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, MONDAY, OCTOBER 22, 2007 No. 160 House of Representatives The House met at 12:30 p.m. and was PRAYER for 1 minute and to revise and extend called to order by the Speaker pro tem- The Chaplain, the Reverend Daniel P. her remarks.) pore (Mr. MCGOVERN). Coughlin, offered the following prayer: Mrs. CHRISTENSEN. Mr. Speaker, I f This weekend, Lord, made it possible rise today to welcome the 26 men and to draw in deeply the fresh breath of women of the 786th Quartermaster Bat- DESIGNATION OF SPEAKER PRO autumn’s air and notice the slight hesi- talion led by battalion commander TEMPORE tancy in the season’s coloring. LTC Michael McDonald back home to The SPEAKER pro tempore laid be- Let Your grace now burst forth upon the Virgin Islands. It was an emotional fore the House the following commu- this Nation. Set us on fire with com- homecoming yesterday after 14 long nication from the Speaker: passionate love and a zeal for justice. months, as all honored the memory of With violence, oppression, poverty WASHINGTON, DC, McDonald’s cousin, LTC David October 22, 2007. and unfaithfulness all around us, we Canegata III, and MSG Floyd Lake, I hereby appoint the Honorable JAMES P. cannot, we will not lose sight of Your who died when their Black Hawk heli- MCGOVERN to act as Speaker pro tempore on kingdom and its values. Enkindle with- copter was shot down in Iraq in Janu- this day. in government and the people of this ary. Just last week I joined the fami- NANCY PELOSI, Nation a deep desire for what are last- lies at the interment in Arlington Cem- Speaker of the House of Representatives. ing values and for what leads to the etery of the commingled remains of the f common good of us all. 12 men and women who were lost that Shake from us weak commitments day. MORNING-HOUR DEBATE and indifference that, as Your people, MSG Hillis Benjamin, speaking for The SPEAKER pro tempore. Pursu- we may prove ourselves as colorful as her fellow soldiers, summed up that ant to the order of the House of Janu- the picturesque forest in sowing seeds running the base in Taji and making ary 4, 2007, the Chair will now recog- of freedom and giving You glory now sure the troops were fully supplied had nize Members from lists submitted by and forever. Amen. been a long, hard deployment for the the majority and minority leaders for f battalion, and Commander McDonald morning-hour debate. THE JOURNAL thanked the soldiers for their ‘‘profes- The Chair will alternate recognition sionalism, commitment and patriot- The SPEAKER pro tempore. The between the parties, with each party ism,’’ attributing their success to their Chair has examined the Journal of the limited to 30 minutes and each Mem- working together as a strong team. last day’s proceedings and announces ber, other than the majority and mi- Mr. Speaker, I join my community in to the House his approval thereof. nority leaders and the minority whip, thanking God for their safe return and Pursuant to clause 1, rule I, the Jour- limited to 5 minutes. pray for the safe return of all of the nal stands approved. f members of the VI National Guard and f all the other brave men and women RECESS PLEDGE OF ALLEGIANCE who are serving today in Iraq and Af- The SPEAKER pro tempore. Pursu- The SPEAKER pro tempore. Will the ghanistan. ant to clause 12(a) of rule I, the Chair gentleman from New Jersey (Mr. In fact, Mr. Speaker, it is time to declares the House in recess until 2 PASCRELL) come forward and lead the begin to bring all of the troops in Iraq p.m. today. House in the Pledge of Allegiance. home. Accordingly (at 12 o’clock and 31 Mr. PASCRELL led the Pledge of Al- f minutes p.m.), the House stood in re- legiance as follows: CONGRATULATING LOUISIANA cess until 2 p.m. I pledge allegiance to the Flag of the GOVERNOR-ELECT BOBBY JINDAL f United States of America, and to the Repub- lic for which it stands, one nation under God, (Mr. WILSON of South Carolina b 1400 indivisible, with liberty and justice for all. asked and was given permission to ad- f dress the House for 1 minute and to re- AFTER RECESS vise and extend his remarks.) GRATITUDE FOR THE VIRGIN The recess having expired, the House Mr. WILSON of South Carolina. Mr. ISLANDS NATIONAL GUARD was called to order by the Speaker pro Speaker, I rise today to congratulate tempore (Mr. JACKSON of Illinois) at 2 (Mrs. CHRISTENSEN asked and was our colleague, BOBBY JINDAL, who on p.m. given permission to address the House Saturday was elected to serve as the

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

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VerDate Aug 31 2005 04:20 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A22OC7.000 H22OCPT1 hmoore on PRODPC68 with HMHOUSE H11780 CONGRESSIONAL RECORD — HOUSE October 22, 2007 next Governor for the State of Lou- With best wishes, I am, or by misusing public authority, war- isiana. Republican Governor-elect Sincerely, rant an expansion of the existing sanc- JINDAL successfully defeated 11 oppo- LORRAINE C. MILLER, tions. nents to become the youngest sitting Clerk of the House. The order incorporates existing des- Governor in America. f ignation criteria set forth in Executive The son of immigrants, BOBBY has COMMUNICATION FROM THE Order 13310, authorizing the Secretary built a reputation as a hard worker and CLERK OF THE HOUSE of the Treasury, after consultation dedicated public servant. As a fellow with the Secretary of State, to des- Member of Congress, I have had the op- The SPEAKER pro tempore laid be- ignate any person determined to be a fore the House the following commu- portunity to work with BOBBY. I know senior official of the Government of from his representation here in Wash- nication from the Clerk of the House of Burma, the State Peace and Develop- ington and his years of service to the Representatives: ment council of Burma, the Union Soli- OFFICE OF THE CLERK, citizens of his State that the people of darity and Development Association of HOUSE OF REPRESENTATIVES, Burma, or any successor entity to any Louisiana have elected a strong leader. Washington, DC, October 19, 2007. I want to congratulate BOBBY; his Hon. NANCY PELOSI, of the foregoing. The order blocks the wife, Supriya; his dedicated staff; and Speaker, House of Representatives, property and interests in property in his entire family for this wonderful Washington, DC. the United States of persons listed in victory. As Republican cochair of the DEAR MADAM SPEAKER: Pursuant to the the Annex to the order and provides ad- Congressional Caucus on India and In- permission granted in Clause 2(h) of Rule II ditional criteria for designations of dian Americans and a strong supporter of the Rules of the U.S. House of Representa- persons determined by the Secretary of tives, I have the honor to transmit a sealed the Treasury, after consultation with of the Indian American community, I envelope received from the White House on am grateful for BOBBY’s success and the Secretary of State, to be respon- October 19, 2007, at 2:41 p.m. and said to con- sible for, or to have participated in, praise him for being the first Indian- tain a message from the President whereby American Governor in our Nation’s his- he submits to the Congress an Executive human rights abuses related to polit- tory. Order, with an annex attached, he has issued ical repression in Burma; to be en- In conclusion, God bless our troops, with respect to Burma. gaged, or to have engaged, in activities and we will never forget September the With best wishes, I am, facilitating public corruption by senior 11th. Sincerely, officials of the Government of Burma; LORRAINE C. MILLER, to have materially assisted, sponsored, f Clerk of the House. or provided financial, material, COMMUNICATION FROM THE f logistical, or technical support for, or CLERK OF THE HOUSE BLOCKING PROPERTY AND PRO- goods or services in support of, the The SPEAKER pro tempore laid be- HIBITING CERTAIN TRANS- Government of Burma, the State Peace and Development Council of Burma, fore the House the following commu- ACTIONS RELATED TO BURMA— the Union Solidarity and Development nication from the Clerk of the House of MESSAGE FROM THE PRESIDENT Association of Burma, any successor Representatives: OF THE UNITED STATES (H. DOC. entity to any of the foregoing, any sen- OFFICE OF THE CLERK, NO. 110–66) HOUSE OF REPRESENTATIVES, ior official of any of the foregoing, or Washington, DC, October 18, 2007. The SPEAKER pro tempore laid be- any person whose property and inter- Hon. NANCY PELOSI, fore the House the following message ests in property are blocked pursuant Speaker, House of Representatives, from the President of the United to Executive Order 13310 or section Washington, DC. States; which was read and, together 1(b)(i)–(v) of the order; to be owned or DEAR MADAM SPEAKER: Pursuant to the with the accompanying papers, without controlled by, or to have acted or pur- permission granted in Clause 2(h) of Rule II objection, referred to the Committee ported to act for or on behalf of, di- of the Rules of the U.S. House of Representa- on Foreign Affairs and ordered to be tives, the Clerk received the following mes- rectly or indirectly, any person whose sage from the Secretary of the Senate on Oc- printed: property and interests in property are tober 18, 2007, at 5:53 p.m.: To the Congress of the United States: blocked pursuant to Executive Order That the Senate agreed to H. Con. Res. 182. Pursuant to the International Emer- 13310 or section 1(b)(i)–(v) of the order; That the Senate passed with an amend- gency Economic Powers Act (50 U.S.C. or to be a spouse or dependent child of ment and requests a conference with the 1701 et seq.) (IEEPA), I hereby report any person whose property and inter- House, appoints conferees, H.R. 3093. that I have issued an Executive Order ests in property are blocked pursuant With best wishes, I am, to the order or Executive Order 13310. Sincerely, (the ‘‘Order’’) that expands the scope of the national emergency declared in Ex- The order leaves in place the existing LORRAINE C. MILLER, prohibitions on new investment, the Clerk of the House. ecutive Order 13047 of May 20, 1997, and exportation or reexportation to Burma f takes additional steps with respect to that national emergency. of financial services, and the importa- COMMUNICATION FROM THE In 1997, the United States put in tion of any article that is a product of CLERK OF THE HOUSE place a prohibition on new investment Burma, which were put into effect in The SPEAKER pro tempore laid be- in Burma in response to the Govern- Executive Order 13047 and Executive fore the House the following commu- ment of Burma’s large-scale repression Order 13310. I delegated to the Secretary of the nication from the Clerk of the House of of the democratic opposition in that Treasury, after consultation with the Representatives: country. On July 28, 2003, those sanc- Secretary of State, the authority to OFFICE OF THE CLERK, tions were expanded by steps taken in take such actions, including the pro- HOUSE OF REPRESENTATIVES, Executive Order 13310, which contained mulgation of rules and regulations, and Washington, DC, October 19, 2007. prohibitions implementing sections 3 to employ all powers granted to the Hon. NANCY PELOSI, and 4 of the Burmese Freedom and De- Speaker, House of Representatives, President by IEEPA and section 4 of mocracy Act of 2003 (Public Law 108–61) Washington, DC. the Burmese Freedom and Democracy and supplemented that Act with addi- DEAR MADAM SPEAKER: Pursuant to the Act of 2003 as may be necessary to permission granted in Clause 2(h) of Rule II tional restrictions. I have now deter- carry out the purposes of the order. of the Rules of the U.S. House of Representa- mined that the Government of Burma’s I am enclosing a copy of the Execu- tives, the Clerk received the following mes- continued repression of the democratic tive Order I have issued. sage from the Secretary of the Senate on Oc- opposition in Burma, manifested most tober 19, 2007, at 9:39 a.m.: GEORGE W. BUSH. recently in the violent response to THE WHITE HOUSE, October 18, 2007. That the Senate agreed to H. Con. Res. 222. peaceful demonstrations, the commis- That the Senate passed without amend- f sion of human rights abuses related to ment H.R. 1284. IMMIGRATION That the Senate agreed to S. Con. Res. 51. political repression, and engagement in That the Senate passed S. 2206. public corruption, including by divert- (Mrs. BLACKBURN asked and was That the Senate passed S. 1839. ing or misusing Burmese public assets given permission to address the House

VerDate Aug 31 2005 00:51 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K22OC7.004 H22OCPT1 hmoore on PRODPC68 with HMHOUSE October 22, 2007 CONGRESSIONAL RECORD — HOUSE H11781 for 1 minute and to revise and extend will postpone further proceedings generations certain historical, cultural, and her remarks.) today on motions to suspend the rules natural resources associated with the Great Mrs. BLACKBURN. Mr. Speaker, the on which a recorded vote or the yeas Falls National Historic District, there is estab- issue we hear of regularly is national and nays are ordered, or on which the lished in the city of Paterson in the county of Passaic in the State of New Jersey the Paterson security, from Tehran to Turkey, back vote is objected to under clause 6 of Great Falls National Historical Park as a unit to the local community: How does it rule XX. of the National Park System. impact me? That is what our constitu- Record votes on postponed questions (b) BOUNDARIES.—The park shall consist of ents are asking. They are concerned will be taken after 6:30 p.m. today. approximately 109 acres as generally depicted on about security from the national and f the map titled ‘‘Paterson Great Falls National the local level. I think many of them Historical Park—Proposed Boundary’’, num- PATERSON GREAT FALLS NA- are frustrated that those of us in Con- bered T03/80,000, and dated June 2007. The map TIONAL HISTORICAL PARK ACT gress haven’t done anything to address shall be on file and available for public inspec- OF 2007 tion in the appropriate offices of the National the criminal illegal alien situation. Park Service and the city of Paterson. I want to let the body know last Mr. GRIJALVA. Mr. Speaker, I move to suspend the rules and pass the bill SEC. 5. ADMINISTRATION. week the Board of Supervisors in (a) IN GENERAL.—The park shall be adminis- Prince William County, Virginia, took (H.R. 189) to establish the Paterson tered by the Secretary in accordance with this a stand by unanimously approving a Great Falls National Park in the State Act and the provisions of law generally applica- tough local crackdown on illegal immi- of New Jersey, as amended. ble to units of the National Park System, includ- grants. They are doing it to make their The Clerk read the title of the bill. ing the Act of August 25, 1916 (16 U.S.C. 1–4) community a safer place. It denies The text of the bill is as follows: and the Act of August 21, 1935 (16 U.S.C. 461– some county services to illegal immi- H.R. 189 467). (b) STATE AND LOCAL JURISDICTION.—Nothing Be it enacted by the Senate and House of Rep- grants and adds to enforcement powers in this section shall be construed to diminish, resentatives of the United States of America in already available to cops on the beat. enlarge, or modify any right of the State of New Congress assembled, We can do the same thing at the Fed- Jersey or any political subdivision thereof, to ex- eral level with the bipartisan CLEAR SECTION 1. SHORT TITLE. ercise civil and criminal jurisdiction or to carry Act, which I introduced last month. It This Act may be cited as the ‘‘Paterson Great out State laws, rules, and regulations within the would get dangerous criminal aliens off Falls National Historical Park Act of 2007’’. park. the streets and require the Department SEC. 2. FINDINGS AND PURPOSES. (c) COOPERATIVE AGREEMENTS.— of Homeland Security to pick them up (a) FINDINGS.—Congress finds the following: (1) IN GENERAL.—In furtherance of the pur- (1) The Great Falls Historic District in poses of this Act, the Secretary is authorized, within 48 hours. Paterson, New Jersey, is the site that Alexander after consultation with the Commission, to enter It is H.R. 3494, the CLEAR Act. I Hamilton selected to implement his vision of into cooperative agreements with the owners of would encourage my colleagues to co- American economic independence and transform properties of natural, historical, or cultural sig- sponsor this bill and do what the a rural agrarian society based on slavery into a nificance within the park, pursuant to which Prince William supervisors have done: global economy based on freedom. agreements the Secretary may mark, interpret, put citizen safety first. (2) The Great Falls Historic District was des- restore, and provide technical assistance for the ignated as a National Historic Landmark in 1976 preservation of such properties and pursuant to f and President Gerald Ford declared it ‘‘a symbol which the Secretary may provide assistance, in- SCHIP—POOR KIDS FIRST of the industrial might which helps to make cluding management services and program im- America the most powerful nation in the (Mr. PRICE of Georgia asked and was plementation. world’’. (2) RIGHT OF ACCESS.—Each cooperative given permission to address the House (3) Section 510 of Public Law 104–333 estab- agreement shall provide that the Secretary, for 1 minute.) lished the Great Falls Historic District to recog- through the National Park Service, shall have Mr. PRICE of Georgia. Mr. Speaker, nize the contribution to our national heritage of the right of access at all reasonable times to all today I call on the Speaker to open up certain historical, cultural, and natural re- public portions of the property covered by the a positive dialogue with Republicans to sources of the historic district. agreement for the purpose of conducting visitors find SCHIP solutions that put poor (4) Exceptional natural and cultural resources through such properties and interpreting them kids first. House Democrats have make the Great Falls Historic District America’s to the public. only National Historic District that contains wrapped their expansion of bureau- (3) ALTERATION OF PROPERTIES.—Each cooper- both a National Historic Landmark and a Na- ative agreement shall provide that no changes cratic Washington-run health care in tional Natural Landmark. or alterations shall be made in the property cov- so much deception and political the- (5) Pierre L’Enfant’s water power system at ered by the agreement except by mutual agree- ater that they have lost focus of what the Great Falls and the buildings erected ment between the Secretary and the other party SCHIP is really all about, helping un- around it over two centuries constitute the fin- to the agreement. derprivileged kids. But as a recent Gal- est and most extensive remaining example of en- (d) USE OF FEDERAL FUNDS.— lup poll has shown, American people gineering, planning and architectural works (1) CONVERSION, USE, OR DISPOSAL OF now see through this insincere ploy that span the entire period of America’s growth PROJECTS.—Any payment made by the Secretary into an industrial power. and support keeping SCHIP rightfully pursuant to a cooperative agreement under this (b) PURPOSES.—The purposes of this Act are— section shall be subject to an agreement that focused on poor children. (1) to establish a unit of the National Park conversion, use, or disposal of a project so as- It is unacceptable for the majority to System in Paterson, New Jersey, consisting of sisted for purposes contrary to the purposes of continue exploiting the neediest of the Great Falls Historic District; and this Act, as determined by the Secretary, shall children in pursuit of an ideological (2) to foster activities among Federal, State, result in the right of the United States to reim- agenda controlling health care deci- and local governments, non-profit organiza- bursement of all funds made available to the sions. This charade has gone on long tions, and private donors to preserve, enhance, project or the portion of the increased value of enough, and the American people want interpret, and promote the cultural sites, his- the project attributable to such funds as deter- toric structures, and natural beauty of the solutions, not these political games. If mined at the time of such conversion, use, or Great Falls Historic District for the benefit of disposal, whichever is greater. Democrat leaders truly want to help present and future generations. (2) MATCHING FUNDS.—As a condition of ex- needy children, now is the time to sup- SEC. 3. DEFINITIONS. pending any funds appropriated to the Sec- port a plan that reflects the original For the purposes of this Act, the following retary for the purposes of cooperative agree- bipartisan intent of the program and definitions apply: ments under this section, the Secretary shall re- the views of the American people. A (1) PARK.—The term ‘‘park’’ means the quire that such expenditure must be matched by positive solution will put poor kids Paterson Great Falls National Historical Park expenditure of an equal amount of funds pro- first and promote the purchase of per- established in section 4. vided by non-Federal sources. sonal health care for all Americans. (2) SECRETARY.—The term ‘‘Secretary’’ means (3) DONATIONS.—With the approval of the Sec- retary, any donation of property, goods, or serv- H.R. 3888 is such a bill. the Secretary of the Interior. (3) COMMISSION.—The term ‘‘Commission’’ ices from a non-Federal source may be consid- f means the Paterson Great Falls National Histor- ered as a contribution of funds from a non-fed- ANNOUNCEMENT BY THE SPEAKER ical Park Commission established in section 7. eral source for purposes of this section. PRO TEMPORE SEC. 4. PATERSON GREAT FALLS NATIONAL HIS- SEC. 6. GENERAL MANAGEMENT PLAN. TORICAL PARK. Not later than 3 complete fiscal years after the The SPEAKER pro tempore. Pursu- (a) ESTABLISHMENT.—In order to preserve and date funds are made available for this purpose, ant to clause 8 of rule XX, the Chair interpret for the benefit of present and future the Secretary shall prepare, in consultation

