human rights ment. It should begin planning for in- establishing regional commands and and that we work to strengthen demo- ternal bureaucratic changes, as well as task forces that can evaluate, cratic institutions. The State Depart- posture changes throughout the con- strategize, and implement programs ment must prepare to exert its author- tinent, to account for the fact that the based on the needs or challenges ity and influence on the new com- Defense Department’s presence and unique to a given region—challenges mand’s activities and ensure that fu- focus will be regional, while the De- that often transcend national borders ture U.S. Government efforts in Africa partment of State’s efforts will remain or programming allocations. Neither are balanced and take into consider- largely bilateral. department’s strategic planning proc- ation the larger strategic efforts in any

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S354 CONGRESSIONAL RECORD — SENATE January 10, 2007 given country, region, and throughout nois coal, many users switched from Il- tivity to the environment in equal the continent. linois coal to other, lower sulfur coals ways. But, as we pursue the best course Finally, the Congress needs to be pre- mined out West. As a result, thousands of action for our energy independence, pared to support this new effort. It will of Illinois jobs vanished, and with it, we cannot delay action until we reach be essential that Congress take into ac- the life force of many of these towns. the perfect solution. Maintaining our count the needs of the Defense Depart- Air quality throughout the Nation im- dependency on unstable regions of the ment and the individual uniformed proved drastically, but vast energy re- world for the fuel that we cannot live services as this new command is cre- sources were rendered idle, awaiting without is far too great a risk. Actions ated. But it is equally essential that new future technologies. taken today must be accompanied by Congress take into account the needs Today, we are exploring those new rigorous concurrent debate in prepara- of the State Department, USAID, and technologies, which promise a renais- tion for the second and third genera- other agencies that are trying to ramp sance for coal communities. Two east tion choices of our alternative fuel in- up their efforts throughout the con- central Illinois towns, for example, are frastructure. tinent. If anything, the creation of a under consideration for the billion-dol- I urge my colleagues to support this new combatant command for Africa lar FutureGen project, which many of bill. should signal the dramatically increas- my colleagues know will be the first ing importance of Africa to our na- near zero-emissions coal-fired power- f tional security, and that to truly ad- plant in the world. dress the range of challenges present But coal from the Illinois Basin, with ADDITIONAL STATEMENTS there we need to look at an equally ag- its high energy content, is a superb gressive plan to strengthen our diplo- feedstock not just for power genera- matic, development, humanitarian, tion, as promised by FutureGen, but 60TH BIRTHDAY OF THE NORTH and human rights work throughout the also for the manufacture of Fischer- DAKOTA AIR NATIONAL GUARD continent. This may include addressing Tropsch—FT—fuel. Created in the 1920s ∑ how the Congress allocates funds—both by German scientists and used during Mr. DORGAN. Mr. President, Janu- to this new command and to the other World War II, the FT process is the ary 16, 2007, is a special day for North departments and agencies that will major fuel source for vehicles in South Dakota. make the spirit and intent of this com- Africa. In both nations, the production It is the 60th birthday of the North mand work. of diesels from coal was developed as a Dakota Air National Guard. It will also In closing, we must focus greater re- response to petroleum embargoes mark a major milestone in the history sources on Africa but we should ensure against those nations at various points of the North Dakota Air National that our efforts in Africa do not be- in their history. Guard. On that day the 119th Fighter come primarily military in nature, and Meanwhile, in the United States, Wing will conduct a ceremony hon- that the State Department continues more than 55 percent of our fuel con- oring the final flight of their F–16s, to play the primary leadership role sumption continues to come from for- closing out an illustrious history of with respect to our efforts on the con- eign oil, and that number is growing. flying fighter aircraft in defense of our tinent. Those within the Defense De- Our economy is exposed to potential country. partment, the State Department, at jeopardy from oil supply disruptions On that day, the 119th Fighter Wing USAID and other key departments and and price shocks. We must diversify will also introduce the public to its two agencies will need to use this as an op- our fuel supply, and that means all do- new missions, operating Predator un- portunity to evaluate and enhance the mestic options should be on the table manned aerial systems and flying light way they do business. The success of for consideration. transport aircraft. this governmental effort requires it, Fischer-Tropsch fuel is interchange- The North Dakota Air National and our national security depends on able with standard diesel, functioning Guard began on January 16, 1947. The it. in existing engines with little or no first Air Guard squadron organized in North Dakota was the 178th Fighter f modification. FT fuels can be trans- ported in our existing fuel distribution Squadron in Fargo. The first meetings COAL TO LIQUIDS FUEL infrastructure. Moreover, FT fuels were held in the Army National Guard PRODUCTION ACT have far lower emissions than standard Armory in downtown Fargo but the Mr. OBAMA. Mr. President, I am diesel. The Department of Defense, the squadron moved to Hector Airport by pleased to join my distinguished col- largest consumer of petroleum in the the end of the year. league, the Senator from Kentucky, United States, has great interest in ac- Duane Larson was the squadron com- Mr. BUNNING, in introducing this im- quiring this fuel. But Fischer-Tropsch mander during the 1950s. He was nick- portant legislation. is not manufactured in the U.S., and no named ‘‘Pappy’’ because he was the The geologic deposit known as Illi- focused federal initiatives exist to en- senior fighter pilot. The squadron nois Basin Coal—which lies beneath Il- courage the development of a Fischer- started calling themselves Pappy Lar- linois, Indiana and Kentucky—has Tropsch manufacturing base. son and his Happy Hooligans after an more untapped energy potential than The bill introduced by Senator BUN- old comic strip. The squadron has been the combined oil reserves of Saudi Ara- NING and myself will provide that Fed- called the Happy Hooligans ever since. bia and Kuwait. This coal deposit eral focus. This bill will help to create The Happy Hooligans began oper- underlies more than 65 percent of the a new market for abandoned and abun- ations with the P–51D Mustang. They surface of the State of Illinois, with re- dant Illinois Basin coal, revitalizing flew the Mustang until 1954. After that coverable reserves estimated to be in economic development and jobs in the they flew F–94s, F–89s, F–102s, F–101B excess of 38 billion tons from my State coal communities of our States. It will Voodoos and F–4D Phantoms. Since alone. Moreover, with just a glance at help develop the capital infrastructure 1990, they have flown F–16s. a map of Illinois, one can see that my for producing FT fuels at the levels On April 1, 1951, the Hooligans were State is dotted with towns that reflect necessary for preliminary testing by mobilized for Federal service and or- our 200-year coal mining history— the Department of Defense and for the dered to active duty during the Korean towns with names like Carbondale, En- private sector. It will explore carbon conflict. When they were demobilized ergy, Carbon Hill, Coal City, and sequestration for this technology be- in 1954, they were put on alert to de- Zeigler. fore we can pursue construction. And it fend against an attack by the Soviet In some parts of Illinois, however, will play a key role in reducing our Na- Union. At first, the alert consisted of these names are just shadows of the tion’s dependence on foreign oil. aircraft on the main ramp of Hector past. More than 15 years ago, upon the I know that there are no perfect an- Field with aircrew sleeping in a nearby enactment of the Clean Air Act swers in the pursuit of energy inde- building on base. Amendments of 1990, coal mining in Il- pendence. There is no single fuel or The alert mission was supposed to be linois was drastically transformed. feedstock that offers affordability, reli- a temporary mission for the Happy Given the high sulfur content of Illi- ability, transportability, and sensi- Hooligans. It was only supposed to last

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 10, 2007 CONGRESSIONAL RECORD — SENATE S355 6 months to a year. It turned into a 52 have flown against the world’s top him the Oil Man of the Year, in 1986 year stint. From 1954 to 2006, the North combat pilots, and they have brought the Colorado Petroleum Association Dakota Air National Guard flew alert the William Tell Award home to Fargo, named him the Pioneer Oil Man of the in more than a dozen states and nearly ND, three times, as proof that they are Year, and in 2003 the Independent Pe- a dozen nations. the best fighter pilots in the world. troleum Association of the Mountain In 1998 the Happy Hooligans estab- The Happy Hooligans have also won States selected him as the Wildcatter lished a permanent alert detachment of the Hughes Trophy twice. That award of the Year. F–16s, pilots and ground crews at Lang- recognizes the outstanding air-to-air I have known Cort to be a spirited ley Air Force Base in Virginia. Their unit in the country. It too has been contributor to his community. He mission was to provide air defense for dominated by F–15s. The 119th is the lends his expertise to organizations Washington, DC, and other locations only F–16 unit that has ever won it. like the Denver Art Museum, the El along the eastern seaboard. That mis- Alongside their flying record, the Pomar Foundation, and the Buffalo sion came to an end on October 12, 2006. Happy Hooligans also have an un- Bill Memorial Association. He is gen- I cannot talk about the Happy Hooli- matched safety record. erous as a philanthropist and has a gans alert mission without mentioning Since 1973, they have flown more candid voice on the shared challenges the events of 9/11. than 150,000 hours in F–101s, F–4s and we face. The attack on the World Trade Cen- F–16s without a single major accident. While Cort has worked primarily in ter in New York precipitated an order That amount of flight time translates the oil industry, he has also worked in for the fighters of 119th Fighter Wing’s to about 17 accident-free years in the ranching and with the National West- alert detachment to scramble from air. ern Stock Show for many years. He and Langley. Three North Dakota Air Na- That is the longest continuous period a partner ran a cattle operation in the tional Guard F–16s took to the air, but of safe fighter aircraft operations for Eagle River Valley, near Vail, and bred regrettably they were not yet over any Air National Guard fighter unit thoroughbreds for racing. Washington’s airspace when American and one of best safety records in U.S. He is being honored today because he Airlines flight 77 hit the Pentagon. Air Force history. In March 2006, the epitomizes the values which are so cen- They were still some minutes away. 119th Fighter Wing was recognized for tral to Western life—he has worked But they then flew, as I understand it, flying its F–16s for a total of 70,000 hard, acted ethically, and served his 7 or 8 hours that day performing com- hours in 3,920 individual sorties with- community with humility and honor. bat air patrol over the skies of Wash- out mishap. That is also a record. Cort belongs among the select group of ington, DC. All those trophies and records are a leaders who have received this award, In the shock of that morning, I have testament to the thousands of men and and I congratulate him on this honor.∑ to tell you that I will never forget women who have served in the North f what it meant to look up to the bright Dakota Air National Guard since 1947. blue September morning sky and see The pilots make the headlines but they MESSAGES FROM THE PRESIDENT F–16 fighter planes flying air cover would not get off the ground without Messages from the President of the over the Nation’s Capitol. We found out all the other people in the unit. United States were communicated to later those were the Happy Hooligans U.S. defense policy is changing, and the Senate by Ms. Evans, one of his from Fargo, ND. the role of the Happy Hooligans is secretaries. The Happy Hooligans are folks who going to change with it. f But make no mistake about it: the farm; run drug stores; teach school. EXECUTIVE MESSAGES REFERRED They do a lot of things in their commu- 119th Wing will still lead the way, nity. But they also are members of an doing its job for America. As in executive session the Presiding Air National Guard unit that main- The Happy Hooligans are going to ac- Officer laid before the Senate messages tains and flies aircraft. And they do cept their new missions of controlling from the President of the United that better than anybody. unmanned aerial vehicles and flying States submitting sundry nominations For almost 60 years the Happy Hooli- the future Joint Cargo Aircraft with which were referred to the appropriate gans have ranked with the best fighter the same enthusiasm and profes- committees. pilots in the world. They have flown in sionalism as they flew fighters. And (The nominations received today are contests against the world’s top com- they will perform those missions better printed at the end of the Senate pro- bat pilots, and they have brought the than anyone else in the country. Be- ceedings.) trophies home to Fargo, ND, as proof cause that is the way they do every- f that they are the best fighter pilots in thing.∑ MESSAGE FROM THE HOUSE the world. f Several years ago, USA Today wrote At 5:43 p.m., a message from the about the Happy Hooligans. It called HONORING CORTLANDT DIETLER House of Representatives, delivered by them the ‘‘Godfathers of air superi- ∑ Mr. SALAZAR. Mr. President, I Ms. Niland, one of its reading clerks, ority.’’ It said, ‘‘When you strap one of would like to recognize Cortlandt announced that the House has passed these senior fliers into the cockpit of Dietler, a great Coloradan who tonight the following bill, in which it requests an F–16 Fighting Falcon, the younger is receiving the National Western the concurrence of the Senate: boys get out of the way because these Stock Show’s 2007 Citizen of the West H.R. 2. An act to amend the Fair Labor are the best air-to-air combat fighters award. This is an honor befitting a man Standards Act of 1938 to provide for an in- crease in the Federal minimum wage. in the world.’’ whose life and career exemplify the That article was about one of the Western values of independence, hard f three times that the 119th Fighter work, and humility. ENROLLED BILL SIGNED Wing won the Air Force’s William Tell A native Coloradan, Cort is a pioneer The President pro tempore (Mr. in the oil industry and has helped competition. BYRD) reported that he had signed the William Tell is the U.S. Air Force’s make Denver an energy center for our following enrolled bill, which was pre- foremost air-to-air competition. It is Nation. He began his career with viously signed by the Speaker of the the Super Bowl of air superiority. F–16 ARAMCO in Lebanon in 1947, and has House: units are not supposed to win it. Re- been involved with more than 30 energy S. 159. An act to redesignate the White serve component units are not sup- companies since, many of which he has Rocks National Recreation Area in the State posed to win it. F–15 teams from active led or has founded. Today, he is the of Vermont as the ‘‘Robert T. Stafford White Air Force wings are supposed to win it. chairman of TransMontaigne Inc, a pe- Rocks National Recreation Area’’. But someone must have forgotten to troleum product distribution and mar- f tell this to the Happy Hooligans. keting company which he founded. He So this National Guard unit from is so respected in his industry that his MEASURES READ THE FIRST TIME Fargo, ND, has taken its airplanes to peers have honored him repeatedly; in The following bill was read the first the William Tell contest, and they 1976 the Denver Petroleum Club named time:

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S356 CONGRESSIONAL RECORD — SENATE January 10, 2007 H.R. 2. An act to amend the Fair Labor pertinent part ‘‘Done . . . in the Year of our of Jesus Christ in Article VII, providing in Standards Act of 1938 to provide for an in- Lord . . .,’’ threats of federal court litiga- pertinent part ‘‘Done . . . in the Year of our crease in the Federal minimum wage. tion over the acknowledgment of God now Lord . . .,’’ threats of federal court litiga- have some Americans doubtful whether it is tion over the acknowledgment of God now f even ‘‘constitutional’’ to extend greetings of have some Americans doubtful whether it is EXECUTIVE AND OTHER ‘‘Merry Christmas’’ or otherwise publicly ac- even ‘‘constitutional’’ to extend greetings of COMMUNICATIONS knowledge the historical birth of Christ; and ‘‘Merry Christmas’’ or otherwise publicly ac- Whereas, the First Amendment of the knowledge the historical birth of Christ; and The following communications were United States Constitution, which provides Whereas, the First Amendment of the laid before the Senate, together with in part that ‘‘Congress shall make no law re- United States Constitution, which provides accompanying papers, reports, and doc- specting an establishment of religion,’’ is in part that ‘‘Congress shall make no law re- uments, and were referred as indicated: specific and unequivocal instruction to only specting an establishment of religion,’’ is the United States Congress and the United specific and unequivocal instruction to only EC–252. A communication from the Prin- States Constitution makes no restriction on the United States Congress and the United cipal Deputy, Office of the Under Secretary the ability of states, municipalities, or indi- States Constitution makes no restriction on of Defense (Personnel and Readiness), trans- viduals to acknowledge God, the Supreme the ability of states, municipalities, or indi- mitting, authorization of 2 officers to wear Ruler of the Universe; and viduals to acknowledge God, the Supreme the insignia of brigadier general in accord- Whereas, the federal judiciary has over- Ruler of the Universe; and ance with title 10, United States Code, sec- stepped its constitutional boundaries and Whereas, the federal judiciary has over- tion 777; to the Committee on Armed Serv- ruled against the acknowledgment of God as stepped its constitutional boundaries and ices. the sovereign source of law, liberty, and gov- ruled against the acknowledgment of God as EC–253. A communication from the Under ernment by local and state officers and other the sovereign source of law, liberty, and gov- Secretary of Defense (Personnel and Readi- state institutions, including state schools; ernment by local and state officers and other ness), transmitting, a report on the approved and state institutions, including state schools; retirement of General John P. Abizaid, Whereas, a constant complaint from the and United States Army, and his advancement to federal courts is that their caseloads are too Whereas, a constant complaint from the the grade of general on the retired list; to heavy due in part to an increasingly large federal courts is that their caseloads are too the Committee on Armed Services. proportion of cases consuming the docket of heavy due in part to an increasingly large EC–254. A communication from the Federal federal courts which involve ‘‘unconstitu- proportion of cases consuming the docket of Register Certifying Office, Financial Man- tional separation between church and state’’ federal courts which involve ‘‘unconstitu- agement Service, Department of the Treas- claims involving litigants who claim to be tional separation between church and state’’ ury, transmitting, pursuant to law, the re- offended at the mention of Jesus Christ; and claims involving litigants who claim to be port of a rule entitled ‘‘Administrative Off- Whereas, one significant way dockets of offended at the mention of Jesus Christ; and set Under Reciprocal Agreements with federal courts could be reduced would be the Whereas, one significant way dockets of States’’ (RIN1510–AB09) received on January adoption of the Constitutional Restoration federal courts could be reduced would be the 9, 2007; to the Committee on Banking, Hous- Act by Congress which would remove the ju- adoption of the Constitutional Restoration ing, and Urban Affairs. risdiction of the federal courts over these Act by Congress which would remove the ju- EC–255. A communication from the Regu- types of claims or controversies under the risdiction of the federal courts over these latory Specialist, Office of the Comptroller authority of Article III, Section 2, of the types of claims or controversies under the of the Currency, Department of the Treas- United States Constitution; and authority of Article III, Section 2, of the ury, transmitting, pursuant to law, the re- Whereas, the Senate of the Louisiana Leg- United States Constitution; and port of a rule entitled ‘‘Community Rein- islature recognizes that this is the season to Whereas, the Louisiana Legislature recog- vestment Act Regulations’’ (RIN1557–AD00) give gifts and be charitable and an integral nizes that this is the season to give gifts and received on January 9, 2007; to the Com- part of the season is the inclusion and ac- be charitable and an integral part of the sea- mittee on Banking, Housing, and Urban Af- knowledgment of Jesus Christ: Therefore, be son is the inclusion and acknowledgment of fairs. it Jesus Christ: Therefore, be it Resolved, That the Senate of the Legisla- EC–256. A communication from the Direc- Resolved, That the Legislature of Louisiana ture of Louisiana memorializes the Congress tor, Strategic Human Resources Policy Divi- memorializes the Congress of the United of the United States to adopt the Constitu- sion, Office of Personnel Management, trans- States to adopt the Constitution Restoration tion Restoration Act, thereby reducing the mitting, pursuant to law, the report of a rule Act, thereby reducing the caseload of our caseload of our federal courts by removing entitled ‘‘Awards’’ (RIN3206–AL06) received federal courts by removing from their juris- from their jurisdiction any and all cases in- on January 9, 2007; to the Committee on diction any and all cases involving the ac- volving the acknowledgment of God as the Homeland Security and Governmental Af- knowledgment of God as the sovereign sovereign source of law, liberty, or govern- fairs. source of law, liberty, or government as au- ment as authorized by Article III, Section 2, f thorized by Article III, Section 2, of the of the United States Constitution. Be it fur- United States Constitution. Be it further PETITIONS AND MEMORIALS ther Resolved, That a copy of this Resolution be Resolved, That a copy of this Resolution transmitted to the secretary of the United The following petitions and memo- shall be transmitted to the secretary of the States Senate and the clerk of the United rials were laid before the Senate and United States Senate and the clerk of the States House of Representatives and to each United States House of Representatives and were referred or ordered to lie on the member of the Louisiana delegation to the to each member of the Louisiana delegation table as indicated: United States Congress. to the United States Congress. POM–1. A resolution adopted by the Senate of the State of Louisiana relative to memori- POM–2. A concurrent resolution adopted POM–3. A resolution adopted by the House alizing Congress to adopt the Constitution by the Legislature of the State of Louisiana of Representatives of the State of Louisiana Restoration Act; to the Committee on the relative to memorializing Congress to adopt relative to memorializing Congress to take Judiciary. the Constitution Restoration Act; to the such actions as are necessary to create a fed- SENATE RESOLUTION NO. 16 Committee on the Judiciary. eral catastrophe fund; to the Committee on Banking, Housing, and Urban Affairs. Whereas, in 2005, the United States Su- SENATE CONCURRENT RESOLUTION NO. 23 preme Court, in two razor thin majorities of Whereas, in 2005, the United States Su- HOUSE RESOLUTION NO. 6 5–4 in Van Orden v. Perry (Texas) and ACLU preme Court, in two razor thin majorities of Whereas, creation of a federal catastrophe v. McCreary County (Kentucky), concluded 5–4 in Van Orden v. Perry (Texas) and ACLU fund is a comprehensive, integrated approach that it is inconsistent with the First Amend- v. McCreary County (Kentucky), concluded to help better prepare and protect the nation ment to display the Ten Commandments in that it is inconsistent with the First Amend- from natural catastrophes, such as hurri- an outdoor public square in Texas, but not ment to display the Ten Commandments in canes, tornadoes, wildfires, snowstorms, and on the courthouse walls of two counties in an outdoor public square in Texas, but not earthquakes; and Kentucky; and on the courthouse walls of two counties in Whereas, the current system of response to Whereas, at the instance of the Indiana Kentucky; and catastrophes leaves many people and busi- Civil Liberties Union, a federal judge re- Whereas, at the instance of the Indiana nesses at risk of being unable to replace cently ordered the Indiana House of Rep- Civil Liberties Union, a federal judge re- what they lost, wastes tax dollars, raises in- resentatives to discontinue opening its ses- cently ordered the Indiana House of Rep- surance premiums, and leads to shortages of sions in prayer in the name of Jesus Christ, resentatives to discontinue opening its ses- insurance needed to sustain our economy; ruling that the practice is now ‘‘unconstitu- sions in prayer in the name of Jesus Christ, and tional’’; and ruling that the practice is now ‘‘unconstitu- Whereas, creation of a federal catastrophe Whereas, despite the fact that America’s tional’’; and fund would help stabilize insurance markets Constitution ends with an acknowledgment Whereas, despite the fact that America’s following a catastrophe and help steady in- of Jesus Christ in Article VII, providing in Constitution ends with an acknowledgment surance costs for consumers while making it

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 10, 2007 CONGRESSIONAL RECORD — SENATE S357 possible for private insurers to offer more in- rents and royalties derived from federal thorize Louisiana to lease closed interstate surance in catastrophe-prone areas; and leases on the Outer Continental Shelf in the rest areas to private entities; to the Com- Whereas, a portion of the premiums col- Gulf of Mexico, and under current federal mittee on Environment and Public Works. lected by insurance companies could be de- law nearly all of these revenues are depos- SENATE CONCURRENT RESOLUTION NO. 13 posited into such a fund which could be ad- ited into the General Treasury of the United Whereas, many rest areas located on Lou- ministered by the United States Treasury States; and isiana’s interstate highways have been and grow tax free; and Whereas, in recognition of the urgent crisis closed in recent years; and Whereas, the federal catastrophe fund facing coastal Louisiana and of the support Whereas, these closed rest areas have cre- would operate as a ‘‘backstop’’ and could provided by each of the Gulf Coast states ated a burden on the state and an eyesore to only be accessed when private insurers and that produce oil and gas for the nation, and interstate travelers; and state catastrophe funds have paid losses in in further acknowledgment of the significant Whereas, if the Congress authorized Lou- excess of a defined threshold; and amount of funding available from oil and gas isiana to lease closed interstate rest areas to Whereas, utilizing the capacity of the fed- production on the Outer Continental Shelf, private entities, certain conveniences, such eral government would help smooth out fluc- the United States Congress passed the as gas stations, auto repair stations and res- tuations consumers currently experience in Domenici-Landrieu Gulf of Mexico Energy taurants, could be offered to the traveling insurance prices and availability because of Security Act of 2006 on December 9, 2006; and public in a convenient manner; and exposure to large catastrophic losses and Whereas, this act authorizes oil and gas de- Whereas, these conveniences would then be would provide better protection at a lower velopment in about 8.3 million acres of the available in areas where they are not cur- price; and eastern Gulf of Mexico, including 2.5 million rently available; and Whereas, when there is a gap between the acres within a section known as Lease Area Whereas, such developments could provide insurance protection consumers buy and the 181; and a revenue stream to Louisiana by making damage caused by a major catastrophe, tax- Whereas, beginning in the federal Fiscal use of property in a desirable area not cur- payers across the country pay much of the Year 2007 and in each fiscal year thereafter, rently being used in commerce: Therefore, be difference, as congressional appropriations of this Act directs the secretary of the United it billions of dollars for after-the-fact disaster States Department of the Interior to share Resolved, That the Legislature of Louisiana relief in the aftermath of Hurricane Katrina 37.5 percent of the revenues from these new memorializes the Congress of the United demonstrated: Therefore, be it areas with the states of Texas, Louisiana, States to authorize Louisiana to lease closed Resolved, That the House of Representa- Mississippi and Alabama for coastal restora- interstate rest areas to private entities in tives of the Legislature of Louisiana does tion, with such funds to be derived from order to provide services and products help- hereby memorialize the United States Con- bonus bids, rents, and royalties on leases ful or desirable to interstate travelers. Be it gress to take such actions as are necessary within the new areas; and further to create a federal catastrophe fund; and be Whereas, beginning in the federal Fiscal Resolved, That a copy of this Resolution it further Year 2016 and in each fiscal year thereafter, shall be transmitted to the secretary of the Resolved, That a copy of this Resolution be this Act further directs the secretary of the United States Senate and the clerk of the transmitted to the presiding officers of the United States Department of the Interior to United States House of Representatives and Senate and the House of Representatives of share 37.5 percent of the revenues with the to each member of the Louisiana delegation the Congress of the United States of America states of Texas, Louisiana, Mississippi and to the United States Congress. and to each member of the Louisiana con- Alabama from all new federal oil and gas f gressional delegation. leases after the date of enactment in existing U.S. Department of Interior, Mineral Man- INTRODUCTION OF BILLS AND POM–4. A concurrent resolution adopted agement Service, planning areas throughout JOINT RESOLUTIONS by the Legislature of the State of Louisiana the Gulf of Mexico; and The following bills and joint resolu- relative to commending and memorializing Whereas, the enactment of this Act rep- Congress for passing the Domenici-Landrieu resents the most significant change offshore tions were introduced, read the first Gulf of Mexico Energy Security Act of 2006; oil and gas policy in over fifty years; and and second times by unanimous con- to the Committee on Energy and Natural Re- Whereas, the dedication of these revenues sent, and referred as indicated: sources. constitute the beginning of the steady By Ms. CANTWELL: SENATE CONCURRENT RESOLUTION NO. 16 stream of federal funding sought by the Lou- S. 235. A bill to authorize the Secretary of Whereas, since 1930 the coastal landscape isiana congressional delegation for decades; the Interior to convey certain buildings and of Louisiana has lost over 1,900 square miles and lands of the Yakima Project, Washington, to of land, eroding at a rate of 25 square miles Whereas, such steady stream of federal the Yakima-Tieton Irrigation District; to every year. In addition, hurricanes Katrina funding is a truly significant step towards the Committee on Energy and Natural Re- and Rita converted over 200 square miles of sustainable coastal protection and restora- sources. wetlands into open water; and tion as an attainable goal for Louisiana: By Mr. FEINGOLD (for himself, Mr. Whereas, the communities, economy, nat- Therefore, be it SUNUNU, Mr. LEAHY, and Mr. AKAKA): ural resources, and cultural heritage of Resolved, That the Legislature of Louisiana S. 236. A bill to require reports to Congress south Louisiana remain vulnerable to the ex- commends and memorializes the United on Federal agency use of data mining; to the tremes of coastal flooding, hurricanes, and States Congress for passing the Domenici- Committee on the Judiciary. land loss; and Landrieu Gulf of Mexico Energy Security By Mrs. FEINSTEIN (for herself, Mr. Whereas, the protection and restoration of Act of 2006, which provides for sharing of fed- CRAIG, Mr. KENNEDY, Mr. MARTINEZ, coastal Louisiana will require a long term eral offshore oil and gas revenue with Lou- Mrs. BOXER, and Mr. VOINOVICH): commitment of funding to establish com- isiana for coastal protection and restoration. S. 237. A bill to improve agricultural job prehensive, effective and sustainable coastal Be it further opportunities, benefits, and security for protection projects and programs; and Resolved, That the Legislature of Louisiana aliens in the United States and for other pur- Whereas, the Louisiana congressional dele- congratulates the members of the Louisiana poses; to the Committee on the Judiciary. gation has been working for decades to se- congressional delegation for their dedica- By Mrs. FEINSTEIN (for herself, Mr. cure a steady stream of revenue to fund the tion, persistence, and vigilance in fighting GREGG, Mr. SUNUNU, Mr. NELSON of critical work of coastal protection and res- for a share of federal offshore oil and gas rev- Florida, and Mr. LEAHY): toration in Louisiana; and enues to protect and restore coastal Lou- S. 238. A bill to amend title 18, United Whereas, since the inception and develop- isiana through the passage of the Domenici- States Code, to limit the misuse of Social ment of federal offshore oil and gas produc- Landrieu Gulf of Mexico Energy Security Security numbers, to establish criminal pen- tion in the Gulf of Mexico, the state of Lou- Act of 2006. Be it further alties for such misuse, and for other pur- isiana has provided essential onshore support Resolved, That the Legislature of Louisiana poses; to the Committee on the Judiciary. for such production; and requests and urges President George W. Bush By Mrs. FEINSTEIN: Whereas, such support has included numer- to immediately sign the Domenici-Landrieu S. 239. A bill to require Federal agencies, ous components of Louisiana’s vital ‘‘energy Gulf of Mexico Energy Security Act of 2006. and persons engaged in interstate commerce, corridor’’ that provide the nation with a Be it further in possession of data containing sensitive third of its domestic oil and gas supply, in- Resolved, That a copy of this Resolution personally identifiable information, to dis- cluding the pipeline systems that cross Lou- shall be transmitted to the secretary of the close any breach of such information; to the isiana’s coastal wetlands; and United States Senate and the clerk of the Committee on the Judiciary. Whereas, the countless communities in United States House of Representatives, to By Mr. CRAIG (for himself, Mr. DOMEN- south Louisiana that form the backbone and each member of the Louisiana delegation to ICI, Mr. BINGAMAN, Mr. ENZI, Mr. STE- labor force to facilitate the delivery of these the United States Congress, and to the office VENS, Mr. BENNETT, Ms. MURKOWSKI, crucial energy resources to the rest of the of the President of the United States. and Mr. BUNNING): nation are critical factors in such support; S. 240. A bill to reauthorize and amend the and POM–5. A concurrent resolution adopted National Geologic Mapping Act of 1992; to Whereas, the federal government collects by the Legislature of the State of Louisiana the Committee on Energy and Natural Re- over $6 billion each year from the bonus bids, relative to memorializing Congress to au- sources.

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S358 CONGRESSIONAL RECORD — SENATE January 10, 2007 By Mr. WYDEN (for himself and Mr. and to guarantee access to comprehensive cial Security Act to preserve and pro- AKAKA): prescription drug coverage under part D of tect Social Security benefits of Amer- S. 241. A bill to authorize the Secretary of the Medicare program, and for other pur- ican workers and to help ensure great- the Interior to enter into cooperative agree- poses; to the Committee on Finance. er congressional oversight of the Social ments to protect natural resources of units By Mr. VITTER (for himself and Mr. of the National Park System through col- DEMINT): Security system by requiring that both laborative efforts on land inside and outside S. 251. A bill to amend the Federal Food, Houses of Congress approve a total- of units of the National Park System; to the Drug, and Cosmetic Act with respect to the ization agreement before the agree- Committee on Energy and Natural Re- importation of prescription drugs, and for ment, giving foreign workers Social sources. other purposes; to the Committee on Health, Security benefits, can go into effect. By Mr. DORGAN (for himself, Ms. Education, Labor, and Pensions. S. 65 SNOWE, Mr. GRASSLEY, Mr. KENNEDY, By Mr. FEINGOLD: At the request of Mr. INHOFE, the Mr. MCCAIN, Ms. STABENOW, Mr. S. 252. A bill to repeal the provision of law SPECTER, Mr. BINGAMAN, Ms. COLLINS, that provides automatic pay adjustments for name of the Senator from Florida (Mr. Mrs. FEINSTEIN, Mr. DURBIN, Mr. NEL- Members of Congress; to the Committee on NELSON) was added as a cosponsor of S. SON of Florida, Mr. PRYOR, Mr. KOHL, Homeland Security and Governmental Af- 65, a bill to modify the age-60 standard Mr. LEVIN, Mr. SCHUMER, Mr. LEAHY, fairs. for certain pilots and for other pur- Mr. OBAMA, Mr. WYDEN, Mr. SANDERS, By Ms. LANDRIEU: poses. Mr. KERRY, Mr. BROWN, Mr. FEIN- S. 253. A bill to permit the cancellation of S. 143 GOLD, Mr. INOUYE, Mrs. LINCOLN, Mr. certain loans under the Robert T. Stafford SALAZAR, Mrs. CLINTON, Mrs. BOXER, At the request of Ms. CANTWELL, the Disaster Relief and Emergency Assistance names of the Senator from Nevada (Mr. and Mr. TESTER): Act, and for other purposes; to the Com- S. 242. A bill to amend the Federal Food, mittee on Homeland Security and Govern- REID) and the Senator from Tennessee Drug, and Cosmetic Act with respect to the mental Affairs. (Mr. CORKER) were added as cosponsors importation of prescription drugs, and for By Mr. ENZI (for himself and Mrs. of S. 143, a bill to amend the Internal other purposes; to the Committee on Health, CLINTON): Revenue Code of 1986 to make perma- Education, Labor, and Pensions. S. 254. A bill to award posthumously a Con- By Mr. ENSIGN (for himself, Mr. nent the deduction of State and local gressional gold medal to Constantino MCCONNELL, Mr. GREGG, Mr. CORNYN, general sales taxes. Brumidi; to the Committee on Banking, Mr. SESSIONS, Mr. DEMINT, Mr. S. 147 Housing, and Urban Affairs. INHOFE, Mr. COBURN, Mr. VITTER, By Mr. DOMENICI (for himself and Mr. At the request of Mrs. BOXER, the Mrs. DOLE, Mr. VOINOVICH, Mr. BINGAMAN): name of the Senator from California THUNE, Mr. ALLARD, Mr. ALEXANDER, S. 255. A bill to provide assistance to the (Mrs. FEINSTEIN) was added as a co- and Mr. BURR): S. 243. A bill to improve patient access to State of New Mexico for the development of sponsor of S. 147, a bill to empower health care services and provide improved comprehensive State water plans, and for women in Afghanistan, and for other medical care by reducing the excessive bur- other purposes; to the Committee on Energy purposes. and Natural Resources. den the liability system places on the health S. 191 care delivery system; to the Committee on f At the request of Mrs. HUTCHISON, the Health, Education, Labor, and Pensions. name of the Senator from Ohio (Mr. By Mr. GREGG (for himself, Mr. SUBMISSION OF CONCURRENT AND VOINOVICH) was added as a cosponsor of MCCONNELL, Mr. ENSIGN, Mr. CORNYN, SENATE RESOLUTIONS Mr. SESSIONS, Mr. DEMINT, Mr. S. 191, a bill to provide relief for all air The following concurrent resolutions carriers with pension plans that are INHOFE, Mrs. DOLE, Mr. VOINOVICH, and Senate resolutions were read, and Mr. THUNE, Mr. ALLARD, and Mr. not frozen pension plans. ALEXANDER): referred (or acted upon), as indicated: S. 195 S. 244. A bill to improve women’s access to By Ms. COLLINS (for herself, Mr. LIE- At the request of Mr. DORGAN, the health care services and provide improved BERMAN, Mr. CARPER, Mr. COLEMAN, names of the Senator from Minnesota medical care by reducing the excessive bur- and Mr. AKAKA): den the liability system places on the deliv- S. Res. 22. A resolution reaffirming the (Ms. KLOBUCHAR), the Senator from ery of obstetrical and gynecological services; constitutional and statutory protections ac- Wyoming (Mr. ENZI) and the Senator to the Committee on the Judiciary. corded sealed domestic mail, and for other from Montana (Mr. TESTER) were added By Mr. PRYOR (for himself and Mrs. purposes; to the Committee on Homeland Se- as cosponsors of S. 195, a bill to amend LINCOLN): curity and Governmental Affairs. the Federal Crop Insurance Act to es- S. 245. A bill to authorize the Secretary of f tablish permanent authority for the the Interior to designate the President Wil- Secretary of Agriculture to quickly liam Jefferson Clinton Birthplace Home in ADDITIONAL COSPONSORS provide disaster relief to agricultural Hope, Arkansas, as a National Historic Site S. 2 and unit of the National Park System, and producers that incur crop or livestock At the request of Mr. KENNEDY, the for other purposes; to the Committee on En- losses as a result of damaging weather name of the Senator from Oregon (Mr. ergy and Natural Resources. or related condition in federally de- WYDEN) was added as a cosponsor of S. By Ms. SNOWE (for herself, Mr. KERRY, clared disaster areas, and for other pur- 2, a bill to amend the Fair Labor Mr. ENZI, and Ms. LANDRIEU): poses. S. 246. A bill to enhance compliance assist- Standards Act of 1938 to provide for an S. 211 ance for small business; to the Committee on increase in the Federal minimum wage. Small Business and Entrepreneurship. At the request of Mrs. CLINTON, the S. 5 By Mr. BOND: names of the Senator from Arkansas S. 247. A bill to designate the United At the request of Mr. REID, the name (Mrs. LINCOLN), the Senator from Kan- States courthouse located at 555 Independ- of the Senator from Maine (Ms. COL- sas (Mr. ROBERTS) and the Senator ence Street, Cape Girardeau, Missouri, as the LINS) was added as a cosponsor of S. 5, from Pennsylvania (Mr. SPECTER) were ‘‘Rush Hudson Limbaugh, Sr. United States a bill to amend the Public Health Serv- added as cosponsors of S. 211, a bill to Courthouse’’; to the Committee on Environ- ice Act to provide for human embry- facilitate nationwide availability of 2– ment and Public Works. onic stem cell research. By Mr. BAUCUS (for himself and Ms. 1–1 telephone service for information SNOWE): S. 10 and referral on human services, volun- S. 248. A bill to amend the Internal Rev- At the request of Mr. REID, the name teer services, and for other purposes. enue Code of 1986 to permanently extend and of the Senator from Indiana (Mr. BAYH) S. 214 modify the work opportunity credit, and for was added as a cosponsor of S. 10, a bill At the request of Mrs. FEINSTEIN, the other purposes; to the Committee on Fi- to reinstate the pay-as-you-go require- nance. name of the Senator from Arkansas By Mrs. FEINSTEIN: ment and reduce budget deficits by (Mr. PRYOR) was added as a cosponsor S. 249. A bill to permit the National Foot- strengthening budget enforcement and of S. 214, a bill to amend chapter 35 of ball League to restrict the movement of its fiscal responsibility. title 28, United States Code, to pre- franchises, and for other purposes; to the S. 43 serve the independence of United Committee on the Judiciary. At the request of Mr. ENSIGN, the States attorneys. By Ms. SNOWE (for herself and Mr. S. 223 WYDEN): name of the Senator from Wyoming S. 250. A bill to reduce the costs of pre- (Mr. ENZI) was added as a cosponsor of At the request of Mr. FEINGOLD, the scription drugs for Medicare beneficiaries S. 43, a bill to amend title II of the So- name of the Senator from Delaware

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 10, 2007 CONGRESSIONAL RECORD — SENATE S359 (Mr. BIDEN) was added as a cosponsor of due recognition of the importance of a July 2006 report from the Privacy Of- S. 223, a bill to require Senate can- the Voting Rights Act to Hispanic- fice at the Department of Homeland didates to file designations, state- Americans. Prior to the VRA, His- Security that provides some inter- ments, and reports in electronic form. panics, like minorities of all races, esting policy suggestions relating to S. 233 faced major barriers to participation in data mining. At the request of Mr. KENNEDY, the the political process, through the use But this information has come to us name of the Senator from New Jersey of such devices as poll taxes, exclu- haphazardly, and lacks detail about the (Mr. MENENDEZ) was added as a cospon- sionary primaries, intimidation by vot- precise nature of the data mining pro- sor of S. 233, a bill to prohibit the use ing officials, language barriers, and grams being utilized or developed, of funds for an escalation of United systematic vote dilution. their efficacy, and the consequences States military forces in Iraq above the I urge the Senate quickly to take up Americans could face as a result. Fur- numbers existing as of January 9, 2007. and pass this measure as we convene thermore, much of the reporting thus the new Congress and commit our- far has focused on the Department of AMENDMENT NO. 4 selves again to ensuring that the great Homeland Security. It also appears At the request of Ms. KLOBUCHAR, her promises of the 14th and 15th amend- there has been little if any govern- name was added as a cosponsor of ments are kept for all Americans and ment-wide consideration of privacy amendment No. 4 proposed to S. 1, a that the Voting Rights Act Reauthor- policies for these types of programs. In- bill to provide greater transparency in ization and Amendments Act is fully deed, public debate on government data the legislative process. implemented to protect the rights of mining has been generated more by f all Americans. press stories than as a result of con- STATEMENTS ON INTRODUCED f gressional oversight. My bill would require all Federal BILLS AND JOINT RESOLU- STATEMENTS ON INTRODUCED TIONS—JANUARY 4, 2007 agencies to report to Congress within BILLS AND JOINT RESOLUTIONS 180 days and every year thereafter on By Mr. SALAZAR (for himself, By Mr. FEINGOLD (for himself, data mining programs developed or Mr. LEAHY, Mr. REID, Mr. Mr. SUNUNU, Mr. LEAHY, and used to find a pattern or anomaly indi- MENENDEZ, Mrs. BOXER, and Mr. AKAKA): cating terrorist or other criminal ac- Mrs. FEINSTEIN): S. 236. A bill to require reports to tivity on the part of individuals, and S. 188. A bill to revise the short title Congress on Federal agency use of data how these programs implicate the civil of the Fannie Lou Hamer, Rosa Parks, mining; to the Committee on the Judi- liberties and privacy of all Americans. and Coretta Scott King Voting Rights ciary. If necessary, specific information in Act Reauthorization and Amendments Mr. FEINGOLD. Mr. President, I am the various reports could be classified. Act of 2006; to the Committee on the pleased today to introduce the Federal This is information we need to have. Judiciary. Agency Data Mining Reporting Act of Congress should not be learning the de- Mr. LEAHY. Mr. President, today I 2007. I want to thank Senator SUNUNU tails about data mining programs after join Senator SALAZAR in introducing a for once again cosponsoring this bill, millions of dollars are spent testing or bill to include Cesar E. Chavez among which we also introduced in the last using data mining against the names of the great civil rights Congress. Senator SUNUNU has consist- unsuspecting Americans. The possi- leaders we honor in the title of last ently been a leader on privacy issues, bility of unchecked, secret use of data year’s Voting Rights Act Reauthoriza- and I am pleased to work with him on mining technology threatens one of the tion and Amendments Act of 2006, this effort. I also want to thank Sen- most important values that we are ‘‘VRARA’’. I supported taking this ac- ators LEAHY, AKAKA, and WYDEN, for fighting for in the war against ter- tion last year during the Senate Judi- their continuing support of the bill. rorism—freedom. ciary Committee’s consideration of the The controversial data analysis tech- Data mining could rely on a com- VRARA when I offered an amendment nology known as data mining is capa- bination of intelligence data and per- on behalf of Senator SALAZAR to add ble of reviewing millions of both public sonal information like individuals’ the Hispanic civil rights leader to and private records on each and every traffic violations, credit card pur- those for whom the law is named. As American. The possibility of govern- chases, travel records, medical records, Senator SALAZAR reminded us, Cesar ment law enforcement or intelligence and virtually any information con- Chavez is an American hero who sac- agencies fishing for patterns of crimi- tained in commercial or public data- rificed his life to empower the most nal or terrorist activity in these vast bases. Congress must conduct oversight vulnerable in America. Like Fannie quantities of digital data raises serious to make sure that all government Lou Hamer, Rosa Parks, and Coretta privacy and civil liberties issues—not agencies engaged in fighting terrorism Scott King, for whom the VRARA is to mention serious questions about the and other criminal enterprises—not named, he believed strongly in the effectiveness of these types of searches. just the Department of Homeland Se- right to vote as a cornerstone of Amer- But four years after Congress first curity, but also the Department of Jus- ican democracy. I offered the amend- learned about and defunded the Defense tice, the Department of Defense and ment in the Judiciary Committee and Department’s program called Total In- others—use these types of sensitive it was adopted without dissent. formation Awareness, there is still personal information effectively and In order not to complicate final pas- much Congress does not know about appropriately. sage of the Voting Rights Act, the Sen- the Federal Government’s work on Let me clarify what this bill does not ate proceeded to adopt the House- data mining. do. It does not have any effect on the passed bill without amendment so that We have made some progress. We government’s use of commercial data it could be signed into law without know from reviews conducted by the to conduct individualized searches on having to be reconsidered by the Government Accountability Office that people who are already suspects, nor House. At that time, I committed to as of May 2004 there were nearly 200 does it require that the government re- work with Senator SALAZAR to conform Federal data mining programs, more port on these types of searches. It does the law to include recognition of the than one hundred of which relied on not end funding for any program, de- contribution to our civil rights, voting personal information and 29 of which termine the rules for use of data min- rights and American society by Cesar were for the purpose of investigating ing technology, or threaten any ongo- Chavez. terrorists or criminals. And we have ing investigation that might use data Cesar Chavez’s name should be added learned a few more details on five of mining technology. to the law as important recognition of those programs from a follow-up report My bill would simply provide Con- the broad landscape of political inclu- that GAO issued in August 2005. We gress with information about the na- sion made possible by the Voting also have a brief report from the DHS ture of the technology and the data Rights Act. This bill would not alter Inspector General published in August that will be used. The Federal Agency the bill’s vital remedies for continuing 2006, and as a result of my amendment Data Mining Reporting Act would re- discrimination in voting, but is over- to the DHS appropriations bill we have quire all government agencies to assess

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S360 CONGRESSIONAL RECORD — SENATE January 10, 2007 the efficacy of the data mining tech- lying data. Everyone knows people who or other criminal activity and under- nology they are using or developing— have had errors on their credit re- standably do not want their credit re- that is, whether the technology can de- ports—and that is the one area of com- ports, shopping habits and doctor visits liver on the promises of each program. mercial data where the law already im- to become a part of a gigantic comput- In addition, my bill would make sure poses strict accuracy requirements. erized search engine operating without that Congress knows whether the Fed- Other types of commercial data are any controls or oversight, and without eral agencies using data mining tech- likely to be even more inaccurate. much promise of locating terrorists. As nology have considered and developed Even if the technology itself were ef- the Cato report put it, ‘‘[t]he possible policies or guidelines to protect the fective, I am very concerned that inno- benefits of predictive data mining for privacy and due process rights of indi- cent people could be ensnared because finding planning or preparation for ter- viduals, such as privacy technologies of mistakes in the data that make rorism are minimal. The financial and redress procedures. With complete them look suspicious. The recent rise costs, wasted effort, and threats to pri- information about the current data in identity theft, which creates even vacy and civil liberties are potentially mining plans and practices of the Fed- more data accuracy problems, makes it vast.’’ eral Government, Congress will be able even more important that we address At a minimum, the administration to conduct a thorough review of the this issue. should be required to report to Con- costs and benefits of the practice of I also want to touch on one issue that gress about the various data mining data mining on a program-by-program has proved difficult in many debates programs now underway or being stud- basis and make considered judgments about data mining: how to define the ied, and the impact those programs about whether programs should go for- term. What is data mining? From pol- may have on our privacy and civil lib- ward. Congress will also be able to icy debates to government reports, erties, so that Congress can determine evaluate whether new privacy rules are many people have wrestled with this whether any benefits of this practice necessary. question. While it can be defined more come at too high a price to our privacy In addition, Congress must look broadly, for the purpose of this report- and personal liberties. As Senator closely at the government’s activities ing requirement, data mining is lim- WYDEN and I have told the Director of because data mining is unproven in ited to the process of attempting to National Intelligence, we must have a this area. Some argue that data mining predict future events or actions by dis- public discussion about the efficacy can help locate potential terrorists be- covering or locating patterns or anom- and privacy implications of data min- fore they strike. But we do not, today, alies in data. However, for purposes of ing. We wrote a letter to him on No- have evidence that pattern-based data the reporting requirement in this bill, vember 15, 2006, that included the fol- mining will prevent terrorism. In fact, which seeks information on those data lowing: some technology experts have warned mining programs most likely to threat- that this type of data mining is not the [W]e believe there needs to be a public dis- en the privacy and civil liberties of cussion before the implementation of any right approach for the terrorism prob- Americans, I have limited the defini- government data mining program that would lem. Just last month, the Cato Insti- tion in a couple of other ways. First, rely on domestic commercial data and other tute released a report—coauthored by a the bill’s core definition of data mining information about Americans. There are se- scientist specializing in data analytics is to conduct a query, search or other rious questions about whether pattern anal- and an information privacy expert— ysis of such data can effectively identify ter- analysis of one or more electronic concluding that ‘‘[t]he only thing pre- rorists, given the relative lack of historical databases to ‘‘discover a predictive pat- dictable about predictive data mining data about terrorist activities. And as the tern or an anomaly indicative of ter- for terrorism is that it would be con- furor over the Total Information Awareness rorist or criminal activity on the part program demonstrated, the American public sistently wrong.’’ has serious—and legitimate—concerns about Some commercial uses of data min- of any individual or individuals.’’ Data mining has a number of applications at the privacy ramifications of programs de- ing have been successful, but have aris- signed to fish for patterns of criminal or ter- en in a very different context than various government agencies outside the context of terrorism and other rorist activity in vast quantities of digital counterterrorism efforts. For example, data, collected by other entities for entirely the financial world has successfully criminal investigations, but I have lim- different reasons. Pattern analysis runs the used data mining to identify people ited the definition for purposes of this risk of generating a large number of false committing fraud because it has data legislation in order to get reports on positives, meaning that innocent Americans on literally millions, if not billions, of the programs most likely to raise pri- could become the subject of investigation. historical financial transactions. And vacy concerns. For example, the May Before we go down that path, it is critical 2004 GAO report identified a number of that we have a public discussion about the the banks and credit card companies efficacy and privacy implications of this know, in large part, which of those government data mining programs whose goals are managing resources ef- technology. And, if we decide that data min- past transactions have turned out to be ing is effective enough to warrant spending fraudulent. So when they apply sophis- ficiently or identifying fraud, waste taxpayer dollars on it, we should establish ticated statistical algorithms to that and abuse in government programs, strong privacy protections to protect inno- massive amount of historical data, and that do not rely on personally cent people from being the subject of govern- they are able to make a pretty good identifiable information. I am not ment suspicion. guess about what a fraudulent trans- seeking reports on programs like these. Of course, the Intelligence Community Second, as I alluded to earlier, the should be taking advantage of new tech- action might look like in the future. nologies in its critical responsibility to pro- We do not have that kind of histor- definition explicitly excludes queries to retrieve information from a data- tect our country from terrorists, and much ical data about terrorists and sleeper of its work must remain classified to protect cells. We have just a handful of individ- base that is based on information— national security. But we can have a public uals whose past actions can be ana- such as address, passport number or li- debate about what privacy rules should con- lyzed, which makes it virtually impos- cense plate number—that is associated strain data mining programs deployed do- sible to apply the kind of advanced sta- with a particular individual or individ- mestically, without revealing sensitive in- tistical analysis required to use data uals. This type of query is a traditional formation like the precise algorithms that mining in this way. That raises serious investigative technique. Although gov- the government has developed. questions about whether data mining ernment agencies must be careful in This bill is the first step in this proc- will ever be able to locate an actual their use of commercial databases, ess—a way for Congress and, to the de- terrorist. Before the government starts simply querying a Choicepoint data- gree appropriate, the public to finally reviewing personal information about base for information about someone understand what is going on behind the every man, woman and child in this who is already a suspect is not data closed doors of the executive branch so country, we should learn what data mining. that we can start to have a policy dis- mining can and can’t do—and what Most Americans believe that their cussion about data mining that is long limits and protections are needed if private lives should remain private. overdue. I urge my colleagues to sup- data mining programs do go forward. Data mining programs run the risk of port this bill. All it asks for is informa- We must also bear in mind that there intruding into the lives of individuals tion to which Congress and the Amer- will inevitably be errors in the under- who have nothing to do with terrorism ican people are entitled.

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 10, 2007 CONGRESSIONAL RECORD — SENATE S361 Mr. President, I ask unanimous con- or that are to be developed and applied in the erties of ordinary Americans, whose sent that the text of this bill be printed use of such technology for data mining in data is collected and analyzed by these in the RECORD. order to— programs. Without these safeguards, There being no objection, the text of (A) protect the privacy and due process government data mining programs are the bill was ordered to be printed in rights of individuals, such as redress proce- dures; and prone to produce inaccurate results the RECORD, as follows: (B) ensure that only accurate information and are ripe for abuse, error and unin- S. 236 is collected, reviewed, gathered, analyzed, or tended consequences. Be it enacted by the Senate and House of Rep- used. This legislation takes an important resentatives of the United States of America in (8) Any necessary classified information in first step in addressing these concerns Congress assembled, an annex that shall be available, as appro- by pulling back the curtain on how this SECTION 1. SHORT TITLE. priate, to the Committee on Homeland Secu- Administration is using this tech- This Act may be cited as the ‘‘Federal rity and Governmental Affairs, the Com- nology. It does not by its terms pro- Agency Data Mining Reporting Act of 2007’’. mittee on the Judiciary, the Select Com- SEC. 2. DEFINITIONS. mittee on Intelligence, and the Committee hibit the use of this technology, but In this Act: on Appropriations of the Senate and the rather provides an oversight mecha- (1) DATA MINING.—The term ‘‘data mining’’ Committee on Homeland Security, the Com- nism to begin to ensure it is being used means a query, search, or other analysis of 1 mittee on the Judiciary, the Permanent Se- appropriately and effectively. This bill or more electronic databases, where— lect Committee on Intelligence, and the would require Federal agencies to re- (A) a department or agency of the Federal Committee on Appropriations of the House port to Congress about its data mining Government, or a non-Federal entity acting of Representatives. programs. The legislation provides a on behalf of the Federal Government, is con- (c) TIME FOR REPORT.—Each report re- ducting the query, search, or other analysis quired under subsection (a) shall be— much-needed check on federal agencies to discover or locate a predictive pattern or (1) submitted not later than 180 days after to disclose the steps that they are tak- anomaly indicative of terrorist or criminal the date of enactment of this Act; and ing to protect the privacy and due activity on the part of any individual or in- (2) updated not less frequently than annu- process rights of American citizens dividuals; and ally thereafter, to include any activity to when they use these programs. (B) the query, search, or other analysis use or develop data mining engaged in after We need checks and balances to keep does not use personal identifiers of a specific the date of the prior report submitted under government data bases from being mis- individual, or inputs associated with a spe- subsection (a). used against the American people. cific individual or group of individuals, to re- Mr. LEAHY. Mr. President, I am trieve information from the database or That is what the Constitution and our databases. pleased today to join with Senators laws should provide. We in Congress (2) DATABASE.—The term ‘‘database’’ does FEINGOLD, SUNUNU and others to intro- must make sure that when our govern- not include telephone directories, news re- duce the Federal Agency Data Mining ment uses technology to detect and porting, information publicly available to Reporting Act of 2007. This important deter illegal activity that it does so in any member of the public without payment privacy legislation would begin to re- a manner that also protects our most of a fee, or databases of judicial and adminis- store key checks and balances by re- basic rights and liberties. This bill ad- trative opinions. quiring Federal agencies to report to vances this important goal, and I urge SEC. 3. REPORTS ON DATA MINING ACTIVITIES Congress on their datamining programs BY FEDERAL AGENCIES. all Senators to support this important (a) REQUIREMENT FOR REPORT.—The head of and activities. We joined together to privacy legislation. each department or agency of the Federal introduce a similar bill last Congress. Government that is engaged in any activity Regrettably, it received no attention. By Mrs. FEINSTEIN (for herself, to use or develop data mining shall submit a This year, I intend to make sure that Mr. CRAIG, MR. KENNEDY, Mr. report to Congress on all such activities of we do a better job in considering Amer- MARTINEZ, Mrs. BOXER, and Mr. the department or agency under the jurisdic- icans’ privacy, checks and balances, VOINOVICH): tion of that official. The report shall be made available to the public, except for a and the proper balance to protect S. 237. A bill to improve agricultural classified annex described in subsection Americans’ privacy rights while fight- job opportunities, benefits, and secu- (b)(8). ing smarter and more effectively rity for aliens in the United States and (b) CONTENT OF REPORT.—Each report sub- against security threats. for other purposes; to the Committee mitted under subsection (a) shall include, for In recent years, the Federal Govern- on the Judiciary. each activity to use or develop data mining, ment’s use of data mining technology Mrs. FEINSTEIN. Mr. President, the following information: has exploded. According to a May 2004 Senators CRAIG, KENNEDY, MARTINEZ, (1) A thorough description of the data min- ing activity, its goals, and, where appro- report by the General Accounting Of- BOXER, VOINOVICH and I are once again priate, the target dates for the deployment fice, there are at least 199 different introducing legislation that will ad- of the data mining activity. government data mining programs op- dress the chronic labor shortage in our (2) A thorough description of the data min- erating or planned throughout the Fed- Nation’s agricultural industry. This ing technology that is being used or will be eral Government, with at least 52 dif- bill is a priority for me—and for the used, including the basis for determining ferent Federal agencies currently using tens of thousands of farmers who are whether a particular pattern or anomaly is data mining technology. And, more and currently suffering—and I hope we will indicative of terrorist or criminal activity. more, these data mining programs are move it forward early in this Congress. (3) A thorough description of the data sources that are being or will be used. being used with little or no notice to The Agricultural Job Opportunities, (4) An assessment of the efficacy or likely ordinary citizens, or to Congress. Benefits, and Security Act, or AgJOBS, efficacy of the data mining activity in pro- Advances in technologies make data is the product of more than ten years viding accurate information consistent with banks and data mining more powerful of work. It is a bipartisan bill sup- and valuable to the stated goals and plans and more useful than at any other time ported by growers, farmers, and farm for the use or development of the data min- in our history. These can be useful workers alike. It passed the Senate last ing activity. tools in our national security arsenal, year as part of the comprehensive im- (5) An assessment of the impact or likely but we should use them appropriately migration reform bill last spring in the impact of the implementation of the data so that they can be most effective. A mining activity on the privacy and civil lib- 109th Congress. It is time to move this erties of individuals, including a thorough mistake can cost Americans their jobs bill forward. description of the actions that are being and wreak havoc in their lives and rep- The agricultural industry is in crisis. taken or will be taken with regard to the utations that can take years to repair. Farmers across the Nation report a 20 property, privacy, or other rights or privi- Without adequate safeguards, oversight percent decline in labor. leges of any individual or individuals as a re- and checks and balances, these power- The result is that there are simply sult of the implementation of the data min- ful technologies also become an invita- not enough farm workers to harvest ing activity. tion to government abuse. The govern- the crops. (6) A list and analysis of the laws and regu- ment must take steps to ensure that it The Nation’s agricultural industry lations that govern the information being or to be collected, reviewed, gathered, analyzed, is properly using this technology. Too has suffered. If we do not enact a work- or used with the data mining activity. often, government data mining pro- able solution to the agricultural labor (7) A thorough discussion of the policies, grams lack adequate safeguards to pro- crisis, we risk a national production procedures, and guidelines that are in place tect the privacy rights and civil lib- loss of $5 billion to $9 billion each year,

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S362 CONGRESSIONAL RECORD — SENATE January 10, 2007 according to the American Farm Bu- The first step requires undocumented ers who can qualify for the jobs is re- reau. agricultural workers to apply for a placed by a requirement that the em- California, in particular, will suffer. ‘‘blue card’’ if they can demonstrate ployer file a job notification with the California is the single largest agricul- that they have worked in American ag- local office of the state Employment tural state in the nation. California ag- riculture for at least 150 workdays over Security Agency. Advertising and posi- riculture accounts for $34 billion in an- the past 2 years. The blue card entitles tive recruitment must take place in nual revenue. There 76,500 farms that the worker to a temporary legal resi- the local labor market area. produce half of the nation’s fruits, dent status. Agricultural associations can con- vegetables, and nuts from only 3 per- The blue card itself is encrypted and tinue to file applications on behalf of cent of the Nation’s farmland. machine readable; it is tamper and members. California farms produce approxi- counterfeit resistant, and contains bio- The statutory prohibition against mately 350 different crops: pears, wal- metric identifiers unique to the farm ‘‘adversely affecting’’ U.S. workers is nuts, raisins, lettuce, onions, cotton, worker. eliminated. The Adverse Effect Wage just to name a few. The second step requires that a blue Rate is instead frozen for 3 years, and Many of the farmers who grow these card holder work in American agri- thereafter indexed by a methodology crops have been in the business for gen- culture for an additional 5 years for at that will lead to its gradual replace- erations. They farm the land that their least 100 workdays a year, or 3 years at ment with a prevailing wage standard. parents and their grandparents farmed 150 workdays a year. Employers may elect to provide a before them. Blue card workers would have to pay housing allowance in lieu of housing if The sad consequence of the labor a $500 fine. The workers can travel the governor determines that there is shortage is that many of these farmers abroad and reenter the United States adequate rental housing available in are giving up their farms. Some are and they may work in other, non-agri- the area of employment. leaving the business entirely. Others cultural jobs, as long as they meet the Inbound and return transportation are bulldozing their fruit trees—lit- agricultural work requirements. and subsistence are required on the erally pulling out trees that have been The blue card worker’s spouse and same basis as under the current pro- in the family for generations—because minor children, who already live in the gram, except that trips of less than 100 they do not have the labor they need to United States, may also apply for a miles are excluded, and workers whom harvest their fruit. temporary legal status and identifica- an employer is not required to provide Once the trees are gone, they are re- tion card, which would permit them to housing are excluded. placed by crops that do not require work and travel. The motor vehicle safety standards manual labor. And our pears, our ap- The total number of blue cards is ples, our oranges will come from for- capped at 1.5 million over a five year for U.S. workers are extended to H–2A eign sources. period and the program sunsets after 5 workers. Petitions for admission of H–2A The trend is quite clear. If there is years. not a means to grow and harvest our At the end of the required work pe- workers must be processed and the con- produce here, we will import produce riod, the blue card worker may apply sulate or port of entry notified within from China, from Mexico, from other for a green card to become a legal per- 7 days of receipt. Requirements are the countries who have the labor they manent resident. same as current law. need. There are also a number of safe- Petitions extending aliens’ stay or We will put American farmers out of guards. If a blue card worker does not changing employers are valid upon fil- business. And there will be a ripple ef- apply for a green card, or does not ful- ing. fect felt throughout the economy: in fill the work requirements, that indi- Employers may apply for the admis- farm equipment, inputs, packaging, vidual can be deported. sion of new H–2A workers to replace processing, transportation, marketing, Likewise, a blue card holder who those who abandoned their work or are lending and insurance. Jobs will be lost commits a felony, three misdemeanors, terminated for cause, and the Depart- and our economy will suffer. or any crime that involves bodily in- ment of Homeland Security is required The reality is that Americans have jury, the threat of serious bodily in- to remove H–2A aliens who abandoned come to rely on undocumented workers jury, or harm to property in excess of their work. to harvest their crops for them. $500, cannot get a green card and can H–2A visas will be secure and coun- In California alone, we rely on ap- be deported. terfeit resistant. proximately one million undocumented This program, for the first time, al- A new limited federal right of action workers to harvest the crops. The lows us to identify those hundreds of is available to foreign workers to en- United Farm Workers estimate that thousands of farm workers who now force the economic benefits required undocumented workers make up as work in the shadows. It requires the under the H–2A program, and any bene- much as 90 percent the farm labor pay- farm workers to come forward and to fits expressly offered by the employer roll. be identified in exchange for the right in writing. A statute of limitations of Americans simply will not do the to work and live legally in the United three years is imposed. work. It is hard, stooped labor, requir- States. And it gives farmers the legal Finally, lawsuits in State court ing long and unpredictable hours. Farm certainty they need to hire the workers under State contract law alleging vio- workers must leave home and travel they need. lations of the H–2A program require- from farm to farm to plant, prune, and The program also modifies the H–2A ments and obligations are expressly harvest crops according to the season. guest worker program so that it real- preempted. Such State court lawsuits We must come to terms with the fact istically responds to our agricultural have been the venue of choice for liti- that we rely on an undocumented mi- needs. gation against H–2A employers in re- grant work force. We must bring those Currently, the H–2A program is bu- cent years. workers out of the shadows and create reaucratic, unresponsive, expensive, AgJOBS is the one part of the immi- a legal and enforceable means to pro- and prone to litigation. Farmers can- gration bill about which there is uni- vide labor for agriculture. That realiza- not get the labor when they need it. form agreement. Everyone knows that tion is what led to the long and careful AgJOBS offers a much-needed reform agriculture in America is supported by negotiations creating AgJOBS. of the outdated system. undocumented workers. As immigra- The AgJOBS bill is a two part bill. The labor certification process, tion enforcement tightens up, and in- Part one identifies and deals with which often takes 60 days or more, is creasing numbers of people are pre- those undocumented agricultural replaced by an ‘‘attestation’’ process. vented from crossing the borders or are workers who have been working in the The employer can file a fax-back appli- being deported, the result is our crops United States for the past 2 years or cation form agreeing to abide by the go unharvested. more. Part two creates a more usable requirements of the H–2A program. Ap- We are faced today with a very prac- H–2A Program, to implement a real- proval should occur in 48 to 72 hours. tical dilemma and one that is easy to istic and effective guest worker pro- The interstate clearance order to de- solve. The legislation has been vetted gram. termine whether there are U.S. work- over and over again. Senator CRAIG, I,