VerDate Aug 31 2005 00:51 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00003 Fmt 7634 Sfmt 6333 E:\CR\FM\K22OC7.008 H22OCPT1 hmoore on PRODPC68 with HMHOUSE H11782 CONGRESSIONAL RECORD — HOUSE October 22, 2007 with the Commission, and transmit to the Com- boundaries of the park from willing sellers only mittee, but not subcommittee, mark- mittee on Natural Resources of the House of by donation, purchase with donated or appro- up, several issues have gone unre- Representatives and the Committee on Energy priated funds, or exchange. solved. The National Park Service con- and Natural Resources of the Senate a general (b) STATE PROPERTY.—Land or interests in ducted a study as requested by this management plan for the park in accordance land owned by the State of New Jersey or any with the provisions of section 12(b) of the Act of political subdivision of the State may be ac- body to determine whether the Great August 18, 1970 (16 U.S.C. 1a–7(b)), popularly quired only by donation. Falls Historic District in Paterson, known as the National Park System General SEC. 9. HINCHLIFFE STADIUM. New Jersey, should become a national Authorities Act, and other applicable law. Not later than three years after the date of park. The study concluded that the SEC. 7. PATERSON GREAT FALLS NATIONAL HIS- the enactment of this Act, the Secretary shall area did not meet the criteria for inclu- TORICAL PARK COMMISSION. complete a study regarding the preservation and sion in the National Park System. (a) ESTABLISHMENT.—There is hereby estab- interpretation of Hinchliffe Stadium as listed on Now, if we entrust the National Park lished the Paterson Great Falls National Histor- the National Register of Historic Places. The Service with the management of our ical Park Commission whose purpose shall be to study shall include an assessment of the poten- own crown jewels, then why are we ig- assist and advise the Secretary in the develop- tial for listing as a National Historic Landmark noring their expert judgment that this ment and implementation of the general man- as well as options for maintaining the historic agement plan for the park. integrity of the stadium. should not be a national park? I remind (b) MEMBERSHIP.— SEC. 10. AUTHORIZATION OF APPROPRIATIONS. my colleagues that we requested the (1) APPOINTMENTS.—The Commission shall be There are authorized to be appropriated such park service to tell us what should be composed of 9 members appointed by the Sec- sums as may be necessary to carry out this Act. done here. retary, of whom— I recognize also it is our responsi- (A) 4 members shall be from nominees sub- The SPEAKER pro tempore. Pursu- ant to the rule, the gentleman from Ar- bility and our right as the legislative mitted by the Governor of the State of New Jer- branch to decide what will become a sey; izona (Mr. GRIJALVA) and the gen- national park regardless of what the (B) 2 members shall be from nominees sub- tleman from Texas (Mr. GOHMERT) each mitted by the City Council of Paterson; will control 20 minutes. park service tells us. There are times (C) 1 member shall be from nominees submitted The Chair recognizes the gentleman when it is necessary to disagree with by the Board of Chosen Freeholders of Passaic from Arizona. them. However, in this case, we do not County, New Jersey; and even know what the costs are. We don’t GENERAL LEAVE (D) 2 members shall be qualified to serve on know, nor does the park service have the Commission because of their familiarity with Mr. GRIJALVA. Mr. Speaker, I ask any idea, how it would manage the national parks and historic preservation. unanimous consent that all Members area. That is what we asked them to (2) CHAIRPERSON; VICE CHAIRPERSON.—The have 5 legislative days to revise and ex- Commission shall elect one of its members as tell us and they are not in a position to tend their remarks and include extra- do that at this time. Chairperson and one as Vice Chairperson. The neous material on the bill under con- Vice Chairperson shall serve as chairperson in Now, the park service has already got the absence of the Chairperson. sideration. a full plate and a billion dollar mainte- (3) VACANCIES.—A vacancy in the Commission The SPEAKER pro tempore. Is there nance backlog. They are not even keep- shall be filled in the same manner in which the objection to the request of the gen- ing up with and taking care of the original appointment was made. tleman from Arizona? parks that have been entrusted to (4) TERMS.—Terms of service are as follows: There was no objection. them. So is this really the time to add (A) The term of office of the Chairperson and Mr. GRIJALVA. Mr. Speaker, soon Vice Chairperson shall be one year. another park that doesn’t meet the cri- after the Revolutionary War, Alex- teria to add to this burden with this (B) Members of the Commission shall serve for ander Hamilton selected the area terms of 3 years and may be reappointed not designation? more than once. around the Great Falls of the Passaic Mr. Speaker, I reserve the balance of (C) A member may serve after the expiration River as a site for the first planned in- my time. of his or her term until a successor has been ap- dustrial center in America. Hamilton, pointed. then Secretary of the Treasury, invited b 1415 (5) TIMELINE FOR APPOINTMENTS.—The Sec- Pierre L’Enfant to design the city in Mr. GRIJALVA. Mr. Speaker, at this retary shall appoint the first members of the 1791. The result was the City of time I yield such time as he may con- Commission not later than 30 days after the date Paterson, New Jersey, which became sume to the gentlemen from New Jer- on which the Secretary has received all of the one of the most important manufac- recommendations for appointment pursuant to sey (Mr. PASCRELL), the sponsor of the paragraph (1). turing centers in America during the legislation. (c) COMPENSATION.—Members of the Commis- Industrial Revolution. President Ger- Mr. PASCRELL. Mr. Speaker, I am sion shall serve without pay, but while away ald Ford designated the Great Falls proud to rise today in strong support of from their homes or regular places of business in Historic District as a national historic the passage of the Paterson Great Falls the performance of services for the Commission, landmark in 1976. The 104th Congress National Park Act, H.R. 189. I want to members shall be allowed travel expenses, in- established an historic district and au- extend my deepest gratitude to the cluding per diem in lieu of subsistence, in the thorized the restoration, preservation, Speaker, Chairman RAHALL and Chair- same manner as persons employed intermittently and interpretive program for the area. man GRIJALVA for their tireless work in the Government service are allowed expenses under section 5703 of title 5, United States Code. H.R. 189, sponsored by our colleague, in bringing this worthy legislation to (d) MEETINGS.—The Commission shall meet at Representative BILL PASCRELL, the the floor. I want to thank all the mem- the call of the Chairperson or a majority of its former mayor of Paterson, designates bers of the New Jersey delegation, members. the historic district as a National His- Democrats and Republicans. All of (e) QUORUM.—A majority of the Commission toric Park and a unit of the National them endorsed this legislation. shall constitute a quorum. Park System. This bill contains stand- As a lifelong Paterson resident, as (f) STAFF.—The Secretary shall provide the ard management language for NPS the city’s former mayor, I fought for Commission with such staff and technical assist- units. many years to bring recognition to this ance as the Secretary, after consultation with the Commission, considers appropriate to enable This is a unique area and will make site that has played such a seminal the Commission to carry out its duties. The Sec- an excellent addition to our National role in American history. The National retary may accept the services of personnel de- Park System. Representative Historic Park is the only way to prop- tailed from the State of New Jersey, any polit- PASCRELL is to be commended for his erly showcase the significant cultural ical subdivision of the State or any entity rep- tireless efforts on behalf of the legisla- and historic landmarks and natural resented on the Commission. tion and the city and the people of beauty that the Great Falls Historic (g) EXEMPTION.—Section 14(b) of the Federal Paterson. We urge the adoption of this Park District has to offer. This legisla- Advisory Committee Act (5 U.S.C. App.) shall bill by the House today. tion ensures that it will get the rec- not apply to the Commission. (h) TERMINATION.—The Commission shall ter- Mr. Speaker, I reserve the balance of ognition and support that it richly de- minate 10 years after the date of the enactment my time. serves. of this Act. Mr. GOHMERT. Mr. Speaker, I yield Mr. Speaker, 15 miles west of New SEC. 8. ACQUISITION OF LAND. myself such time as I may consume. York City, the Great Falls was the sec- (a) GENERAL AUTHORITY.—The Secretary may Mr. Speaker, while H.R. 189 went ond largest waterfall in Colonial Amer- acquire land or interests in land within the through both a hearing and a full com- ica. At the Great Falls, Alexander

VerDate Aug 31 2005 00:51 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\A22OC7.002 H22OCPT1 hmoore on PRODPC68 with HMHOUSE October 22, 2007 CONGRESSIONAL RECORD — HOUSE H11783 Hamilton conceived a plan to harness Mr. Speaker, this legislation enjoys are thousands and thousands of won- the force of water to power the new in- bipartisan and widespread support. It is derfully historic significant pieces of dustries that would secure our eco- cosponsored by every member of the property. No one, I would hope, would nomic independence. He told the Con- New Jersey congressional delegation. dare say that this area was not signifi- gress of the United States and the National conservation and historic or- cant. It is quite significant. American people that at the Great ganizations, our Nation’s most re- Mr. Speaker, I yield such time as he Falls he would begin to implement his nowned Hamiltonian scholars and dis- may consume to my friend from Geor- ambitious strategy to transform an ag- tinguished professors throughout gia (Mr. PRICE). ricultural society, dependent upon America have documented that this Mr. PRICE of Georgia. I thank my slavery, into a modern economy based historic district is worthy of National friend from Texas for yielding. on freedom. Historic Park designation. When the Mr. Speaker, I appreciate the passion How dare anyone imply that this is park service says it is not worthy be- of the gentleman from New Jersey. I not significant. It was the power of the cause we have other places, they were share his passion for national parks, Great Falls. True to Hamilton’s vision, even against Lowell, Massachusetts. and I am sure that this area is a beau- Paterson became a great manufac- They didn’t support Lowell, Massachu- tiful and a wonderful area. As such, it turing city. It produced the Colt Re- setts either. has already been designated as a Na- volver; the first submarine, John Hol- This has to do with urban parks. This tional Historic District, which makes land, 1878; the aircraft engine for the has to do with how we became the it eligible for about $3 million in fund- first transatlantic flight; more loco- country we are today. Editorial boards, ing. motives than any city in the United Federal, State, local officials and com- I would point out, as my friend from States; more silk than any city in the munity groups have also endorsed the Texas said, that it is the National Park world. This is not significant, Mr. campaign to create a National Park Service that said it didn’t meet the cri- Speaker? Cotton sails for the U.S. Service unit. Today, on page 3, U.S. teria, not us. I am pleased, though, to Navy early in the 19th century. News, a full page on the Paterson Falls hear from my friend from New Jersey Mr. Speaker, scholars have concluded and two other places in the United that, in fact, the partnership with the that Pierre L’Enfant’s innovative States, where that historic district, State will be ongoing. I had understood water power system in Paterson and where the park service was able to in that the State of New Jersey had not many factories built later constitute partnership with the locality, with the agreed to provide matching funds. I the finest remaining collection of engi- State, to bring economic opportunity. wonder if the gentleman might be able neering and architectural structures It is important to note, Mr. Speaker, to clarify that. representing each stage of America’s that this park will be run as a partner- Mr. PASCRELL. Mr. Speaker, will progress from a weak agrarian society ship between the State of New Jersey the gentleman yield? to the leader in the global economy. and the Federal Government, as they Mr. PRICE of Georgia. I yield to the The Great Falls Historic District is already have a State park designated gentleman from New Jersey. the only national historic district that at the site. The National Park Service Mr. PASCRELL. Yes, the State of includes both a national natural re- has a long history of Federal and State New Jersey has designated this as a source and a national landmark, the cooperation, from the Lowell National State park. It has committed $10 mil- only one in the entire Nation. Historic Park to the Redwood National lion to the project in true partnership. In a special bicentennial speech in State Parks in California. It is park The municipality has also done the Paterson, with the spectacular na- service policy to foster State and Fed- same thing. tional beauty of the falls behind it, the eral partnerships to fund and manage Mr. PRICE of Georgia. Reclaiming President of the United States, the late parks. Great Falls will be no different. my time, I appreciate that. That is in- Gerald Ford, in 1976, and I had the Mr. Speaker, if the Great Falls Dis- formation I had not had. My concern is honor as a Democrat to introduce him trict were added to the park system, kind of rising to the 30,000- or 40,000- that day, Mr. Speaker, said this: ‘‘We Federal resources could be leveraged to foot view for the National Park Serv- can see the Great Falls as a symbol of revitalize the falls, the entire city, the ice. the industrial might which helps to entire area. Through this Federal part- Mr. Speaker, I represent the Sixth make America the most powerful Na- nership, the Great Falls will be trans- District of Georgia, which is on the tion in the world.’’ Now, so many years formed into an attraction for visitors northern side of the City of Atlanta, later, we are that much closer to mak- and Patersonians alike that can lead to and through my district runs the Chat- ing the dream of a national park in the economic revitalization of this en- tahoochee River National Recreation Paterson a reality. tire area, be a living reminder of our Area, a 48-mile long linear park, the I do not see facts and figures here, Nation’s rich industrial history with so longest linear park in our Nation. Mr. Speaker. I see the faces of hard- many of our star places where we put Mr. Speaker, we have been trying to working people from all over the world, purple ropes around them, ‘‘don’t get accurate communication from the who came to Paterson, came to the touch.’’ That is not what we are talk- National Park Service about how they falls and worked in those factories. We ing about here. We are talking about determine how much of their resources, are talking about human beings. We living history. their finite resources that they have, are talking about people who came Congress must act now to pass this come to the various national parks here and made this country the great- vital piece of legislation, so that we across this Nation. est country in the world, who asked may fully recognize these cultural and We asked that because, as my friend nothing, who didn’t get a real living historic landmarks that have played from Texas mentioned, the National wage until years later. I am talking such a decisive role in America’s his- Park Service appears to be at least $1 about those people who are not face- tory. Today, Mr. Speaker, we have that billion, if not more, in arrears on their less, who do have names, who worked opportunity. I hope we will all come to- maintenance and operations budget. So hard to give their children a better op- gether and support that opportunity. the Chattahoochee River National portunity, a better place. Mr. GOHMERT. Mr. Speaker, I do Recreation Area has trails that are, in That was Alexander Hamilton’s need to address the question, and it fact, a danger to those that visit this dream, to bring economic superiority may have been rhetorical, how dare beautiful park. It is unable to patrol to the United States, so that we would anyone imply that this area is not sig- the park, again, a 48-mile linear park. not pretend to be an agrarian society nificant? I haven’t heard anybody It doesn’t have the number of full-time for the rest of our history. He intro- imply such a thing. It is truly signifi- equivalent employees that ought be duced the Industrial Revolution; and cant. That is not the issue. The issue is there for this size park. When we look then, secondly, to give equal oppor- priorities. at other parks around the Nation, we tunity to each person regardless of We have been hearing for the last see that parks of equivalent visitation, where he came from, what he looked week how important it is for poor chil- the same number of folks visiting each like, how he cooked his food, how he dren to have health care insurance. year, get a significantly greater budg- spoke. There are so many priorities; yet there et. So as we try to drill down and find