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 10, 2007 CONGRESSIONAL RECORD — SENATE S363 and a multitude of other Senators have (4) EMPLOYER.—The term ‘‘employer’’ (iv) fails to perform the agricultural em- sat down with the growers, with the means any person or entity, including any ployment required under section 103(a)(1)(A) farm bureaus, with the chambers, with farm labor contractor and any agricultural unless the alien was unable to work in agri- everybody who knows agriculture, and association, that employs workers in agri- cultural employment due to the extraor- cultural employment. dinary circumstances described in section they have all signed off on the AgJOBS (5) SECRETARY.—Except as otherwise pro- 103(a)(3). bill. vided, the term ‘‘Secretary’’ means the Sec- (e) RECORD OF EMPLOYMENT.— This is our opportunity to solve a retary of Homeland Security. (1) IN GENERAL.—Each employer of an alien real problem. (6) TEMPORARY.—A worker is employed on granted blue card status under this section I ask my colleagues to join Senator a ‘‘temporary’’ basis when the employment shall annually— CRAIG, Senator KENNEDY, Senator MAR- is intended not to exceed 10 months. (A) provide a written record of employ- TINEZ, Senator BOXER, Senator VOINO- (7) WORK DAY.—The term ‘‘work day’’ ment to the alien; and (B) provide a copy of such record to the VICH and me in supporting this legisla- means any day in which the individual is em- Secretary. tion. ployed 5.75 or more hours in agricultural em- ployment. (2) SUNSET.—The obligation under para- I also ask by unanimous consent that graph (1) shall terminate on the date that is the text of this bill be printed in the TITLE I—PILOT PROGRAM FOR EARNED STATUS ADJUSTMENT OF AGRICUL- 6 years after the date of the enactment of RECORD. TURAL WORKERS this Act. There being no objection, the text of (f) REQUIRED FEATURES OF IDENTITY Subtitle A—Blue Card Status the bill was ordered to be printed in CARD.—The Secretary shall provide each SEC. 101. REQUIREMENTS FOR BLUE CARD STA- the RECORD, as follows: alien granted blue card status, and the TUS. spouse and any child of each such alien resid- S. 237 (a) REQUIREMENT TO GRANT BLUE CARD ing in the United States, with a card that Be it enacted by the Senate and House of Rep- STATUS.—Notwithstanding any other provi- contains— resentatives of the United States of America in sion of law, the Secretary shall, pursuant to (1) an encrypted, machine-readable, elec- Congress assembled, the requirements of this section, grant blue tronic identification strip that is unique to SECTION 1. SHORT TITLE, TABLE OF CONTENTS. card status to an alien who qualifies under the alien to whom the card is issued; (a) SHORT TITLE.—This Act may be cited as this section if the Secretary determines that (2) biometric identifiers, including finger- the ‘‘Agricultural Job Opportunities, Bene- the alien— prints and a digital photograph; and fits, and Security Act of 2007’’ or the (1) has performed agricultural employment (3) physical security features designed to ‘‘AgJOBS Act of 2007’’. in the United States for at least 863 hours or prevent tampering, counterfeiting, or dupli- (b) TABLE OF CONTENTS.—The table of con- 150 work days during the 24-month period cation of the card for fraudulent purposes. tents for this Act is as follows: ending on December 31, 2006; (g) FINE.—An alien granted blue card sta- Sec. 1. Short title, table of contents. (2) applied for such status during the 18- tus shall pay a fine of $100 to the Secretary. Sec. 2. Definitions. month application period beginning on the (h) MAXIMUM NUMBER.—The Secretary may first day of the seventh month that begins not issue more than 1,500,000 blue cards dur- TITLE I—PILOT PROGRAM FOR EARNED after the date of enactment of this Act; ing the 5-year period beginning on the date STATUS ADJUSTMENT OF AGRICUL- (3) is otherwise admissible to the United of the enactment of this Act. TURAL WORKERS States under section 212 of the Immigration SEC. 102. TREATMENT OF ALIENS GRANTED BLUE Subtitle A—Blue Card Status and Nationality Act (8 U.S.C. 1182), except as CARD STATUS. Sec. 101. Requirements for blue card status. otherwise provided under section 105(b); and (a) IN GENERAL.—Except as otherwise pro- Sec. 102. Treatment of aliens granted blue (4) has not been convicted of any felony or vided under this section, an alien granted card status. a misdemeanor, an element of which in- blue card status shall be considered to be an Sec. 103. Adjustment to permanent resi- volves bodily injury, threat of serious bodily alien lawfully admitted for permanent resi- dence. injury, or harm to property in excess of $500. dence for purposes of any law other than any Sec. 104. Applications. (b) AUTHORIZED TRAVEL.—An alien who is provision of the Immigration and Nation- Sec. 105. Waiver of numerical limitations granted blue card status is authorized to ality Act (8 U.S.C. 1101 et seq.). and certain grounds for inad- travel outside the United States (including (b) DELAYED ELIGIBILITY FOR CERTAIN FED- missibility. commuting to the United States from a resi- ERAL PUBLIC BENEFITS.—An alien granted Sec. 106. Administrative and judicial review. dence in a foreign country) in the same man- blue card status shall not be eligible, by rea- Sec. 107. Use of information. ner as an alien lawfully admitted for perma- son of such status, for any form of assistance Sec. 108. Regulations, effective date, author- nent residence. or benefit described in section 403(a) of the ization of appropriations. (c) AUTHORIZED EMPLOYMENT.—The Sec- Personal Responsibility and Work Oppor- Subtitle B—Correction of Social Security retary shall provide an alien who is granted tunity Reconciliation Act of 1996 (8 U.S.C. Records blue card status an employment authorized 1613(a)) until 5 years after the date on which Sec. 111. Correction of Social Security endorsement or other appropriate work per- the alien is granted an adjustment of status records. mit, in the same manner as an alien lawfully under section 103. TITLE II—REFORM OF H–2A WORKER admitted for permanent residence. (c) TERMS OF EMPLOYMENT.— PROGRAM (d) TERMINATION OF BLUE CARD STATUS.— (1) PROHIBITION.—No alien granted blue (1) IN GENERAL.—The Secretary may termi- card status may be terminated from employ- Sec. 201. Amendment to the Immigration nate blue card status granted to an alien ment by any employer during the period of and Nationality Act. under this section only if the Secretary de- blue card status except for just cause. TITLE III—MISCELLANEOUS PROVISIONS termines that the alien is deportable. (2) TREATMENT OF COMPLAINTS.— Sec. 301. Determination and use of user fees. (2) GROUNDS FOR TERMINATION OF BLUE CARD (A) ESTABLISHMENT OF PROCESS.—The Sec- Sec. 302. Regulations. STATUS.—Before any alien becomes eligible retary shall establish a process for the re- Sec. 303. Reports to Congress. for adjustment of status under section 103, ceipt, initial review, and disposition of com- Sec. 304. Effective date. the Secretary may deny adjustment to per- plaints by aliens granted blue card status SEC. 2. DEFINITIONS. manent resident status and provide for ter- who allege that they have been terminated In this Act: mination of the blue card status granted without just cause. No proceeding shall be (1) AGRICULTURAL EMPLOYMENT.—The term such alien under paragraph (1) if— conducted under this paragraph with respect ‘‘agricultural employment’’ means any serv- (A) the Secretary finds, by a preponderance to a termination unless the Secretary deter- ice or activity that is considered to be agri- of the evidence, that the adjustment to blue mines that the complaint was filed not later cultural under section 3(f) of the Fair Labor card status was the result of fraud or willful than 6 months after the date of the termi- Standards Act of 1938 (29 U.S.C. 203(f)) or ag- misrepresentation (as described in section nation. ricultural labor under section 3121(g) of the 212(a)(6)(C)(i) of the Immigration and Nation- (B) INITIATION OF ARBITRATION.—If the Sec- Internal Revenue Code of 1986 or the per- ality Act (8 U.S.C. 1182(a)(6)(C)(i)); or retary finds that an alien has filed a com- formance of agricultural labor or services de- (B) the alien— plaint in accordance with subparagraph (A) scribed in section 101(a)(15)(H)(ii)(a) of the (i) commits an act that makes the alien in- and there is reasonable cause to believe that Immigration and Nationality Act (8 U.S.C. admissible to the United States as an immi- the alien was terminated from employment 1101(a)(15)(H)(ii)(a)). grant, except as provided under section without just cause, the Secretary shall ini- (2) BLUE CARD STATUS.—The term ‘‘blue 105(b); tiate binding arbitration proceedings by re- card status’’ means the status of an alien (ii) is convicted of a felony or 3 or more questing the Federal Mediation and Concilia- who has been lawfully admitted into the misdemeanors committed in the United tion Service to appoint a mutually agreeable United States for temporary residence under States; arbitrator from the roster of arbitrators section 101(a). (iii) is convicted of an offense, an element maintained by such Service for the geo- (3) DEPARTMENT.—The term ‘‘Department’’ of which involves bodily injury, threat of se- graphical area in which the employer is lo- means the Department of Homeland Secu- rious bodily injury, or harm to property in cated. The procedures and rules of such Serv- rity. excess of $500; or ice shall be applicable to the selection of

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S364 CONGRESSIONAL RECORD — SENATE January 10, 2007 such arbitrator and to such arbitration pro- SEC. 103. ADJUSTMENT TO PERMANENT RESI- riod described in subsection (a)(4) or who ceedings. The Secretary shall pay the fee and DENCE. fails to meet the other requirements of sub- expenses of the arbitrator, subject to the (a) IN GENERAL.—Except as provided in section (a) by the end of the application pe- subsection (b), the Secretary shall adjust the availability of appropriations for such pur- riod, is deportable and may be removed pose. status of an alien granted blue card status to that of an alien lawfully admitted for perma- under section 240 of the Immigration and Na- (C) ARBITRATION PROCEEDINGS.—The arbi- nent residence if the Secretary determines tionality Act (8 U.S.C. 1229a). trator shall conduct the proceeding under that the following requirements are satis- this paragraph in accordance with the poli- (d) PAYMENT OF TAXES.— fied: (1) IN GENERAL.—Not later than the date on cies and procedures promulgated by the (1) QUALIFYING EMPLOYMENT.— which an alien’s status is adjusted under this American Arbitration Association applicable (A) IN GENERAL.—Subject to subparagraph section, the alien shall establish that the to private arbitration of employment dis- (B), the alien has performed at least— alien does not owe any applicable Federal putes. The arbitrator shall make findings re- (i) 5 years of agricultural employment in tax liability by establishing that— specting whether the termination was for the United States for at least 100 work days (A) no such tax liability exists; just cause. The arbitrator may not find that per year, during the 5-year period beginning (B) all such outstanding tax liabilities the termination was for just cause unless the on the date of the enactment of this Act; or have been paid; or employer so demonstrates by a preponder- (ii) 3 years of agricultural employment in (C) the alien has entered into an agreement ance of the evidence. If the arbitrator finds the United States for at least 150 work days for payment of all outstanding liabilities that the termination was not for just cause, per year, during the 3-year period beginning with the Internal Revenue Service. the arbitrator shall make a specific finding on the date of the enactment of this Act. (2) APPLICABLE FEDERAL TAX LIABILITY.—In of the number of days or hours of work lost (B) 4-YEAR PERIOD OF EMPLOYMENT.—An paragraph (1) the term ‘‘applicable Federal by the employee as a result of the termi- alien shall be considered to meet the require- tax liability’’ means liability for Federal nation. The arbitrator shall have no author- ments of subparagraph (A) if the alien has taxes, including penalties and interest, owed ity to order any other remedy, including re- performed 4 years of agricultural employ- for any year during the period of employ- instatement, back pay, or front pay to the ment in the United States for at least 150 ment required under subsection (a)(1) for affected employee. Not later than 30 days work days during 3 years of those 4 years and which the statutory period for assessment of after the date of the conclusion of the arbi- at least 100 work days during the remaining any deficiency for such taxes has not ex- tration proceeding, the arbitrator shall year, during the 4-year period beginning on pired. transmit the findings in the form of a writ- the date of the enactment of this Act. (3) IRS COOPERATION.—The Secretary of the ten opinion to the parties to the arbitration (2) PROOF.—An alien may demonstrate Treasury shall establish rules and procedures and the Secretary. Such findings shall be compliance with the requirement under under which the Commissioner of Internal final and conclusive, and no official or court paragraph (1) by submitting— Revenue shall provide documentation to an of the United States shall have the power or (A) the record of employment described in alien upon request to establish the payment jurisdiction to review any such findings. section 101(e); or of all taxes required by this subsection. (D) EFFECT OF ARBITRATION FINDINGS.—If (B) such documentation as may be sub- mitted under section 104(c). (e) SPOUSES AND MINOR CHILDREN.— the Secretary receives a finding of an arbi- (1) IN GENERAL.—Notwithstanding any (3) EXTRAORDINARY CIRCUMSTANCES.—In de- trator that an employer has terminated the other provision of law, the Secretary shall employment of an alien who is granted blue termining whether an alien has met the re- quirement of paragraph (1)(A), the Secretary confer the status of lawful permanent resi- card status without just cause, the Secretary may credit the alien with not more than 12 dent on the spouse and minor child of an shall credit the alien for the number of days additional months to meet the requirement alien granted any adjustment of status under or hours of work not performed during such of that subparagraph if the alien was unable subsection (a), including any individual who period of termination for the purpose of de- to work in agricultural employment due to— was a minor child on the date such alien was termining if the alien meets the qualifying (A) pregnancy, injury, or disease, if the granted blue card status, if the spouse or employment requirement of section 103(a). alien can establish such pregnancy, disabling minor child applies for such status, or if the (E) TREATMENT OF ATTORNEY’S FEES.—Each injury, or disease through medical records; principal alien includes the spouse or minor party to an arbitration under this paragraph (B) illness, disease, or other special needs child in an application for adjustment of sta- shall bear the cost of their own attorney’s of a minor child, if the alien can establish tus to that of a lawful permanent resident. fees for the arbitration. such illness, disease, or special needs (2) TREATMENT OF SPOUSES AND MINOR CHIL- (F) NONEXCLUSIVE REMEDY.—The complaint through medical records; or DREN.— process provided for in this paragraph is in (C) severe weather conditions that pre- (A) GRANTING OF STATUS AND REMOVAL.— addition to any other rights an employee vented the alien from engaging in agricul- The Secretary may grant derivative status may have in accordance with applicable law. tural employment for a significant period of to the alien spouse and any minor child re- (G) EFFECT ON OTHER ACTIONS OR PRO- time. siding in the United States of an alien grant- ed blue card status and shall not remove CEEDINGS.—Any finding of fact or law, judg- (4) APPLICATION PERIOD.—The alien applies ment, conclusion, or final order made by an for adjustment of status not later than 7 such derivative spouse or child during the arbitrator in the proceeding before the Sec- years after the date of the enactment of this period that the alien granted blue card sta- retary shall not be conclusive or binding in Act. tus maintains such status, except as pro- vided in paragraph (3). A grant of derivative any separate or subsequent action or pro- (5) FINE.—The alien pays a fine of $400 to ceeding between the employee and the em- the Secretary. status to such a spouse or child under this ployee’s current or prior employer brought (b) GROUNDS FOR DENIAL OF ADJUSTMENT OF subparagraph shall not decrease the number before an arbitrator, administrative agency, STATUS.—The Secretary may deny an alien of aliens who may receive blue card status court, or judge of any State or the United granted blue card status an adjustment of under subsection (h) of section 101. States, regardless of whether the prior ac- status under this section and provide for ter- (B) TRAVEL.—The derivative spouse and any minor child of an alien granted blue card tion was between the same or related parties mination of such blue card status if— status may travel outside the United States or involved the same facts, except that the (1) the Secretary finds by a preponderance in the same manner as an alien lawfully ad- arbitrator’s specific finding of the number of of the evidence that the adjustment to blue mitted for permanent residence. days or hours of work lost by the employee card status was the result of fraud or willful (C) EMPLOYMENT.—The derivative spouse of as a result of the employment termination misrepresentation, as described in section 212(a)(6)(C)(i) of the Immigration and Nation- an alien granted blue card status may apply may be referred to the Secretary pursuant to to the Secretary for a work permit to au- subparagraph (D). ality Act (8 U.S.C. 1182(a)(6)(C)(i)); or (2) the alien— thorize such spouse to engage in any lawful (3) CIVIL PENALTIES.— (A) commits an act that makes the alien employment in the United States while such (A) IN GENERAL.—If the Secretary finds, inadmissible to the United States under sec- alien maintains blue card status. after notice and opportunity for a hearing, tion 212 of the Immigration and Nationality (3) GROUNDS FOR DENIAL OF ADJUSTMENT OF that an employer of an alien granted blue Act (8 U.S.C. 1182), except as provided under STATUS AND REMOVAL.—The Secretary may card status has failed to provide the record section 105(b); deny an alien spouse or child adjustment of of employment required under section 101(e) (B) is convicted of a felony or 3 or more status under paragraph (1) and may remove or has provided a false statement of material misdemeanors committed in the United such spouse or child under section 240 of the fact in such a record, the employer shall be States; or Immigration and Nationality Act (8 U.S.C. subject to a civil money penalty in an (C) is convicted of an offense, an element 1229a) if the spouse or child— amount not to exceed $1,000 per violation. of which involves bodily injury, threat of se- (A) commits an act that makes the alien (B) LIMITATION.—The penalty applicable rious bodily injury, or harm to property in spouse or child inadmissible to the United under subparagraph (A) for failure to provide excess of $500. States under section 212 of such Act (8 U.S.C. records shall not apply unless the alien has (c) GROUNDS FOR REMOVAL.—Any alien 1182), except as provided under section 105(b); provided the employer with evidence of em- granted blue card status who does not apply (B) is convicted of a felony or 3 or more ployment authorization granted under this for adjustment of status under this section misdemeanors committed in the United section. before the expiration of the application pe- States; or

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 10, 2007 CONGRESSIONAL RECORD — SENATE S365 (C) is convicted of an offense, an element (B) not to forward to the Secretary any rial fact or makes any false, fictitious, or of which involves bodily injury, threat of se- such application if the applicant has not con- fraudulent statements or representations, or rious bodily injury, or harm to property in sented to such forwarding; and makes or uses any false writing or document excess of $500. (C) to assist an alien in obtaining docu- knowing the same to contain any false, ficti- SEC. 104. APPLICATIONS. mentation of the alien’s work history, if the tious, or fraudulent statement or entry; or (a) SUBMISSION.—The Secretary shall pro- alien requests such assistance. (B) creates or supplies a false writing or vide that— (2) NO AUTHORITY TO MAKE DETERMINA- document for use in making such an applica- (1) applications for blue card status under TIONS.—No qualified designated entity may tion, section 101 may be submitted— make a determination required by this sub- shall be fined in accordance with title 18, (A) to the Secretary if the applicant is rep- title to be made by the Secretary. United States Code, imprisoned not more (e) LIMITATION ON ACCESS TO INFORMA- resented by an attorney or a nonprofit reli- than 5 years, or both. TION.—Files and records collected or com- gious, charitable, social service, or similar (2) INADMISSIBILITY.—An alien who is con- piled by a qualified designated entity for the organization recognized by the Board of Im- victed of a crime under paragraph (1) shall be migration Appeals under section 292.2 of title purposes of this section are confidential and the Secretary shall not have access to such considered to be inadmissible to the United 8, Code of Federal Regulations; or States on the ground described in section (B) to a qualified designated entity if the a file or record relating to an alien without the consent of the alien, except as allowed by 212(a)(6)(C)(i) of the Immigration and Nation- applicant consents to the forwarding of the ality Act (8 U.S.C. 1182(a)(6)(C)(i)). application to the Secretary; and a court order issued pursuant to subsection (f). (h) ELIGIBILITY FOR LEGAL SERVICES.—Sec- (2) applications for adjustment of status tion 504(a)(11) of Public Law 104–134 (110 Stat. under section 103 shall be filed directly with (f) CONFIDENTIALITY OF INFORMATION.— (1) IN GENERAL.—Except as otherwise pro- 1321–53 et seq.) shall not be construed to pre- the Secretary. vent a recipient of funds under the Legal (b) QUALIFIED DESIGNATED ENTITY DE- vided in this section, the Secretary or any Services Corporation Act (42 U.S.C. 2996 et FINED.—In this section, the term ‘‘qualified other official or employee of the Department designated entity’’ means— or a bureau or agency of the Department is seq.) from providing legal assistance directly (1) a qualified farm labor organization or prohibited from— related to an application for blue card status an association of employers designated by (A) using information furnished by the ap- under section 101 or an adjustment of status the Secretary; or plicant pursuant to an application filed under section 103. (2) any such other person designated by the under this title, the information provided by (i) APPLICATION FEES.— Secretary if that Secretary determines such an applicant to a qualified designated entity, (1) FEE SCHEDULE.—The Secretary shall person is qualified and has substantial expe- or any information provided by an employer provide for a schedule of fees that— rience, demonstrated competence, and has a or former employer for any purpose other (A) shall be charged for the filing of an ap- history of long-term involvement in the than to make a determination on the appli- plication for blue card status under section preparation and submission of applications cation or for imposing the penalties de- 101 or for an adjustment of status under sec- for adjustment of status under section 209, scribed in subsection (g); tion 103; and 210, or 245 of the Immigration and Nation- (B) making any publication in which the (B) may be charged by qualified designated ality Act (8 U.S.C. 1159, 1160, and 1255), the information furnished by any particular in- entities to help defray the costs of services Act entitled ‘‘An Act to adjust the status of dividual can be identified; or provided to such applicants. Cuban refugees to that of lawful permanent (C) permitting a person other than a sworn (2) PROHIBITION ON EXCESS FEES BY QUALI- residents of the United States, and for other officer or employee of the Department or a FIED DESIGNATED ENTITIES.—A qualified des- purposes’’, approved November 2, 1966 (Public bureau or agency of the Department or, with ignated entity may not charge any fee in ex- Law 89–732; 8 U.S.C. 1255 note), Public Law respect to applications filed with a qualified cess of, or in addition to, the fees authorized 95–145 (8 U.S.C. 1255 note), or the Immigra- designated entity, that qualified designated under paragraph (1)(B) for services provided tion Reform and Control Act of 1986 (Public entity, to examine individual applications. to applicants. Law 99–603; 100 Stat. 3359) or any amendment (2) REQUIRED DISCLOSURES.—The Secretary (3) DISPOSITION OF FEES.— made by that Act. shall provide the information furnished (A) IN GENERAL.—There is established in (c) PROOF OF ELIGIBILITY.— under this title or any other information de- the general fund of the Treasury a separate (1) IN GENERAL.—An alien may establish rived from such furnished information to— account, which shall be known as the ‘‘Agri- that the alien meets the requirement of sec- (A) a duly recognized law enforcement en- cultural Worker Immigration Status Adjust- tion 101(a)(1) or 103(a)(1) through government tity in connection with a criminal investiga- ment Account’’. Notwithstanding any other employment records or records supplied by tion or prosecution, if such information is provision of law, there shall be deposited as employers or collective bargaining organiza- requested in writing by such entity; or offsetting receipts into the account all fees tions, and other reliable documentation as (B) an official coroner, for purposes of af- collected under paragraph (1)(A). the alien may provide. The Secretary shall firmatively identifying a deceased indi- (B) USE OF FEES FOR APPLICATION PROC- establish special procedures to properly cred- vidual, whether or not the death of such in- ESSING.—Amounts deposited in the ‘‘Agricul- it work in cases in which an alien was em- dividual resulted from a crime. tural Worker Immigration Status Adjust- ployed under an assumed name. (3) CONSTRUCTION.— ment Account’’ shall remain available to the (2) DOCUMENTATION OF WORK HISTORY.— (A) IN GENERAL.—Nothing in this sub- Secretary until expended for processing ap- (A) BURDEN OF PROOF.—An alien applying section shall be construed to limit the use, plications for blue card status under section for status under section 101(a) or 103(a) has or release, for immigration enforcement pur- 101 or an adjustment of status under section the burden of proving by a preponderance of poses or law enforcement purposes, of infor- 103. the evidence that the alien has worked the mation contained in files or records of the SEC. 105. WAIVER OF NUMERICAL LIMITATIONS requisite number of hours or days required Department pertaining to an application AND CERTAIN GROUNDS FOR INAD- under section 101(a)(1) or 103(a)(1), as applica- filed under this section, other than informa- MISSIBILITY. ble. tion furnished by an applicant pursuant to (a) NUMERICAL LIMITATIONS DO NOT (B) TIMELY PRODUCTION OF RECORDS.—If an the application, or any other information de- APPLY.—The numerical limitations of sec- employer or farm labor contractor employ- rived from the application, that is not avail- tions 201 and 202 of the Immigration and Na- ing such an alien has kept proper and ade- able from any other source. tionality Act (8 U.S.C. 1151 and 1152) shall quate records respecting such employment, (B) CRIMINAL CONVICTIONS.—Notwith- not apply to the adjustment of aliens to law- the alien’s burden of proof under subpara- standing any other provision of this sub- ful permanent resident status under section graph (A) may be met by securing timely section, information concerning whether the 103. production of those records under regula- alien applying for blue card status under sec- (b) WAIVER OF CERTAIN GROUNDS OF INAD- tions to be promulgated by the Secretary. tion 101 or an adjustment of status under MISSIBILITY.—In the determination of an (C) SUFFICIENT EVIDENCE.—An alien may section 103 has been convicted of a crime at alien’s eligibility for status under section meet the burden of proof under subparagraph any time may be used or released for immi- 101(a) or an alien’s eligibility for adjustment (A) to establish that the alien has performed gration enforcement or law enforcement pur- of status under section 103(b)(2)(A) the fol- the days or hours of work required by section poses. lowing rules shall apply: 101(a)(1) or 103(a)(1) by producing sufficient (4) CRIME.—Any person who knowingly (1) GROUNDS OF EXCLUSION NOT APPLICA- evidence to show the extent of that employ- uses, publishes, or permits information to be BLE.—The provisions of paragraphs (5), ment as a matter of just and reasonable in- examined in violation of this subsection (6)(A), (7), and (9) of section 212(a) of the Im- ference. shall be subject to a fine in an amount not to migration and Nationality Act (8 U.S.C. (d) APPLICATIONS SUBMITTED TO QUALIFIED exceed $10,000. 1182(a)) shall not apply. DESIGNATED ENTITIES.— (g) PENALTIES FOR FALSE STATEMENTS IN (2) WAIVER OF OTHER GROUNDS.— (1) REQUIREMENTS.—Each qualified des- APPLICATIONS.— (A) IN GENERAL.—Except as provided in ignated entity shall agree— (1) CRIMINAL PENALTY.—Any person who— subparagraph (B), the Secretary may waive (A) to forward to the Secretary an applica- (A) files an application for blue card status any other provision of such section 212(a) in tion submitted to that entity pursuant to under section 101 or an adjustment of status the case of individual aliens for humani- subsection (a)(1)(B) if the applicant has con- under section 103 and knowingly and will- tarian purposes, to ensure family unity, or if sented to such forwarding; fully falsifies, conceals, or covers up a mate- otherwise in the public interest.

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(B) GROUNDS THAT MAY NOT BE WAIVED.— administrative record established at the ‘‘(D) the number of job opportunities in Paragraphs (2)(A), (2)(B), (2)(C), (3), and (4) of time of the review by the appellate authority which the employer seeks to employ the such section 212(a) may not be waived by the and the findings of fact and determinations workers. Secretary under subparagraph (A). contained in such record shall be conclusive ‘‘(2) ACCOMPANIED BY JOB OFFER.—Each ap- (C) CONSTRUCTION.—Nothing in this para- unless the applicant can establish abuse of plication filed under paragraph (1) shall be graph shall be construed as affecting the au- discretion or that the findings are directly accompanied by a copy of the job offer de- thority of the Secretary other than under contrary to clear and convincing facts con- scribing the wages and other terms and con- this subparagraph to waive provisions of tained in the record considered as a whole. ditions of employment and the bona fide oc- such section 212(a). SEC. 107. USE OF INFORMATION. cupational qualifications that shall be pos- (3) SPECIAL RULE FOR DETERMINATION OF Beginning not later than the first day of sessed by a worker to be employed in the job PUBLIC CHARGE.—An alien is not ineligible for the application period described in section opportunity in question. blue card status under section 101 or an ad- 101(a)(2), the Secretary, in cooperation with ‘‘(b) ASSURANCES FOR INCLUSION IN APPLI- justment of status under section 103 by rea- qualified designated entities (as that term is CATIONS.—The assurances referred to in sub- son of a ground of inadmissibility under sec- defined in section 104(b)), shall broadly dis- section (a)(1) are the following: tion 212(a)(4) of the Immigration and Nation- seminate information respecting the benefits ‘‘(1) JOB OPPORTUNITIES COVERED BY COLLEC- ality Act (8 U.S.C. 1182(a)(4)) if the alien that aliens may receive under this subtitle TIVE BARGAINING AGREEMENTS.—With respect demonstrates a history of employment in the and the requirements that an alien is re- to a job opportunity that is covered under a United States evidencing self-support with- quired to meet to receive such benefits. collective bargaining agreement: ‘‘(A) UNION CONTRACT DESCRIBED.—The job out reliance on public cash assistance. SEC. 108. REGULATIONS, EFFECTIVE DATE, AU- (c) TEMPORARY STAY OF REMOVAL AND THORIZATION OF APPROPRIATIONS. opportunity is covered by a union contract WORK AUTHORIZATION FOR CERTAIN APPLI- (a) REGULATIONS.—The Secretary shall which was negotiated at arm’s length be- CANTS.— issue regulations to implement this subtitle tween a bona fide union and the employer. (1) BEFORE APPLICATION PERIOD.—Effective not later than the first day of the seventh ‘‘(B) STRIKE OR LOCKOUT.—The specific job on the date of enactment of this Act, the month that begins after the date of enact- opportunity for which the employer is re- Secretary shall provide that, in the case of ment of this Act. questing an H–2A worker is not vacant be- an alien who is apprehended before the be- (b) EFFECTIVE DATE.—This subtitle shall cause the former occupant is on strike or ginning of the application period described take effect on the date that regulations re- being locked out in the course of a labor dis- in section 101(a)(2) and who can establish a quired by subsection (a) are issued, regard- pute. nonfrivolous case of eligibility for blue card less of whether such regulations are issued ‘‘(C) NOTIFICATION OF BARGAINING REP- status (but for the fact that the alien may on an interim basis or on any other basis. RESENTATIVES.—The employer, at the time of not apply for such status until the beginning (c) AUTHORIZATION OF APPROPRIATIONS.— filing the application, has provided notice of of such period), until the alien has had the There are authorized to be appropriated to the filing under this paragraph to the bar- opportunity during the first 30 days of the the Secretary such sums as may be nec- gaining representative of the employer’s em- application period to complete the filing of essary to implement this subtitle, including ployees in the occupational classification at an application for blue card status, the any sums needed for costs associated with the place or places of employment for which alien— the initiation of such implementation, for aliens are sought. (A) may not be removed; and fiscal years 2007 and 2008. ‘‘(D) TEMPORARY OR SEASONAL JOB OPPOR- (B) shall be granted authorization to en- TUNITIES.—The job opportunity is temporary Subtitle B—Correction of Social Security or seasonal. gage in employment in the United States Records and be provided an employment authorized ‘‘(E) OFFERS TO UNITED STATES WORKERS.— SEC. 111. CORRECTION OF SOCIAL SECURITY The employer has offered or will offer the job endorsement or other appropriate work per- RECORDS. mit for such purpose. to any eligible United States worker who ap- (a) IN GENERAL.—Section 208(e)(1) of the plies and is equally or better qualified for (2) DURING APPLICATION PERIOD.—The Sec- Social Security Act (42 U.S.C. 408(e)(1)) is retary shall provide that, in the case of an the job for which the nonimmigrant is, or amended— the nonimmigrants are, sought and who will alien who presents a nonfrivolous applica- (1) in subparagraph (B)(ii), by striking ‘‘or’’ tion for blue card status during the applica- be available at the time and place of need. at the end; ‘‘(F) PROVISION OF INSURANCE.—If the job tion period described in section 101(a)(2), in- (2) in subparagraph (C), by inserting ‘‘or’’ cluding an alien who files such an applica- opportunity is not covered by the State at the end; workers’ compensation law, the employer tion within 30 days of the alien’s apprehen- (3) by inserting after subparagraph (C) the sion, and until a final determination on the will provide, at no cost to the worker, insur- following: ance covering injury and disease arising out application has been made in accordance ‘‘(D) who is granted blue card status under with this section, the alien— of, and in the course of, the worker’s employ- the Agricultural Job Opportunity, Benefits, ment which will provide benefits at least (A) may not be removed; and and Security Act of 2007,’’; and (B) shall be granted authorization to en- equal to those provided under the State’s (4) by striking ‘‘1990.’’ and inserting ‘‘1990, workers’ compensation law for comparable gage in employment in the United States or in the case of an alien described in sub- and be provided an employment authorized employment. paragraph (D), if such conduct is alleged to ‘‘(2) JOB OPPORTUNITIES NOT COVERED BY endorsement or other appropriate work per- have occurred before the date on which the mit for such purpose. COLLECTIVE BARGAINING AGREEMENTS.—With alien was granted blue card status.’’. respect to a job opportunity that is not cov- SEC. 106. ADMINISTRATIVE AND JUDICIAL RE- (b) EFFECTIVE DATE.—The amendments VIEW. ered under a collective bargaining agree- made by subsection (a) shall take effect on ment: (a) IN GENERAL.—There shall be no admin- the first day of the seventh month that be- istrative or judicial review of a determina- ‘‘(A) STRIKE OR LOCKOUT.—The specific job gins after the date of the enactment of this opportunity for which the employer has ap- tion respecting an application for blue card Act. status under section 101 or adjustment of plied for an H–2A worker is not vacant be- status under section 103 except in accordance TITLE II—REFORM OF H–2A WORKER cause the former occupant is on strike or with this section. PROGRAM being locked out in the course of a labor dis- (b) ADMINISTRATIVE REVIEW.— SEC. 201. AMENDMENT TO THE IMMIGRATION pute. (1) SINGLE LEVEL OF ADMINISTRATIVE APPEL- AND NATIONALITY ACT. ‘‘(B) TEMPORARY OR SEASONAL JOB OPPORTU- LATE REVIEW.—The Secretary shall establish (a) IN GENERAL.—Title II of the Immigra- NITIES.—The job opportunity is temporary or an appellate authority to provide for a single tion and Nationality Act (8 U.S.C. 1151 et seasonal. level of administrative appellate review of seq.) is amended by striking section 218 and ‘‘(C) BENEFIT, WAGE, AND WORKING CONDI- such a determination. inserting the following: TIONS.—The employer will provide, at a min- (2) STANDARD FOR REVIEW.—Such adminis- ‘‘SEC. 218. H–2A EMPLOYER APPLICATIONS. imum, the benefits, wages, and working con- trative appellate review shall be based solely ‘‘(a) APPLICATIONS TO THE SECRETARY OF ditions required by section 218A to all work- upon the administrative record established LABOR.— ers employed in the job opportunities for at the time of the determination on the ap- ‘‘(1) IN GENERAL.—No alien may be admit- which the employer has applied for an H–2A plication and upon such additional or newly ted to the United States as an H–2A worker, worker under subsection (a) and to all other discovered evidence as may not have been or otherwise provided status as an H–2A workers in the same occupation at the place available at the time of the determination. worker, unless the employer has filed with of employment. (c) JUDICIAL REVIEW.— the Secretary of Labor an application con- ‘‘(D) NONDISPLACEMENT OF UNITED STATES (1) LIMITATION TO REVIEW OF REMOVAL.— taining— WORKERS.—The employer did not displace There shall be judicial review of such a de- ‘‘(A) the assurances described in subsection and will not displace a United States worker termination only in the judicial review of an (b); employed by the employer during the period order of removal under section 242 of the Im- ‘‘(B) a description of the nature and loca- of employment and for a period of 30 days migration and Nationality Act (8 U.S.C. tion of the work to be performed; preceding the period of employment in the 1252). ‘‘(C) the anticipated period (expected be- occupation at the place of employment for (2) STANDARD FOR JUDICIAL REVIEW.—Such ginning and ending dates) for which the which the employer has applied for an H–2A judicial review shall be based solely upon the workers will be needed; and worker.

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‘‘(E) REQUIREMENTS FOR PLACEMENT OF THE workers in a publication in the local labor ‘‘(d) WITHDRAWAL OF APPLICATIONS.— NONIMMIGRANT WITH OTHER EMPLOYERS.—The market that is likely to be patronized by po- ‘‘(1) IN GENERAL.—An employer may with- employer will not place the nonimmigrant tential farm workers. draw an application filed pursuant to sub- with another employer unless— ‘‘(IV) EMERGENCY PROCEDURES.—The Sec- section (a), except that if the employer is an ‘‘(i) the nonimmigrant performs duties in retary of Labor shall, by regulation, provide agricultural association, the association whole or in part at 1 or more worksites a procedure for acceptance and approval of may withdraw an application filed pursuant owned, operated, or controlled by such other applications in which the employer has not to subsection (a) with respect to 1 or more of employer; complied with the provisions of this subpara- its members. To withdraw an application, ‘‘(ii) there are indicia of an employment graph because the employer’s need for H–2A the employer or association shall notify the relationship between the nonimmigrant and workers could not reasonably have been fore- Secretary of Labor in writing, and the Sec- such other employer; and seen. retary of Labor shall acknowledge in writing ‘‘(iii) the employer has inquired of the ‘‘(ii) JOB OFFERS.—The employer has of- the receipt of such withdrawal notice. An other employer as to whether, and has no ac- fered or will offer the job to any eligible employer who withdraws an application tual knowledge or notice that, during the pe- United States worker who applies and is under subsection (a), or on whose behalf an riod of employment and for a period of 30 equally or better qualified for the job for application is withdrawn, is relieved of the days preceding the period of employment, which the nonimmigrant is, or non- obligations undertaken in the application. the other employer has displaced or intends immigrants are, sought and who will be ‘‘(2) LIMITATION.—An application may not to displace a United States worker employed available at the time and place of need. be withdrawn while any alien provided sta- by the other employer in the occupation at ‘‘(iii) PERIOD OF EMPLOYMENT.—The em- tus under section 101(a)(15)(H)(ii)(a) pursuant the place of employment for which the em- ployer will provide employment to any to such application is employed by the em- ployer seeks approval to employ H–2A work- qualified United States worker who applies ployer. ers. to the employer during the period beginning ‘‘(3) OBLIGATIONS UNDER OTHER STATUTES.— ‘‘(F) STATEMENT OF LIABILITY.—The appli- on the date on which the H–2A worker de- Any obligation incurred by an employer cation form shall include a clear statement parts for the employer’s place of employ- under any other law or regulation as a result explaining the liability under subparagraph ment and ending on the date on which 50 per- of the recruitment of United States workers (E) of an employer if the other employer de- cent of the period of employment for which or H–2A workers under an offer of terms and scribed in such subparagraph displaces a the H–2A worker who is in the job was hired conditions of employment required as a re- United States worker as described in such has elapsed, subject to the following require- sult of making an application under sub- subparagraph. ments: section (a) is unaffected by withdrawal of ‘‘(G) PROVISION OF INSURANCE.—If the job ‘‘(I) PROHIBITION.—No person or entity such application. opportunity is not covered by the State shall willfully and knowingly withhold ‘‘(e) REVIEW AND APPROVAL OF APPLICA- workers’ compensation law, the employer United States workers before the arrival of TIONS.— will provide, at no cost to the worker, insur- H–2A workers in order to force the hiring of ‘‘(1) RESPONSIBILITY OF EMPLOYERS.—The ance covering injury and disease arising out United States workers under this clause. employer shall make available for public ex- of and in the course of the worker’s employ- ‘‘(II) COMPLAINTS.—Upon receipt of a com- amination, within 1 working day after the plaint by an employer that a violation of ment which will provide benefits at least date on which an application under sub- equal to those provided under the State’s subclause (I) has occurred, the Secretary of section (a) is filed, at the employer’s prin- workers’ compensation law for comparable Labor shall immediately investigate. The cipal place of business or worksite, a copy of employment. Secretary of Labor shall, within 36 hours of each such application (and such accom- ‘‘(H) EMPLOYMENT OF UNITED STATES WORK- the receipt of the complaint, issue findings panying documents as are necessary). ERS.— concerning the alleged violation. If the Sec- ‘‘(2) RESPONSIBILITY OF THE SECRETARY OF ‘‘(i) RECRUITMENT.—The employer has retary of Labor finds that a violation has oc- LABOR.— taken or will take the following steps to re- curred, the Secretary of Labor shall imme- ‘‘(A) COMPILATION OF LIST.—The Secretary cruit United States workers for the job op- diately suspend the application of this clause of Labor shall compile, on a current basis, a portunities for which the H–2A non- with respect to that certification for that list (by employer and by occupational classi- immigrant is, or H–2A nonimmigrants are, date of need. fication) of the applications filed under sub- sought: ‘‘(III) PLACEMENT OF UNITED STATES WORK- section (a). Such list shall include the wage ‘‘(I) CONTACTING FORMER WORKERS.—The ERS.—Before referring a United States work- employer shall make reasonable efforts er to an employer during the period de- rate, number of workers sought, period of in- through the sending of a letter by United scribed in the matter preceding subclause (I), tended employment, and date of need. The States Postal Service mail, or otherwise, to the Secretary of Labor shall make all rea- Secretary of Labor shall make such list contact any United States worker the em- sonable efforts to place the United States available for examination in the District of ployer employed during the previous season worker in an open job acceptable to the Columbia. in the occupation at the place of intended worker, if there are other job offers pending ‘‘(B) REVIEW OF APPLICATIONS.—The Sec- employment for which the employer is ap- with the job service that offer similar job op- retary of Labor shall review such an applica- plying for workers and has made the avail- portunities in the area of intended employ- tion only for completeness and obvious inac- ability of the employer’s job opportunities in ment. curacies. Unless the Secretary of Labor finds that the application is incomplete or obvi- the occupation at the place of intended em- ‘‘(iv) STATUTORY CONSTRUCTION.—Nothing ployment known to such previous workers, in this subparagraph shall be construed to ously inaccurate, the Secretary of Labor unless the worker was terminated from em- prohibit an employer from using such legiti- shall certify that the intending employer has ployment by the employer for a lawful job- mate selection criteria relevant to the type filed with the Secretary of Labor an applica- related reason or abandoned the job before of job that are normal or customary to the tion as described in subsection (a). Such cer- the worker completed the period of employ- type of job involved so long as such criteria tification shall be provided within 7 days of ment of the job opportunity for which the are not applied in a discriminatory manner. the filing of the application.’’ worker was hired. ‘‘(c) APPLICATIONS BY ASSOCIATIONS ON BE- ‘‘SEC. 218A. H–2A EMPLOYMENT REQUIREMENTS. ‘‘(II) FILING A JOB OFFER WITH THE LOCAL HALF OF EMPLOYER MEMBERS.— ‘‘(a) PREFERENTIAL TREATMENT OF ALIENS OFFICE OF THE STATE EMPLOYMENT SECURITY ‘‘(1) IN GENERAL.—An agricultural associa- PROHIBITED.—Employers seeking to hire AGENCY.—Not later than 28 days before the tion may file an application under sub- United States workers shall offer the United date on which the employer desires to em- section (a) on behalf of 1 or more of its em- States workers no less than the same bene- ploy an H–2A worker in a temporary or sea- ployer members that the association cer- fits, wages, and working conditions that the sonal agricultural job opportunity, the em- tifies in its application has or have agreed in employer is offering, intends to offer, or will ployer shall submit a copy of the job offer writing to comply with the requirements of provide to H–2A workers. Conversely, no job described in subsection (a)(2) to the local of- this section and sections 218A, 218B, and offer may impose on United States workers fice of the State employment security agen- 218C. any restrictions or obligations which will cy which serves the area of intended employ- ‘‘(2) TREATMENT OF ASSOCIATIONS ACTING AS not be imposed on the employer’s H–2A ment and authorize the posting of the job op- EMPLOYERS.—If an association filing an ap- workers. portunity on ‘America’s Job Bank’ or other plication under paragraph (1) is a joint or ‘‘(b) MINIMUM BENEFITS, WAGES, AND WORK- electronic job registry, except that nothing sole employer of the temporary or seasonal ING CONDITIONS.—Except in cases where high- in this subclause shall require the employer agricultural workers requested on the appli- er benefits, wages, or working conditions are to file an interstate job order under section cation, the certifications granted under sub- required by the provisions of subsection (a), 653 of title 20, Code of Federal Regulations. section (e)(2)(B) to the association may be in order to protect similarly employed ‘‘(III) ADVERTISING OF JOB OPPORTUNITIES.— used for the certified job opportunities of United States workers from adverse effects Not later than 14 days before the date on any of its producer members named on the with respect to benefits, wages, and working which the employer desires to employ an H– application, and such workers may be trans- conditions, every job offer which shall ac- 2A worker in a temporary or seasonal agri- ferred among such producer members to per- company an application under section cultural job opportunity, the employer shall form the agricultural services of a tem- 218(b)(2) shall include each of the following advertise the availability of the job opportu- porary or seasonal nature for which the cer- benefit, wage, and working condition provi- nities for which the employer is seeking tifications were granted. sions:

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‘‘(1) REQUIREMENT TO PROVIDE HOUSING OR A that there is adequate housing available in provide the transportation reimbursement HOUSING ALLOWANCE.— the area of intended employment for mi- required by subparagraph (A). ‘‘(A) IN GENERAL.—An employer applying grant farm workers and H–2A workers who ‘‘(E) TRANSPORTATION BETWEEN LIVING under section 218(a) for H–2A workers shall are seeking temporary housing while em- QUARTERS AND WORKSITE.—The employer offer to provide housing at no cost to all ployed in agricultural work. Such certifi- shall provide transportation between the workers in job opportunities for which the cation shall expire after 3 years unless re- worker’s living quarters and the employer’s employer has applied under that section and newed by the Governor of the State. worksite without cost to the worker, and to all other workers in the same occupation ‘‘(iii) AMOUNT OF ALLOWANCE.— such transportation will be in accordance at the place of employment, whose place of ‘‘(I) NONMETROPOLITAN COUNTIES.—If the with applicable laws and regulations. residence is beyond normal commuting dis- place of employment of the workers provided ‘‘(3) REQUIRED WAGES.— tance. an allowance under this subparagraph is a ‘‘(A) IN GENERAL.—An employer applying ‘‘(B) TYPE OF HOUSING.—In complying with nonmetropolitan county, the amount of the for workers under section 218(a) shall offer to subparagraph (A), an employer may, at the housing allowance under this subparagraph pay, and shall pay, all workers in the occu- employer’s election, provide housing that shall be equal to the statewide average fair pation for which the employer has applied meets applicable Federal standards for tem- market rental for existing housing for non- for workers, not less (and is not required to porary labor camps or secure housing that metropolitan counties for the State, as es- pay more) than the greater of the prevailing meets applicable local standards for rental tablished by the Secretary of Housing and wage in the occupation in the area of in- or public accommodation housing or other Urban Development pursuant to section 8(c) tended employment or the adverse effect substantially similar class of habitation, or of the United States Housing Act of 1937 (42 wage rate. No worker shall be paid less than in the absence of applicable local standards, U.S.C. 1437f(c)), based on a 2-bedroom dwell- the greater of the hourly wage prescribed State standards for rental or public accom- ing unit and an assumption of 2 persons per under section 6(a)(1) of the Fair Labor Stand- modation housing or other substantially bedroom. ards Act of 1938 (29 U.S.C. 206(a)(1)) or the ap- similar class of habitation. In the absence of ‘‘(II) METROPOLITAN COUNTIES.—If the place plicable State minimum wage. applicable local or State standards, Federal of employment of the workers provided an ‘‘(B) LIMITATION.—Effective on the date of temporary labor camp standards shall apply. allowance under this paragraph is in a met- the enactment of the Agricultural Job Op- ‘‘(C) FAMILY HOUSING.—If it is the pre- ropolitan county, the amount of the housing portunities, Benefits, and Security Act of vailing practice in the occupation and area allowance under this subparagraph shall be 2007 and continuing for 3 years thereafter, no of intended employment to provide family equal to the statewide average fair market adverse effect wage rate for a State may be housing, family housing shall be provided to rental for existing housing for metropolitan more than the adverse effect wage rate for workers with families who request it. counties for the State, as established by the that State in effect on January 1, 2003, as es- ‘‘(D) WORKERS ENGAGED IN THE RANGE PRO- Secretary of Housing and Urban Develop- tablished by section 655.107 of title 20, Code DUCTION OF LIVESTOCK.—The Secretary of ment pursuant to section 8(c) of the United of Federal Regulations. Labor shall issue regulations that address States Housing Act of 1937 (42 U.S.C. ‘‘(C) REQUIRED WAGES AFTER 3-YEAR the specific requirements for the provision of 1437f(c)), based on a 2-bedroom dwelling unit FREEZE.— housing to workers engaged in the range pro- and an assumption of 2 persons per bedroom. ‘‘(i) FIRST ADJUSTMENT.—If Congress does duction of livestock. ‘‘(2) REIMBURSEMENT OF TRANSPORTATION.— not set a new wage standard applicable to ‘‘(E) LIMITATION.—Nothing in this para- ‘‘(A) TO PLACE OF EMPLOYMENT.—A worker this section before the first March 1 that is graph shall be construed to require an em- who completes 50 percent of the period of not less than 3 years after the date of enact- ployer to provide or secure housing for per- employment of the job opportunity for which ment of this section, the adverse effect wage sons who were not entitled to such housing the worker was hired shall be reimbursed by rate for each State beginning on such March under the temporary labor certification reg- the employer for the cost of the worker’s 1 shall be the wage rate that would have re- ulations in effect on June 1, 1986. transportation and subsistence from the sulted if the adverse effect wage rate in ef- ‘‘(F) CHARGES FOR HOUSING.— place from which the worker came to work fect on January 1, 2003, had been annually ‘‘(i) CHARGES FOR PUBLIC HOUSING.—If pub- for the employer (or place of last employ- adjusted, beginning on March 1, 2006, by the lic housing provided for migrant agricultural ment, if the worker traveled from such lesser of— workers under the auspices of a local, coun- place) to the place of employment. ‘‘(I) the 12-month percentage change in the ty, or State government is secured by an em- ‘‘(B) FROM PLACE OF EMPLOYMENT.—A Consumer Price Index for All Urban Con- ployer, and use of the public housing unit worker who completes the period of employ- sumers between December of the second pre- normally requires charges from migrant ment for the job opportunity involved shall ceding year and December of the preceding workers, such charges shall be paid by the be reimbursed by the employer for the cost year; and employer directly to the appropriate indi- of the worker’s transportation and subsist- ‘‘(II) 4 percent. vidual or entity affiliated with the housing’s ence from the place of employment to the ‘‘(ii) SUBSEQUENT ANNUAL ADJUSTMENTS.— management. place from which the worker, disregarding Beginning on the first March 1 that is not ‘‘(ii) DEPOSIT CHARGES.—Charges in the intervening employment, came to work for less than 4 years after the date of enactment form of deposits for bedding or other similar the employer, or to the place of next employ- of this section, and each March 1 thereafter, incidentals related to housing shall not be ment, if the worker has contracted with a the adverse effect wage rate then in effect levied upon workers by employers who pro- subsequent employer who has not agreed to for each State shall be adjusted by the lesser vide housing for their workers. An employer provide or pay for the worker’s transpor- of— may require a worker found to have been re- tation and subsistence to such subsequent ‘‘(I) the 12-month percentage change in the sponsible for damage to such housing which employer’s place of employment. Consumer Price Index for All Urban Con- is not the result of normal wear and tear re- ‘‘(C) LIMITATION.— sumers between December of the second pre- lated to habitation to reimburse the em- ‘‘(i) AMOUNT OF REIMBURSEMENT.—Except ceding year and December of the preceding ployer for the reasonable cost of repair of as provided in clause (ii), the amount of re- year; and such damage. imbursement provided under subparagraph ‘‘(II) 4 percent. ‘‘(G) HOUSING ALLOWANCE AS ALTER- (A) or (B) to a worker or alien shall not ex- ‘‘(D) DEDUCTIONS.—The employer shall NATIVE.— ceed the lesser of— make only those deductions from the work- ‘‘(i) IN GENERAL.—If the requirement set ‘‘(I) the actual cost to the worker or alien er’s wages that are authorized by law or are out in clause (ii) is satisfied, the employer of the transportation and subsistence in- reasonable and customary in the occupation may provide a reasonable housing allowance volved; or and area of employment. The job offer shall instead of offering housing under subpara- ‘‘(II) the most economical and reasonable specify all deductions not required by law graph (A). Upon the request of a worker common carrier transportation charges and which the employer will make from the seeking assistance in locating housing, the subsistence costs for the distance involved. worker’s wages. employer shall make a good faith effort to ‘‘(ii) DISTANCE TRAVELED.—No reimburse- ‘‘(E) FREQUENCY OF PAY.—The employer assist the worker in identifying and locating ment under subparagraph (A) or (B) shall be shall pay the worker not less frequently than housing in the area of intended employment. required if the distance traveled is 100 miles twice monthly, or in accordance with the An employer who offers a housing allowance or less, or the worker is not residing in em- prevailing practice in the area of employ- to a worker, or assists a worker in locating ployer-provided housing or housing secured ment, whichever is more frequent. housing which the worker occupies, pursuant through an allowance as provided in para- ‘‘(F) HOURS AND EARNINGS STATEMENTS.— to this clause shall not be deemed a housing graph (1)(G). The employer shall furnish to the worker, on provider under section 203 of the Migrant and ‘‘(D) EARLY TERMINATION.—If the worker is or before each payday, in 1 or more written Seasonal Agricultural Worker Protection laid off or employment is terminated for statements— Act (29 U.S.C. 1823) solely by virtue of pro- contract impossibility (as described in para- ‘‘(i) the worker’s total earnings for the pay viding such housing allowance. No housing graph (4)(D)) before the anticipated ending period; allowance may be used for housing which is date of employment, the employer shall pro- ‘‘(ii) the worker’s hourly rate of pay, piece owned or controlled by the employer. vide the transportation and subsistence re- rate of pay, or both; ‘‘(ii) CERTIFICATION.—The requirement of quired by subparagraph (B) and, notwith- ‘‘(iii) the hours of employment which have this clause is satisfied if the Governor of the standing whether the worker has completed been offered to the worker (broken out by State certifies to the Secretary of Labor 50 percent of the period of employment, shall hours offered in accordance with and over

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and above the 3⁄4 guarantee described in para- ‘‘(iv) FINAL REPORT.—Not later than De- worker, unless the employer specifically re- graph (4); cember 31, 2009, the Commission shall submit quested or arranged such transportation; or ‘‘(iv) the hours actually worked by the a report to the Congress setting forth the ‘‘(bb) car pooling arrangements made by H– worker; findings of the study conducted under clause 2A workers themselves, using 1 of the work- ‘‘(v) an itemization of the deductions made (iii). ers’ own vehicles, unless specifically re- from the worker’s wages; and ‘‘(v) TERMINATION DATE.—The Commission quested by the employer directly or through ‘‘(vi) if piece rates of pay are used, the shall terminate upon submitting its final re- a farm labor contractor. units produced daily. port. ‘‘(iii) CLARIFICATION.—Providing a job offer ‘‘(G) REPORT ON WAGE PROTECTIONS.—Not ‘‘(4) GUARANTEE OF EMPLOYMENT.— to an H–2A worker that causes the worker to later than December 31, 2009, the Comp- ‘‘(A) OFFER TO WORKER.—The employer travel to or from the place of employment, troller General of the United States shall shall guarantee to offer the worker employ- or the payment or reimbursement of the prepare and transmit to the Secretary of ment for the hourly equivalent of at least 3⁄4 transportation costs of an H–2A worker by Labor, the Committee on the Judiciary of of the work days of the total period of em- an H–2A employer, shall not constitute an the Senate, and Committee on the Judiciary ployment, beginning with the first work day arrangement of, or participation in, such of the House of Representatives, a report after the arrival of the worker at the place of transportation. that addresses— employment and ending on the expiration ‘‘(iv) AGRICULTURAL MACHINERY AND EQUIP- ‘‘(i) whether the employment of H–2A or date specified in the job offer. For purposes MENT EXCLUDED.—This subsection does not unauthorized aliens in the United States ag- of this subparagraph, the hourly equivalent apply to the transportation of an H–2A work- ricultural workforce has depressed United means the number of hours in the work days er on a tractor, combine, harvester, picker, States farm worker wages below the levels as stated in the job offer and shall exclude or other similar machinery or equipment that would otherwise have prevailed if alien the worker’s Sabbath and Federal holidays. while such worker is actually engaged in the farm workers had not been employed in the If the employer affords the United States or planting, cultivating, or harvesting of agri- United States; H–2A worker less employment than that re- cultural commodities or the care of live- ‘‘(ii) whether an adverse effect wage rate is quired under this paragraph, the employer stock or poultry or engaged in transpor- necessary to prevent wages of United States shall pay such worker the amount which the tation incidental thereto. farm workers in occupations in which H–2A ‘‘(v) COMMON CARRIERS EXCLUDED.—This workers are employed from falling below the worker would have earned had the worker, in fact, worked for the guaranteed number of subsection does not apply to common carrier wage levels that would have prevailed in the motor vehicle transportation in which the absence of the employment of H–2A workers hours. ‘‘(B) FAILURE TO WORK.—Any hours which provider holds itself out to the general pub- in those occupations; lic as engaging in the transportation of pas- ‘‘(iii) whether alternative wage standards, the worker fails to work, up to a maximum of the number of hours specified in the job sengers for hire and holds a valid certifi- such as a prevailing wage standard, would be cation of authorization for such purposes sufficient to prevent wages in occupations in offer for a work day, when the worker has been offered an opportunity to do so, and all from an appropriate Federal, State, or local which H–2A workers are employed from fall- agency. ing below the wage level that would have hours of work actually performed (including ‘‘(B) APPLICABILITY OF STANDARDS, LICENS- prevailed in the absence of H–2A employ- voluntary work in excess of the number of ING, AND INSURANCE REQUIREMENTS.— ment; hours specified in the job offer in a work day, ‘‘(i) IN GENERAL.—When using, or causing ‘‘(iv) whether any changes are warranted on the worker’s Sabbath, or on Federal holi- to be used, any vehicle for the purpose of in the current methodologies for calculating days) may be counted by the employer in providing transportation to which this sub- the adverse effect wage rate and the pre- calculating whether the period of guaranteed paragraph applies, each employer shall— vailing wage; and employment has been met. ‘‘(I) ensure that each such vehicle con- ‘‘(v) recommendations for future wage pro- ‘‘(C) ABANDONMENT OF EMPLOYMENT, TERMI- forms to the standards prescribed by the Sec- tection under this section. NATION FOR CAUSE.—If the worker voluntarily retary of Labor under section 401(b) of the ‘‘(H) COMMISSION ON WAGE STANDARDS.— abandons employment before the end of the Migrant and Seasonal Agricultural Worker ‘‘(i) ESTABLISHMENT.—There is established contract period, or is terminated for cause, 3 Protection Act (29 U.S.C. 1841(b)) and other the Commission on Agricultural Wage the worker is not entitled to the ‘ ⁄4 guar- Standards under the H–2A program (in this antee’ described in subparagraph (A). applicable Federal and State safety stand- subparagraph referred to as the ‘Commis- ‘‘(D) CONTRACT IMPOSSIBILITY.—If, before ards; sion’). the expiration of the period of employment ‘‘(II) ensure that each driver has a valid and appropriate license, as provided by State ‘‘(ii) COMPOSITION.—The Commission shall specified in the job offer, the services of the consist of 10 members as follows: worker are no longer required for reasons be- law, to operate the vehicle; and ‘‘(I) Four representatives of agricultural yond the control of the employer due to any ‘‘(III) have an insurance policy or a liabil- employers and 1 representative of the De- form of natural disaster, including a flood, ity bond that is in effect which insures the partment of Agriculture, each appointed by hurricane, freeze, earthquake, fire, drought, employer against liability for damage to per- the Secretary of Agriculture. plant or animal disease or pest infestation, sons or property arising from the ownership, ‘‘(II) Four representatives of agricultural or regulatory drought, before the guarantee operation, or causing to be operated, of any workers and 1 representative of the Depart- in subparagraph (A) is fulfilled, the employer vehicle used to transport any H–2A worker. ment of Labor, each appointed by the Sec- may terminate the worker’s employment. In ‘‘(ii) AMOUNT OF INSURANCE REQUIRED.—The retary of Labor. the event of such termination, the employer level of insurance required shall be deter- ‘‘(iii) FUNCTIONS.—The Commission shall shall fulfill the employment guarantee in mined by the Secretary of Labor pursuant to conduct a study that shall address— subparagraph (A) for the work days that regulations to be issued under this sub- ‘‘(I) whether the employment of H–2A or have elapsed from the first work day after section. unauthorized aliens in the United States ag- the arrival of the worker to the termination ‘‘(iii) EFFECT OF WORKERS’ COMPENSATION ricultural workforce has depressed United of employment. In such cases, the employer COVERAGE.—If the employer of any H–2A States farm worker wages below the levels will make efforts to transfer the United worker provides workers’ compensation cov- that would otherwise have prevailed if alien States worker to other comparable employ- erage for such worker in the case of bodily farm workers had not been employed in the ment acceptable to the worker. If such trans- injury or death as provided by State law, the United States; fer is not effected, the employer shall pro- following adjustments in the requirements of ‘‘(II) whether an adverse effect wage rate is vide the return transportation required in subparagraph (B)(i)(III) relating to having an necessary to prevent wages of United States paragraph (2)(D). insurance policy or liability bond apply: farm workers in occupations in which H–2A ‘‘(5) MOTOR VEHICLE SAFETY.— ‘‘(I) No insurance policy or liability bond workers are employed from falling below the ‘‘(A) MODE OF TRANSPORTATION SUBJECT TO shall be required of the employer, if such wage levels that would have prevailed in the COVERAGE.— workers are transported only under cir- absence of the employment of H–2A workers ‘‘(i) IN GENERAL.—Except as provided in cumstances for which there is coverage in those occupations; clauses (iii) and (iv), this subsection applies under such State law. ‘‘(III) whether alternative wage standards, to any H–2A employer that uses or causes to ‘‘(II) An insurance policy or liability bond such as a prevailing wage standard, would be be used any vehicle to transport an H–2A shall be required of the employer for cir- sufficient to prevent wages in occupations in worker within the United States. cumstances under which coverage for the which H–2A workers are employed from fall- ‘‘(ii) DEFINED TERM.—In this paragraph, the transportation of such workers is not pro- ing below the wage level that would have term ‘uses or causes to be used’— vided under such State law. prevailed in the absence of H–2A employ- ‘‘(I) applies only to transportation pro- ‘‘(c) COMPLIANCE WITH LABOR LAWS.—An ment; vided by an H–2A employer to an H–2A work- employer shall assure that, except as other- ‘‘(IV) whether any changes are warranted er, or by a farm labor contractor to an H–2A wise provided in this section, the employer in the current methodologies for calculating worker at the request or direction of an H–2A will comply with all applicable Federal, the adverse effect wage rate and the pre- employer; and State, and local labor laws, including laws vailing wage rate; and ‘‘(II) does not apply to— affecting migrant and seasonal agricultural ‘‘(V) recommendations for future wage pro- ‘‘(aa) transportation provided, or transpor- workers, with respect to all United States tection under this section. tation arrangements made, by an H–2A workers and alien workers employed by the

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S370 CONGRESSIONAL RECORD — SENATE January 10, 2007 employer, except that a violation of this as- lates the terms of this section or again be- ‘‘(i) the individual with the identification surance shall not constitute a violation of comes ineligible under section 212(a)(9)(B) by and employment eligibility document whose the Migrant and Seasonal Agricultural virtue of unlawful presence in the United eligibility is being verified is in fact eligible Worker Protection Act (29 U.S.C. 1801 et States after the date of the initial waiver of for employment; seq.). ineligibility pursuant to subparagraph (A). ‘‘(ii) the individual whose eligibility is ‘‘(d) COPY OF JOB OFFER.—The employer ‘‘(d) PERIOD OF ADMISSION.— being verified is claiming the identity of an- shall provide to the worker, not later than ‘‘(1) IN GENERAL.—The alien shall be admit- other person; and the day the work commences, a copy of the ted for the period of employment in the ap- ‘‘(iii) the individual whose eligibility is employer’s application and job offer de- plication certified by the Secretary of Labor being verified is authorized to be admitted scribed in section 218(a), or, if the employer pursuant to section 218(e)(2)(B), not to ex- into, and employed in, the United States as will require the worker to enter into a sepa- ceed 10 months, supplemented by a period of an H–2A worker. rate employment contract covering the em- not more than 1 week before the beginning of ‘‘(B) The document shall be in a form that ployment in question, such separate employ- the period of employment for the purpose of is resistant to counterfeiting and to tam- ment contract. travel to the worksite and a period of 14 days pering. ‘‘(e) RANGE PRODUCTION OF LIVESTOCK.— following the period of employment for the ‘‘(C) The document shall— Nothing in this section, section 218, or sec- purpose of departure or extension based on a ‘‘(i) be compatible with other databases of tion 218B shall preclude the Secretary of subsequent offer of employment, except the Secretary for the purpose of excluding Labor and the Secretary from continuing to that— aliens from benefits for which they are not apply special procedures and requirements to ‘‘(A) the alien is not authorized to be em- eligible and determining whether the alien is the admission and employment of aliens in ployed during such 14-day period except in unlawfully present in the United States; and occupations involving the range production the employment for which the alien was pre- ‘‘(ii) be compatible with law enforcement of livestock. viously authorized; and databases to determine if the alien has been ‘‘SEC. 218B. PROCEDURE FOR ADMISSION AND EX- ‘‘(B) the total period of employment, in- convicted of criminal offenses. TENSION OF STAY OF H–2A WORK- cluding such 14-day period, may not exceed ERS. 10 months. ‘‘(h) EXTENSION OF STAY OF H–2A ALIENS IN ‘‘(a) PETITIONING FOR ADMISSION.—An em- ‘‘(2) CONSTRUCTION.—Nothing in this sub- THE UNITED STATES.— ployer, or an association acting as an agent section shall limit the authority of the Sec- ‘‘(1) EXTENSION OF STAY.—If an employer or joint employer for its members, that retary to extend the stay of the alien under seeks approval to employ an H–2A alien who seeks the admission into the United States any other provision of this Act. is lawfully present in the United States, the of an H–2A worker may file a petition with ‘‘(e) ABANDONMENT OF EMPLOYMENT.— petition filed by the employer or an associa- the Secretary. The petition shall be accom- ‘‘(1) IN GENERAL.—An alien admitted or tion pursuant to subsection (a), shall request panied by an accepted and currently valid provided status under section an extension of the alien’s stay and a change certification provided by the Secretary of 101(a)(15)(H)(ii)(a) who abandons the employ- in the alien’s employment. Labor under section 218(e)(2)(B) covering the ment which was the basis for such admission ‘‘(2) LIMITATION ON FILING A PETITION FOR petitioner. or status shall be considered to have failed EXTENSION OF STAY.—A petition may not be ‘‘(b) EXPEDITED ADJUDICATION BY THE SEC- to maintain nonimmigrant status as an H–2A filed for an extension of an alien’s stay— RETARY.—The Secretary shall establish a worker and shall depart the United States or ‘‘(A) for a period of more than 10 months; procedure for expedited adjudication of peti- be subject to removal under section or tions filed under subsection (a) and within 7 237(a)(1)(C)(i). ‘‘(B) to a date that is more than 3 years working days shall, by fax, cable, or other ‘‘(2) REPORT BY EMPLOYER.—The employer, after the date of the alien’s last admission to means assuring expedited delivery, transmit or association acting as agent for the em- the United States under this section. a copy of notice of action on the petition to ployer, shall notify the Secretary not later ‘‘(3) WORK AUTHORIZATION UPON FILING A PE- the petitioner and, in the case of approved than 7 days after an H–2A worker pre- TITION FOR EXTENSION OF STAY.— petitions, to the appropriate immigration of- maturely abandons employment. ‘‘(A) IN GENERAL.—An alien who is lawfully ficer at the port of entry or United States ‘‘(3) REMOVAL BY THE SECRETARY.—The Sec- present in the United States may commence consulate (as the case may be) where the pe- retary shall promptly remove from the the employment described in a petition titioner has indicated that the alien bene- United States any H–2A worker who violates under paragraph (1) on the date on which the ficiary (or beneficiaries) will apply for a visa any term or condition of the worker’s non- petition is filed. or admission to the United States. immigrant status. ‘‘(B) DEFINITION.—For purposes of subpara- ‘‘(c) CRITERIA FOR ADMISSIBILITY.— ‘‘(4) VOLUNTARY TERMINATION.—Notwith- graph (A), the term ‘file’ means sending the ‘‘(1) IN GENERAL.—An H–2A worker shall be standing paragraph (1), an alien may volun- petition by certified mail via the United considered admissible to the United States if tarily terminate his or her employment if States Postal Service, return receipt re- the alien is otherwise admissible under this the alien promptly departs the United States quested, or delivered by guaranteed commer- section, section 218, and section 218A, and upon termination of such employment. cial delivery which will provide the employer the alien is not ineligible under paragraph ‘‘(f) REPLACEMENT OF ALIEN.— with a documented acknowledgment of the (2). ‘‘(1) IN GENERAL.—Upon presentation of the date of receipt of the petition. ‘‘(2) DISQUALIFICATION.—An alien shall be notice to the Secretary required by sub- ‘‘(C) HANDLING OF PETITION.—The employer considered inadmissible to the United States section (e)(2), the Secretary of State shall shall provide a copy of the employer’s peti- and ineligible for nonimmigrant status under promptly issue a visa to, and the Secretary tion to the alien, who shall keep the petition section 101(a)(15)(H)(ii)(a) if the alien has, at shall admit into the United States, an eligi- with the alien’s identification and employ- any time during the past 5 years— ble alien designated by the employer to re- ment eligibility document as evidence that ‘‘(A) violated a material provision of this place an H–2A worker— the petition has been filed and that the alien section, including the requirement to ‘‘(A) who abandons or prematurely termi- is authorized to work in the United States. promptly depart the United States when the nates employment; or ‘‘(D) APPROVAL OF PETITION.—Upon ap- alien’s authorized period of admission under ‘‘(B) whose employment is terminated proval of a petition for an extension of stay this section has expired; or after a United States worker is employed or change in the alien’s authorized employ- ‘‘(B) otherwise violated a term or condition pursuant to section 218(b)(2)(H)(iii), if the ment, the Secretary shall provide a new or of admission into the United States as a non- United States worker voluntarily departs be- updated employment eligibility document to immigrant, including overstaying the period fore the end of the period of intended em- the alien indicating the new validity date, of authorized admission as such a non- ployment or if the employment termination after which the alien is not required to re- immigrant. is for a lawful job-related reason. tain a copy of the petition. ‘‘(3) WAIVER OF INELIGIBILITY FOR UNLAW- ‘‘(2) CONSTRUCTION.—Nothing in this sub- ‘‘(4) LIMITATION ON EMPLOYMENT AUTHOR- FUL PRESENCE.— section is intended to limit any preference IZATION OF ALIENS WITHOUT VALID IDENTIFICA- ‘‘(A) IN GENERAL.—An alien who has not required to be accorded United States work- TION AND EMPLOYMENT ELIGIBILITY DOCU- previously been admitted into the United ers under any other provision of this Act. MENT.—An expired identification and em- States pursuant to this section, and who is ‘‘(g) IDENTIFICATION DOCUMENT.— ployment eligibility document, together otherwise eligible for admission in accord- ‘‘(1) IN GENERAL.—Each alien authorized to with a copy of a petition for extension of ance with paragraphs (1) and (2), shall not be be admitted under section 101(a)(15)(H)(ii)(a) stay or change in the alien’s authorized em- deemed inadmissible by virtue of section shall be provided an identification and em- ployment that complies with the require- 212(a)(9)(B). If an alien described in the pre- ployment eligibility document to verify eli- ments of paragraph (1), shall constitute a ceding sentence is present in the United gibility for employment in the United States valid work authorization document for a pe- States, the alien may apply from abroad for and verify the alien’s identity. riod of not more than 60 days beginning on H–2A status, but may not be granted that ‘‘(2) REQUIREMENTS.—No identification and the date on which such petition is filed, after status in the United States. employment eligibility document may be which time only a currently valid identifica- ‘‘(B) MAINTENANCE OF WAIVER.—An alien issued which does not meet the following re- tion and employment eligibility document provided an initial waiver of ineligibility quirements: shall be acceptable. pursuant to subparagraph (A) shall remain ‘‘(A) The document shall be capable of reli- ‘‘(5) LIMITATION ON AN INDIVIDUAL’S STAY IN eligible for such waiver unless the alien vio- ably determining whether— STATUS.—

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‘‘(A) MAXIMUM PERIOD.—The maximum status to that of an alien lawfully admitted the Secretary of Labor determines to be ap- continuous period of authorized status as an for permanent residence. propriate; H–2A worker (including any extensions) is 3 ‘‘(6) CONSTRUCTION.—Nothing in this sub- ‘‘(ii) the Secretary of Labor may seek ap- years. section shall be construed to prevent an eli- propriate legal or equitable relief to effec- ‘‘(B) REQUIREMENT TO REMAIN OUTSIDE THE gible alien from seeking adjustment of sta- tuate the purposes of subsection (d)(1); and UNITED STATES.— tus in accordance with any other provision ‘‘(iii) the Secretary may disqualify the em- ‘‘(i) IN GENERAL.—Subject to clause (ii), in of law. ployer from the employment of H–2A work- the case of an alien outside the United ‘‘SEC. 218C. WORKER PROTECTIONS AND LABOR ers for a period of 2 years. States whose period of authorized status as STANDARDS ENFORCEMENT. ‘‘(E) DISPLACEMENT OF UNITED STATES an H–2A worker (including any extensions) ‘‘(a) ENFORCEMENT AUTHORITY.— WORKERS.—If the Secretary of Labor finds, has expired, the alien may not again apply ‘‘(1) INVESTIGATION OF COMPLAINTS.— after notice and opportunity for hearing, a for admission to the United States as an H– ‘‘(A) AGGRIEVED PERSON OR THIRD-PARTY willful failure to meet a condition of section 2A worker unless the alien has remained out- COMPLAINTS.—The Secretary of Labor shall 218(b) or a willful misrepresentation of a ma- side the United States for a continuous pe- establish a process for the receipt, investiga- terial fact in an application under section riod equal to at least 1⁄5 the duration of the tion, and disposition of complaints respect- 218(a), in the course of which failure or mis- alien’s previous period of authorized status ing a petitioner’s failure to meet a condition representation the employer displaced a as an H–2A worker (including any exten- specified in section 218(b), or an employer’s United States worker employed by the em- sions). misrepresentation of material facts in an ap- ployer during the period of employment on ‘‘(ii) EXCEPTION.—Clause (i) shall not apply plication under section 218(a). Complaints the employer’s application under section in the case of an alien if the alien’s period of may be filed by any aggrieved person or or- 218(a) or during the period of 30 days pre- authorized status as an H–2A worker (includ- ganization (including bargaining representa- ceding such period of employment— ing any extensions) was for a period of not tives). No investigation or hearing shall be ‘‘(i) the Secretary of Labor shall notify the more than 10 months and such alien has been conducted on a complaint concerning such a Secretary of such finding and may, in addi- outside the United States for at least 2 failure or misrepresentation unless the com- tion, impose such other administrative rem- months during the 12 months preceding the plaint was filed not later than 12 months edies (including civil money penalties in an date the alien again is applying for admis- after the date of the failure, or misrepresen- amount not to exceed $15,000 per violation) sion to the United States as an H–2A worker. tation, respectively. The Secretary of Labor as the Secretary of Labor determines to be ‘‘(i) SPECIAL RULES FOR ALIENS EMPLOYED shall conduct an investigation under this appropriate; and AS SHEEPHERDERS, GOAT HERDERS, OR DAIRY subparagraph if there is reasonable cause to ‘‘(ii) the Secretary may disqualify the em- WORKERS.—Notwithstanding any provision of believe that such a failure or misrepresenta- ployer from the employment of H–2A work- the Agricultural Job Opportunities, Benefits, tion has occurred. ers for a period of 3 years. and Security Act of 2007, an alien admitted ‘‘(B) DETERMINATION ON COMPLAINT.—Under ‘‘(F) LIMITATIONS ON CIVIL MONEY PEN- under section 101(a)(15)(H)(ii)(a) for employ- such process, the Secretary of Labor shall ALTIES.—The Secretary of Labor shall not ment as a sheepherder, goat herder, or dairy provide, within 30 days after the date such a impose total civil money penalties with re- worker— complaint is filed, for a determination as to spect to an application under section 218(a) ‘‘(1) may be admitted for an initial period whether or not a reasonable basis exists to in excess of $90,000. of 12 months; make a finding described in subparagraph ‘‘(G) FAILURES TO PAY WAGES OR REQUIRED ‘‘(2) subject to subsection (j)(5), may have (C), (D), (E), or (G). If the Secretary of Labor BENEFITS.—If the Secretary of Labor finds, such initial period of admission extended for determines that such a reasonable basis ex- after notice and opportunity for a hearing, a period of up to 3 years; and ists, the Secretary of Labor shall provide for that the employer has failed to pay the ‘‘(3) shall not be subject to the require- notice of such determination to the inter- wages, or provide the housing allowance, ments of subsection (h)(5) (relating to peri- ested parties and an opportunity for a hear- transportation, subsistence reimbursement, ods of absence from the United States). ing on the complaint, in accordance with or guarantee of employment, required under ‘‘(j) ADJUSTMENT TO LAWFUL PERMANENT section 556 of title 5, United States Code, section 218A(b), the Secretary of Labor shall RESIDENT STATUS FOR ALIENS EMPLOYED AS within 60 days after the date of the deter- assess payment of back wages, or other re- SHEEPHERDERS, GOAT HERDERS, OR DAIRY mination. If such a hearing is requested, the quired benefits, due any United States work- WORKERS.— Secretary of Labor shall make a finding con- er or H–2A worker employed by the employer ‘‘(1) ELIGIBLE ALIEN.—For purposes of this cerning the matter not later than 60 days in the specific employment in question. The subsection, the term ‘eligible alien’ means after the date of the hearing. In the case of back wages or other required benefits under an alien— similar complaints respecting the same ap- section 218A(b) shall be equal to the dif- ‘‘(A) having nonimmigrant status under plicant, the Secretary of Labor may consoli- ference between the amount that should section 101(a)(15)(H)(ii)(a) based on employ- date the hearings under this subparagraph have been paid and the amount that actually ment as a sheepherder, goat herder, or dairy on such complaints. was paid to such worker. worker; ‘‘(C) FAILURES TO MEET CONDITIONS.—If the ‘‘(2) STATUTORY CONSTRUCTION.—Nothing in ‘‘(B) who has maintained such non- Secretary of Labor finds, after notice and op- this section shall be construed as limiting immigrant status in the United States for a portunity for a hearing, a failure to meet a the authority of the Secretary of Labor to cumulative total of 36 months (excluding any condition of paragraph (1)(A), (1)(B), (1)(D), conduct any compliance investigation under period of absence from the United States); (1)(F), (2)(A), (2)(B), or (2)(G) of section any other labor law, including any law af- and 218(b), a substantial failure to meet a condi- fecting migrant and seasonal agricultural ‘‘(C) who is seeking to receive an immi- tion of paragraph (1)(C), (1)(E), (2)(C), (2)(D), workers, or, in the absence of a complaint grant visa under section 203(b)(3)(A)(iii). (2)(E), or (2)(H) of section 218(b), or a mate- under this section, under section 218 or 218A. ‘‘(2) CLASSIFICATION PETITION.—In the case rial misrepresentation of fact in an applica- ‘‘(b) RIGHTS ENFORCEABLE BY PRIVATE of an eligible alien, the petition under sec- tion under section 218(a)— RIGHT OF ACTION.—H–2A workers may en- tion 204 for classification under section ‘‘(i) the Secretary of Labor shall notify the force the following rights through the pri- 203(b)(3)(A)(iii) may be filed by— Secretary of such finding and may, in addi- vate right of action provided in subsection ‘‘(A) the alien’s employer on behalf of the tion, impose such other administrative rem- (c), and no other right of action shall exist eligible alien; or edies (including civil money penalties in an under Federal or State law to enforce such ‘‘(B) the eligible alien. amount not to exceed $1,000 per violation) as rights: ‘‘(3) NO LABOR CERTIFICATION REQUIRED.— the Secretary of Labor determines to be ap- ‘‘(1) The providing of housing or a housing Notwithstanding section 203(b)(3)(C), no de- propriate; and allowance as required under section termination under section 212(a)(5)(A) is re- ‘‘(ii) the Secretary may disqualify the em- 218A(b)(1). quired with respect to an immigrant visa de- ployer from the employment of aliens de- ‘‘(2) The reimbursement of transportation scribed in paragraph (1)(C) for an eligible scribed in section 101(a)(15)(H)(ii)(a) for a pe- as required under section 218A(b)(2). alien. riod of 1 year. ‘‘(3) The payment of wages required under ‘‘(4) EFFECT OF PETITION.—The filing of a ‘‘(D) WILLFUL FAILURES AND WILLFUL MIS- section 218A(b)(3) when due. petition described in paragraph (2) or an ap- REPRESENTATIONS.—If the Secretary of Labor ‘‘(4) The benefits and material terms and plication for adjustment of status based on finds, after notice and opportunity for hear- conditions of employment expressly provided the approval of such a petition shall not con- ing, a willful failure to meet a condition of in the job offer described in section 218(a)(2), stitute evidence of an alien’s ineligibility for section 218(b), a willful misrepresentation of not including the assurance to comply with nonimmigrant status under section a material fact in an application under sec- other Federal, State, and local labor laws de- 101(a)(15)(H)(ii)(a). tion 218(a), or a violation of subsection scribed in section 218A(c), compliance with ‘‘(5) EXTENSION OF STAY.—The Secretary (d)(1)— which shall be governed by the provisions of shall extend the stay of an eligible alien hav- ‘‘(i) the Secretary of Labor shall notify the such laws. ing a pending or approved classification peti- Secretary of such finding and may, in addi- ‘‘(5) The guarantee of employment required tion described in paragraph (2) in 1-year in- tion, impose such other administrative rem- under section 218A(b)(4). crements until a final determination is made edies (including civil money penalties in an ‘‘(6) The motor vehicle safety requirements on the alien’s eligibility for adjustment of amount not to exceed $5,000 per violation) as under section 218A(b)(5).

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S372 CONGRESSIONAL RECORD — SENATE January 10, 2007 ‘‘(7) The prohibition of discrimination may not be construed to prohibit agreements employee cooperates or seeks to cooperate in under subsection (d)(2). to settle private disputes or litigation. an investigation or other proceeding con- ‘‘(c) PRIVATE RIGHT OF ACTION.— ‘‘(6) AWARD OF DAMAGES OR OTHER EQUI- cerning the employer’s compliance with the ‘‘(1) MEDIATION.—Upon the filing of a com- TABLE RELIEF.— requirements of section 218 or 218A or any plaint by an H–2A worker aggrieved by a vio- ‘‘(A) If the court finds that the respondent rule or regulation pertaining to either of lation of rights enforceable under subsection has intentionally violated any of the rights such sections. (b), and within 60 days of the filing of proof enforceable under subsection (b), it shall ‘‘(2) DISCRIMINATION AGAINST H–2A WORK- of service of the complaint, a party to the award actual damages, if any, or equitable ERS.—It is a violation of this subsection for action may file a request with the Federal relief. any person who has filed an application Mediation and Conciliation Service to assist ‘‘(B) Any civil action brought under this under section 218(a), to intimidate, threaten, the parties in reaching a satisfactory resolu- section shall be subject to appeal as provided restrain, coerce, blacklist, discharge, or in tion of all issues involving all parties to the in chapter 83 of title 28, United States Code. any manner discriminate against an H–2A dispute. Upon a filing of such request and ‘‘(7) WORKERS’ COMPENSATION BENEFITS; EX- employee because such worker has, with just giving of notice to the parties, the parties CLUSIVE REMEDY.— cause, filed a complaint with the Secretary shall attempt mediation within the period ‘‘(A) Notwithstanding any other provision of Labor regarding a denial of the rights enu- of this section, where a State’s workers’ merated and enforceable under subsection (b) specified in subparagraph (B). compensation law is applicable and coverage or instituted, or caused to be instituted, a ‘‘(A) MEDIATION SERVICES.—The Federal is provided for an H–2A worker, the workers’ private right of action under subsection (c) Mediation and Conciliation Service shall be compensation benefits shall be the exclusive regarding the denial of the rights enumer- available to assist in resolving disputes aris- remedy for the loss of such worker under ated under subsection (b), or has testified or ing under subsection (b) between H–2A work- this section in the case of bodily injury or is about to testify in any court proceeding ers and agricultural employers without death in accordance with such State’s work- brought under subsection (c). charge to the parties. ers’ compensation law. ‘‘(e) AUTHORIZATION TO SEEK OTHER APPRO- ‘‘(B) 90-DAY LIMIT.—The Federal Mediation ‘‘(B) The exclusive remedy prescribed in PRIATE EMPLOYMENT.—The Secretary of and Conciliation Service may conduct medi- subparagraph (A) precludes the recovery Labor and the Secretary shall establish a ation or other nonbinding dispute resolution under paragraph (6) of actual damages for process under which an H–2A worker who activities for a period not to exceed 90 days loss from an injury or death but does not files a complaint regarding a violation of beginning on the date on which the Federal preclude other equitable relief, except that subsection (d) and is otherwise eligible to re- Mediation and Conciliation Service receives such relief shall not include back or front main and work in the United States may be the request for assistance unless the parties pay or in any manner, directly or indirectly, allowed to seek other appropriate employ- agree to an extension of this period of time. expand or otherwise alter or affect— ment in the United States for a period not to ‘‘(C) AUTHORIZATION.— ‘‘(i) a recovery under a State workers’ exceed the maximum period of stay author- ‘‘(i) IN GENERAL.—Subject to clause (ii), compensation law; or ized for such nonimmigrant classification. there are authorized to be appropriated to ‘‘(ii) rights conferred under a State work- ‘‘(f) ROLE OF ASSOCIATIONS.— the Federal Mediation and Conciliation ers’ compensation law. ‘‘(1) VIOLATION BY A MEMBER OF AN ASSOCIA- Service $500,000 for each fiscal year to carry ‘‘(8) TOLLING OF STATUTE OF LIMITATIONS.— TION.—An employer on whose behalf an ap- out this section. If it is determined under a State workers’ plication is filed by an association acting as ‘‘(ii) MEDIATION.—Notwithstanding any compensation law that the workers’ com- its agent is fully responsible for such appli- other provision of law, the Director of the pensation law is not applicable to a claim for cation, and for complying with the terms Federal Mediation and Conciliation Service bodily injury or death of an H–2A worker, and conditions of sections 218 and 218A, as is authorized to conduct the mediation or the statute of limitations for bringing an ac- though the employer had filed the applica- other dispute resolution activities from any tion for actual damages for such injury or tion itself. If such an employer is deter- other appropriated funds available to the Di- death under subsection (c) shall be tolled for mined, under this section, to have com- rector and to reimburse such appropriated the period during which the claim for such mitted a violation, the penalty for such vio- funds when the funds are appropriated pursu- injury or death under such State workers’ lation shall apply only to that member of ant to this authorization, such reimburse- compensation law was pending. The statute the association unless the Secretary of ment to be credited to appropriations cur- of limitations for an action for actual dam- Labor determines that the association or rently available at the time of receipt. ages or other equitable relief arising out of other member participated in, had knowl- ‘‘(2) MAINTENANCE OF CIVIL ACTION IN DIS- the same transaction or occurrence as the edge, or reason to know, of the violation, in TRICT COURT BY AGGRIEVED PERSON.—An H–2A injury or death of the H–2A worker shall be which case the penalty shall be invoked worker aggrieved by a violation of rights en- tolled for the period during which the claim against the association or other association forceable under subsection (b) by an agricul- for such injury or death was pending under member as well. tural employer or other person may file suit the State workers’ compensation law. ‘‘(2) VIOLATIONS BY AN ASSOCIATION ACTING in any district court of the United States ‘‘(9) PRECLUSIVE EFFECT.—Any settlement AS AN EMPLOYER.—If an association filing an having jurisdiction over the parties, without by an H–2A worker and an H–2A employer or application as a sole or joint employer is de- regard to the amount in controversy, with- any person reached through the mediation termined to have committed a violation out regard to the citizenship of the parties, process required under subsection (c)(1) shall under this section, the penalty for such vio- and without regard to the exhaustion of any preclude any right of action arising out of lation shall apply only to the association un- alternative administrative remedies under the same facts between the parties in any less the Secretary of Labor determines that this Act, not later than 3 years after the date Federal or State court or administrative pro- an association member or members partici- the violation occurs. ceeding, unless specifically provided other- pated in or had knowledge, or reason to ‘‘(3) ELECTION.—An H–2A worker who has wise in the settlement agreement. know of the violation, in which case the pen- filed an administrative complaint with the ‘‘(10) SETTLEMENTS.—Any settlement by alty shall be invoked against the association Secretary of Labor may not maintain a civil the Secretary of Labor with an H–2A em- member or members as well. action under paragraph (2) unless a com- ployer on behalf of an H–2A worker of a com- ‘‘SEC. 218D. DEFINITIONS. plaint based on the same violation filed with plaint filed with the Secretary of Labor ‘‘For purposes of this section and section the Secretary of Labor under subsection under this section or any finding by the Sec- 218, 218A, 218B, and 218C: (a)(1) is withdrawn before the filing of such retary of Labor under subsection (a)(1)(B) ‘‘(1) AGRICULTURAL EMPLOYMENT.—The action, in which case the rights and remedies shall preclude any right of action arising out term ‘agricultural employment’ means any available under this subsection shall be ex- of the same facts between the parties under service or activity that is considered to be clusive. any Federal or State court or administrative agricultural under section 3(f) of the Fair ‘‘(4) PREEMPTION OF STATE CONTRACT proceeding, unless specifically provided oth- Labor Standards Act of 1938 (29 U.S.C. 203(f)) RIGHTS.—Nothing in this Act shall be con- erwise in the settlement agreement. or agricultural labor under section 3121(g) of strued to diminish the rights and remedies of ‘‘(d) DISCRIMINATION PROHIBITED.— the Internal Revenue Code of 1986 or the per- an H–2A worker under any other Federal or ‘‘(1) IN GENERAL.—It is a violation of this formance of agricultural labor or services de- State law or regulation or under any collec- subsection for any person who has filed an scribed in section 101(a)(15)(H)(ii)(a). tive bargaining agreement, except that no application under section 218(a), to intimi- ‘‘(2) BONA FIDE UNION.—The term ‘bona fide court or administrative action shall be avail- date, threaten, restrain, coerce, blacklist, union’ means any organization in which em- able under any State contract law to enforce discharge, or in any other manner discrimi- ployees participate and which exists for the the rights created by this Act. nate against an employee (which term, for purpose of dealing with employers con- ‘‘(5) WAIVER OF RIGHTS PROHIBITED.—Agree- purposes of this subsection, includes a cerning grievances, labor disputes, wages, ments by employees purporting to waive or former employee and an applicant for em- rates of pay, hours of employment, or other modify their rights under this Act shall be ployment) because the employee has dis- terms and conditions of work for agricul- void as contrary to public policy, except that closed information to the employer, or to tural employees. Such term does not include a waiver or modification of the rights or ob- any other person, that the employee reason- an organization formed, created, adminis- ligations in favor of the Secretary of Labor ably believes evidences a violation of section tered, supported, dominated, financed, or shall be valid for purposes of the enforce- 218 or 218A or any rule or regulation per- controlled by an employer or employer asso- ment of this Act. The preceding sentence taining to section 218 or 218A, or because the ciation or its agents or representatives.

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‘‘(3) DISPLACE.—The term ‘displace’, in the (b) TABLE OF CONTENTS.—The table of con- ties of the Secretary, the Secretary of State, case of an application with respect to 1 or tents of the Immigration and Nationality and the Secretary of Labor created under more H–2A workers by an employer, means Act (8 U.S.C. 1101 et seq.) is amended by sections 218, 218A, 218B, 218C, and 218D of the laying off a United States worker from a job striking the item relating to section 218 and Immigration and Nationality Act, as amend- for which the H–2A worker or workers is or inserting the following: ed or added by section 201 of this Act, shall are sought. ‘‘Sec. 218. H–2A employer applications. take effect on the effective date of section ‘‘(4) ELIGIBLE.—The term ‘eligible’, when ‘‘Sec. 218A. H–2A employment requirements. 201 and shall be issued not later than 1 year used with respect to an individual, means an ‘‘Sec. 218B. Procedure for admission and ex- after the date of enactment of this Act. individual who is not an unauthorized alien tension of stay of H–2A work- SEC. 303. REPORTS TO CONGRESS. (as defined in section 274A). ers. (a) ANNUAL REPORT.—Not later than Sep- ‘‘(5) EMPLOYER.—The term ‘employer’ ‘‘Sec. 218C. Worker protections and labor tember 30 of each year, the Secretary shall means any person or entity, including any standards enforcement. submit a report to Congress that identifies, ‘‘Sec. 218D. Definitions.’’. farm labor contractor and any agricultural for the previous year— association, that employs workers in agri- TITLE III—MISCELLANEOUS PROVISIONS (1) the number of job opportunities ap- cultural employment. SEC. 301. DETERMINATION AND USE OF USER proved for employment of aliens admitted ‘‘(6) H–2A EMPLOYER.—The term ‘H–2A em- FEES. under section 101(a)(15)(H)(ii)(a) of the Immi- ployer’ means an employer who seeks to hire (a) SCHEDULE OF FEES.—The Secretary gration and Nationality Act (8 U.S.C. 1 or more nonimmigrant aliens described in shall establish and periodically adjust a 1101(a)(15)(H)(ii)(a)), and the number of work- section 101(a)(15)(H)(ii)(a). schedule of fees for the employment of aliens ers actually admitted, disaggregated by pursuant to the amendment made by section ‘‘(7) H–2A WORKER.—The term ‘H–2A work- State and by occupation; er’ means a nonimmigrant described in sec- 201(a) of this Act and a collection process for (2) the number of such aliens reported to tion 101(a)(15)(H)(ii)(a). such fees from employers. Such fees shall be have abandoned employment pursuant to the only fees chargeable to employers for ‘‘(8) JOB OPPORTUNITY.—The term ‘job op- subsection 218B(e)(2) of such Act; portunity’ means a job opening for tem- services provided under such amendment. (3) the number of such aliens who departed (b) DETERMINATION OF SCHEDULE.— porary or seasonal full-time employment at the United States within the period specified (1) IN GENERAL.—The schedule under sub- a place in the United States to which United in subsection 218B(d) of such Act; section (a) shall reflect a fee rate based on States workers can be referred. (4) the number of aliens who applied for ad- the number of job opportunities indicated in ‘‘(9) LAYING OFF.— justment of status pursuant to section 101(a); the employer’s application under section 218 ‘‘(A) IN GENERAL.—The term ‘laying off’, (5) the number of such aliens whose status of the Immigration and Nationality Act, as with respect to a worker— was adjusted under section 101(a); amended by section 201 of this Act, and suffi- ‘‘(i) means to cause the worker’s loss of (6) the number of aliens who applied for cient to provide for the direct costs of pro- employment, other than through a discharge permanent residence pursuant to section viding services related to an employer’s au- for inadequate performance, violation of 103(c); and thorization to employ aliens pursuant to the workplace rules, cause, voluntary departure, (7) the number of such aliens who were ap- amendment made by section 201(a) of this voluntary retirement, contract impossibility proved for permanent residence pursuant Act, to include the certification of eligible (as described in section 218A(b)(4)(D)), or section 103(c). employers, the issuance of documentation, temporary suspension of employment due to (b) IMPLEMENTATION REPORT.—Not later and the admission of eligible aliens. than 180 days after the date of the enactment weather, markets, or other temporary condi- (2) PROCEDURE.— of this Act, the Secretary shall prepare and tions; but (A) IN GENERAL.—In establishing and ad- submit to Congress a report that describes ‘‘(ii) does not include any situation in justing such a schedule, the Secretary shall the measures being taken and the progress which the worker is offered, as an alter- comply with Federal cost accounting and fee made in implementing this Act. native to such loss of employment, a similar setting standards. employment opportunity with the same em- SEC. 304. EFFECTIVE DATE. (B) PUBLICATION AND COMMENT.—The Sec- Except as otherwise provided, sections 201 ployer (or, in the case of a placement of a retary shall publish in the Federal Register and 301 shall take effect 1 year after the date worker with another employer under section an initial fee schedule and associated collec- of the enactment of this Act. 218(b)(2)(E), with either employer described tion process and the cost data or estimates in such section) at equivalent or higher com- Mr. KENNEDY. Mr. President, It’s a upon which such fee schedule is based, and pensation and benefits than the position privilege to join Senator FEINSTEIN and any subsequent amendments thereto, pursu- from which the employee was discharged, re- ant to which public comment shall be sought Senator CRAIG and my other colleagues gardless of whether or not the employee ac- and a final rule issued. today as we reintroduce the Agricul- cepts the offer. (c) USE OF PROCEEDS.—Notwithstanding tural Jobs, Opportunity, Benefits, and ‘‘(B) STATUTORY CONSTRUCTION.—Nothing any other provision of law, all proceeds re- Security Act. I commend them and in this paragraph is intended to limit an em- sulting from the payment of the fees pursu- Representatives HOWARD BERMAN and ployee’s rights under a collective bargaining ant to the amendment made by section 201(a) agreement or other employment contract. CHRIS CANNON for their bipartisan lead- of this Act shall be available without further ership and I’m honored to be part of ‘‘(10) REGULATORY DROUGHT.—The term appropriation and shall remain available ‘regulatory drought’ means a decision subse- without fiscal year limitation to reimburse this landmark legislation. quent to the filing of the application under the Secretary, the Secretary of State, and The bill reflects a far-reaching and section 218 by an entity not under the con- the Secretary of Labor for the costs of car- welcome agreement between the trol of the employer making such filing rying out sections 218 and 218B of the Immi- United Farm Workers and the agricul- which restricts the employer’s access to gration and Nationality Act, as amended and tural industry on one of the most dif- water for irrigation purposes and reduces or added, respectively, by section 201 of this ficult immigration’ challenges we face, limits the employer’s ability to produce an Act, and the provisions of this Act. and we in Congress should make the agricultural commodity, thereby reducing SEC. 302. REGULATIONS. the need for labor. most of this unique opportunity for (a) REQUIREMENT FOR THE SECRETARY TO progress. ‘‘(11) SEASONAL.—Labor is performed on a CONSULT.—The Secretary shall consult with ‘seasonal’ basis if— the Secretary of Labor and the Secretary of America has a proud tradition as a ‘‘(A) ordinarily, it pertains to or is of the Agriculture during the promulgation of all Nation of immigrants and a Nation of kind exclusively performed at certain sea- regulations to implement the duties of the laws. But our current immigration sons or periods of the year; and Secretary under this Act and the amend- laws fail us on both counts. Much of ‘‘(B) from its nature, it may not be contin- ments made by this Act. the Nation’s economy today depends on uous or carried on throughout the year. (b) REQUIREMENT FOR THE SECRETARY OF the hard work and the many contribu- ‘‘(12) SECRETARY.—Except as otherwise pro- STATE TO CONSULT.—The Secretary of State vided, the term ‘Secretary’ means the Sec- tions of immigrants. The agricultural shall consult with the Secretary, the Sec- industry would grind to a halt without retary of Homeland Security. retary of Labor, and the Secretary of Agri- ‘‘(13) TEMPORARY.—A worker is employed culture on all regulations to implement the immigrant farm workers. Yet, the on a ‘temporary’ basis where the employ- duties of the Secretary of State under this overwhelming majority of these work- ment is intended not to exceed 10 months. Act and the amendments made by this Act. ers lack legal status, and can be easily ‘‘(14) UNITED STATES WORKER.—The term (c) REQUIREMENT FOR THE SECRETARY OF exploited by unscrupulous employers. ‘United States worker’ means any worker, LABOR TO CONSULT.—The Secretary of Labor The legislation we are introducing, whether a national of the United States, an shall consult with the Secretary of Agri- called the ‘‘AgJOBS Act,’’ is an oppor- alien lawfully admitted for permanent resi- culture and the Secretary on all regulations tunity to correct these long-festering dence, or any other alien, who is authorized to implement the duties of the Secretary of problems. It will give farm workers and to work in the job opportunity within the Labor under this Act and the amendments United States, except an alien admitted or made by this Act. their families the dignity and justice otherwise provided status under section (d) DEADLINE FOR ISSUANCE OF REGULA- they deserve, and it will give agricul- 101(a)(15)(H)(ii)(a).’’. TIONS.—All regulations to implement the du- tural employers a legal workforce.

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S374 CONGRESSIONAL RECORD — SENATE January 10, 2007 It is a realistic compromise that now legal avenues for farm workers and Thieves open credit cards and charge has broad support in Congress, and their families. Future temporary work- them to the max. Often, the victim from business and labor, civic and ers will be carefully screened to meet does not even realize what has hap- faith-based organizations, liberals and security concerns. Enforcement re- pened until they are denied credit in conservatives, trade associations and sources will be more effectively focused the future because of the unpaid debt immigrant rights groups. on the highest risks. By bringing un- on the fraudulent credit cards. The Act is a needed reform in our im- documented farm workers out of the Thieves open bank accounts in the migration law to reflect current eco- shadows and requiring them to pass victim’s name and write bad checks. nomic realities and meet our national through security checks, it will enable Thieves get driver’s licenses or iden- security needs more effectively, and do officials to concentrate more effec- tification cards, and even apply for so in a way that respects America’s im- tively on terrorists and criminals. government benefits in the victim’s migrant heritage. It provides a fair and Last year, Senators came together— name. reasonable means for illegal agricul- Democrats and Republicans—to pass a Identity theft is serious. A person tural workers to earn legal status, and far-reaching immigration reform bill whose identity is stolen can lose thou- it also reforms the current visa pro- that included the AgJOBS bill. The sands of dollars and take months or gram, so that employers unable to ob- American people are calling on us to even years to regain their good name tain American workers can hire needed come together again. They know there and credit. foreign workers. is a crisis, and they want action now. The damage, loss, and stress of iden- The AgJOBS Act is good for both President Bush has been a leader on tity theft are considerable. labor and business. The Nation can no immigration reform, and I’m hopeful Victims may lose job opportunities, longer ignore the fact that more than that he will renew his efforts with or be denied loans for education, hous- half of our agricultural workers are un- members of his party, so that we can ing, or cars because of negative infor- documented. Growers need an imme- continue action quickly this year on mation on their credit reports. They diate, reliable and legal workforce at comprehensive reform legislation and may even be arrested for crimes they harvest time. Farm workers need legal end this festering crisis once and for did not commit. statues to improve their wages and all. The House of Representatives is The ease with which social security working conditions. Everyone suffers now ready to be a genuine partner in numbers can be accessed is distressing, this effort. when crops rot in the fields because of but also, unnecessary. By heritage and history, America is a the lack of an adequate labor force. The Social Security Number Misuse Nation of immigrants. Our legislation The AgJOBS Act provides a fair and Prevention Act would require govern- reasonable process for undocumented proposes necessary changes in the law while preserving this tradition. This ment agencies and businesses to do agricultural workers to earn legal sta- more to protect Americans’ social se- tus. Undocumented farm workers are bill will ensure that immigrant farm workers can live the American dream curity numbers. The bill would: stop clearly vulnerable to abuse by unscru- the sale or display of a person’s social pulous labor contractors and growers. and contribute to our prosperity, our security, and our values, and I hope security number without his or her ex- Their illegal status deprives them of press consent; prevent Federal, State bargaining power and depresses the very much that it can be enacted as soon as possible in this new Congress. and local governments from displaying wages of all farm workers. Our bill pro- social security numbers on public vides fair solutions for undocumented By Mrs. FEINSTEIN (for herself, records posted on the Internet; end the workers who have been toiling in our Mr. GREGG, Mr. SUNUNU, Mr. printing of social security numbers on fields and harvesting our fruits and NELSON of Florida, and Mr. government checks; prohibit the em- vegetables. LEAHY): ploying of inmates for tasks that give This bill is not an amnesty. To earn S. 238. A bill to amend title 18, them access to the social security the right to remain in this country, United States Code, to limit the misuse numbers of other individuals; limit the workers would not only have to dem- of Social Security numbers, to estab- circumstances in which businesses onstrate past work contributions to lish criminal penalties for such misuse, could ask a customer for his or her so- the U.S. economy, but also make a sub- and for other purposes; to the Com- cial security number; commission a stantial future work commitment. mittee on the Judiciary. study of the current uses of social secu- These workers will be able to come for- Mrs. FEINSTEIN. Mr. President, I rity numbers and the impact on pri- ward, identify themselves, provide evi- rise to introduce legislation to protect vacy and data security; and institute dence that they have been employed in one of Americans’ most valuable but criminal and civil penalties for misuse agriculture and will continue to work vulnerable assets: social security num- of social security numbers. hard, and will play by the rules in the bers. This legislation is simple and nec- future. The bill I propose is identical to leg- essary to stop the growing epidemic of This legislation will modify the cur- islation that I introduced last year. identity theft that has been plaguing rent temporary foreign agricultural This is the fifth Congress in which I America and its citizens. worker program, while preserving and have proposed legislation to protect so- As we move further into the informa- enhancing key labor protections. It cial security numbers. I stand before tion age and rely more on information achieves a fair balance. It streamlines you again today because I believe that sharing, this problem will only get the H–2A visa application process by this issue is too important to ignore. worse, unless we take action. I urge my reducing paperwork for employers and We all know that once a person’s so- colleagues to support the Social Secu- accelerating processing. But individ- cial security number is compromised, rity Number Misuse Prevention Act. uals participating in the program re- the path to identity theft is a short I ask unanimous consent that the ceive strong labor protections. one. The Federal Trade Commission es- text of the bill be printed in the Our legislation will unify families. timates that as many as 10 million RECORD. When temporary residence is granted a Americans have their identities stolen There being no objection, the text of farm worker’s spouse and minor chil- each year. the bill was ordered to be printed in dren will be able to remain legally in The crime takes many forms. Thieves the RECORD. the U.S. but they will not be author- can obtain social security numbers S. 238 ized to work. When the worker becomes through public records—marriage li- a permanent resident, the spouse and censes, professional licenses, and Be it enacted by the Senate and House of Rep- resentatives of the United States of America in minor children will also gain such sta- countless other public documents— Congress assembled, tus. many of which are available on the SECTION 1. SHORT TITLE; TABLE OF CONTENTS. AgJOBS will also enhance national internet. (a) SHORT TITLE.—This Act may be cited as security and reduce illegal immigra- These stolen social security numbers the ‘‘Social Security Number Misuse Preven- tion. It will reduce the chaotic, illegal, then act like virtual keys, allowing the tion Act’’. and all-too-deadly flows of immigrants thieves to unlock an individual’s iden- (b) TABLE OF CONTENTS.—The table of con- at our borders by providing safe and tity. tents of this Act is as follows:

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Sec. 1. Short title; table of contents. other manner) to the general public an indi- ‘‘(f) LIMITATION.—Nothing in this section Sec. 2. Findings. vidual’s Social Security number. shall prohibit or limit the display, sale, or Sec. 3. Prohibition of the display, sale, or ‘‘(2) PERSON.—The term ‘person’ means any purchase of Social Security numbers as per- purchase of Social Security individual, partnership, corporation, trust, mitted under title V of the Gramm-Leach- numbers. estate, cooperative, association, or any other Bliley Act, or for the purpose of affiliate Sec. 4. Application of prohibition of the dis- entity. sharing as permitted under the Fair Credit play, sale, or purchase of Social ‘‘(3) PURCHASE.—The term ‘purchase’ Reporting Act, except that no entity regu- Security numbers to public means providing directly or indirectly, any- lated under such Acts may make Social Se- records. thing of value in exchange for a Social Secu- curity numbers available to the general pub- Sec. 5. Rulemaking authority of the Attor- rity number. lic, as may be determined by the appropriate ney General. ‘‘(4) SALE.—The term ‘sale’ means obtain- regulators under such Acts. For purposes of Sec. 6. Treatment of Social Security num- ing, directly or indirectly, anything of value this subsection, the general public shall not bers on government documents. in exchange for a Social Security number. include affiliates or unaffiliated third-party Sec. 7. Limits on personal disclosure of a So- ‘‘(5) STATE.—The term ‘State’ means any business entities as may be defined by the cial Security number for con- State of the United States, the District of appropriate regulators.’’. sumer transactions. Columbia, Puerto Rico, the Northern Mar- (2) CONFORMING AMENDMENT.—The chapter Sec. 8. Extension of civil monetary penalties iana Islands, the United States Virgin Is- analysis for chapter 47 of title 18, United for misuse of a Social Security lands, Guam, American Samoa, and any ter- States Code, is amended by inserting after number. ritory or possession of the United States. the item relating to section 1028 the fol- Sec. 9. Criminal penalties for the misuse of ‘‘(b) LIMITATION ON DISPLAY.—Except as lowing: a Social Security number. provided in section 1028C, no person may dis- ‘‘1028B. Prohibition of the display, sale, or Sec. 10. Civil actions and civil penalties. play any individual’s Social Security num- purchase of Social Security Sec. 11. Federal injunctive authority. ber to the general public without the affirm- numbers.’’. SEC. 2. FINDINGS. atively expressed consent of the individual. (b) STUDY; REPORT.— Congress makes the following findings: ‘‘(c) LIMITATION ON SALE OR PURCHASE.— (1) IN GENERAL.—The Attorney General (1) The inappropriate display, sale, or pur- Except as otherwise provided in this section, shall conduct a study and prepare a report on chase of Social Security numbers has con- no person may sell or purchase any individ- all of the uses of Social Security numbers tributed to a growing range of illegal activi- ual’s Social Security number without the af- permitted, required, authorized, or excepted ties, including fraud, identity theft, and, in firmatively expressed consent of the indi- under any Federal law. The report shall in- some cases, stalking and other violent vidual. clude a detailed description of the uses al- crimes. ‘‘(d) PREREQUISITES FOR CONSENT.—In order lowed as of the date of enactment of this (2) While financial institutions, health care for consent to exist under subsection (b) or Act, the impact of such uses on privacy and providers, and other entities have often used (c), the person displaying or seeking to dis- play, selling or attempting to sell, or pur- data security, and shall evaluate whether Social Security numbers to confirm the chasing or attempting to purchase, an indi- such uses should be continued or discon- identity of an individual, the general display vidual’s Social Security number shall— tinued by appropriate legislative action. to the public, sale, or purchase of these num- ‘‘(1) inform the individual of the general (2) REPORT.—Not later than 1 year after bers has been used to commit crimes, and purpose for which the number will be used, the date of enactment of this Act, the Attor- also can result in serious invasions of indi- the types of persons to whom the number ney General shall report to Congress findings vidual privacy. may be available, and the scope of trans- under this subsection. The report shall in- (3) The Federal Government requires vir- actions permitted by the consent; and clude such recommendations for legislation tually every individual in the United States ‘‘(2) obtain the affirmatively expressed based on criteria the Attorney General de- to obtain and maintain a Social Security consent (electronically or in writing) of the termines to be appropriate. number in order to pay taxes, to qualify for individual. (c) EFFECTIVE DATE.—The amendments Social Security benefits, or to seek employ- ‘‘(e) EXCEPTIONS.—Nothing in this section made by this section shall take effect on the ment. An unintended consequence of these shall be construed to prohibit or limit the date that is 30 days after the date on which requirements is that Social Security num- display, sale, or purchase of a Social Secu- the final regulations promulgated under sec- bers have become one of the tools that can rity number— tion 5 are published in the Federal Register. be used to facilitate crime, fraud, and inva- ‘‘(1) required, authorized, or excepted SEC. 4. APPLICATION OF PROHIBITION OF THE sions of the privacy of the individuals to under any Federal law; DISPLAY, SALE, OR PURCHASE OF whom the numbers are assigned. Because the ‘‘(2) for a public health purpose, including SOCIAL SECURITY NUMBERS TO Federal Government created and maintains the protection of the health or safety of an PUBLIC RECORDS. this system, and because the Federal Gov- individual in an emergency situation; (a) PUBLIC RECORDS EXCEPTION.— ernment does not permit individuals to ex- ‘‘(3) for a national security purpose; (1) IN GENERAL.—Chapter 47 of title 18, empt themselves from those requirements, it ‘‘(4) for a law enforcement purpose, includ- United States Code (as amended by section is appropriate for the Federal Government to ing the investigation of fraud and the en- 3(a)(1)), is amended by inserting after section take steps to stem the abuse of Social Secu- forcement of a child support obligation; 1028B the following: rity numbers. ‘‘(5) if the display, sale, or purchase of the ‘‘§ 1028C. Display, sale, or purchase of public (4) The display, sale, or purchase of Social number is for a use occurring as a result of records containing Social Security num- Security numbers in no way facilitates unin- an interaction between businesses, govern- bers hibited, robust, and wide-open public debate, ments, or business and government (regard- ‘‘(a) DEFINITION.—In this section, the term and restrictions on such display, sale, or pur- less of which entity initiates the inter- ‘public record’ means any governmental chase would not affect public debate. action), including, but not limited to— record that is made available to the general (5) No one should seek to profit from the ‘‘(A) the prevention of fraud (including public. display, sale, or purchase of Social Security fraud in protecting an employee’s right to ‘‘(b) IN GENERAL.—Except as provided in numbers in circumstances that create a sub- employment benefits); subsections (c), (d), and (e), section 1028B stantial risk of physical, emotional, or finan- ‘‘(B) the facilitation of credit checks or the shall not apply to a public record. cial harm to the individuals to whom those facilitation of background checks of employ- ‘‘(c) PUBLIC RECORDS ON THE INTERNET OR IN numbers are assigned. ees, prospective employees, or volunteers; AN ELECTRONIC MEDIUM.— (6) Consequently, this Act provides each in- ‘‘(C) the retrieval of other information ‘‘(1) IN GENERAL.—Section 1028B shall apply dividual that has been assigned a Social Se- from other businesses, commercial enter- to any public record first posted onto the curity number some degree of protection prises, government entities, or private non- Internet or provided in an electronic medium from the display, sale, and purchase of that profit organizations; or by, or on behalf of a government entity after number in any circumstance that might fa- ‘‘(D) when the transmission of the number the date of enactment of this section, except cilitate unlawful conduct. is incidental to, and in the course of, the as limited by the Attorney General in ac- SEC. 3. PROHIBITION OF THE DISPLAY, SALE, OR sale, lease, franchising, or merger of all, or a cordance with paragraph (2). PURCHASE OF SOCIAL SECURITY portion of, a business; ‘‘(2) EXCEPTION FOR GOVERNMENT ENTITIES NUMBERS. ‘‘(6) if the transfer of such a number is part ALREADY PLACING PUBLIC RECORDS ON THE (a) PROHIBITION.— of a data matching program involving a Fed- INTERNET OR IN ELECTRONIC FORM.—Not later (1) IN GENERAL.—Chapter 47 of title 18, eral, State, or local agency; or than 60 days after the date of enactment of United States Code, is amended by inserting ‘‘(7) if such number is required to be sub- this section, the Attorney General shall after section 1028A the following: mitted as part of the process for applying for issue regulations regarding the applicability ‘‘§ 1028B. Prohibition of the display, sale, or any type of Federal, State, or local govern- of section 1028B to any record of a category purchase of Social Security numbers ment benefit or program; of public records first posted onto the Inter- ‘‘(a) DEFINITIONS.—In this section: except that, nothing in this subsection shall net or provided in an electronic medium by, ‘‘(1) DISPLAY.—The term ‘display’ means to be construed as permitting a professional or or on behalf of a government entity prior to intentionally communicate or otherwise commercial user to display or sell a Social the date of enactment of this section. The make available (on the Internet or in any Security number to the general public. regulations will determine which individual

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records within categories of records of these (1) STUDY.—The Comptroller General of the (2) FACTORS TO BE CONSIDERED.—In promul- government entities, if any, may continue to United States shall conduct a study and pre- gating the regulations required under para- be posted on the Internet or in electronic pare a report on Social Security numbers in graph (1), the Attorney General shall, at a form after the effective date of this section. public records. In developing the report, the minimum, consider the following: In promulgating these regulations, the At- Comptroller General shall consult with the (A) The benefit to a particular business, to torney General may include in the regula- Administrative Office of the United States customers of the business, and to the general tions a set of procedures for implementing Courts, State and local governments that public of the display, sale, or purchase of an the regulations and shall consider the fol- store, maintain, or disseminate public individual’s Social Security number. lowing: records, and other stakeholders, including (B) The costs that businesses, customers of ‘‘(A) The cost and availability of tech- members of the private sector who routinely businesses, and the general public may incur nology available to a governmental entity to use public records that contain Social Secu- as a result of prohibitions on the display, redact Social Security numbers from public rity numbers. sale, or purchase of Social Security numbers. records first provided in electronic form (2) REPORT.—Not later than 1 year after (C) The risk that a particular business after the effective date of this section. the date of enactment of this Act, the Comp- practice will promote the use of a Social Se- ‘‘(B) The cost or burden to the general pub- troller General of the United States shall curity number to commit fraud, deception, lic, businesses, commercial enterprises, non- submit to Congress a report on the study or crime. profit organizations, and to Federal, State, conducted under paragraph (1). The report (D) The presence of adequate safeguards, and local governments of complying with shall include a detailed description of the ac- procedures, and technologies to prevent— section 1028B with respect to such records. tivities and results of the study and rec- (i) misuse of Social Security numbers by ‘‘(C) The benefit to the general public, ommendations for such legislative action as employees within a business; and businesses, commercial enterprises, non- the Comptroller General considers appro- (ii) misappropriation of Social Security profit organizations, and to Federal, State, priate. The report, at a minimum, shall in- numbers by the general public, while permit- and local governments if the Attorney Gen- clude— ting internal business uses of such numbers. eral were to determine that section 1028B (A) a review of the uses of Social Security (E) The presence of procedures to prevent should apply to such records. numbers in non-federal public records; identity thieves, stalkers, and other individ- Nothing in the regulation shall permit a pub- (B) a review of the manner in which public uals with ill intent from posing as legitimate lic entity to post a category of public records records are stored (with separate reviews for businesses to obtain Social Security num- on the Internet or in electronic form after both paper records and electronic records); bers. the effective date of this section if such cat- (C) a review of the advantages or utility of (F) The impact of such uses on privacy. egory had not been placed on the Internet or public records that contain Social Security SEC. 6. TREATMENT OF SOCIAL SECURITY NUM- in electronic form prior to such effective numbers, including the utility for law en- BERS ON GOVERNMENT DOCU- date. forcement, and for the promotion of home- MENTS. ‘‘(d) HARVESTED SOCIAL SECURITY NUM- land security; (a) PROHIBITION OF USE OF SOCIAL SECURITY BERS.—Section 1028B shall apply to any pub- (D) a review of the disadvantages or draw- ACCOUNT NUMBERS ON CHECKS ISSUED FOR lic record of a government entity which con- backs of public records that contain Social PAYMENT BY GOVERNMENTAL AGENCIES.— tains Social Security numbers extracted Security numbers, including criminal activ- (1) IN GENERAL.—Section 205(c)(2)(C) of the from other public records for the purpose of ity, compromised personal privacy, or Social Security Act (42 U.S.C. 405(c)(2)(C)) is displaying or selling such numbers to the threats to homeland security; amended by adding at the end the following: ‘‘(x) No Federal, State, or local agency general public. (E) the costs and benefits for State and may display the Social Security account ‘‘(e) ATTORNEY GENERAL RULEMAKING ON local governments of removing Social Secu- number of any individual, or any derivative PAPER RECORDS.— rity numbers from public records, including of such number, on any check issued for any ‘‘(1) IN GENERAL.—Not later than 60 days a review of current technologies and proce- after the date of enactment of this section, payment by the Federal, State, or local dures for removing Social Security numbers the Attorney General shall determine the agency.’’. from public records; and feasibility and advisability of applying sec- (2) EFFECTIVE DATE.—The amendment (F) an assessment of the benefits and costs tion 1028B to the records listed in paragraph made by this subsection shall apply with re- to businesses, their customers, and the gen- (2) when they appear on paper or on another spect to violations of section 205(c)(2)(C)(x) eral public of prohibiting the display of So- nonelectronic medium. If the Attorney Gen- of the Social Security Act (42 U.S.C. cial Security numbers on public records eral deems it appropriate, the Attorney Gen- 405(c)(2)(C)(x)), as added by paragraph (1), oc- (with separate assessments for both paper eral may issue regulations applying section curring after the date that is 3 years after records and electronic records). 1028B to such records. the date of enactment of this Act. (c) EFFECTIVE DATE.—The prohibition with (b) PROHIBITION OF INMATE ACCESS TO SO- ‘‘(2) LIST OF PAPER AND OTHER NONELEC- respect to electronic versions of new classes CIAL SECURITY ACCOUNT NUMBERS.— TRONIC RECORDS.—The records listed in this of public records under section 1028C(b) of (1) IN GENERAL.—Section 205(c)(2)(C) of the paragraph are as follows: title 18, United States Code (as added by sub- Social Security Act (42 U.S.C. 405(c)(2)(C)) ‘‘(A) Professional or occupational licenses. section (a)(1)) shall not take effect until the (as amended by subsection (b)) is amended by ‘‘(B) Marriage licenses. date that is 60 days after the date of enact- adding at the end the following: ‘‘(C) Birth certificates. ment of this Act. ‘‘(D) Death certificates. ‘‘(xi) No Federal, State, or local agency SEC. 5. RULEMAKING AUTHORITY OF THE ATTOR- may employ, or enter into a contract for the ‘‘(E) Other short public documents that NEY GENERAL. display a Social Security number in a rou- use or employment of, prisoners in any ca- (a) IN GENERAL.—Except as provided in pacity that would allow such prisoners ac- tine and consistent manner on the face of subsection (b), the Attorney General may the document. cess to the Social Security account numbers prescribe such rules and regulations as the of other individuals. For purposes of this ‘‘(3) CRITERIA FOR ATTORNEY GENERAL RE- Attorney General deems necessary to carry VIEW.—In determining whether section 1028B clause, the term ‘prisoner’ means an indi- out the provisions of section 1028B(e)(5) of vidual confined in a jail, prison, or other should apply to the records listed in para- title 18, United States Code (as added by sec- graph (2), the Attorney General shall con- penal institution or correctional facility tion 3(a)(1)). pursuant to such individual’s conviction of a sider the following: (b) DISPLAY, SALE, OR PURCHASE RULE- criminal offense.’’. ‘‘(A) The cost or burden to the general pub- MAKING WITH RESPECT TO INTERACTIONS BE- (2) EFFECTIVE DATE.—The amendment lic, businesses, commercial enterprises, non- TWEEN BUSINESSES, GOVERNMENTS, OR BUSI- made by this subsection shall apply with re- profit organizations, and to Federal, State, NESS AND GOVERNMENT.— spect to employment of prisoners, or entry and local governments of complying with (1) IN GENERAL.—Not later than 1 year after section 1028B. the date of enactment of this Act, the Attor- into contract with prisoners, after the date ‘‘(B) The benefit to the general public, ney General, in consultation with the Com- that is 1 year after the date of enactment of businesses, commercial enterprises, non- missioner of Social Security, the Chairman this Act. profit organizations, and to Federal, State, of the Federal Trade Commission, and such SEC. 7. LIMITS ON PERSONAL DISCLOSURE OF A and local governments if the Attorney Gen- SOCIAL SECURITY NUMBER FOR other heads of Federal agencies as the Attor- CONSUMER TRANSACTIONS. eral were to determine that section 1028B ney General determines appropriate, shall should apply to such records.’’. (a) IN GENERAL.—Part A of title XI of the conduct such rulemaking procedures in ac- Social Security Act (42 U.S.C. 1301 et seq.) is (2) CONFORMING AMENDMENT.—The chapter cordance with subchapter II of chapter 5 of analysis for chapter 47 of title 18, United amended by adding at the end the following: title 5, United States Code, as are necessary ‘‘SEC. 1150A. LIMITS ON PERSONAL DISCLOSURE States Code (as amended by section 3(a)(2)), to promulgate regulations to implement and is amended by inserting after the item relat- OF A SOCIAL SECURITY NUMBER clarify the uses occurring as a result of an FOR CONSUMER TRANSACTIONS. ing to section 1028B the following: interaction between businesses, govern- ‘‘(a) IN GENERAL.—A commercial entity ‘‘1028C. Display, sale, or purchase of public ments, or business and government (regard- may not require an individual to provide the records containing Social Secu- less of which entity initiates the interaction) individual’s Social Security number when rity numbers.’’. permitted under section 1028B(e)(5) of title purchasing a commercial good or service or (b) STUDY AND REPORT ON SOCIAL SECURITY 18, United States Code (as added by section deny an individual the good or service for re- NUMBERS IN PUBLIC RECORDS.— 3(a)(1)). fusing to provide that number except—

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 10, 2007 CONGRESSIONAL RECORD — SENATE S377 ‘‘(1) for any purpose relating to— ‘‘(B) administer oaths or affirmations; or (D) by inserting ‘‘or because of such with- ‘‘(A) obtaining a consumer report for any ‘‘(C) compel the attendance of witnesses or holding of disclosure of a material fact’’ purpose permitted under the Fair Credit Re- the production of documentary and other after ‘‘because of such statement or rep- porting Act; evidence. resentation’’; and ‘‘(B) a background check of the individual ‘‘(4) ACTIONS BY THE ATTORNEY GENERAL OF (E) by inserting ‘‘or such a withholding of conducted by a landlord, lessor, employer, THE UNITED STATES.—In any case in which an disclosure’’ after ‘‘such a statement or rep- voluntary service agency, or other entity as action is instituted by or on behalf of the At- resentation’’. determined by the Attorney General; torney General for violation of a practice (2) ADMINISTRATIVE PROCEDURE FOR IMPOS- ‘‘(C) law enforcement; or that is prohibited under this section, no ING PENALTIES.—The first sentence of section ‘‘(D) a Federal, State, or local law require- State may, during the pendency of that ac- 1129A(a) of the Social Security Act (42 U.S.C. ment; or tion, institute an action under paragraph (1) 1320a–8a(a)) is amended— ‘‘(2) if the Social Security number is nec- against any defendant named in the com- (A) by striking ‘‘who’’ and inserting essary to verify the identity of the consumer plaint in that action for violation of that ‘‘who—’’; and to effect, administer, or enforce the specific practice. (B) by striking ‘‘makes’’ and all that fol- transaction requested or authorized by the ‘‘(5) VENUE; SERVICE OF PROCESS.— lows through ‘‘shall be subject to’’ and in- consumer, or to prevent fraud. ‘‘(A) VENUE.—Any action brought under serting the following: ‘‘(b) APPLICATION OF CIVIL MONEY PEN- paragraph (1) may be brought in the district ‘‘(1) makes, or causes to be made, a state- ALTIES.—A violation of this section shall be court of the United States that meets appli- ment or representation of a material fact, deemed to be a violation of section cable requirements relating to venue under for use in determining any initial or con- 1129(a)(3)(F). section 1391 of title 28, United States Code. tinuing right to or the amount of monthly ‘‘(c) APPLICATION OF CRIMINAL PENALTIES.— ‘‘(B) SERVICE OF PROCESS.—In an action insurance benefits under title II or benefits A violation of this section shall be deemed to brought under paragraph (1), process may be or payments under title VIII or XVI, that the be a violation of section 208(a)(8). served in any district in which the defend- person knows or should know is false or mis- ‘‘(d) LIMITATION ON CLASS ACTIONS.—No ant— leading; class action alleging a violation of this sec- ‘‘(i) is an inhabitant; or ‘‘(2) makes such a statement or representa- tion shall be maintained under this section tion for such use with knowing disregard for by an individual or any private party in Fed- ‘‘(ii) may be found. ‘‘(f) SUNSET.—This section shall not apply the truth; or eral or State court. on or after the date that is 6 years after the ‘‘(3) omits from a statement or representa- ‘‘(e) STATE ATTORNEY GENERAL ENFORCE- effective date of this section.’’. tion for such use, or otherwise withholds dis- MENT.— (b) EVALUATION AND REPORT.—Not later closure of, a fact which the individual knows ‘‘(1) IN GENERAL.— than the date that is 6 years and 6 months or should know is material to the determina- ‘‘(A) CIVIL ACTIONS.—In any case in which after the date of enactment of this Act, the tion of any initial or continuing right to or the attorney general of a State has reason to Attorney General, in consultation with the the amount of monthly insurance benefits believe that an interest of the residents of chairman of the Federal Trade Commission, under title II or benefits or payments under that State has been or is threatened or ad- shall issue a report evaluating the effective- title VIII or XVI and the individual knows, versely affected by the engagement of any ness and efficiency of section 1150A of the or should know, that the statement or rep- person in a practice that is prohibited under Social Security Act (as added by subsection resentation with such omission is false or this section, the State, as parens patriae, (a)) and shall make recommendations to misleading or that the withholding of such may bring a civil action on behalf of the resi- Congress as to any legislative action deter- disclosure is misleading, shall be subject to’’. dents of the State in a district court of the mined to be necessary or advisable with re- (b) APPLICATION OF CIVIL MONEY PENALTIES United States of appropriate jurisdiction spect to such section, including a rec- TO ELEMENTS OF CRIMINAL VIOLATIONS.—Sec- to— ommendation regarding whether to reau- tion 1129(a) of the Social Security Act (42 ‘‘(i) enjoin that practice; thorize such section. U.S.C. 1320a–8(a)), as amended by subsection ‘‘(ii) enforce compliance with such section; (c) EFFECTIVE DATE.—The amendment (a)(1), is amended— ‘‘(iii) obtain damages, restitution, or other made by subsection (a) shall apply to re- (1) by redesignating paragraph (2) as para- compensation on behalf of residents of the quests to provide a Social Security number graph (4); State; or occurring after the date that is 1 year after (2) by redesignating the last sentence of ‘‘(iv) obtain such other relief as the court the date of enactment of this Act. paragraph (1) as paragraph (2) and inserting may consider appropriate. SEC. 8. EXTENSION OF CIVIL MONETARY PEN- such paragraph after paragraph (1); and ‘‘(B) NOTICE.— ALTIES FOR MISUSE OF A SOCIAL (3) by inserting after paragraph (2) (as so ‘‘(i) IN GENERAL.—Before filing an action SECURITY NUMBER. redesignated) the following: under subparagraph (A), the attorney gen- (a) TREATMENT OF WITHHOLDING OF MATE- ‘‘(3) Any person (including an organization, eral of the State involved shall provide to RIAL FACTS.— agency, or other entity) who— the Attorney General— (1) CIVIL PENALTIES.—The first sentence of ‘‘(A) uses a Social Security account num- ‘‘(I) written notice of the action; and section 1129(a)(1) of the Social Security Act ber that such person knows or should know ‘‘(II) a copy of the complaint for the ac- (42 U.S.C. 1320a–8(a)(1)) is amended— has been assigned by the Commissioner of tion. (A) by striking ‘‘who’’ and inserting Social Security (in an exercise of authority ‘‘(ii) EXEMPTION.— ‘‘who—’’; under section 205(c)(2) to establish and main- ‘‘(I) IN GENERAL.—Clause (i) shall not apply (B) by striking ‘‘makes’’ and all that fol- tain records) on the basis of false informa- with respect to the filing of an action by an lows through ‘‘shall be subject to’’ and in- tion furnished to the Commissioner by any attorney general of a State under this sub- serting the following: person; section, if the State attorney general deter- ‘‘(A) makes, or causes to be made, a state- ‘‘(B) falsely represents a number to be the mines that it is not feasible to provide the ment or representation of a material fact, Social Security account number assigned by notice described in such subparagraph before for use in determining any initial or con- the Commissioner of Social Security to any the filing of the action. tinuing right to or the amount of monthly individual, when such person knows or ‘‘(II) NOTIFICATION.—With respect to an ac- insurance benefits under title II or benefits should know that such number is not the So- tion described in subclause (I), the attorney or payments under title VIII or XVI, that the cial Security account number assigned by general of a State shall provide notice and a person knows or should know is false or mis- the Commissioner to such individual; copy of the complaint to the Attorney Gen- leading; ‘‘(C) knowingly alters a Social Security eral at the same time as the State attorney ‘‘(B) makes such a statement or represen- card issued by the Commissioner of Social general files the action. tation for such use with knowing disregard Security, or possesses such a card with in- ‘‘(2) INTERVENTION.— for the truth; or tent to alter it; ‘‘(A) IN GENERAL.—On receiving notice ‘‘(C) omits from a statement or representa- ‘‘(D) knowingly displays, sells, or pur- under paragraph (1)(B), the Attorney General tion for such use, or otherwise withholds dis- chases a card that is, or purports to be, a shall have the right to intervene in the ac- closure of, a fact which the individual knows card issued by the Commissioner of Social tion that is the subject of the notice. or should know is material to the determina- Security, or possesses such a card with in- ‘‘(B) EFFECT OF INTERVENTION.—If the At- tion of any initial or continuing right to or tent to display, purchase, or sell it; torney General intervenes in the action the amount of monthly insurance benefits ‘‘(E) counterfeits a Social Security card, or under paragraph (1), the Attorney General under title II or benefits or payments under possesses a counterfeit Social Security card shall have the right to be heard with respect title VIII or XVI and the individual knows, with intent to display, sell, or purchase it; to any matter that arises in that action. or should know, that the statement or rep- ‘‘(F) discloses, uses, compels the disclosure ‘‘(3) CONSTRUCTION.—For purposes of bring- resentation with such omission is false or of, or knowingly displays, sells, or purchases ing any civil action under paragraph (1), misleading or that the withholding of such the Social Security account number of any nothing in this section shall be construed to disclosure is misleading, shall be subject to’’; person in violation of the laws of the United prevent an attorney general of a State from (C) by inserting ‘‘or each receipt of such States; exercising the powers conferred on such at- benefits while withholding disclosure of such ‘‘(G) with intent to deceive the Commis- torney general by the laws of that State to— fact’’ after ‘‘each such statement or rep- sioner of Social Security as to such person’s ‘‘(A) conduct investigations; resentation’’; true identity (or the true identity of any

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S378 CONGRESSIONAL RECORD — SENATE January 10, 2007 other person) furnishes or causes to be fur- rity account number without having met the amendments made by this Act, the Federal nished false information to the Commis- prerequisites for consent under section Government shall have injunctive authority sioner with respect to any information re- 1028B(d) of title 18, United States Code; or with respect to any violation by a public en- quired by the Commissioner in connection ‘‘(10) obtains any individual’s Social Secu- tity of any provision of this Act or of any with the establishment and maintenance of rity number for the purpose of locating or amendments made by this Act. the records provided for in section 205(c)(2); identifying the individual with the intent to ‘‘(H) offers, for a fee, to acquire for any in- injure or to harm that individual, or to use By Mrs. FEINSTEIN: dividual, or to assist in acquiring for any in- the identity of that individual for an illegal S. 239. A bill to require Federal agen- dividual, an additional Social Security ac- purpose;’’. cies, and persons engaged in interstate count number or a number which purports to SEC. 10. CIVIL ACTIONS AND CIVIL PENALTIES. commerce, in possession of data con- be a Social Security account number; or (a) CIVIL ACTION IN STATE COURTS.— taining sensitive personally identifi- ‘‘(I) being an officer or employee of a Fed- (1) IN GENERAL.—Any individual aggrieved able information, to disclose any by an act of any person in violation of this eral, State, or local agency in possession of breach of such information; to the any individual’s Social Security account Act or any amendments made by this Act number, willfully acts or fails to act so as to may, if otherwise permitted by the laws or Committee on the Judiciary. cause a violation by such agency of clause rules of the court of a State, bring in an ap- Mrs. FEINSTEIN. Mr. President, I (vi)(II) or (x) of section 205(c)(2)(C), shall be propriate court of that State— rise to introduce the Notification of subject to, in addition to any other penalties (A) an action to enjoin such violation; Risk to Personal Data Act. that may be prescribed by law, a civil money (B) an action to recover for actual mone- It is vitally important that Congress penalty of not more than $5,000 for each vio- tary loss from such a violation, or to receive take immediate action to ensure that lation. Such person shall also be subject to up to $500 in damages for each such viola- individuals are notified when compa- an assessment, in lieu of damages sustained tion, whichever is greater; or nies, Federal agencies, and other insti- by the United States resulting from such (C) both such actions. tutions suffer security breaches that It shall be an affirmative defense in any ac- violation, of not more than twice the could jeopardize their personal infor- amount of any benefits or payments paid as tion brought under this paragraph that the a result of such violation.’’. defendant has established and implemented, mation. (c) CLARIFICATION OF TREATMENT OF RECOV- with due care, reasonable practices and pro- The Notification of Risk to Personal ERED AMOUNTS.—Section 1129(e)(2)(B) of the cedures to effectively prevent violations of Data Act is a simple, straightforward Social Security Act (42 U.S.C. 1320a– the regulations prescribed under this Act. If bill that would require that notice be 8(e)(2)(B)) is amended by striking ‘‘In the the court finds that the defendant willfully sent to individuals in the event of a case of amounts recovered arising out of a or knowingly violated the regulations pre- data breach which compromises their determination relating to title VIII or XVI,’’ scribed under this subsection, the court may, personal information. and inserting ‘‘In the case of any other in its discretion, increase the amount of the Providing individuals with knowl- award to an amount equal to not more than amounts recovered under this section,’’. edge that their personal information (d) CONFORMING AMENDMENTS.— 3 times the amount available under subpara- (1) Section 1129(b)(3)(A) of the Social Secu- graph (B). has been accessed by a hacker will rity Act (42 U.S.C. 1320a–8(b)(3)(A)) is amend- (2) STATUTE OF LIMITATIONS.—An action allow them to take action to prevent ed by striking ‘‘charging fraud or false state- may be commenced under this subsection or limit the damage caused by these se- ments’’. not later than the earlier of— curity breaches. (2) Section 1129(c)(1) of the Social Security (A) 5 years after the date on which the al- The need for such legislation is, un- Act (42 U.S.C. 1320a–8(c)(1)) is amended by leged violation occurred; or fortunately, self-evident given the striking ‘‘and representations’’ and inserting (B) 3 years after the date on which the al- spate of data breaches we have all read ‘‘, representations, or actions’’. leged violation was or should have been rea- sonably discovered by the aggrieved indi- and heard about. Unfortunately, al- (3) Section 1129(e)(1)(A) of the Social Secu- most every week we learn of a new rity Act (42 U.S.C. 1320a–8(e)(1)(A)) is amend- vidual. ed by striking ‘‘statement or representation (3) NONEXCLUSIVE REMEDY.—The remedy breach. referred to in subsection (a) was made’’ and provided under this subsection shall be in ad- For example, there have been major inserting ‘‘violation occurred’’. dition to any other remedies available to the data breaches in just the last few (e) EFFECTIVE DATES.— individual. months at Boeing, UCLA, the Colorado (1) IN GENERAL.—Except as provided in (b) CIVIL PENALTIES.— Department of Human Services, paragraph (2), the amendments made by this (1) IN GENERAL.—Any person who the At- Starbucks, the Chicago Voters’ Data- section shall apply with respect to violations torney General determines has violated any section of this Act or of any amendments base, and Akron Children’s Hospital. of sections 1129 and 1129A of the Social Secu- Given this ongoing problem, it is not rity Act (42 U.S.C. 1320–8 and 1320a–8a), as made by this Act shall be subject, in addi- tion to any other penalties that may be pre- surprising that Americans have made amended by this section, committed after it clear that they want Congress to act. the date of enactment of this Act. scribed by law— (2) VIOLATIONS BY GOVERNMENT AGENTS IN (A) to a civil penalty of not more than A September 2005 CBS News/New York POSSESSION OF SOCIAL SECURITY NUMBERS.— $5,000 for each such violation; and Times national poll on privacy and Section 1129(a)(3)(I) of the Social Security (B) to a civil penalty of not more than identity theft found that 89 percent of Act (42 U.S.C. 1320a–8(a)(3)(I)), as added by $50,000, if the violations have occurred with Americans are ‘‘concerned’’ about the subsection (b), shall apply with respect to such frequency as to constitute a general theft of their personal identity infor- business practice. violations of that section occurring on or mation and 68 percent of Americans after the effective date described in section (2) DETERMINATION OF VIOLATIONS.—Any willful violation committed contempora- feel that Congress should do more to 3(c). regulate personal data and its collec- (f) REPEAL.—Section 201 of the Social Secu- neously with respect to the Social Security rity Protection Act of 2004 is repealed. numbers of 2 or more individuals by means of tion. SEC. 9. CRIMINAL PENALTIES FOR THE MISUSE mail, telecommunication, or otherwise, shall According to the Federal Trade Com- OF A SOCIAL SECURITY NUMBER. be treated as a separate violation with re- mission identity theft affects approxi- (a) PROHIBITION OF WRONGFUL USE AS PER- spect to each such individual. mately 10 million Americans each SONAL IDENTIFICATION NUMBER.—No person (3) ENFORCEMENT PROCEDURES.—The provi- year. In 2004, there were 635,173 identity may obtain any individual’s Social Security sions of section 1128A of the Social Security theft and fraud complaints made to the number for purposes of locating or identi- Act (42 U.S.C. 1320a–7a), other than sub- Federal Trade Commission’s Consumer sections (a), (b), (f), (h), (i), (j), (m), and (n) fying an individual with the intent to phys- Sentinel. In 2004, identity fraud cost ically injure, harm, or use the identity of the and the first sentence of subsection (c) of individual for any illegal purpose. such section, and the provisions of sub- Americans $52.6 billion dollars. Over (b) CRIMINAL SANCTIONS.—Section 208(a) of sections (d) and (e) of section 205 of such Act the past 2 years, approximately 18 mil- the Social Security Act (42 U.S.C. 408(a)) is (42 U.S.C. 405) shall apply to a civil penalty lion individuals in this country have amended— action under this subsection in the same been exposed or affected by identity (1) in paragraph (8), by inserting ‘‘or’’ after manner as such provisions apply to a penalty theft. the semicolon; and or proceeding under section 1128A(a) of such Data breaches threaten individual’s (2) by inserting after paragraph (8) the fol- Act (42 U.S.C. 1320a–7a(a)), except that, for economic and emotional well being. A lowing: purposes of this paragraph, any reference in person whose identity is stolen can lose section 1128A of such Act (42 U.S.C. 1320a–7a) ‘‘(9) except as provided in subsections (e) thousands of dollars and it can take and (f) of section 1028B of title 18, United to the Secretary shall be deemed to be a ref- States Code, knowingly and willfully dis- erence to the Attorney General. months or even years for a person to plays, sells, or purchases (as those terms are SEC. 11. FEDERAL INJUNCTIVE AUTHORITY. regain their good name and credit. So defined in section 1028B(a) of title 18, United In addition to any other enforcement au- when a data breach occurs, people have States Code) any individual’s Social Secu- thority conferred under this Act or the a right to find out as soon as possible.