VerDate Aug 31 2005 00:51 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K22OC7.010 H22OCPT1 hmoore on PRODPC68 with HMHOUSE H11784 CONGRESSIONAL RECORD — HOUSE October 22, 2007 out why that is, it appears that that is other city that brought the technology Mr. Speaker, I yield back the balance all political. For example, there is a and science from England and from of my time. park that a former Speaker of the other parts of Europe had the success Mr. GRIJALVA. Mr. Speaker, let me House of Representatives had in his that Paterson had. There were seven or just in closing say this legislation, district, and that park gets four or five eight major areas, and I pointed them H.R. 189, this designation goes beyond a times the amount of funding that out and I am not going to do it again. simple designation. It speaks to the parks with the same visitation across I am going to tell you, there is no strengthening of our independence as this Nation get. other area, and all powered by the this Nation develops. It speaks to a So we asked the National Park Serv- falls. beautiful natural resource that needs ice, what is your formula? How do you Today, when we talk about alter- to be protected and designated, and it determine how much of your budget native energy sources, and both sides speaks to an historic legacy about peo- goes to various national parks and na- of the aisle have been talking about it, ple and industrial advancement that tional recreation areas. Of course, we and talking and talking and talking needs to be preserved and enhanced and haven’t been able to get that answer. It and talking, it was really at the falls designated for the whole Nation to ap- hasn’t been just a week or two, Mr. that we had the beginnings of hydro- preciate. I want to thank the sponsor Speaker; it has been years, years, that electric power. of the legislation and urge my col- we have been trying to get that answer. b 1430 leagues to exercise the wisdom of Con- So I rise with great concern about gress and approve H.R. 189. the political nature of the relationship I think the significance is not to be Mr. HOLT. Mr. Speaker, I rise today to voice of the National Park Service and the simply caught up in how beautiful the my strong support for H.R. 189, the Paterson priorities that they set. And as my place is. We are not talking about aes- Great Falls National Park Act of 2007. I am friend from Texas raised, there may be thetics; we are talking about what the proud to be a cosponsor of this legislation some concerns about this bill that we meaning of this place is, where all along with the New Jersey Congressional del- have on the floor today about that races and all creeds and all nationali- egation. I also want to thank my colleague, matter as well. ties worked during what we call the In- Mr. PASCRELL, a Paterson native and former So I raise a greater concern, a con- dustrial Revolution. mayor, for his hard work in drafting this bill cern that I believe would be appro- This is a national landmark and a na- and bringing it to the floor. priate, to pull back this resolution and tional natural landmark, and there is H.R. 189 will establish a National Park in find out from the National Park Serv- no other place in the United States Paterson, NJ, encompassing 118 acres of the ice the answer to those pivotal ques- that meets that criteria. Isn’t that in- Great Falls National Historic District and the tions that Americans want to know, teresting. So while the park system op- adjacent Hinchliffe Stadium. These sites are of and that is is there any rationale to posed Lowell and opposed a lot of great historical significance to New Jersey and how you are spending your money. things, it is the Congress that will de- to the Nation at large. Where is the accountability in how you termine in the Constitution, the Con- In 1791, Alexander Hamilton created the spend your money. gress will determine what is a park Society for the Establishment of Useful Manu- I appreciate the gentleman from New system and what is not. That is our au- factures, a public-private corporation, to fulfill Jersey and his passion for this area. I thority; that is our responsibility. And his vision of transforming the United States am sure it is a beautiful and wonderful today I hope, with your good sense, we from an agrarian society into an industrial area, and I look forward to visiting it will have bipartisan support of this leg- at some point in the future. But I be- power. The society, in turn, established islation. Paterson 1 year later as America’s first lieve we have got challenges and prob- Mr. GOHMERT. Mr. Speaker, I have lems within the National Park Service. planned industrial city. no further speakers, but I understand, Located 15 miles west of New York City, the I hope we address those first. and I have not had the privilege of vis- Mr. GRIJALVA. Mr. Speaker, I would centerpiece of Hamilton’s industrial city is the iting the Great Falls area, it is sup- say to the gentleman from Georgia, if I Great Falls, a 77-foot waterfall on the Passaic posed to be one of the most beautiful am not mistaken, the original designa- River. After implementing engineer Pierre areas and I am greatly appreciative of tion for the Chattahoochee National Charles L’Enfant’s water power system, doz- that. As I understand, this area is ex- Recreation Area was also not sup- ens of mills and manufacturing buildings were pected to include a microbrewery, a ported by National Park Service, and I built on the banks of the Passaic, harnessing climbing wall, and an apartment com- know that the people of Georgia are the hydropower made available by the Great plex is what was brought to my atten- glad that this Congress used its legisla- Falls. tive prerogative to create that designa- tion. And these of course raise other Paterson was the heart of the industrial rev- tion. issues of liability. When we look olution in the United States, with dozens of With that, let me yield such addi- around the country at all of the parks mills producing paper, cotton, and enough silk tional time as he may consume to the that are struggling right now to take for Paterson to earn the nickname ‘‘Silk City.’’ sponsor of the legislation, the gen- care of their needs because the park As one of the earliest centers of manufac- tleman from New Jersey (Mr. service is a billion dollars in arrears as turing in the United States, Paterson was also PASCRELL). far as taking care of their current obli- home to historic inventions such as Samuel Mr. PASCRELL. I want to address gations, it should cause us to look Colt’s first repeating revolver and inventor some of the cogent points that have carefully and go slowly in absorbing John Holland’s early submarine prototypes. been presented by the other side. other land until we have the where- Paterson’s Great Falls is also the site of his- We are not talking about hundreds of withal to do so and the park service is toric Hinchliffe Stadium, which served as the square miles here. We are talking able to work with Congress to come up homefield for the New York Black Yankees of about 110 acres of land. We are talking with a solid plan to care for the park. the Negro Leagues during America’s Jim Crow about in the middle of that property There are also other issues when you era. Placed on the National Register of His- the second largest falls in the East. We bring in these other things like a toric Places in 2004, Hinchliffe Stadium is one are talking about what Alexander microbrewery, a climbing wall, and an of a handful of remaining stadiums used by Hamilton said in 1774, before the estab- apartment complex regarding liabil- Negro League baseball teams. Hinchliffe sta- lishment of the Society of Useful Man- ities that may arise. There are so many dium hosted baseball legends such as Satchel ufacturers, before America decided questions still out there yet to be re- Paige, Josh Gibson, and Larry Doby, who be- that it was going to go that industrial solved. came the first African American to integrate route so that we would have a multi- I have to say with regard to the Re- the American League. The stadium is a poign- faceted economy, he discerned that at sources Committee, I am well pleased ant reminder of a bygone era of our country’s that falls that water power would bring there are so many things that are com- national pastime. tremendous job growth and tremendous pletely bipartisan, and we have a num- With the passage of this bill, Members of facilitation to economic growth and in- ber of them today. But because of the the House will create a unique national park dustrial growth. issues involved here, we will be asking that protects a striking natural resource along He was right. He was absolutely our colleagues to vote ‘‘no’’ until we with cultural and historical sites that tell the right. No other industrial city, no have a better plan. stories of our Founding Fathers, America’s

VerDate Aug 31 2005 00:51 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00006 Fmt 7634 Sfmt 9920 E:\CR\FM\K22OC7.012 H22OCPT1 hmoore on PRODPC68 with HMHOUSE October 22, 2007 CONGRESSIONAL RECORD — HOUSE H11785 economic rise and of the African American ex- Alaska, pursuant to the Alaska Railroad Trans- Mr. Speaker, we support H.R. 830, as perience. I urge my colleagues to join me in fer Act of 1982 (45 U.S.C. 1201 et seq.). The ease- amended, and recommend its adoption supporting this bill. ment relinquished by the Alaska Railroad Cor- by the House today. Mr. GRIJALVA. Mr. Speaker, I yield poration to the United States under this section Mr. Speaker, I reserve the balance of shall, with respect to the portion being ex- back the balance of my time. changed, be the full title and interest received my time. The SPEAKER pro tempore. The by the Alaska Railroad in the Deed for Exclu- Mr. YOUNG of Alaska. Mr. Speaker, I question is on the motion offered by sive Use Easement and Railroad Related Im- yield myself such time as I may con- the gentleman from Arizona (Mr. provements filed in Book 33, pages 985–994 of the sume. GRIJALVA) that the House suspend the Nenana Recording District, Alaska, pursuant to (Mr. YOUNG of Alaska asked and was rules and pass the bill, H.R. 189, as the Alaska Railroad Transfer Act of 1982 (45 given permission to revise and extend amended. U.S.C. 1201 et seq.). his remarks.) The question was taken. (4) COSTS.—The Alaska Railroad shall pay all Mr. YOUNG of Alaska. Mr. Speaker, I costs associated with the exchange under this thank the chairman of the full com- The SPEAKER pro tempore. In the section, including the costs of compliance with opinion of the Chair, two-thirds being the National Environmental Policy Act of 1969 mittee and the chairman of the sub- in the affirmative, the ayes have it. (42 U.S.C. 4321 et seq.), the costs of any surveys, committee for allowing this legislation Mr. PRICE of Georgia. Mr. Speaker, and other reasonable costs. to come to the floor of the House. on that I demand the yeas and nays. (5) LAND TO BE PART OF WILDERNESS.—The As a sponsor of H.R. 830 and of the The yeas and nays were ordered. lands underlying any easement relinquished to Alaska Railroad Transfer Act of 1982, I The SPEAKER pro tempore. Pursu- the United States under this section that are ad- am pleased we are considering this leg- ant to clause 8 of rule XX and the jacent to designated wilderness are hereby des- islation today. Although it is small, Chair’s prior announcement, further ignated as wilderness and added to the Denali the land exchange provided by H.R. 830 Wilderness, the boundaries of which are modi- proceedings on this motion will be fied accordingly, and shall be managed in ac- will improve the ability of the Alaska postponed. cordance with applicable provisions of the Wil- Railroad Corporation to serve its cus- f derness Act (78 Stat. 892) and the Alaska Na- tomers who wish to visit Denali Na- tional Interest Lands Conservation Act of 1980 tional Park. The construction of a DENALI NATIONAL PARK AND (94 Stat. 2371). turnaround track will increase sched- ALASKA RAILROAD EXCHANGE (6) OTHER TERMS AND CONDITIONS.—The Sec- uling frequency and flexibility. This ACT OF 2007 retary shall require any additional terms and not only reduces overcrowding of Mr. GRIJALVA. Mr. Speaker, I move conditions under this section that the Secretary Denali at any one time, it makes the to suspend the rules and pass the bill determines to be appropriate to protect the inter- ests of the United States and of Denali National Park Service’s job of managing visita- (H.R. 830) to authorize the exchange of Park. tion much smoother. certain lands in Denali National Park This is a noncontroversial bill and The SPEAKER pro tempore. Pursu- in the State of Alaska, as amended. enjoys the support of the National ant to the rule, the gentleman from Ar- The Clerk read the title of the bill. Park Service, the State of Alaska izona (Mr. GRIJALVA) and the gen- The text of the bill is as follows: which owns the railroad, and the Na- tleman from Alaska (Mr. YOUNG) each H.R. 830 tional Parks Conservation Association. will control 20 minutes. For anyone who has not traveled on Be it enacted by the Senate and House of Rep- The Chair recognizes the gentleman resentatives of the United States of America in the Alaska Railroad, it is a journey from Arizona. Congress assembled, you should not miss. For those who SECTION 1. SHORT TITLE. GENERAL LEAVE have had an opportunity to enjoy the This Act may be cited as the ‘‘Denali National Mr. GRIJALVA. Mr. Speaker, I ask splendor of Alaska’s scenery aboard the Park and Alaska Railroad Exchange Act of unanimous consent that all Members train, I am sure you will agree it is a 2007’’. may have 5 legislative days to revise first-class experience. SEC. 2. DEFINITIONS. and extend their remarks and include You may not know, but Alaska Rail- In this Act: extraneous material on the bill under road was once owned by the Federal (1) CORPORATION.—The term ‘‘Corporation’’ consideration. Government; but Congress in its wis- means the Alaska Railroad Corporation owned The SPEAKER pro tempore. Is there dom passed bipartisan legislation in by the State of Alaska. objection to the request of the gen- (2) SECRETARY.—The term ‘‘Secretary’’ means 1982 to transfer the railroad to the the Secretary of the Interior. tleman from Arizona? State of Alaska. As Congress faces im- There was no objection. SEC. 3. EXCHANGE. mense backlogs in caring for Federal (a) IN GENERAL.— Mr. GRIJALVA. Mr. Speaker, I yield assets, perhaps there is a lesson to be (1) EASEMENT EXPANDED.—The Secretary is myself such time as I may consume. learned here. We might consider trans- authorized to grant to the Alaska Railroad Cor- Mr. Speaker, H.R. 830 was introduced ferring more of these assets to the poration an exclusive-use easement on land that by the gentleman from Alaska (Mr. States. Alaska has proven it can take a is identified by the Secretary within Denali Na- YOUNG). The legislation would author- Federal asset like the Alaska Railroad tional Park for the purpose of providing a loca- ize an exchange of easements on land and manage it for the benefit of every- tion to the Corporation for construction, main- along the Alaska Railroad track inside one who uses it. I believe this is a fine tenance, and on-going operation of track and the Denali National Park. associated support facilities for turning railroad piece of legislation. trains around near Denali Park Station. The exchange would make it possible Mr. Speaker, I yield back the balance (2) EASEMENT RELINQUISHED.—In exchange for for the railroad to build a turnaround of my time. the easement granted in paragraph (1), the Sec- track near the Denali Park station, Mr. GRIJALVA. Mr. Speaker, I yield retary shall require the relinquishment of cer- helping to accommodate the increasing back the balance of my time. tain portions of the Corporation’s existing ex- popularity of rail travel in the park. The SPEAKER pro tempore. The clusive use easement within the boundary of Mr. Speaker, this is an exchange of question is on the motion offered by Denali National Park. easements only. No park land will the gentleman from Arizona (Mr. (b) CONDITIONS OF THE EXCHANGE.— change hands. The railroad has an ex- GRIJALVA) that the House suspend the (1) EQUAL EXCHANGE.—The exchange of ease- ments under this section shall be on an approxi- isting easement along its entire track, rules and pass the bill, H.R. 830, as mately equal-acre basis. granted as a result of the 1982 Alaska amended. (2) TOTAL ACRES.—The easement granted Railroad Transfer Act. But the ease- The question was taken; and (two- under paragraph (1) of subsection (a) shall not ment will not accommodate the turn- thirds being in the affirmative) the exceed 25 acres. around. rules were suspended and the bill, as (3) INTERESTS CONVEYED.—The easement con- H.R. 830 would allow the Secretary of amended, was passed. veyed to the Alaska Railroad Corporation by the the Interior to grant a new easement The title was amended so as to read: Secretary under this section shall be under the for the turnaround. In exchange, the ‘‘A bill to authorize the exchange of same terms as the exclusive use easement grant- ed to the Railroad in Denali National Park in railroad will relinquish its existing certain interests in land in Denali Na- the Deed for Exclusive Use Easement and Rail- easement on an approximate equal tional Park in the State of Alaska.’’. road Related Improvements filed in Book 33, number of acres elsewhere along the A motion to reconsider was laid on pages 985–994 of the Nenana Recording District, current track. the table.

VerDate Aug 31 2005 00:51 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\A22OC7.008 H22OCPT1 hmoore on PRODPC68 with HMHOUSE H11786 CONGRESSIONAL RECORD — HOUSE October 22, 2007 HOPEWELL CULTURE NATIONAL Park System will preserve important Historians will tell you that the Hopewell cul- HISTORICAL PARK BOUNDARY sites from our Nation’s past. ture is a chapter of American history in need ADJUSTMENT ACT I commend the gentleman from Ohio of further exploration. Dr. Brad Lepper of the Mr. GRIJALVA. Mr. Speaker, I move (Mr. SPACE) for his diligence in bring- Ohio Historical Society testified before the to suspend the rules and pass the bill ing this bill to the House. Representa- Subcommittee on National Parks in June that (H.R. 2197) to modify the boundary of tive SPACE is on his way back from his Spruce Hill was an untapped resource that the Hopewell Culture National Histor- district this afternoon, but will submit could offer answers to many historical ques- ical Park in the State of Ohio, and for a statement for the RECORD. tions about this culture, and even raise new other purposes. Mr. Speaker, I reserve the balance of questions of interest. The Clerk read the title of the bill. my time. I urge my colleagues to join me in passage The text of the bill is as follows: The SPEAKER pro tempore. Without of H.R. 2197 today. Its passage is both timely H.R. 2197 objection, the gentleman from Texas and critical to the protection of our culture. (Mr. GOHMERT) will control the time. Be it enacted by the Senate and House of Rep- Mr. GOHMERT. Mr. Speaker, I yield resentatives of the United States of America in There was no objection. back the balance of my time. Congress assembled, Mr. GOHMERT. Mr. Speaker, I be- Mr. GRIJALVA. Mr. Speaker, I yield SECTION 1. SHORT TITLE. lieve the National Parks Sub- back the balance of my time. This Act may be cited as the ‘‘Hopewell committee chairman has adequately The SPEAKER pro tempore. The Culture National Historical Park Boundary explained this bill, and we have no ob- question is on the motion offered by Adjustment Act’’. jection. the gentleman from Arizona (Mr. SEC. 2. BOUNDARY EXPANSION. Mr. SPACE. Mr. Speaker, it is with great ex- GRIJALVA) that the House suspend the Section 2 of the Act entitled ‘‘An Act to re- citement that I share my support for H.R. rules and pass the bill, H.R. 2197. name and expand the boundaries of the 2197, the Hopewell Culture National Historical The question was taken; and (two- Mound City Group National Monument in Park Boundary Adjustment Act, with the Ohio’’, approved May 27, 1992 (106 Stat. 185), thirds being in the affirmative) the is amended— House today. Passage of this legislation will rules were suspended and the bill was (1) by striking ‘‘and’’ at the end of sub- help to ensure the protection of a national ar- passed. section (a)(3); chaeological treasure in Ohio’s 18th Congres- A motion to reconsider was laid on (2) by striking the period at the end of sub- sional District. the table. section (a)(4) and inserting ‘‘; and’’; I would like to begin by offering my thanks f (3) by adding after subsection (a)(4) the fol- to Chairmen RAHALL and GRIJALVA for their lowing new paragraph: gracious assistance in assuring this legislation MESA VERDE NATIONAL PARK ‘‘(5) the map entitled ‘Hopewell Culture was heard both by the Committee and the BOUNDARY EXPANSION ACT OF National Historical Park, Ohio Proposed House of Representatives. The House is fortu- 2007 Boundary Adjustment’ numbered 353/80,049 and dated June, 2006.’’; and nate to have the service of both of these Mr. GRIJALVA. Mr. Speaker, I move (4) by adding after subsection (d)(2) the fol- Members. to suspend the rules and pass the bill lowing new paragraph: H.R. 2197 permits the expansion of the (H.R. 783) to modify the boundary of ‘‘(3) The Secretary may acquire lands boundaries of Hopewell Culture National His- Mesa Verde National Park, and for added by subsection (a)(5) only from willing torical Park in two areas. Hopewell Culture other purposes, as amended. sellers.’’. National Historical Park is home to historical The Clerk read the title of the bill. The SPEAKER pro tempore. Pursu- remains of the Hopewell Culture, a culture of The text of the bill is as follows: ant to the rule, the gentleman from Ar- Native Americans that thrived between the H.R. 783 izona (Mr. GRIJALVA) and the gen- years of 200 BC and 500 AD. This culture was Be it enacted by the Senate and House of Rep- tleman from Alaska (Mr. YOUNG) each known for the creation of large enclosures resentatives of the United States of America in will control 20 minutes. characterized by earthen walls, many of which Congress assembled, The Chair recognizes the gentleman still stand today. SECTION 1. SHORT TITLE. from Arizona. The proposed border expansion is not an This Act may be cited as the ‘‘Mesa Verde Na- GENERAL LEAVE arbitrary one. Earlier this year, a parcel of land tional Park Boundary Expansion Act of 2007’’. Mr. GRIJALVA. Mr. Speaker, I ask known as Spruce Hill became available for SEC. 2. FINDINGS; PURPOSES. unanimous consent that all Members sale. Spruce Hill is home to many archae- (a) FINDINGS.—Congress finds that— may have 5 legislative days to revise ological remains of interest to historians and (1) on June 29, 1906, Mesa Verde National archaeologists, and significant natural phe- Park was established as the first national park and extend their remarks and include in the United States to preserve the works of hu- extraneous material on the bill under nomena that piqued the interest of the envi- manity; consideration. ronmental community. In fact, legislation (2) on September 6, 1978, Mesa Verde National The SPEAKER pro tempore. Is there passed by Congress in 1980 ordered the De- Park became the first World Heritage Site des- objection to the request of the gen- partment of the Interior to perform a study on ignated in the United States; and tleman from Arizona? the relevance of Spruce Hill to the Hopewell (3) Mesa Verde National Park protects some of There was no objection. culture for the purposes of a possible expan- the best preserved and notable archeological Mr. GRIJALVA. Mr. Speaker, H.R. sion. The report, released in 1998, found that sites of the ancient Puebloan culture that flour- 2197 was introduced by the gentleman Spruce Hill is an ‘‘outstanding example of a ished in the southwestern United States from approximately 600–1300, including the elaborate from Ohio (Mr. SPACE). The legislation particular class of Hopewellian monumental stone villages in the sheltered alcoves of the would modify the boundaries of the architecture,’’ confirming the importance of canyon walls referred to as ‘‘cliff dwellings’’. Hopewell Culture National Historical adding this land to the Park. (b) PURPOSES.—The purposes of this Act are— Park in south central Ohio to add two Spruce Hill was scheduled for public auction (1) to modify the boundary of Mesa Verde Na- tracts, totaling almost 360 acres. by the owner last June. I, like many of the tional Park— The Hopewell Culture was a pre-Eu- residents of Ross County, were concerned (A) to protect the archeological sites located ropean civilization best known for the that this land might be transferred to an owner on property adjacent to the Park boundary; numerous mounds and earthworks uninterested in preserving its historical treas- (B) to extend and expand the knowledge and understanding of the ancient Puebloan culture, found throughout the Ohio Valley. The ures. Fortunately, a land trust created by a a major influence in the development of the current park boundary encompasses group of concerned citizens and other inter- southwestern United States; five sites totaling 1,174 acres. H.R. 2197 ested parties were successful in raising (C) to protect from potential development the would add two tracts, the 177-acre enough funds to purchase the land before it scenic and biological value of the pinyon-juni- Spruce Hill Works unit and the 180-acre was put up for auction. I am pleased to say per covered hills that— addition to the existing Seip that the land is currently in safe hands. (i) border the Park; and Earthworks unit. H.R. 2197 will allow the federal government (ii) are in full view of the Park entrance road; Mr. Speaker, the National Park Serv- and to expand the borders of Hopewell Culture Na- (D) to protect the largest recorded colony of ice has testified in support of the legis- tional Historical Park to include Spruce Hill, the globally imperiled Gray’s Townsend Daisy, lation, and it was approved by the Re- ensuring it takes it proper place within the to ensure continuation of a major wildlife cor- sources Committee by unanimous con- boundaries of a park meant to commemorate ridor, and to protect important habitat for wild- sent. This addition to our National an important chapter in the history of America. life; and

VerDate Aug 31 2005 01:31 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00008 Fmt 7634 Sfmt 6333 E:\CR\FM\K22OC7.016 H22OCPT1 hmoore on PRODPC68 with HMHOUSE October 22, 2007 CONGRESSIONAL RECORD — HOUSE H11787 (2) to provide greater opportunities to visitors, The second parcel is currently owned Park Service by the Mesa Verde Foun- researchers, and surrounding communities to by a park partner, the Mesa Verde dation. With passage of H.R. 783, the understand and appreciate the natural environ- Foundation. National Park Service will have the ment of Mesa Verde and the contributions of the authority to accept the generous dona- ancient Puebloan culture to the region by pro- b 1445 viding the land required to construct a contem- tion of this parcel from the foundation. The foundation intends to donate the In keeping with the longstanding tra- porary museum collections storage facility and parcel to the park for the development visitor orientation center. dition of preserving the resources and of a visitor information center and mu- cultural heritage at Mesa Verde Na- SEC. 3. DEFINITIONS. seum collection facility but cannot do In this Act: tional Park, H.R. 783 will greatly en- (1) MAP.—The term ‘‘map’’ means the map en- so until the park boundary is expanded. hance the visitor experience at Mesa Mr. Speaker, the administration has titled ‘‘Mesa Verde National Park Proposed Verde for future generations of Ameri- testified in support of this legislation, Boundary Adjustment’’, numbered 307/80,180, cans. and dated March 1, 2007. the Natural Resources Committee ap- I urge the House to adopt this impor- (2) PARK.—The term ‘‘Park’’ means the Mesa proved the legislation with a minor Verde National Park in the State of Colorado. tant piece of legislation, and I urge my amendment by unanimous consent. colleagues to someday come out and (3) SECRETARY.—The term ‘‘Secretary’’ means I want to acknowledge, at this point, visit Mesa Verde National Park. the Secretary of the Interior. the hard work of the bill’s sponsor, Mr. GRIJALVA. Mr. Speaker, I yield SEC. 4. MESA VERDE NATIONAL PARK. Representative JOHN SALAZAR, in back the balance of my time. (a) ACQUISITION OF LAND.— bringing this important legislation for- (1) IN GENERAL.—The Secretary may acquire The SPEAKER pro tempore. The ward. We support this bill and urge its the land or an interest in the land described in question is on the motion offered by adoption by the House today. subsection (b) for addition to the Park. the gentleman from Arizona (Mr. (2) MEANS.—An acquisition of land under Mr. Speaker, I reserve the balance of GRIJALVA) that the House suspend the paragraph (1) may be made by donation, pur- my time. chase from a willing seller with donated or ap- Mr. GOHMERT. Mr. Speaker, once rules and pass the bill, H.R. 783, as propriated funds, or exchange. again, I think my friend from Arizona amended. (b) DESCRIPTION OF LAND.—The land referred has adequately explained the bill. We The question was taken; and (two- to in subsection (a)(1) is the approximately 360 support it and I have no objections, and thirds being in the affirmative) the acres of land adjacent to the Park, as generally even though it’s unusual here in Con- rules were suspended and the bill, as depicted on the map. amended, was passed. (c) AVAILABILITY OF MAP.—The map shall be gress to yield back any time, we do so yield back our time. A motion to reconsider was laid on on file and available for inspection in the ap- the table. propriate offices of the National Park Service. Mr. GRIJALVA. Mr. Speaker, I yield (d) BOUNDARY MODIFICATION.—The boundary such time as he may consume to the f of the Park shall be revised to reflect the acqui- sponsor of this legislation, Representa- DWIGHT D. EISENHOWER sition of the land under subsection (a). tive JOHN SALAZAR. MEMORIAL COMMISSION (e) ADMINISTRATION.—The Secretary shall ad- Mr. SALAZAR. Mr. Speaker, I first Mr. GRIJALVA. Mr. Speaker, I move minister any land or interest in land acquired want to thank Chairman GRIJALVA for under subsection (a)(1) as part of the Park in assistance in moving this important to suspend the rules and pass the bill accordance with the laws (including regula- (H.R. 2094) to provide for certain ad- tions) applicable to the Park. piece of legislation forward. I introduced H.R. 783, along with my ministrative and support services for SEC. 5. AUTHORIZATION OF APPROPRIATIONS. friend and colleague MARK UDALL from the Dwight D. Eisenhower Memorial There are authorized to be appropriated such Commission, and for other purposes, as sums as are necessary to carry out this Act. Colorado, to expand the boundary of Mesa Verde National Park. Mesa Verde amended. The SPEAKER pro tempore. Pursu- National Park protects the most nota- The Clerk read the title of the bill. ant to the rule, the gentleman from Ar- ble and best-preserved cliff dwellings in The text of the bill is as follows: izona (Mr. GRIJALVA) and the gen- this country. The park is also vital to H.R. 2094 tleman from Texas (Mr. GOHMERT) each the economy of southwest Colorado. Be it enacted by the Senate and House of Rep- will control 20 minutes. Established by Congress in June 1906, resentatives of the United States of America in The Chair recognizes the gentleman Mesa Verde National Park was the first Congress assembled, from Arizona. cultural park to be set aside in the Na- SECTION 1. DWIGHT D. EISENHOWER MEMORIAL COMMISSION. GENERAL LEAVE tional Park System. Section 8162 of the Department of Defense Ap- Mr. GRIJALVA. Mr. Speaker, I ask Over 1,400 years ago, the Puebloans unanimous consent that all Members propriations Act, 2000 (Public Law 106–79; 113 settled at Mesa Verde where they built Stat. 1274) is amended— may have 5 legislative days to revise elaborate stone communities in the (1) by striking subsection (j) and inserting the and extend their remarks and include protected alcoves of the canyon, call- following: extraneous material on the bill under ing it home for over 700 years. ‘‘(j) POWERS OF THE COMMISSION.— consideration. When President Teddy Roosevelt ‘‘(1) IN GENERAL.— The SPEAKER pro tempore. Is there signed the law establishing Mesa ‘‘(A) POWERS.—The Commission may— objection to the request of the gen- Verde, he claimed that it was to ‘‘pre- ‘‘(i) make such expenditures for services and materials for the purpose of carrying out this tleman from Arizona? serve the works of man.’’ There was no objection. section as the Commission considers advisable The establishment of Mesa Verde set from funds appropriated or received as gifts for Mr. GRIJALVA. Mr. Speaker, H.R. off intense public interest in preserving that purpose; 783 authorizes a boundary expansion at other such sites in the American south- ‘‘(ii) solicit and accept contributions to be Mesa Verde National Park in south- west and nationwide. Today, the towns used in carrying out this section or to be used in western Colorado of approximately 362 of Cortez and Mancos, in Montezuma connection with the construction or other ex- acres. Mesa Verde National Park, es- County, Colorado, rely heavily on tour- penses of the memorial; tablished in 1906, contains the most ex- ism from Mesa Verde National Park. ‘‘(iii) hold hearings and enter into contracts; tensive concentration of cliff-dwellings H.R. 783 authorizes the National Park ‘‘(iv) enter into contracts for specialized or professional services as necessary to carry out in the United States. Service to acquire two critically im- this section; and H.R. 783 authorizes the acquisition of portant plots at the gateway to Mesa ‘‘(v) take such actions as are necessary to two parcels of the land that border the Verde National Park. One is a 324-acre carry out this section. park. One parcel is in full view of the tract of private land to be acquired ‘‘(B) SPECIALIZED OR PROFESSIONAL SERV- park’s entrance road and contains im- from the Henneman family. I want to ICES.—Services under subparagraph (A)(iv) may portant archaeological sites, an an- credit the Henneman family, as they be— cient forest, and the largest known remained steadfast in their termi- ‘‘(i) obtained without regard to the provisions population of a globally imperiled of title 5, United States Code, including section nation to see the property included in 3109 of that title; and plant. This parcel is currently zoned this park, and I’d like to thank them ‘‘(ii) may be paid without regard to the provi- for a subdivision, but the owners would for their dedication. sions of title 5, United States Code, including prefer to protect the property through The second plot of land is a 38-acre chapter 51 and subchapter III of chapter 53 of inclusion in the park. tract to be donated to the National that title.

VerDate Aug 31 2005 01:31 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00009 Fmt 7634 Sfmt 6333 E:\CR\FM\A22OC7.010 H22OCPT1 hmoore on PRODPC68 with HMHOUSE H11788 CONGRESSIONAL RECORD — HOUSE October 22, 2007 ‘‘(2) GIFTS OF PROPERTY.—The Commission ‘‘(6) TEMPORARY, INTERMITTENT, AND PART- Thanks to his efforts, and those of the may accept gifts of real or personal property to TIME SERVICES.— commission, future visitors to Wash- be used in carrying out this section, including to ‘‘(A) IN GENERAL.—The Commission may ob- ington will come away with a better be used in connection with the construction or tain temporary, intermittent, and part-time serv- understanding of President Eisen- other expenses of the memorial. ices under section 3109 of title 5, United States ‘‘(3) FEDERAL COOPERATION.—At the request Code, at rates not to exceed the maximum an- hower’s place in American history. of the Commission, a Federal department or nual rate of basic pay payable under section Mr. Speaker, I reserve the balance of agency may provide any information or other 5376 of that title. my time. assistance to the Commission that the head of ‘‘(B) NON-APPLICABILITY TO CERTAIN SERV- Mr. GOHMERT. Mr. Speaker, I be- the Federal department or agency determines to ICES.—This paragraph shall not apply to serv- lieve the bill has been properly ex- be appropriate. ices under subsection (j)(1)(A)(iv). plained. ‘‘(4) POWERS OF MEMBERS AND AGENTS.— ‘‘(7) VOLUNTEER SERVICES.— I would like to add a personal touch ‘‘(A) IN GENERAL.—If authorized by the Com- ‘‘(A) IN GENERAL.—Notwithstanding section as a Member of Congress from Texas. mission, any member or agent of the Commission 1342 of title 31, United States Code, the Commis- We are proud that a Texan like Dwight may take any action that the Commission is au- sion may accept and utilize the services of vol- thorized to take under this section. unteers serving without compensation. Eisenhower is being honored. Not many ‘‘(B) ARCHITECT.—The Commission may ap- ‘‘(B) REIMBURSEMENT.—The Commission may people are aware, since he grew up in point an architect as an agent of the Commis- reimburse such volunteers for local travel and Kansas, that he was born in Denison, sion to— office supplies, and for other travel expenses, in- Texas, but there was so much about ‘‘(i) represent the Commission on various gov- cluding per diem in lieu of subsistence, as au- this great man to be admired. It is a ernmental source selection and planning boards thorized by section 5703 of title 5, United States wonderful tribute, and of course, as on the selection of the firms that will design and Code. construct the memorial; and chairman of the National Parks Sub- ‘‘(C) LIABILITY.— committee has indicated, this is not ‘‘(ii) perform other duties as designated by the ‘‘(i) IN GENERAL.—Subject to clause (ii), a vol- Chairperson of the Commission. unteer described in subparagraph (A) shall be the beginning of the process. This is ‘‘(C) TREATMENT.—An authorized member or considered to be a volunteer for purposes of the continuing the ongoing process to agent of the Commission (including an indi- Volunteer Protection Act of 1997 (42 U.S.C. 14501 make this a reality. vidual appointed under subparagraph (B)) pro- et seq.). So we are very pleased that it’s oc- viding services to the Commission shall be con- ‘‘(ii) EXCEPTION.—Section 4(d) of the Volun- curring. Of course, from a personal sidered an employee of the Federal Government teer Protection Act of 1997 (42 U.S.C. 14503(d)) standpoint, I like the fact that he was in the performance of those services for the pur- shall not apply for purposes of a claim against a Republican and especially liked his poses of chapter 171 of title 28, United States a volunteer described in subparagraph (A). Code, relating to tort claims. hairline, but especially what he did for ‘‘(p) AUTHORIZATION OF APPROPRIATIONS.— this Nation and shoring us up, pro- ‘‘(5) TRAVEL.—Each member of the Commis- There are authorized to be appropriated such sion shall be allowed travel expenses, including sums as necessary to carry out this section.’’. tecting us in World War II, guiding this per diem in lieu of subsistence, at rates author- Nation as its President. This is a won- The SPEAKER pro tempore. Pursu- ized for employees of agencies under subchapter derful tribute, and I appreciate the ant to the rule, the gentleman from Ar- I of chapter 57 of title 5, United States Code, work of the chairman in bringing this while away from their homes or regular places izona (Mr. GRIJALVA) and the gen- about. of business in the performance of services for the tleman from Texas (Mr. GOHMERT) each Commission.’’; Mr. Speaker, I yield back the balance will control 20 minutes. of my time. (2) by redesignating subsection (o) as sub- The Chair recognizes the gentleman section (q); and Mr. GRIJALVA. Mr. Speaker, let me (3) by adding after subsection (n) the fol- from Arizona. indicate at this time that Representa- lowing: GENERAL LEAVE tive MOORE, the sponsor of the legisla- ‘‘(o) STAFF AND SUPPORT SERVICES.— Mr. GRIJALVA. Mr. Speaker, I ask tion, is in his district and will have a ‘‘(1) EXECUTIVE DIRECTOR.—There shall be an unanimous consent that all Members statement to submit for the RECORD. Executive Director appointed by the Commission have 5 legislative days to revise and ex- Mr. MOORE of Kansas. Mr. Speaker, I rise to be paid at a rate not to exceed the maximum tend their remarks and include extra- rate of basic pay for level IV of the Executive today in support of a bill that I sponsored with Schedule. neous material on the bill under con- Representatives JERRY MORAN, TODD TIAHRT, ‘‘(2) STAFF.— sideration. NANCY BOYDA, LEONARD BOSWELL, and MAC ‘‘(A) IN GENERAL.—The staff of the Commis- The SPEAKER pro tempore. Is there THORNBERRY. As an Executive Committee sion may be appointed and terminated without objection to the request of the gen- member of the Dwight D. Eisenhower Memo- regard to the provisions of title 5, United States tleman from Arizona? rial Commission, I know that this legislation is Code, governing appointments in the competitive There was no objection. important to our continuing efforts to establish service, and may be paid without regard to the Mr. GRIJALVA. Mr. Speaker, there’s provisions of chapter 51 and subchapter III of a national, permanent memorial to President chapter 53 of that title, relating to classification no doubt that Dwight Eisenhower Eisenhower. H.R. 2094 would make important and General Schedule pay rates, except that an played a significant role in American amendments to the statute establishing the Ei- individual appointed under this paragraph may history. His service as a military lead- senhower Memorial Commission, so that it not receive pay in excess of the maximum rate of er, both during war and in peacetime, can more effectively discharge its duties. basic pay for GS–15 of the General Schedule. as our Nation’s 34th President and as a Congress created the Eisenhower Memorial ‘‘(B) SENIOR STAFF.—Notwithstanding sub- statesman and a scholar are deserving Commission in 1999 and charged the Com- paragraph (A), not more than 3 staff employees of a memorial here in our Nation’s cap- mission with establishing a national memorial of the Commission (in addition to the Executive ital. Director) may be paid at a rate not to exceed the to Dwight David Eisenhower to honor his maximum rate of basic pay for level IV of the Plans to establish such a memorial, a memory and commemorate his contributions Executive Schedule site across the street from the Smith- to the Nation. The Commission is completely ‘‘(3) STAFF OF FEDERAL AGENCIES.—On request sonian Air and Space Museum, are well bipartisan, consisting of four Senators, four of the Commission, the head of any Federal de- underway. The commission established Representatives, and four private citizens. The partment or agency may detail any of the per- to oversee the memorial is now devel- Commission keeps an office in Washington, sonnel of the department or agency to the Com- oping a design concept. Once the design D.C., with four full-time staff, including an Ex- mission to assist the Commission to carry out its is approved, the commission will over- ecutive Director and Executive Architect. duties under this section. see construction of the memorial. ‘‘(4) FEDERAL SUPPORT.—The Commission Since determining a preferred site in June shall obtain administrative and support services H.R. 2094, sponsored by our colleague 2005, the Commission has worked tirelessly to from the General Services Administration on a from Kansas, Representative DENNIS speed the progress of the memorialization. In reimbursable basis. The Commission may use all MOORE, makes technical changes to the September 2006, only fifteen months later, the contracts, schedules, and acquisition vehicles staff organization and administrative Commission received final site approval from allowed to external clients through the General authority of the commission. These the National Capital Planning Commission and Services Administration. changes are necessary as the commis- the Commission of Fine Arts. The National Ei- ‘‘(5) COOPERATIVE AGREEMENTS.—The Com- sion transitions from the planning mission may enter into cooperative agreements senhower Memorial will be located across the with Federal agencies, State, local, tribal and phase to the construction phase. street from the National Air and Space Mu- international governments, and private interests Representative MOORE has worked seum at the intersection of Maryland and Inde- and organizations which will further the goals very hard in this very difficult process pendence Avenues, SW. The site is sur- and purposes of this section. to help get this memorial established. rounded by institutions Ike either created or