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 10, 2007 CONGRESSIONAL RECORD — SENATE S379 That is why I have introduced and cense shall notify the owner or licensee of graph (1), the certification, accompanied by tried to pass legislation that would: re- the information following the discovery of a a description of the factual basis for the cer- quire that the Federal Government and security breach involving such information. tification, shall be immediately provided to business entities notify individuals (2) NOTICE BY OWNER, LICENSEE OR OTHER the United States Secret Service. DESIGNATED THIRD PARTY.—Nothing in this when there has been a security breach (b) SAFE HARBOR.—An agency or business Act shall prevent or abrogate an agreement entity will be exempt from the notice re- involving their personal data; ensure between an agency or business entity re- quirements under section 2, if— that the notice is provided without un- quired to give notice under this section and (1) a risk assessment concludes that there reasonable delay; create very limited a designated third party, including an owner is no significant risk that the security exceptions to notification for national or licensee of the sensitive personally identi- breach has resulted in, or will result in, security and law enforcement purposes, fiable information subject to the security harm to the individuals whose sensitive per- as well as instances in which law en- breach, to provide the notifications required sonally identifiable information was subject forcement certifies that there is no under subsection (a). to the security breach; (3) BUSINESS ENTITY RELIEVED FROM GIVING threat of harm to the individual; pro- (2) without unreasonable delay, but not NOTICE.—A business entity obligated to give later than 45 days after the discovery of a se- vide civil remedies against those who notice under subsection (a) shall be relieved curity breach, unless extended by the United do not notify individuals and the provi- of such obligation if an owner or licensee of States Secret Service, the agency or business sions of the bill would be enforced by the sensitive personally identifiable informa- entity notifies the United States Secret State attorney generals; and pre-empt tion subject to the security breach, or other Service, in writing, of— all state laws so that there is a single, designated third party, provides such notifi- (A) the results of the risk assessment; and nationwide notification requirement. cation. (B) its decision to invoke the risk assess- I strongly believe that individuals (c) TIMELINESS OF NOTIFICATION.— ment exemption; and (1) IN GENERAL.—All notifications required have a right to be notified when their (3) the United States Secret Service does under this section shall be made without un- not indicate, in writing, within 10 days from most sensitive information is com- reasonable delay following the discovery by receipt of the decision, that notice should be promised—because it is truly their in- the agency or business entity of a security given. formation. breach. (c) FINANCIAL FRAUD PREVENTION EXEMP- The instant legislation will give all (2) REASONABLE DELAY.—Reasonable delay TION.— Americans more control and con- under this subsection may include any time (1) IN GENERAL.—A business entity will be fidence about the safety of their sen- necessary to determine the scope of the secu- exempt from the notice requirement under sitive personal information. They will rity breach, prevent further disclosures, and section 2 if the business entity utilizes or know when their data has been com- restore the reasonable integrity of the data participates in a security program that— system and provide notice to law enforce- (A) is designed to block the use of the sen- promised so that they take the appro- ment when required. priate steps to protect themselves. sitive personally identifiable information to (3) BURDEN OF PROOF.—The agency, busi- initiate unauthorized financial transactions In November 2005, the Judiciary Com- ness entity, owner, or licensee required to before they are charged to the account of the mittee approved the Personal Data Pri- provide notification under this section shall individual; and vacy and Security Act. That bill in- have the burden of demonstrating that all (B) provides for notice to affected individ- cluded similar notification legislation. notifications were made as required under uals after a security breach that has resulted Unfortunately, the Senate took no fur- this Act, including evidence demonstrating in fraud or unauthorized transactions. ther action and the bill expired at the the necessity of any delay. (2) LIMITATION.—The exemption by this (d) DELAY OF NOTIFICATION AUTHORIZED FOR end of the 109th Congress. subsection does not apply if the information LAW ENFORCEMENT PURPOSES.— Since then, the problem of identity subject to the security breach includes sen- (1) IN GENERAL.—If a Federal law enforce- sitive personally identifiable information in theft has worsened—there have been ment agency determines that the notifica- addition to the sensitive personally identifi- numerous large scale data security tion required under this section would im- able information identified in section 13. breaches involving companies, federal pede a criminal investigation, such notifica- SEC. 4. METHODS OF NOTICE. agencies, and universities. tion shall be delayed upon written notice We cannot afford to keep waiting to from such Federal law enforcement agency An agency, or business entity shall be in to the agency or business entity that experi- compliance with section 2 if it provides both: act. I urge the Senate to pass the Noti- (1) INDIVIDUAL NOTICE.— fication of Risk to Personal Data Act enced the breach. (2) EXTENDED DELAY OF NOTIFICATION.—If (A) Written notification to the last known to give Americans the information the notification required under subsection home mailing address of the individual in they need to protect themselves from (a) is delayed pursuant to paragraph (1), an the records of the agency or business entity; identity theft. agency or business entity shall give notice 30 (B) Telephone notice to the individual per- I ask unanimous consent that the days after the day such law enforcement sonally; or text of the bill be printed in the delay was invoked unless a Federal law en- (C) E-mail notice, if the individual has con- sented to receive such notice and the notice RECORD. forcement agency provides written notifica- There being no objection, the text of tion that further delay is necessary. is consistent with the provisions permitting electronic transmission of notices under sec- the bill was ordered to be printed in (3) LAW ENFORCEMENT IMMUNITY.—No cause of action shall lie in any court against any tion 101 of the Electronic Signatures in Glob- the RECORD, as follows: law enforcement agency for acts relating to al and National Commerce Act (15 U.S.C. S. 239 the delay of notification for law enforcement 7001). Be it enacted by the Senate and House of Rep- purposes under this Act. (2) MEDIA NOTICE.—Notice to major media outlets serving a State or jurisdiction, if the resentatives of the United States of America in SEC. 3. EXEMPTIONS. number of residents of such State whose sen- Congress assembled, (a) EXEMPTION FOR NATIONAL SECURITY AND sitive personally identifiable information SECTION 1. SHORT TITLE. LAW ENFORCEMENT.— was, or is reasonably believed to have been, This Act may be cited as the ‘‘Notification (1) IN GENERAL.—Section 2 shall not apply acquired by an unauthorized person exceeds of Risk to Personal Data Act of 2007’’. to an agency if the agency certifies, in writ- 5,000. SEC. 2. NOTICE TO INDIVIDUALS. ing, that notification of the security breach (a) IN GENERAL.—Any agency, or business as required by section 2 reasonably could be SEC. 5. CONTENT OF NOTIFICATION. entity engaged in interstate commerce, that expected to— (a) IN GENERAL.—Regardless of the method uses, accesses, transmits, stores, disposes of (A) cause damage to the national security; by which notice is provided to individuals or collects sensitive personally identifiable or under section 4, such notice shall include, to information shall, following the discovery of (B) hinder a law enforcement investigation the extent possible— a security breach of such information notify or the ability of the agency to conduct law (1) a description of the categories of sen- any resident of the United States whose sen- enforcement investigations. sitive personally identifiable information sitive personally identifiable information (2) LIMITS ON CERTIFICATIONS.—An agency that was, or is reasonably believed to have has been, or is reasonably believed to have may not execute a certification under para- been, acquired by an unauthorized person; been, accessed, or acquired. graph (1) to— (2) a toll-free number— (b) OBLIGATION OF OWNER OR LICENSEE.— (A) conceal violations of law, inefficiency, (A) that the individual may use to contact (1) NOTICE TO OWNER OR LICENSEE.—Any or administrative error; the agency or business entity, or the agent agency, or business entity engaged in inter- (B) prevent embarrassment to a business of the agency or business entity; and state commerce, that uses, accesses, trans- entity, organization, or agency; or (B) from which the individual may learn mits, stores, disposes of, or collects sensitive (C) restrain competition. what types of sensitive personally identifi- personally identifiable information that the (3) NOTICE.—In every case in which an able information the agency or business enti- agency or business entity does not own or li- agency issues a certification under para- ty maintained about that individual; and

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S380 CONGRESSIONAL RECORD — SENATE January 10, 2007 (3) the toll-free contact telephone numbers any act or practice constituting a violation may, during the pendency of such proceeding and addresses for the major credit reporting of this Act, the Attorney General may peti- or action, bring an action under this Act agencies. tion an appropriate district court of the against any defendant named in such crimi- (b) ADDITIONAL CONTENT.—Notwithstanding United States for an order— nal proceeding or civil action for any viola- section 10, a State may require that a notice (A) enjoining such act or practice; or tion that is alleged in that proceeding or ac- under subsection (a) shall also include infor- (B) enforcing compliance with this Act. tion. mation regarding victim protection assist- (2) ISSUANCE OF ORDER.—A court may issue (d) RULE OF CONSTRUCTION.—For purposes ance provided for by that State. an order under paragraph (1), if the court of bringing any civil action under subsection SEC. 6. COORDINATION OF NOTIFICATION WITH finds that the conduct in question con- (a), nothing in this Act regarding notifica- CREDIT REPORTING AGENCIES. stitutes a violation of this Act. tion shall be construed to prevent an attor- If an agency or business entity is required (c) OTHER RIGHTS AND REMEDIES.—The ney general of a State from exercising the to provide notification to more than 1,000 in- rights and remedies available under this Act powers conferred on such attorney general dividuals under section 2(a), the agency or are cumulative and shall not affect any by the laws of that State to— business entity shall also notify, without un- other rights and remedies available under (1) conduct investigations; reasonable delay, all consumer reporting law. (2) administer oaths or affirmations; or (d) FRAUD ALERT.—Section 605A(b)(1) of the agencies that compile and maintain files on (3) compel the attendance of witnesses or consumers on a nationwide basis (as defined Fair Credit Reporting Act (15 U.S.C. 1681c– 1(b)(1)) is amended by inserting ‘‘, or evi- the production of documentary and other in section 603(p) of the Fair Credit Reporting evidence. Act (15 U.S.C. 1681a(p)) of the timing and dis- dence that the consumer has received notice (e) VENUE; SERVICE OF PROCESS.— tribution of the notices. that the consumer’s financial information has or may have been compromised,’’ after (1) VENUE.—Any action brought under sub- SEC. 7. NOTICE TO LAW ENFORCEMENT. ‘‘identity theft report’’. section (a) may be brought in— (a) SECRET SERVICE.—Any business entity SEC. 9. ENFORCEMENT BY STATE ATTORNEYS (A) the district court of the United States or agency shall give notice of a security GENERAL. that meets applicable requirements relating breach to the United States Secret Service (a) IN GENERAL.— to venue under section 1391 of title 28, United if— (1) CIVIL ACTIONS.—In any case in which the States Code; or (1) the number of individuals whose sen- attorney general of a State or any State or (B) another court of competent jurisdic- sitive personally identifying information local law enforcement agency authorized by tion. was, or is reasonably believed to have been the State attorney general or by State stat- (2) SERVICE OF PROCESS.—In an action acquired by an unauthorized person exceeds ute to prosecute violations of consumer pro- brought under subsection (a), process may be 10,000; tection law, has reason to believe that an in- served in any district in which the defend- (2) the security breach involves a database, terest of the residents of that State has been ant— networked or integrated databases, or other or is threatened or adversely affected by the (A) is an inhabitant; or data system containing the sensitive person- engagement of a business entity in a practice (B) may be found. ally identifiable information of more than that is prohibited under this Act, the State (f) NO PRIVATE CAUSE OF ACTION.—Nothing 1,000,000 individuals nationwide; or the State or local law enforcement agency in this Act establishes a private cause of ac- (3) the security breach involves databases on behalf of the residents of the agency’s ju- tion against a business entity for violation owned by the Federal Government; or risdiction, may bring a civil action on behalf of any provision of this Act. (4) the security breach involves primarily of the residents of the State or jurisdiction sensitive personally identifiable information in a district court of the United States of ap- SEC. 10. EFFECT ON FEDERAL AND STATE LAW. of employees and contractors of the Federal propriate jurisdiction or any other court of The provisions of this Act shall supersede Government involved in national security or competent jurisdiction, including a State any other provision of Federal law or any law enforcement. court, to— provision of law of any State relating to no- (b) NOTICE TO OTHER LAW ENFORCEMENT (A) enjoin that practice; tification of a security breach, except as pro- AGENCIES.—The United States Secret Service (B) enforce compliance with this Act; or vided in section 5(b). shall be responsible for notifying— (C) civil penalties of not more than $1,000 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. (1) the Federal Bureau of Investigation, if per day per individual whose sensitive per- There are authorized to be appropriated the security breach involves espionage, for- sonally identifiable information was, or is such sums as may be necessary to cover the eign counterintelligence, information pro- reasonably believed to have been, accessed or costs incurred by the United States Secret tected against unauthorized disclosure for acquired by an unauthorized person, up to a Service to carry out investigations and risk reasons of national defense or foreign rela- maximum of $50,000 per day. assessments of security breaches as required tions, or Restricted Data (as that term is de- (2) NOTICE.— under this Act. fined in section 11y of the Atomic Energy (A) IN GENERAL.—Before filing an action Act of 1954 (42 U.S.C. 2014(y)), except for of- under paragraph (1), the attorney general of SEC. 12. REPORTING ON RISK ASSESSMENT EX- fenses affecting the duties of the United the State involved shall provide to the At- EMPTIONS. States Secret Service under section 3056(a) of torney General of the United States— The United States Secret Service shall re- title 18, United States Code; (i) written notice of the action; and port to Congress not later than 18 months (2) the United States Postal Inspection (ii) a copy of the complaint for the action. after the date of enactment of this Act, and Service, if the security breach involves mail (B) EXEMPTION.— upon the request by Congress thereafter, fraud; and (i) IN GENERAL.—Subparagraph (A) shall on— (3) the attorney general of each State af- not apply with respect to the filing of an ac- (1) the number and nature of the security fected by the security breach. tion by an attorney general of a State under breaches described in the notices filed by (c) 14-DAY RULE.—The notices to Federal this Act, if the State attorney general deter- those business entities invoking the risk as- law enforcement and the attorney general of mines that it is not feasible to provide the sessment exemption under section 3(b) of each State affected by a security breach re- notice described in such subparagraph before this Act and the response of the United quired under this section shall be delivered the filing of the action. States Secret Service to such notices; and as promptly as possible, but not later than 14 (ii) NOTIFICATION.—In an action described (2) the number and nature of security days after discovery of the events requiring in clause (i), the attorney general of a State breaches subject to the national security and notice. shall provide notice and a copy of the com- law enforcement exemptions under section SEC. 8. ENFORCEMENT. plaint to the Attorney General at the time 3(a) of this Act. (a) CIVIL ACTIONS BY THE ATTORNEY GEN- the State attorney general files the action. SEC. 13. DEFINITIONS. ERAL.—The Attorney General may bring a (b) FEDERAL PROCEEDINGS.—Upon receiving civil action in the appropriate United States notice under subsection (a)(2), the Attorney In this Act, the following definitions shall district court against any business entity General shall have the right to— apply: that engages in conduct constituting a viola- (1) move to stay the action, pending the (1) AGENCY.—The term ‘‘agency’’ has the tion of this Act and, upon proof of such con- final disposition of a pending Federal pro- same meaning given such term in section 551 duct by a preponderance of the evidence, ceeding or action; of title 5, United States Code. such business entity shall be subject to a (2) initiate an action in the appropriate (2) AFFILIATE.—The term ‘‘affiliate’’ means civil penalty of not more than $1,000 per day United States district court under section 8 persons related by common ownership or by per individual whose sensitive personally and move to consolidate all pending actions, corporate control. identifiable information was, or is reason- including State actions, in such court; (3) BUSINESS ENTITY.—The term ‘‘business ably believed to have been, accessed or ac- (3) intervene in an action brought under entity’’ means any organization, corpora- quired by an unauthorized person, up to a subsection (a)(2); and tion, trust, partnership, sole proprietorship, maximum of $50,000 per person. (4) file petitions for appeal. unincorporated association, venture estab- (b) INJUNCTIVE ACTIONS BY THE ATTORNEY (c) PENDING PROCEEDINGS.—If the Attorney lished to make a profit, or nonprofit, and GENERAL.— General has instituted a proceeding or action any contractor, subcontractor, affiliate, or (1) IN GENERAL.—If it appears that a busi- for a violation of this Act or any regulations licensee thereof engaged in interstate com- ness entity has engaged, or is engaged, in thereunder, no attorney general of a State merce.

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 10, 2007 CONGRESSIONAL RECORD — SENATE S381 (4) PERSONALLY IDENTIFIABLE INFORMA- creating the National Cooperative Geo- citizens every day by assuring there is TION.—The term ‘‘personally identifiable in- logic Mapping Program (NCGMP). This accurate, usable geologic information formation’’ means any information, or com- program exists as a partnership be- available to communities and individ- pilation of information, in electronic or dig- tween the USGS and the State geologi- uals so that safe, educated resource use ital form serving as a means of identifica- cal surveys, whose purpose is to pro- tion, as defined by section 1028(d)(7) of title decisions can be made. I encourage my 18, United State Code. vide the Nation with urgently-needed colleagues to support this legislation (5) SECURITY BREACH.— geologic maps that can be and are used and am committed to its timely con- (A) IN GENERAL.—The term ‘‘security by a diverse clientele. These maps are sideration. breach’’ means compromise of the security, vital to understanding groundwater re- I ask unanimous consent that the confidentiality, or integrity of computerized gimes, mineral resources, geologic haz- text of the bill be printed in the data through misrepresentation or actions ards such as landslides and earth- RECORD. that result in, or there is a reasonable basis quakes, and geology essential for all There being no objection, the text of to conclude has resulted in, acquisition of or types of land use planning; as well as the bill was ordered to be printed in access to sensitive personally identifiable in- providing basic scientific data. The the RECORD, as follows: formation that is unauthorized or in excess NCGMP contains three parts; of authorization. S. 240 (B) EXCLUSION.—The term ‘‘security FedMap—the U.S. Geological Survey’s Be it enacted by the Senate and House of Rep- breach’’ does not include— geologic mapping program, StateMap— resentatives of the United States of America in (i) a good faith acquisition of sensitive per- the State geological survey’s part of Congress assembled, sonally identifiable information by a busi- the act, and EdMap—a program to en- SECTION 1. SHORT TITLE. ness entity or agency, or an employee or courage the training of future geologic This Act may be cited as the ‘‘National agent of a business entity or agency, if the mappers at our colleges and univer- Geologic Mapping Reauthorization Act of sensitive personally identifiable information sities. All three components are re- 2007’’. is not subject to further unauthorized disclo- viewed annually by a Federal Advisory SEC. 2. FINDINGS. sure; or Committee to ensure program effec- Section 2(a) of the National Geologic Map- (ii) the release of a public record not other- tiveness and to provide future guid- ping Act of 1992 (43 U.S.C. 31a(a)) is amend- wise subject to confidentiality or nondisclo- ed— sure requirements. ance. FedMap geologic mapping priorities (1) by striking paragraph (1) and inserting (6) SENSITIVE PERSONALLY IDENTIFIABLE IN- the following: FORMATION.—The term ‘‘sensitive personally are determined by the needs of Federal ‘‘(1) although significant progress has been identifiable information’’ means any infor- land-management agencies, regional made in the production of geologic maps mation or compilation of information, in customer forums, and cooperatively since the establishment of the national coop- electronic or digital form that includes— with the State geological surveys. erative geologic mapping program in 1992, no (A) an individual’s first and last name or FedMap also coordinates national geo- modern, digital, geologic map exists for ap- first initial and last name in combination logic mapping standards. StateMap is a proximately 75 percent of the United with any 1 of the following data elements: competitive program wherein the States;’’; and (i) A non-truncated social security number, (2) in paragraph (2)— driver’s license number, passport number, or States submit proposals for geologic mapping that are critiqued by a peer (A) in subparagraph (C), by inserting alien registration number. ‘‘homeland and’’ after ‘‘planning for’’; (ii) Any 2 of the following: review panel. A requirement of this (B) in subparagraph (E), by striking ‘‘pre- (I) Home address or telephone number. section of the legislation is that each dicting’’ and inserting ‘‘identifying’’; (II) Mother’s maiden name, if identified as Federal dollar be matched one-for-one (C) in subparagraph (I), by striking ‘‘and’’ such. with State funds. Each participating after the semicolon at the end; (III) Month, day, and year of birth. State has a State Advisory Committee (D) by redesignating subparagraph (J) as (iii) Unique biometric data such as a finger to ensure that its proposal addresses subparagraph (K); and print, voice print, a retina or iris image, or priority areas and needs as determined (E) by inserting after subparagraph (I) the any other unique physical representation. following: (iv) A unique account identifier, electronic in the NGMA. The success of this pro- gram ensured reauthorization of simi- ‘‘(J) recreation and public awareness; and’’; identification number, user name, or routing and code in combination with any associated se- lar legislation in 1997 and in 1999 with (3) in paragraph (9), by striking ‘‘impor- curity code, access code, or password that is widespread bipartisan support in both tant’’ and inserting ‘‘available’’. required for an individual to obtain money, the House and Senate. SEC. 3. PURPOSE. goods, services or any other thing of value; To date, millions of dollars been Section 2(b) of the National Geologic Map- or awarded to State geological surveys ping Act of 1992 (43 U.S.C. 31a(b)) is amended (B) a financial account number or credit or through StateMap, and these Federal by inserting ‘‘and management’’ before the debit card number in combination with any dollars have been more than matched period at the end. security code, access code or password that by State dollars. The high quality geo- SEC. 4. DEADLINES FOR ACTIONS BY THE UNITED is required for an individual to obtain STATES GEOLOGICAL SURVEY. money, goods, services or any other thing of logic maps produced will be used by a very broad base of customers including Section 4(b)(1) of the National Geologic value. Mapping Act of 1992 (43 U.S.C. 31c(b)(1)) is SEC. 14. EFFECTIVE DATE. geotechnical consultants, Federal, amended in the second sentence— This Act shall take effect on the expiration State and local land managers, and (1) in subparagraph (A), by striking ‘‘not of the date which is 90 days after the date of mineral and energy exploration compa- later than’’ and all that follows through the enactment of this Act. nies. Information on how to obtain all semicolon and inserting ‘‘not later than 1 of these maps is provided on the Inter- year after the date of enactment of the Na- By Mr. CRAlG (for himself, Mr. net by the National Geologic Map tional Geologic Mapping Reauthorization DOMENICI, Mr. BINGAMAN, Mr. Database, allowing ease of access for Act of 2007;’’; ENZI, Mr. STEVENS, Mr. BEN- all users. (2) in subparagraph (B), by striking ‘‘not NETT, Ms. MURKOWSKI, and Mr. EdMap has trained over 550 univer- later than’’ and all that follows through ‘‘in accordance’’ and inserting ‘‘not later than 1 BUNNING): sity students at 118 universities across S. 240. A bill to reauthorize and year after the date of enactment of the Na- the Nation. The best testament to the tional Geologic Mapping Reauthorization amend the National Geologic Mapping quality of this training are its bene- Act of 2007 in accordance’’; and Act of 1992; to the Committee on En- ficiaries—an unusually high percentage (3) in the matter preceding clause (i) of ergy and Natural Resources. of these students go on to careers in subparagraph (C), by striking ‘‘not later Mr. CRAIG. Mr. President, I am Earth Science, becoming university than’’ and all that follows through ‘‘submit’’ today introducing, along with Senators professors, energy company explo- and inserting ‘‘submit biennially’’. DOMENICI, BINGAMAN, ENZI, STEVENS, ration scientists, or mapping special- SEC. 5. GEOLOGIC MAPPING PROGRAM OBJEC- BENNETT, MURKOWSKI, and BUNNING, ists themselves. Their EdMap program TIVES. the National Geologic Maping Reau- experience provides them with a re- Section 4(c)(2) of the National Geologic Mapping Act of 1992 (43 U.S.C. 31c(c)(2)) is thorization Act of 2007. This is an act markable self-confidence, having com- amended— that has been very beneficial to the Na- pleted a difficult and independent field (1) by striking ‘‘geophysical-map data base, tion and deserves to be reauthorized. mapping experience. geochemical-map data base, and a’’; and The National Geologic Mapping Act The National Geologic Mapping Re- (2) by striking ‘‘provide’’ and inserting was originally signed into law in 1992, authorization Act benefits numerous ‘‘provides’’.

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S382 CONGRESSIONAL RECORD — SENATE January 10, 2007 SEC. 6. GEOLOGIC MAPPING PROGRAM COMPO- (2) in subsection (b)— S. 241 NENTS. (A) in the matter preceding paragraph (1), Section 4(d)(1)(B)(ii) of the National Geo- by striking ‘‘2000’’ and inserting ‘‘2005’’; Be it enacted by the Senate and House of Rep- logic Mapping Act of 1992 (43 U.S.C. (B) in paragraph (1), by striking ‘‘48’’ and resentatives of the United States of America in 31c(d)(1)(B)(ii)) is amended— inserting ‘‘50’’; and Congress assembled, (1) in subclause (I), by striking ‘‘and’’ after (C) in paragraph (2), by striking 2 and in- SECTION 1. SHORT TITLE. the semicolon at the end; serting ‘‘4’’. (2) in subclause (II), by striking the period This Act may be cited as the ‘‘Natural Re- at the end and inserting ‘‘; and’’; and By Mr. WYDEN (for himself and source Protection Cooperative Agreement (3) by adding at the end the following: Mr. AKAKA): Act’’. ‘‘(III) the needs of land management agen- S. 241. A bill to authorize the Sec- cies of the Department of the Interior.’’. retary of the Interior to enter into co- SEC. 2. COOPERATIVE AGREEMENTS FOR NA- SEC. 7. GEOLOGIC MAPPING ADVISORY COM- TIONAL PARK NATURAL RESOURCE MITTEE. operative agreements to protect nat- PROTECTION. ural resources of units of the National (a) MEMBERSHIP.—Section 5(a) of the Na- (a) IN GENERAL.—The Secretary of the In- Park System through collaborative ef- tional Geologic Mapping Act of 1992 (43 terior (referred to in this Act as the ‘‘Sec- U.S.C. 31d(a)) is amended— forts on land inside and outside of retary’’) may enter into cooperative agree- (1) in paragraph (2)— units of the National Park System; to ments with State, local, or tribal govern- (A) by inserting ‘‘the Secretary of the Inte- the Committee on Energy and Natural ments, other Federal agencies, other public rior or a designee from a land management Resources. agency of the Department of the Interior,’’ Mr. WYDEN. Mr. President, today I entities, educational institutions, private after ‘‘Administrator of the Environmental introduce legislation to authorize the nonprofit organizations, or willing private Protection Agency or a designee,’’; Secretary of the Interior to enter into landowners to protect natural resources of (B) by inserting ‘‘and’’ after ‘‘Energy or a units of the National Park System through designee,’’; and cooperative agreements to protect Na- tional Parks through collaborative ef- collaborative efforts on land inside and out- (C) by striking ‘‘, and the Assistant to the side of National Park System units. President for Science and Technology or a forts on lands inside and outside of Na- designee’’; and tional Park System units. My bill (b) TERMS AND CONDITIONS.—A cooperative (2) in paragraph (3)— passed the Senate in the 109th Con- agreement entered into under subsection (a) (A) by striking ‘‘Not later than’’ and all gress, but unfortunately did not have shall— that follows through ‘‘consultation’’ and in- an opportunity to pass in the House be- (1) provide for— serting ‘‘In consultation’’; fore the end of the Congress. Today, I (A) clear and direct benefits to natural re- sources of a unit of the National Park Sys- (B) by striking ‘‘Chief Geologist, as Chair- reintroduce the bill hoping that it can man’’ and inserting ‘‘Associate Director for tem; Geology, as Chair’’; and expeditiously pass again in the Senate (B) the preservation, conservation, and res- (C) by striking ‘‘one representative from and continue on to pass in the House. toration of coastal and riparian systems, wa- the private sector’’ and inserting ‘‘2 rep- This legislation is based on very suc- tersheds, and wetlands; resentatives from the private sector’’. cessful watershed protection legisla- (C) preventing, controlling or eradicating (b) DUTIES.—Section 5(b) of the National tion enacted for the Forest Service and invasive exotic species that occupy land Geologic Mapping Act of 1992 (43 U.S.C. the Bureau of Land Management, now within a unit of the National Park System 31d(b)) is amended— commonly referred to as the Wyden or adjacent to a unit of the National Park (1) in paragraph (2), by striking ‘‘and’’ at amendment. The Wyden amendment, System; or the end; first enacted in 1998 for Fiscal Year (D) restoration of natural resources, in- (2) by redesignating paragraph (3) as para- cluding native wildlife habitat; graph (4); and 1999, has resulted in countless Forest (2) include a statement of purpose dem- (3) by inserting after paragraph (2) the fol- Service and Bureau of Land Manage- onstrating how the agreement will— lowing: ment cooperative agreements with (A) enhance science-based natural resource ‘‘(3) provide a scientific overview of geo- neighboring state and local land own- stewardship at the unit of the National Park logic maps (including maps of geologic-based ers to accomplish high priority restora- System; and hazards) used or disseminated by Federal tion, protection and enhancement work (B) benefit the parties to the agreement; agencies for regulation or land-use planning; on public and private lands. It has not (3) specify any staff required and technical and’’. required additional funding, but has al- assistance to be provided by the Secretary or (c) CONFORMING AMENDMENT.—Section lowed the agencies to leverage their other parties to the agreement in support of 5(a)(1) of the National Geologic Mapping Act activities inside and outside the unit of the of 1992 (43 U.S.C. 31d(a)(1)) is amended by scarce restoration dollars thereby al- National Park System that will— striking ‘‘10-member’’ and inserting ‘‘11- lowing the Federal dollars to stretch (A) protect natural resources of the unit; member’’. farther. and SEC. 8. FUNCTIONS OF NATIONAL GEOLOGIC-MAP The legislation I introduce today will (B) benefit the parties to the agreement; DATABASE. allow the Park Service to use a similar (4) identify any materials, supplies, or Section 7(a) of the National Geologic Map- authority to attack natural threats to equipment that will be contributed by the ping Act of 1992 (43 U.S.C. 31f(a)) is amend- National Parks, such as invasive parties to the agreement or by other Federal ed— weeds, before they cross onto Parks’ agencies; (1) in paragraph (1), by striking ‘‘geologic land. The National Park Service tells (5) describe any financial assistance to be map’’ and inserting ‘‘geologic-map’’; and provided by the Secretary or the partners to (2) in paragraph (2), by striking subpara- me that if they have to wait until the implement the agreement; graph (A) and inserting the following: weeds hit the Parks before treating (6) ensure that any expenditure by the Sec- ‘‘(A) all maps developed with funding pro- them the costs for treatment rise expo- retary pursuant to the agreement is deter- vided by the National Cooperative Geologic nentially and the probability of beat- mined by the Secretary to support the pur- Mapping Program, including under the Fed- ing the weeds back drops exponen- poses of natural resource stewardship at a eral, State, and education components;’’. tially. unit of the National Park System; and SEC. 9. BIENNIAL REPORT. Examples of projects the National (7) shall include such terms and conditions Section 8 of the National Geologic Mapping Park Service would pursue with this that are agreed to by the Secretary and the Act of 1992 (43 U.S.C. 31g) is amended by authority, as well as the groups with other parties to the agreement. striking ‘‘Not later’’ and all that follows (c) LIMITATIONS.—The Secretary shall not through ‘‘biennially’’ and inserting ‘‘Not which they would partner, are at- use any amounts associated with an agree- later than 3 years after the date of enact- tached. I am pleased that Senator ment of the National Geologic Mapping Re- AKAKA is joining me as an original co- ment entered into under subsection (a) for authorization Act of 2007 and biennially’’. sponsor of this legislation and I hope the purposes of land acquisition, regulatory SEC. 10. AUTHORIZATION OF APPROPRIATIONS; my other colleagues will join me as co- activity, or the development, maintenance, ALLOCATION. sponsors of this legislation and in en- or operation of infrastructure, except for an- Section 9 of the National Geologic Mapping suring its swift passage. I ask unani- cillary support facilities that the Secretary Act of 1992 (43 U.S.C. 31h) is amended— mous consent that the text of the bill determines to be necessary for the comple- (1) by striking subsection (a) and inserting and a list of projects be printed in the tion of projects or activities identified in the the following: agreement. ‘‘(a) IN GENERAL.—There is authorized to RECORD. be appropriated to carry out this Act There being no objection, the mate- (d) AUTHORIZATION OF APPROPRIATIONS.— $64,000,000 for each of fiscal years 2007 rial was ordered to be printed in the There are authorized to be appropriated such through 2016.’’; and RECORD, as follows: sums as are necessary to carry out this Act.

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POTENTIAL COOPERATIVE PROJECTS ADJACENT Park Unit: Santa Monica Mountains Na- Pest: CACO has three large wetlands that are TO OR NEARBY NPS LANDS: tional Recreation Area. Partners: Private impaired due to salt marsh diking that has STATE: ALABAMA lands, City and County government, NGO’s. restricted tidal flow to the systems, some Project/Pest: Numerous projects to stabilize, impacted for more than 100 years. Having the Exotic Plants mitigate or restore land disturbances affect- ability to access and utilize funds to alter Park Unit: Russell Cave National Monu- ing runoff and erosion processes. and improve the water control structures ul- ment. Partner: Alabama Department of Geologic Resources timately is all that is needed to restore Game and Fish. Projects/Pest: Autumn olive. Park Unit: Redwood National Park. Part- thousands of acres of wetlands within the STATE: ALASKA ners: Private lands. Project/Pest: Work col- park boundary. Exotic Plants laboratively to implement erosion control STATE: MISSOURI Park Unit: Denali National Park and Pre- measures from roads associated with timber Geologic Resources serve. Partner: Private landowner and Alas- harvest. Park Unit: Ozark National Scenic ka Department of Transportation. Projects/ STATE: COLORADO Riverways. Partners: Private lands, Federal Pest: Remove multiple species from an iso- Exotic Plants agencies. Project/Pest: Develop under- lated location in Kantishna. White sweet clo- Park Unit: Dinosaur National Monument. standing of and extent of karst environment ver along the Park’s Highway. Partner: Utah State land. Project/Pest: in and around the park. Park Unit: Gates of the Arctic National Jones Hole Creek, spotted knapweed and STATE: MONTANA Park and Preserve. Partner: Alaska Depart- tamarisk. Exotic Plants ment of Transportation, Bureau of Land Park Unit: Mesa Verde National Park Management. Projects/Pest: Multiple species Park Unit: Glacier National Park. Part- Partner: Ute Mountain Indian Reservation. ners: Blackfeet tribe. Project/Pest: Numer- moving up the Dalton Highway towards the Project/Pest: Mancos River tamarisk. park. ous exotic plant species. STATE: DISTRICT OF COLUMBIA Park Unit: Glacier Bay National Park and Native Species Preserve. Partner: Town of Gustavus. Exotic Plants Park Unit: Glacier National Park. Part- Projects/Pest: Remove multiple species from Park Unit: National Capitol Area East. ners: Montana Fish, Wildlife and Parks, U.S. isolated locations. Partners: Private landowners. Project/Pest: Forest Service, BNSF Railroad and others. Park Unit: Kenai Fjords National Park. Asian Spiderwort (Murdannia keisak). Project/Pest: Fencing along boundaries, Partner: U.S. Forest Service. Projects/Pest: STATE: GEORGIA white and limber pine restoration and wet- Yellow sweetclover on Exit Glacier Road. Exotic Plants land surveys. Park Unit: Klondike Gold Rush Historical Park Unit: Chickamauga and Chattanooga STATE: NEVADA Park. Partner: Town of Skagway. Projects/ National Military Park, Partners: Lookout Exotic Plants Pest: White sweetclover, Butter-and-eggs. Land Trust and Private business, Project/ Park Unit: Great Basin National Park. Park Unit: Sitka National Historical Park. Pest: Kudzu. Partners: Private, State and U.S. Forest Partner: City of Sitka. Projects/Pest: Japa- STATE: HAWAII Service. Project/Pest: Scattered spotted nese knotweed. Park Unit: Wrangell-St. Elias National Exotic Plants knapweed and thistle in shared drainages Park and Preserve. Partner: Town of McCar- Park Unit: Haleakala National Park. Part- with the park. Park Unit: Lake Mead National Recreation thy and Alaska Department of Transpor- ners: State, Private landowners, Private in- Area. Partners: County, State, Private, Bu- tation, Bureau of Land Management. dustry, NGO’s, General public Project/Pest: reau of Land Management. Project/Pest: Vir- Projects/Pest: Remove multiple species from Miconia Fountain Grass, Bocconia, Pampas gin River, Las Vegas Wash, Muddy River, isolated locations and White sweetclver on Grass. tall whitetop, Russian knapweed, area roadways. Park Unit: Hawaii Volcanoes National Park. Partners: State, Private landowners, camelthorn and tamarisk. STATE: ARIZONA NGO’s, Private industry. Project/Pest: STATE: NEW JERSEY Exotic Plants Miconia Fountain Grass, Bocconia, Pampas Aquatic Resources Park Unit: Canyon de Chelly National Grass. Park Unit: Morristown National Historical Monument. Partner: Navajo Indian Reserva- Park Unit: Kaluapapa National Historical Park. Partners: Private landowners. Project/ tion Project/Pest: Tamarisk and Russian Park Partners: State, Private landowners, Pest: Develop and implement in concert with olive. NGO’s, Private industry Project/Pest: private landowners best management prac- Park Unit: Grand Canyon National Park. Miconia Fountain Grass, Bocconia, Pampas tices to reduce pesticide and storm water Partner: Hualapai Indian Reservation. Grass. runoff into Primrose Creek which contains a Project/Pest: Remove Tamarisk from shared STATE: IDAHO genetically pure stock of native brook trout. drainages. Geologic Resources STATE: NEW MEXICO Park Unit: Hubbell Trading Post National Park Unit: Hagerman Fossil Beds National Historic Site. Partner: Navajo Indian Res- Exotic Plants Monument. Partners: Private lands. Project/ ervation. Project/Pest: Pueblo Colorado Park Unit: Pecos National Historical Park. Pest: Prevent irrigation canal seepage caus- Wash tamarisk and Russian olive. Partner: Private landowners, U.S. Forest ing slumpage/wasting of fossil resources and Service, and State agencies. Projects/Pest: STATE: CALIFORNIA impacts to Snake River. tamarisk. Exotic Plants STATE: KENTUCKY STATE: NEW YORK Park Unit: Death Valley National Park. Exotic Plants Exotic Plants Partners: Private lands (Shoshone, CA), Bu- Park Unit: Mammoth Cave National Park. reau of Land Management, State Fish and Park Unit: Delaware Water Gap National Partners: Private landowner and State Uni- Recreation Area. Partners: State agencies, Game. Projects/Pest: Amargosa River versity. Project/Pest: Garlic mustard. tamarisk control Saline Valley tamarisk. Local municipalities, watershed associa- STATE: MARYLAND Park Unit: Golden Gate National Recre- tions. Projects/Pest: Variety of exotic plants ation Area. Partners: Private land. Projects/ Exotic Plants along park boundaries. Pest: Remove Pampas grass serving as a seed Park Unit: Antietam National Battlefield. Park Unit: Gateway National Recreation source re-infesting NPS lands. Partners: State and County Department of Area. Partners: State agency. Projects/Pest: Park Unit: Golden Gate National Recre- Transportation. Project/Pest: Tree of Heav- Oriental bittersweet invading from park into ation Area. Partner: State and Private lands. en. state lands. Projects/Pest: Jubata grass. Park Unit: Assateague Island National STATE: NORTH CAROLINA Park Unit: Mojave National Preserve. Seashore. Partners: State agency. Projects/ Exotic Plants Partners: Private and State land. Project/ Pest: Eragrostis curvula (weeping lovegrass) Park Unit: Blue Ridge Parkway. Partner: Pest: Tamarisk near I–15 corridor, scattered coming into park from state lands. The Nature Conservancy, U.S. Forest Serv- Park Unit: Catoctin Mounain Park. Part- in-holdings and mine sites. ice. Projects/Pest: Oriental Bittersweet ners: State roads, Railroad right-of-way. Aquatic Resources Park Unit: Carl Sandburg Home National Project/Pest: Mile-a-minute. Historic Site. Partner: Adjacent Homeowner Park Unit: Golden Gate National Recre- STATE: MASSACHUSETTS Association Projects/Pest: English Ivy. ation Area. Partners: Private and Public Exotic Plants Park Unit: Guilford Courthouse National lands. Projects/Pest: Work with City/College Military Park. Partner: Guilford County and others to facilitate movement of listed Park Unit: Minute Man National Histor- Parks and Recreation. Projects/Pest: Wild butterfly between two separated NPS par- ical Park. Partners: Local municipalities. yam and Privet. cels. Projects/Pest: Variety of exotic plants along Park Unit: Point Reyes National Seashore. boundaries of park. STATE: OKLAHOMA Partners: Private lands. Project/Pest: Re- Wetlands Exotic Plants store eroded stream channels benefiting the Park Unit: Cape Cod National Seashore. Park Unit: Washita Battlefield National salmonid fishery in the park. Partners: Town of Well fleet, MA. Projects/ Historic Site. Partner: Private landowners,

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S384 CONGRESSIONAL RECORD — SENATE January 10, 2007 U.S. Forest Service. Projects/Pest: Scotch west boundary). Projects/Pest: Kudzu strad- Mr. DORGAN. I would like to show thistle. dling east boundary; bamboo straddling west two bottles that contained Lipitor, a STATE: OREGON boundary. drug that most of us know is a choles- Park Unit: Wolf Trap National Park for Exotic Plants the Performing Arts. Partners: County and terol-lowering drug. Lipitor is made by Park Unit: John Day Fossil Beds National private lands. Project/Pest: Lesser a company in a plant—in this case in Monument. Partner: Private Landowners, Celandine. Ireland—and in Ireland they put County Weed Districts and Watershed Coun- STATE: WASHINGTON Lipitor in these two bottles, and they cils. Projects/Pest: Medusa head, Tarweed, send the Lipitor in this bottle to Can- Russian Knapweed Yellow Start thistle, Exotic Plants Whitetop and other weeds. Park Unit: Ebey’s Landing National His- ada, and they send the Lipitor in this Park Unit: Lewis and Clark National His- torical Reserve. Partner: Washington State bottle to the United States. torical Park (formerly Fort Clatsop National Parks, The Nature Conservancy of Wash- The difference? Well, there is no dif- Memorial). Partner: Private Timber lands, ington, Island County, Ebey’s Landing Trust ference. It is the same pill, put in the Private Agriculture lands and Oregon State Board, Washington State Department of same bottle, made by the same com- Parks. Projects/Pest: Scotch Broom, Reed Transportation. Projects/Pest: Poison Hem- pany, an FDA-approved drug. The dif- Canary Grass, English Holly, and other lock. ference is the United States consumer Park Unit: Lake Roosevelt National Recre- invasive plants. pays 65 percent more for this drug than STATE: PENNSYLVANIA ation Area. Partner: U.S. Forest Service, State, Tribal, and Private lands. Projects/ the consumer in Canada. Exotic Plants Pest: Eurasian watermilfoil. But it is not just Lipitor. And it is Park Unit: Upper Delaware Scenic and Park Unit: Olympic National Park. Part- not just a plant in Ireland by this com- Recreational River. Partners: Local munici- ner: U.S. Forest Service, State, Tribal, and pany that produces it and sends it to palities, Private landowners. Projects/Pest: Private (including timber company) lands. here and then to Canada, and charges Mainly Japanese knotweed along Delaware Projects/Pest: Several species of knotweed. River and tributaries. the American consumer the highest Aquatic Resources prices. It is virtually all of the brand Aquatic Resources Park Unit: Olympic National Park. Part- drugs. And in virtually every case, the Park Unit: Valley Forge National Histor- ners: Private lands, State lands and U.S. ical Park. Partners: Private landowners, American consumer is paying the high- Fish and Wildlife Service lands. Project/Pest: est prices for prescription drugs—the County/State governments, non-profit Cooperatively characterize aquifer param- groups. Project/Pest: Implement Valley eters such as storage and transmission coef- highest prices in the world. Creek Restoration Plan and EA which identi- ficients, monitor ground water levels, spring My colleague, Senator SNOWE and I fies management strategies and restoration flow river flow install new monitoring wells and many others in this Chamber— opportunities within the watershed and out- to determine response of aquifer to water Senator STABENOW, Senator KENNEDY, side the park including the retrofitting of 24 withdrawals. Senator MCCAIN, and so many others— detention basins, creation of 30 ground water STATE: WEST VIRGINIA 30 Senators have introduced this legis- infiltration sites, re-vegetation of miles of Exotic Plants lation that allows the reimportation of eroding stream banks, and planting of ripar- ian buffers throughout the watershed. Park Unit: Appalachian National Scenic FDA-approved drugs—produced in Trail. Partners: Non-NPS owners of trail FDA-inspected plants—allows the re- STATE: TENNESSEE lands. Projects/Pest: Variety of exotic plants importation of those lower priced pre- Exotic Plants coming into easements along the trail— scription drugs into this country. It al- Park Unit: Big South Fork National River major problem throughout the length of this lows American consumers to take ad- and Recreation Area. Partners: Tennessee linear park. vantage of the global economy by buy- Division of Forestry and Tennessee State STATE: WYOMING Parks. Project/Pest: Multi-flora rose and ing that FDA-approved drug where it is Aquatic Resources Privet. sold for a fraction of the price. Park Unit: Cumberland Gap National His- Park Unit: Yellowstone National Park. One day, some while ago, on a beau- torical Park. Partners: City of Middlesboro. Partners: State of Montana. Project/Pest: tiful summer day, outside of Oakes, Project/Pest: Privet. Initiate groundwater studies in the Yellow- stone Groundwater Area north of the park. ND, I was meeting with a group of Park Unit: Obed Wild and Scenic River. farmers. At this farmyard, we were sit- Partners: Tennessee Wildlife Resources Agency. Project/Pest: Multi-flora rose and By Mr. DORGAN (for himself, Ms. ting on bales of straw and having a Privet. SNOWE, Mr. GRASSLEY, Mr. KEN- long discussion, and there was one STATE: TEXAS NEDY, Mr. MCCAIN, Ms. STABE- older fellow there in his eighties, early Exotic Plants NOW, Mr. SPECTER, Mr. BINGA- eighties. He said to me: My wife has been suffering from breast cancer for 3 Park Unit: Big Bend National Park. Part- MAN, Ms. COLLINS, Mrs. FEIN- ners: State and Local government, Private STEIN, Mr. DURBIN, Mr. NELSON years. She is an elderly woman bat- landowners and Country of Mexico. Project/ of Florida, Mr. PRYOR, Mr. tling breast cancer now for 3 years. For Pest: Tamarisk along Rio Grande River KOHL, Mr. LEVIN, Mr. SCHUMER, 3 years, we have driven from the south- Drainage. Mr. LEAHY, Mr. OBAMA, Mr. ern part of North Dakota into Canada STATE: UTAH WYDEN, Mr. SANDERS, Mr. to buy Tamoxifen for my wife to treat Exotic Plants KERRY, Mr. BROWN, Mr. FEIN- this breast cancer. She needs this med- Park Unit: Arches National Park. Part- GOLD, Mr. INOUYE, Mrs. LIN- icine to fight the breast cancer, and ners: State and Bureau of Land Management. COLN, Mr. SALAZAR, Mrs. CLIN- the only way we can afford it is for us Project/Pest: Courthouse Wash and Salt TON, Mrs. BOXER, AND Mr. to get in the car and drive to Canada Creek tamarisk. TESTER): and buy Tamoxifen at 20 percent of the Park Unit: Canyonlands National Park. S. 242. A bill to amend the Federal price we would have to pay in this Partners: Private and The Nature Conser- country. vancy. Project/Pest: Dugout Ranch area, food, Drug, and Cosmetic Act with re- tamarisk and knapweed. spect to the importation of prescrip- American consumers should not have Park Unit: Capitol Reef National Park. tion drugs, and for other purposes; to to do that. They ought to be allowed to Partners: Private and U.S. Forest Service. the Committee on Health, Education, reimport prescription drugs that are Projects/Pest: Sulphur Creek and Upper Fre- Labor, and Pensions. made in FDA-approved plants and are mont River, tamarisk. Mr. DORGAN. Mr. President, I have FDA-approved drugs. Park Unit: Zion National Park. Partners: come to the floor for just a couple of The legislation we have introduced Private and State lands. Projects/Pest: minutes to describe a piece of legisla- today is necessary. I do not want Upper and Lower Virgin River, tamarisk. tion that I and Senator OLYMPIA SNOWE American consumers to have to pur- STATE: VIRGINIA have introduced today with 30 of our chase prescription drugs elsewhere. I Exotic Plants colleagues in the Senate dealing with want them to be able to purchase them Park Unit: Colonial National Historical the issue of drug reimportation. in this country at a fair price. The Park. Partners: NGO (Colonial Williamsburg Mr. President, I ask unanimous con- problem is, we are now paying the Foundation). Projects/Pest: kudzu, English ivy, and tree of heaven straddling common sent to show on the floor of the Senate highest prices in the world. If we allow boundary. a couple of bottles. the reimportation, it will put down- Park Unit: Shenandoah National Park. The PRESIDING OFFICER. Without ward pressure on prices in this country. Partners: Private lands (east boundary and objection, it is so ordered. That is our real goal.

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 10, 2007 CONGRESSIONAL RECORD — SENATE S385 Now the Congressional Budget Office NIH and elsewhere that gives them the Our bill would clarify requirements has done a study. They tell us that research base for which a good number that exist under Federal law to ensure brandname drugs cost 35 to 55 percent of those drugs is produced. that agencies produce useful small less in most other countries than they But let me also say that the pharma- business compliance guides that ex- do in the United States. The AARP, ceutical industry owes the American plain, in a readable format, the compli- American Association of Retired Per- consumer a fair deal. We should not be ance requirements of complex rules. sons, has done a study showing the paying the highest prices in the world This ‘‘small,’’ targeted reform, which drugs most frequently used by senior for prescription drugs. It is not fair. would not create any new rules or re- citizens in our country have increased And if the pharmaceutical industry is quirements, would have a major benefit by a 6.3-percent price increase from going to use a global economy in order for small businesses across the coun- June 2005 to June 2006—double the rate to move its commodities and its var- try. of inflation. ious ingredients for prescription drugs In 1996, the Senate passed without op- The Congressional Budget Office esti- around the world to produce in Ireland position the Small Business Regu- mates that if we pas the legislation we or to produce here or in Puerto Rico, latory Enforcement Fairness Act have now introduced today, there will then the American people ought to be (SBREFA) to make the Regulatory be a savings of about $50 billion in di- able to use the global economy to get a Flexibility Act more effective in cur- rect savings over the next decade for better price on FDA-approved drugs. tailing the impact of regulations on American consumers, with $6.1 billion We have waited a long while. I have small businesses. One of the most im- of that savings to the Federal budget. worked on this I guess 6 or 8 years. We portant provisions of SBREFA is a re- So we believe this is important. We have been blocked repeatedly from get- quirement that agencies produce com- have been blocked from getting this ting a vote in the Congress, both in the pliance assistance materials to help small businesses satisfy regulatory ob- legislation through the Congress for House and the Senate. Now we have in- ligations. Unfortunately, over the some long while. The leadership of this troduced, with broad, bipartisan sup- years, agencies have done a poor job of institution supports it. The legislation port, an identical piece of legislation in meeting this requirement. The Govern- is bipartisan—broadly bipartisan. the House and in the Senate. ment Accountability Office (GAO) has Now let me say one other thing. I believe we will get a vote in both found that agencies have ignored this Some people say, and particularly the bodies and pass legislation and send it requirement or failed miserably in pharmaceutical industry says, this to the President of the United States. their attempts to satisfy it. The GAO cannot be done safely, it will jeop- It will save $50 billion over the next has also found that the language of ardize safety for American consumers. decade on prescription drug bills for SBREFA is unclear in some places Well, let me say that the consumers in the American people, save the Federal about what is actually required. Con- the European countries have been Government $5 billion or $6 billion in sequently, small businesses have been doing this for 20, 25 years. There is spending, and give a fair deal to the forced to figure out on their own how something called parallel trading. American people that they will be able to comply with these regulations. This They have been doing it for 20, 25 years to buy prescription drugs at a fair makes compliance that much more dif- without any issues of safety. If you price. ficult to achieve, and therefore reduces want to buy a drug in Spain, and you Mr. President, I look forward to con- the effectiveness of the regulation. live in France, no problem. If you want sideration of this measure in the Sen- The Small Business Compliance As- to buy a drug in Italy, and you live in ate. I am pleased on behalf of my col- sistance Enhancement Act of 2007 Germany, no problem. They have been league Senator SNOWE and myself and a would close those loopholes and re- doing that—called parallel trading—for broad group of Republicans and Demo- quires agencies to produce quality 25 years. Surely, we can accomplish crats in the Senate to push this legisla- compliance assistance materials for that in this country as well. tion. small businesses. Our bill is drawn di- Let me show a couple of charts, brief- I see Senator SANDERS is here, and I rectly from the GAO’s recommenda- ly. know she has worked on this issue for tions and is intended only to clarify an First, Americans are charged the a long while as well. We have a broad, already existing requirement. Simi- highest prices in the world. This one bipartisan group. We are going to push larly, the compliance guides that the chart compares it to Canada: Lipitor, this and get this done in this session of agencies will produce are merely sug- Prevacid, Zocor, Zoloft, Celebrex. I will Congress. gestions about how to satisfy a regula- not go through the entire list. tion’s requirements without imposing Dr. Peter Rost, vice president of mar- By Ms. SNOWE (for herself, Mr. further requirements or additional en- keting for Pfizer, came to Washington, KERRY, Mr. ENZI, and Ms. LAN- forcement measures. Nor does this bill, and here is what he said: DRIEU): in any way, interfere or undercut an The biggest argument against reimporta- S. 246. A bill to enhance compliance agency’s ability to enforce its regula- tion is safety. What everyone has conven- assistance for small business; to the tions to the full extent they currently iently forgotten to tell you is that in Europe Committee on Small Business and En- enjoy. Furthermore, our bill was in- reimportation of drugs has been in place for trepreneurship. cluded as part of the Small Business 20 years. Ms. SNOWE. Mr. President, I have Reauthorization and Improvements He went on to say there is not any long worked to reduce the burden that Act that was unanimously reported out issue of safety. Federal regulations bear on small busi- of the Senate Small Business Com- And, finally, the American Associa- nesses. Over the past twenty years, the mittee in the 109th Congress. tion of Retired Persons endorses the number and complexity of Federal reg- All too often, small businesses do not legislation we have introduced today. I ulations have multiplied at an alarm- maintain the staff, or possess the fi- will not read all of that. ing rate. These regulations impose a nancial resources to comply with com- But the final chart shows what is much more significant impact on small plex Federal regulations. This puts happening with respect to spending on businesses than larger businesses. A re- them at a disadvantage compared to prescription drugs, and where it is cent report prepared for the Small larger businesses, and reduces the ef- heading, and why we ought to do some- Business Administration’s Office of Ad- fectiveness of the agency’s regulations. thing to give consumers the oppor- vocacy found that in 2004, the per-em- If an agency cannot describe how to tunity to see fair prices on prescription ployee cost of Federal regulations for comply with its regulation, how can we drugs. firms with fewer than 20 employees was expect a small business to figure it Miracle drugs offer no miracles to $7,647. That was 44.8 percent more than out? This was the reason the require- those who cannot afford to buy them. I the $5,282 per-employee cost faced by ment to provide compliance assistance have no brief against the pharma- businesses with 500 or more workers. was originally included in SBREFA, ceutical industry. I want them to keep That is why today, I rise with Sen- and this rationale is just as valid today producing lifesaving, miracle drugs for ators KERRY, ENZI, and LANDRIEU to in- as it was in 1996. this country. In fact, we produce a troduce the Small Business Compliance Specifically, our bill would clarify great deal of public spending in the Assistance Enhancement Act of 2007. that a small business compliance guide

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S386 CONGRESSIONAL RECORD — SENATE January 10, 2007 is required whenever an agency deter- an agency would not be able to enforce ‘‘(1) IN GENERAL.—For each rule or group of mines that a rule will have ‘‘a signifi- this procedure if a small business was related rules for which an agency is required cant economic impact on a substantial able to satisfy the requirements to prepare a final regulatory flexibility anal- number of small entities’’. This would through a different approach. ysis under section 605(b) of title 5, United States Code, the agency shall publish 1 or avoid confusion about whether the I ask unanimous consent that the more guides to assist small entities in com- agency should produce a compliance text of the bill be printed in the plying with the rule and shall entitle such guide. RECORD. publications ‘small entity compliance Second, our bill would also clarify There being no objection, the text of guides’. how a guide shall be designated. Under the bill was ordered to be printed in ‘‘(2) PUBLICATION OF GUIDES.—The publica- current law, agencies must ‘‘designate’’ the RECORD, as follows: tion of each guide under this subsection shall include— the publications prepared under the S. 246 ‘‘(A) the posting of the guide in an easily section as small business compliance Be it enacted by the Senate and House of Rep- guides. However, the form in which identified location on the website of the resentatives of the United States of America in agency; and those designations should occur is un- Congress assembled, ‘‘(B) distribution of the guide to known in- clear. This term would be changed to SECTION 1. SHORT TITLE. dustry contacts, such as small entities, asso- ‘‘entitle.’’ Consistent use of the phrase This Act may be cited as the ‘‘Small Busi- ciations, or industry leaders affected by the ‘‘Small Entity Compliance Guide’’ in ness Compliance Assistance Enhancement rule. the title could make it easier for small Act of 2007’’. ‘‘(3) PUBLICATION DATE.—An agency shall entities to locate the guides that the SEC. 2. FINDINGS AND PURPOSES. publish each guide (including the posting and agencies develop. This would also aid (a) FINDINGS.—Congress finds the fol- distribution of the guide as described under in using on line searches—a technology lowing: paragraph (2))— (1) Small businesses represent 99.7 percent ‘‘(A) on the same date as the date of publi- that was not widely used when cation of the final rule (or as soon as possible SBREFA was passed. Thus, agencies of all employers, employ half of all private sector employees, and pay 44.3 percent of after that date); and would be directed to publish guides en- total United States private payroll. ‘‘(B) not later than the date on which the titled ‘‘Small Entity Compliance (2) Small businesses generated 60 to 80 per- requirements of that rule become effective. Guide.’’ cent of net new jobs annually over the last ‘‘(4) COMPLIANCE ACTIONS.— Third, our bill would clarify how a decade. ‘‘(A) IN GENERAL.—Each guide shall explain guide shall be published. SBREFA cur- (3) Very small firms with fewer than 20 em- the actions a small entity is required to take rently requires that agencies ‘‘shall ployees spend nearly 50 percent more per em- to comply with a rule. publish’’ the guides, but it does not in- ployee than larger firms to comply with Fed- ‘‘(B) EXPLANATION.—The explanation under subparagraph (A)— dicate where or how they should be eral regulations. Small firms spend twice as much on tax compliance as their larger ‘‘(i) shall include a description of actions published. At least one agency has pub- counterparts. Based on an analysis in 2004, needed to meet the requirements of a rule, to lished the guides as part of the pre- firms employing fewer than 20 employees enable a small entity to know when such re- amble to the subject rule, thereby re- face an annual regulatory burden of $7,647 quirements are met; and quiring affected small entities to read per employee, compared to a burden of $5,282 ‘‘(ii) if determined appropriate by the the Federal Register to obtain the per employee for a firm with over 500 em- agency, may include a description of possible guides. Under our bill, agencies would ployees. procedures, such as conducting tests, that be directed, at a minimum, to make (4) Section 212 of the Small Business Regu- may assist a small entity in meeting such re- quirements. their compliance guides easily acces- latory Enforcement Fairness Act of 1996 (5 U.S.C. 601 note) requires agencies to produce ‘‘(C) PROCEDURES.—Procedures described sible and available through their small entity compliance guides for each rule under subparagraph (B)(ii)— websites. In addition, agencies would or group of rules for which an agency is re- ‘‘(i) shall be suggestions to assist small en- be directed to forward their compliance quired to prepare a final regulatory flexi- tities; and guides to known industry contacts bility analysis under section 604 of title 5, ‘‘(ii) shall not be additional requirements such as small businesses or associa- United States Code. relating to the rule. tions with small business members (5) The Government Accountability Office ‘‘(5) AGENCY PREPARATION OF GUIDES.—The that will be affected by the regulation. has found that agencies have rarely at- agency shall, in its sole discretion, taking Fourth, our bill also clarifies when a tempted to comply with section 212 of the into account the subject matter of the rule and the language of relevant statutes, ensure guide shall be published. Section 212 of Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 601 note). When that the guide is written using sufficiently SBREFA currently does not indicate agencies did try to comply with that require- plain language likely to be understood by af- when compliance guides should be pub- ment, they generally did not produce ade- fected small entities. Agencies may prepare lished. This means that even if an quate compliance assistance materials. separate guides covering groups or classes of agency was required to produce a com- (6) The Government Accountability Office similarly affected small entities and may co- pliance guide, the agency may claim also found that section 212 of the Small Busi- operate with associations of small entities to that they have not violated that re- ness Regulatory Enforcement Fairness Act develop and distribute such guides. An agen- quirement since there is no deadline of 1996 (5 U.S.C. 601 note) and other sections cy may prepare guides and apply this section with respect to a rule or a group of related established for when they had to of that Act need clarification to be effective. (b) PURPOSES.—The purposes of this Act rules. produce that guide. Under our bill, are the following: ‘‘(6) REPORTING.—Not later than 1 year agencies would be instructed to publish (1) To clarify the requirement contained in after the date of enactment of the Small the compliance guides coincident with, section 212 of the Small Business Regulatory Business Compliance Assistance Enhance- or as soon as possible after, the final Enforcement Fairness Act of 1996 (5 U.S.C. ment Act of 2007, and annually thereafter, rule is published, provided that the 601 note) for agencies to produce small entity the head of each agency shall submit a re- guides must be published no later than compliance guides. port to the Committee on Small Business the effective date of the rule’s compli- (2) To clarify other terms relating to the and Entrepreneurship of the Senate and the requirement in section 212 of the Small Busi- Committee on Small Business of the House ance requirements. of Representatives describing the status of Finally, our bill would clarify the ness Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 601 note). the agency’s compliance with paragraphs (1) phrase ‘‘compliance requirements.’’ At (3) To ensure that agencies produce ade- through (5).’’. a minimum, this term means what a quate and useful compliance assistance ma- (b) TECHNICAL AND CONFORMING AMEND- small business has to do to satisfy the terials to help small businesses meet the ob- MENT.—Section 211(3) of the Small Business regulation, and when they will know ligations imposed by regulations affecting Regulatory Enforcement Fairness Act of 1996 they have met the requirements. This such small businesses, and to increase com- (5 U.S.C. 601 note) is amended by inserting should include a description of the pro- pliance with these regulations. ‘‘and entitled’’ after ‘‘designated’’. cedures a small business might employ. SEC. 3. ENHANCED COMPLIANCE ASSISTANCE If, as is the case with many OSHA and FOR SMALL BUSINESSES. By Mr. BOND: EPA regulations, testing is required, (a) IN GENERAL.—Section 212 of the Small S. 247. A bill to designate the United Business Regulatory Enforcement Fairness the agency should explain how that Act of 1996 (5 U.S.C. 601 note) is amended by States courthouse located at 555 Inde- testing should be conducted. Our bill striking subsection (a) and inserting the fol- pendence Street, Cape Girardeau, Mis- makes clear that the procedural de- lowing: souri, as the ‘‘Rush Hudson Limbaugh, scription should be merely suggestive— ‘‘(a) COMPLIANCE GUIDE.— Sr. United States Courthouse’’; to the

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 10, 2007 CONGRESSIONAL RECORD — SENATE S387 Committee on Environment and Public Education and the Salvation Army Ad- and permanently extend the Work Op- Works. visory Board portunity and the Welfare-to-Work tax Mr. BOND. Mr. President, I rise However, Rush’s contributions were credits. Last year, I was pleased to help today to introduce legislation desig- not just limited to Missouri. In the late enact legislation that consolidated, nating the new Federal Courthouse in 1950’s, Rush served as a U.S. State De- streamlined, and extended these credits Cape Girardeau, MO. as the Rush Hud- partment special envoy to India where through the end of 2007. Now it is time son Limbaugh, Sr. United States he promoted American jurisprudence to make these tax credits permanent. Courthouse. and constitutional government among The current extension expires at the When people talk about the Amer- lawyers, judges and university students end of this year. So immediate action ican Dream, the ‘‘Spirit of America’’ in that newly formed country. And in is needed to make these credits perma- and the people who helped make this the 1960’s, he served as Chairman of the nent and make several improvements country great, all one really has to do American Bar Association’s special to the programs to improve their effec- is mention the name of the late Rush committee on the Bill of Rights. tiveness. Recurring lapses and exten- Hudson Limbaugh Sr. Rush was truly an inspiration and sions make administration of this cred- Mr. Limbaugh led an extraordinary mentor to many aspiring lawyers, espe- it burdensome both for the taxpaying life in which he practiced law for al- cially the ones in his own family. His employer, who cannot keep track of most 80 years until his death at age 104 two sons, Rush Jr. and Steven, both who is or is not qualified, and for the in 1996. At the time of his death, Mr. practiced law with him for many years. IRS, which needs to ensure that tax- Limbaugh was the Nation’s oldest His son, Steven N. Limbaugh, cur- payers are complying with the ever- practicing lawyer and still came into rently serves as a Senior Federal Judge shifting law. Last year, the program work about twice a week at the law in St. Louis. Four of his grandsons fol- lapsed until late December, when Con- firm he founded over 50 years before in lowed in his footsteps and pursued gress finally passed a retroactive ex- Cape Girardeau, MO. legal careers including his grandson tension. Known by his peers as a superb trial Steven Jr. who is now a Missouri Su- Over the past decade, the Work Op- lawyer with impeccable character and preme Court Justice. portunity Tax Credit, WOTC, and the integrity, he was a beloved icon of the Perhaps the best measure of Rush Welfare-to-Work credits have helped Missouri legal community, especially Hudson Limbaugh’ legacy as a lawyer more than 2.2 million public assistance in Southeast Missouri where he lived and as a human being comes from the dependent individuals to enter the all his life. praise and admiration of his peers in workforce. These hiring tax incentives Born in 1891, on a small farm in rural the legal community. ‘‘A top notch all- have demonstrated their effectiveness. Bollinger County, he was the youngest around lawyer; the epitome of what a They help to level the job selection of eight children and attended school lawyer ought to be said one colleague. playing field for low-skilled individ- in a one room primary school house. It ‘‘A legend in his time,’’ said another. uals. They provide employers with ad- is said that a passion for the law first However, his grandson Steven may ditional resources to help recruit, se- developed in Rush as a 10-year-old boy have offered the best possible descrip- lect, train and retain individuals with when a Daniel Webster Oration that he tion of this great citizen: ‘‘He was an significant barriers to work. Many vul- memorized inspired him to become a extraordinary man, exemplary in every nerable individuals still need a boost in lawyer. Fourteen years later, he began way, yet very humble. He was a law- finding employment. And this is par- a legal career that lasted eight dec- yer’s lawyer, a community servant and ticularly important during periods of ades. Throughout those 80 years, his in- a gentle and kind man whose family high unemployment. Without an exten- terest in the law and his dedication to was the very center of his life.’’ sion of these programs, the task of his clients never wavered. It is only fitting that the new Fed- Rush paid his way through college at eral courthouse in Cape Girardeau, transitioning from welfare-to-work the University of Missouri at Columbia Missouri be named after this great hero will become even harder for individuals by working on the university farm and of American Jurisprudence. who reach their welfare eligibility ceil- doing odd jobs such as carpentry, firing I ask unanimous consent that the ing. up furnaces, caring for animals and text of this bill be printed in the Because of the costs involved in set- waiting tables. While in college, his RECORD. ting up and administering a WOTC and oratory skills won him awards which There being no objection, the text of Welfare-to-Work program, employers he later utilized with great success in the bill was ordered to be printed in have established massive outreach pro- the courtroom. the RECORD, as follows: grams to maximize the number of eligi- In 1914, he entered law school, and S. 247 ble persons in their hiring pool. The after two years, he skipped the third Be it enacted by the Senate and House of Rep- States, in turn, have steadily improved year and passed the Missouri Bar ex- resentatives of the United States of America in the programs through improved admin- amination. In 1916, he was admitted Congress assembled, istration. WOTC has become an exam- into the Missouri Bar and his long dis- SECTION 1. RUSH HUDSON LIMBAUGH, SR. ple of a true public-private partnership tinguished legal career began in Cape UNITED STATES COURTHOUSE. design to assist the most needy appli- Girardeau. (a) DESIGNATION.—The United States court- cants. Without the additional resources house located at 555 Independence Street, Over his career, Rush argued more provided by these hiring tax incentives, Cape Girardeau, Missouri, shall be known few employers would actively seek out than 60 cases in front of the Missouri and designated as the ‘‘Rush Hudson Supreme Court along with many Limbaugh, Sr. United States Courthouse’’. this hard-to-employ population. prominent civil cases. He was a spe- (b) REFERENCES.—Any reference in a law, The new combined WOTC and Wel- cialist in probate law and helped draft map, regulation, document, paper, or other fare-to-Work credits provide employers the 1955 Probate Code of Missouri. He record of the United States to the United with a graduated tax credit equal to 25 also tried cases before the Interstate States courthouse referred to in subsection percent of the first $6,000 in wages for (a) shall be deemed to be a reference to the eligible individuals working between Commerce Commission, the U.S. Labor ‘‘Rush Hudson Limbaugh, Sr. United States Board and the Internal Revenue Appel- Courthouse’’. 120 hours and 399 hours and a 40-percent late Division. tax credit on the first $6,000 in wages From 1955 through 1956, he was Presi- By Mr. BAUCUS (for himself and for those working more than 400 hours. dent of the Missouri Bar and later Ms. SNOWE): In the category of longterm welfare re- served as President of the State Histor- S. 248. A bill to amend the Internal cipients, employers receive a maximum ical Society of Missouri. In addition to Revenue Code of 1986 to permanently credit of $4,000, or 40 percent of quali- this, Mr. Limbaugh was a leading mem- extend and modify the work oppor- fied first year wages up to $10,000. Em- ber of numerous legal and civic organi- tunity credit, and for other purposes; ployers receive a maximum credit of zations including the American Bar As- to the Committee on Finance. $5,000, or 50 percent of qualified wages sociation, the Missouri Bar Founda- Mr. BAUCUS. President, I am pleased up to $10,000, for retaining for a second tion, the Missouri Human Rights Com- to join my Colleague, Senator SNOWE, year individuals in the long-term wel- mission, the Cape Girardeau Board of in introducing legislation to improve fare assistance category.