VerDate Aug 31 2005 01:31 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00010 Fmt 7634 Sfmt 9920 E:\CR\FM\A22OC7.012 H22OCPT1 hmoore on PRODPC68 with HMHOUSE October 22, 2007 CONGRESSIONAL RECORD — HOUSE H11789 profoundly influenced, including the Depart- needs, but exists for no set time period. The SEC. 3. CONVEYANCE OF PUBLIC LAND, WELLS HYDROELECTRIC PROJECT, PUBLIC ment of Education. Commission will exist until the completion of UTILITY DISTRICT NO. 1 OF DOUG- The Commission is now engaged in Pre-De- the memorial. LAS COUNTY, WASHINGTON. sign Programming, a concerted effort to deter- For example, H.R. 2094 will enable the (a) CONVEYANCE REQUIRED.—Notwithstanding mine what the memorial should be. Eisen- Commission to hire temporary federal employ- the land use planning requirements of sections hower family members, Eisenhower contem- ees instead of contract consultants, simplifying 202 and 203 of the Federal Land Policy and poraries, historians, Kansans, and many oth- administration of staffing and covering the li- Management Act of 1976 (43 U.S.C. 1712, 1713), ers have been interviewed on their vision for and notwithstanding section 24 of the Federal ability of its employees. H.R. 2094 will also Power Act (16 U.S.C. 818) and Federal Power the memorial. A voluntary online questionnaire provide for the Executive Architect to rep- Order for Project 2149, and subject to valid ex- is available to the public. Although there are resent the Commission on the panels that will isting rights, if not later than 45 days after the many diverse opinions on Ike’s greatest select the design team for the memorial. As date of completion of the appraisal required achievement and the appropriate focus for his currently written, the Commission’s legislation under subsection (b), the Public Utility District memorial, all agree that Eisenhower is, as Mi- prohibits its staff or members from partici- No. 1 of Douglas County, Washington, submits chael Korda presents in his new biography, pating in the determination of the design team. to the Secretary of the Interior an offer to ac- ‘‘an American hero.’’ H.R. 2094 will enable the Commission to quire the public land for the appraised value, the Secretary shall convey, not later than 30 I am particularly proud to claim one of the continue working not only to ensure that the greatest 20th-century Americans as a fellow days after the date of the offer, to the PUD all National Eisenhower Memorial is an inspira- right, title, and interest of the United States in Kansan. He ranks as one of the preeminent tion to future generations, but also to ensure and to the public land. figures in the global history of the 20th cen- that the memorialization process is an exam- (b) APPRAISAL.—Not later than 60 days after tury. Dwight Eisenhower spent his entire life in ple of responsible public work. I urge my col- the date of enactment of this Act, the Secretary public service. His most well-known contribu- leagues to support passage of this measure shall complete an appraisal of the public land. tions include serving as Supreme Commander today and I thank the leadership of the House The appraisal shall be conducted in accordance with the ‘‘Uniform Appraisal Standards for Fed- of the Allied Expeditionary Forces in World Natural Resources Committee and of the War II and as 34th President of the United eral Land Acquisitions’’ and the ‘‘Uniform House, as a whole, for bringing this bill before Standards of Professional Appraisal Practice’’. States, but Eisenhower also served as the first us today. (c) PAYMENT.—Not later than 30 days after commander of NATO and as President of Co- Mr. GRIJALVA. Mr. Speaker, I yield the date on which the public land is conveyed lumbia University. Dramatic changes occurred back the balance of my time. under this section, the PUD shall pay to the in America during his lifetime, many of which The SPEAKER pro tempore. The Secretary an amount equal to the appraised he participated in and influenced through his question is on the motion offered by value of the public land as determined under extraordinary leadership as President. Al- the gentleman from Arizona (Mr. subsection (b). (d) MAP AND LEGAL DESCRIPTIONS.—As soon though Ike grew up before automobiles ex- GRIJALVA) that the House suspend the as practicable after the date of enactment of this isted, he created the Interstate Highway Sys- rules and pass the bill, H.R. 2094, as Act, the Secretary shall finalize legal descrip- tem and took America into space. He created amended. tions of the public land to be conveyed under NASA, the Department of Health, Education, The question was taken; and (two- this section. The Secretary may correct any and Welfare, and the Federal Aviation Admin- thirds being in the affirmative) the minor errors in the map referred to in section 2 istration. He added Hawaii and Alaska to the rules were suspended and the bill, as or in the legal descriptions. The map and legal United States and ended the Korean War. amended, was passed. descriptions shall be on file and available for President Eisenhower desegregated the Dis- A motion to reconsider was laid on public inspection in appropriate offices of the Bureau of Land Management. trict of Columbia and sent federal troops into the table. (e) COSTS OF CONVEYANCE.—As a condition of Little Rock, Arkansas, to enforce school inte- f conveyance, any costs related to the conveyance gration. He defused international crises and in- under this section shall be paid by the PUD. augurated the national security policies that DOUGLAS COUNTY, WASHINGTON, (f) DISPOSITION OF PROCEEDS.—The Secretary guided the nation for the next three decades, PUD CONVEYANCE ACT shall deposit the proceeds from the sale in the leading to the peaceful end of the Cold War. Mr. GRIJALVA. Mr. Speaker, I move Federal Land Disposal Account established by A career soldier, Eisenhower championed to suspend the rules and pass the bill section 206 of the Federal Land Transaction Fa- cilitation Act (43 U.S.C. 2305) to be expended to peace, freedom, justice and security, and as (H.R. 523) to require the Secretary of improve access to public lands administered by President he stressed the interdependence of the Interior to convey certain public the Bureau of Land Management in the State of those goals. He spent a lifetime fulfilling his land located wholly or partially within Washington. duty to his country, always remembering to the boundaries of the Wells Hydro- SEC. 4. SEGREGATION OF LANDS. ask what’s best for America. electric Project of Public Utility Dis- (a) WITHDRAWAL.—Except as provided in sec- The development of the Pre-Design Pro- trict No. 1 of Douglas County, Wash- tion 3(a), effective immediately upon enactment gram will produce three books to serve as an ington, to the utility district, as of this Act, and subject to valid existing rights, information packet for potential designers and amended. the public land is withdrawn from— (1) all forms of entry, appropriation, or dis- the eventual design team for the memorial. The Clerk read the title of the bill. posal under the public land laws, and all The reasons for building a memorial to Eisen- The text of the bill is as follows: amendments thereto; hower are only one part of the challenge set H.R. 523 (2) location, entry, and patenting under the out in the Pre-Design Program. Technical con- Be it enacted by the Senate and House of Rep- mining laws, and all amendments thereto; and siderations and guidance from the National resentatives of the United States of America in (3) operation of the mineral leasing, mineral Park Service are also included. Issues from Congress assembled, materials, and geothermal leasing laws, and all amendments thereto. SECTION 1. SHORT TITLE. preserving the historic view to the U.S. Capitol (b) DURATION.—This section expires two years to providing a National Park Service Ranger This Act may be cited as the ‘‘Douglas Coun- after the date of enactment of this Act or on the station at the site are presented. This stage is ty, Washington, PUD Conveyance Act’’. date of the completion of the conveyance under the last major step prior to procuring a design SEC. 2. DEFINITIONS. section 3, whichever is earlier. team. In this Act: SEC. 5. RETAINED AUTHORITY. While the Eisenhower Memorial Commis- (1) PUBLIC LAND.—The term ‘‘public land’’ The Secretary shall retain the authority to sion has so far been able to efficiently man- means the approximately 622 acres of Federal place conditions on the license to insure ade- land managed by the Bureau of Land Manage- quate protection and utilization of the public age the memorialization process, the tasks in- ment and identified for conveyance on the map volved in design and construction require re- land granted to the Secretary in section 4(e) of prepared by the Bureau of Land Management the Federal Power Act (16 U.S.C. 797(e)) until vised administrative and operational authority. entitled ‘‘Douglas County Public Utility District the Federal Energy Regulatory Commission has H.R. 2094 provides the needed revisions and Proposal’’ and dated March 2, 2006. issued a new license for the Wells Hydroelectric will enable the Commission to work more effi- (2) SECRETARY.—The term ‘‘Secretary’’ means Project, to replace the original license expiring ciently and effectively during design and con- the Secretary of the Interior. May 31, 2012, consistent with section 15 of the struction when quick turnaround times are vital (3) PUD.—The term ‘‘PUD’’ means the Public Federal Power Act (16 U.S.C. 808). and daily decisions must be made. The au- Utility District No. 1 of Douglas County, Wash- ington. The SPEAKER pro tempore. Pursu- thority provided in this legislation is based on (4) WELLS HYDROELECTRIC PROJECT.—The ant to the rule, the gentleman from Ar- the authority given to temporary commissions term ‘‘Wells Hydroelectric Project’’ means Fed- izona (Mr. GRIJALVA) and the gen- in existence for up to three years. The Eisen- eral Energy Regulatory Commission Project No. tleman from Texas (Mr. GOHMERT) each hower Memorial Commission has similar 2149. will control 20 minutes.

VerDate Aug 31 2005 01:31 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\A22OC7.015 H22OCPT1 hmoore on PRODPC68 with HMHOUSE H11790 CONGRESSIONAL RECORD — HOUSE October 22, 2007 The Chair recognizes the gentleman Land Management land to the Douglas County the BLM as well as improve vitally needed from Arizona. Public Utility District in Washington state. The public access throughout Washington state. I GENERAL LEAVE Douglas County PUD operates the Wells Hy- urge my colleagues to support this legislation. Mr. GRIJALVA. Mr. Speaker, I ask dropower Project on the Columbia River, in Mr. GOHMERT. Mr. Speaker, I yield unanimous consent that all Members North Central Washington. The PUD manages back the balance of my time. have 5 legislative days to revise and ex- the Wells Hydroelectric Dam and the associ- Mr. GRIJALVA. Mr. Speaker, I yield tend their remarks and include extra- ated reservoir for multiple purposes, including back the balance of my time. neous material on the bill under con- power generation, fish and wildlife protection, The SPEAKER pro tempore. The sideration. and recreation. Almost all of the land encom- question is on the motion offered by The SPEAKER pro tempore. Is there passing the project area is owned by the PUD, the gentleman from Arizona (Mr. objection to the request of the gen- with the exception of several small BLM hold- GRIJALVA) that the House suspend the tleman from Arizona? ings. rules and pass the bill, H.R. 523, as There was no objection. Passing this legislation enables the PUD to amended. Mr. GRIJALVA. Mr. Speaker, the manage the project in a far more efficient The question was taken. Wells Hydroelectric Project, operated manner. It also allows the BLM to concentrate The SPEAKER pro tempore. In the by the Public Utility District in Doug- its limited resources elsewhere, in areas opinion of the Chair, two-thirds being las County, provides electricity to ap- where there are large contiguous blocks of in the affirmative, the ayes have it. proximately 17,000 customers in Wash- BLM land. It is clear that we can achieve a Mr. GRIJALVA. Mr. Speaker, on that ington State. The central feature of better and more efficient management of our I demand the yeas and nays. the project is a dam on the Columbia resources with this land conveyance. The yeas and nays were ordered. River. In addition, since the Douglas PUD is a The SPEAKER pro tempore. Pursu- The utility district is in the early public agency under Washington state law, ant to clause 8 of rule XX and the stages of the Federal Energy Regu- this conveyance simply moves land from the Chair’s prior announcement, further latory Commission’s relicensing proc- control of one public agency to the control of proceedings on this motion will be ess. The project’s current license was another agency. It is also important to note postponed. granted in 1962 and will expire in May that the Douglas PUD has a stellar reputation f 2012. An application for relicensing as a steward of the environment. They worked VIRGIN ISLANDS NATIONAL PARK must be submitted by 2010. diligently with federal and state agencies, tribal SCHOOL LEASE ACT H.R. 523 directs the Secretary of the governments, and environmental groups to de- Mrs. CHRISTENSEN. Mr. Speaker, I Interior to sell 662 acres of BLM land velop a model Habitat Conservation Plan for move to suspend the rules and pass the within the project boundary to the salmon and steelhead. The PUD also protects bill (H.R. 53) to authorize the Secretary utility district and requires the dis- other forms of wildlife and provides public ac- of the Interior to enter into a long- trict to pay the appraised fair market cess wherever possible. term lease with the Government of the value of the land. As my colleagues may recall, similar legisla- United States Virgin Islands to provide Importantly, the legislation requires tion passed the House last year under sus- land on the island of Saint John, Vir- that, even after the conveyance takes pension. There is one important addition to the gin Islands, for the establishment of a place, the Secretary of the Interior will legislation this year. H.R. 523 calls for the pro- school, and for other purposes, as retain authority under the Federal ceeds of this land sale to be used to improve amended. Power Act to place conditions on the public access to existing BLM lands in Wash- The Clerk read the title of the bill. utility district’s new license, if nec- ington state. I am pleased that I was able to The text of the bill is as follows: essary, to protect the natural resources reach a consensus with members of the Nat- H.R. 53 of the area. ural Resources Committee to ensure that the Mr. Speaker, we have worked closely proceeds from this sale will stay in the state Be it enacted by the Senate and House of Rep- resentatives of the United States of America in with the sponsor and our minority col- where the land conveyance occurred—my Congress assembled, leagues on the Natural Resources Com- home state of Washington. I am also pleased SECTION 1. SHORT TITLE. mittee to improve this legislation. We to note that these funds will go towards in- This Act may be cited as the ‘‘Virgin Islands thank them for that and appreciate it creasing the ability of our constituents to ac- National Park School Lease Act’’. very much. cess their public lands. SEC. 2. LONG-TERM LEASE, VIRGIN ISLANDS NA- Mr. Speaker, I reserve the balance of It is my intention to see that these funds go TIONAL PARK, SAINT JOHN, VIRGIN my time. towards projects like the Juniper Dunes Wil- ISLANDS. Mr. GOHMERT. Mr. Speaker, I rise in derness Area in Washington state. Due to its (a) LEASE AUTHORIZED.—The Secretary of the support of H.R. 523 and yield myself Interior may lease to the Government of the close proximity to the Tri-Cities, Juniper Dunes United States Virgin Islands a parcel of real such time as I may consume. is a highly popular recreation area for serious property, including any improvements thereon, First, I would like to thank Com- hikers as well as families who are looking for located within the boundaries of Virgin Islands mittee Chairman RAHALL and Sub- an interesting place to explore with their chil- National Park on the island of Saint John, Vir- committee Chairman GRIJALVA for dren. Despite its popularity, it is extremely dif- gin Islands, as depicted on the map entitled scheduling and for pushing this impor- ficult for the public to visit Juniper Dunes. The ‘‘Virgin Islands National Park School Ex- tant legislation. This straightforward Dunes are currently surrounded by private change’’, numbered 161/80,037, and dated Sep- bill allows for the conveyance of a few lands. Therefore, in order to visit the public tember 19, 2007, for the purpose of providing a small pieces of public land to the Doug- suitable location for the establishment of a area, one has to cross private property. H.R. school by the Government of the United States las Public Utility District for fair mar- 523 gives the BLM the financial resources and Virgin Islands on the island. ket value and then dedicates the sales the flexibility they need to improve access to (b) TERM OF LEASE.—The lease authorized by proceeds to improving public access to Juniper Dunes. subsection (a) may not exceed a term of 99 existing Bureau of Land Management Finally, I am pleased that I was able to work years. lands in Washington State. This con- with the Resources Committee to include lan- (c) AVAILABILITY OF MAP.—The map referred veyance from one public agency to an- guage clarifying that the BLM will retain au- to in subsection (a) shall be on file and avail- other will better facilitate the use of thority under the Federal Power Act for the able for public inspection in the appropriate of- fices of the National Park Service. this land. current FERC relicensing of the Wells project. (d) ADDITIONAL TERMS AND CONDITIONS.—The Congressman DOC HASTINGS is also to This authority will remain with the BLM until a Secretary may require such additional terms be commended for his work. He has new license is in place, which is expected in and conditions in connection with the lease worked and pushed, and it’s great to 2012. under this section as the Secretary considers ap- see this all coming to fruition. Con- I want to thank my colleagues on the Nat- propriate to protect the interests of the United gressman HASTINGS is traveling from ural Resources Committee, specifically Chair- States. his district at this time and cannot be man RAHALL, Ranking Member YOUNG and The SPEAKER pro tempore. Pursu- here. Subcommittee Chairman GRIJALVA and Sub- ant to the rule, the gentlewoman from Mr. HASTINGS of Washington. Madam committee Ranking Member BISHOP and their the Virgin Islands (Mrs. CHRISTENSEN) Speaker, I strongly support H.R. 523, legisla- staffs for all their hard work on this legislation. and the gentleman from Texas (Mr. tion I introduced to convey certain Bureau of H.R. 523 will benefit the Douglas County PUD, GOHMERT) each will control 20 minutes.