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S388 CONGRESSIONAL RECORD — SENATE January 10, 2007 In my home State of Montana, many When not deployed, many National brought the city together. I’ve also businesses take advantage of this pro- Guardsmen and reservists in Montana seen other cities unite in celebration of gram, including large multinational support their families with second and their teams’ championships. firms and smaller family-owned busi- even third jobs. At any time, they can Our football teams are more than nesses. Those who truly benefit from be deployed overseas, to our borders, or just businesses. They are a common de- the WOTC and Welfare-to-Work pro- even to aid with national disasters nominator that cut across class, race, gram, however, are low-income fami- such as hurricanes or forest fires. If and gender to bond the people of a city. lies under the Food Stamp Program, they are injured or disabled, however, They are a key component of a city’s the Aid to Families with Dependent many become unable to perform the culture and identity. Children, AFDC, and Temporary As- jobs that they did before deployment. There are instances where a city can- sistance for Needy Families, TANF, They will need to transition into a new not support a team, but it is disheart- programs, and also low income U.S. job or career. It is our duty to provide ening when a city that can—and does— Veterans. In Montana, more than 1,000 the proper means for veterans to make support a team is nevertheless aban- people were certified as eligible under that transition. It is our duty to help doned and the loyalty of the fans dis- carded. the WOTC program during an 18-month them to live as independent citizens. In 1985, then 49ers owner Eddie period, October 2001 through March Since August 2002, the share of vet- DeBartolo explored the possibility of 2003, including 476 Food Stamp recipi- erans collecting unemployment insur- ents, 475 AFDC or TANF recipients, moving the team to San Jose. As ance has nearly doubled. During any Mayor of San Francisco, I worked with and 52 U.S. veterans. given year, half a million veterans The bill that we are introducing the 49ers and we were able to reach an across the Nation experience homeless- today provides for a permanent pro- agreement to keep the team in San ness. We are not providing enough re- gram extension of the combined cred- Francisco. sources for veterans looking for work. its. After a decade of experience with Today, I remain hopeful that an WOTC and Welfare-to- Work, we know We are too often failing our injured and agreement to keep the team will be that employers do respond to these im- our disabled veterans. reached that will benefit the people of portant hiring tax incentives. Perma- Many seriously injured and disabled San Francisco and the 49ers’ organiza- nent extension would provide these veterans simply do not know what they tion. programs with greater stability, there- are going to do once they return home. However, this situation highlights a by encouraging more employers to par- We need to help these young men and broader trend of NFL teams aban- ticipate, make investments in expand- women. And a modest tax incentive to doning cities after those communities ing outreach to identify potential get them back into the workforce is invested substantial funds and good workers from the targeted groups, and one place to start. will into a team. avoid the wasteful disruption of termi- I look forward to working with Sen- This persistent movement is bad for nation and renewal. A permanent ex- ator SNOWE to get a permanent work our cities. In the last 25 years, National Foot- tension would also encourage the state incentive for these individuals. And I ball League teams have moved 7 times: job services to invest the resources encourage our Colleagues to join us in Oakland Raiders to Los Angeles in 1982, needed to make the certification proc- this effort. Baltimore Colts to Indianapolis in 1984, ess more efficient and employer-friend- By Mrs. FEINSTEIN: St. Louis Cardinals to Tempe in 1988, ly. Los Angeles Rams to St. Louis in 1994, Finally, there are other changes in S. 249. A bill to permit the National Los Angeles Raiders to Oakland in 1994, the bill that would extend these bene- Football League to restrict the move- Cleveland Browns to Baltimore in 1996, fits to more people and help them find ment of its franchises, and for other purposes; to the Committee on the Ju- and Houston Oilers to Nashville in 1997. work. One change would increase the However, during that same time pe- age of eligibility for those individuals diciary. Mrs. FEINSTEIN. Mr. President, last riod only 1 Major League Baseball fran- seeking work who reside in enterprise chise moved. In 2004, with the approval zones or empowerment communities. November, John York, the owner of the San Francisco 49ers, announced his in- of Major League Baseball, the Mon- Another change would include referrals treal Expos became the Washington from the Ticket to Work program in tention to move the team to Santa Clara. Nationals. the Vocational Rehabilitation cat- Why has there been stability in base- egory. These two changes are modest The 49ers have been an integral part of San Francisco for the past 60 years. ball, while National Football League improvements to the program. teams have moved so frequently? Further, this bill adds a new sub- The team was founded in 1946 as part of the All-American Football Conference Unlike the NFL, Major League Base- category with an enhanced credit for ball has an antitrust exemption which employers who hire veterans with serv- and joined the National Football League in 1950, when the two leagues gives the league and its owners control ice-connected disabilities occurring on over the movement of its teams. merged. or after September 11, 2001. As of July When the Oakland Raiders sought to The team’s name is derived from the 2006, nearly 20,000 members of our relocate to Los Angeles in 1982, the Na- city’s history, celebrating the miners Armed Forces were wounded in action tional Football League’s owners voted who rushed to San Francisco in search in Operation Iraqi Freedom and Oper- to prevent the move. However, the ation Enduring Freedom. Many of of gold in 1849 and helped build the courts found that the NFL’s interven- these veterans are now permanently city. tion was a violation of antitrust laws, disabled. Of these brave men and The team has been a part of San and the League could do nothing to women who have been wounded, nearly Francisco for so long, and is such a prevent the Raiders from moving. 5,000 are members of the National central part of its culture, that the Just 12 years later, the Raiders left Guard and Reserves. Our National prospect of the team leaving concerns Los Angeles to return to the same city Guard and Reserves are carrying a many of the people of San Francisco. and stadium it had abandoned. huge burden in our current conflicts In response, I am introducing the If a city is incapable of supporting a abroad. Football Fairness Act that provides a team, it is understandable that a fran- Many of these wounded veterans new and limited antitrust exemption chise would move. However, of the six come from rural States such as my that is designed to slow the frequent cities that have seen National Football home State of Montana. In Montana, movement of National Football League League teams leave in the last 25 we have the highest proportion of vet- teams and prevent communities from years, five of those cities later received erans per capita of any state. Accord- suffering the financial and intangible another NFL franchise. ing to the most recent census, veterans costs of these moves. It is clear that NFL teams are not account for nearly one out of every six As Mayor of San Francisco, I had the moving because cities cannot support people in Montana. And veterans and pleasure of witnessing several 49ers’ teams. families of veterans constitute a sig- Super Bowl victory parades. To address the real costs imposed on nificant portion of the population in What I remember most about those communities by the persistent and un- rural states throughout the country. victories is the way the team’s success necessary franchise movement that we

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 10, 2007 CONGRESSIONAL RECORD — SENATE S389 have witnessed, I am introducing the cable Federal or State law relating to broad- While we have seen this landmark Football Fairness Act. casting or telecasting, including section 1 of progress, it has not come without dif- The Football Fairness Act is Public Law 87–331 (15 U.S.C. 1291), any agree- ficulty. Yet today seniors are saving straightforward and it is limited. ment between the National Football League substantially on their prescription or its member teams, and any person not af- It would permit the National Foot- filiated with the National Football League drugs and we see reports that four of ball League to review and restrict its for the broadcasting or telecasting of the five enrollees are pleased with the as- teams’ movement. This should help games of the National Football League or its sistance they are receiving. keep the fans who support the NFL member teams on any form of television; It is undoubtedly the help they are from being left out of the equation. (3) affect any contract, or provision of a getting which has resulted in such sat- The Act is targeted. It limits the ex- contract, relating to the use of a stadium or isfaction. Because the confusion, the emption from antitrust laws solely to arena between a member team and the owner complexity, and often a lack of over- the National Football League’s ability or operator of any stadium or arena or any sight on the plans has created some se- other person; rious consumer issues which we will to prevent the movement of its fran- (4) exempt from the antitrust laws any chises. Consequently, the Act will not agreement to fix the prices of admission to continue to address. But today the first diminish competition. National Football League games; issue before us is the cost of prescrip- I urge my colleague to support the (5) exempt from the antitrust laws any tion drugs in the plans. Football Fairness Act and help prevent predatory practice or other conduct with re- Over 3 years ago the Congress was the damage done to fans and commu- spect to competing sports leagues that would given a price tag for this benefit that nities by frequent NFL franchise move- otherwise be unlawful under the antitrust was simply unrealistic. Recognizing an ment. laws; or absence of cost management, I joined (6) except as provided in this Act, alter, de- I ask unanimous consent that the with Senator WYDEN to address the es- termine, or otherwise affect the applicability text of the bill be printed in the or inapplicability of the antitrust laws to calating cost projections we were see- RECORD. any act, contract, agreement, rule, course of ing. Today, some say all is well, as we There being no objection, the text of conduct, or other activity by, between, or hear that the estimated cost of the the bill was ordered to be printed in among persons engaging in, conducting, or benefit declined somewhat from a peak the RECORD, as follows: participating in professional football. estimate of about $720 billion over 10 S. 249 (b) ANTITRUST LAWS.—As used in this sec- years. Yet I must note that some of the tion, the term ‘‘antitrust laws’’ has the Be it enacted by the Senate and House of Rep- reasons for that reduction are too meaning given to such term in the first sec- quickly glossed over. Enrollment is resentatives of the United States of America in tion of the Clayton Act (15 U.S.C. 12) and in Congress assembled, the Federal Trade Commission Act (15 U.S.C. lower than it was estimated to be as SECTION 1. SHORT TITLE. 41 et seq.). more Americans chose to stay in pri- This Act may be cited as the ‘‘Football vate coverage. We also saw this past Fairness Act of 2007’’. By Ms. SNOWE (for herself and year that we failed to reach many of SEC. 2. FINDINGS. Mr. WYDEN): those low income seniors who most The Congress finds that— S. 250. A bill to reduce the costs of needed help. Today as seniors enter (1) National Football League teams foster prescription drugs for Medicare bene- their first full year of coverage, we will a strong local identity with the people of the ficiaries and to guarantee access to see a more realistic year—particularly cities and regions in which they are located, comprehensive prescription drug cov- providing a source of civic pride for their in terms of more beneficiaries facing supporters; erage under part D of the Medicare pro- the donut hole. (2) National Football League teams pro- gram, and for other purposes; to the We have heard estimates that the av- vide employment opportunities, revenues, Committee on Finance. erage senior is saving an average of and a valuable form of entertainment for the Mrs. SNOWE. Mr. President, today I $1,000 per year, but we should ask how cities and regions in which they are located; join with my colleague and friend Sen- that savings is being achieved. The dis- (3) there are significant public investments ator RON WYDEN, to introduce legisla- covery by many seniors—when they associated with National Football League fa- tion which we have sponsored since reached the donut hole—that their cost cilities; 2004 to ensure the sound fiscal manage- of medications was the same or even (4) it is in the public interest to encourage the National Football League to operate ment of our Medicare prescription drug higher than what they paid prior to en- under policies that promote stability among benefit. Together we both supported rolling in Part D—that should be a red its member teams and to promote the equi- the enactment of the Medicare Mod- flag that we may not be seeing the pur- table resolution of disputes arising from the ernization Act in 2003 (MMA), and we chasing power of seniors harnessed for proposed relocation of National Football remain committed to seeing our sen- the savings they deserve. League teams; and iors able to rely on a high quality, af- Back in 2005 the Medicare Actuary (5) National Football League teams travel fordable benefit. had estimated that drug plans would in interstate to compete and utilize mate- Today millions of American seniors negotiate a discount of about 15 per- rials shipped in interstate commerce, and are at last receiving assistance with cent off undiscounted retail prices. So National Football League games are broad- cast nationally. the high cost of prescription drugs. For last year we were curious—just how SEC. 3. CLARIFICATION OF ANTITRUST LAWS RE- so many, that will make a difference were they doing in Maine? My staff LATED TO RELOCATION. between choosing whether to take compared prices for the top 24 medica- It shall not be unlawful by reason of any needed medications and the other ne- tions used by seniors and found that provision of the antitrust laws for the Na- cessities of life. We have indeed come a our plan prices for those medications tional Football League to enforce rules au- very long way. We look forward to real- averaged less than 12 percent below the thorizing the membership of the league to izing all the incredible benefits of this price any senior could already obtain, decide that a member club of such league coverage as we see the results of more by simply walking into a retail phar- shall not be relocated. affordable access to prescription macy. That is not even using member- SEC. 4. INAPPLICABILITY TO CERTAIN MATTERS. drugs—better health for our seniors, ship or association discounts, or using (a) IN GENERAL.—Nothing contained in this Act shall— and substantial health care savings. an on-line pharmacy like Drug- (1) alter, determine, or otherwise affect the This new benefit marks a milestone store.com—where seniors could obtain applicability or inapplicability of the anti- for Medicare. And that is an apt anal- better prices. That result—finding a trust laws, the labor laws, or any other pro- ogy because today Part D represents a single senior could do better than a vision of law relating to the wages, hours, or landmark, not a destination. There is plan—is certainly disappointing. other terms and conditions of employment of no doubt that this benefit is not all it That points to a system that is work- players in the National Football League, to could or should be, but it is a giant ing well in terms of subsidy, but cer- any employment matter regarding players in step forward in helping millions of sen- tainly needs to improve in terms of ne- the National Football League, or to any col- iors to afford medications which are so gotiating substantial discounts. But we lective bargaining rights and privilege of any player union in the National Football essential to health care today. For are told that the cost of the benefit is League; modem drugs not only treat disease, lower, and that premiums were stable (2) alter or affect the applicability or inap- but actually can prevent its develop- this year. Yet if you ask what stand- plicability of the antitrust laws or any appli- ment. alone drug coverage actually costs this

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S390 CONGRESSIONAL RECORD — SENATE January 10, 2007 year, CMS will tell you that those pre- on those products it made possible, so in a prescription drug plan under part D of miums have gone up about 10 percent. the Secretary should weigh in those title XVIII of the Social Security Act that Not unlike increases in the deductible, cases. provides only basic prescription drug cov- the size of the donut hole, and out-of- Finally, our bill protects bene- erage have access to under such plans. ficiaries by assuring that seniors will (2) ANNUAL REPORT.—Not later than Octo- pocket expense. As Senator WYDEN and ber 1, 2007, and annually thereafter, the I learned from GAO reports we have re- have access to a comprehensive cov- Comptroller General shall submit to Con- ceived, the prices of drugs used by sen- erage option—at least one plan in each gress a report on the study conducted under iors have inexorably increased since region must provide the option to paragraph (1), together with such rec- 2000 at two to three times the inflation avoid the coverage gap, dreaded ‘‘donut ommendations as the Comptroller General rate. hole’’. Today seniors in 11 States sim- determines appropriate. So the costs of this program will re- ply cannot obtain such coverage and SEC. 3. INCLUSION OF AVERAGE AGGREGATE they must at least have the option of BENEFICIARY COSTS AND SAVINGS main a concern. Most of us envisioned IN COMPARATIVE INFORMATION that not only would the taxpayer con- protecting themselves. FOR BASIC MEDICARE PRESCRIP- tribute to helping seniors with drug ex- These are reasonable ways to help TION DRUG PLANS. penses, but we would realize substan- plans succeed, and to protect both Section 1860D–1(c)(3) of the Social Security tial savings from lower prices on pre- beneficiaries and taxpayers within the Act (42 U.S.C. 1395w–101(c)(3)) is amended— scription drugs. public-private partnership on which (1) in subparagraph (A)— (A) in the matter preceding clause (i), by YDEN this benefit rests. That is why Senator W and I striking ‘‘subparagraph (B)’’ and inserting proposed to achieve some balance in I call on my colleagues to join us in ‘‘subparagraphs (B) and (C)’’; and the public private partnership which is this effort, so that we may improve the (B) by adding at the end the following new Part D today, and it is why today we partnership between private enterprise clause: are again introducing the Medicare En- and the Federal Government in serving ‘‘(vi) AVERAGE AGGREGATE BENEFICIARY hancements for Needed Drugs Act—the our seniors. COSTS AND SAVINGS.—With respect to plan MEND Act. In this drug benefit the I ask consent that the bill’s text be years beginning on or after January 1, 2008, HHS Secretary should have a proper printed in the CONGRESSIONAL RECORD. the average aggregate costs, including deductibles and other cost-sharing, that a role in negotiation. Negotiation, not There being no objection, the text of the bill was ordered to be printed in beneficiary will incur for covered part D price setting. drugs in the year under the plan compared to the RECORD, as follows: It is clear that what the Congress in- the average aggregate costs that an eligible tended to do was to create a true pub- S. 250 beneficiary with no prescription drug cov- lic-private partnership, utilizing com- Be it enacted by the Senate and House of Rep- erage will incur for covered part D drugs in petitive forces to bring more choices to resentatives of the United States of America in the year.’’; and seniors—in drugs, benefit plan designs, Congress assembled, (2) by adding at the end the following new pharmacies, and more. So seniors can SECTION 1. SHORT TITLE. subparagraph: This Act may be cited as the ‘‘Medicare vote with their pocketbooks, and we ‘‘(C) AVERAGE AGGREGATE BENEFICIARY Enhancements for Needed Drugs Act of COSTS AND SAVINGS INFORMATION ONLY FOR can see their choices in the market in- 2007’’. BASIC PRESCRIPTION DRUG PLANS.—The Sec- fluence the kind of benefit they re- SEC. 2. GAO STUDIES AND REPORTS ON PRICES retary shall not provide comparative infor- ceive. That is not the same as a system OF PRESCRIPTION DRUGS. mation under subparagraph (A)(vi) with re- in which the government sets prices, (a) REVIEW AND REPORTS ON RETAIL PRICES spect to— and that is why our legislation specifi- OF PRESCRIPTION DRUGS.— ‘‘(i) a prescription drug plan that provides cally bans such a practice. Under our (1) INITIAL REVIEW.—The Comptroller Gen- supplemental prescription drug coverage; or legislation, the Federal Government eral of the United States shall conduct a re- ‘‘(ii) a Medicare Advantage plan.’’. view of the retail cost of prescription drugs cannot set either prices or SEC. 4. NEGOTIATING FAIR PRICES FOR MEDI- in the United States during 2000 through CARE PRESCRIPTION DRUGS. formularies—that is absolutely clear. 2006, with an emphasis on the prescription (a) IN GENERAL.—Section 1860D–11 of the What I believe most of us desire to do drugs most utilized for individuals age 65 or Social Security Act (42 U.S.C. 1395w–111) is is give the present system the best older. amended by striking subsection (i) (relating tools to achieve success. That means (2) SUBSEQUENT REVIEW.—After conducting to noninterference) and by inserting the fol- that the Secretary must have an over- the review under paragraph (1), the Comp- lowing: sight role. He should be examining per- troller General shall continuously review the ‘‘(i) AUTHORITY TO NEGOTIATE PRICES WITH formance and pointing out where plans retail cost of such drugs through December MANUFACTURERS.— 31, 2010, to determine the changes in such ‘‘(1) IN GENERAL.—In order to ensure that need to improve. But today if he no- costs. beneficiaries enrolled under prescription ticed a product on which poor dis- (3) REPORTS.— drug plans and MA–PD plans pay the lowest counts were being achieved, and he at- (A) INITIAL REVIEW.—Not later than 90 days possible price, the Secretary shall have au- tempted to discuss that publicly, he after the date of enactment of this Act, the thority similar to that of other Federal enti- would likely be accused of interference. Comptroller General shall submit to Con- ties that purchase prescription drugs in bulk Further, if a plan reported intran- gress a report on the initial review con- to negotiate contracts with manufacturers of sigence in trying to negotiate with a ducted under paragraph (1). covered part D drugs, consistent with the re- manufacturer, the Secretary could not (B) SUBSEQUENT REVIEW.—Not later than quirements and in furtherance of the goals of April 1 of 2008, 2009, 2010, and 2011, the Comp- providing quality care and containing costs respond. That makes no sense. It is a troller General shall submit to Congress a under this part. disservice taxpayers, beneficiaries, and report on the subsequent review conducted ‘‘(2) MANDATORY RESPONSIBILITIES.—The the plans as well. under paragraph (2). Secretary shall be required to— Our legislation rescinds the ‘‘non-in- (b) ANNUAL GAO STUDY AND REPORT ON RE- ‘‘(A) negotiate contracts with manufactur- terference’’ clause and directs the Sec- TAIL AND ACQUISITION PRICES OF CERTAIN ers of covered part D drugs when the drug is retary to negotiate for any necessary PRESCRIPTION DRUGS.— a single source drug without a therapeutic fallback plan, and in addition, to re- (1) ONGOING STUDY.—The Comptroller Gen- equivalent; spond to requests for help from plans eral of the United States shall conduct an ‘‘(B) participate in the negotiation of con- ongoing study that compares the average re- tracts with respect to any covered part D which cannot obtain reasonable nego- tail cost in the United States for each of the drug upon the request of an approved pre- tiation. 20 most utilized prescription drugs for indi- scription drug plan or MA–PD plan; We have also added two additional viduals age 65 or older with— ‘‘(C) participate in the negotiation of con- areas in which the Secretary must ne- (A) the average price at which private tracts for any covered part D drugs for which gotiate. First, as the CBO has stated health plans acquire each such drug; there is a substantial amount of Federal re- that negotiation of single-source drugs (B) the average price at which the Depart- search funding in the development of the could yield savings, our legislation di- ment of Defense under the Defense Health drug; and rects the Secretary to engage in nego- Program acquires each such drug; ‘‘(D) negotiate contracts with manufactur- tiation regarding those unique prod- (C) the average price at which the Depart- ers of covered part D drugs for each standard ment of Veterans Affairs under the laws ad- fallback prescription drug plan under sub- ucts. We also know that some drugs ministered by the Secretary of Veterans Af- section (g) and each comprehensive fallback exist because the taxpayer provides fairs acquires each such drug; and prescription drug plan under subsection (k). substantial support to see them devel- (D) the average negotiated price for each ‘‘(3) RULE OF CONSTRUCTION.—Nothing in oped. The public deserves a fair price such drug that eligible beneficiaries enrolled paragraph (2) shall be construed to limit the

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 10, 2007 CONGRESSIONAL RECORD — SENATE S391 authority of the Secretary under paragraph ‘‘(A) meets the requirements to be a PDP such provisions apply to standard fallback (1) to the mandatory responsibilities under sponsor (or would meet such requirements prescription drug plans and entities offering paragraph (2). but for the fact that the entity is not a risk- such plans. ‘‘(4) NO PARTICULAR FORMULARY OR PRICE bearing entity); and ‘‘(7) SAME ENTITY MAY OFFER BOTH FALL- STRUCTURE.—In order to promote competi- ‘‘(B) does not submit a bid under section BACK PRESCRIPTION DRUG PLANS IN AN AREA.— tion under this part and in carrying out this 1860D–11(b) for any prescription drug plan for The Secretary may award a contract to an part, the Secretary may not require a par- any PDP region for the first year of such entity under this subsection with respect to ticular formulary or institute a price struc- contract period. an area and period and a contract under sub- ture for the reimbursement of covered part D For purposes of subparagraph (B), an entity section (g) with respect to the same area and drugs. shall be treated as submitting a bid with re- period.’’. ‘‘(5) USE OF SAVINGS.—The savings to the spect to a prescription drug plan if the enti- (c) CONFORMING AMENDMENTS.— Medicare Prescription Drug Account through ty is acting as a subcontractor of a PDP (1) ACCESS.—Section 1860D–3 of the Social the use of the authority provided under this sponsor that is offering such a plan. The pre- Security Act (42 U.S.C. 1395w–103) is amend- subsection (including the mandatory respon- vious sentence shall not apply to entities ed— sibilities under paragraph (2)) shall be used that are subcontractors of an MA organiza- (A) in subsection (a)— to strengthen the program under this part tion except insofar as such organization is (i) in paragraph (1)(A) of subsection (a), as and to reduce the Federal deficit.’’. acting as a PDP sponsor with respect to a redesignated by subsection (a), by inserting (b) EFFECTIVE DATE.—The amendment prescription drug plan. ‘‘standard’’ before ‘‘fallback’’; made by this section shall take effect on the ‘‘(3) FALLBACK SERVICE AREA.—For pur- (ii) in paragraph (2), by striking ‘‘para- date of enactment of this Act. poses of this subsection, the term ‘com- graph (1)’’ and inserting ‘‘paragraph (1)(A)’’; SEC. 5. ACCESS TO A COMPREHENSIVE MEDI- prehensive fallback service area’ means, for and CARE PRESCRIPTION DRUG PLAN. a PDP region with respect to a year, any (B) in subsection (b)(2), by striking ‘‘fall- (a) REQUIREMENT FOR ACCESS.—Section area within such region for which the Sec- back prescription drug plan for that area 1860D–3(a) of the Social Security Act (42 retary determines before the beginning of under section 1860D–11(g)’’ and inserting U.S.C. 1395w–103(a)) is amended— the year that the access requirements of the ‘‘standard or comprehensive fallback pre- (1) in paragraph (1)— first sentence of section 1860D–3(a)(1)(B) will scription drug plan for that area under sub- (A) by striking ‘‘CHOICE OF AT LEAST TWO not be met for part D eligible individuals re- sections (g) and (k) of section 1860D–11, as ap- PLANS IN EACH AREA.—The Secretary’’ and in- siding in the area for the year. plicable’’. serting ‘‘CHOICE (2) LIMITED RISK PLANS.—Section 1860D– ‘‘(4) COMPREHENSIVE FALLBACK PRESCRIP- ‘‘(A) CHOICE OF AT LEAST TWO PLANS IN EACH 11(f) of the Social Security Act (42 U.S.C. TION DRUG PLAN.—For purposes of this part, 1395w–111(f)) is amended— AREA.—The Secretary’’; and the term ‘comprehensive fallback prescrip- (A) in paragraph (1)— (B) by adding at the end the following new tion drug plan’ means a prescription drug (i) by striking ‘‘1860D–3(a)’’ and inserting subparagraph: plan that— ‘‘1860D–3(a)(1)(A)’’; and ‘‘(B) CHOICE OF A COMPREHENSIVE PRESCRIP- ‘‘(A) offers the standard prescription drug (ii) by inserting ‘‘standard’’ before ‘‘fall- TION DRUG PLAN.—In addition to the require- coverage and access to negotiated prices de- back’’; and ment under subparagraph (A), the Secretary scribed in section 1860D–2(a)(1)(A); (B) in paragraph (2)(A), by striking ‘‘1860D– shall ensure that each part D eligible indi- ‘‘(B) offers coverage of covered part D 3(a)’’ and inserting ‘‘1860D–3(a)(1)(A)’’; and vidual has available a choice of enrollment drugs after an individual has reached the ini- in a comprehensive prescription drug plan (C) in each of subparagraphs (A) and (B) of tial coverage limit under paragraph (3) of paragraph (4), by striking ‘‘a fallback’’ and (as defined in paragraph (4)) in the area in section 1860D–2(b) but has not reached the which the individual resides. In any such inserting ‘‘a standard or comprehensive fall- annual out-of-pocket threshold under para- back’’. case in which such a plan is not available, graph (4)(B) of such section that is the same (3) STANDARD FALLBACK PRESCRIPTION DRUG the part D eligible individual shall be given as the coverage for such drugs that is offered PLAN.—Section 1860D–11(g) of the Social Se- the opportunity to enroll in a comprehensive after the individual has met the deductible fallback prescription drug plan.’’; and curity Act (42 U.S.C. 1395w–111(g)) is amend- under paragraph (1) of such section but has ed— (2) by adding at the end the following new not reached such initial coverage limit; and paragraph: (A) in the heading, by inserting ‘‘STANDARD ‘‘(C) meets such other requirements as the PRESCRIPTION DRUG’’ after ‘‘ACCESS TO’’; ‘‘(4) COMPREHENSIVE PRESCRIPTION DRUG Secretary may specify. PLAN.—For purposes of this section, the term (B) by inserting ‘‘STANDARD’’ before ‘‘FALL- ‘‘(5) MONTHLY BENEFICIARY PREMIUM.—Ex- BACK’’ each place it appears; ‘comprehensive prescription drug plan’ cept as provided in section 1860D–13(b) (relat- means a prescription drug plan that provides (C) by striking ‘‘FALLBACK’’ each place it ing to late enrollment penalty) and subject appears and inserting ‘‘STANDARD FALL- coverage of covered part D drugs after an in- to section 1860D–14 (relating to low-income dividual has reached the initial coverage BACK’’; assistance), the monthly beneficiary pre- (D) by inserting ‘‘standard’’ before ‘‘fall- limit under paragraph (3) of section 1860D– mium to be charged under a comprehensive 2(b) but has not reached the annual out-of- back’’ each place it appears; and fallback prescription drug plan offered in all (E) in paragraph (3), by striking ‘‘1860D– pocket threshold under paragraph (4)(B) of comprehensive fallback service areas in a such section that is the same as the coverage 3(a)’’ and inserting ‘‘1860D–3(a)(1)(A)’’. PDP region shall be uniform and shall be an (4) ANNUAL REPORT.—Section 1860D–11(h) of for such drugs that is provided under the amount equal to— plan after the individual has met the deduct- the Social Security Act (42 U.S.C. 1395w– ‘‘(A) 25.5 percent of an amount equal to the 111(h)) is amended by striking ‘‘(f) and (g)’’ ible under paragraph (1) of such section but Secretary’s estimate of the average monthly has not reached such initial coverage and inserting ‘‘(f), (g), and (k)’’. per capita actuarial cost, including adminis- (5) LIMITATION ON ENTITIES OFFERING FALL- limit.’’. trative expenses, under the comprehensive (b) COMPREHENSIVE FALLBACK PRESCRIP- BACK PRESCRIPTION DRUG PLANS.—Section fallback prescription drug plan of providing TION DRUG PLAN.—Section 1860D–11 of the So- 1860D–12(b)(2) of the Social Security Act (42 cial Security Act (42 U.S.C. 1395w–111) is the coverage described in paragraph (4)(A) in U.S.C. 1395w–112(b)(2)) is amended— amended by adding at the end the following the region, as calculated by the Chief Actu- (A) in the matter preceding subparagraph new subsection: ary of the Centers for Medicare & Medicaid (A), by striking ‘‘a fallback’’ and inserting ‘‘(k) GUARANTEEING ACCESS TO COMPREHEN- Services; and ‘‘a standard or comprehensive fallback’’; SIVE COVERAGE.— ‘‘(B) 100 percent of an amount equal to the (B) in subparagraph (A)— ‘‘(1) SOLICITATION OF BIDS.—Separate from Secretary’s estimate of the average monthly (i) by striking ‘‘section 1860D–11(g)’’ and in- the bidding process under subsections (b) and per capita actuarial cost, including adminis- serting ‘‘subsection (g) or (k) of section (g), the Secretary shall provide for a process trative expenses, under the comprehensive 1860D–11’’; for the solicitation of bids from eligible com- fallback prescription drug plan of providing (ii) by striking ‘‘such section’’ and insert- prehensive fallback entities (as defined in the coverage described in paragraph (4)(B) in ing ‘‘such subsections, as applicable’’; and paragraph (2)) for the offering in all com- the region, as calculated by the Chief Actu- (iii) by striking ‘‘a fallback’’ and inserting prehensive fallback service areas (as defined ary of the Centers for Medicare & Medicaid ‘‘a standard or comprehensive fallback’’; in paragraph (3)) in one or more PDP regions Services. (C) in subparagraph (B), by striking ‘‘a fall- of a comprehensive fallback prescription In calculating such administrative expenses, back’’ and inserting ‘‘a standard or com- drug plan (as defined in paragraph (4)) during the Chief Actuary shall use a factor that is prehensive fallback’’; the contract period specified in subsection based on similar expenses of prescription (D) in subparagraph (C), by striking ‘‘a (g)(5) (as made applicable to this subsection drug plans that are not standard or com- fallback’’ and inserting ‘‘a standard or com- under paragraph (6)). prehensive fallback prescription drug plans. prehensive fallback’’ and ‘‘(2) ELIGIBLE COMPREHENSIVE FALLBACK EN- ‘‘(6) INCORPORATION OF STANDARD FALLBACK (E) in the flush matter following subpara- TITY.—For purposes of this section, the term PRESCRIPTION DRUG PLAN PROVISIONS.—The graph (C), by striking ‘‘a fallback’’ and in- ‘eligible comprehensive fallback entity’ provisions of paragraphs (1)(B), (5), and (7) of serting ‘‘a standard or comprehensive fall- means, with respect to all comprehensive subsection (g) shall apply to comprehensive back’’. fallback service areas in a PDP region for a fallback prescription drug plans and entities (6) COLLECTION OF PREMIUM.—Section contract period, an entity that— offering such plans in the same manner as 1860D–13(c)(3) of the Social Security Act (42

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S392 CONGRESSIONAL RECORD — SENATE January 10, 2007 U.S.C. 1395w–113(c)(3)) is amended by striking The Congressional Budget Office has raise. And that situation was not ‘‘a fallback’’ and inserting ‘‘a standard or stated there might be savings achieved unique. comprehensive fallback’’. if the Secretary could negotiate for As I have noted in the past, getting a (7) PAYMENT.—Section 1860D–15(g) of the single source drugs for which there is vote on the annual congressional pay Social Security Act (42 U.S.C. 1395w–115(g)) is raise is a haphazard affair at best, and amended by striking ‘‘offering’’ and all that no therapeutic equivalent. To be good follows and inserting the following: ‘‘offer- stewards of taxpayer dollars, to be able it should not be that way. The burden ing.— to strengthen the program and to help should not be on those who seek a pub- ‘‘(1) a standard prescription drug plan (as seniors truly save, we must look to- lic debate and recorded vote on the defined in paragraph (4) of section 1860D– ward using every logical tool to lower Member pay raise. On the contrary, 11(g)), the amount payable shall be the costs. Not to try to achieve lower Congress should have to act if it de- amounts determined under the contract for prices in areas identified as potentially cides to award itself a hike in pay. This such plan pursuant to paragraph (5) of such saving the program, taxpayers and sen- process of pay raises without account- section; and ability must end. ‘‘(2) a comprehensive prescription drug iors would be foolish. I don’t know of a single private enti- This issue is not a new question. It plan (as defined in paragraph (4) of section was something that our Founders con- 1860D–11(k)), the amount payable shall be the ty, whether it’s a timber company in amounts determined under the contract for my home State of Oregon, or a big auto sidered from the beginning of our Na- such plan pursuant to such paragraph (5) (as company, who when they’re buying tion. In August of 1789, as part of the made applicable to section 1860D–11(k) under something in bulk doesn’t say, hey pal, package of 12 amendments advocated paragraph (6) of such section).’’. how about a discount? So why by James Madison that included what (8) PAYMENT FROM ACCOUNT.—Section shouldn’t Medicare, if it needs to nego- has become our Bill of Rights, the 1860D–16(b)(1)(B) of the Social Security Act tiate, have that authority just in case? House of Representatives passed an (42 U.S.C. 1395w–116(b)(1)(B)) is amended by amendment to the Constitution pro- inserting ‘‘standard and comprehensive’’ be- Why wouldn’t we want to assure that Medicare can be a smart shopper? viding that Congress could not raise its fore ‘‘fallback’’. pay without an intervening election. (9) DEFINITION.—Section 1860D–41(a)(5) of I look forward to working with my the Social Security Act (42 U.S.C. 1395w– colleagues as the Senate Finance Com- On September 9, 1789, the Senate 151(a)(5)) is amended to read as follows: mittee works on this issue. passed that amendment. In late Sep- ‘‘(5) STANDARD FALLBACK PRESCRIPTION tember of 1789, Congress submitted the DRUG PLAN; COMPREHENSIVE FALLBACK PRE- By Mr. FEINGOLD: amendments to the States. SCRIPTION DRUG PLAN.—The terms ‘standard S. 252. A bill to repeal the provision Although the amendment on pay fallback prescription drug plan’ and ‘com- of law that provides automatic pay ad- raises languished for two centuries, in prehensive fallback prescription drug plan’ justments for Members of Congress; to the 1980s, a campaign began to ratify have the meaning given those terms in sub- the Committee on Homeland Security it. While I was a member of the Wis- section (g)(4) and (k)(4), respectively, of sec- consin State Senate, I was proud to tion 1860D–11.’’. and Governmental Affairs. (d) EFFECTIVE DATE.—The amendments Mr. FEINGOLD. Mr. President, I am help ratify the amendment. Its ap- made by this section shall take effect on pleased to reintroduce legislation that proval by the Michigan legislature on January 1, 2008. would put an end to automatic pay May 7, 1992, gave it the needed approval Mr. WYDEN. Mr. President, Senator raises for Members of Congress. by three-fourths of the States. The 27th Amendment to the Con- SNOWE and I said we would work to im- As I have noted when I raised this prove the Medicare Part D benefit ever issue in past years, Congress has the stitution now states: ‘‘No law, varying since we voted for its passage. Senator authority to raise its own pay, some- the compensation for the services of the senators and representatives, shall SNOWE and I think one of the most thing that most of our constituents egregious errors in the Medicare drug cannot do. Because this is such a sin- take effect, until an election of rep- benefit was to write into law that the gular power, Congress ought to exer- resentatives shall have intervened.’’ I honor that limitation. Throughout Secretary cannot have bargaining cise it openly, and subject to regular my 6-year term, I accept only the rate power under any circumstances. That procedures including debate, amend- of pay that Senators receive on the ment, and a vote on the record. is why today we are introducing the date on which I was sworn in as a Sen- But current law allows Congress to Medicare Enhancements for Needed ator. And I return to the Treasury any avoid that public debate and vote. All Drugs Act of 2007. This legislation lifts additional income Senators get, wheth- that is necessary for Congress to get a the prohibition on bargaining power er from a cost-of-living adjustment or pay raise is that nothing be done to and requires the Secretary to negotiate a pay raise we vote for ourselves. I on behalf of seniors. stop it. The annual pay raise takes ef- don’t take a raise until my bosses, the We believed that one of the most im- fect unless Congress acts. people of Wisconsin, give me one at the portant things missing from the Part D This stealth pay raise mechanism ballot box. That is the spirit of the 27th benefit was cost containment—and al- began with a change Congress enacted Amendment. The stealth pay raises lowing Medicare to negotiate for drug in the Ethics Reform Act of 1989. In like the one that Congress allowed for prices would be an important cost con- section 704 of that Act, Members of 2006 certainly violate the spirit of that tainment measure. Our legislation Congress voted to make themselves en- amendment at the very least. clearly prohibits price setting or the titled to an annual raise equal to half This practice must end and this bill creation of a uniform formulary. What a percentage point less than the em- will end it. Senators and Congressmen our legislation allows Medicare to do is ployment cost index, one measure of should have to vote up-or-down to raise to be a smart shopper—just as any con- inflation. Congressional pay, and my bill would sumer would be—by allowing Medicare On occasion, Congress has voted to require just that. We owe our constitu- to go in the market and use its clout deny itself the raise, and the tradi- ents nothing less. just like any other big purchaser. tional vehicle for the pay raise vote is I ask unanimous consent that the Under our proposal, the Secretary the Treasury appropriations bill. But text of the bill be printed in the could negotiate in any circumstance, that vehicle is not always made avail- RECORD. but must negotiate in several in- able to those who want a public debate There being no objection, the text of stances: for single source drugs for and vote on the matter. Just last year, the bill was ordered to be printed in which there is no therapeutic equiva- for example, the Senate did not con- the RECORD, as follows: lent; drugs for which taxpayer funding sider the Treasury appropriations bill. S. 252 was substantial in its research and de- Instead, we passed a series of con- Be it enacted by the Senate and House of Rep- velopment; and for any fallback plan tinuing resolutions to fund government resentatives of the United States of America in the Secretary must provide. In addi- operations usually addressed in that Congress assembled, tion, our legislation requires the Sec- bill and other appropriations bills that SECTION 1. ELIMINATION OF AUTOMATIC PAY ADJUSTMENTS FOR MEMBERS OF retary to provide a fallback plan if were not taken up. Because of that, CONGRESS. there is not comprehensive coverage, Senators were effectively prevented (a) IN GENERAL.—Paragraph (2) of section including coverage for the so-called from offering an amendment to force 601(a) of the Legislative Reorganization Act donut hole, available in a region. an up or down vote on the annual pay of 1946 (2 U.S.C. 31) is repealed.

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 10, 2007 CONGRESSIONAL RECORD — SENATE S393 (b) TECHNICAL AND CONFORMING AMEND- not reimburse emergency responders Emergency Supplemental Appropriations MENTS.—Section 601(a)(1) of such Act is for their straight-time salaries, and a Act for Defense, the Global War on Terror, amended— large portion of these loans were need- and Hurricane Recovery, 2006 (Public Law (1) by striking ‘‘(a)(1)’’ and inserting ‘‘(a)’’; ed for payroll expenses to essential em- 109-234; 120 Stat. 471) is amended under the (2) by redesignating subparagraphs (A), (B), heading ‘‘DISASTER ASSISTANCE DIRECT LOAN ployees. and (C) as paragraphs (1), (2), and (3), respec- PROGRAM ACCOUNT’’ under the heading ‘‘FED- This bill does not necessarily forgive tively; and ERAL EMERGENCY MANAGEMENT AGENCY’’ (3) by striking ‘‘as adjusted by paragraph all loans made to hurricane-affected under the heading ‘‘DEPARTMENT OF (2) of this subsection’’ and inserting ‘‘ad- communities. Communities must apply HOMELAND SECURITY’’, by striking ‘‘Pro- justed as provided by law’’. for cancellation, and forgiveness is vided further, That notwithstanding section (c) EFFECTIVE DATE.—This section shall only permitted when an independent 417(c)(1) of such Act, such loans may not be take effect on February 1, 2009. review of a city’s fiscal health finds canceled:’’. justification to cancel the debt. Even SEC. 3. EFFECTIVE DATE. By Ms. LANDRIEU: then, communities must still repay The amendments made by this Act shall be S. 253. A bill to permit the cancella- effective on the date of enactment of the tion of certain loans under the Robert loan funds used for capital improve- ments, debt servicing, assessments, Community Disaster Loan Act of 2005 (Pub- T. Stafford Disaster Relief and Emer- lic Law 109–88; 119 Stat. 2061). gency Assistance Act, and for other intragovernmental services, cost-shar- purposes; to the Committee on Home- ing and otherwise reimbursable activi- By Mr. DOMENICI (for himself land Security and Governmental Af- ties. It is also important to remember and Mr. BINGAMAN): fairs. that the size of the loans has been lim- S. 255. A bill to provide assistance to Ms. LANDRIEU. Mr. President, it ited to a proportion of the commu- the State of New Mexico for the devel- gives me great pleasure to introduce nity’s operating budget since these pro- opment of comprehensive State water the Disaster Loan Fairness Act of 2007. grams were first authorized. plans, and for other purposes; to the This legislation strikes provisions con- The majority of disaster loans have Committee on Energy and Natural Re- tained in the Community Disaster been repaid, and the program is used sources. Loan Act of 2005 and the Emergency only by areas that have suffered a Mr. DOMENICI. Mr. President, water Supplemental spending bill for hurri- major disaster. In 29 years, the pro- is the life’s blood for New Mexico. cane relief, which prohibited forgive- gram has only received 64 applications When the water dries up in New Mex- ness of Special Community Disaster associated with 21 disasters. Compared ico, so will many of its communities. Loans authorized in those measures. to 1,104 disasters declared in total, that As such, the scarcity of water in New Section 417 of the Robert T. Stafford is a very small proportion. There were Mexico is a dire situation. Unfortu- Disaster Relief and Emergency Assist- no loans issued under this authority for nately, the New Mexico Office of the ance Act requires forgiveness of a loan 6 years prior to FY 2005. These figures State Engineer (NM OSE) lacks the if an independent audit determines indicate that this program has not tools necessary to undertake the Her- that its recipient cannot sustain its re- been abused by jurisdictions that could culean task of effectively managing payment obligations after a 3-year do without the funds. Program admin- New Mexico’s water resources. grace period. The statute recognizes istrators and independent auditors Today, I introduce legislation that the very real possibility that hard-hit have found cause to cancel 93 percent would allow New Mexico to make in- communities may need to be excused of loan funding distributed to hard-hit formed decisions about its limited from repayment. For the first time in areas over the years, but this rep- water resources. the history of the program though, for- resents the inevitable fact that disas- In order to effectively perform water giveness was specifically prohibited by ters can be catastrophic, and areas re- rights administration, as well as com- the Community Disaster Loan Act of quiring significant help are less likely ply with New Mexico’s compact deliv- 2005. These were the strictest terms to be whole again after only 3 years. eries, the State Engineer is statutorily ever required. Clamping down in the The City of New Orleans was forced required to perform assessments and to lay off 3,000 people—over 80 percent wake of the worst disaster in history investigations of the numerous stream of its workforce. Let us act now to en- did not make sense at the time, and it systems and ground water basins lo- sure that other cities are not forced to does not make sense now. cated within New Mexico. However, the In the last Congress, I introduced S. follow, by giving a break to disaster NM OSE is ill equipped to vigorously 1872, which eliminated this provision loan recipients who prove unable to and comprehensively undertake the governing the first round of loans au- repay their debt. They will still have 3 daunting but critically important task thorized in October of 2005. Louisiana years to try, and some may succeed, of water resource planning. At present, applicants received about $739 million but we must adjust to the reality of the NM OSE lacks adequate resources in this first round. This bill accom- the situation. It is time we relieve Gulf to perform necessary hydrographic sur- plishes that same objective, and also Coast communities of the burdens they veys and data collection. As such, en- strikes forgiveness restrictions at- were forced to shoulder in order to suring a future water supply for my tached to a second round of loans au- keep police cars, fire trucks and sani- home state requires that Congress pro- thorized in June of 2006, through which tation trucks rolling, reopen schools vide the NM OSE with the resources Louisianans received about $261 million and bring cities back to life by getting necessary to fulfill its statutory man- in Orleans, St. Bernard, and St. Tam- things working. date. I ask unanimous consent the text of many Parishes. These recipients in the The bill I introduce today would cre- the bill be printed in the RECORD. second round included sheriffs, fire dis- There being no objection, the text of ate a standing authority for the State tricts, levee districts, school boards, the bill was ordered to be printed in of New Mexico to seek and receive sewage and water boards, port harbor the Record, as follows: technical assistance from the Bureau and terminal authorities, regional of Rec1amation and the United States S. 253 transit authorities and parish govern- Geological Survey. It would also pro- Be it enacted by the Senate and House of Rep- ments. resentatives of the United States of America in vide the NM OSE the sum of $12.5 mil- Essential operational expenditures Congress assembled, lion in federal assistance to perform must be made to facilitate recovery in SECTION 1. SHORT TITLE. hydrologic models of New Mexico’s the wake of a disaster, including serv- This Act may be cited as the ‘‘Disaster most important water systems. This ices like police, fire protection, transit Loan Fairness Act of 2007’’. bill would provide the NM OSE with and sanitation. One of the great ironies SEC. 2. CANCELLATION OF LOANS. the best resources available when mak- of the Community Disaster Loan Pro- (a) IN GENERAL.—Section 2(a) of the Com- ing crucial decisions about how best gram is the fact that it exists largely munity Disaster Loan Act of 2005 (Public preserve our limited water stores. to supplement shortcomings in the Law 109–88; 119 Stat. 2061) is amended by Ever decreasing water supplies in Stafford Act. Between 1970 and 1974, the striking ‘‘Provided further, That notwith- New Mexico have reached critical standing section 417(c)(1) of the Stafford Act, program was administered as a grant such loans may not be canceled:’’. leve1s and require immediate action. program before the Stafford Act con- (b) DISASTER ASSISTANCE DIRECT LOAN PRO- The Congress cannot sit idly by as verted it to a loan program. FEMA will GRAM ACCOUNT.—Chapter 4 of title II of the water shortages cause death to New

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S394 CONGRESSIONAL RECORD — SENATE January 10, 2007 Mexico’s communities. I hope the Sen- west New Mexico, including the Animas Whereas the signing statement on the ate will give this legislation its every Basin, the Gila River, and tributaries; Postal Accountability and Enhancement Act consideration. I thank Senator BINGA- (4) $4,500,000 for statewide digital (Public Law 109–435) issued by President orthophotography mapping; and Bush on December 20, 2006, raises questions MAN, Chairman of the Energy and Nat- (5) such sums as are necessary to carry out about the President’s commitment to abide ural Resources Committee for cospon- additional projects consistent with sub- by these basic privacy protections; and soring this important legislation. section (b). Whereas the Senate rejects any interpreta- I ask unanimous consent that the (d) COST-SHARING REQUIREMENT.— tion of the President’s signing statement on text of the bill be printed in the (1) IN GENERAL.—The non-Federal share of the Postal Accountability and Enhancement RECORD. the total cost of any activity carried out Act (Public Law 109–435) that in any way di- There being no objection, the text of using a grant provided under subsection (a) minishes the privacy protections accorded the bill was ordered to be printed in shall be 50 percent. sealed domestic mail under the Constitution (2) FORM OF NON-FEDERAL SHARE.—The non- and Federal laws and regulations: the RECORD, as follows: Federal share under paragraph (1) may be in Now, therefore, be it S. 255 the form of any in-kind services that the Resolved, That the Senate reaffirms the Be it enacted by the Senate and House of Rep- Secretary determines would contribute sub- constitutional and statutory protections ac- resentatives of the United States of America in stantially toward the conduct and comple- corded sealed domestic mail. Congress assembled, tion of the activity assisted. Ms. COLLINS. Mr. President, I rise SECTION 1. SHORT TITLE. (e) NON-REIMBURSABLE BASIS.—Any assist- today to submit a Senate resolution This Act may be cited as the ‘‘New Mexico ance or grants provided to the State under that will reaffirm the fundamental Water Planning Assistance Act’’. this Act shall be made on a non-reimbursable basis. constitutional and statutory protec- SEC. 2. DEFINITIONS. tions accorded sealed domestic mail. I In this Act: (f) AUTHORIZED TRANSFERS.—On request of the State, the Secretary shall directly trans- am very pleased to have the distin- (1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior, acting fer to 1 or more Federal agencies any guished chairman of the Senate Gov- through the Bureau of Reclamation and the amounts made available to the State to ernmental Affairs and Homeland Secu- United States Geological Survey. carry out this Act. rity Committee, Senator LIEBERMAN, (2) STATE.—The term ‘‘State’’ means the SEC. 4. AUTHORIZATION OF APPROPRIATIONS. as a cosponsor, Senator CARPER, who State of New Mexico. There is authorized to be appropriated to was the author of the postal reform bill carry out this Act $3,000,000 for each of fiscal SEC. 3. COMPREHENSIVE WATER PLAN ASSIST- with me in the last Congress, Senator years 2008 through 2012. ANCE. COLEMAN, and Senator AKAKA, all of (a) IN GENERAL.—Upon the request of the SEC. 5. SUNSET OF AUTHORITY. whom have been very active on postal Governor of the State and subject to sub- The authority of the Secretary to carry out any provisions of this Act shall termi- issues. sections (b) through (f), the Secretary shall— On December 20, President Bush (1) provide to the State technical assist- nate 10 years after the date of the enactment ance and grants for the development of com- of this Act. signed into law the Postal Account- ability and Enhancement Act that Sen- prehensive State water plans; f (2) conduct water resources mapping in the ator CARPER and I originally intro- State; and SUBMITTED RESOLUTIONS duced in 2004. This new law represents (3) conduct a comprehensive study of the most sweeping reforms to the U.S. groundwater resources (including potable, Postal Service in more than 30 years. brackish, and saline water resources) in the SENATE RESOLUTION 22—RE- The Presiding Officer and new chair- State to assess the quantity, quality, and AFFIRMING THE CONSTITU- man of the committee knows well that interaction of groundwater and surface TIONAL AND STATUTORY PRO- of all the legislation our committee water resources. TECTIONS ACCORDED SEALED (b) TECHNICAL ASSISTANCE.—Technical as- produced last year, in many ways this DOMESTIC MAIL, AND FOR was the most difficult to bring to com- sistance provided under subsection (a) may OTHER PURPOSES include— pletion. (1) acquisition of hydrologic data, ground- Ms. COLLINS (for herself, Mr. LIE- The act, which will help the 225-year- water characterization, database develop- BERMAN, Mr. CARPER, Mr. COLEMAN, old Postal Service, meets the chal- ment, and data distribution; and Mr. AKAKA) submitted the fol- lenges of the 21st century, establishes a (2) expansion of climate, surface water, and lowing resolution; which was referred new rate-setting system, helps ensure a groundwater monitoring networks; to the Committee on Homeland Secu- stronger financial future for the Postal (3) assessment of existing water resources, rity and Governmental Affairs: surface water storage, and groundwater stor- Service, provides more stability and age potential; S. RES. 22 predictability in rates, and protects (4) numerical analysis and modeling nec- Whereas all Americans depend on the the basic feature of universal service. essary to provide an integrated under- United States Postal Service to transact One of the act’s many provisions pro- standing of water resources and water man- business and communicate with friends and vides continued authority for the Post- agement options; family; al Service to establish a class of mail (5) participation in State planning forums Whereas postal customers have a constitu- sealed against inspection. and planning groups; tional right to expect that their sealed do- The day President Bush signed the (6) coordination of Federal water manage- mestic mail will be protected against unrea- Postal Reform Act into law, he also ment planning efforts; sonable searches; (7) technical review of data, models, plan- Whereas the circumstances and procedures issued a signing statement construing ning scenarios, and water plans developed by under which the Government may search that particular provision to permit the State; and sealed mail are well defined, including provi- ‘‘searches in exigent circumstances, (8) provision of scientific and technical sions under the Foreign Intelligence Surveil- such as to protect human life and safe- specialists to support State and local activi- lance Act of 1978 (50 U.S.C. 1801 et seq.), and ty.’’ While I understand that the Presi- ties. generally require prior judicial approval; dent’s spokesman has explained that (c) ALLOCATION.—In providing grants under Whereas the United States Postal Inspec- the signing statement did not intend to subsection (a), the Secretary shall, subject tion Service has the authority to open and change the scope of this new law, it has to the availability of appropriations, allo- search a sealed envelope or package when cate— there is immediate threat to life or limb or resulted in considerable confusion and (1) $5,000,000 to develop hydrologic models an immediate and substantial danger to widespread concern about the Presi- and acquire associated equipment for the property; dent’s commitment to abide by the New Mexico Rio Grande main stem sections Whereas the Postal Accountability and En- basic privacy protections afforded and Rios Pueblo de Taos and Hondo, Rios hancement Act (Public Law 109–435) ex- sealed domestic mail. For some, it Nambe, Pojoaque and Teseque, Rio Chama, pressly reaffirmed the right of postal cus- raised the specter of the Government and Lower Rio Grande tributaries; tomers to have access to a class of mail unlawfully monitoring our mail in the (2) $1,500,000 to complete the hydrographic sealed against inspection; name of national security. survey development of hydrologic models Whereas the United States Postal Service Given this unfortunate perception, I and acquire associated equipment for the affirmed January 4, 2007, that the enactment San Juan River and tributaries; of the Postal Accountability and Enhance- wish to be very clear as the author of (3) $1,000,000 to complete the hydrographic ment Act (Public Law 109–435) does not grant this legislation. Nothing in the Postal survey development of hydrologic models Federal law enforcement officials any new Reform Act, nor in the President’s and acquire associated equipment for South- authority to open domestic mail; signing statement, alters in any way

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 10, 2007 CONGRESSIONAL RECORD — SENATE S395 the privacy and civil liberty protec- AMENDMENTS SUBMITTED AND tended to be proposed to amendment SA 3 tions provided to a person who sends or PROPOSED proposed by Mr. REID (for himself, Mr. receives sealed mail. In fact, the Presi- MCCONNELL, Mrs. FEINSTEIN, Mr. BENNETT, SA 9. Mr. VITTER (for himself and Mr. Mr. LIEBERMAN, Ms. COLLINS, Mr. OBAMA, Mr. NHOFE dent’s signing statement appears to do I ) submitted an amendment intended SALAZAR, and Mr. DURBIN) to the bill S. 1, nothing more than restate current law, to be proposed to amendment SA 3 proposed supra; which was ordered to lie on the table. by Mr. REID (for himself, Mr. MCCONNELL, but by the mere act of issuing the sign- SA 21. Mr. SANDERS submitted an amend- Mrs. FEINSTEIN, MR. BENNETT, MR. LIEBER- ing statement, unfortunately, the ad- ment intended to be proposed by him to the MAN, MS. COLLINS, Mr. OBAMA, Mr. SALAZAR, bill S. 1, supra; which was ordered to lie on ministration raised questions about AND MR. DURBIN) to the bill S. 1, to provide the table. what, in fact, is their intent. greater transparency in the legislative proc- ess. Under current law, mail sealed SA 10. Mr. VITTER submitted an amend- f against inspection is entitled to the ment intended to be proposed to amendment strongest possible protections against EID SA 3 proposed by Mr. R (for himself, Mr. TEXT OF AMENDMENTS physical searches, the protections af- MCCONNELL, Mrs. FEINSTEIN, Mr. BENNETT, forded by our Constitution which guard Mr. LIEBERMAN, Ms. COLLINS, Mr. OBAMA, Mr. SA 9. Mr. VITTER (for himself and against unreasonable searches. With SALAZAR, and Mr. DURBIN) to the bill S. 1, Mr. INHOFE) submitted an amendment supra. intended to be proposed to amendment only limited exceptions, the Govern- SA 11. Mr. DEMINT (for himself and Mr. SA 3 proposed by Mr. REID (for himself, ment needs a warrant issued by a court CORNYN) proposed an amendment to amend- Mr. MCCONNELL, Mrs. FEINSTEIN, Mr. before it can search sealed mail. This is ment SA 3 proposed by Mr. REID (for himself, BENNETT, Mr. LIEBERMAN, Ms. COLLINS, true whether the search is conducted Mr. MCCONNELL, Mrs. FEINSTEIN, Mr. BEN- NETT IEBERMAN OLLINS Mr. OBAMA, Mr. SALAZAR, and Mr. DUR- under our Criminal Code to obtain evi- , Mr. L , Ms. C , Mr. OBAMA, Mr. SALAZAR, and Mr. DURBIN) to the BIN) to the bill S. 1, to provide greater dence of a crime or under the Foreign bill S. 1, supra. transparency in the legislative process; Intelligence Surveillance Act, FISA, of SA 12. Mr. DEMINT (for himself and Mr. as follows. 1978 to collect foreign intelligence in- OBAMA) proposed an amendment to amend- formation concerning a national secu- ment SA 3 proposed by Mr. REID (for himself On page 51, between lines 12 and 13, insert the following: rity threat. Only when there is an im- Mr. MCCONNELL, Mrs. FEINSTEIN, Mr. BEN- NETT, Mr. LIEBERMAN, Ms. COLLINS, Mr. SEC. 242. SPOUSE LOBBYING MEMBER. mediate danger to life or limb or an OBAMA, Mr. SALAZAR, and Mr. DURBIN) to the (a) IN GENERAL.—Section 207(e) of title 18, immediate and substantial danger to bill S. 1, supra. United States Code, as amended by section property can the Government search a SA 13. Mr. DEMINT proposed an amend- 241, is further amended by adding at the end domestic sealed letter or package with- ment to amendment SA 3 proposed by Mr. the following: out a warrant. Let me give a couple of REID (for himself, Mr. MCCONNELL, Mrs. ‘‘(5) SPOUSES.—Any person who is the FEINSTEIN, Mr. BENNETT, Mr. LIEBERMAN, Ms. examples. That could occur when there spouse of a Member of Congress and who was COLLINS, Mr. OBAMA, Mr. SALAZAR, and Mr. are wires protruding from a package, not serving as a registered lobbyist at least DURBIN) to the bill S. 1, supra. 1 year prior to the election of that Member for example, or odors escaping from an SA 14. Mr. DEMINT proposed an amend- of Congress to office and who, after the elec- envelope or stains on the outside of a ment to amendment SA 3 proposed by Mr. tion of such Member, knowingly lobbies on package indicating that the contents REID (for himself, Mr. MCCONNELL, Mrs. behalf of a client for compensation any may constitute an immediate danger FEINSTEIN, Mr. BENNETT, Mr. LIEBERMAN, Ms. Member of Congress or is associated with COLLINS, Mr. OBAMA, Mr. SALAZAR, and Mr. or threat. any such lobbying activity by an employer of DURBIN) to the bill S. 1, supra. that spouse shall be punished as provided in SA 15. Mr. SALAZAR (for himself and Mr. Americans depend on the U.S. Postal section 216 of this title.’’. OBAMA) submitted an amendment intended Service to transact business and to (b) GRANDFATHER PROVISION.—The amend- to be proposed to amendment SA 3 proposed ment made by subsection (a) shall not apply communicate with friends and family, by Mr. REID (for himself, Mr. MCCONNELL, to any spouse of a Member of Congress serv- and if there is any doubt in the public’s Mrs. FEINSTEIN, Mr. BENNETT, Mr. LIEBER- ing as a registered lobbyist on the date of en- mind that the Government is not pro- MAN, Ms. COLLINS, Mr. OBAMA, Mr. SALAZAR, actment of this Act. tecting the constitutional privacy ac- and Mr. DURBIN) to the bill S. 1, supra. SA 16. Mr. STEVENS proposed an amend- corded their mail, if there is suspicion SA 10. Mr. VITTER submitted an that the Government is unlawfully ment to amendment SA 4 proposed by Mr. REID (for himself, Mr. DURBIN, Mr. SALAZAR, amendment intended to be proposed to opening mail, then our Nation’s con- and Mr. OBAMA) to the amendment SA 3 pro- amendment SA 3 proposed by Mr. REID fidence in the sanctity of our mail sys- posed by Mr. REID (for himself, Mr. MCCON- (for himself, Mr. MCCONNELL, Mrs. tem and, indeed, in our Government NELL, Mrs. FEINSTEIN, Mr. BENNETT, Mr. LIE- FEINSTEIN, Mr. BENNETT, Mr. LIEBER- will be eroded. That is precisely why I BERMAN, Ms. COLLINS, Mr. OBAMA, Mr. SALA- MAN, Ms. COLLINS, Mr. OBAMA, Mr. am joining with my colleagues in sub- ZAR, and Mr. DURBIN) to the bill S. 1, supra. SA 17. Mr. GREGG (for himself, Mr. SALAZAR, and Mr. DURBIN) to the bill S. mitting this resolution today. It makes DEMINT, Mrs. DOLE, Mr. BURR, Mr. CHAM- 1, to provide greater transparency in clear to all law-abiding Americans that BLISS, Mr. THOMAS, Mr. SESSIONS, Mr. the legislative process; as follows. the Federal Government will not in- MCCONNELL, Mr. LOTT, Mr. KYL, Mrs. On page 34, line 5, strike ‘‘$100,000’’ and in- vade their privacy by reading their HUTCHISON, Mr. CORNYN, Mr. ALLARD, Mr. sert ‘‘$200,000’’. sealed mail absent a court order or CRAPO, Mr. BUNNING, Mr. VITTER, Mr. BROWN- emergency circumstances. Any con- BACK, Mr. ALEXANDER, Mr. CRAIG, Mr. SA 11. Mr. DEMINT (for himself and MCCAIN, Mr. SUNUNU, Mr. ENZI, Mr. MAR- trary interpretation of the Postal Re- Mr. CORNYN) proposed an amendment TINEZ, Mr. COLEMAN, Mr. GRAHAM, Mr. VOINO- to amendment SA 3 proposed by Mr. form Act is just plain wrong. VICH, Mr. ISAKSON, Mr. ENSIGN, and Mr. REID (for himself, Mr. MCCONNELL, Mrs. I invite my colleagues to join me in COBURN) proposed an amendment to amend- FEINSTEIN, Mr. BENNETT, Mr. LIEBER- cosponsoring this resolution which re- ment SA 3 proposed by Mr. REID (for him- self, Mr. MCCONNELL, Mrs. FEINSTEIN, Mr. MAN, Ms. COLLINS, Mr. OBAMA, Mr. affirms the constitutional and statu- BENNETT, Mr. LIEBERMAN, Ms. COLLINS, Mr. SALAZAR, and Mr. DURBIN) to the bill S. tory protections accorded to domestic OBAMA, Mr. SALAZAR, and Mr. DURBIN) to the 1, to provide greater transparency in sealed mail. I say to the Presiding Offi- bill S. 1, supra. the legislative process; as follows: SA 18. Mr. COLEMAN submitted an amend- cer, the chairman of the committee Strike section 103 and insert the following: with jurisdiction over this matter, that ment intended to be proposed by him to the SEC. 103. CONGRESSIONAL EARMARK REFORM. I hope we can act very quickly and get bill S. 1, supra; which was ordered to lie on the table. The Standing Rules of the Senate are this resolution approved by the full SA 19. Mr. MCCAIN submitted an amend- amended by adding at the end the following: Senate. I believe it is important that ment intended to be proposed to amendment RULE XLIV we go on record without any delay to SA 3 proposed by Mr. REID (for himself, Mr. EARMARKS assure the American people that those MCCONNELL, Mrs. FEINSTEIN, Mr. BENNETT, protections which they value so much Mr. LIEBERMAN, Ms. COLLINS, Mr. OBAMA, Mr. ‘‘1. It shall not be in order to consider— SALAZAR, and Mr. DURBIN) to the bill S. 1, ‘‘(a) a bill or joint resolution reported by a are still in place and have not been al- supra; which was ordered to lie on the table. committee unless the report includes a list tered, given the doubt that the Presi- SA 20. Mr. BENNETT (for himself and Mr. of congressional earmarks, limited tax bene- dent’s signing statement created. MCCONNELL) submitted an amendment in- fits, and limited tariff benefits in the bill or

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The written statements trans- ‘‘(C) the rate of operations provided for in ation; or mitted under subparagraph (a) for any con- the regular appropriation bill as passed by ‘‘(c) a conference report to accompany a gressional earmarks, limited tax benefits, or the House of Representatives or the Senate bill or joint resolution unless the joint ex- limited tariff benefits included in any meas- for the fiscal year in question, except that planatory statement prepared by the man- ure reported by the committee or conference the lower of these two versions shall be ig- agers on the part of the House and the man- report filed by the chairman of the com- nored for any project or activity for which agers on the part of the Senate includes a mittee or any subcommittee thereof shall be there is a budget request if no funding is pro- list of congressional earmarks, limited tax published in a searchable format on the com- vided for that project or activity in either benefits, and limited tariff benefits in the mittee’s or subcommittee’s website not later version; or conference report or joint statement (and than 48 hours after receipt on such informa- ‘‘(D) the annualized rate of operations pro- the name of any Member, Delegate, Resident tion.’’. vided for in the most recently enacted joint Commissioner, or Senator who submitted a resolution making continuing appropriations request to the House or Senate committees SA 12. Mr. DEMINT (for himself and for part of that fiscal year or any funding of jurisdiction for each respective item in- Mr. OBAMA) proposed an amendment to levels established under the provisions of cluded in such list) or a statement that the amendment SA 3 proposed by Mr. REID this Act. ‘‘(3) Appropriations and funds made avail- proposition contains no congressional ear- (for himself, Mr. MCCONNELL, Mrs. marks, limited tax benefits, or limited tariff able, and authority granted, for any fiscal FEINSTEIN, Mr. BENNETT, Mr. LIEBER- benefits. year pursuant to this section for a project or MAN, Ms. COLLINS, Mr. OBAMA, Mr. ‘‘2. For the purpose of this rule— activity shall be available for the period be- ‘‘(a) the term ‘congressional earmark’ SALAZAR, and Mr. DURBIN) to the bill S. ginning with the first day of a lapse in ap- means a provision or report language in- 1, to provide greater transparency in propriations and ending with the earlier of— cluded primarily at the request of a Member, the legislative process; as follows: ‘‘(A) the date on which the applicable reg- Delegate, Resident Commissioner, or Sen- At the appropriate place, insert the fol- ular appropriation bill for such fiscal year ator providing, authorizing or recommending lowing: becomes law (whether or not such law pro- vides for such project or activity) or a con- a specific amount of discretionary budget SEC. ll. EARMARKS OUT OF SCOPE. authority, credit authority, or other spend- tinuing resolution making appropriations Any earmark that was not committed to becomes law, as the case may be; or ing authority for a contract, loan, loan guar- conference by either the House of Represent- antee, grant, loan authority, or other ex- ‘‘(B) the last day of such fiscal year. atives or the Senate in their disagreeing ‘‘(b) An appropriation or funds made avail- penditure with or to an entity, or targeted to votes on a measure shall be considered out of able, or authority granted, for a project or a specific State, locality or Congressional scope under rule XXVIII of the Standing activity for any fiscal year pursuant to this district, other than through a statutory or Rules of the Senate and section 102 of this section shall be subject to the terms and administrative formula-driven or competi- Act if contained in a conference report on conditions imposed with respect to the ap- tive award process; that measure. propriation made or funds made available for ‘‘(b) the term ‘limited tax benefit’ means— the preceding fiscal year, or authority grant- ‘‘(1) any revenue-losing provision that— SA 13. Mr. DEMINT proposed an ed for such project or activity under current ‘‘(A) provides a Federal tax deduction, amendment to amendment SA 3 pro- law. credit, exclusion, or preference to 10 or fewer posed by Mr. REID (for himself, Mr. ‘‘(c) Appropriations and funds made avail- beneficiaries under the Internal Revenue able, and authority granted, for any project Code of 1986; and MCCONNELL, Mrs. FEINSTEIN, Mr. BEN- or activity for any fiscal year pursuant to ‘‘(B) contains eligibility criteria that are NETT, Mr. LIEBERMAN, Ms. COLLINS, Mr. this section shall cover all obligations or ex- not uniform in application with respect to OBAMA, Mr. SALAZAR, and Mr. DURBIN) penditures incurred for such project or activ- potential beneficiaries of such provision; or to the bill S. 1, to provide greater ity during the portion of such fiscal year for ‘‘(2) any Federal tax provision which pro- transparency in the legislative process; which this section applies to such project or vides one beneficiary temporary or perma- as follows: activity. nent transition relief from a change to the At the appropriate place, insert the fol- ‘‘(d) Expenditures made for a project or ac- Internal Revenue Code of 1986; and lowing: tivity for any fiscal year pursuant to this ‘‘(c) the term ‘limited tariff benefit’ means section shall be charged to the applicable ap- a provision modifying the Harmonized Tariff SEC. lll. AMENDMENT TO TITLE 31. (a) IN GENERAL.—Chapter 13 of title 31, propriation, fund, or authorization whenever Schedule of the United States in a manner a regular appropriation bill or a joint resolu- that benefits 10 or fewer entities. United States Code, is amended by inserting after section 1310 the following new section: tion making continuing appropriations until ‘‘3. A Member may not condition the inclu- the end of a fiscal year providing for such sion of language to provide funding for a con- ‘‘§ 1311. Continuing appropriations project or activity for such period becomes gressional earmark, a limited tax benefit, or ‘‘(a)(1) If any regular appropriation bill for law. a limited tariff benefit in any bill or joint a fiscal year (or, if applicable, for each fiscal ‘‘(e) This section shall not apply to a resolution (or an accompanying report) or in year in a biennium) does not become law be- project or activity during a fiscal year if any any conference report on a bill or joint reso- fore the beginning of such fiscal year or a other provision of law (other than an author- lution (including an accompanying joint ex- joint resolution making continuing appro- ization of appropriations)— planatory statement of managers) on any priations is not in effect, there are appro- ‘‘(1) makes an appropriation, makes funds vote cast by another Member, Delegate, or priated, out of any money in the Treasury available, or grants authority for such Resident Commissioner. not otherwise appropriated, and out of appli- project or activity to continue for such pe- ‘‘4. (a) A Member who requests a congres- cable corporate or other revenues, receipts, riod; or sional earmark, a limited tax benefit, or a and funds, such sums as may be necessary to ‘‘(2) specifically provides that no appro- limited tariff benefit in any bill or joint res- continue any project or activity for which priation shall be made, no funds shall be olution (or an accompanying report) or in funds were provided in the preceding fiscal made available, or no authority shall be any conference report on a bill or joint reso- year— granted for such project or activity to con- lution (or an accompanying joint statement ‘‘(A) in the corresponding regular appro- tinue for such period. of managers) shall provide a written state- priation Act for such preceding fiscal year; ‘‘(f) For purposes of this section, the term ment to the chairman and ranking member or ‘regular appropriation bill’ means any an- of the committee of jurisdiction, including— ‘‘(B) if the corresponding regular appro- nual appropriation bill making appropria- ‘‘(1) the name of the Member; priation bill for such preceding fiscal year tions, otherwise making funds available, or

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granting authority, for any of the following publicly available through the Internet a ‘‘(ii) TIMING.—Special messages may be categories of projects and activities: video recording, audio recording, or tran- transmitted under clause (i)— ‘‘(1) Agriculture, Rural Development, Food script of any meeting not later than 14 days ‘‘(I) with the President’s budget submitted and Drug Administration, and Related Agen- after the meeting occurs.’’. pursuant to section 1105 of title 31, United cies. (b) EFFECTIVE DATE.—This section shall States Code; and ‘‘(2) Commerce, Justice, Science, and Re- take effect October 1, 2007. ‘‘(II) 3 other times as determined by the lated Agencies. SA 16. Mr. STEVENS proposed an President. ‘‘(3) Defense. ‘‘(iii) LIMITATIONS.— ‘‘(4) Energy and Water Development. amendment to amendment SA 4 pro- ‘‘(I) IN GENERAL.—Special messages shall ‘‘(5) Financial Services and General Gov- posed by Mr. REID (for himself, Mr. be submitted within 1 calendar year of the ernment. DURBIN, Mr. SALAZAR, and Mr. OBAMA) date of enactment of any dollar amount of ‘‘(6) Homeland Security. to the amendment SA 3 proposed by discretionary budget authority, item of di- ‘‘(7) Interior, Environment, and Related Mr. REID (for himself, Mr. MCCONNELL, Agencies. rect spending, or targeted tax benefit the Mrs. FEINSTEIN, Mr. BENNETT, Mr. LIE- ‘‘(8) Labor, Health and Human Services, President proposes to rescind pursuant to Education, and Related Agencies. BERMAN, Ms. COLLINS, Mr. OBAMA, Mr. this Act. ‘‘(9) Legislative Branch. SALAZAR, and Mr. DURBIN) to the bill S. ‘‘(II) RESUBMITTAL REJECTED.—If Congress ‘‘(10) Military Construction, Veterans’ Af- 1, to provide greater transparency in rejects a bill introduced under this part, the fairs, and Related Agencies. the legislative process; as follows. President may not resubmit any of the dol- ‘‘(11) State, Foreign Operations, and Re- At the appropriate place in the amendment lar amounts of discretionary budget author- lated Programs. insert the following: ity, items of direct spending, or targeted tax ‘‘(12) Transportation, Housing and Urban ‘‘(l) Notwithstanding any other provision benefits in that bill under this part, or part Development, and Related Agencies.’’. of this paragraph or any other rule, if there B with respect to dollar amounts of discre- (b) CLERICAL AMENDMENT.—The analysis of is not more than one flight daily from a tionary budget authority. point in a Member’s State to a point within chapter 13 of title 31, United States Code, is ‘‘(III) RESUBMITAL AFTER SINE DIE.—If Con- amended by inserting after the item relating that Member’s State, the Member may ac- gress does not complete action on a bill in- cept transportation in a privately owned air- to section 1310 the following new item: troduced under this part because Congress craft to that point provided (1) there is no ‘‘1311. Continuing appropriations’’. adjourns sine die, the President may resub- appearance of or actual conflict of interest, and (2) the Member has the trip approved by mit some or all of the dollar amounts of dis- SA 14. Mr. DEMINT proposed an cretionary budget authority, items of direct amendment to amendment SA 3 pro- the Select Committee on Ethics. When ac- cepting such transportation, the Member spending, and targeted tax benefits in that posed by Mr. REID (for himself, Mr. shall reimburse the provider at either the bill in not more than 1 subsequent special MCCONNELL, Mrs. FEINSTEIN, Mr. BEN- rate of a first class ticket, if available, or the message under this part, or part B with re- NETT, Mr. LIEBERMAN, Ms. COLLINS, Mr. rate of a full fare coach ticket if first class spect to dollar amounts of discretionary OBAMA, Mr. SALAZAR, and Mr. DURBIN) rates are unavailable between those points.’’. budget authority. to the bill S. 1, to provide greater ‘‘(B) CONTENTS OF SPECIAL MESSAGE.—Each transparency in the legislative process; SA 17. Mr. GREGG (for himself, Mr. special message shall specify, with respect to as follows: DEMINT, Mrs. DOLE, Mr. BURR, Mr. the dollar amount of discretionary budget At the appropriate place, insert the fol- CHAMBLISS, Mr. THOMAS, Mr. SESSIONS, authority, item of direct spending, or tar- lowing: Mr. MCCONNELL, Mr. LOTT, Mr. KYL, geted tax benefit proposed to be rescinded— SEC. ll. PROTECTION OF WORKERS’ POLITICAL Mrs. HUTCHISON, Mr. CORNYN, Mr. ‘‘(i) the dollar amount of discretionary RIGHTS. ALLARD, Mr. CRAPO, Mr. BUNNING, Mr. budget authority available and proposed for Title III of the Labor Management Rela- VITTER, Mr. BROWNBACK, Mr. ALEX- rescission from accounts, departments, or es- tions Act, 1947 (29 U.S.C. 185 et seq.) is ANDER, Mr. CRAIG, Mr. MCCAIN, Mr. tablishments of the government and the dol- lar amount of the reduction in outlays that amended by adding at the end the following: SUNUNU, Mr. ENZI, Mr. MARTINEZ, Mr. would result from the enactment of such re- ‘‘SEC. 304. PROTECTION OF WORKER’S POLITICAL COLEMAN, Mr. GRAHAM, Mr. VOINOVICH, RIGHTS. scission of discretionary budget authority Mr. ISAKSON, Mr. ENSIGN, and Mr. ‘‘(a) PROHIBITION.—Except with the sepa- for the time periods set forth in clause (iii); rate, prior, written, voluntary authorization COBURN) proposed an amendment to ‘‘(ii) the specific items of direct spending of an individual, it shall be unlawful for any amendment SA 3 proposed by Mr. REID and targeted tax benefits proposed for rescis- labor organization to collect from or assess (for himself, Mr. MCCONNELL, Mrs. sion and the dollar amounts of the reduc- its members or nonmembers any dues, initi- FEINSTEIN, Mr. BENNETT, Mr. LIEBER- tions in budget authority and outlays or in- ation fee, or other payment if any part of MAN, Ms. COLLINS, Mr. OBAMA, Mr. creases in receipts that would result from such dues, fee, or payment will be used to SALAZAR, and Mr. DURBIN) to the bill S. enactment of such rescission for the time pe- lobby members of Congress or Congressional 1, to provide greater transparency in riods set forth in clause (iii); staff for the purpose of influencing legisla- ‘‘(iii) the budgetary effects of proposals for tion. the legislative process; as follows. At the end, insert the following: rescission, estimated as of the date the ‘‘(b) AUTHORIZATION.—An authorization de- scribed in subsection (a) shall remain in ef- TITLE III—SECOND LOOK AT WASTEFUL President submits the special message, rel- fect until revoked and may be revoked at SPENDING ACT OF 2007 ative to the most recent levels calculated any time.’’. SEC. 301. SHORT TITLE. consistent with the methodology described This title may be cited as the ‘‘Second in section 257 of the Balanced Budget and SA 15. Mr. SALAZAR (for himself, Look at Wasteful Spending Act of 2007’’. Emergency Deficit Control Act of 1985 and Mr. OBAMA) submitted an amendment SEC. 302. LEGISLATIVE LINE ITEM VETO. included with a budget submission under sec- intended to be proposed to amendment (a) IN GENERAL.—Title X of the Congres- tion 1105(a) of title 31, United States Code, SA 3 proposed by Mr. REID (for himself, sional Budget and Impoundment Control Act for the time periods of— of 1974 (2 U.S.C. 621 et seq.) is amended by Mr. MCCONNELL, Mrs. FEINSTEIN, Mr. ‘‘(I) the fiscal year in which the proposal is striking part C and inserting the following: submitted; and BENNETT, Mr. LIEBERMAN, Ms. COLLINS, ‘‘PART C—LEGISLATIVE LINE ITEM VETO ‘‘(II) each of the 10 following fiscal years Mr. OBAMA, Mr. SALAZAR, and Mr. DUR- ‘‘SEC. 1021. EXPEDITED CONSIDERATION OF CER- beginning with the fiscal year after the fiscal BIN) to the bill S. 1, to provide greater TAIN PROPOSED RESCISSIONS. year in which the proposal is submitted; transparency in the legislative process; ‘‘(a) PROPOSED RESCISSIONS.—The Presi- ‘‘(iv) any account, department, or estab- as follows: dent may send a special message, at the time lishment of the Government to which such At the appropriate place, insert the fol- and in the manner provided in subsection (b), dollar amount of discretionary budget au- lowing: that proposes to rescind dollar amounts of thority or item of direct spending is avail- SEC. ll. PUBLIC AVAILABILITY OF SENATE discretionary budget authority, items of di- able for obligation, and the specific project COMMITTEE AND SUBCOMMITTEE rect spending, and targeted tax benefits. or governmental functions involved; MEETINGS. ‘‘(b) TRANSMITTAL OF SPECIAL MESSAGE.— ‘‘(v) the reasons why such dollar amount of (a) IN GENERAL.—Paragraph 5(e) of rule ‘‘(1) SPECIAL MESSAGE.— discretionary budget authority or item of di- XXVI of the Standing Rules of the Senate is ‘‘(A) IN GENERAL.— rect spending or targeted tax benefit should amended by— ‘‘(i) FOUR MESSAGES.—The President may (1) by inserting after ‘‘(e)’’ the following: transmit to Congress not to exceed 4 special be rescinded; ‘‘(1)’’; and messages per calendar year, proposing to re- ‘‘(vi) the estimated fiscal and economic im- (2) by adding at the end the following: scind dollar amounts of discretionary budget pacts, of the proposed rescission; ‘‘(2) Except as provided in clause (1), each authority, items of direct spending, and tar- ‘‘(vii) to the maximum extent practicable, committee and subcommittee shall make geted tax benefits. all facts, circumstances, and considerations

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S398 CONGRESSIONAL RECORD — SENATE January 10, 2007 relating to or bearing upon the proposed re- (b), the majority leader of each House, for move to reconsider the vote by which the bill scission and the decision to effect the pro- himself, or minority leader of each House, is agreed to or disagreed to. posed rescission, and the estimated effect of for himself, or a Member of that House des- ‘‘(C) APPEALS.—Appeals from decisions of the proposed rescission upon the objects, ignated by that majority leader or minority the chair relating to the application of the purposes, and programs for which the budget leader shall introduce (by request) the Presi- Rules of the House of Representatives to the authority or items of direct spending or tar- dent’s draft bill to rescind the amounts of procedure relating to a bill under this part geted tax benefits are provided; and budget authority or items of direct spending shall be decided without debate. ‘‘(viii) a draft bill that, if enacted, would or targeted tax benefits, as specified in the ‘‘(D) APPLICATION OF HOUSE RULES.—Except rescind the budget authority, items of direct special message and the President’s draft to the extent specifically provided in this spending and targeted tax benefits proposed bill. If the bill is not introduced as provided part, consideration of a bill under this part to be rescinded in that special message. in the preceding sentence in either House, shall be governed by the Rules of the House ‘‘(2) ANALYSIS BY CONGRESSIONAL BUDGET then, on the third day of session of that of Representatives. It shall not be in order in OFFICE AND JOINT COMMITTEE ON TAXATION.— House after the date of receipt of that spe- the House of Representatives to consider any ‘‘(A) IN GENERAL.—Upon the receipt of a cial message, any Member of that House may bill introduced pursuant to the provisions of special message under this part proposing to introduce the bill. this part under a suspension of the rules or rescind dollar amounts of discretionary under a special rule. ‘‘(B) REFERRAL AND REPORTING.— budget authority, items of direct spending, ‘‘(3) CONSIDERATION IN THE SENATE.— ‘‘(i) ONE COMMITTEE.—The bill shall be re- and targeted tax benefits— ferred by the presiding officer to the appro- ‘‘(A) MOTION TO PROCEED TO CONSIDER- ‘‘(i) the Director of the Congressional ATION.—A motion to proceed to the consider- priate committee. The committee shall re- Budget Office shall prepare an estimate of ation of a bill under this subsection in the port the bill without any revision and with a the savings in budget authority or outlays Senate shall not be debatable. A motion to favorable, an unfavorable, or without rec- resulting from such proposed rescission and proceed to consideration of the bill may be ommendation, not later than the fifth day of shall include in its estimate, an analysis pre- made even though a previous motion to the session of that House after the date of intro- pared by the Joint Committee on Taxation same effect has been disagreed to. It shall duction of the bill in that House. If the com- related to targeted tax benefits; and not be in order to move to reconsider the mittee fails to report the bill within that pe- ‘‘(ii) the Director of the Joint Committee vote by which the motion to proceed is on Taxation shall prepare an estimate and riod, the committee shall be automatically agreed to or disagreed to. discharged from consideration of the bill, forward such estimate to the Congressional ‘‘(B) LIMITS ON DEBATE.—Debate in the Budget Office, of the savings from repeal of and the bill shall be placed on the appro- Senate on a bill under this subsection, and targeted tax benefits. priate calendar. all debatable motions and appeals in connec- ‘‘(ii) MULTIPLE COMMITTEES.— ‘‘(B) METHODOLOGY.—The estimates re- tion therewith, shall not exceed a total of 10 quired by subparagraph (A) shall be made ‘‘(I) REFERRALS.—If a bill contains provi- hours, equally divided and controlled in the relative to the most recent levels calculated sions in the jurisdiction of more than 1 com- usual form. consistent with the methodology used to cal- mittee, the bill shall be jointly referred to ‘‘(C) DEBATABLE MOTIONS AND APPEALS.— culate a baseline under section 257 of the the committees of jurisdiction and the Com- Debate in the Senate on any debatable mo- Balanced Budget and Emergency Control Act mittee on the Budget. tion or appeal in connection with a bill of 1985 and included with a budget submis- ‘‘(II) VIEWS OF COMMITTEE.—Any com- under this subsection shall be limited to not sion under section 1105(a) of title 31, United mittee, other than the Committee on the more than 1 hour from the time allotted for States Code, and transmitted to the chair- Budget, to which a bill is referred under this debate, to be equally divided and controlled men of the Committees on the Budget of the clause may submit a favorable, an unfavor- in the usual form. House of Representatives and Senate. able recommendation, without recommenda- ‘‘(D) MOTION TO LIMIT DEBATE.—A motion ‘‘(3) ENACTMENT OF RESCISSION BILL.— tion with respect to the bill to the Com- in the Senate to further limit debate on a ‘‘(A) DEFICIT REDUCTION.—Amounts of mittee on the Budget prior to the reporting bill under this subsection is not debatable. budget authority or items of direct spending or discharge of the bill. ‘‘(E) MOTION TO RECOMMIT.—A motion to re- or targeted tax benefit that are rescinded ‘‘(III) REPORTING.—The Committee on the commit a bill under this subsection is not in pursuant to enactment of a bill as provided Budget shall report the bill not later than order. under this part shall be dedicated only to the fifth day of session of that House after ‘‘(F) CONSIDERATION OF THE HOUSE BILL.— deficit reduction and shall not be used as an the date of introduction of the bill in that ‘‘(i) IN GENERAL.—If the Senate has re- offset for other spending increases or rev- House, without any revision and with a fa- ceived the House companion bill to the bill enue reductions. vorable or unfavorable recommendation, or introduced in the Senate prior to the vote re- ‘‘(B) ADJUSTMENT OF BUDGET TARGETS.— with no recommendation, together with the quired under paragraph (1)(C), then the Sen- Not later than 5 days after the date of enact- recommendations of any committee to which ate shall consider, and the vote under para- ment of a rescission bill as provided under the bill has been referred. graph (1)(C) shall occur on, the House com- this part, the chairs of the Committees on ‘‘(IV) DISCHARGE.—If the Committee on the panion bill. the Budget of the Senate and the House of Budget fails to report the bill within that pe- ‘‘(ii) PROCEDURE AFTER VOTE ON SENATE Representatives shall revise spending and riod, the committee shall be automatically BILL.—If the Senate votes, pursuant to para- revenue levels under section 311(a) of the discharged from consideration of the bill, graph (1)(C), on the bill introduced in the Congressional Budget Act of 1974 and adjust and the bill shall be placed on the appro- Senate, the Senate bill shall be held pending the committee allocations under section priate calendar. receipt of the House message on the bill. 302(a) of the Congressional Budget Act of 1974 ‘‘(C) FINAL PASSAGE.—A vote on final pas- Upon receipt of the House companion bill, or any other adjustments as may be appro- sage of the bill shall be taken in the Senate the House bill shall be deemed to be consid- priate to reflect the rescission. The adjust- and the House of Representatives on or be- ered, read for the third time, and the vote on ments shall reflect the budgetary effects of fore the close of the 10th day of session of passage of the Senate bill shall be considered such rescissions as estimated by the Presi- that House after the date of the introduction to be the vote on the bill received from the dent pursuant to paragraph (1)(B)(iii). The of the bill in that House. If the bill is passed, House. appropriate committees shall report revised the Clerk of the House of Representatives ‘‘(d) AMENDMENTS AND DIVISIONS PROHIB- allocations pursuant to section 302(b) of the shall cause the bill to be transmitted to the ITED.— Congressional Budget Act of 1974. Notwith- Senate before the close of the next day of ‘‘(1) IN GENERAL.—No amendment to a bill standing any other provision of law, the re- session of the House. considered under this part shall be in order vised allocations and aggregates shall be ‘‘(2) CONSIDERATION IN THE HOUSE OF REP- in either the Senate or the House of Rep- considered to have been made under a con- RESENTATIVES.— resentatives. current resolution on the budget agreed to ‘‘(A) MOTION TO PROCEED TO CONSIDER- ‘‘(2) NO DIVISION.—It shall not be in order under the Congressional Budget Act of 1974 ATION.—A motion in the House of Represent- to demand a division of the question in the and shall be enforced under the procedures of atives to proceed to the consideration of a House of Representatives (or in a Committee that Act. bill under this subsection shall be highly of the Whole). ‘‘(C) ADJUSTMENTS TO CAPS.—After enact- privileged and not debatable. An amendment ‘‘(3) NO SUSPENSION.—No motion to suspend ment of a rescission bill as provided under to the motion shall not be in order, nor shall the application of this subsection shall be in this part, the President shall revise applica- it be in order to move to reconsider the vote order in the House of Representatives, nor ble limits under the Second Look at Waste- by which the motion is agreed to or dis- shall it be in order in either the House of ful Spending Act of 2007, as appropriate. agreed to. Representatives or the Senate to suspend the ‘‘(c) PROCEDURES FOR EXPEDITED CONSIDER- ‘‘(B) LIMITS ON DEBATE.—Debate in the application of this subsection by unanimous ATION.— House of Representatives on a bill under this consent. ‘‘(1) IN GENERAL.— subsection shall not exceed 4 hours, which ‘‘(e) TEMPORARY PRESIDENTIAL AUTHORITY ‘‘(A) INTRODUCTION.—Before the close of the shall be divided equally between those favor- TO WITHHOLD.— second day of session of the Senate and the ing and those opposing the bill. A motion ‘‘(1) AVAILABILITY.—The President may not House of Representatives, respectively, after further to limit debate shall not be debat- withhold any dollar amount of discretionary the date of receipt of a special message able. It shall not be in order to move to re- budget authority until the President trans- transmitted to Congress under subsection commit a bill under this subsection or to mits and Congress receives a special message

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 10, 2007 CONGRESSIONAL RECORD — SENATE S399 pursuant to subsection (b). Upon receipt by ‘‘(C) required to be allocated for a specific (B) striking the last sentence and inserting Congress of a special message pursuant to program, project, or activity in a law (other at the end the following new sentence: ‘‘Part subsection (b), the President may direct that than an appropriation law) that mandates C of title X also may be cited as the ‘Second any dollar amount of discretionary budget obligations from or within accounts, pro- Look at Wasteful Spending Act of 2007’.’’. authority proposed to be rescinded in that grams, projects, or activities for which budg- (2) TABLE OF CONTENTS.—The table of con- special message shall be withheld from obli- et authority or an obligation limitation is tents set forth in section 1(b) of the Congres- gation for a period not to exceed 45 calendar provided in an appropriation law; sional Budget and Impoundment Control Act days from the date of receipt by Congress. ‘‘(D) represented by the product of the esti- of 1974 is amended by deleting the contents ‘‘(2) EARLY AVAILABILITY.—The President mated procurement cost and the total quan- for part C of title X and inserting the fol- may make any dollar amount of discre- tity of items specified in an appropriation lowing: tionary budget authority withheld from obli- law or included in the statement of man- ‘‘PART C—LEGISLATIVE LINE ITEM VETO gation pursuant to paragraph (1) available at agers or the governing committee report ac- ‘‘Sec. 1021. Expedited consideration of cer- an earlier time if the President determines companying such law; or tain proposed rescissions’’. that continued withholding would not fur- ‘‘(E) represented by the product of the esti- ther the purposes of this Act. mated procurement cost and the total quan- (d) SEVERABILITY.—If any provision of this Act or the amendments made by it is held to ‘‘(f) TEMPORARY PRESIDENTIAL AUTHORITY tity of items required to be provided in a law be unconstitutional, the remainder of this TO SUSPEND.— (other than an appropriation law) that man- Act and the amendments made by it shall ‘‘(1) SUSPEND.— dates obligations from accounts, programs, not be affected by the holding. ‘‘(A) IN GENERAL.—The President may not projects, or activities for which dollar (e) EFFECTIVE DATE AND EXPIRATION.— suspend the execution of any item of direct amount of discretionary budget authority or (1) EFFECTIVE DATE.—The amendments an obligation limitation is provided in an ap- spending or targeted tax benefit until the made by this Act shall— propriation law. President transmits and Congress receives a (A) take effect on the date of enactment of ‘‘(5) RESCIND OR RESCISSION.—The term ‘re- special message pursuant to subsection (b). this Act; and scind’ or ‘rescission’ means— Upon receipt by Congress of a special mes- (B) apply to any dollar amount of discre- ‘‘(A) in the case of a dollar amount of dis- sage, the President may suspend the execu- tionary budget authority, item of direct cretionary budget authority, to reduce or re- tion of any item of direct spending or tar- spending, or targeted tax benefit provided in peal a provision of law to prevent that budg- geted tax benefit proposed to be rescinded in an Act enacted on or after the date of enact- et authority or obligation limitation from that message for a period not to exceed 45 ment of this title. calendar days from the date of receipt by having legal force or effect; and (2) EXPIRATION.—The amendments made by ‘‘(B) in the case of direct spending or tar- Congress. this Act shall expire on December 31, 2010. ‘‘(B) LIMITATION ON 45-DAY PERIOD.—The 45- geted tax benefit, to repeal a provision of law day period described in subparagraph (A) in order to prevent the specific legal obliga- SA 18. Mr. COLEMAN submitted an tion of the United States from having legal shall be reduced by the number of days con- amendment intended to be proposed by tained in the period beginning on the effec- force or effect. tive date of the item of direct spending or ‘‘(6) DIRECT SPENDING.—The term ‘direct him to the bill S. 1, to provide greater targeted tax benefit; and ending on the date spending’ means budget authority provided transparency in the legislative process; that is the later of— by law (other than an appropriation law), which was ordered to lie on the table; ‘‘(i) the effective date of the item of direct mandatory spending provided in appropria- as follows: spending or targeted benefit; or tion Acts, and entitlement authority. At the appropriate place, insert the fol- ‘‘(ii) the date that Congress receives the ‘‘(7) ITEM OF DIRECT SPENDING.—The term lowing: ‘item of direct spending’ means any specific special message. SEC. ll. CONGRESSIONAL TRAVEL PUBLIC ‘‘(C) CLARIFICATION.—Notwithstanding sub- provision of law enacted after the effective WEBSITE. paragraph (B), in the case of an item of di- date of the Second Look at Wasteful Spend- (a) IN GENERAL.—Not later than October 1, rect spending or targeted tax benefit with an ing Act of 2007 that is estimated to result in 2007, the Secretary of the Senate and the effective date within 45 days after the date of an increase in budget authority or outlays Clerk of the House of Representatives shall enactment, the beginning date of the period for direct spending relative to the most re- establish a publicly available website that calculated under subparagraph (B) shall be cent levels calculated consistent with the contains information on all congressional re- the date that is 45 days after the date of en- methodology described in section 257 of the ported official travel that includes— actment and the ending date shall be the Balanced Budget and Emergency Deficit (1) a simple, easily understood search en- date that is the later of— Control Act of 1985 and included with a budg- gine; ‘‘(i) the date that is 45 days after enact- et submission under section 1105(a) of title (2) uniform categorization by Member, or- ment; or 31, United States Code, and, with respect to ganization, travel, dates, destination, and ‘‘(ii) the date that Congress receives the estimates made after that budget submission any other common categories associated special message. that are not included with it, estimates con- with congressional travel; and ‘‘(2) EARLY AVAILABILITY.—The President sistent with the economic and technical as- (3) all forms filed in the Senate and the may terminate the suspension of any item of sumptions underlying the most recently sub- House of Representatives relating to official direct spending or targeted tax benefit sus- mitted President’s budget. travel, including the ‘‘Disclosure of Member pended pursuant to paragraph (1) at an ear- ‘‘(8) SUSPEND THE EXECUTION.—The term or Officer’s Reimbursed Travel Expenses’’ lier time if the President determines that ‘suspend the execution’ means, with respect form in the Senate. continuation of the suspension would not to an item of direct spending or a targeted (b) AUTHORIZATION OF APPROPRIATIONS.— further the purposes of this Act. tax benefit, to stop the carrying into effect There are authorized to be appropriated such ‘‘(g) DEFINITIONS.—In this part: of the specific provision of law that provides sums as are necessary to carry out this sec- ‘‘(1) APPROPRIATION LAW.—The term ‘appro- such benefit. tion. priation law’ means any general or special ‘‘(9) TARGETED TAX BENEFIT.—The term appropriation Act, and any Act or joint reso- ‘targeted tax benefit’ means— SA 19. Mr. McCAIN submitted an lution making supplemental, deficiency, or ‘‘(A) any revenue provision that has the amendment intended to be proposed to continuing appropriations. practical effect of providing more favorable amendment SA 3 proposed by Mr. REID tax treatment to a particular taxpayer or ‘‘(2) CALENDAR DAY.—The term ‘calendar (for himself, Mr. MCCONNELL, Mrs. day’ means a standard 24-hour period begin- limited group of taxpayers when compared FEINSTEIN, Mr. BENNETT, Mr. LIEBER- ning at midnight. with other similarly situated taxpayers; or MAN, Ms. COLLINS, Mr. OBAMA, Mr. ‘‘(3) DAYS OF SESSION.—The term ‘days of ‘‘(B) any Federal tax provision which pro- session’ means only those days on which vides one beneficiary temporary or perma- SALAZAR, and Mr. DURBIN) to the bill S. both Houses of Congress are in session. nent transition relief from a change to the 1, provide greater transparency in the ‘‘(4) DOLLAR AMOUNT OF DISCRETIONARY Internal Revenue Code of 1986.’’. legislative process; which was ordered BUDGET AUTHORITY.—The term ‘dollar (b) EXERCISE OF RULEMAKING POWERS.— to lie on the table; as follows: amount of discretionary budget authority’ Section 904 of the Congressional Budget Act On page 8, line 4 of the amendment, strike means the dollar amount of budget authority of 1974 (2 U.S.C. 621 note) is amended— ‘‘expense.’’.’’ and insert the following: ‘‘ex- and obligation limitations— (1) in subsection (a), by striking ‘‘and 1017’’ pense. ‘‘(A) specified in an appropriation law, or and inserting ‘‘1017, and 1021’’; and ‘‘(i) A Member, officer, or employee who the dollar amount of budget authority re- (2) in subsection (d), by striking ‘‘section travels on an aircraft operated or paid for by quired to be allocated by a specific proviso in 1017’’ and inserting ‘‘sections 1017 and 1021’’. a carrier not licensed by the Federal Avia- an appropriation law for which a specific dol- (c) CLERICAL AMENDMENTS.— tion Administration shall file a report with lar figure was not included; (1) SHORT TITLE.—Section 1(a) of the Con- the Secretary of the Senate not later than 60 ‘‘(B) represented separately in any table, gressional Budget and Impoundment Control days after the date on which such flight is chart, or explanatory text included in the Act of 1974 is amended by— taken. The report shall include— statement of managers or the governing (A) striking ‘‘Parts A and B’’ before ‘‘title ‘‘(1) the date of such flight; committee report accompanying such law; X’’ and inserting ‘‘Parts A, B, and C’’; and ‘‘(2) the destination of such flight;

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S400 CONGRESSIONAL RECORD — SENATE January 10, 2007 ‘‘(3) the owner or lessee of the aircraft; (C) a trade association for any such compa- mittee on Agriculture, Nutrition and ‘‘(4) the purpose of such travel; nies. Forestry be authorized to conduct a ‘‘(5) the persons on such flight (except for (3) For the Energy Policy Act of 2005 (Pub- hearing during the session of the Sen- any person flying the aircraft); and lic Law 109-58; 119 Stat. 594), any contribu- ate on Wednesday January 10, 2007 at ‘‘(6) the charter rate paid for such flight.’’. tion made during the time period described On page 9, line 21 of the amendment, strike in subsection (a) by or on behalf of a polit- 9:30 a.m. in 328a, Senate Russell Office ‘‘committee pays’’ and insert the following: ical action committee associated or affili- Building. The purpose of this com- ‘‘committee— ated with— mittee hearing will be to discuss agri- ‘‘(I) pays’’ (A) a company in the oil, natural gas, nu- culture and rural America’s role in en- On page 10, line 5 of the amendment, strike clear, or coal industry; or hancing national energy security. ‘‘taken.’’ and insert the following: ‘‘taken; (B) a trade association for any such compa- The PRESIDING OFFICER. Without and nies. objection, it is so ordered. ‘‘(II) files a report with the Secretary of (4) For the Dominican Republic-Central COMMITTEE ON ARMED SERVICES the Senate not later than 60 days after the America-United States Free Trade Agree- date on which such flight is taken, such re- ment Implementation Act (Public Law 109- Mr. LEAHY. Mr. President, I ask port shall include— 53; 119 Stat. 462), any contribution made dur- unanimous consent that the Com- ‘‘(aa) the date of such flight; ing the time period described in subsection mittee on Armed Services be author- ‘‘(bb) the destination of such flight; (a) by or on behalf of a political action com- ized to meet during the session of the ‘‘(cc) the owner or lessee of the aircraft; mittee associated or affiliated with— Senate on Wednesday, January 10, 2007, ‘‘(dd) the purpose of such travel; (A) the United States Chamber of Com- at 2 p.m., in closed session to receive a ‘‘(ee) the persons on such flight (except for merce, the National Association of Manufac- briefing regarding U.S. military action any person flying the aircraft); and turers, the Business Roundtable, the Na- ‘‘(ff) the charter rate paid for such flight.’’. tional Federation of Independent Business, in Somalia. the Emergency Committee for American The PRESIDING OFFICER. Without SA 20. Mr. BENNETT (for himself and Trade, or any member company of such enti- objection, it is so ordered. Mr. MCCONNELL) submitted an amend- ties; or COMMITTEE ON FINANCE ment intended to be proposed to (B) any other free trade organization fund- Mr. LEAHY. Mr. President, I ask amendment SA 3 proposed by Mr. REID ed primarily by corporate entities. unanimous consent that the Com- (for himself, Mr. MCCONNELL, Mrs. (c) AGGREGATE REPORTING.—The report mittee on Finance be authorized to FEINSTEIN, Mr. BENNETT, Mr. LIEBER- submitted under subsection (a)— (1) shall not list the particular Member of meet during the session on Finance MAN, Ms. COLLINS, Mr. OBAMA, Mr. the Senate or House of Representative that will meet on Wednesday, January 10, SALAZAR, and Mr. DURBIN) to the bill S. received a contribution; and 2007, at 10 a.m., in 215 Dirksen Senate 1, to provide greater transparency in (2) shall report the aggregate amount of Office Building, to hear testimony on the legislative process; which was or- contributions given by each entity identified ‘‘Tax Incentives for Businesses in Re- dered to lie on the table; as follows: in subsection (b) to— sponse to a Minimum Wage Increase’’. Strike section 220 of the amendment (relat- (A) Members of the Senate by the organiza- The PRESIDING OFFICER. Without ing to disclosure of paid efforts to stimulate tions identified in subsection (b) during the objection, it is so ordered. grassroots lobbying). time period described in subsection (a) for the corresponding Act identified in sub- COMMITTEE ON FOREIGN RELATIONS SA 21. Mr. SANDERS submitted an section (b); and Mr. LEAHY. Mr. President, I ask amendment intended to be proposed by (B) Members of the House of Representa- unanimous consent that the Com- him to the bill S. 1, to provide greater tives by the organizations identified in sub- mittee on Foreign Relations be author- transparency in the legislative process; section (b) during the time period described ized to meet during the session of the which was ordered to lie on the table; in subsection (a) for the corresponding Act Senate on Wednesday, January 10, 2007, identified in subsection (b). as follows: at 9:30 a.m. to hold a hearing on Iraq. (d) DEFINITIONS.—In this section— At the appropriate place, insert the fol- (1) the terms ‘‘authorized committee’’, The PRESIDING OFFICER. Without lowing: ‘‘candidate’’, ‘‘contribution’’, ‘‘political com- objection, it is so ordered. SEC. ll. REPORT REGARDING POLITICAL CON- mittee’’, and ‘‘political party’’ have the COMMITTEE ON HEALTH, EDUCATION, LABOR, TRIBUTIONS. meanings given such terms in section 301 of AND PENSIONS (a) IN GENERAL.—Not later than 6 months the Federal Election Campaign Act of 1971 (2 after the date of enactment of this Act, the Mr. LEAHY. Mr. President, I ask U.S.C. 431); and Comptroller General of the United States unanimous consent that the Com- (2) the term ‘‘political action committee’’ shall submit a report to Congress detailing mittee on Health, Education, Labor, means any political committee that is not— the number, type, and quantity of contribu- (A) a political committee of a political and Pensions be authorized to hold a tions made to Members of the Senate or the party; or hearing during the session of the Sen- House of Representatives during the 30- (B) an authorized committee of a can- ate on Wednesday, January 10, 2007 at month period beginning on the date that is 10 a.m. in SD–430. 24 months before the date of enactment of didate. the Acts identified in subsection (b) by the f The PRESIDING OFFICER. Without corresponding organizations identified in objection, it is so ordered. subsection (b). NOTICES OF HEARINGS COMMITTEE ON THE JUDICIARY (b) ORGANIZATIONS AND ACTS.—The report COMMITTEE ON ENERGY AND NATURAL Mr. LEAHY. Mr. President, I ask submitted under subsection (a) shall detail RESOURCES unanimous consent that the Com- the number, type, and quantity of contribu- Mr. BINGAMAN. Mr. President, I tions made to Members of the Senate or the mittee on the Judiciary be authorized House of Representatives as follows: wish to inform the Senate and the Pub- to meet to conduct a hearing on ‘‘Bal- (1) For the Medicare Prescription Drug, lic that the committee on Energy and ancing Privacy and Security: The Pri- Improvement, and Modernization Act of 2003 Natural Resources will hold a hearing vacy Implications of Government Data (Public Law 108-173; 117 Stat. 2066), any con- during the session of the Senate on Mining Programs’’ on Wednesday, Jan- tribution made during the time period de- Wednesday, January 10, 2007 at 9:45 uary 10, 2007 at 9:30 a.m. in Dirksen scribed in subsection (a) by or on behalf of a a.m. in room SD–G50 of the Dirksen Senate Office Building Room 226. political action committee associated or af- Building. Witness List: The Honorable Robert filiated with— (A) a pharmaceutical company; or The purpose of the hearing is to re- Barr, Chief Executive Officer, Liberty (B) a trade association for pharmaceutical ceive testimony on the global oil bal- Strategies, LLC, Atlanta, GA; James companies. ance and its implications for U.S. eco- Jay Carafano, Ph.D., Heritage Founda- (2) For the Bankruptcy Abuse Prevention nomic and national security. tion, Assistant Director, Kathryn and and Consumer Protection Act of 2005 (Public f Shelby Cullom Davis Institute for Law 109-8; 119 Stat. 23), any contribution International Studies, Senior Research made during the time period described in AUTHORITY FOR COMMITTEES TO Fellow, Douglas and Sarah Allison Cen- subsection (a) by or on behalf of a political MEET ter for Foreign Policy Studies, Wash- action committee associated or affiliated with— COMMITTEE ON AGRICULTURE, NUTRITION, AND ington, DC; Mr. Jim Harper, Director (A) a bank or financial services company; FORESTRY of Information Policy Studies, CATO (B) a company in the credit card industry; Mr. LEAHY. Mr. President, I ask Institute, Washington, DC; Ms. Leslie or unanimous consent that the Com- Harris, Executive Director, Center for

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FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF Democracy and Technology, Wash- Senate completes its business today, it CLASS TWO, CONSULAR OFFICERS AND SECRETARIES IN ington, DC; Mr. Kim A. Taipale, Found- stand adjourned until 9:30 a.m., Thurs- THE DIPLOMATIC SERVICE OF THE UNITED STATES OF er and Executive Director, Center for day, January 11; that on Thursday, fol- AMERICA: Advanced Studies in Science and Tech- lowing the prayer and the pledge, the AGENCY FOR INTERNATIONAL DEVELOPMENT nology Policy, New York, NY. Journal of proceedings be approved to JASON D. FRASER, OF THE DISTRICT OF COLUMBIA TADEUSZ FINDEISEN, OF FLORIDA The PRESIDING OFFICER. Without date, the morning hour be deemed ex- MILAN PAVLOVIC, OF NEW YORK objection, it is so ordered. pired, the time for the two leaders be CHERYL ANN WILLIAMS, OF VIRGINIA SELECT COMMITTEE ON INTELLIGENCE reserved for their use later in the day, DEPARTMENT OF STATE Mr. LEAHY. Mr. President, I ask and that there then be a period of KATHERINE L. BRANDEIS, OF VIRGINIA morning business for 90 minutes, with FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF unanimous consent that the Select CLASS THREE, CONSULAR OFFICERS AND SECRETARIES Committee on Intelligence be author- Senators permitted to speak therein, IN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF ized to meet during the session of the with the first half controlled by the AMERICA: Senate on January 10, 2007 at 2:30 p.m. minority and the second half con- AGENCY FOR INTERNATIONAL DEVELOPMENT trolled by the majority; that at the KAYA DURRELL ADAMS, OF THE DISTRICT OF COLUMBIA to hold a business meeting. ROBERT W. APPIAH, OF TENNESSEE The PRESIDING OFFICER. Without conclusion of morning business, the ROBERT L. ARELLANO, OF FLORIDA objection, it is so ordered. Senate resume S. 1. JOHN L. BRANNAMAN, OF IOWA The ACTING PRESIDENT pro tem- PAUL V. BRUNING, OF CALIFORNIA f JAYNE M. CARBONE, OF MARYLAND pore. Without objection, it is so or- JULIE CHEN, OF MARYLAND KENNETH COLLINS, OF THE DISTRICT OF COLUMBIA PRIVILEGES OF THE FLOOR dered. LAURA E. COUGHLIN, OF MARYLAND f THOMAS CRUBAUGH, OF MARYLAND Mr. GREGG. Mr. President, I ask TIMOTHY J. DONNAY, OF VERMONT unanimous consent that Seema Mittal, PROGRAM BETH PENNOCK DUNFORD, OF NEW YORK assistant to the Senate Budget Com- POLLY C. DUNFORD-ZAHAR, OF NEW YORK Mr. WHITEHOUSE. Mr. President, on MICHAEL J. EDDY, OF MISSOURI mittee, be allowed the privilege of the RONALD HOWARD EDWARDS, OF MARYLAND behalf of the leader, I have been asked floor during the consideration of S. 1 SYLVA ETIAN, OF MARYLAND to reiterate that votes are expected to- MARTIN R. FISCHER, OF CALIFORNIA and votes that may occur in relation LATANYA MAPP FRETT, OF GEORGIA morrow and could occur around noon, thereto. CHRISTIAN G. FUNG, OF CALIFORNIA with other votes occurring in the after- RAMSES GAUTHIER, OF FLORIDA The PRESIDING OFFICER. Without NANCY A. FISHER-GORMLEY, OF FLORIDA noon. A number of amendments are objection, it is so ordered. JOHN F. HANSEN, OF WASHINGTON still pending, and it is hoped that we ROSS MARVIN HICKS, OF TEXAS f MCDONALD C. HOMER, OF MARYLAND can begin to dispose of them as other JOHN D. IRONS, OF VIRGINIA Members come forward with amend- CHERYL KAMIN, OF MARYLAND APPOINTMENTS JEFFREY S. KAUFMAN, OF VIRGINIA ments. The PRESIDING OFFICER. The RALPH VINCENT KOEHRING, OF VIRGINIA f KIMBERLEY LUCAS, OF THE DISTRICT OF COLUMBIA chair, on behalf of the majority leader, MICHAEL MARTIN, OF FLORIDA STEPHEN ROBERT MORIN, OF VIRGINIA after consultation with the ranking ADJOURNMENT UNTIL 9:30 A.M. PAMELA J. MORRIS, OF MASSACHUSETTS member of the Senate Committee on TOMORROW ALEATHEA D. PIRTLE MUSAH, OF GEORGIA EVELYN RODRIGUEZ PEREZ, OF FLORIDA Finance, pursuant to Public Law 106– Mr. WHITEHOUSE. If there is no fur- KENDRA PHILLIPS, OF ILLINOIS 170, announces the appointment of the SUZANNE M. POLAND, OF IOWA ther business to come before the Sen- ROBERT S. RHODES, JR., OF MARYLAND following individual to serve as a mem- ate, I now ask unanimous consent that PATRICK L. ROBINSON, OF NEW HAMPSHIRE ber of the Ticket to Work and Work In- MICHAEL PATRICK ROSSMAN, OF VIRGINIA the Senate stand adjourned under the KEVIN C. SHARP, OF CALIFORNIA centives Advisory Panel: David L. Mil- previous order. DAVID B. SMALE, OF OREGON ler of South Dakota. AMY C. TOHILL-STULL, OF VIRGINIA There being no objection, the Senate, KEVIN JOSEPH STURR, OF NEW YORK The Chair, on behalf of the Vice at 6:07 p.m., adjourned until Thursday, SUSAN CAROL THOLLAUG, OF CALIFORNIA President, pursuant to the provisions January 11, 2007, at 9:30 a.m. SUSAN MARY THOMAS, OF TENNESSEE of 20 U.S.C., sections 42 and 43, appoints DAVID JOSEPH THOMPSON, OF VIRGINIA f CHRISTOPHE A. TOCCO, OF CALIFORNIA the Senator from Connecticut (Mr. THERESA G. TUANO, OF MARYLAND NOMINATIONS MARK ROBERT VISOCKY, OF WISCONSIN DODD) as a member of the Board of Re- CLINTON DAVID WHITE, OF FLORIDA gents of the Smithsonian Institution, Executive nominations received by PETER ALEXANDER WIEBLER, OF PENNSYLVANIA IRIS L. YOUNG, OF VIRGINIA vice the Senator from Tennessee (Mr. the Senate January 10, 2007: SHEILA A. YOUNG, OF OREGON FRIST). MORRIS K. UDALL SCHOLARSHIP AND EXCEL- DEPARTMENT OF STATE f LENCE IN NATIONAL ENVIRONMENTAL POLICY BRIAN E. ANSELMAN, OF TEXAS FOUNDATION FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF MEASURE READ THE FIRST CLASS FOUR, CONSULAR OFFICERS AND SECRETARIES IN BRADLEY UDALL, OF COLORADO, TO BE A MEMBER OF THE DIPLOMATIC SERVICE OF THE UNITED STATES OF TIME—H.R. 2 THE BOARD OF TRUSTEES OF THE MORRIS K. UDALL AMERICA: SCHOLARSHIP AND EXCELLENCE IN NATIONAL ENVIRON- Mr. WHITEHOUSE. Mr. President, I MENTAL POLICY FOUNDATION FOR A TERM EXPIRING DEPARTMENT OF STATE OCTOBER 6, 2012. (REAPPOINTMENT) understand that H.R. 2 is at the desk, ERNEST J. ABISELLAN, OF FLORIDA and I ask for its first reading. DEPARTMENT OF STATE ORY S. ABRAMOWICZ, OF ILLINOIS VALERIE THERESE ADAMCYK, OF NEW YORK P. ROBERT FANNIN, OF ARIZONA, TO BE AMBASSADOR The ACTING PRESIDENT pro tem- TERRY ALLEN ALSTON, OF TENNESSEE EXTRAORDINARY AND PLENIPOTENTIARY OF THE BRIDGETTE SARAH ANDERSON, OF TEXAS pore. The clerk will report the bill by UNITED STATES OF AMERICA TO THE DOMINICAN REPUB- PETER JAMES ANTHES, OF VIRGINIA LIC. title. JOHN MORGAN BARRETT, OF CALIFORNIA WILLIAM RAYMOND STEIGER, OF WISCONSIN, TO BE ELIAS STEPHEN BAUMANN, OF FLORIDA The assistant legislative clerk read AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY SALLY PARKS BEHRHORST, OF CALIFORNIA OF THE UNITED STATES OF AMERICA TO THE REPUBLIC as follows: MOULIK DHYAN BERKANA, OF NEW YORK OF MOZAMBIQUE. A bill (H.R. 2) to amend the Fair Labor MANU BHALLA, OF NEW HAMPSHIRE UNITED STATES AGENCY FOR INTERNATIONAL ELLEN S. BIENSTOCK, OF PENNSYLVANIA Standards Act of 1938 to provide for an in- DEVELOPMENT DANIEL L. BIERS, OF CALIFORNIA crease in the Federal minimum wage. BRIAN EDWARD BOLTON, OF VIRGINIA DOUGLAS MENARCHIK, OF TEXAS, TO BE AN ASSIST- TREVOR W. BOYD, OF NEW JERSEY Mr. WHITEHOUSE. I now ask for a ANT ADMINISTRATOR OF THE UNITED STATES AGENCY JEREMY D. CADDEL, OF TEXAS second reading, and I object to my own FOR INTERNATIONAL DEVELOPMENT. (REAPPOINTMENT) JOSEPH J. CALLAHAN IV, OF FLORIDA MICHAEL R. CARPENTER, OF CALIFORNIA request. OFFICE OF PERSONNEL MANAGEMENT MICHAEL J. CHADWICK, OF VIRGINIA BENJAMIN CHIANG, OF VIRGINIA The ACTING PRESIDENT pro tem- HOWARD CHARLES WEIZMANN, OF MARYLAND, TO BE JASON JOHN CHIODI, OF PENNSYLVANIA DEPUTY DIRECTOR OF THE OFFICE OF PERSONNEL MAN- pore. The objection is heard. LOREN EDWARD CHOVAN, OF CALIFORNIA AGEMENT, VICE DAN GREGORY BLAIR. The bill will be read the second time DAN CINTRON, OF NEW YORK FOREIGN SERVICE WILLIAM M. COLEMAN IV, OF NORTH CAROLINA on the next legislative day. DEWITT CHARLES CONKLIN III, OF FLORIDA THE FOLLOWING-NAMED PERSONS OF THE AGENCIES MARY GARDNER COPPOLA, OF CONNECTICUT f INDICATED FOR APPOINTMENT AS FOREIGN SERVICE OF- WILEY PATRICK CRAGUN, OF TEXAS FICERS OF THE CLASSES STATED. FOR APPOINTMENT AS KEVIN BERLE CRISP, OF CALIFORNIA ORDERS FOR THURSDAY, FOREIGN SERVICE OFFICER OF CLASS ONE, CONSULAR RODNEY DEVI CUNNINGHAM, OF NEW YORK JANUARY 11, 2007 OFFICER AND SECRETARY IN THE DIPLOMATIC SERVICE JENNIFER LYNN DAVIS, OF VIRGINIA OF THE UNITED STATES OF AMERICA: JESSICA LYNN DAVIS BA, OF THE DISTRICT OF COLUM- Mr. WHITEHOUSE. Mr. President, I AGENCY FOR INTERNATIONAL DEVELOPMENT BIA BROOKE ELIZABETH DE MONTLUZIN, OF LOUISIANA ask unanimous consent that when the NATALIE J. FREEMAN, OF THE DISTRICT OF COLUMBIA STEVEN M. DYOKAS, OF ILLINOIS

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00089 Fmt 0624 Sfmt 9801 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S402 CONGRESSIONAL RECORD — SENATE January 10, 2007 JENNIFER W. EADIE, OF VIRGINIA KRISTIN L. WESTPHAL, OF VERMONT To be colonel MEGAN ALLISON ELLIS, OF CALIFORNIA THOMAS WISE, OF MINNESOTA JEROME NORBERT EPPING, JR., OF TEXAS ORSURE W. STOKES, 0000 MATTHEW M. EUSSEN, OF WASHINGTON THE FOLLOWING-NAMED CAREER MEMBER OF THE SHANNON BELL FARRELL, OF WISCONSIN SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF THE FOLLOWING NAMED OFFICER FOR REGULAR AP- LISA LAURETTE FICEK, OF SOUTH DAKOTA STATE FOR PROMOTION WITHIN THE SENIOR FOREIGN POINTMENT IN THE GRADE INDICATED IN THE UNITED MARY FRANCIS FISK-TELCHI, OF ARKANSAS SERVICE TO THE CLASS INDICATED: CAREER MEMBER OF STATES ARMY MEDICAL SERVICE CORPS UNDER TITLE REBECCA ANN FONG, OF CALIFORNIA THE SENIOR FOREIGN SERVICE OF THE UNITED STATES 10, U.S.C., SECTIONS 531 AND 3064: DONALD L. FRERICHS, OF TEXAS OF AMERICA, CLASS OF MINISTER-COUNSELOR: To be lieutenant colonel KATHERINE L. GILES-DIAZ, OF VIRGINIA DEBORAH ANN MCCARTHY, OF FLORIDA ROBERT L. GONZALES, OF TEXAS ALVIS DUNSON, 0000 SARAH ELIZABETH GORDON, OF NEW YORK IN THE AIR FORCE JEFFREY DAVID GRAHAM, OF NEW YORK THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MICHAEL W. GRAY, OF LOUISIANA APPOINTMENT TO THE GRADES INDICATED IN THE TO THE GRADE INDICATED IN THE UNITED STATES AIR MICHAEL THOMAS GREER, OF NEW YORK UNITED STATES ARMY MEDICAL CORPS UNDER TITLE 10, FORCE UNDER TITLE 10, U.S.C., SECTION 624: NICHOLAS C. GRIFFITH III, OF TENNESSEE U.S.C., SECTIONS 531 AND 3064: C. COLIN GUEST, OF VIRGINIA To be colonel To be lieutenant colonel CATHERINE GULYAN, OF COLORADO MARY K. GUNN, OF CALIFORNIA WALLY G. VAUGHN, 0000 JEFFREY W. WEISER, 0000 CHRISTOPHER JOHN GUNNING, OF TEXAS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MARLIN J. HARDINGER, OF WISCONSIN To be major TO THE GRADE INDICATED IN THE UNITED STATES AIR CYNTHIA R. HARVEY, OF WASHINGTON FORCE UNDER TITLE 10, U.S.C., SECTION 624: MURRAY R. BERKOWITZ, 0000 RONALD E. HAWKINS, JR., OF MARYLAND PABLO C. CHAN, 0000 CHARLES V. HAWLEY, OF VIRGINIA To be colonel LEONARD J. GRADO, 0000 CHRISTENE BINH-AN PHAM HENDON, OF MICHIGAN JAMES E. POWELL, 0000 WILLIAM E. HERZOG, OF ILLINOIS THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR DEBORAH ANN HICK, OF FLORIDA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT APPOINTMENT TO THE GRADES INDICATED IN THE KEVAN PAUL HIGGINS, OF MARYLAND TO THE GRADE INDICATED IN THE UNITED STATES AIR UNITED STATES ARMY MEDICAL SERVICE CORPS UNDER JAMES J. HOGAN III, OF CALIFORNIA FORCE UNDER TITLE 10, U.S.C., SECTION 624: TITLE 10, U.S.C., SECTIONS 531 AND 3064: ERIK J. HOLMGREN, OF ILLINOIS SARAH PRICE HORTON, OF FLORIDA To be lieutenant colonel To be lieutenant colonel BRADLEY A. HURST, OF CALIFORNIA SUZANNE MARY INZERILLO, OF ILLINOIS JEAN M. EAGLETON, 0000 KURT G. BULLINGTON, 0000 ANDREW JOHNSON, OF CALIFORNIA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be major MATTHEW RALEIGH JOHNSON, OF ALABAMA TO THE GRADE INDICATED IN THE UNITED STATES AIR KENNETH JONES, OF NEW JERSEY RANDELL D. BASS, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 624: RYAN JOHN KOCH, OF COLORADO JASON M. CATES, 0000 KAWEEM M. KOSHAN, OF CALIFORNIA To be lieutenant general THE FOLLOWING NAMED ARMY NATIONAL GUARD OF COURTNEY A. KRAMER BEALE, OF THE DISTRICT OF CO- THE UNITED STATES OFFICERS FOR APPOINTMENT TO JEFFREY R. COLPITTS, 0000 LUMBIA THE GRADE INDICATED IN THE RESERVE OF THE ARMY JENNIFER ADRIANA LARSON, OF NEW HAMPSHIRE IN THE ARMY UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: MEGAN ELIZABETH LARSON-KON, OF MARYLAND GEORGE EDWARD LEARNED, OF COLORADO THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be colonel CHRISTOPHER GEORGE LESLIE, OF NORTH CAROLINA TO THE GRADE INDICATED IN THE RESERVE OF THE YAGNYA VIKRAM LIMAYE-DAVIS, OF VIRGINIA ARMY UNDER TITLE 10, U.S.C., SECTION 12203: ALTON J. LUDER, JR., 0000 VLAD LIPSCHUTZ, OF NEW YORK DOUGLAS J. MOUTON, 0000 BONNIE D. LONG, OF FLORIDA To be colonel THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CHRISTOPHER JOHN LONG, OF CALIFORNIA STEPHEN D. HOGAN, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY SARA MARGARET LUTHER, OF COLORADO PAULA R. WATSON, 0000 DENTAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 ELIZABETH M. MACDONALD, OF CONNECTICUT PHILLIP H. WILLIAMS, 0000 AND 3064: PETER K. MALECHA, OF ILLINOIS JOHN RUSH MARBURG, OF MARYLAND THE FOLLOWING NAMED INDIVIDUAL TO THE GRADE To be colonel JOHN MARIETTI, OF MICHIGAN INDICATED IN THE RESERVE OF THE ARMY UNDER TITLE ELIZABETH KATHLEEN MARTIN, OF ILLINOIS 10, U.S.C., SECTION 12203: GARY L. BREWER, 0000 PETER H. MARTIN, OF THE DISTRICT OF COLUMBIA To be colonel THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JEFFREY WILLIAM MAZUR, OF WISCONSIN TO THE GRADE INDICATED IN THE UNITED STATES ARMY ANDREW MCCLEARN, OF VIRGINIA LAURENCE W. GEBLER, 0000 MEDICAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 ROBERT HAYNES MCCUTCHEON III, OF VIRGINIA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MARK G. MCGOVERN, OF NEW JERSEY AND 3064: TO THE GRADE INDICATED IN THE UNITED STATES ARMY WALTER R. MILLER, OF CONNECTICUT UNDER TITLE 10, U.S.C., SECTION 624: To be colonel JOSEPH E. MOONE, OF VIRGINIA DAVID W. MOYER, OF MARYLAND To be colonel MICHAEL J. FINGER, 0000 GONS GUTIRREZ NACHMAN, OF FLORIDA ROBERT T. RUIZ, 0000 JAI LAWRIE NAIR, OF ARIZONA JOHN E. MARKHAM, 0000 SIRIANA KVALVIK NAIR, OF ARIZONA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT PAUL F. NARAIN, OF MARYLAND TO THE GRADE INDICATED IN THE UNITED STATES ARMY TO THE GRADE INDICATED IN THE UNITED STATES ARMY TIMOTHY DAVID NELSON, OF CALIFORNIA MEDICAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 UNDER TITLE 10, U.S.C., SECTION 624: ELEFTHERIOS E. NETOS, OF INDIANA AND 3064: CHRISTOPHER M. NEWTON, OF CALIFORNIA To be lieutenant colonel To be major AMY LORENE NICODEMUS, OF NEW JERSEY AARON C. OLSA, OF VIRGINIA ARIEL P. ABUEL, 0000 PHILIP SUNDQUIST, 0000 DEAN A. REDDEN, 0000 BRYAN OLTHOF, OF VIRGINIA THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR SCOTT C. SHELTZ, 0000 LESLIE ORDEMAN, OF COLORADO APPOINTMENT TO THE GRADE INDICATED IN THE AMY LYNN MUDD PATEL, OF MISSOURI THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNITED STATES ARMY VETERINARY CORPS UNDER DEBORAH Y. PEDROSO, OF CALIFORNIA TO THE GRADE INDICATED IN THE UNITED STATES ARMY TITLE 10, U.S.C., SECTION 531 AND 3064: MAURA VAUGHAN PELLET, OF WASHINGTON CHAD S. PETERSON, OF WASHINGTON UNDER TITLE 10, U.S.C., SECTION 624: To be major JENNIFER MARIE PETERSON, OF FLORIDA To be lieutenant colonel RICHARD J. PETERSON, OF UTAH CARRIE G. BENTON, 0000 JEFFREY LYNN PILGREEN, OF WASHINGTON DAVID W. LAFLAM, 0000 CAROL A. MACGREGORDEBARBA, 0000 ROBERT JASPER POPE, OF MINNESOTA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR ANDREW L. PRATER, OF MISSOURI APPOINTMENT TO THE GRADE INDICATED IN THE CAROLINE L. PRICE, OF GEORGIA TO THE GRADE INDICATED IN THE UNITED STATES ARMY UNITED STATES ARMY MEDICAL SERVICE CORPS UNDER MARION HEYNA RAM, OF CALIFORNIA UNDER TITLE 10, U.S.C., SECTION 624: TITLE 10, U.S.C., SECTION 531 AND 3064: JUDITH RAVIN, OF NEW JERSEY To be lieutenant colonel LARILYN LEIGH REFFETT, OF ILLINOIS To be major ANTHONY F. RENZULLI, OF NEW YORK THOMAS P. FLYNN, 0000 ISABEL E. RIOJA-SCOTT, OF ARIZONA MARIVEL VELAZQUEZCRESPO, 0000 FREDERIC JORGE ROCAFORT PABN, OF FLORIDA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR JENNIFER LEE ROQUE, OF FLORIDA TO THE GRADE INDICATED IN THE RESERVE OF THE JAMES PALMER ROSELI, OF MARYLAND ARMY UNDER TITLE 10, U.S.C., SECTION 1552: APPOINTMENT TO THE GRADE INDICATED IN THE ERIC A. SALZMAN, OF NEW MEXICO To be colonel UNITED STATES ARMY NURSE CORPS UNDER TITLE 10, SATRAJIT SARDAR, OF TEXAS U.S.C., SECTIONS 531 AND 3064: ERIN SAWYER, OF CALIFORNIA EARL W. SHAFFER, 0000 To be major LAURA KATHRYN SCHEIBE, OF VIRGINIA IN THE AIR FORCE CAROLYN SCHERER CLARK, OF FLORIDA GRACE NORTHUP, 0000 ELIZABETH NICHOLS SCHLACHTER, OF VIRGINIA THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- JANET L. NORMAN, 0000 AARON MICHAEL SCHWOEBEL, OF TEXAS MENT IN THE GRADES INDICATED IN THE REGULAR AIR MYLY T. MCDIVITT, 0000 JON M. SELLE, OF TEXAS FORCE UNDER TITLE 10, U.S.C., SECTION 531(A): MARY L. SPRAGUE, 0000 MICHAEL T. SESTAK, OF NEW YORK GEOFFREY C. SIEBENGARTNER, OF OREGON To be lieutenant colonel THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JESSICA LEIGH SIMON, OF OREGON TO THE GRADE INDICATED IN THE UNITED STATES ARMY GAYANNE DEVRY, 0000 DAVID WALKER SIMPSON, OF TEXAS AS CHAPLAINS UNDER TITLE 10, U.S.C., SECTIONS 624 AND CARLOS R. ESQUIVEL, 0000 CHRISTOPHER M. SMITH, OF FLORIDA 3064: DEMIAN SMITH, OF VIRGINIA To be major To be colonel TIMOTHY G. SMITH, OF WASHINGTON AARON DAVID SNIPE, OF VIRGINIA GRADY L. BURLESON, 0000 FRANCIS M. BELUE, 0000 CHRISTOPHER K. SNIPES, OF CALIFORNIA RENEE S. DAYE, 0000 RUBEN D. COLON, JR., 0000 ALEXANDER W. SOKOLOFF, OF FLORIDA JULIETTE S. FONTAINE, 0000 JAMES L. GRIFFIN, 0000 MARK STROH, OF PENNSYLVANIA STEVEN P. HERNANDEZ, 0000 CHARLES L. HOWELL, 0000 OSMAN N. TAT, OF MARYLAND JANICE E. KATZ, 0000 KENNETH L. KERR, 0000 ROBERT J. TATE, OF WASHINGTON NEIL R. WHITTAKER, 0000 WILLIAM T. LAIGAIE, 0000 CODY CORINNE TAYLOR, OF CALIFORNIA IN THE ARMY MICHAEL T. LEMBKE, 0000 KATYA THOMAS, OF MARYLAND SCOTTIE R. LLOYD, 0000 STERLING DAVID TILLEY, JR., OF FLORIDA THE FOLLOWING NAMED OFFICER FOR REGULAR AP- THOMAS A. MACGREGOR, 0000 TIMOTHY SHAWN TIMMONS, OF WASHINGTON POINTMENT IN THE GRADE INDICATED IN THE UNITED JOHN E. POWERS, 0000 DANNA JULIE VAN BRANDT, OF THE DISTRICT OF CO- STATES ARMY DENTAL CORPS UNDER TITLE 10, U.S.C., THOMAS E. PRESTON, 0000 LUMBIA SECTIONS 531 AND 3064: RICHARD G. QUINN, 0000