VerDate Aug 31 2005 01:31 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K22OC7.025 H22OCPT1 hmoore on PRODPC68 with HMHOUSE October 22, 2007 CONGRESSIONAL RECORD — HOUSE H11791 The Chair recognizes the gentle- FORTUN˜ O, for their support to have this The Clerk read the title of the bill. woman from the Virgin Islands. legislation considered on the floor The text of the bill is as follows: b 1500 today. H.R. 767 I also have to thank the One Campus Be it enacted by the Senate and House of Rep- GENERAL LEAVE Group in St. John, Kirstin Cox, Lorelei resentatives of the United States of America in Mrs. CHRISTENSEN. Mr. Speaker, I Monsanto, Alvis Christian, Ronnie Congress assembled, ask unanimous consent that all Mem- Jones and all of the others for the work SECTION 1. SHORT TITLE. bers may have 5 days to revise and ex- that they have done to get us this far This Act may be cited as the ‘‘Refuge Ecol- tend their remarks and include extra- and to bring the community together ogy Protection, Assistance, and Immediate neous material on the bill under con- in support of the process that is out- Response Act’’. sideration. lined in H.R. 53 when all else failed. SEC. 2. FINDINGS AND PURPOSE. The SPEAKER pro tempore. Is there I urge my colleagues to support the (a) FINDINGS.—The Congress finds the fol- objection to the request of the gentle- people of St. John and to support H.R. lowing: (1) The National Wildlife Refuge System is woman from the Virgin Islands? 53. There was no objection. the premier land conservation system in the Mr. Speaker, I reserve the balance of world. Mrs. CHRISTENSEN. Mr. Speaker, I my time. (2) Harmful nonnative species are the lead- yield myself such time as I may con- Mr. GOHMERT. I do thank my col- ing cause of habitat destruction in national sume to explain the bill. league from the Virgin Islands for out- wildlife refuges. I want to thank the Chair of the Sub- lining H.R. 53. (3) More than 675 known harmful nonnative committee on Parks for coming to the Two-thirds of the island of St. John species are found in the National Wildlife Virgin Islands and having a hearing in is comprised of the Virgin Islands Na- Refuge System. (4) Nearly 8 million acres of the National St. John on this important bill. tional Park. The park’s dominant size This bill, H.R. 53, was introduced by Wildlife Refuge System contain harmful is negatively impacting the quality of nonnative species. me on January 4 of this year to author- life for the growing population there at (5) The cost of early identification and re- ize the Secretary of the Interior to St. John. Without utilizing the park moval of harmful nonnative species is dra- lease land on the island of St. John to land, there is no other suitable prop- matically lower than removing an estab- the Government of the United States erty to build a school on St. John. lished invasive population. Virgin Islands to build a public school. I urge my colleagues to support the (6) The cost of the backlog of harmful non- The legislation is strongly supported bill. We had hoped to consider an native species control projects that need to by the people of the Virgin Islands, amendment to convey the property be carried out in the National Wildlife Ref- uge System is over $361,000,000, and the fail- particularly the residents of St. John. outright for the school, as was offered, The Virgin Islands National Park ure to carry out such projects threatens the but then withdrawn by Congressman ability of the System to fulfill its basic mis- was authorized by Congress in 1956 and JEFF FLAKE during our committee con- sion. established largely by an initial land sideration of this bill. (b) PURPOSE.—The purpose of this Act is to donation by Laurance Rockefeller However, Chairman RAHALL has encourage partnerships among the United through the Jackson Hole Preserve, In- given his support for other long-term States Fish and Wildlife Service, other Fed- corporated. In 1962 and 1978, the park leases, and this bill does establish an eral agencies, States, Indian tribes, and was enlarged by Congress so that it important precedent for the National other interests for the following objectives: now takes up almost two-thirds of St. (1) To protect, enhance, restore, and man- Park Service. age a diversity of habitats for native fish and John, which is only 22 square miles. We support the bill. It is for a great wildlife resources within the National Wild- For at least the past three decades, purpose. I would urge my colleagues to life Refuge System through control of harm- the Government of the Virgin Islands support this, since we don’t have an ful nonnative species. and the National Park Service have amendment to give it outright to my (2) To promote the development of vol- been discussing the question of secur- colleague, but, in the meantime, we untary State assessments to establish prior- ing suitable land on the island of St. support this bill and wish the project ities for controlling harmful nonnative spe- John to construct the public school. well. cies that threaten or negatively impact ref- uge resources. Since the 1970s, public school enroll- Mr. Speaker, I yield back the balance ment on St. John has more than dou- (3) To promote greater cooperation among of my time. Federal, State, and local land and water bled, and the U.S. VI Government owns Mrs. CHRISTENSEN. I thank the managers, and owners of private land, water no land on the island to expand either gentleman for his support. rights, or other interests, to implement eco- of the two public schools that now Mr. Speaker, I yield back the balance logically based strategies to eradicate, miti- exist or to build a new one. of my time. gate, and control harmful nonnative species The two existing public schools, Ju- The SPEAKER pro tempore. The that threaten or negatively impact refuge re- lius E. Sprauve and the Guy H. Ben- question is on the motion offered by sources through a voluntary and incentive- jamin Elementary School, only accom- the gentlewoman from the Virgin Is- based financial assistance grant program. modate children up to the ninth grade. (4) To establish an immediate response ca- lands (Mrs. CHRISTENSEN) that the pability to combat incipient harmful non- St. Johnian high school children have House suspend the rules and pass the native species invasions. to travel to St. Thomas, 20 minutes by bill, H.R. 53, as amended. SEC. 3. DEFINITIONS. ferry over open ocean to complete their The question was taken; and (two- For the purposes of this Act: secondary education. thirds being in the affirmative) the (1) ADVISORY COMMITTEE.—The term ‘‘Advi- The Julius E. Sprauve School is in rules were suspended and the bill, as sory Committee’’ means the Invasive Species the middle of a heavily trafficked area, amended, was passed. Advisory Committee established by section 3 which really threatens and puts the A motion to reconsider was laid on of Executive Order 13112, dated February 3, lives of our children at risk as they the table. 1999. (2) APPROPRIATE COMMITTEES.—The term come to and from school. About 2 years f ago, a second-grade student was killed ‘‘appropriate Committees’’ means the Com- REFUGE ECOLOGY PROTECTION, mittee on Natural Resources of the House of leaving a Christmas party. The schools Representatives and the Committee on Envi- are not in the best location; especially ASSISTANCE, AND IMMEDIATE RESPONSE ACT ronment and Public Works of the Senate. that school is not in the best location (3) CONTROL.—The term ‘‘control’’ means, for our students. Ms. BORDALLO. Mr. Speaker, I move as appropriate, eradicating, suppressing, re- It is clear that with limited land and to suspend the rules and pass the bill ducing, or managing harmful nonnative spe- the continued growth and population, (H.R. 767) to protect, conserve, and re- cies from areas where they are present; tak- this legislation is critically needed. store native fish, wildlife, and their ing steps to detect early infestations on at- risk native habitats; and restoring native I want to thank Chairman RAHALL natural habitats at national wildlife species and habitats to reduce the effects of and Ranking Member DON YOUNG and refuges through cooperative, incentive- harmful nonnative species. Subcommittee Parks Chairman RAU´ L based grants to control, mitigate, and (4) ENVIRONMENTAL SOUNDNESS.—The term GRIJALVA and Insular Affairs Sub- eradicate harmful nonnative species, ‘‘environmental soundness’’ means the ex- committee ranking member, LUIS and for other purposes, as amended. tent of inclusion of methods, efforts, actions,

VerDate Aug 31 2005 04:20 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K22OC7.027 H22OCPT1 hmoore on PRODPC68 with HMHOUSE H11792 CONGRESSIONAL RECORD — HOUSE October 22, 2007 or programs to prevent or control infesta- tion, Assistance, and Immediate Response backlog attributed to harmful nonnative spe- tions of harmful nonnative species, that— Grant Program’’ or the ‘‘REPAIR Program’’. cies on refuge resources. (A) minimize adverse impacts to the struc- (b) FUNCTIONS OF THE SECRETARY.— (B) Whether a project will encourage in- ture and function of an ecosystem and ad- (1) IN GENERAL.—The Secretary shall— creased coordination and cooperation among verse effects on nontarget species and eco- (A) publish guidelines for and solicit appli- one or more Federal agencies and State or systems; and cations for grants under this section not local government agencies or nongovern- (B) emphasize integrated management later than 6 months after the date of enact- mental or other private entities to control techniques. ment of this Act; harmful nonnative species threatening or (5) HARMFUL NONNATIVE SPECIES.—The term (B) receive, review, evaluate, and approve negatively impacting refuge resources. ‘‘harmful nonnative species’’ means, with re- applications for grants under this section; (C) Whether a project fosters public-pri- spect to a particular ecosystem in a par- (C) consult with the Advisory Committee vate partnerships and uses Federal resources ticular region, any species, including its on the projects proposed for grants under to encourage increased private sector in- seeds, eggs, spores, or other biological mate- this section, including regarding the sci- volvement, including consideration of the rial capable of propagating that species, that entific merit, technical merit, feasibility, amount of private funds or in-kind contribu- is not native to that ecosystem and has a de- and priority of proposed projects for such tions to control harmful nonnative species or monstrable or potentially demonstrable neg- grants; and national wildlife refuge lands or non-Federal ative environmental or economic impact in lands in proximity to refuge resources. (D) consult with the Advisory Committee that region. (D) The extent to which a project would regarding the development of the database (6) INDIAN TRIBE.—The term ‘‘Indian tribe’’ aid the conservation of species that are list- required under subsection (j). has the meaning given that term in section ed under the Endangered Species Act of 1973 (2) DELEGATION OF AUTHORITY.—The Sec- 4 of the Indian Self-Determination and Edu- (16 U.S.C. 1531 et seq.). retary may delegate to another Federal in- cation Assistance Act (25 U.S.C. 450b). (E) Whether a project includes pilot test- strumentality the authority of the Secretary (7) NATIONAL MANAGEMENT PLAN.—The term ing or a demonstration of an innovative under this section, other than the authority ‘‘National Management Plan’’ means the technology having the potential for im- to approve applications for grants and make management plan referred to in section 5 of proved cost-effectiveness in controlling grants. Executive Order 13112 of February 3, 1999, and harmful nonnative species. entitled ‘‘Meeting the Invasive Species Chal- (c) FUNCTIONS OF THE ADVISORY COM- (F) The extent to which a project considers lenge’’. MITTEE.—The Advisory Committee shall— the potential for unintended consequences of (1) consult with the Secretary to create (8) REFUGE RESOURCES.—The term ‘‘refuge control methods on ecosystems and includes resources’’ means all lands and waters, in- criteria and guidelines for grants under this contingency measures. cluding the fish and wildlife species and the section; (f) DISTRIBUTION OF CONTROL GRANT ecosystems and habitats therein, that are (2) consult with the Secretary regarding AWARDS.—In making grants for control owned and managed by the Federal Govern- whether proposed control projects are quali- projects under this section the Secretary ment through the United States Fish and fied control projects; and shall, to the greatest extent practicable, en- Wildlife Service and located within the Na- (3) carry out functions relating to moni- sure— tional Wildlife Refuge System administered toring control projects under subsection (j). (1) a balance of smaller and larger projects under the National Wildlife Refuge Adminis- (d) ELIGIBLE APPLICANT.—To be an eligible conducted with grants under this section; tration Act of 1966 (16 U.S.C. 668dd et seq.), applicant for purposes of subsection (a)(1), an and including any waterfowl production area. applicant shall— (2) an equitable geographic distribution of (9) SECRETARY.—The term ‘‘Secretary’’ (1) be a State, local government, interstate projects carried out with grants under this means the Secretary of the Interior, acting or regional agency, university, or private section, among all regions and States within through the Director of the United States person; which such projects are proposed to be con- Fish and Wildlife Service. (2) have adequate personnel, funding, and ducted. (10) STATE.—The term ‘‘State’’ means each authority to carry out and monitor or main- (g) GRANT DURATION.— of the several States of the United States, tain a control project; and (1) IN GENERAL.—Each grant under this sec- the District of Columbia, the Commonwealth (3) have entered into an agreement with tion shall be to provide funding for the Fed- of Puerto Rico, the Virgin Islands, Guam, the Secretary or a designee of the Secretary, eral share of the cost of a project carried out American Samoa, the Commonwealth of the for a national wildlife refuge or refuge com- with the grant for up to 2 fiscal years. Northern Mariana Islands, any other terri- plex. (2) RENEWAL.—(A) If the Secretary, after tory or possession of the United States, and (e) QUALIFIED CONTROL PROJECT.— reviewing the reports under subsection (h) any Indian tribe. (1) IN GENERAL.—To be a qualified control regarding a control project, finds that the project under this section, a project shall— SEC. 4. REFUGE ECOLOGY PROTECTION, ASSIST- project is making satisfactory progress, the ANCE, AND IMMEDIATE RESPONSE (A) control harmful nonnative species on Secretary may renew a grant under this sec- (REPAIR) GRANT PROGRAM. the lands or waters on which it is conducted; tion for the project for an additional 3 fiscal (a) IN GENERAL.—The Secretary may pro- (B) include a plan for monitoring the years. vide— project area and maintaining effective con- (B) The Secretary may renew a grant (1) a grant to any eligible applicant to trol of harmful nonnative species after the under this section to implement the moni- carry out a qualified control project in ac- completion of the project, that is consistent toring and maintenance plan required for a cordance with this section; and with standards for monitoring developed control project under subsection (e)(1)(B) for (2) a grant to any State to carry out an as- under subsection (j); up to 5 fiscal years after the project is other- sessment project consistent with relevant (C) be conducted in partnership with a na- wise completed. State plans that have been developed in tional wildlife refuge or refuge complex; (h) REPORTING BY GRANTEE.— whole or in part for the conservation of na- (D) be conducted on lands or waters, other (1) IN GENERAL.—(A) A grantee carrying tive fish, wildlife, and their habitats, and in than national wildlife refuge lands or waters, out a control project with a grant under this accordance with this section, to— that, for purposes of carrying out the section shall report to the Secretary every 24 (A) identify harmful nonnative species that project, are under the control of the eligible months or at the expiration of the grant, occur in the State that threaten or nega- applicant applying for the grant under this whichever is of shorter duration. tively impact refuge resources; section and on adjacent national wildlife ref- (B) A State carrying out an assessment (B) assess the needs to restore, manage, or uge lands or waters administered by the project with a grant under this section shall enhance native fish and wildlife and their United States Fish and Wildlife Service re- submit the assessment pursuant to sub- natural habitats and processes in the State ferred to in subparagraph (C), that are— section (a)(2) to the Secretary no later than to compliment activities to control, miti- (i) administered for the long-term con- 24 months after the date on which the grant gate, or eradicate harmful nonnative species servation of such lands and waters and the is awarded. negatively impacting refuge resources; native fish and wildlife dependent thereon; (2) REPORT CONTENTS.—Each report under (C) identify priorities for actions to ad- and this subsection shall include the following dress such needs; (ii) managed to prevent the future reintro- information with respect to each project cov- (D) identify mechanisms to increase capac- duction or dispersal of harmful nonnative ered by the report: ity building in a State or across State lines species from the lands and waters on which (A) In the case of a control project— to conserve and protect native fish and wild- the project is carried out; and (i) the information described in subpara- life and their habitats and to detect and con- (E) encourage public notice and outreach graphs (B), (D), and (F) of subsection (k)(2); trol harmful nonnative species that might on control project activities in the affected (ii) specific information on the methods threaten or negatively impact refuge re- community. and techniques used to control harmful non- sources within the State; and (2) OTHER FACTORS FOR SELECTION OF native species in the project area; and (E) incorporate, where applicable, the PROJECTS.—In ranking qualified control (iii) specific information on the methods guidelines of the National Management projects, the Director may consider the fol- and techniques used to restore native fish, Plan. lowing: wildlife, or their habitats in the project area. The grant program under this section shall (A) The extent to which a project would (B) A detailed report of the funding for the be known as the ‘‘Refuge Ecology Protec- address the operational and maintenance grant and the expenditures made.

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(3) INTERIM UPDATE.—Each grantee under section, including descriptions of, and part- port on activities carried out with assistance subsection (h)(1)(A) of this section shall also ners involved with, control projects selected, under this section in accordance with the re- submit annually a brief synopsis to the Sec- in progress, and completed under this sec- quirements that apply with respect to con- retary, either electronically or in writing, tion; trol projects carried out with assistance that includes— (C) trends in the population size and dis- under section 4. (A) a chronological list of project progress; tribution in the project areas of native spe- SEC. 6. COOPERATIVE VOLUNTEER HARMFUL and cies targeted for restoration, and in areas in NON-NATIVE SPECIES MONITORING (B) use of awarded funds. proximity to refuge resources as defined by AND CONTROL PROGRAM. (i) COST SHARING FOR PROJECTS.— the Secretary; (a) IN GENERAL.—Consistent with the Na- (1) FEDERAL SHARE.—Except as provided in (D) an estimate of the long-term success of tional Wildlife Refuge System Volunteer and paragraphs (2) and (3), the Federal share of varying conservation techniques used in car- Community Partnership Enhancement Act the cost of a project carried out with a grant rying out control projects with grants under of 1998 (Public Law 105–242), the Secretary under this section shall not exceed 75 percent this section; shall establish a cooperative volunteer harmful non-native species monitoring and of such cost. (E) an assessment of the status of control control program to administer and coordi- (2) INNOVATIVE TECHNOLOGY COSTS.—The projects carried out with grants under this nate projects implemented by partner orga- Federal share of the incremental additional section, including an accounting of expendi- nizations concerned with national wildlife cost of including in a control project any tures by the United States Fish and Wildlife pilot testing or a demonstration of an inno- refuges to address harmful non-native spe- Service, State, regional, and local govern- cies that threaten national wildlife refuges vative technology described in subsection ment agencies, and other entities to carry (e)(2)(E) shall be 85 percent. or adjacent lands. out such projects; LIGIBLE CTIVITIES (3) PROJECTS ON REFUGE LANDS OR WA- (b) E A .—Each project ad- (F) a review of the environmental sound- ministered and coordinated under this sec- TERS.—The Federal share of the cost of the ness of the control projects carried out with tion shall include one of the following activi- portion of a control project funded with a grants under this section; grant under this section that is carried out ties: (G) a review of efforts made to maintain an (1) Habitat surveys. on national wildlife refuge lands or waters, appropriate database of grants under this including the cost of acquisition by the Fed- (2) Detection and identification of new in- section; and troductions or infestations of harmful non- eral Government of lands or waters for use (H) a review of the geographical distribu- for such a project, shall be 100 percent. native species. tion of Federal money, matching funds, and (3) Harmful non-native species control (4) APPLICATION OF IN-KIND CONTRIBU- in-kind contributions for control projects projects. TIONS.—The Secretary may apply to the non- carried out with grants under this section. Federal share of costs of a control project (4) Public education and outreach to in- (l) COOPERATION OF NON-FEDERAL INTER- crease awareness concerning harmful non- carried out with a grant under this section ESTS.—The Secretary may not make a grant the fair market value of services or any native species and their threat to the refuge under this section for a control project on system. other form of in-kind contribution to the national wildlife refuge lands or lands in project made by non-Federal interests that SEC. 7. RELATIONSHIP TO OTHER AUTHORITIES. proximity to refuge resources before a non- (a) AUTHORITIES, ETC. OF SECRETARY.— the Secretary determines to be an appro- Federal interest has entered into a written priate contribution equivalent to the mone- Nothing in this Act affects authorities, re- agreement with a national wildlife refuge or sponsibilities, obligations, or powers of the tary amount required for the non-Federal refuge complex under which the non-Federal share of the activity. Secretary under any other statute. interest agrees to— (b) STATE AUTHORITY.—Nothing in this Act (5) DERIVATION OF NON-FEDERAL SHARE.— (1) monitor and maintain the control preempts any provision or enforcement of The non-Federal share of the cost of a con- project in accordance with the plan required State statute or regulation relating to the trol project carried out with a grant under under subsection (e)(1)(B); and management of fish and wildlife resources this section may not be derived from a Fed- (2) provide any other items of cooperation within such State. eral grant program or other Federal funds. the Secretary considers necessary to carry SEC. 8. BIENNIAL REPORT. (j) MONITORING AND MAINTENANCE OF CON- out the project. The Secretary shall prepare and submit to TROL GRANT PROJECTS.— SEC. 5. CREATION OF AN IMMEDIATE RESPONSE the Congress by not later than 2 years after (1) REQUIREMENTS.—The Secretary, in con- CAPABILITY TO HARMFUL NON- the date of the enactment of this Act and bi- sultation with the Advisory Committee, NATIVE SPECIES. ennially thereafter— shall develop requirements for the moni- (a) ESTABLISHMENT.—The Secretary may (1) a comprehensive report summarizing all toring and maintenance of a control project provide financial assistance for a period of grant activities relating to invasive species to ensure that the requirements under sub- one fiscal year to enable an immediate re- initiated under this Act including— sections (e)(1)(A) and (B) are achieved. sponse to outbreaks of harmful nonnative (A) State assessment projects; (2) DATABASE OF GRANT PROJECT INFORMA- species that threaten or may negatively im- (B) qualified control projects; TION.—The Secretary shall develop and main- pact refuge resources that are at a stage at (C) immediate response activities; and tain an appropriate database of information which rapid eradication or control is pos- (D) projects identified in the Refuge Oper- concerning control projects carried out with sible, and ensure eradication or immediate ations Needs database or the Service Asset grants under this subsection, including infor- control of the harmful nonnative species. and Maintenance Management System data- mation on project techniques, project com- (b) REQUIREMENTS FOR ASSISTANCE.—The base of the United States Fish and Wildlife pletion, monitoring data, and other relevant Secretary shall provide assistance under this Service. information. section, with the concurrence of the Gov- (2) a list of grant priorities, ranked in high, (3) USE OF EXISTING PROGRAMS.—The Sec- ernor of a State, to local and State agencies, medium, and low categories, for future grant retary shall use existing programs within universities, or nongovernmental entities for activities in the areas of— the Department of the Interior to create and the eradication of an immediate harmful (A) early detection and rapid response; maintain the database required under this nonnative species threat only if— (B) control, management, and restoration; subsection. (1) there is a demonstrated need for the as- (C) research and monitoring; (4) PUBLIC AVAILABILITY.—The Secretary sistance; (D) information management; and shall make the information collected and (2) the harmful nonnative species is consid- (E) public outreach and partnership efforts; maintained under this subsection available ered to be an immediate threat to refuge re- and to the public. sources, as determined by the Secretary; and (3) information required to be included (k) REPORTING BY THE SECRETARY.— (3) the proposed response to such threat— under section 4(k). (1) IN GENERAL.—The Secretary shall, by (A) is technically feasible; and SEC. 9. AUTHORIZATION OF APPROPRIATIONS. not later than 3 years after the date of the (B) minimizes adverse impacts to the enactment of this Act and biennially there- (a) IN GENERAL.—There are authorized to structure and function of national wildlife be appropriated to carry out this Act such after in the report under section 8, report to refuge ecosystems and adverse effects on the appropriate Committees on the imple- sums as may be necessary. nontarget species. (b) ALLOWANCE FOR IMMEDIATE RESPONSE.— mentation of this section. (c) AMOUNT OF FINANCIAL ASSISTANCE.—The Of the amounts appropriated to carry out (2) REPORT CONTENTS.—A report under Secretary shall determine the amount of fi- this Act no more than 25 percent shall be paragraph (1) shall include an assessment nancial assistance to be provided under this available in any fiscal year for financial as- of— section with respect to an outbreak of a sistance under section 5. (A) trends in the population size and dis- harmful nonnative species, subject to the (c) CONTINUING AVAILABILITY.—Amounts tribution of harmful nonnative species in the availability of appropriations. appropriated under this Act may remain project area for each control project carried (d) COST SHARE.—The Federal share of the available until expended. out with a grant under this section, and in cost of any activity carried out with assist- (d) ADMINISTRATIVE EXPENSES.—Of the adjacent areas as defined by the Sec- ance under this section may be up to 100 per- amounts available each fiscal year to carry retary; cent. out this Act, the Secretary may expend not (B) data on the number of acres of refuge (e) MONITORING AND REPORTING.—The Sec- more than 3 percent or up to $100,000, which- resources and native fish and wildlife habitat retary shall require that persons receiving ever is greater, to pay the administrative ex- restored, protected, or enhanced under this assistance under this section monitor and re- penses necessary to carry out this Act.