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GREGORY K. WILLIAMSON, 0000 DOUGLAS L. FLOHR, 0000 TERRENCE J. MCKENRICK, 0000 CHRISTOPHER H. WISDOM, 0000 JACK D. FLOWERS, 0000 WILLIAM MELENDEZ, 0000 CARL S. YOUNG, JR., 0000 JAY G. FLOWERS, 0000 MYRNA L. MERCED, 0000 ANDREW J. FRANK, 0000 STEVEN M. MERKEL, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JEFFREY D. FREELAND, 0000 JENNIFER E. MERKLE, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY DONALD G. FRYC, 0000 STEVEN R. MILES, 0000 UNDER TITLE 10, U.S.C., SECTION 624: DAVID E. FUNK, 0000 CHRIS E. MILLER, 0000 To be colonel CHARLES H. GABRIELSON, 0000 GERALD H. MILLER, 0000 DAVID B. GAFFNEY, 0000 MICHELE D. MILLET, 0000 JAMES W. ADAMS, 0000 DONALD N. GALLI, 0000 GARY L. MILNER, 0000 MICHAEL C. AID, 0000 AUBREY L. GARNER II, 0000 JIMMIE MISTER, JR., 0000 ROBERT Q. AKE, 0000 JAMES P. GARRISON, 0000 CHRISTOPHER R. MITCHELL, 0000 JOHN W. ALLEN, 0000 JAMES D. GEORGE, JR., 0000 LAURENCE M. MIXON, 0000 MICHAEL J. ALLEN, 0000 RANDY A. GEORGE, 0000 TOMMY R. MIZE, 0000 REGINALD E. ALLEN, 0000 MARIA R. GERVAIS, 0000 JAMES H. MOLLER, 0000 PEDRO G. ALMEIDA, 0000 CHRISTOPHER P. GIBSON, 0000 WILLIAM K. MOONEY, JR., 0000 FRANZ J. AMANN, 0000 KARL GINTER, 0000 JOSEPH P. MOORE, 0000 PAUL J. AMBROSE, 0000 GERALD L. GLADNEY, 0000 HURMAYONNE W. MORGAN, 0000 CURTIS A. ANDERSON, JR., 0000 DAVID P. GLASER, 0000 EDWARD J. MORRIS, JR., 0000 DAVID E. ANDERSON, 0000 JEFFREY J. GOBLE, 0000 SHAWN M. MORRISSEY, 0000 RICHARD J. ANDERSON, 0000 MICHAEL GODFREY, 0000 MICHAEL G. MORROW, 0000 MICHAEL A. ARMSTEAD, 0000 MICHAEL K. GODFREY, 0000 DOUGLAS S. MULBURY, 0000 HENRY A. ARNOLD III, 0000 WILLIAM P. GOETZ, 0000 MARK A. MURRAY, 0000 REGGIE L. AUSTIN, 0000 JON P. GOODSMITH, 0000 PAUL J. MURRAY, 0000 JOHN W. BAKER, 0000 DARYL GORE, 0000 DAVID J. NELSON, 0000 WILLIAM E. BALES, 0000 REGINA M. GRANT, 0000 PETER A. NEWELL, 0000 CHRISTOPHER S. BALLARD, 0000 DANIEL C. GRIFFITH, 0000 DOUGLAS H. NOMURA, 0000 LAUREEN M. BARONE, 0000 JOSEPH M. GRUBICH, 0000 JOHN G. NORRIS, 0000 EARNEST A. BAZEMORE, 0000 JUSTIN C. GUBLER, 0000 JAMES E. NORWOOD, 0000 CRAIG A. BELL, 0000 BRIAN R. HAEBIG, 0000 THOMAS P. OCKENFELS, 0000 LEITH A. BENEDICT, 0000 WILLIAM T. HAGER, 0000 RICHARD B. OCONNOR II, 0000 LISA C. BENNETT, 0000 DELBERT M. HALL, 0000 JEFFREY S. OGDEN, 0000 GUS BENTON II, 0000 FRANK R. HALL, 0000 THOMAS E. OHARA, JR., 0000 JOHN E. BESSLER, 0000 OSCAR J. HALL IV, 0000 JOSEPH E. OSBORNE, 0000 RICHARD A. BEZOLD, 0000 JOSEPH P. HARRINGTON, 0000 THOMAS H. PALMATIER, 0000 ELIZABETH A. BIERDEN, 0000 BARRY HARRIS, 0000 BRUCE D. PARKER, 0000 CLINTON R. BIGGER, 0000 MARC D. HARRIS, 0000 ROBERT PASTORELLI, 0000 MARTIN G. BINDER, 0000 STEVEN D. HARRIS, 0000 DOUGLAS J. PAVEK, 0000 CARL D. BIRD III, 0000 JEROME K. HAWKINS, 0000 WILLIAM O. PAYNE, 0000 GARRY P. BISHOP, 0000 FREDERICK A. HEAGGANS, SR., 0000 ROBERT D. PETERSON, 0000 JAMES R. BLACKBURN, 0000 CHRISTIAN E. HEIBEL, 0000 GREGORY D. PETRIK, 0000 KENNETH L. BOEHME, 0000 RICHARD S. HICKENBOTTOM, 0000 CARL E. PHILLIPS, 0000 MICHAEL D. BOLLUYT, 0000 CHRISTOPHER M. HICKEY, 0000 SAMUEL T. PIPER III, 0000 BRADLEY W. BOOTH, 0000 MATTHEW T. HIGGINBOTHAM, 0000 BRIAN J. PRELER, 0000 RICHARD F. BOWYER, 0000 DAVID C. HILL, 0000 JACK K. PRITCHARD, 0000 JAMES M. BRANDON, 0000 JOHN C. HINKLEY, 0000 LAVON R. PURNELL, 0000 LARS E. BRAUN, 0000 DANIEL R. HIRSCH, 0000 ROBERT C. QUINN, 0000 DARCY A. BREWER, 0000 GARY R. HISLE, JR., 0000 LEOPOLDO A. QUINTAS, JR., 0000 DAVID J. BROST, 0000 CHRISTOPHER K. HOFFMAN, 0000 MARK A. RADO, 0000 CHARLES R. BROWN, 0000 DAVID E. HOLLIDAY, 0000 JAMES E. RAINEY, 0000 FREDRICK BROWN, 0000 THOMAS S. HOLLIS, 0000 LEE F. RANSDELL, 0000 JEFFERY D. BROWN, 0000 JOHN M. HORN, 0000 KARL D. REED, 0000 PAUL D. BROWN, 0000 MARK C. HOROHO, 0000 CATHERINE A. REESE, 0000 JON K. BUONERBA, 0000 MICHAEL L. HOWARD, 0000 TERENCE W. REEVES, 0000 KATHRYN A. BURBA, 0000 RHONDA P. HOWARD, 0000 RICHARD J. REID, JR., 0000 STEPHEN T. BURNS, 0000 DONALD E. HOWELL, 0000 DAN J. REILLY, 0000 PAUL S. BURTON, 0000 FRANCIS J. HUBER, 0000 GREGORY D. REILLY, 0000 GREGORY K. BUTTS, 0000 MELVIN D. HULL, 0000 CEDRIC T. RICE, 0000 RICHARD M. CABREY, 0000 MARK A. HURON, 0000 PATRICK M. RICE, 0000 GRETCHEN A. CADWALLADER, 0000 KENNETH J. HURST, 0000 ROBERT J. RICE, 0000 DWAYNE CARMAN, JR., 0000 CLAYTON M. HUTMACHER, 0000 MARK D. RICHARDSON, 0000 STEVEN E. CARRIGAN, 0000 JAMES T. IACOCCA, 0000 THOMAS P. RILEY, 0000 CAROLYN A. CARROLL, 0000 SHEILA F. J-MCCLANEY, 0000 ROBERT H. RISBERG, 0000 ALFRED D. CARTER, 0000 WILLIAM T. JAMES, JR., 0000 FRANKLIN D. ROACH, 0000 FLORENTINO L. CARTER, 0000 ANDREW V. JASAITIS, 0000 JOEL E. ROBERTS, 0000 ROSEMARY M. CARTER, 0000 SEAN M. JENKINS, 0000 DOUGLAS C. ROBERTSON, 0000 JERRY CASHION, 0000 JAMES H. JOHNSON III, 0000 THOMAS H. ROE, 0000 MICHAEL A. CEROLI, 0000 MARK D. JOHNSON, 0000 RANDY R. ROSENBERG, 0000 CLATON D. CHANDLER, 0000 PETER L. JONES, 0000 DOMENICO ROSSI, 0000 ALLEN M. CHAPPELL III, 0000 RICHARD G. KAISER, 0000 ROBERT M. ROTH, 0000 WELTON CHASE, JR., 0000 DANIEL L. KARBLER, 0000 RANDOLPH R. ROTTE, JR., 0000 ROBERT G. CHEATHAM, JR., 0000 OLEN L. KELLEY, 0000 WILFRED G. ROWLETT, JR., 0000 CONRAD D. CHRISTMAN, 0000 WILLIAM P. KEYES, 0000 EDWARD J. RUSH, JR., 0000 WILLIAM M. CHURCHWELL, 0000 ERIC B. KEYS, 0000 JACQUELYN L. RUSSELL, 0000 FREDERICK S. CLARKE, 0000 GRADY S. KING, 0000 JOHN T. RYAN, 0000 ROGER L. CLOUTIER, JR., 0000 RICKY T. KING, 0000 JEFFERSON M. RYSCAVAGE, 0000 MARK B. COATS, 0000 DAVID P. KITE, 0000 MICHAEL J. SAGE, 0000 MARCUS A. COCHRAN, 0000 ROBERT J. KMIECIK, 0000 JAMES R. SAGEN, 0000 GEORGE E. CONE, JR., 0000 LAWRENCE A. KOMINIAK, 0000 KREWASKY A. SALTER, 0000 JOSEPH R. CONNELL, 0000 RICHARD J. KOUCHERAVY, 0000 CHARLES B. SALVO, 0000 JEFFREY C. CORBETT, 0000 JAMES E. KRAFT, 0000 BOBBIE H. SANDERS, 0000 ROBERT E. CORNELIUS, JR., 0000 DENNIS A. KRINGS, 0000 GARY S. SANDERS, 0000 LUIS B. CRESPO, 0000 MICHAEL E. KURILLA, 0000 ROGER N. SANGVIC, 0000 DEBORAH M. CUSIMANO, 0000 PAUL W. LADUE, 0000 KENT D. SAVRE, 0000 ERIK O. DAIGA, 0000 MORGAN M. LAMB, 0000 WILLIAM J. SCHAFER, 0000 JAMES W. DANNA III, 0000 STEVE E. LAMBERT, 0000 JOHN F. SCHRADER, 0000 MARK C. DARDEN, 0000 KEVIN J. LANCASTER, 0000 CHARLES E. SEXTON, 0000 JEFFREY L. DAVIDSON, 0000 KEITH A. LANDRY, 0000 CAROLYN R. SHARPE, 0000 JEFFREY S. DAVIES, 0000 RANDALL C. LANE, 0000 WILLIAM H. SHAW III, 0000 KEVIN I. DAVIS, 0000 PAUL J. LAUGHLIN II, 0000 STEVEN L. SHEA, 0000 MATTHEW Q. DAWSON, 0000 ANTHONY A. LAYTON, 0000 LINDA K. SHEIMO, 0000 ANTHONY E. DEANE, 0000 ALVIN B. LEE, 0000 JAMES J. SHIVERS, 0000 BRIAN J. DIAZ, 0000 DAVID A. LEE, 0000 BARTHOLOMEW U. SHREVE, 0000 JEFFREY W. DILL, 0000 JAMES D. LEE, 0000 WILLIAM P. SIMRIL, JR., 0000 TODD L. DODSON, 0000 SUNG H. LEE, 0000 KERRY T. SKELTON, 0000 ROBERT C. DOERER, 0000 JOHN W. LOFFERT, JR., 0000 ANTHONY R. SKINNER, 0000 BRIAN L. DOSA, 0000 LAURA C. LOFTUS, 0000 DEREK S. SMITH, 0000 BRIAN M. DRINKWINE, 0000 RONNIE W. LONG, JR., 0000 JOHN T. SMITH, 0000 EDWIN M. DROSE, JR., 0000 ORLANDO LOPEZ, 0000 STANLEY O. SMITH, 0000 KENNETH C. DYER, 0000 GARY E. LUCK, JR., 0000 TRACY O. SMITH, 0000 JEFFREY R. ECKSTEIN, 0000 JEFFERY K. LUDWIG, 0000 SCOTT A. SPELLMON, 0000 RODNEY D. EDGE, 0000 STEVEN M. LYNCH, 0000 CHRISTOPHER L. SPILLMAN, 0000 PETER B. EDMONDS, 0000 PATRICK M. LYONS, 0000 JEFFREY A. SPRINGMAN, 0000 JAMES D. EDWARDS, 0000 THOMAS D. MACDONALD, 0000 MARK R. STAMMER, 0000 ANTHONY J. ENGLISH, 0000 LORENZO MACK, SR., 0000 THOMAS C. STEFFENS, 0000 DANIEL M. ENOCH, 0000 WILLIAM A. MACKEN, 0000 JERRY D. STEVENSON, 0000 PAUL J. ERNST, SR., 0000 SCOT D. MACKENZIE, 0000 MICHELLE J. STEWART, 0000 RAUL E. ESCRIBANO, 0000 ROGER S. MARIN, 0000 NAPOLEON W. STEWART, 0000 THOMAS P. EVANS, 0000 JOSEPH F. MARQUART IV, 0000 TIMOTHY S. SUGHRUE, 0000 JOHN S. FANT, 0000 VALRICA J. MARSHALLQUINONES, 0000 ROBERT P. SULLIVAN, 0000 STEPHEN E. FARMEN, 0000 STEVEN D. MATHIAS, 0000 BRIAN P. SUNDIN, 0000 ANTHONY FEAGIN, 0000 GREGORY C. MAXTON, 0000 MICHAEL J. SWANSON, 0000 PHILIP T. FEIR, 0000 JOHN M. MCCARTHY, 0000 BRENDA F. TATE, 0000 JEFFREY L. FELDMAN, 0000 JOHN N. MCCARTHY, 0000 MICHAEL J. TEAGUE, 0000 BRUCE H. FERRI, JR., 0000 KYLE M. MCCLELLAND, 0000 RORY K. TEGTMEIER, 0000 MARLENE S. FEY, 0000 DEBORAH J. MCDONALD, 0000 DANIEL L. THOMAS, 0000 GEORGE R. FIELDS, 0000 TIMOTHY P. MCGUIRE, 0000 NELLO A. THOMAS III, 0000

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00091 Fmt 0624 Sfmt 9801 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S404 CONGRESSIONAL RECORD — SENATE January 10, 2007

CHRISTOPHER R. THOMPSON, 0000 STEVEN A. STEBBINS, 0000 JAMES E. SIMPSON, 0000 PRESTON THOMPSON, 0000 CEDRIC T. WINS, 0000 VALERIE E. SLOAN, 0000 JOHN C. THOMSON III, 0000 MICHAEL R. STEVES, 0000 JOHN K. TIEN, JR., 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOHN R. SURDU, 0000 DAVID E. TIGHE, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY ZSOLT I. SZENTKIRALYI, 0000 JOSEPH A. TIRONE, 0000 UNDER TITLE 10, U.S.C., SECTION 624: IVAR S. TAIT, 0000 GARY W. TONEY, 0000 To be colonel DOUGLAS A. TAMILIO, 0000 SHERI L. TONNER, 0000 KENNETH R. TARCZA, 0000 AMY F. TURLUCK, 0000 TIMOTHY K. BUENNEMEYER, 0000 KURT L. TAYLOR, 0000 LENNIE R. UPSHAW, 0000 RENE G. BURGESS, 0000 SCOTT R. TAYLOR, 0000 DIANE M. VANDERPOT, 0000 HANS E. BUSH, 0000 PHILIP R. THIELER, 0000 JAMES A. VIOLA, 0000 JANE E. CRICHTON, 0000 LEON N. THURGOOD, 0000 LOUIS A. VOGLER, 0000 EDWARD H. EIDSON, 0000 DANIEL W. TOMLINSON, 0000 TIMOTHY A. VUONO, 0000 JEFFREY A. FARNSWORTH, 0000 CAROLYN J. WASHINGTON, 0000 FLEM B. WALKER, JR., 0000 EDWARD J. FISH, 0000 JOHN M. WENDEL, 0000 DAVID L. WARD, 0000 CASEY C. FLAGG, 0000 JEFFREY S. WILTSE, 0000 JESSE S. WARD, 0000 THOMAS P. GALVIN, 0000 MICHAEL J. WARMACK, 0000 JEFFREY T. GIRARD, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THOMAS F. WASHER II, 0000 EARNEST E. HANSLEY, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY VERSALLE F. WASHINGTON, 0000 KIRK V. JOHNSON, 0000 JUDGE ADVOCATE GENERAL’S CORPS UNDER TITLE 10, SCOTT T. WATERMAN, 0000 RIVERS J. JOHNSON, JR., 0000 U.S.C., SECTIONS 624 AND 3064: GRANT A. WEBB, 0000 GREGORY S. JULIAN, 0000 ERIC J. WESLEY, 0000 CHARLES A. JUMPER, 0000 To be lieutenant colonel ROBERT P. WHALEN, JR., 0000 TIMOTHY L. KOPRA, 0000 MARVIN S. WHITAKER, 0000 KAREN F. LLOYD, 0000 CHERYL E. BOONE, 0000 CHRISTOPHER J. WICKER, 0000 MATTIE M. LOVE, 0000 GREGORY L. BOWMAN, 0000 ROBERT F. WIELER, JR., 0000 JEREMY M. MARTIN, 0000 KAREN H. CARLISLE, 0000 DAVID L. WILCOX, 0000 TED F. MARTIN, 0000 GARY P. CORN, 0000 CHARLES A. WILLIAMS, 0000 STEPHEN J. MAYHEW, 0000 MICHAEL A. CRESSLER, 0000 ROBERT D. WILLIAMS, 0000 MICHAEL A. MILLER, 0000 WENDY P. DAKNIS, 0000 THEODORE C. WILLIAMS IV, 0000 DONALD W. MORRIS, 0000 KERRY L. ERISMAN, 0000 WILLIAM L. WIMBISH, JR., 0000 LUCIOUS B. MORTON, 0000 STACY E. FLIPPIN, 0000 LOUIS B. WINGATE, 0000 ANGELO RIDDICK, 0000 JAMES J. GIBSON, 0000 DAVID M. WITTY, 0000 MICHAEL J. SANDERS, 0000 TRACY A. GLOVER, 0000 TODD R. WOOD, 0000 WAYNE M. SHANKS, 0000 JEFFREY C. HAGLER, 0000 JAMES E. WOODARD, SR., 0000 WILLIAM K. SUCHAN, 0000 PATRICIA A. HARRIS, 0000 ANTHONY O. WRIGHT, 0000 ARTHUR N. TULAK, 0000 NEWTON W. HILL, 0000 GEORGE G. WRIGHT, 0000 D000062 ROBERT P. HUSTON, 0000 DALE L. WRONKO, 0000 CHRISTOPHER W. JACOBS, 0000 D0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT LAURA K. KLEIN, 0000 D0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY MICHAEL L. KRAMER, 0000 D0000 UNDER TITLE 10, U.S.C., SECTION 624: RICK S. LEAR, 0000 D0000 To be colonel CHARLES D. LOZANO, 0000 D0000 JAMES R. MCKEE, JR., 0000 D0000 PHILIP K. ABBOTT, 0000 CRAIG E. MERUTKA, 0000 D0000 MARK R. ARN, 0000 SAMUEL W. MORRIS, 0000 D0000 CALVIN D. BAILEY, 0000 MICHAEL L. NORRIS, 0000 D0000 CRIS J. BOYD, 0000 JOHN N. OHLWEILER, 0000 D0000 SCOTT A. CAMPBELL, 0000 CYNTHIA G. OLSEN, 0000 X0000 MICHAEL P. CAVALIER, 0000 ROBERT T. PENLAND, JR., 0000 X0000 KENNETH A. CHANCE, 0000 PAUL J. PERRONE, JR., 0000 X0000 ANTONIO S. CHOW, 0000 JUAN A. PYFROM, 0000 X0000 MATTHEW T. CLARKE, 0000 PAULA I. SCHASBERGER, 0000 X0000 WILLIAM E. COLE, 0000 WILLIAM A. SCHMITTEL, 0000 X0000 CRAIG A. DEDECKER, 0000 FRANCISCO A. VILA, 0000 X0000 SHANE DIETRICH, 0000 STEVEN G. DRAKE, 0000 IN THE NAVY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ROBERT W. DUGGLEBY, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES ARMY JOHN A. ELLIS, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION 624: GREGORY M. FIELDS, 0000 UNDER TITLE 10, U.S.C., SECTION 624: To be colonel KARL S. FLYNN, 0000 ROBIN L. FONTES, 0000 To be captain EDWARD E. AGEE, JR., 0000 JEFFREY A. GABBERT, 0000 JAMES B. BANKSTON, 0000 DONALD L. GABEL II, 0000 TIMOTHY M. GREENE, 0000 RANDALL M. BENTZ, 0000 GREGORY B. GONZALEZ, 0000 THE FOLLOWING NAMED OFFICERS FOR TEMPORARY DAVID D. BRIGGS, 0000 KEITH R. HARRINGTON, 0000 APPOINTMENT TO THE GRADE INDICATED IN THE TODD A. BROWNE, 0000 LINDA R. HERBERT, 0000 UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION STEVEN M. CHARBONNEAU, 0000 SIMON L. HOLZMAN, 0000 5721: THOMAS M. CIOPPA, 0000 DEAN T. KATSIYIANNIS, 0000 ROBERT A. CLAFLIN, 0000 ROBERT H. LUNN, 0000 To be lieutenant commander RAY A. COMBS II, 0000 PHILLIP N. MAXWELL, 0000 GUY T. COSENTINO, 0000 KURT H. MEPPEN, 0000 DAVID J. ADAMS, 0000 BOBBY G. CRAWFORD, 0000 JEFFREY J. MOCKENSTURM, 0000 ISMIAL A. ALJIHAD, 0000 CHARLES D. EUBANKS, JR., 0000 EARL D. NOBLE, 0000 PAUL M. ALLGEIER, 0000 JOHN G. FERRARI, 0000 WARREN N. ODONELL, 0000 CASEY B. BAKER, 0000 FREDERICK J. GELLERT, 0000 CHRISTOPHER M. OLIVER, 0000 DANIEL A. BAKKER, 0000 ALEJANDRO D. HERNANDEZ, 0000 THOMAS M. OLSON, 0000 TIMOTHY M. CLARK, 0000 WESLEY J. JENNINGS, 0000 SHANE T. OPENSHAW, 0000 CHARLES E. EATON, 0000 STANLEY A. KING, 0000 ANTHONY S. PELCZYNSKI, 0000 MATTHEW H. LEWIS, 0000 ROBERT F. KOLTERMAN, 0000 KEVIN B. PETERSON, 0000 RONNIE P. MANGSAT, 0000 SCOTT T. KRAWCZYK, 0000 JAIMY S. RAND, 0000 JOSEPH A. MOORE, 0000 RUSSELL P. LACHANCE, 0000 DAVID W. RIGGINS, 0000 ROBERT I. PATCHIN IV, 0000 EUGENE J. LESINSKI, 0000 DOUGLAS H. ROMBOUGH, 0000 DOUGLAS J. PEGHER, 0000 MICHAEL E. LINICK, 0000 DANIEL C. ROSSO, 0000 ANDREW B. PLATTEN, 0000 LARRY LOCK, 0000 KAREN D. SAUNDERS, 0000 JACK C. RIGGINS, 0000 JEFFREY A. MARQUEZ, 0000 THOMAS SCHAIDHAMMER, 0000 SCOTT A. ROSETTI, 0000 MICHAEL S. MCGURK, 0000 MICHAEL V. SCHLEICHER, 0000 MATTHEW RUSSELL, 0000 CHRISTOPHER P. MCPADDEN, 0000 MICHAEL L. SCHODOWSKI, 0000 THEODORE P. STANTON, 0000 DOUGLAS J. MILLER, 0000 ROBERT W. SCHUMITZ, 0000 WILLIAM B. SWANBECK, 0000 FRANK A. MILLER, 0000 LAWRENCE S. SILAS, 0000 CHIMI I. ZACOT, 0000

VerDate Mar 15 2010 21:36 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00092 Fmt 0624 Sfmt 9801 E:\2007SENATE\S10JA7.REC S10JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 10, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E59 EXTENSIONS OF REMARKS

INTRODUCTION OF THE DISTRICT But when this phrase was drafted there was career in the restaurant business. In 1963, he OF COLUMBIA FAIR AND EQUAL no Federal District. The ‘‘People of the Sev- opened Pete Roussos’ Bonanza Lounge on HOUSE VOTING RIGHTS ACT eral States’’ means all Americans. U.S. 90 near the Skyline Shopping Center. In Congress has recognized this by allowing 1965, he moved from Mobile to Alexandria, HON. TOM DAVIS Americans living overseas to vote in House LA, where he opened McDonald’s Restaurant OF VIRGINIA elections despite the fact they are no longer franchises in Pineville and Lafayette, LA. After IN THE HOUSE OF REPRESENTATIVES residents of any state. Overseas Americans returning to Mobile in 1982, he owned and op- Tuesday, January 9, 2007 are allowed to vote in their last state of resi- erated, with his uncle, the popular Pier 4 res- dence even if they never intend to return to taurant on the causeway for a period of time. Mr. TOM DAVIS of Virginia. Madam Speak- that state. His other businesses included Crabby Pete’s er, today I am re-introducing with my col- There always seems to be some reason to in Gulf Shores and Pete Roussos’ Restaurant league Representative ELEANOR HOLMES NOR- keep from doing a good thing. In our personal on Azalea Road. TON the District of Columbia Fair and Equal lives we all put off the easy act of common Pete Roussos was the kind of man who House Voting Rights Act. This legislation has graciousness because we’re busy or because would give you the shirt right off his own back. now been considered through several Con- we’re tired or because someone treated us He spent his lifetime working hard and making gresses. It is no longer a novel idea. Never- unfairly. This makes sense at the time, but in a name for himself and his family. It is a name theless, the need for this legislation is stronger the end we are all poorer for missing the op- not soon to be forgotten in the First District, than ever and I call on the Congress to pass portunity. much less any other place he ever lived. He it without delay. We can’t credibly struggle to The same is true with this legislation. Maybe had the type of personality that would make make other parts of the world safe for democ- you don’t like the permanent increase in the any restaurant successful. His aura permeated racy if we continue to deny it to residents of size of Congress. Maybe you want to protect throughout the room and left customers feeling our Nation’s Capital. This bill pairs two injustices in such a way ‘‘states rights’’ in redistricting. Maybe you wish at home and comfortable whenever he was as to create a politically neutral solution for this addressed the Senate as well. Maybe you near. both. The first injustice—that the citizens of just don’t know for sure what the Sixth Con- Besides his love for the restaurant business, the District of Columbia have no direct rep- gress intended when they created this prob- Pete was also an avid sportsman. He was af- resentation in the House of the United States lem. filiated with the Coastal Conservation Associa- Congress—has existed since Congress took I would ask every member of this body to tion of Alabama and was a big supporter of away representation in 1800. The second in- look up for a minute and look at the people we the Alabama Wildlife Foundation. He was an justice—the failure to count all of the residents live with here in the District. Is there anything original member of the Mobile Big Game Fish- of Utah in the last Census—is more recent. really gained by refusing them direct represen- ing Club, a supporter of Ducks Unlimited in Historically, it takes just this kind of marriage tation in the Federal Government? I say no. Mobile, and a major supporter of the Ducks to create a viable solution. It is time to make a change in the way this Unlimited Organization in Alexandria during We had a great deal of success in moving District is governed. It is time to tell the the late 1970s and early 1980s. He was also this bipartisan legislation last Congress. In our 550,000 District citizens that we recognize a member of the American Kennel Club-Mo- committee, a strong majority of both parties their inalienable right to participate in the deci- bile Retriever Club from 1962 to 1980. voted to pass this legislation. Over the last 3 sions that affect their lives every day. Madam Speaker, I rise today and ask my years, it has been gratifying to watch mem- Let’s not—once again—miss the chance to colleagues to join with me in remembering a bers of my own party consider the problem do the good thing. Justice should no longer dedicated community leader and friend to and accept this solution. We now have the have to wait. many throughout south Alabama. Pete support of conservatives, moderates, and lib- f Roussos loved life and lived it to the fullest, erals. Unfortunately, we were unable to get and his passing marks a tremendous loss for HONORING THE MEMORY OF MR. the bill to the floor in the rush that ensued last all of south Alabama. He will be deeply PETRO JAMES ROUSSOS December. missed by many, most especially his wife, Ironically, it was a rush to pass legislation Sandra Mitchell Roussos; his two sons, Petro that created this problem in 1800. In the lame HON. JO BONNER James Roussos, Jr., and Nicholas James duck session following the election of Thomas OF ALABAMA Roussos; his daughter, Alexa Kyriaki Roussos; Jefferson of Virginia as president and the IN THE HOUSE OF REPRESENTATIVES as well as countless friends and loyal employ- ees that he leaves behind. Whigs to the majority in 1800, Federalists Tuesday, January 9, 2007 rushed to pass legislation to set up some Our thoughts and prayers are with them all structure for the District of Columbia. Con- Mr. BONNER. Madam Speaker, Mobile at this difficult time. gress was silent on District voting rights in County and indeed the entire State of Ala- f spite of having granted voting rights to District bama recently lost a dear friend, and I rise residents 10 years earlier in the Residence today to honor him and pay tribute to his LET’S REMEMBER OUR CHIL- Act that created a Federal district. memory. Mr. Petro James Roussos, known as DREN’S FUTURE ON THREE Now, over 200 years later, Congress has ‘‘Pete’’ to his many friends and family, was a KINGS DAY before it a principled and workable com- devoted family man and dedicated community promise solution. This bill does two simple leader throughout his life. HON. CHARLES B. RANGEL things. It treats the District of Columbia as a Although he was originally from Seminole, OF NEW YORK congressional district for the purposes of rep- OK, Pete spent the majority of his life in Mo- IN THE HOUSE OF REPRESENTATIVES resentation in the House of Representatives, bile. He attended Murphy High School, where Tuesday, January 9, 2007 and permanently increases Congress to 437 he played football and was elected to the All- members. City Squad. He received about a dozen schol- Mr. RANGEL. Madam Speaker, I rise today After 3 years of research, it is clear that arship offers before choosing to attend Auburn to honor the Three Kings Day holiday, which Congress does have the authority to grant the University, where he went on to play football is traditionally celebrated on January 6. District a seat in the House of Representa- on the 1954 and 1955 teams. He also was a For millions around the world, especially tives. This House, which we refer to as the member of the Theta Chi fraternity at Auburn. Latinos, the final curtain on the holiday season ‘‘People’s House,’’ represents the people of He finished school in 1958 graduating from doesn’t begin to fall until January 6, Three the several states. Some scholars have tried Troy State University. Kings Day. From El Barrio through Mexico and to parse the phrase to mean that state resi- Not long after graduation, Pete began what the Carribean all the way down to the tip of dents only are represented. was eventually to become a long and storied South America, communities find their own

∑ 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 05:59 Jan 11, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A09JA8.061 E10JAPT1 jcorcoran on PROD1PC62 with REMARKS E60 CONGRESSIONAL RECORD — Extensions of Remarks January 10, 2007 unique way to celebrate the Biblical journey of Community Council, the Baldwin County Court America and the world off our dependence on Balthasar, Melchior, Caspar. Referral Program Steering Committee, J. Larry this fossil fuel, it will continue to be an ex- Like Christmas, it is a day for kids and fam- Newton School Executive Patron, the Light- tremely valuable commodity for whoever con- ily, a time to exchange gifts and celebrate life. house Domestic Violence Program Board of trols it. That is why we must ensure that Iraq’s Surely, it is also a time to remember that acts Directors, the Alabama Attorney General’s oil does not fall into the hands of radical of kindness and generosity should extend well Law Enforcement Advisory Committee, and groups. Oil revenue could be used to fund the into the year. Yet, perhaps more than any the Baldwin County Emergency Medical Serv- spread of radical Islamist revolution to other other day of the season, it is day to remember ices Advisory Board. countries as well as threaten the rest of the the potential that we all have for greatness, Chris Browning is an outstanding example world with terrorist attacks. The United States especially our children. of the quality of individuals who have devoted abandoned Afghanistan after the Cold War Balthasar, Melchior, Caspar traveled on the their lives to the field of law enforcement. ended and that country became a haven for wings of hope, believing that a better future Madam Speaker, I ask my colleagues to join terrorists who planned the 9–11 attacks. Iraq lay in the hands of this humble child in the with me in congratulating Chris on his new ap- would likely become an even worse terrorist manger. They did not write him off because he pointment. I know Chris’s colleagues; his wife training ground. was a carpenter’s son or because he was Renee; his three sons, Scott, Nick and Baxter; Second, Iraq is wedged between two coun- poor. They crossed desserts and overcame his family and many friends join with me in tries that have shown themselves to be bellig- hurdles because they believed that despite his praising his accomplishments and extending erent, Syria and Iran. Iran is working on build- present conditions, his future was as bright thanks for his many efforts over the years on ing a nuclear weapons capability and has and limitless as the stars that adorned the sky. behalf of the citizens of Fairhope and the state threatened to destroy the state of Israel. Syria Unfortunately, not enough of today’s chil- of Alabama. has continuously meddled in the affairs of dren are at the center of that kind of invest- f Lebanon and provides ongoing support to ter- ment of time and energy. Despite the tireless rorists in Palestine. Both of these countries A NEW PATH FOR AMERICA’S IRAQ work of many parents and educators, far too have been active in supporting groups in Iraq POLICY many are falling through the cracks in schools who are wreaking havoc and both seek to in- that are ill-equipped to teach them the skills crease their power by exploiting the situation that they need for work and life. HON. DANIEL LIPINSKI in Iraq. Leaving Iraq immediately would only So on this last weekend of the holiday sea- OF ILLINOIS embolden these regimes and allow them son, let all of us resolve to renew our commit- IN THE HOUSE OF REPRESENTATIVES greater influence throughout the Middle East. ment to our next generation. The private and Tuesday, January 9, 2007 Consequently, a stable Iraq is necessary to public sector must work together to arm our limit the power of these two dangerous coun- Mr. LIPINSKI. Madam Speaker, President children with the necessary tools that they will tries. Bush’s misadventure in Iraq may be the worst need to realize their goals and dreams. The Third, an immediate withdrawal of U.S. future of this great land rests on their shoul- foreign policy disaster the United States has ever been involved in. It is good that Saddam troops would create regional instability that ders and how many of them have the oppor- could result in a large-scale war. If Iraq falls tunity to fully shine and reach their full poten- Hussein is out of power, but it has come at an incredibly high price. More than 3,000 of into complete chaos, Iran and Syria will likely tial. get more directly involved in the fighting. In f America’s soldiers have been killed and thou- sands more have been wounded, many very addition, Saudi Arabia has said that they may CONGRATULATING CHRIS BROWN- seriously. And hundreds of billions of tax dol- intervene militarily in Iraq if they believe it is ING ON HIS APPOINTMENT TO lars have been spent, and in some cases necessary to stop a widespread slaughter of CHIEF INVESTIGATOR FOR THE wasted, in Iraq. This has occurred because of Iraqi Sunnis. If chaos in Iraq propels Iraqi ALABAMA ATTORNEY GENERAL the errors in judgment, tactical mistakes, and Kurds to attempt to break away and form their other major missteps by the Bush administra- own country in the north of Iraq, Turkey may HON. JO BONNER tion that have plagued this endeavor since the feel the need to intervene so as to quell any brave men and women in our military ended nationalist uprising of Kurds within their own OF ALABAMA borders. And these are only a few of the likely IN THE HOUSE OF REPRESENTATIVES the tyrannical reign of Saddam Hussein. In addition to the high cost in lives and dol- scenarios for a larger conflict. Clearly, the Tuesday, January 9, 2007 lars that we have suffered, the reasons for prospect of a multi-nation war is even less ap- Mr. BONNER. Madam Speaker, it is with going to war in Iraq in the first place have pealing than the current situation, and the great pride and pleasure that I rise to honor proven faulty. Furthermore, as the recent re- United States must act to try to head-off con- Mr. Chris Browning for his dedicated service port from the Iraq Study Group, ISG, states, ditions that may lead to such a catastrophe. as the Fairhope chief of police and to offer the situation in Iraq is ‘‘grave and deterio- As long as there is still hope that we can congratulations on the occasion of his appoint- rating,’’ with violence among sectarian groups serve a positive role in Iraq, the U.S. must not ment to chief investigator for the Alabama At- increasing. Threats to security come from abandon Iraq and leave the situation to dete- torney General. many sources, including the Sunni Arab insur- riorate. However, a new strategy in Iraq is Chris has served the city of Fairhope since gency, Shiite militias, and al Qaeda, not to needed now. This new Iraq policy must be he was 16 years old when he worked as a mention widespread organized crime. Millions based on the understanding that the keys to a pay booth attendant at the city beach. His first of Iraqis have either fled Iraq or are displaced solution in Iraq are political and social. Al- position with the Fairhope Police Department within their country. Given all of this discour- though it is important to recognize that an en- was as a dispatcher; upon graduation from the aging information, we need to ask—Why are forcement capability is necessary for security police academy, Chris was promoted to patrol our soldiers still in Iraq and why should they at any given place and time, peace and sta- officer and later patrol shift supervisor. In not come home immediately? bility in Iraq cannot be won and maintained 1999, he was promoted to investigator and Unfortunately, it is not possible to turn back simply through military force. Therefore, the quickly rose to chief investigator, earning the the clock 4 years and start again. The United United States should implement a new Iraq rank of sergeant. In 2001, Chris was promoted States and the rest of the world, not to men- policy based on three important components: to lieutenant and became chief of police in tion the Iraqi people, have to construct a pol- (1) Bring the world community together to 2002. icy that deals with the current conditions that seek solutions in Iraq, including calling an In the midst of his demanding professional have created new threats. If Iraq did not oc- international conference that will work on put- schedule, Chris also finds time to serve on a cupy such a critical place in the world, it might ting together a peacekeeping force and setting number of regional, state, and local boards: be the best policy for America to simply pull up an international reconstruction program. the Baldwin County Drug Task Force, the our troops out as soon as safely possible and (2) Encourage achievement of important Baldwin County Gang Task Force, the United leave the Iraqi people to work out a solution. goals in national reconciliation, security, and States Custom Service Blue Lightning Strike But, Iraq is in one of the most important loca- governance by arranging a peace conference Force, the Alabama Coalition against Domes- tions in the world, and although the situation for Iraq’s ethnic and religious factions, similar tic Violence, the Fairhope Rotary Boys and in Iraq is dire, it could get much worse. to the conference that led to the Dayton Ac- Girls Club ‘‘Make a Difference’’ Committee, First, Iraq sits on the world’s second largest cords. the Fairhope ‘‘Strengthening Our Commu- oil reserves. While I have been working hard (3) Require the administration to give Con- nities’’ Committee, the Beverly Healthcare to bring about an energy policy that will wean gress detailed reports on the situation in Iraq

VerDate Aug 31 2005 05:59 Jan 11, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A09JA8.064 E10JAPT1 jcorcoran on PROD1PC62 with REMARKS January 10, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E61 so that informed decisions can be made re- location because it is physically far away from Yet, just when it appeared that he was fine, garding funding Iraq’s reconstruction and de- Iraq and provides an easily secured environ- Hollopeter had a relapse and stumbled off the ciding when American forces can be rede- ment. In addition, El Salvador has special subway platform. With a No. 1 train fast ap- ployed. standing because it has had experience with proaching, Autrey made a split second deci- First, the United States must bring the world its own civil war and subsequent aftermath. sion to put this young man’s life ahead of his community together to seek solutions in Iraq. Third, the administration must be required to own. He jumped down and pinned Hollopeter Iraq’s oil reserves, strategic location in the give Congress detailed reports on the situation between the rails, shielding him from harm’s Middle East, and its potential to become a in Iraq, especially in regard to security and way. failed-state breeding ground for international progress on reconstruction. One of the rea- In the days since that split second decision, terrorism dictate that the entire international sons Iraq has reached this point is that the Autrey has been deservingly lavished with community has an interest in Iraq’s success. Republican Congress gave the administration tons of media attention and honors. Not sur- The administration and the State Department free rein on Iraq policy without asking ques- prisingly, the humble Autrey has been caught must make more of an effort to utilize Amer- tions. The Democratic Congress must, and off guard. He wasn’t thinking of the fame or ica’s considerable diplomatic resources in will, act differently. The start will be bringing glory. All he could think about, he says, was order to rally international involvement in Iraq. the Secretary of State, the Secretary of De- his girls—six-year-old Shuqui and four-year- In rallying support, the U.S. should start by fense, military commanders, the members of old Syshe. He didn’t want them to see a man talking to all of Iraq’s neighbors, including Iran the Iraq Study Group, and other leading ex- die before their eyes. He didn’t want them to and Syria. Iraq’s sectarian violence, while root- perts on Iraq to testify before congressional witness their father do nothing to stop the ed in centuries old conflicts, is being at least committees. Also, we must require from the blood and the screams that could follow. partially fueled by Iran and Syria. Con- administration a written, detailed report on the He asked himself, how will I be judged? Will sequently, the United States must be willing to current security and reconstruction situation in it be said that I had the opportunity to help work with Iran and Syria as well as all other Iraq with mandatory monthly follow-up reports. and just sat there to do nothing. His con- nations in the region and around the world. Up to this point it appears that decisions re- science wouldn’t let him be still—and neither But talking does not mean ceding to all re- garding Iraq have been made based upon pol- should any of us. quests that these countries make. Iran must itics and not facts, political calculation instead We live in a time of great imbalance. In the not become a nuclear power and Syria must of national interest. There is no place for par- midst of great prosperity, far too many are not once again move into Lebanon. But the tisan politics when it comes to the use of mili- struggling to just keep their head above water. United States should be willing to engage with tary force. The lives of our brave men and Far too many are disconnected from oppor- these and other nations if we are to move for- women should not be affected by political tunity and hope. ward with international cooperation on Iraq. whims. That is why Congress must demand We must follow the example set by Mr. As part of bringing the world community to- information from the administration. When Autrey and not sit on the sidelines while injus- gether, the U.S. should call an international Congress is fully informed we will be able to tice and tragedy unfolds before our eyes. We conference on Iraq. This conference will work make intelligent decisions, based on our na- must ask ourselves: did we do all that we on putting together an international peace- tional interest, about when U.S. forces can be could to help our fellow brothers and sisters? keeping force that will replace American and redeployed from Iraq. I believe that with con- What did we do to help better the world? other troops that are currently in Iraq. A sec- gressional oversight and greater international Wesley Autrey has done his duty. Now it’s ond purpose of this conference will be to put involvement, U.S. troops will be able to start time to do ours. together an international reconstruction plan redeployment from Iraq in 2007, with or with- f for Iraq. Iraq still suffers from critical shortages out the President’s leadership. in electricity and drinking water, while infra- Clearly, America needs a new direction in ANNOUNCEMENT OF THE 2007 CON- structure such as oil wells and roads remain in Iraq. President Bush is scheduled to announce GRESS-BUNDESTAG/BUNDESRAT a state of disrepair. Many Iraqis remain unem- his new plan very soon. Since the overthrow EXCHANGE ployed and impoverished, making them easy of Saddam Hussein, nothing that this adminis- recruits for sectarian militias and terrorist tration has done has yet proven to be suc- HON. NANCY PELOSI groups. While Congress must be given more cessful in Iraq. But I will wait to hear the Presi- OF CALIFORNIA complete information and oversight over U.S. dent and I will listen to the congressional hear- IN THE HOUSE OF REPRESENTATIVES reconstruction aid being sent to Iraq so that ings before I make a final decision on his pro- Wednesday, January 10, 2007 American money can be spent more effec- posal. However, if President Bush were to fol- tively, the international community must also low the three-point proposal laid out here, we Ms. PELOSI. Madam Speaker, since 1983, be called upon to provide other aid and plans would truly be moving forward in a new direc- the U.S. Congress and the German Bundes- for Iraq’s rebuilding. tion that will help stabilize Iraq and bring our tag and Bundesrat have conducted an annual Second, the United States should join with troops home soon. exchange program for staff members from other nations to arrange a peace conference— both countries. The program gives profes- f akin to the meetings that led to the Dayton Ac- sional staff the opportunity to observe and cords—that will bring together Iraqi leaders to HONORING WESLEY AUTREY learn about each other’s political institutions achieve important goals in national reconcili- and interact on issues of mutual interest. ation, security, and governance. Broad-based HON. CHARLES B. RANGEL A staff delegation from the U.S. Congress pressure from a variety of international OF NEW YORK will be selected to visit Germany from April 20 sources can make a difference in situations IN THE HOUSE OF REPRESENTATIVES to 29 of this year. During this 2-week ex- like Iraq’s, as evidenced by the 1995 Dayton change, the delegation will attend meetings Accords that ended the war in Bosnia. Much Tuesday, January 9, 2007 with Bundestag/Bundesrat members, Bundes- like the current conflict in Iraq, the war in Bos- Mr. RANGEL. Madam Speaker, I rise today tag and Bundesrat party staff members, and nia was fueled by ethnic and religious divi- to call attention to and to honor the recent representatives of numerous political, busi- sions. However, after intense pressure from heroics of Wesley Autrey, the selfless New ness, academic, and media agencies. Partici- the international community, the warring par- Yorker who this past week jumped in front of pants also will be hosted by a Bundestag ties came to the negotiating table in Dayton, a subway train to save a stranger that had fall- member during a district visit. Ohio and an agreement was reached. With en below. A comparable delegation of German staff similar international pressure applied to Iraqi As we begin the difficult task of putting members will visit the United States for 2 leaders, and promises of international peace- America back on track, we can all draw inspi- weeks July 14 to 22. They will attend similar keeping forces and increased reconstruction ration from this 50-year-old Harlem father, The meetings here in Washington and visit the dis- aid, it is my hope that Iraq’s warring factions construction worker was with his two daugh- tricts of Members of Congress. The U.S. dele- would peacefully come to the negotiating ters waiting for the train when he noticed that gation is expected to facilitate these meetings. table. Peace discussions could take place in a film student Cameron Hollopeter had suffered The Congress-Bundestag/Bundesrat Ex- country seen as a more neutral arbitrator than a seizure. The Navy veteran and two other change is highly regarded in Germany and the the U.S. such as El Salvador, which has prov- strangers immediately rushed to the 20-year- United States, and is one of several exchange en its commitment to Iraqi stability by pro- old’s aid. Autrey helped stabilized him, sticking programs sponsored by public and private in- viding over 300 soldiers for peacekeeping op- a pen in his mouth to prevent him from swal- stitutions in the United States and Germany to erations. El Salvador would serve as a good lowing his tongue. foster better understanding of the politics and

VerDate Aug 31 2005 05:59 Jan 11, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A09JA8.067 E10JAPT1 jcorcoran on PROD1PC62 with REMARKS E62 CONGRESSIONAL RECORD — Extensions of Remarks January 10, 2007 policies of both countries. This exchange is ored to represent Austin in the United States be unable to recover quickly from even a funded by the U.S. Department of State’s Bu- House of Representatives. minor attack. They have not been retrofitted, reau of Educational and Cultural Affairs. f reinforced, or rebuilt in ways consistent with The U.S. delegation should consist of expe- today’s threat environment. rienced and accomplished Hill staff who can IMPLEMENTING THE 9/11 COMMIS- Thus, our passenger rail system is clearly at contribute to the success of the exchange on SION RECOMMENDATIONS ACT a high risk based on all three components— both sides of the Atlantic. The Bundestag re- OF 2007 threat, vulnerability, and consequence. And ciprocates by sending senior staff profes- this risk must be managed better. sionals to the United States. SPEECH OF Now some people argue that because the Applicants should have a demonstrable in- HON. ANTHONY D. WEINER rail system in our country is open and dynamic terest in events in Europe. Applicants need and therefore impossible to secure like other OF NEW YORK not be working in the field of foreign affairs, al- parts of the transportation system, that we though such a background can be helpful. The IN THE HOUSE OF REPRESENTATIVES should not spend a lot of money trying—that composite U.S. delegation should exhibit a Tuesday, January 9, 2007 it becomes a ‘‘slippery slope.’’ To the contrary, range of expertise in issues of mutual concern to do nothing in the face of such demonstrated Mr. WEINER. Madam Speaker, I rise today to the United States and Germany such as, high risk is irresponsible. to call upon my colleagues to address the very but not limited to, trade, security, the environ- Rail and transit authorities have made ef- ment, economic development, health care, real threat to the security of rail passengers in America. I am a supporter of the 9/11 Com- forts to improve security. However, authorities and other social policy issues. This year’s del- are having a difficult time identifying resources egation should be familiar with transatlantic re- mission Bill and commend the Speaker and Chairman THOMPSON for their leadership in at that can be used for capital improvements. In lations within the context of recent world fact, between 2001 and 2003 over $1.7 billion events. long last implementing the basic reforms di- rected by the 9/11 Commission. was spent on security efforts for rail and tran- In addition, U.S. participants are expected to sit by state and local authorities, but 75 per- help plan and implement the program for the But the 9/11 Commission’s recommenda- tions were but a first step. Since the Commis- cent was used just for overtime and other Bundestag/Bundesrat staff members when labor-intensive security operating expenses. they visit the United States. Participants are sion completed its work, the evolution of ter- rorism has continued in countries around our While these measures are a key part of secur- expected to assist in planning topical meetings ing open facilities like rail stations, their costs in Washington, and are encouraged to host planet, and we cannot turn a blind eye to the vulnerabilities that we face in this Nation—par- leave very little money for the much needed one or two staffers in their Member’s district in capital investments in security. July, or to arrange for such a visit to another ticularly those vulnerabilities that are being The American Public Transportation Asso- Member’s district. routinely targeted by terrorists in other parts of ciation estimated that it cost State and local Participants are selected by a committee the world. Most notably, as demonstrated by the bombings in Madrid in 2004, London in transportation authorities nearly $1 million a composed of personnel from the Bureau of day during the 36 days of high alert status Educational and Cultural Affairs of the Depart- 2005, and Mumbai in 2006—the passenger rail and transit system in this country is a high- after the July 2005 London bombings—and ment of State and past participants of the ex- this number does not even include the costs change. risk target and we must address this critical security need immediately. incurred in the additional efforts of New York Members of the House and Senate who and New Jersey’s random searches. would like a member of their staff to apply for We rightfully have devoted extensive efforts No matter what we may have planned, the participation in this year’s program should di- towards securing aviation, but now it is time to fact is that we will end up devoting tremen- rect them to submit a resume and cover letter devote significant resources towards one of dous resources should there be a rail attack. in which they state their qualifications, the this country’s most vital economic assets. I would rather see us be strategic in our in- contributions they can make to a successful Each weekday, there are 11.3 million pas- vestments than be reactive every time a new program and some assurances of their ability sengers using some form of rail and mass threat is evident. Targeted investments in cap- to participate during the time stated. transit. That’s more than 5 times as many ital security enhancements at our most critical, Applications may be sent to the Office of people taking air passenger trips. At New high-risk locations will serve us during normal Interparliamentary Affairs, HB–28, the Capitol, York’s Penn Station alone—there are over half and heightened alerts and can possibly reduce by 5 p.m. on Wednesday, February 21, 2007. a million people passing through; that is more passengers than at our two busiest air hubs— our operating costs by leveraging the capa- f Chicago and Atlanta—combined. And yet, on bility of people on the scene. The Federal Government does not have to RECOGNIZING AUSTIN ABARR FOR average, we have spent $9 per air passenger do this alone. We constantly hear about the ACHIEVING THE RANK OF EAGLE compared to 1 penny per rail and mass transit importance of public-private partnerships, yet SCOUT passenger. The Secretary of Homeland Security often we have few positive examples to point at. states that it is the management of risk and The rail system has the opportunity to lever- HON. SAM GRAVES not the elimination of risk that is the core prin- age the investments of private developers who OF MISSOURI ciple for DHS—and the management of risk seek to benefit from transit-oriented develop- IN THE HOUSE OF REPRESENTATIVES requires the prioritization of risk based on ment. As we address capital security invest- three key components: threat, vulnerability, ments in passenger rail facilities, Congress Wednesday, January 10, 2007 and consequence. should acknowledge and even encourage Mr. GRAVES. Madam Speaker, I proudly Passenger rail facilities have a high pas- these public-private partnerships by providing pause to recognize Austin Abarr, a very spe- senger density, which creates the potential for a way for private developers to be guaranteed cial young man who has exemplified the finest a spectacular attack that is intended to instill that the Federal Government’s commitment to qualities of citizenship and leadership by tak- fear—we know this is what our enemies look long-term projects is real. The current home- ing an active part in the Boy Scouts of Amer- for when planning attacks. We know that they land security annual grant cycle is a road ica, Troop 45, and in earning the most pres- have already mounted vicious attacks in Ma- block for these larger projects, and it is critical tigious award of Eagle Scout. drid, London, and Mumbai over the last 3 to our Nation’s security and fiscal well-being Austin has been very active with his troop, years, and even before 9/11—in Paris and that we take advantage of such investment participating in many Scout activities. Over the Tokyo. This threat is real, it is serious, and it opportunities as they arise. many years Austin has been involved with is not going away. From 9/11 through 2005 we have spent ap- Scouting, he has not only earned numerous We also know that if anything were to hap- proximately $20 billion on aviation security, but merit badges, but also the respect of his fam- pen to disrupt our passenger rail system, the only $500 million on rail and transit security. ily, peers, and community. economic consequences and impacts on our We can and must do better than this. I call on Madam Speaker, I proudly ask you to join way of life would be devastating. my colleagues to join me in this Congress to me in commending Austin Abarr for his ac- Finally, we know that most of our major pas- address the critical issue of capital invest- complishments with the Boy Scouts of Amer- senger rail facilities are old, in some cases ments in our rail passenger security. ica and for his efforts put forth in achieving the falling apart, lack modern security enhance- After Madrid and London, we can have no highest distinction of Eagle Scout. I am hon- ments built into the station design, and would more excuses.