VerDate Aug 31 2005 01:31 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\A22OC7.022 H22OCPT1 hmoore on PRODPC68 with HMHOUSE H11794 CONGRESSIONAL RECORD — HOUSE October 22, 2007 The SPEAKER pro tempore. Pursu- the nightmare floating plant finds invasive species that come into lakes ant to the rule, the gentlewoman from itself in a new lake, and it can take and to parks and take over and destroy Guam (Ms. BORDALLO) and the gen- over. It doubles its size in less than a the native habitat that we are trying tleman from Texas (Mr. GOHMERT) each week, and in no time covers acres, to preserve. I have to say, when we had will control 20 minutes. shutting off sunlight, killing off plants this meeting that went on for a number The Chair recognizes the gentle- underneath, which results in aquatic of hours, I don’t recall one time during woman from Guam. life dying. It must be fought and eradi- the entire meeting where anybody ever GENERAL LEAVE cated without doing damage to the asked what party anybody ever sup- Ms. BORDALLO. Mr. Speaker, I ask lake during the fight. Such a battle ported politically. It was all about try- unanimous consent that all Members takes many good minds and hard work- ing to protect what God had graced may have 5 legislative days to revise ers coming together to prevent this this country with, and it is wonderful and extend their remarks and to in- creeping menace from being the last to see that kind of support. clude extraneous material on the bill thing left in a lake alive. But what is very clear is that we can- under consideration. In Louisiana, there are cities like not fight off these nonnative invasive The SPEAKER pro tempore. Is there Shreveport whose sources of drinking species unless we work together in a bi- objection to the request of the gentle- water are being put in jeopardy by this partisan, in a cumulative fashion with woman from Guam? freak of nature. Just recently I toured all these different scientists, biolo- There was no objection. Caddo Lake, the largest freshwater gists, governmental groups coming to- Ms. BORDALLO. Mr. Speaker, I yield natural lake at one time and a true gether, because it affects so many dif- myself such time as I may consume. treasure for America with its cypress ferent areas. It’s one of the reasons I H.R. 767, as amended, would give the trees, Spanish moss, and unusual fish. am so grateful to my friend from Guam Secretary of the Interior additional We had a joint task force of biologists and for all of those that have worked tools to combat harmful nonnative spe- and brilliant environmental problem- to help make this possible. We have got cies that are hurting native wildlife solvers from Federal, State, private to preserve what we have got, and this and plants on our national wildlife ref- groups, who all had the same goal: is one of the ways to do it. uges. I commend the author of this bill, eradicate the invasion of this foreign Mr. Speaker, I reserve the balance of Representative RON KIND, for his lead- species without doing damage to the my time. Ms. BORDALLO. Mr. Speaker, I want ership and on other matters affecting lake. to thank my dear friend across the the National Wildlife Refuge System. I just want to read a list of the types H.R. 767, as amended, authorizes the of people that are willing to come to- aisle, Mr. GOHMERT, the gentleman Secretary of the Interior to issue gether when we deal with something from Texas, for his very kind words. Mr. Speaker, I recognize the gen- grants to States to assess the extent of that is such a grave threat to our water tleman, my colleague from American invasive species affecting refuges. The supplies. Samoa (Mr. FALEOMAVAEGA) for 1 Secretary may also provide matching We had Dan Turner, representing Congressman JIM MCCRERY of Lou- minute. grants to entities for the control, miti- (Mr. FALEOMAVAEGA asked and gation, and eradication of invasive spe- isiana; Ken Shaw, chairman, Cypress Valley Navigation District; Robert was given permission to revise and ex- cies on refuges and adjoining non-Fed- tend his remarks.) Speight, President, Greater Caddo eral lands. Mr. FALEOMAVAEGA. I do want to Lake Association; Jack Canson, com- The bill, as amended, includes a pro- commend the distinguished gentlelady vision authorizing the Secretary to munity response coordinator; Mark who serves as Chair of our Fisheries, give States financial assistance to ad- Williams, U.S. Fish and Wildlife, Caddo Wildlife and Oceans Subcommittee in dress invasive species outbreaks in Lake National Wildlife Refuge man- the Natural Resources Committee, and emergency situations. ager; Al Tasker, USDA/Animal Plant I want to associate myself with the H.R. 767, as amended, will encourage Health Inspection Service; Dustin comments made earlier by our col- the development of partnerships to ad- Grant, USDA/Plant Protection and league from the other side of the aisle, dress the threat of invasive species on Quarantine, State operations support the gentleman from Texas. This is not a cooperative landscape basis. I urge officer; Dr. Earl Chilton, Texas Parks a Republican or Democratic issue. This adoption of the bill, as amended. & Wildlife, and a member of the is something that really is important Mr. Speaker, I reserve the balance of Invasive Species Advisory Committee that serves the best interests of our my time. for the National Invasive Species Coun- Nation. Mr. GOHMERT. Mr. Speaker, I rise in cil, Department of the Interior; Paul I know my good friend, the gen- support of H.R. 767, the REPAIR Act, Hoffman, Deputy Assistant Secretary, tleman from Wisconsin, would have as it is called, and yield myself such Department of Interior/NISC; also Dr. been here on the floor, but I am sure he time as I may consume. Michael Grodowitz, U.S. Army Corps of probably had some transportation I would like to also congratulate and Engineers, biocontrol expert; Dr. problems coming here today. I want to thank my dear friend from Guam. She Randy Westbrooks, U.S. Geological commend him especially for his leader- gives hope to this country and encour- Survey, invasive plant coordinator; ship and for the tremendous service agement by showing that there is class Judge Richard Anderson, Harrison that he has rendered in promoting the and there is graciousness in this body, County judge; Jerry Lomax, Harrison interests of wildlife and refuge con- and it exists in the delegate from County Precinct 1 commissioner; C.E. servation measures, also as a distin- Guam. She also carries that out as Bourne, Marion County Precinct 3 guished member of the subcommittee; chairman of the subcommittee. commissioner for Judge Parker; Sam but I also want to note that I know he Now, the effectiveness of the RE- Canup, mayor of the City of Uncertain, would have spoken, and not only in PAIR Act will be in direct proportion and that is a real city, Uncertain, support of a bill that he has sponsored, to the amount of money Congress allo- Texas; Jay Webb, Caddo Lake Chamber but certainly for his knowledge and his cates. We simply cannot afford to let of Commerce; Bill Abney, Red River commitment in dealing with the issues our wildlife refuges be systematically Compact; Walt Sears, manager, North- and conservation and wildlife refuges. destroyed by invasive species, and that east Texas Municipal Water District; Mr. GOHMERT. Mr. Speaker, once is happening. This legislation is a posi- Dwight Shellman, Caddo Lake Insti- again, some people advocate mechan- tive step because it offers hope in the tute; Todd Dickenson, manager, Caddo ical removal of an invasive species; fight against invasives in the future. Lake State Park; Alan Grantham, Dal- others advocate using natural means, One such species is the giant silvinia, las Caddo Club; Connie Ware, Marshall whether it’s an insect or a fish or a plant that has made its way across Chamber of Commerce; Dr. Jim Harris, something to help control an invasive many lakes as it has entered Texas. It Marshall Chamber of Commerce, Water species. Some offer that there are is a small harmless-looking little Committee Chair; and Sam Moseley of chemical means for dealing with those. aquatic plant that finds itself on boat Marshall. But unless we come together on a bill trailers leaving a lake. When the boat It just points up how important what like this, bringing all the different en- trailer is lowered into another lake, this bill addresses is. These are tities with all the difference weapons

VerDate Aug 31 2005 01:31 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K22OC7.030 H22OCPT1 hmoore on PRODPC68 with HMHOUSE October 22, 2007 CONGRESSIONAL RECORD — HOUSE H11795 at their command, we are not going to All grants would be awarded on a competi- (H.R. 1205) to reauthorize the Coral be able to control some of these spe- tive basis and include monitoring and reporting Reef Conservation Act of 2000, and for cies. Some of them, like the giant requirements to ensure proper oversight ability other purposes, as amended. silvinia, are so resistant to so much, by the Fish and Wildlife Service. The Federal The Clerk read the title of the bill. and they hide among other plants until grants would cover 100 percent of the cost for The text of the bill is as follows: they take over and just spread so rap- projects within refuges and for immediate re- H.R. 1205 idly, that we must come together. sponse projects, but a non-Federal cost share Be it enacted by the Senate and House of Rep- It is gratifying to see such bipartisan of at least 25 percent would be required for resentatives of the United States of America in effort in trying to hold on to the land REPAIR grants on adjacent lands. Congress assembled, we love. In short, Mr. Speaker, the REPAIR Act SECTION 1. SHORT TITLE. Mr. KIND. Mr. Speaker, I rise today in brings together the public and private sectors This Act may be cited as the ‘‘Coral Reef strong support of H.R. 767, the Refuge Ecol- to ensure the future of our Wildlife Refuge Conservation Amendments Act of 2007’’. ogy Protection, Assistance, and Immediate System. These are special places unlike any SEC. 2. EXPANSION OF CORAL REEF CONSERVA- Response Act, which I authored. Passage of TION PROGRAM. other in the world. They are the only Federal (a) PROJECT DIVERSITY.—Section 204(d) of this legislation today will bring us one step land system devoted primarily to the preserva- closer to giving our National Wildlife Refuge the Coral Reef Conservation Act of 2000 (16 tion of our unique wildlife resources. I know U.S.C. 6403(d)) is amended— System a vital tool in the war being waged from my countless hours spent taking in the (1) in the heading by striking ‘‘GEOGRAPHIC against invasive species. grandeur of the Upper Mississippi River Na- AND BIOLOGICAL’’ and inserting ‘‘PROJECT’’; For too long, our National Wildlife Refuges tional Wildlife and Fish Refuge, admiring the and have been overlooked and neglected. The special beauty of Trempealeau NWR, or (2) by striking paragraph (3) and inserting Refuge System has forged on as a System proudly watching the whooping cranes take off the following: under siege from a number of fronts. Para- ‘‘(3) Remaining funds shall be awarded mount among these has been the steady from Necedah NWR behind their ultralight for— march of invasive plants and animals that guide, that these places are an integral part of ‘‘(A) projects (with priority given to com- have come from other places and literally the American experience that deserve special munity-based local action strategies) that taken over, crowding out the very wildlife and protection. address emerging priorities or threats, in- I would like to thank my fellow co-chairs of cluding international and territorial prior- habitat the refuges are charged with pro- ities, or threats identified by the Adminis- tecting. Experts and refuge managers at the the Congressional National Wildlife Refuge Caucus, JIM SAXTON, MIKE THOMPSON, and trator in consultation with the Coral Reef Fish and Wildlife Service have identified Task Force; and MIKE CASTLE for helping promote our Refuge invasives as the number one threat to the bio- ‘‘(B) other appropriate projects, as deter- logical integrity of our National Wildlife Ref- System here in the House, and for their sup- mined by the Administrator, including moni- uges. Nevertheless, without the resources to port of H.R. 767. I also extend my great toring and assessment, research, pollution maintain even the most basic functions and in- thanks to Natural Resources Committee Chair- reduction, education, and technical sup- frastructure—indeed, many refuge units do not man RAHALL and Fisheries, Wildlife and port.’’. Oceans Subcommittee Chairwoman BORDALLO (b) APPROVAL CRITERIA.—Section 204(g) of have any dedicated staff at all—refuges have that Act (16 U.S.C. 6403(g)) is amended— been able to do little to respond to invasive for their support and for helping this bill get through the committee process and to the (1) by striking ‘‘or’’ after the semicolon in species. paragraph (9); This House has affirmed its commitment to floor today. Finally, I thank Dave Jansen and (2) by striking paragraph (10); and our wildlife refuges by approving the largest- the rest of the committee staff for their exper- (3) by inserting after paragraph (9) the fol- ever budget increase for the Refuge System in tise and tireless work on behalf of our Nation’s lowing: the FY08 Interior Appropriations bill. This tremendous natural endowment. ‘‘(10) promoting activities designed to min- money will begin to bring the System’s budget H.R. 767 makes good policy by fostering co- imize the likelihood of vessel impacts on to a level where it can stop cutting employees operation between government and private en- coral reefs, particularly those areas identi- and shuttering refuges and begin to address tities in pursuit of a common goal in the na- fied under section 210(b), including the pro- motion of ecologically sound navigation and its pressing maintenance and management tional interest. I urge my colleagues to support its passage today so we can begin to protect anchorages near coral reefs; or needs. This is a good start. But with all the ‘‘(11) promoting and assisting entities to challenges that face our refuges, there is still America’s National Wildlife Refuges from fur- work with local communities, and all appro- a great need to focus resources on preventing ther attack and degradation. We owe it to fu- priate governmental and nongovernmental the spread of invasive species. That is why we ture generations of hunters, anglers, wildlife organizations, to support community-based must pass the REPAIR Act here today. enthusiasts, and nature lovers of all types to planning and management initiatives for the H.R. 767 authorizes new grants that will preserve creatures and habitats that are dis- protection of coral reef ecosystems.’’. bring the Fish and Wildlife Service together tinctly American. SEC. 3. EMERGENCY RESPONSE. with State agencies, community groups, and Mr. GOHMERT. Mr. Speaker, I yield Section 206 of the Coral Reef Conservation private citizens to form a united front against back the balance of my time and urge Act of 2000 (16 U.S.C. 6405) is amended to read invasives. The bill confronts the challenge of my colleagues to support this bill. as follows: invasive species through a two-pronged ap- Ms. BORDALLO. I thank the gen- ‘‘SEC. 206. EMERGENCY RESPONSE ACTIONS. tleman from Texas for his very sup- ‘‘(a) IN GENERAL.—The Administrator may proach. First, it authorizes immediate re- undertake or authorize action necessary— sponse grants when a harmful non-native spe- portive words on this particular meas- ‘‘(1) to minimize the destruction or loss of, cies has been identified as an immediate ure. or injury to, a coral reef from— threat to a refuge at a stage at which rapid Mr. Speaker, I yield back the balance ‘‘(A) vessel impacts, derelict fishing gear, eradication is possible. This way we will be of my time. vessel anchors, and anchor chains; and able to prevent new invasive species from tak- The SPEAKER pro tempore. The ‘‘(B) from unforeseen or disaster-related ing hold and wreaking havoc on refuge eco- question is on the motion offered by circumstances; and systems. the gentlewoman from Guam (Ms. ‘‘(2) to stabilize, repair, recover, or restore The second line of defense in the bill are BORDALLO) that the House suspend the such coral reef. REPAIR grants, which contribute to a more ‘‘(b) VESSEL REMOVAL; RESTABILIZATION.— rules and pass the bill, H.R. 767, as Action authorized by subsection (a) includes long-term strategy for combating existing amended. vessel removal and emergency restabiliza- invasives. These grants would go to States, The question was taken; and (two- tion of the vessel or any impacted coral reef. local governments, community groups, or indi- thirds being in the affirmative) the ‘‘(c) PARTNERING WITH OTHER FEDERAL viduals to remove harmful non-native species rules were suspended and the bill, as AGENCIES.—When possible, action by the Ad- and promote native species and their habitat amended, was passed. ministrator under this section should— on lands and waters in and adjacent to Na- A motion to reconsider was laid on ‘‘(1) be conducted in partnership with other tional Wildlife Refuges. Additionally, the grants the table. government agencies as appropriate, includ- could be used to complete assessment ing— f ‘‘(A) the Coast Guard, the Federal Emer- projects consistent with existing State wildlife gency Management Agency, the Army Corps conservation plans to identify invasive species, CORAL REEF CONSERVATION AMENDMENTS ACT OF 2007 of Engineers, and the Department of the In- assess the needs on the ground, and target terior; and resources to address the problem adequately Ms. BORDALLO. Mr. Speaker, I move ‘‘(B) agencies of States and territories of and efficiently. to suspend the rules and pass the bill the United States; and