VerDate Aug 31 2005 05:59 Jan 11, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A10JA8.001 E10JAPT1 jcorcoran on PROD1PC62 with REMARKS January 10, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E63 PERSONAL EXPLANATION Purple Heart, and the Army Good Conduct TRIBUTE TO REVEREND ROBERT Medal. While these honors will never bring W. RAWLS HON. CHARLIE NORWOOD him back, they serve as markers in our Na- OF GEORGIA tion’s history, identifying Nathaniel Aguirre as HON. DALE E. KILDEE IN THE HOUSE OF REPRESENTATIVES an American who understood his degree of re- OF MICHIGAN sponsibility to our Nation and his fellow Ameri- IN THE HOUSE OF REPRESENTATIVES Wednesday, January 10, 2007 cans. Mr. NORWOOD. Madam Speaker, on roll- Wednesday, January 10, 2007 call vote No. 15; On passage (H.R. 1). Had I f Mr. KILDEE. Madam Speaker, I rise today been present, I would have voted ‘‘no.’’ to recognize Reverend Robert W. Rawls who INTRODUCTION OF H.R. 366 TO f is honored by the clergy and congregation of DESIGNATE THE DEPARTMENT Vernon Chapel African Methodist Episcopal RECOGNIZING WILLIAM DUNKER OF VETERANS AFFAIRS OUT- Church on Sunday, January 14 in my home- FOR ACHIEVING THE RANK OF PATIENT CLINIC IN TULSA, town of Flint, MI. EAGLE SCOUT OKLAHOMA, AS THE ERNEST Reverend Rawls began his life of Christian CHILDERS DEPARTMENT OF service at Vernon Chapel. His parents, Johnny HON. SAM GRAVES VETERANS AFFAIRS OUT- and Corrie Rawls were two of Vernon Chap- PATIENT CLINIC OF MISSOURI el’s founding members. They instilled in their IN THE HOUSE OF REPRESENTATIVES son love for Our Lord and a desire to serve him. Reverend Rawls began his life of service Wednesday, January 10, 2007 HON. JOHN SULLIVAN OF OKLAHOMA as a Sunday School teacher, a member of the Mr. GRAVES. Madam Speaker, I proudly choir and a member of the Steward Board. He IN THE HOUSE OF REPRESENTATIVES pause to recognize William Dunker, a very also served as the Superintendent of the Sun- special young man who has exemplified the Wednesday, January 10, 2007 day School. finest qualities of citizenship and leadership by Mr. SULLIVAN. Madam Speaker, this In 1976 he answered God’s call to the min- taking an active part in the Boy Scouts of evening, I introduced H.R. 366, legislation to istry. Two years later he organized a Mission America, Troop 495, and in earning the most designate the Department of Veterans Affairs, located at North and Gillespie Streets. He prestigious award of Eagle Scout. VA, Outpatient Clinic in Tulsa, Oklahoma as went street by street for 40 blocks talking to William has been very active with his troop, the Ernest Childers VA Outpatient Clinic to people and inviting them to come and worship. participating in many Scout activities. Over the honor one of our Nation’s finest military he- The first service was held on June 19, 1978. many years William has been involved with roes. One person joined his congregation and his Scouting, he has not only earned numerous Ernest Childers holds the distinction of wife, Estelle, provided the music. merit badges, but also the respect of his fam- Continuing to spread the good news of being the first Native American to receive the ily, peers, and community. Jesus Christ, the Mission grew and the con- Congressional Medal of Honor for his heroic Madam Speaker, I proudly ask you to join gregation was able to purchase the building. action in 1943 at the battle of Oliveto, Italy, me in commending William Dunker for his ac- The Presiding Elder, Martin L. Sims, author- when he charged German machine gun nests complishments with the Boy Scouts of Amer- ized Reverend Reuben Russell to organize the against machine gun fire. Although suffering a ica and for his efforts put forth in achieving the Mission into a Church in 1980 and Bethel Afri- broken foot in the assault, Childers ordered highest distinction of Eagle Scout. I am hon- can Methodist Episcopal Church was admitted covering fire and advanced up a hill, single- ored to represent William in the United States into the Annual Conference. Reverend Rawls handedly killing two snipers, silencing two ma- House of Representatives. drew on his faith in God to continue working chine gun nests and capturing an enemy mor- to bring people to Jesus Christ. Year after f tar observer. His courageous action helped year, he held nightly street services from July American troops win the battle and save the HONORING THE BRAVERY AND through September. He worked to improve the lives of American soldiers. Childers was also SACRIFICE OF NATHANIEL Church and in 1996 completed the conversion awarded the Purple Heart and the Bronze Star AGUIRRE of the former storefront to a Church edifice. for his actions. For 22 years he served faithfully as a minister Born in Broken Arrow, Oklahoma, Childers HON. KENNY MARCHANT and pastor, retiring in 2002. enlisted in the Oklahoma National Guard in OF TEXAS Madam Speaker, I ask the House of Rep- 1937 to earn extra money while attending the IN THE HOUSE OF REPRESENTATIVES resentatives to rise with me and applaud the Chilocco Indian School in north-central Okla- life and work of Reverend Robert W. Rawls as Wednesday, January 10, 2007 homa. While stationed at Fort Sill in Okla- his family and friends at Vernon Chapel em- homa, he was deployed to Africa to fight in Mr. MARCHANT. Madam Speaker, it has brace him. He has devoted his life to doing World War II. Childers retired from the Army in been said that a hero is someone who under- God’s work and the Flint community is a better 1965 as a lieutenant colonel but remained stands the degree of responsibility that comes place because of his compassion, commit- very active in the Tulsa community serving In- with their freedom. Nathaniel Aguirre, 21 years ment, and actions. I wish him the best as he dian youth, which led to the naming of a mid- old, certainly understood that degree of re- enjoys his retirement. dle school in Broken Arrow, Oklahoma, in his sponsibility. f At just 17, Nathaniel enlisted in the United honor in 1985. States Army Reserve and attended basic com- As a proud Creek Indian, in 1966, Childers RECOGNIZING MICHAEL DUNN FOR bat training at Fort Knox, Kentucky. After grad- was honored by the Tulsa Chapter of the ACHIEVING THE RANK OF EAGLE uating from Creekview High School, he com- Council of American Indians as ‘‘Oklahoma’s SCOUT pleted additional military training and was de- most outstanding Indian.’’ Of his military serv- ployed to Iraq in December 2005. ice in World War II, Childers once said, ‘‘The HON. SAM GRAVES On the morning of October 22, 2006, Na- American Indian has only one country to de- OF MISSOURI fend, and when you’re picked on, the Amer- thaniel was on combat patrol in a village in IN THE HOUSE OF REPRESENTATIVES western Baghdad. After his detachment en- ican Indian never turns his back.’’ A fitting countered enemy fire, they confronted the quote from a man who exemplified courage Wednesday, January 10, 2007 enemy head on in a fight that would tragically under fire and dedication to defending our Na- Mr. GRAVES. Madam Speaker, I proudly cost Nathaniel his life. On that morning, a hero tion. pause to recognize Michael Dunn, a very spe- was not born—a hero was revealed. Until his death on March 17, 2005, Childers cial young man who has exemplified the finest Nathaniel leaves behind his parents and was Oklahoma’s last Congressional Medal of qualities of citizenship and leadership by tak- treasured younger sister Melissa, who had Honor recipient still living in the State. I am ing an active part in the Boy Scouts of Amer- known her brother as a hero long before it proud to introduce this legislation to honor his ica, Troop 45, and in earning the most pres- was revealed to the rest of us. life and legacy. We were honored to have him tigious award of Eagle Scout. Among the many honors bestowed in mem- grace us with his model character, defend us Michael has been very active with his troop, ory of his heroic acts, Nathaniel was post- with his bravery, and leave us all with a life participating in many Scout activities. Over the humously awarded the Bronze Star Medal, the well-lived. many years Michael has been involved with

VerDate Aug 31 2005 05:59 Jan 11, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A10JA8.005 E10JAPT1 jcorcoran on PROD1PC62 with REMARKS E64 CONGRESSIONAL RECORD — Extensions of Remarks January 10, 2007 Scouting, he has not only earned numerous Congress, the President said with his usual year, Southlake Carroll is also ranked as the merit badges, but also the respect of his fam- humility that he was a Ford, not a Lincoln. consensus No. 1 team in the country by seven ily, peers, and community. Today, only the best among us might be able national polls. The Dragons have shown they Madam Speaker, I proudly ask you to join to call themselves Fords. are simply the best high school football pro- me in commending Michael Dunn for his ac- We will all miss him very much, Madam gram in decades. complishments with the Boy Scouts of Amer- Speaker, and I strongly urge support of H. Throughout its historic championship runs, ica and for his efforts put forth in achieving the Res. 15. Southlake Carroll has represented the ideal highest distinction of Eagle Scout. I am hon- f virtues of amateur athletic programs—team- ored to represent Michael in the United States PERSONAL EXPLANATION work, tenacity, competitiveness and dignity— House of Representatives. and its immaculate seasons will be recounted f for generations to come throughout the state HON. CHARLIE NORWOOD of Texas. MOURNING THE PASSING OF OF GEORGIA I could not be more proud than to represent PRESIDENT GERALD RUDOLPH IN THE HOUSE OF REPRESENTATIVES FORD Southlake Carroll High School in Congress, Wednesday, January 10, 2007 and I congratulate the players, coaches, fans SPEECH OF Mr. NORWOOD. Madam Speaker, on roll- and parents who made the 2006 season such HON. TOM COLE call No. 14 on the motion to recommit (H.R. a memorable one. OF OKLAHOMA 1). Had I been present, I would have voted IN THE HOUSE OF REPRESENTATIVES ‘‘yes.’’ f Tuesday, January 9, 2007 f PERSONAL EXPLANATION Mr. COLE of Oklahoma. Madam Speaker, I RECOGNIZING TIM LEININGER FOR rise today to praise a truly good man. With the ACHIEVING THE RANK OF EAGLE HON. SOLOMON P. ORTIZ passing of President Gerald Ford, the House SCOUT OF CALIFORNIA of Representatives lost its most distinguished IN THE HOUSE OF REPRESENTATIVES alumni, and America lost a great patriot who HON. SAM GRAVES Wednesday, January 10, 2007 always placed his country’s good ahead of his OF MISSOURI own political interest. Gerald Ford was a man IN THE HOUSE OF REPRESENTATIVES Mr. ORTIZ. Madam Speaker, due to impor- of absolute integrity and profound personal de- Wednesday, January 10, 2007 tant congressional business, I was unable to cency. vote during the following rollcall votes. Had I Mr. GRAVES. Madam Speaker, I proudly Much has been said about President Ford’s been present, I would have voted as indicated pause to recognize Tim Leininger, a very spe- distinguished career in the House and as below: rollcall No. 12: ‘‘no’’; rollcall No. 13: cial young man who has exemplified the finest President. Many will rightly recall his absolute ‘‘yes’’; rollcall No. 14: ‘‘no’’; rollcall No. 15: qualities of citizenship and leadership by tak- integrity and his profound personal decency. ‘‘yes.’’ To build upon those remarks, I would like to ing an active part in the Boy Scouts of Amer- share some of my personal interactions with ica, Troop 495, and in earning the most pres- f Gerald Ford. I had the honor of meeting and tigious award of Eagle Scout. working with former President Ford on many Tim has been very active with his troop, RECOGNIZING SEAN McCALMON occasions after he left office. I found him to be participating in many scout activities. Over the FOR ACHIEVING THE RANK OF the same man in private that he was in pub- many years Tim has been involved with scout- EAGLE SCOUT lic—decent, honorable, and self-deprecating in ing, he has not only earned numerous merit his humor and observations. He was shrewd badges, but also the respect of his family, HON. SAM GRAVES peers, and community. without being devious and wise without being OF MISSOURI Madam Speaker, I proudly ask you to join complicated. IN THE HOUSE OF REPRESENTATIVES Madam Speaker, President Ford had gen- me in commending Tim Leininger for his ac- uine connections to and affection for Okla- complishments with the Boy Scouts of Amer- Wednesday, January 10, 2007 homa and Oklahomans. He told me on several ica and for his efforts put forth in achieving the Mr. GRAVES. Madam Speaker, I proudly occasions that he became Vice President and highest distinction of Eagle Scout. I am hon- pause to recognize Sam McCalmon, a very ultimately President because of the late ored to represent Tim in the United States special young man who has exemplified the Speaker Carl Albert of Oklahoma, who sup- House of Representatives. finest qualities of citizenship and leadership by ported his nomination for the Vice Presidency. f taking an active part in the Boy Scouts of He always remembered that Oklahoma was HONORING SOUTHLAKE CARROLL America, Troop 495, and in earning the most one of only two Southern States that he car- HIGH SCHOOL FOR WINNING THE prestigious award of Eagle Scout. ried in 1976. Indeed, once while making this 5A DIVISION I FOOTBALL STATE Sean has been very active with his troop, point to me, he recalled the exact margin of CHAMPIONSHIP participating in many Scout activities. Over the victory—13,266 out of over 1 million cast. many years Sean has been involved with Madam Speaker, during a memorable 1976 HON. KENNY MARCHANT Scouting, he has not only earned numerous campaign stop in Oklahoma, President Ford OF TEXAS merit badges, but also the respect of his fam- said, ‘‘It’s great to be in Oklahoma, the home IN THE HOUSE OF REPRESENTATIVES ily, peers, and community. of Will Rogers, who never met a man he didn’t Madam Speaker, I proudly ask you to join Wednesday, January 10, 2007 like, and the Oklahoma Sooners, who never me in commending Sean McCalmon for his played a team they couldn’t beat.’’ I later told Mr. MARCHANT. Madam Speaker, I rise accomplishments with the Boy Scouts of him that single line won Oklahoma for him. today to extend my congratulations to the America and for his efforts put forth in achiev- ‘‘Well,’’ he responded, ‘‘talking college football 2006 Southlake Carroll High School football ing the highest distinction of Eagle Scout. I am is pretty good politics in a lot of places. You team, which on Saturday, December 23, 2006, honored to represent Sean in the United might try it if you’re ever campaigning in Ohio, earned the title of 5A Division I State Cham- States House of Representatives. Michigan, Pennsylvania, or just about any- pions and finished its season a perfect 16–0. where in the South.’’ It is still one of the best The Dragons rallied in the second half to f pieces of advice I ever got from a practicing deliver a 43–29 come-from-behind victory over politician. Austin Westlake and on that day it was clear PERSONAL EXPLANATION President Ford paired his intelligence with to everyone in the Alamodome that the empathy and his candor with modesty. He Southlake Carroll Dragons are a genuine HON. HENRY E. BROWN, JR. was as politically astute as he was personally Texas high school football dynasty. In seven OF SOUTH CAROLINA decent, something that all too many people seasons under Head Coach Todd Dodge, the IN THE HOUSE OF REPRESENTATIVES forget. He was absolutely loyal to his party Dragons have amassed a 98–11 overall while still approaching politics in a pragmatic record and have gone 79–1 in the past 5 Wednesday, January 10, 2007 and bipartisan manner that made genuine po- years. The team has won three consecutive Mr. BROWN of South Carolina. Madam litical compromise possible. The House was all national titles, won the last four of five State Speaker, I am writing to notify you that I was the better because of his character, and so championships and has tied the Texas high absent for votes on January 4 and 5, 2007. too was our country. When speaking to the school record with seven state titles. This The reason for my absence was that I had a

VerDate Aug 31 2005 06:15 Jan 11, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A10JA8.010 E10JAPT1 jcorcoran on PROD1PC62 with REMARKS January 10, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E65 death in my immediate family that required me with her will never forget the lessons she In addition, I call for the House of Rep- to remain in South Carolina. taught and the pride they learned. resentatives to consider H.J. Res. 1, which Regarding the votes that I missed please f proposes a balanced budget amendment to see below for the way that I would have voted the Constitution of the United States. I have had I been present: rollcall vote No. 3—On RULES OF THE HOUSE joined over 100 of my fiscally responsible and Ordering the Previous Question—‘‘nay’’; roll- SPEECH OF forward-thinking colleagues in cosponsoring call vote No. 4—On Motion to Commit with In- this bill, which is a real solution to deficit structions—‘‘yea’’; rollcall vote No. 5—On HON. GARY G. MILLER spending. For the first time ever, this amend- Agreeing to the Resolution—‘‘nay’’; rollcall OF CALIFORNIA ment would put it in our Constitution—in the vote No. 6—On adoption of Title I of the Res- IN THE HOUSE OF REPRESENTATIVES very fabric of our democracy—that taxpayers’ olution—‘‘yea’’; rollcall vote No. 7—On adop- Friday, January 5, 2007 money belongs to them and that Congress tion of Title 2 of the Resolution—‘‘yea’’; rollcall Mr. GARY G. MILLER of California. Madam has the obligation of spending it carefully and vote No. 8—On adoption of Title 3 of the Res- Speaker, I rise today in reluctant opposition to responsibly. I wholeheartedly support this vital olution—‘‘yea’’; rollcall vote No. 9—On adop- Title IV of H. Res. 6, adopting the rules of the amendment and I sincerely hope this House tion of Title 4 of the Resolution—‘‘nay’’; rollcall 110th Congress. This title purports to uphold a will uphold our commitment to our constituents vote No. 10—On Motion to Commit with In- commitment to fiscal responsibility, but in actu- by considering and passing H.J. Res. 1. Again, I cannot support Title IV of H. Res. structions—‘‘yea’’; rollcall vote No. 11—On ality it includes a mechanism by which the 6 because it allows for a needless increase of adoption of Title 4 of the Resolution—‘‘nay.’’ new majority may increase taxes for hard- the financial burden on all American families. f working Americans. Ultimately, this title could facilitate tax increases while preventing tax re- Instead, I support the motion to commit and TRIBUTE TO PAULA STONITSCH lief measures for millions of Americans. In- the Balanced Budget Amendment as real stead, the House should reaffirm our commit- steps forward in reducing the tax burden on HON. LYNN C. WOOLSEY ment to fiscal responsibility by passing a bal- American families and committing ourselves to OF CALIFORNIA anced budget amendment to the Constitution true fiscal responsibility. Our obligation to IN THE HOUSE OF REPRESENTATIVES so that Congress does not spend more than it hardworking taxpayers deserve no less. Wednesday, January 10, 2007 takes in. f To be clear, I do support an important provi- MOURNING THE PASSING OF Ms. WOOLSEY. Madam Speaker, I rise sion contained in Title IV—namely, the provi- today to honor beloved teacher Paula PRESIDENT GERALD RUDOLPH sion concerning the long-overdue reform for FORD Stonitsch of Petaluma, California, who passed congressional earmarks. I have long sup- away December 13 at the age of 90. Mrs. ported measures to bring transparency and SPEECH OF Stonitsch was that special kind of teacher accountability to the earmarking process to who, like many wonderful educators across ensure that the American people know their HON. DAVID L. HOBSON OF OHIO the country, is remembered for a lifetime by money is not being squandered. In fact, I IN THE HOUSE OF REPRESENTATIVES the children she inspired. proudly supported H.R. 4975, the Lobbying For over 40 years, Paula taught at Petaluma Accountability and Transparency Act, as well Tuesday, January 9, 2007 High School where my four children—and as H. Res. 1000, both of which passed last Mr. HOBSON. Madam Speaker, I rise today many others—learned to care about their gov- year to amend the rules of the House to ad- to join my colleagues in honoring the legacy of ernment and to understand how it works. Her dress earmark reform. These two measures former President Gerald R. Ford. own children were also in her classes, where were the first steps in ending the abuse of Although I never served with President Ford she reminded them that they must earn their earmarks by a few members and increasing personally, I admire him for his record as a grades like everyone else. She also taught fiscal trust in Congress. I fully support the con- leader in the House of Representatives, and night classes at Santa Rosa Junior College, tinuation of these efforts to crack down on ear- later for accepting one of the greatest chal- SRJC. mark misuse and improve the financial trans- lenges an individual can assume—the Presi- Born in San Francisco in 1916 to German- parency of our budget. dency of the United States of America. speaking immigrants who had high ambitions Regrettably, the important earmark reform In the past couple of weeks, we have heard for their children, Paula Girbony went on to at- provision of this title was coupled with a meas- many historians talk about President Ford’s tend UC Berkeley, majoring in German and ure that could potentially increase taxes for all legacy of healing our nation in the aftermath of history, graduated from Valparaiso University Americans. This provision, known as pay-as- the Watergate scandal. At the time, he was in Indiana, and earned a teaching credential at you-go, or PAYGO, seems like a beneficial sharply criticized for his decision to pardon UC Berkeley. tool to fiscal responsibility on its face. PAYGO President Richard Nixon, but now he has been In 1941 she married Gottfried Stonitsch of budgetary rules require new mandatory spend- lauded for moving this country forward. I think Petaluma, whom she had met through friends ing be offset by either other equal reductions they are right. I admire him for the courage he of relatives there. She moved to Petaluma to in mandatory spending or by revenue in- had in making what was arguably one of the join him and began teaching German and creases. However, with plans for new direct most difficult decisions a sitting president has American history at the high school in 1951 spending programs and budgetary rules that ever made. and German classes at SRJC in the 1960s. In do not accurately score the effect of tax reduc- As a Midwesterner myself, I would like to 1962, Paula Stonitsch won a Fulbright Ex- tions on future economic growth, PAYGO is think that it was some of the values and expe- change Teaching Scholarship which enabled really a policy of ‘‘tax and spend as you go.’’ riences that President Ford had while growing her to teach for a year in Germany where she For this reason, I must reluctantly oppose up in Michigan that helped shape him into the conducted her classes in German. She retired this title. Instead, I will support the motion to courageous and good-natured leader that he from Petaluma High School in 1990 but con- commit, which will ensure Americans are not later became. tinued teaching at the JC until shortly before squeezed in their pocketbooks by requiring a While President Ford played football for her death. three-fifths vote to pass any congressional tax what we Ohio State University fans refer to as As the founder of a group called the Nut La- hike. The three-fifths requirement was an im- ‘‘the team up north,’’ he demonstrated his dies at St. John Lutheran Church in Petaluma, portant reform of the Contract with America, good-natured personality the day that he gave Paula was also known for her energies in sup- instituted in 1995 to protect Americans from the university’s 1974-commencement address. porting the church. Her group picked and sold unfair tax increases. By failing to guarantee It was just a few weeks after he became presi- walnuts, with the proceeds benefiting St. John. this requirement, millions of American families dent and legendary football coach Woody Paula is survived by daughters Elizabeth and small businesses could be threatened by Hayes was still at OSU. According to a recent Ravenscroft, Adrienna Rodgers, and Erika money grabs from greedy tax writers. This is story in The Columbus Dispatch, he said: ‘‘We Stonitsch and sister Gisela Krueger. not right. Over the past several years, our just had our picture taken together and when Madam Speaker, teachers like Paula economy has seen levels of unprecedented that picture appears in today’s Dispatch, I’m Stonitsch offer a rare gift to our young people, growth as a result of the 2003 tax cuts. Today, pretty sure what the caption will say,’’ Ford a gift that truly gives back to our country as with over seven million payroll jobs created said. ‘‘Woody Hayes and friend.’’ these students grow up to become our citizens and the Dow Jones Industrial Average at President Ford loved our country, and he and our leaders. The generations of Petaluma record highs, it would be irresponsible to jeop- served it with integrity, which helped restore children who were fortunate enough to study ardize the economic progress we have made. the public’s confidence in the presidency.

VerDate Aug 31 2005 05:59 Jan 11, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A10JA8.017 E10JAPT1 jcorcoran on PROD1PC62 with REMARKS E66 CONGRESSIONAL RECORD — Extensions of Remarks January 10, 2007 I proudly join my colleagues in honoring him went warily back, and walked up very close to CONGRATULATING REBEKAH with this resolution, and expressing our deep- the tank, and shouted at the soldiers inside. FRIEND FOR HER APPOINTMENT est sympathy to Mrs. Betty Ford and her fam- They hadn’t seen Nelson, and when they AS THE NEW EXECUTIVE DIREC- ily. heard him, they threw the flamethrower in his TOR OF THE ARIZONA AFL–CIO f face. He jumped back and began yelling so they would know he wasn’t the enemy and, HON. ED PASTOR 21ST ANNUAL CHILI BOWL MIDGET fortunately they calmed down. NATIONALS TULSA, OKLAHOMA OF ARIZONA When Nelson got back to his company, his IN THE HOUSE OF REPRESENTATIVES platoon leader rushed them through the grove HON. JOHN SULLIVAN as fast as they could go. If enemy soldiers Wednesday, January 10, 2007 OF OKLAHOMA had been in there, they would all have been Mr. PASTOR. Madam Speaker, I rise before IN THE HOUSE OF REPRESENTATIVES dead. you today to congratulate Ms. Rebekah Friend for her appointment as the new executive di- Wednesday, January 10, 2007 They kept moving until they could see the edge of the cliff bordering the water; their rector of the Arizona AFL–CIO. In this capacity Mr. SULLIVAN. Madam Speaker, this week- leader had achieved his objective. As platoon she will manage the day-to-day operations of end marks the 21st Annual Chili Bowl Midget scout, Mr. Nelson was the first to look upon the organization. Through this appointment, Nationals held in Tulsa, Oklahoma. This great that glorious scene, the end of the Battle of Ms. Friend is once again making history in Ari- event, which was founded in 1987, is orga- Okinawa. And though he didn’t know it at the zona’s labor movement by being the first nized by Emmett Hahn and Lanny Edwards, time, that made him the first to see the end of woman appointed to this position. Previously, recent inductees into the National Midget Auto fighting in World War II. she was the first female president of the Ari- Racing Hall of Fame. The Chili Bowl is re- After the war, Keith returned to Colorado zona AFL–CIO chapter. ferred to as midget racing’s answer to the and married Wanda Moncrief in 1948. They Ms. Friend began her labor career in the Super Bowl. had four sons, Dennis, Brett, Elon, and Gary. International Brotherhood of Electrical Workers This annual event draws thousands of peo- Mr. Nelson currently resides in Fleming, Colo- over 25 years ago. During her time as presi- ple to the Tulsa area from around the country rado. dent of the Arizona AFL–CIO, Ms. Friend led and will bring in an estimated $12 million to Madam Speaker, I am grateful for Mr. Nel- numerous initiatives aimed at advancing the Tulsa’s economy. The Chili Bowl itself, held in son’s selfless service to our Nation. His story working conditions of Arizona’s workers, such the Tulsa Expo Center, is an exciting four should be preserved for posterity. I urge my as improving unemployment insurance and nights of super powered midget vehicles rac- colleagues to join me in recognizing a man worker’s compensation for union members. ing on a quarter-mile clay oval track. worthy of our honor, Mr. Keith Nelson. Additionally, Ms. Friend has worked arduously The Chili Bowl draws everyone from ama- to raise awareness of the plight of immigrant teur drivers to NASCAR champions, who view f workers. During this past election season, she this event as a great way to spend their off PERSONAL EXPLANATION also chaired the Minimum Wage Coalition, season. This year’s event will feature Kasey which successfully helped pass proposition Kahne, who drives for Evernham Motorsports 202 to increase Arizona’s minimum wage. in the NASCAR Nextel Cup Series, and Tony HON. CHARLIE NORWOOD Apart from her work at the Arizona AFL– Stewart, who drives for Joe Gibbs Racing in CIO, Ms. Friend has also served in official ca- OF GEORGIA the NASCAR Nextel Cup Series and was the pacities with the Arizona Consumer Council, Chili Bowl champion in 2002. In addition, IN THE HOUSE OF REPRESENTATIVES Arizona Citizen Action, Labor Council for Latin reigning Chili Bowl champion Tim McCreadie Wednesday, January 10, 2007 American Advancement, Southern Poverty will be there to defend his title. Mr. NORWOOD. Madam Speaker, on roll Law Center, Habitat for Humanity, and I would like to welcome all the fans and par- call No. 13; On agreeing to the Resolution (H. Emerge Arizona. She was the YWCA’s 2004 ticipants to Tulsa and hope that they have a Res. 35). Had I been present, I would have Woman of the Year and was presented with a fun, safe event. voted ‘‘No.’’ lifetime achievement award by the Arizona f Democratic Party in 2002. f Madam Speaker, I am honored to recognize TRIBUTE TO KEITH NELSON Ms. Rebekah Friend for her recent appoint- RECOGNIZING BRAD BAILEY FOR ment and to express my gratitude for her de- ACHIEVING THE RANK OF EAGLE HON. MARILYN N. MUSGRAVE termination in fighting for the rights of all of Ar- SCOUT OF COLORADO izona’s workers. IN THE HOUSE OF REPRESENTATIVES f Wednesday, January 10, 2007 HON. SAM GRAVES OF MISSOURI HONORING RALPH MOORE Mrs. MUSGRAVE. Madam Speaker, I rise IN THE HOUSE OF REPRESENTATIVES today to honor the patriotism and military serv- Wednesday, January 10, 2007 HON. DEVIN NUNES ice of Mr. Keith Nelson of Fleming, Colorado. OF CALIFORNIA Mr. Nelson was born in Sterling, Colorado, Mr. GRAVES. Madam Speaker, I proudly IN THE HOUSE OF REPRESENTATIVES and served in the Army in the Pacific theater pause to recognize Brad Bailey, a very special during World War II from 1944 to 1946. During young man who has exemplified the finest Wednesday, January 10, 2007 his military service, he witnessed an incredibly qualities of citizenship and leadership by tak- Mr. NUNES. Madam Speaker, I would like significant moment in history, the end of the ing an active part in the Boy Scouts of Amer- to pay tribute to Ralph Moore of Visalia, Cali- Battle of Okinawa. I believe his story is most ica, Troop 357, and in earning the most pres- fornia, who will celebrate his 100th birthday on worthy of being preserved in the CONGRES- tigious award of Eagle Scout. January 14, 2007. SIONAL RECORD. I join with his family and friends in express- Mr. Moore has devoted his life as an inno- It was close to the end of the fighting in Oki- ing best wishes on his significant achieve- vative agriculturist. He founded Sequoia Nurs- nawa, when L Company, 32nd Regiment, 7th ment. I commend Brad on attaining such a ery in Visalia, California in 1937 with $800 and Infantry Division had been assigned the task high honor and his superior contributions in a dream of hybridizing miniature roses. His of taking a grove of trees near the southern tip his community. In addition, Brad has shown dream became reality, and it continues to of the island, one of the last pockets of Japa- much patriotism by serving me in two of my thrive today. nese resistance. Mr. Nelson’s platoon was led offices as an intern. I am sure he will continue Mr. Moore’s achievements go beyond his by a former marine who wanted the glory of to hold such high standards in the future. entrepreneurial accomplishments. He has in- reaching the ocean first. As they entered the Madam Speaker, I proudly ask you to join troduced more than 500 roses onto the mar- trees, an American flame throwing tank came me in commending Brad Bailey for his accom- ket, mainly miniatures. He has received the up behind them; it had probably been as- plishments with the Boy Scouts of America American Rose Society’s ‘‘Award of Excel- signed the job of burning the brush and flush- and for his efforts put forth in achieving the lence’’ for 20 of his miniature rose introduc- ing out any concealed Japanese soldiers. highest distinction of Eagle Scout. I am hon- tions, as well as being honored with other Being the scout of the platoon, Mr. Nelson ored to represent Brad in the United States prestigious national and international awards was assigned the job of stopping the tank. He House of Representatives. over the years. In 2004, the City of Visalia

VerDate Aug 31 2005 05:59 Jan 11, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A10JA8.021 E10JAPT1 jcorcoran on PROD1PC62 with REMARKS January 10, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E67 honored Mr. Moore with the dedication of the on in the people whose actions reflect the ‘‘privatize.’’ And one of the main features of ‘‘Ralph Moore Miniature Rose Garden Memo- spirit of resolve and achievement that will help the legislation was an effort to bring private- rial Park.’’ move our country into the future. In particular, sector fragmentation and inefficiency to one Ralph Moore is part of the rich heritage that of America’s most important public pro- several distinguished individuals from Indi- grams. makes Visalia and the entire Central Valley of ana’s First Congressional District will be rec- The process actually started in the 1990s, California an enjoyable and interesting place ognized during the 28th Annual Dr. Martin Lu- when Medicare began allowing recipients to to live. ther King, Jr. Memorial Breakfast on Monday, replace traditional Medicare—in which the I sincerely wish Ralph Moore a wonderful January 15, 2007, at the Genesis Convention government pays doctors and hospitals— 100th birthday. Center in Gary, Indiana. The Gary Frontiers with private managed-care plans, in which the government pays a fee to an H.M.O. The f Service Club, which was founded in 1952, sponsors this annual breakfast. magic of the marketplace was supposed to PERSONAL EXPLANATION cut Medicare’s costs. This year, the Gary Frontiers Club will pay The plan backfired. H.M.O.’s received fees tribute to several local individuals who have reflecting the medical costs of the average HON. CHARLIE NORWOOD for decades unselfishly contributed to improv- Medicare recipient, but to maximize profits OF GEORGIA ing the human condition of others in the City they selectively enrolled only healthier sen- IN THE HOUSE OF REPRESENTATIVES of Gary. Those individuals who will be recog- iors, leaving sicker, more expensive people in Wednesday, January 10, 2007 nized as Dr. Martin Luther King, Jr. Marchers traditional Medicare. Once Medicare became at this year’s breakfast include: Barbara Cope, aware of this cream-skimming and started Mr. NORWOOD. Madam Speaker, on roll- adjusting payments to reflect beneficiaries’ the late Reverend Hezekiah Stewart Malone, call No. 12; on motion to recommit (H. Res. health, the H.M.O.’s began dropping out: Jr., Roy Pratt, and Finis Springer. Additionally, 35). Had I been present, I would have voted their extra layer of bureaucracy meant that Maurice John Preston, Sr. will be honored with ‘‘yes.’’ they had higher costs than traditional Medi- the Dr. Martin Luther King, Jr. Drum Major care and couldn’t compete on a financially f Award, an award given out annually to an out- fair basis. RECOGNIZING JOEY M. SAUNDERS standing individual of the Gary community. That should have been the end of the story. But for the Bush administration and its Con- FOR ACHIEVING THE RANK OF Though very different in nature, the achieve- ments of all of these individuals reflect many gressional allies, privatization isn’t a way to EAGLE SCOUT deliver better government services—it’s an of the same attributes that Dr. King pos- end in itself. So the 2003 legislation increased HON. SAM GRAVES sessed, as well as the values he advocated. payments to Medicare-supported H.M.O.’s, Like Dr. King, these individuals saw chal- OF MISSOURI which were renamed Medicare Advantage lenges and rose to the occasion. Each one of plans. These plans are now heavily sub- IN THE HOUSE OF REPRESENTATIVES the honored guests’ greatness has been found sidized. Wednesday, January 10, 2007 in their willingness to serve with a heart full of According to the Medicare Payment Advi- grace and a soul generated by love. They set sory Commission, an independent federal Mr. GRAVES. Madam Speaker, I proudly body that advises Congress on Medicare pause to recognize Joey Saunders, a very goals and worked to achieve them. issues, Medicare Advantage now costs 11 per- special young man who has exemplified the Madam Speaker, I urge you and my other cent more per beneficiary than traditional finest qualities of citizenship and leadership by distinguished colleagues to join me in com- Medicare. According to the Commonwealth taking an active part in the Boy Scouts of mending the Gary Frontiers Service Club Fund, which has a similar estimate of the ex- America, Troop 357, and in earning the most president, Mr. Oliver J. Gilliam, breakfast cess cost, the subsidy to private H.M.O.’s prestigious award of Eagle Scout. chairman, Mr. Clorius L. Lay, and all other cost Medicare $5.4 billion in 2005. Joey has been very active with his troop, members of the service club for their initiative, The inability of private middlemen to win determination, and dedication to making a fair competition against traditional Medi- participating in many scout activities. Over the care was embarrassing to those who sing the many years Joey has been involved with Northwest Indiana a better place for all who praises of privatization. Maybe that’s why scouting, he has not only earned numerous live and work there. the Bush administration made sure that merit badges, but also the respect of his fam- f there is no competition at all in Part D, the ily, peers, and community. It is with extreme drug program. There’s no traditional Medi- FIRST, DO LESS HARM IN pleasure that I commend the dedication Joey care version of Part D, in which the govern- MEDICARE has shown. ment pays drug costs directly. Instead, the Madam Speaker, I proudly ask you to join elderly must get coverage from a private in- HON. FORTNEY PETE STARK surance company, which then receives a gov- me in commending Joey for his accomplish- ernment subsidy. ments with the Boy Scouts of America and for OF CALIFORNIA As a result, Part D is highly confusing. It’s his efforts put forth in achieving the highest IN THE HOUSE OF REPRESENTATIVES also needlessly expensive, for two reasons: distinction of Eagle Scout. I am proud to rep- Wednesday, January 10, 2007 the insurance companies add an extra layer resent Joey in the U.S. House of Representa- of bureaucracy, and they have limited abil- Mr. STARK. Madam Speaker, as we vote tives. ity to bargain with drug companies for lower later this week on negotiating better prices for prices (and Medicare is prohibited from bar- f Part D drugs in Medicare, we must remember gaining on their behalf). One indicator of TRIBUTE TO GARY FRONTIERS that the debate is about much more than pre- how much Medicare is overspending is the SERVICE CLUB scription drugs. Requiring the Secretary to ne- sharp rise in prices paid by millions of low- gotiate for lower drug prices is just one small income seniors whose drug coverage has been switched from Medicaid, which doesn’t rely step in the fight against Medicare privatization HON. PETER J. VISCLOSKY on middlemen and does bargain over prices, and the conservative push to end the Medi- OF INDIANA to the new Medicare program. care entitlement. IN THE HOUSE OF REPRESENTATIVES The costs imposed on Medicare by gratu- Madam Speaker, I ask that the Paul itous privatization are almost certainly Wednesday, January 10, 2007 Krugman Op-Ed from the January 5, 2007, higher than the cost of providing health in- Mr. VISCLOSKY. Madam Speaker, as we edition of the New York Times be printed in surance to the eight million children in the celebrate the birth of Dr. Martin Luther King, the RECORD. United States who lack coverage. But recent news analyses have suggested that Demo- FIRST, DO LESS HARM Jr. and reflect on his life and work, we are re- crats may not be able to guarantee coverage minded of the challenges that democracy (By Paul Krugman) to all children because this would conflict poses to us and the delicate nature of liberty. Universal health care, much as we need it, with their pledge to be fiscally responsible. Dr. King’s life, and, unfortunately, his untimely won’t happen until there’s a change of man- Isn’t it strange how fiscal responsibility is a death, reminds us that we must continually agement in the White House. In the mean- big concern when Congress is trying to help work to secure and protect our freedoms. Dr. time, however, Congress can take an impor- children, but a nonissue when Congress is King, in his courage to act, his willingness to tant step toward making our health care sys- subsidizing drug and insurance companies? tem less wasteful, by fixing the Medicare What should Congress do? The new Demo- meet challenges, and his ability to achieve, Middleman Multiplication Act of 2003. cratic majority is poised to reduce drug embodied all that is good and true in the battle Officially, of course, it was the Medicare prices by allowing—and, probably, requir- for liberty. Modernization Act. But as we learned during ing—Medicare to negotiate prices on behalf The spirit of Dr. King lives on in the citizens the debate over Social Security, in of the private drug plans. But it should go of communities throughout our Nation. It lives Bushspeak ‘‘modernize’’ is a synonym for further, and force Medicare to offer direct

VerDate Aug 31 2005 05:59 Jan 11, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A10JA8.027 E10JAPT1 jcorcoran on PROD1PC62 with REMARKS E68 CONGRESSIONAL RECORD — Extensions of Remarks January 10, 2007 drug coverage that competes on a financially wars and have extraordinary records of serv- Unaware he was an expert marksman, the fair basis with the private plans. And it ice in the Armed Forces in considerably larger wounded owner was able to return fire, strik- should end the subsidy to Medicare Advan- numbers than many States. District citizens, in ing the hidden gunman. tage, forcing H.M.O.’s to engage in fair com- The bullet, pointing to the triggerman, now petition with traditional Medicare. addition, pay Federal income taxes. Conservatives will fight fiercely against We in the Congress all represent proud lays embedded in the suspect’s forehead. these moves. They say they believe in com- Americans. There are, of course, significant Refusing its removal, search warrants were petition—but they’re against competition differences between the States and the juris- issued ordering doctors to extract it. that might show the public sector doing a dictions covered by this bill. However, quali- Doctors backed down and have ignored the better job than the private sector. Progres- fication to be part of a program of quarter Judge’s order. The excuse by the doctors: the sives should support these moves for the coins to commemorate congressional districts removal would require the suspect to undergo same reason. Ending the subsidies to middle- is not one of them. Under the Constitution, all surgery. men, in addition to saving a lot of money, would point the way to broader health care Americans are equal, notwithstanding impor- These doctors are confused who the real reform. tant differences in form, structure and other victim is. Not the outlaw with the mark of Cain, significant distinctions. Today, by including all but the valiant survivor who took on his would- f Americans, Congress avoids any appearance be assassin. INTRODUCTION OF THE DISTRICT of differential or discriminatory treatment and In direct defiance of a judge’s order, citing OF COLUMBIA AND UNITED any implication that these areas are colonies, the criminal’s alleged right to deny treatment, STATES TERRITORIES CIRCU- never the intention when the five jurisdictions these doctors have thumbed their noses, like LATING QUARTER DOLLAR PRO- were not included in the original bill in 1998, insolent children, at our Nation’s criminal jus- GRAM ACT as the House has made clear by repeatedly tice system. bringing this bill to the floor. Madam Speaker, this ought not to be. Jus- HON. ELEANOR HOLMES NORTON Today, when our country is at war and tice must be served . . . the bullet must tell its OF THE DISTRICT OF COLUMBIA faces unparalleled dangers, this bill is yet an- story. IN THE HOUSE OF REPRESENTATIVES other example of our unity as Americans and And that’s just the way it is. Wednesday, January 10, 2007 our indivisibility in honoring all of our country’s f citizens. By repeatedly passing this measure, Ms. NORTON. Madam Speaker, for the the House has made it abundantly clear that RECOGNIZING BRANDON HOCH- fourth time, the House has passed a bill to af- we are one country and that our hope is that STEDLER FOR ACHIEVING THE ford five insular areas and the District of Co- the Senate will join us. RANK OF EAGLE SCOUT lumbia a quarter bearing a design of their f choice on the reverse side. Inadvertently, HON. SAM GRAVES these Americans were excluded from the 50- RECOGNIZING PETER FEHNER FOR OF MISSOURI ACHIEVING THE RANK OF EAGLE State bill affording this same right to the IN THE HOUSE OF REPRESENTATIVES States in 1998. SCOUT We owe very special thanks to the succes- Wednesday, January 10, 2007 sive committee and subcommittee chairs and HON. SAM GRAVES Mr. GRAVES. Madam Speaker, I proudly ranking members on the Financial Services OF MISSOURI pause to recognize Brandon Hochstedler, a Committee. We especially appreciate the new IN THE HOUSE OF REPRESENTATIVES very special young man who has exemplified Chairman BARNEY FRANK who reached out to the finest qualities of citizenship and leader- us to put this bill for consideration by the Wednesday, January 10, 2007 ship by taking an active part in the Boy Scouts House on the suspension calendar. Mr. GRAVES. Madam Speaker, I proudly of America, Troop 98, and in earning the most Forty States have had their State design on pause to recognize Peter Fehner, a very spe- prestigious award of Eagle Scout. the reverse side of the quarter with four more cial young man who has exemplified the finest Brandon has been very active with his States to be added before this year is ended. qualities of citizenship and leadership by tak- troop, participating in many scout activities. All the coins are minted according to the year ing an active part in the Boy Scouts of Amer- Over the many years Brandon has been in- each State ratified the Constitution of the ica, Troop 180, and in earning the most pres- volved with scouting, he has not only earned United States or were admitted into the Union. tigious award of Eagle Scout. numerous merit badges, but also the respect Although States have appropriate latitude, Peter has been very active with his troop, of his family, peers, and community. there are limitations as to what can be used participating in many scout activities. Over the Madam Speaker, I proudly ask you to join as a design. According to Public Law 105– many years Peter has been involved with me in commending Brandon Hochstedler for 124, the Secretary of the Treasury has the scouting, he has not only earned numerous his accomplishments with the Boy Scouts of final approval of each design. The law gives merit badges, but also the respect of his fam- America and for his efforts put forth in achiev- clear guidance as to what is an acceptable de- ily, peers, and community. ing the highest distinction of Eagle Scout. I am sign concept. Suitable design concepts include Madam Speaker, I proudly ask you to join honored to represent Brandon in the United State landmarks, landscapes, historically sig- me in commending Peter Fehner for his ac- States House of Representatives. nificant buildings, symbols of State resources complishments with the Boy Scouts of Amer- f or industries, official State flora and fauna, ica and for his efforts put forth in achieving the State icons, and outlines of States. Among the highest distinction of Eagle Scout. I am hon- THE LIFE OF DR. MARY T. examples of suitable coins already in circula- ored to represent Peter in the United States CHRISTIAN tion are, New York’s Statue of Liberty, Mis- House of Representatives. souri’s depiction of Lewis and Clark as they f HON. ROBERT C. ‘‘BOBBY’’ SCOTT paddled down the Missouri River with the OF VIRGINIA LET THE BULLET SPEAK Gateway Arch in the background and North IN THE HOUSE OF REPRESENTATIVES Carolina’s design depicting the first successful airplane flight. We look forward to the day HON. TED POE Wednesday, January 10, 2007 when the residents of the District of Columbia OF TEXAS Mr. SCOTT of Virginia. Madam Speaker, I and of the insular areas can see similar sym- IN THE HOUSE OF REPRESENTATIVES rise today to recognize the contributions of a bols of their jurisdictions and of their American citizen of the City of Hampton, who has dedi- citizenship appear on coins as well. Wednesday, January 10, 2007 cated her life to making her city and the Com- This bill points out the importance of includ- Mr. POE. Madam Speaker, A bullet tells a monwealth of Virginia a better place to live ing all Americans in the symbols of American story . . . Tells lawmen the gun it belongs to, and learn. I would like to pay tribute to the citizenship. The residents of the District and of identifies the outlaw that fired it. In Jefferson contributions of retired Delegate Dr. Mary T. the insular areas are full and equal American County, Texas, it proves an attempted capital Christian. citizens. To leave them out of mere exercises murder. In 1955, Dr. Christian graduated with high- of citizenship is to seem to deny the citizen- Gang thugs—with disregard to the property est honors from Hampton Institute, now ship they revere and share with other Ameri- of others—robbed a used-car lot in Port Ar- Hampton University, with a B.S. in Elementary cans. The Americans who live in these dis- thur, TX. When the owner appeared, a coward Education. From there she received a Mas- tricts have fought and died in our country’s amid the cloak of darkness fired his pistol. ter’s Degree from Columbia University in

VerDate Aug 31 2005 05:59 Jan 11, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A10JA8.032 E10JAPT1 jcorcoran on PROD1PC62 with REMARKS January 10, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E69 1960, and her Ph.D. from Michigan State Uni- IN HONOR OF RICHARD T. ceedings had been initiated. I also disagreed versity in 1967. STILLWELL with many of his policy positions. However, time has shown that the man some have Dr. Christian began her civic service as a HON. SAM FARR called the ‘‘accidental president’’ was the right teacher at Aberdeen Elementary School in person to take the highest office in the land at 1960 and held this position for 6 years before OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES a critical time for our Nation. moving on to Hampton University. At Hamp- Gerald Ford’s honor and integrity were the ton, she started as an Instructor in the Edu- Wednesday, January 10, 2007 qualities we needed to restore trust and open- cation Department before becoming a Pro- Mr. FARR. Madam Speaker, I rise today to ness to a damaged Presidency. His humble fessor, then rose to Chair the Education De- honor Richard Stillwell, who, after spending and steady leadership brought our democracy partment in 1970, followed by becoming Dean the past 56 years as a firefighter in Pacific back from the brink of a constitutional crisis. of the School of Education in 1980, and in Grove, California, has finally decided to retire The citizens of the state of Michigan and of our great Nation will not soon forget the impor- 1987 she became Professor Emeritus. Dr. at the age of 76. tant contributions of this man of integrity and Christian has been appointed to several com- Richard grew up in Pacific Grove, and upon graduating from high school he submitted his honor. mittees with the Virginia Department of Edu- application to the Pacific Grove Volunteer Fire f cation throughout her career. Department. The following year he was pro- CONGRATULATING THE UNIVER- Dr. Christian’s educational career alone is moted to a paid position as Fire Engineer. He SITY OF MICHIGAN CENTER FOR worthy of celebration. But outside of the class- worked as a paid firefighter for 11 years. In THE STUDY OF HIGHER AND room, Dr. Christian was an effective state leg- 1962, he resigned from the paid staff to pur- POSTSECONDARY EDUCATION ON islator, representing the 92nd District in the sue another career, but remained a vital mem- ITS 50TH ANNIVERSARY Virginia House of Delegates from 1986–2004. ber of the Volunteer Department. Richard was She served ably on the Appropriations, Edu- promoted to Volunteer Assistant Chief in 1995, and will hold the title of Honorary Volunteer HON. JOHN D. DINGELL cation, and Rules Standing Committees, and Fire Chief upon his retirement. No other per- OF MICHIGAN IN THE HOUSE OF REPRESENTATIVES was the Co-chair of the Militia and Police son in the history of the town has achieved Committee. Dr. Christian was also selected to this honorable rank. Wednesday, January 10, 2007 be a member of various General Assembly Richard is known around town as ‘‘Mr. Mr. DINGELL. Madam Speaker, I rise today Commissions including the Joint Commission P.G.,’’ and for good reason. He is involved in to celebrate the Center for the Study of Higher on Technology and Science, the Hampton many community organizations and sponsors and Postsecondary Education, founded 50 Roads Third Crossing Bridge Tunnel Commis- several scholarships for students at his alma years ago by Dr. Algo Henderson at the Uni- sion, and the Commission on Access and Di- mater, Pacific Grove High School. He is espe- versity of Michigan with a grant from the Car- versity. Before I came to Congress, I had the cially helpful to the young volunteer firemen negie Foundation. Located in my district, the pleasure to serve with Dr. Christian in the and finds their enthusiasm for the service University of Michigan (UM) is a national lead- General Assembly and I know her to be a keeps him young. He was recently given the er in higher education and in cutting-edge re- Department’s highest honor, the Medal of search, equipping young minds with the best skilled public servant who keeps the needs of Valor for his meritorious service. Special rec- tools to confront the world’s problems. Among her constituents paramount in her mind while ognition must be given to his wife, Bev, and the best at UM, the Center for the Study of making decisions in Richmond. their family, for supporting him throughout his Higher and Postsecondary Education is recog- Dr. Christian has received many awards and career. Over the years, there is no way to nized as an innovator and emulated by higher accolades throughout her career. She has count how many birthday parties, Thanks- education institutions across the Nation. Fac- been inducted into the Alpha Kappa Mu, giving and Christmas dinners, and nights of ulty at the Center seek to improve higher and Kappa Delta Pi, and Phi Beta Theta honor so- sleep Richard missed while serving his town. postsecondary education from the perspec- cieties. She is an Honorary Board Member of Madam Speaker, I would like to honor Rich- tives of organizational behavior and manage- ard Stillwell for the many years that he spent ment, public policy, academic affairs, student the National Patient Advocate Foundation. serving and protecting Pacific Grove. development, assessment, and evaluation. She has received both the Merit Award for f Today, the Center is headed by alumnus Dr. Community Service and the Award for Service Deborah Faye Carter and staffed by scholars to Youth from the NAACP. In 2002, Thomas MOURNING THE PASSING OF with expertise that spans a wide range of Nelson Community College named the Mary PRESIDENT GERALD RUDOLPH fields in the study. T. Christian Auditorium after her. Dr. Christian FORD The Center’s faculty members provide valu- is a member of First Baptist Church of Hamp- able leadership to both the graduate students SPEECH OF ton and its Fellowship Choir, and is also a they teach and their colleagues in the field. member of Delta Sigma Theta Sorority, Inc., HON. JOHN CONYERS, JR. Thanks to the contributions of the faculty, the as well as a life member of the NAACP. OF MICHIGAN Center’s research continues to facilitate major IN THE HOUSE OF REPRESENTATIVES initiatives in the field of higher education that Locally, Dr. Christian was founder and lead- respond to the evolving needs of our country. er of several civic and community organiza- Tuesday, January 9, 2007 Graduates of the Center continue into the tions: Groups Representing Organizations Mr. CONYERS. Madam Speaker, I rise world providing leadership as administrators United for Progress (GROUP); Leadership De- today to pay tribute to my colleague and fellow and faculty in higher education institutions, as velopment Caucus (LDC); Coalition for Com- Michigander, President Gerald R. Ford. I had policymakers in governmental and policy munity Pride and Progress (CCPP); Associa- the privilege of serving alongside then Con- agencies, as heads of professional associa- gressman Ford in the United States House of tion for Restoration of Historic Cemeteries tions, and as researchers in the field. Representatives for nearly a decade, and was Current students at the Center are actively (ARHC); and Co-Chair of the Coalition for able to observe firsthand the character and in- engaged in their academic work which is Preservation of the Virginia School for the tegrity of this ‘‘congressman’s congressman.’’ emiched by their many years of experience at Deaf, Blind and Multi-Disabled at Hampton. Congressman Ford’s exemplary service was liberal arts colleges, State and private univer- On January 14, 2007, the Hampton Roads confirmed by the support of the people of sities and community colleges working as ad- Community will come together and pay tribute Grand Rapids, Michigan, whose love for him missions directors and professionals in finan- to Dr. Christian for her many years of service. endures to this day. As minority leader of this cial aid and faculty and student affairs. Many Proceeds from this tribute event will be used body, President Ford demonstrated the have served in State and Federal Government collegiality and uprightness he would draw agencies and professional higher education to establish the Dr. Mary T. Christian Scholar- upon to lead our Nation through a dark time associations as institutional researchers, policy ship Fund at Hampton University. I would like in our history. analysts and planners. Their experiences at to congratulate Dr. Christian on her distin- I disagreed with some of President Ford’s the Center will allow them to contribute to the guished career of service to the citizens of decisions. Along with most of the American study of higher education in the same out- Hampton Roads and the Commonwealth of public at that time, I disapproved of the way standing manner as their faculty and those Virginia and wish her well in her retirement. he pardoned his predecessor before trial pro- who have graduated before them.

VerDate Aug 31 2005 05:59 Jan 11, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A10JA8.037 E10JAPT1 jcorcoran on PROD1PC62 with REMARKS E70 CONGRESSIONAL RECORD — Extensions of Remarks January 10, 2007 Madam Speaker, this historic event is a MEETINGS SCHEDULED JANUARY 18 source of pride for the University, the State of 9:30 a.m. Michigan, and the field of higher education JANUARY 12 Judiciary study. I ask you and all of my colleagues to 9:30 a.m. To hold an oversight hearing to examine rise and congratulate the Center for the Study Armed Services the Department of Justice. of Higher and Postsecondary Education on its To hold hearings to examine the current SDG–50 50th anniversary and to commend its faculty situation in Iraq; there is a possibility 10 a.m. and students for a job well done. of a closed session in S–407 following Commerce, Science, and Transportation the open session. To hold hearings to examine Federal ef- SH–216 forts for rail and surface transpor- tation security. f JANUARY 16 SR–253 10 a.m. SENATE COMMITTEE MEETINGS Health, Education, Labor, and Pensions JANUARY 23 To hold hearings to examine economic 9:30 a.m. Title IV of Senate Resolution 4, opportunity and security for working Judiciary agreed to by the Senate on February 4, families. To hold hearings to examine challenges 1977, calls for establishment of a sys- SD–430 2 p.m. and strategies for securing the U.S. tem for a computerized schedule of all border. meetings and hearings of Senate com- Judiciary To hold hearings to examine the plight of SD–226 mittees, subcommittees, joint commit- Iraqi refugees. tees, and committees of conference. SD–226 JANUARY 24 This title requires all such committees 10 a.m. to notify the Office of the Senate Daily JANUARY 17 Commerce, Science, and Transportation Digest—designated by the Rules Com- 9:30 a.m. To hold hearings to examine the state of mittee—of the time, place, and purpose Agriculture, Nutrition, and Forestry the airline industry, focusing on the of the meetings, when scheduled, and To hold hearings to examine conserva- potential impact of airline mergers and any cancellations or changes in the tion security program and environ- industry consolidation. meetings as they occur. mental quality incentives program re- SR–253 lating to working land conservation. As an additional procedure along SR–328A FEBRUARY 1 with the computerization of this infor- 10 a.m. mation, the Office of the Senate Daily Commerce, Science, and Transportation 10 a.m. Digest will prepare this information for To hold hearings to examine aviation se- Commerce, Science, and Transportation printing in the Extensions of Remarks curity, focusing on the recommenda- To hold hearings to examine the commu- nications marketplace relating to the section of the CONGRESSIONAL RECORD tions of the 9/11 Commission. FCC. on Monday and Wednesday of each SR–253 Judiciary SR–253 week. To hold hearings to examine paying off Meetings scheduled for Thursday, generics to prevent competition with January 11, 2007 may be found in the brand name drugs. Daily Digest of today’s RECORD. SD–226

VerDate Aug 31 2005 05:59 Jan 11, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\A10JA8.040 E10JAPT1 jcorcoran on PROD1PC62 with REMARKS Wednesday, January 10, 2007 Daily Digest Senate Reid Amendment No. 4 (to Amendment No. 3), Chamber Action to strengthen the gift and travel bans. Page S319 Routine Proceedings, pages S313–S404 DeMint Amendment No. 11 (to Amendment No. Measures Introduced: Twenty-one bills and one 3), to strengthen the earmark reform. Pages S320–21 resolution were introduced, as follows: S. 235–255, DeMint Amendment No. 12 (to Amendment No. and S. Res. 22. Pages S357–58 3), to clarify that earmarks added to a conference re- port that are not considered by the Senate or the Ethics Bill: Senate continued consideration of S. 1, House of Representatives are out of scope. Page S321 to provide greater transparency in the legislative DeMint Amendment No. 13 (to Amendment No. process, taking action on the following amendments 3), to prevent government shutdowns. Page S321 proposed thereto: Pages S319–345 DeMint Amendment No. 14 (to Amendment No. Adopted: 3), to protect individuals from having their money By 93 yeas to 2 nays (Vote No. 2), Vitter Amend- involuntarily collected and used for lobbying by a ment No. 7 (to Amendment No. 3), to amend the labor organization. Pages S321–22 Ethics in Government Act of 1978 to establish Vitter/Inhofe Amendment No. 9 (to Amendment criminal penalties for knowingly and willfully fal- No. 3), to place certain restrictions on the ability of sifying or failing to file or report certain information the spouses of Members of Congress to lobby Con- required to be reported under that Act. gress. Pages S322–23 Pages S324–25 Vitter Amendment No. 10 (to Amendment No. Salazar/Obama Modified Amendment No. 15 (to 3), to increase the penalty for failure to comply with Amendment No. 3), to require Senate committees lobbying disclosure requirements. Page S323 and subcommittees to make available by the Internet Leahy/Pryor Amendment No. 2 (to Amendment a video recording, audio recording, or transcript of No. 3), to give investigators and prosecutors the any meeting not later than 14 business days after the tools they need to combat public corruption. Pages S332–34 meeting occurs. Pages S331–32, S345 Rejected: Gregg Amendment No. 17 (to Amendment No. 3), to establish a legislative line item veto. Vitter Amendment No. 5 (to Amendment No. 3), Pages S336–41, S344–45 to modify the application of the Federal Election A unanimous-consent agreement was reached pro- Campaign Act of 1971 to Indian tribes. (By 56 yeas viding for further consideration of the bill at ap- to 40 nays (Vote No. 3), Senate tabled the amend- proximately 11 a.m., on Thursday, January 11, ment.) Pages S342–44 2007. Page S401 Vitter Amendment No. 6 (to Amendment No. 3), to prohibit authorized committees and leadership Appointments: PACs from employing the spouse or immediate fam- Ticket to Work and Work Incentives Advisory ily members of any candidate or Federal office holder Panel: The Chair, on behalf of the Majority Leader, connected to the committee. (By 54 yeas to 41 nays, after consultation with the Ranking Member of the 1-present (Vote No. 4), Senate tabled the amend- Senate Committee on Finance, pursuant to Public ment.) Pages S341–42, S344 Law 106–170, announced the appointment of the Withdrawn: following individual to serve as a member of the Stevens Amendment No. 16 (to Amendment No. Ticket to Work and Work Incentives Advisory 4), to permit certain travel within State. Panel: David L. Miller of South Dakota. Page S401 Pages S334–36, S344 Board of Regents of the Smithsonian Institu- Pending: tion: The Chair, on behalf of the Vice President, Reid Amendment No. 3, in the nature of a sub- pursuant to the provision of 20 U.S.C., sections 42 stitute. Page S319 and 43, appointed Senator Dodd as a member of the D25

VerDate Aug 31 2005 05:30 Jan 11, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D10JA7.REC D10JAPT1 jcorcoran on PROD1PC62 with DIGEST D26 CONGRESSIONAL RECORD — DAILY DIGEST January 10, 2007 Board of Regents of the Smithsonian Institution, able Energy Alliance, St. John, Washington; Michael vice Senator Frist. Page S401 Pacheco, National Renewable Energy Laboratory, Nominations Received: Senate received the fol- Golden, Colorado; Ron Miller, Aventine Renewable lowing nominations: Energy, LLC, Pekin, Illinois, on behalf of the Re- Bradley Udall, of Colorado, to be a Member of the newable Fuels Association; Roger P. Webb, Georgia Board of Trustees of the Morris K. Udall Scholarship Institute of Technology, Atlanta; Gene Gourley, on and Excellence in National Environmental Policy behalf of the National Pork Producers Council and Foundation for a term expiring October 6, 2012. the Iowa Pork Producers Association, Webster City; P. Robert Fannin, of Arizona, to be Ambassador Loni Kemp, Minnesota Project, Canton; and John to the Dominican Republic. Sellers, Iowa State Soil Conservation Committee, William Raymond Steiger, of Wisconsin, to be Corydon. Ambassador to the Republic of Mozambique. Douglas Menarchik, of Texas, to be an Assistant SOMALIA Administrator of the United States Agency for Inter- Committee on Armed Services: Committee met in closed national Development. session to receive a briefing regarding United States Howard Charles Weizmann, of Maryland, to be military action in Somalia from Theresa Whelan, Deputy Director of the Office of Personnel Manage- Deputy Assistant Secretary of Defense; Janila How- ment. ard, Analyst, East Africa Counter-Terrorism, Defense Routine lists in the Air Force, Army, Foreign Intelligence Agency; and Brigadier General Otis G. Service, Navy. Pages S401–04 Mannon, USAF, Deputy Director for Special Oper- Messages from the House: Page S355 ations, J–3 Operations Directorate, Joint Chiefs of Staff. Measures Read the First Time: Pages S355–56, S401 Petitions and Memorials: Pages S356–57 GEOPOLITICS OF OIL Additional Cosponsors: Pages S358–59 Committee on Energy and Natural Resources: Committee Statements on Introduced Bills/Resolutions: held a hearing to examine global oil supplies and Pages S359–95 what it means for United States economic and na- tional security, focusing on U.S. dependence on im- Additional Statements: Pages S354–55 ported oil, the rapid growth in oil consumption in Amendments Submitted: Pages S395–S400 emerging economies such as China and India and the Notices of Hearings/Meetings: Page S400 impact on U.S. energy security, how political sta- Authorities for Committees to Meet: bility in the Middle East could affect future oil sup- plies, and the implications of recent developments in Pages S400–01 the Russian energy sector for U.S. and global energy Privileges of the Floor: Page S401 security, receiving testimony from General Charles F. Record Votes: Three record votes were taken today. Wald, USAF (Ret.), former Deputy Commander, (Total—4) Pages S324–25, S343–44, S344 United States European Command, Member, Energy Adjournment: Senate convened at 9:30 a.m., and Security Leadership Council, Linda G. Stuntz, adjourned at 6:07 p.m., until 9:30 a.m., on Thurs- Stuntz, Davis, and Staffier, on behalf of the Council day, January 11, 2006. (For Senate’s program, see on Foreign Relations Independent Task Force, Flynt the remarks of the Acting Majority Leader in today’s Leverett, New America Foundation, all of Wash- Record on page S401.) ington, D.C.; Robert D. Hormats, Goldman Sachs (International), New York, New York; and Fatih Birol, International Energy Agency, Paris, France. Committee Meetings Hearing recessed subject to the call. (Committees not listed did not meet) BUSINESS TAX INCENTIVES NATIONAL ENERGY SECURITY Committee on Finance: Committee concluded a hearing Committee on Agriculture, Nutrition, and Forestry: Com- to examine tax incentives for businesses in response mittee concluded a hearing to examine agriculture to a minimum wage increase, after receiving testi- and rural America’s role in enhancing national en- mony from Jared Bernstein, Economic Policy Insti- ergy security, after receiving testimony from Keith tute, Washington, D.C.; Joseph J. Sabia, University Collins, Chief Economist, Department of Agri- of Georgia Department of Housing and Consumer culture; Philip Sharp, Resources for the Future, Economics, Athens; Matthew F. Kadish, Small Busi- Washington, D.C.; J. Read Smith, 25x’25 Renew- ness Council of America, Cleveland, Ohio; Dave

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Ratner, Dave’s Soda and Pet City, Agawam, Massa- Center for Policy Analysis, all of Washington, D.C.; chusetts, on behalf of the National Retail Federation; and Pat Vredevoogd Combs, National Association of and Bruce G. Obenour, Akwen, LTD, Akron, Ohio. Realtors, Grand Rapids, Michigan. IRAQ GOVERNMENT DATA MINING PROGRAMS Committee on Foreign Relations: Committee concluded Committee on the Judiciary: Committee concluded a a hearing to examine securing America’s interests hearing to examine balancing privacy and security, and the current situation in Iraq, after receiving tes- focusing on the privacy implications of government timony from Michael O’Hanlon, Brookings Institu- data mining programs, including proposed legisla- tion, Paul R. Pillar, Georgetown University, and tion to prevent and mitigate identity theft, to ensure Phebe Marr, all of Washington, D.C.; and Yahia Khairi Said, London School of Economics, London, privacy, to provide notice of security breaches, and United Kingdom. to enhance criminal penalties, law enforcement as- sistance, and other protections against security HEALTH CARE COVERAGE breaches, fraudulent access, and misuse of personally Committee on Health, Education, Labor, and Pensions: identifiable information, after receiving testimony Committee concluded a hearing to examine chal- from former Representative Barr; Jim Harper, CATO lenges and opportunities relating to health care for Institute, Leslie Harris, Center for Democracy and all Americans, after receiving testimony from Peter Technology, and James Jay Carafano, Heritage Foun- Meade, Blue Cross Blue Shield of Massachusetts, and dation, all of Washington, DC; and Kim A. Taipale, John McDonough, Health Care for All, both of Bos- Center for Advanced Studies in Science and Tech- ton, Massachusetts; Karen Davis, Commonwealth nology Policy, New York, New York. Fund, New York, New York; Debra Ness, National Partnership for Women and Families, Andy Stern, BUSINESS MEETING Service Employees International Union, Larry Bur- Select Committee on Intelligence: Committee met in ton, Business Roundtable, Peter Harbage, New closed session to consider pending intelligence mat- America Foundation, Joseph R. Antos, American En- ters. terprise Institute, and John C. Goodman, National Committee recessed subject to the call. h House of Representatives and Walberg. Committee on Armed Services: Rep- Chamber Action resentatives Saxton, McHugh, Everett, Bartlett Public Bills and Resolutions Introduced: 39 pub- (MD), McKeon, Thornberry, Jones (NC), Hayes, Cal- lic bills, H.R. 361–399; and 15 resolutions, H. Con. vert, Jo Ann Davis (VA), Akin, Forbes, Miller (FL), Res. 22–29; and H. Res. 45–51 were introduced. Wilson (SC), LoBiondo, Cole (OK), Bishop (UT), Pages H341–43 Turner, Kline, Miller (MI), Gingrey, Rogers (AL), Additional Cosponsors: Pages H343–44 Franks (AZ), Drake, McMorris Rodgers, Conaway, and Davis (KY). Committee on Education and Reports Filed: There were no reports filed today. Labor: Representatives Petri, Hoekstra, Castle, Speaker: Read a letter from the Speaker wherein she Souder, Ehlers, Biggert, Platts, Keller, Wilson (SC), appointed Representative Hastings of Florida to act Kline, Inglis (SC), McMorris Rodgers, Marchant, as Speaker Pro Tempore for today. Page H255 Price (GA), Fortun˜o, Boustany, Foxx, Kuhl (NY), Bishop (UT), David Davis (TN), and Walberg. Com- Committee Elections: The House agreed to H. Res. mittee on Energy and Commerce: Representatives 45, electing the following Members and the Resi- Hall, Hastert, Upton, Stearns, Deal (GA), Whitfield, dent Commissioner of the Minority to serve on cer- Norwood, Cubin, Shimkus, Wilson (NM), Shadegg, tain committees of the House of Representatives: Pickering, Fossella, Buyer, Radanovich, Pitts, Bono, Committee on Agriculture: Representatives Everett, Walden (OR), Terry, Ferguson, Rogers (MI), Lucas, Moran (KS), Hayes, Johnson (IL), Graves, Myrick, Sullivan, Murphy, and Burgess. Committee Bonner, Rogers (AL), King (IA), Musgrave, on Financial Services: Representatives Baker, Pryce Neugebauer, Boustany, Kuhl (NY), Foxx, Conaway, (OH), Castle, King (NY), Royce, Lucas, Paul, Fortenberry, Schmidt, Smith (NE), McCarthy (CA), Gillmor, LaTourette, Manzullo, Jones (NC), Biggert,

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Committee resentatives Burton (IN), Shays, McHugh, Mica, on Education and Labor: Representatives Kildee, Souder, Platts, Cannon, Duncan, Turner, Issa, Payne, Andrews, Scott (VA), Woolsey, Hinojosa, Marchant, Westmoreland, McHenry, Foxx, Bilbray, McCarthy (NY), Tierney, Kucinich, Wu, Holt, and Sali. Committee on Homeland Security: Rep- Davis (CA), Davis (IL), Grijalva, Bishop (NY), Linda resentatives Smith (TX), Shays, Souder, Tom Davis T. Sa´nchez, Sarbanes, Sestak, Loebsack, Hirono, (VA), Daniel E. Lungren (CA), Rogers (AL), Jindal, Altmire, Yarmuth, Hare, Clarke, Courtney, and Reichert, McCaul (TX), Dent, Ginny Brown-Waite Shea-Porter. Page H260 (FL), Blackburn, Bilirakis, and David Davis (TN). Committee on Foreign Affairs: Smith (NJ), Burton Fair Minimum Wage Act of 2007: The House (IN), Gallegly, Rohrabacher, Royce, Chabot, Man- passed H.R. 2, to amend the Fair Labor Standards zullo, Tancredo, Paul, Flake, Jo Ann Davis (VA), Act of 1938 to provide for an increase in the Federal Pence, McCotter, Wilson (SC), Boozman, Barrett minimum wage by a Recorded vote of 315 ayes to (SC), Mack, Fortenberry, McCaul (TX), Poe, Inglis 116 noes, Roll No. 18. Pages H260–88, H289–H308 (SC), and Fortun˜o. Committee on the Judiciary: Sen- Point of Order sustained against: senbrenner, Coble, Gallegly, Goodlatte, Chabot, McKeon motion to recommit the bill to the Com- Daniel E. Lungren (CA), Cannon, Keller, Issa, Pence, mittee on Education and Labor with instructions to Forbes, King (IA), Feeney, Franks (AZ), Gohmert, report the same back to the House forthwith with and Jordan. Committee on Natural Resources: Rep- amendments. Pages H298–H305 resentatives Saxton, Gallegly, Duncan, Gilchrest, Agreed to table the McKeon motion to appeal the Calvert, Cannon, Tancredo, Flake, Renzi, Pearce, ruling of the Chair by a Yea-and-Nay vote of 232 Brown (SC), Fortun˜o, McMorris Rodgers, Jindal, yeas to 197 nays, Roll No. 16. Pages H305–06 Gohmert, Cole (OK), Bishop (UT), Shuster, Heller Rejected the second McKeon motion to recommit (NV), Sali, and Lamborn. Committee on Science and the bill to the Committee on Education and Labor Technology: Sensenbrenner, Smith (TX), Rohr- with instructions to report the same back to the abacher, Calvert, Bartlett (MD), Ehlers, Lucas, House forthwith with an amendment, by a Recorded Biggert, Akin, Bonner, Feeney, Neugebauer, Inglis vote of 144 ayes to 287 noes, Roll No. 17. (SC), McCaul (TX), Mario Diaz-Balart (FL), Gingrey, Pages H306–08 Bilbray, and Smith (NE). Committee on Small Busi- Title V of H. Res. 6, the portion of the rule pro- ness: Representatives Bartlett (MD), Graves, Akin, viding for consideration of the bill, was agreed to on Shuster, Musgrave, King (IA), Fortenberry, West- Friday, January 5. moreland, Gohmert, Heller (NV), David Davis (TN), Recess: The House recessed at 2:05 p.m. and recon- Fallin, Buchanan, and Jordan. Committee on Trans- vened at 3:51 p.m. Page H289 portation and Infrastructure: Representatives Young (AK), Petri, Coble, Duncan, Gilchrest, Ehlers, Suspension: Further proceedings on the following LaTourette, Baker, LoBiondo, Moran (KS), Gary G. measure were postponed until Thursday, January 11: Miller (CA), Hayes, Brown (SC), Johnson (IL), Platts, Mourning the passing of President Gerald Ru- Graves, Shuster, Boozman, Gerlach, Mario Diaz- dolph Ford and celebrating his leadership and Balart (FL), Marchant, Dent, Poe, Reichert, Mack, service to the people of the United States: H. Res. Kuhl (NY), Westmoreland, Boustany, Schmidt, Mil- 15, amended, to mourn the passing of President ler (MI), Drake, Fallin, and Buchanan. Committee Gerald Rudolph Ford and celebrate his leadership on Veterans Affairs: Representatives Stearns, Burton and service to the people of the United States. (IN), Moran (KS), Baker, Brown (SC), Miller (FL), Page H308 Boozman, Ginny Brown-Waite (FL), Turner, Bilbray, Committee Elections: The House agreed to H. Res. Lamborn, and Bilirakis. Pages H259–60, H289 47, electing the following Members and Delegate of Committee Elections: The House agreed to H. Res. the Majority to serve on a certain standing com- 46, electing the following Members and Delegate of mittee of the House of Representatives: Committee the Majority to serve on certain standing committees on Transportation and Infrastructure: Representatives of the House of Representatives: Committee on Rahall, DeFazio, Costello, Norton, Nadler, Corrine Armed Services: Representatives Spratt, Ortiz, Tay- Brown (FL), Filner, Eddie Bernice Johnson (TX), lor, Abercrombie, Meehan, Reyes, Snyder, Smith Taylor, Millender-McDonald, Cummings, Tauscher,

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, January 11 10 a.m., Thursday, January 11

Senate Chamber House Chamber Program for Thursday: After the transaction of morn- Program for Thursday: Consideration of H.R. 3—Ex- ing business (not to extend beyond 90 minutes), Senate panding Stem Cell Research. will continue consideration of S. 1, Ethics Bill.

Extensions of Remarks, as inserted in this issue

HOUSE Hobson, David L., Ohio, E65 Poe, Ted, Tex., E68 Kildee, Dale E., Mich., E63 Rangel, Charles B., N.Y., E59, E61 Bonner, Jo, Ala., E59, E60 Lipinski, Daniel, Ill., E60 Scott, Robert C. ‘‘Bobby’’, Va., E68 Brown, Henry E., Jr., S.C., E64 Marchant, Kenny, Tex., E63, E64 Stark, Fortney Pete, Calif., E67 Cole, Tom, Okla., E64 Miller, Gary G., Calif., E65 Sullivan, John, Okla., E63, E66 Conyers, John, Jr., Mich., E69 Musgrave, Marilyn N., Colo., E66 Davis, Tom, Va., E59 Norton, Eleanor Holmes, D.C., E68 Visclosky, Peter J., Ind., E67 Dingell, John D., Mich., E69 Norwood, Charlie, Ga., E63, E64, E66, E67 Weiner, Anthony D., N.Y., E62 Farr, Sam, Calif., E69 Nunes, Devin, Calif., E66 Woolsey, Lynn C., Calif., E65 Graves, Sam, Mo., E62, E63, E63, E64, E64, E66, E67, Pastor, Ed, Ariz., E66 E68, E68 Pelosi, Nancy, Calif., E61

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