VerDate Aug 31 2005 01:37 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K22OC7.031 H22OCPT1 hmoore on PRODPC68 with HMHOUSE H11796 CONGRESSIONAL RECORD — HOUSE October 22, 2007 ‘‘(2) leverage resources of other agencies. the continued availability of those bene- purposes of this Act and are consistent with ‘‘(d) EMERGENCY RESPONSE ASSISTANCE BY fits.’’. the national coral reef strategy under sec- OTHER FEDERAL AGENCIES.— (b) GOALS AND OBJECTIVES OF NATIONAL tion 203; and ‘‘(1) IN GENERAL.—The head of any other CORAL REEF ACTION STRATEGY.—Section ‘‘(2) to address emergency response actions Federal agency may assist the Adminis- 203(b)(8) of the Coral Reef Conservation Act under section 206.’’; trator in emergency response actions under of 2000 (16 U.S.C. 6402(b)(8)) is amended to (2) by adding at the end of section 205(b) (16 this section, using funds available for oper- read as follows: U.S.C. 6404(b)) ‘‘The organization is encour- ations of the agency concerned. ‘‘(8) conservation, including resilience and aged to solicit funding and in-kind services ‘‘(2) REIMBURSEMENT.—The Administrator, the consideration of island and local tradi- from the private sector, including non- subject to the availability of appropriations, tions and practices.’’. governmental organizations, for emergency may reimburse a Federal agency for assist- (c) AMENDMENTS RELATING TO ACTIVITIES response actions under section 206 and for ac- ance provided under paragraph (1). TO CONSERVE CORAL REEFS AND CORAL REEF tivities to prevent damage to coral reefs, in- ‘‘(e) LIABILITY FOR COSTS AND DAMAGES TO ECOSYSTEMS.—Section 207(b) of the Coral cluding areas identified in section 210(b)(2).’’; CORAL REEFS.— Reef Conservation Act of 2000 (16 U.S.C. 6406) (3) in section 205(c) (16 U.S.C. 6404(c)), by ‘‘(1) TREATMENT OF CORAL REEFS UNDER NA- is amended— striking ‘‘the grant program’’ and inserting TIONAL MARINE SANCTUARIES ACT.—For pur- (1) in paragraph (3) by striking ‘‘and’’ after ‘‘any grant program or emergency response poses of the provisions set forth in paragraph the semicolon; action’’; (2), and subject to paragraph (3), each of the (2) in paragraph (4)— (4) by redesignating sections 209 and 210 as terms ‘sanctuary resources’, ‘resource’, (A) by striking ‘‘cooperative conservation’’ sections 213 and 214, respectively; and ‘sanctuary resource managed under law or and inserting ‘‘cooperative research, con- (5) by inserting after section 208 the fol- regulations for that sanctuary,’ ‘national servation,’’ ; and lowing: (B) by striking ‘‘partners.’’ and inserting marine sanctuary’, ‘sanctuary resources of ‘‘SEC. 209. COMMUNITY-BASED PLANNING the national marine sanctuary’, and ‘sanc- ‘‘partners, including academic institutions GRANTS. tuary resources of other national marine located in those States, territories, and free- ‘‘(a) IN GENERAL.—The Administrator may ly associated States referred to in section sanctuaries’ is deemed to include any coral make grants to entities that are eligible to 212; and’’; and reef that is subject to the jurisdiction of the receive grants under section 204(c) to provide (3) by adding at the end the following: United States or any State, without regard additional funds to such entities to work ‘‘(5) activities designed to minimize the to whether such coral reef is located in a na- with local communities and through appro- likelihood of vessel impacts or other phys- tional marine sanctuary. priate Federal and State entities to prepare ical damage to coral reefs, including those ‘‘(2) APPLICABLE PROVISIONS OF NATIONAL and implement plans for the increased pro- areas identified in section 210(b).’’. MARINE SANCTUARIES ACT.—The provisions re- tection of coral reef areas identified by the ferred to in paragraph (1) are the following SEC. 5. REPORT TO CONGRESS. community and scientific experts as high provisions of the National Marine Sanc- Section 208 of the Coral Reef Conservation priorities for focused attention. The plans tuaries Act: Act of 2000 (16 U.S.C. 6407) is amended to read shall— ‘‘(A) Paragraphs (6) and (7) of section 302 as follows: ‘‘(1) support attainment of 1 or more of the (16 U.S.C. 1432). ‘‘SEC. 208. REPORT TO CONGRESS. criteria described in section 204(g); ‘‘(B) Paragraphs (1), (2), (3), and (4) of sec- ‘‘Not later than March 1, 2010, and every 3 ‘‘(2) be developed at the community level; tion 306 (16 U.S.C. 1436). years thereafter, the Administrator shall ‘‘(3) utilize where applicable watershed- ‘‘(C) Section 307 (16 U.S.C. 1437). submit to the Committee on Commerce, based or ecosystem-based approaches; ‘‘(D) Section 312 (16 U.S.C. 1443). Science, and Transportation of the Senate ‘‘(4) provide for coordination with Federal ‘‘(3) STATE CONSENT REQUIRED.— and the Committee on Natural Resources of and State experts and managers; ‘‘(A) IN GENERAL.—This subsection shall the House of Representatives a report de- ‘‘(5) build upon local approaches or models, not apply to any coral reef that is subject to scribing all activities undertaken to imple- including traditional or island-based re- the jurisdiction of a State unless the Gov- ment the strategy, including— source management concepts; and ernor of that State notifies the Secretary ‘‘(1) a description of the funds obligated by ‘‘(6) complement local action strategies or that the State consents to that application. each participating Federal agency to ad- regional plans for coral reef conservation. ‘‘(B) REVOCATION OF CONSENT.—The gov- vance coral reef conservation during each of ernor of a State may revoke consent under ‘‘(b) TERMS AND CONDITIONS.—The provi- the 3 fiscal years next preceding the fiscal sions of subsections (b), (d), (f), and (h) of subparagraph (A) by notifying the Secretary year in which the report is submitted; of such revocation. section 204 apply to grants under subsection ‘‘(2) a description of Federal interagency (a), except that, for the purpose of applying ‘‘(4) CONSISTENCY WITH INTERNATIONAL LAW and cooperative efforts with States, United section 204(b)(1) to grants under this section, AND TREATIES.—Any action taken under the States territories, freely associated States, authority of this subsection must be con- ‘75 percent’ shall be substituted for ‘50 per- and non-governmental partner organizations cent’. sistent with otherwise applicable inter- to prevent or address overharvesting, coastal national law and treaties. runoff, or other anthropogenic impacts on ‘‘SEC. 210. VESSEL GROUNDING INVENTORY. ‘‘(5) ACTIONS AUTHORIZED WITH RESPECT TO coral reef ecosystems, including projects un- ‘‘(a) IN GENERAL.—The Administrator, in VESSELS.—Actions authorized under this sub- dertaken with the Department of the Inte- coordination with other Federal agencies, section include vessel removal, and emer- rior, the Department of Agriculture, the En- may maintain an inventory of all vessel gency re-stabilization of a vessel and any vironmental Protection Agency, and the grounding incidents involving coral reefs, in- coral reef that is impacted by a vessel Army Corps of Engineers; cluding a description of— ‘‘(6) REGULATIONS.—The Secretary may ‘‘(3) a summary of the information con- ‘‘(1) the impacts to such resources; issue regulations necessary to implement tained in the vessel grounding inventory es- ‘‘(2) vessel and ownership information, if this subsection.’’. tablished under section 210, including addi- available; SEC. 4. NATIONAL PROGRAM. tional authorization or funding, needed for ‘‘(3) the estimated cost of removal, mitiga- (a) PURPOSE OF ACT.—Section 202 of the response and removal of such vessels; tion, or restoration; Coral Reef Conservation Act of 2000 (16 ‘‘(4) a description of Federal disaster re- ‘‘(4) the response action taken by the U.S.C. 6401) is amended— sponse actions taken pursuant to the Na- owner, the Administrator, the Commandant (1) by amending paragraph (3) to read as tional Response Plan to address damage to of the Coast Guard, or other Federal or State follows: coral reefs and coral reef ecosystems; and agency representatives; ‘‘(3) to develop sound scientific informa- ‘‘(5) an assessment of the condition of ‘‘(5) the status of the response action, in- tion on the condition of coral reef eco- United States coral reefs, accomplishments cluding the dates of vessel removal and miti- systems and the threats to such ecosystems under this Act, and the effectiveness of man- gation or restoration and any actions taken including large-scale threats related to cli- agement actions to address threats to coral to prevent future grounding incidents; and mate change, to benefit local communities reefs, including actions taken to address ‘‘(6) recommendations for additional navi- and the Nation, and to the extent practicable large-scale threats to coral reef ecosystems gational aids or other mechanisms for pre- support and enhance coral reef research ca- related to climate change.’’. venting future grounding incidents. pabilities at local academic institutions;’’; SEC. 6. FUND; GRANTS; GROUNDING INVENTORY; ‘‘(b) IDENTIFICATION OF AT-RISK REEFS.— and COORDINATION. The Administrator may— (2) by striking ‘‘and’’ after the semicolon (a) FUND; GRANTS; GROUNDING INVENTORY; ‘‘(1) use information from any inventory at the end of paragraph (5), by striking the COORDINATION.—The Coral Reef Conservation maintained under subsection (a) or any other period at the end of paragraph (6) and insert- Act of 2000 (16 U.S.C. 6401 et seq.) is amend- available information source to identify all ing ‘‘; and’’, and by adding at the end the fol- ed— coral reef areas that have a high incidence of lowing: (1) in section 205(a) (16 U.S.C. 6404(a)), by vessel impacts, including groundings and an- ‘‘(7) to recognize the benefits of healthy striking ‘‘organization solely’’ and all that chor damage; and coral reefs to island and coastal commu- follows and inserting ‘‘organization— ‘‘(2) identify appropriate measures, includ- nities and to encourage Federal action to en- ‘‘(1) to support partnerships between the ing action by other agencies, to reduce the sure, to the maximum extent practicable, public and private sectors that further the likelihood of such impacts.

VerDate Aug 31 2005 01:37 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\A22OC7.021 H22OCPT1 hmoore on PRODPC68 with HMHOUSE October 22, 2007 CONGRESSIONAL RECORD — HOUSE H11797

‘‘SEC. 211. REGIONAL COORDINATION. ‘‘(e) NONVOTING MEMBERS.—The President, SEC. 8. CLARIFICATION OF DEFINITIONS. ‘‘The Administrator shall work in coordi- or a representative of the President, of each Section 214 of the Coral Reef Conservation nation and collaboration with other Federal of the Freely Associated States of the Fed- Act of 2000, as redesignated by section 6(a) of agencies, States, and United States terri- erated States of Micronesia, the Republic of this Act (relating to definitions; 16 U.S.C. torial governments to implement the na- the Marshall Islands, and the Republic of 6409), is further amended— tional coral reef action strategy developed Palau may appoint a nonvoting member of (1) by amending paragraph (1) to read as under section 203, including regional and the Task Force. follows: local strategies, to address multiple threats ‘‘(f) RESPONSIBILITIES OF FEDERAL AGENCY ‘‘(1) ADMINISTRATOR.—The term ‘Adminis- to coral reefs and coral reef ecosystems such MEMBERS.— trator’— as coastal runoff, vessel impacts, overhar- ‘‘(1) IN GENERAL.—The Federal agency ‘‘(A) except as provided in subparagraph vesting, and factors attributed to climate members of the Task Force shall— (B), means the Administrator of the National change. ‘‘(A) identify the actions of their agencies Oceanic and Atmospheric Administration; ‘‘SEC. 212. UNITED STATES CORAL REEF TASK that may affect coral reef ecosystems; and FORCE. ‘‘(B) utilize the programs and authorities ‘‘(B) in sections 206 and 209, means the Sec- ‘‘(a) ESTABLISHMENT.—There is hereby es- of their agencies to protect and enhance the tablished the United States Coral Reef Task retary of the Interior for purposes of applica- conditions of such ecosystems; and tion of those sections to national parks, na- Force. ‘‘(C) assist in the implementation of the ‘‘(b) GOAL.—The goal of the Task Force tional wildlife refuges, and Wake Island.’’; National Action Plan to Conserve Coral shall be to lead, coordinate, and strengthen (2) by amending paragraph (2) to read as Reefs, the national coral reef action strategy Federal Government actions to better pre- follows: developed under section 203, the local action serve and protect coral reef ecosystems. ‘‘(2) CONSERVATION.—The term ‘conserva- ‘‘(c) DUTIES.—The duties of the Task Force strategies, and any other coordinated efforts tion’ means the use of methods and proce- shall be— approved by the Task Force. dures that are necessary to preserve or sus- ‘‘(1) to coordinate, in cooperation with ‘‘(2) CO-CHAIRS.—In addition to their re- tain coral reefs and associated species as di- State, territory, freely associated State, sponsibilities under paragraph (1), the co- verse, viable, and self-perpetuating coral reef commonwealth, and local government part- chairs of the Task Force shall administer ecosystems, including— ners, academic, and nongovernmental part- performance of the functions of the Task ‘‘(A) all activities associated with resource ners if appropriate, activities regarding the Force and facilitate the coordination of the management, such as assessment, conserva- mapping, monitoring, research, conserva- Federal agency members of the Task Force. tion, protection, restoration, sustainable tion, mitigation, restoration of coral reefs ‘‘(g) WORKING GROUPS.— use, and management of habitat; and coral reef ecosystems; ‘‘(1) IN GENERAL.—The co-chairs of the ‘‘(B) mapping; ‘‘(2) to monitor and advise regarding im- Task Force may establish working groups as ‘‘(C) monitoring of coral reef ecosystems; plementation of the policy and Federal agen- necessary to meet the goals and duties of ‘‘(D) assistance in the development of man- cy responsibilities set forth in Executive this Act. The Task Force may request the agement strategies for marine protected Order 13089 and the national coral reef action co-chairs to establish such a working group. area or networks thereof and marine re- strategy developed under section 203; and ‘‘(2) PARTICIPATION BY NONGOVERNMENTAL sources consistent with the National Marine ‘‘(3) to work with the Secretary of State ORGANIZATIONS.—The co-chairs may allow a Sanctuaries Act (16 U.S.C. 1431 et seq.) and and the Administrator of the Agency for nongovernmental organization or academic the Magnuson-Stevens Fishery Conservation International Development, and in coordina- institution to participate in such a working and Management Act (16 U.S.C. 1801 et seq.); tion with the other members of the Task group. ‘‘(E) law enforcement; Force, to— ‘‘(h) FACA.—The Federal Advisory Com- ‘‘(F) conflict resolution initiatives; ‘‘(A) assess the United States role in inter- mittee Act (5 U.S.C. App.) shall not apply to ‘‘(G) community outreach and education; national trade and protection of coral spe- the Task Force.’’. and cies; and (b) COOPERATIVE AGREEMENTS.—Section 204 ‘‘(H) activities that promote safe and eco- ‘‘(B) encourage implementation of appro- of the Coral Reef Conservation Act of 2000 (16 logically sound navigation.’’; priate strategies and actions to promote con- U.S.C. 6403) is amended by adding at the end (3) by amending paragraph (3) to read as servation and sustainable use of coral reef the following: follows: resources worldwide. ‘‘(k) MULTIYEAR COOPERATIVE AGREE- ‘‘(3) CORAL.—The term ‘coral’ means spe- ‘‘(d) MEMBERSHIP, GENERALLY.—The Task MENTS.—The Administrator may enter into cies of the phylum Cnidaria, including— Force shall be comprised of— multiyear cooperative agreements with the ‘‘(A) all species of the orders Antipatharia ‘‘(1) the Secretary of Commerce, acting heads of other Federal agencies, States, ter- (black corals), Scleractinia (stony corals), through the Administrator of the National ritories, other freely associated States, local Gorgonacea (horny corals), Stolonifera Oceanic and Atmospheric Administration, governments, academic institutions, and (organpipe corals and others), Alcyonacea and the Secretary of the Interior, who shall non-governmental organizations to carry out (soft corals), and Helioporacea (blue coral), be co-chairs of the Task Force; the activities of the national coral reef ac- of the class Anthozoa; and ‘‘(2) the Administrator of the Agency of tion strategy developed under section 203 and ‘‘(B) all species of the families International Development; to implement regional strategies developed Milleporidae (fire corals) and Stylasteridae ‘‘(3) the Secretary of Agriculture; pursuant to section 211.’’. (stylasterid hydrocorals), of the class ‘‘(4) the Secretary of Defense; SEC. 7. AMENDMENTS RELATING TO DEPART- Hydrozoa.’’; ‘‘(5) the Secretary of the Army, acting MENT OF THE INTERIOR PROGRAM. (4) by amending paragraph (4) to read as through the Corps of Engineers; (a) AMENDMENTS AND CLARIFICATIONS TO follows: ‘‘(6) the Secretary of Homeland Security; DEFINITIONS.— ‘‘(4) CORAL REEF.—The term ‘coral reef’ ‘‘(7) the Attorney General; (1) FISH AND WILDLIFE COORDINATION ACT.— means a limestone structure composed in ‘‘(8) the Secretary of State; Section 8 of the Fish and Wildlife Coordina- whole or in part of living zooxanthellate ‘‘(9) the Secretary of Transportation; tion Act (16 U.S.C. 666b) is amended by in- stony corals (Class Anthozoa, Order ‘‘(10) the Administrator of the Environ- serting before the period at the end the fol- Scleractinia), their skeletal remains, or mental Protection Agency; lowing: ‘‘, including coral reef ecosystems (as both.’’; ‘‘(11) the Administrator of the National such term is defined in section 214 of the (5) by amending paragraph (5) to read as Aeronautics and Space Administration; Coral Reef Conservation Act of 2000)’’. follows: ‘‘(12) the Director of the National Science (2) FISH AND WILDLIFE ACT OF 1956 AND FISH ‘‘(5) CORAL REEF ECOSYSTEM.—The term Foundation; AND WILDLIFE IMPROVEMENT ACT OF 1978.— ‘coral reef ecosystem’ means a system of ‘‘(13) the Governor, or a representative of With respect to the authorities under the coral reefs and geographically associated the Governor, of the Commonwealth of the Fish and Wildlife Act of 1956 (16 U.S.C. 742a species, habitats, and environment, includ- Northern Mariana Islands; et. seq) and the authorities under the Fish ing mangroves and seagrass habitats, and ‘‘(14) the Governor, or a representative of and Wildlife Improvement Act of 1978 (16 the processes that control its dynamics.’’; the Governor, of the Commonwealth of Puer- U.S.C. 742l), references in such Acts to ‘‘wild- and to Rico; life’’ and ‘‘fish and wildlife’’ shall be con- (6) by amending paragraph (7) to read as ‘‘(15) the Governor, or a representative of strued to include coral reef ecosystems (as follows: the Governor, of the State of Florida; such term is defined in section 214 of the ‘‘(7) SECRETARY.—The term ‘Secretary’— ‘‘(16) the Governor, or a representative of Coral Reef Conservation Act of 2000, as ‘‘(A) except as provided in subparagraphs the Governor, of the State of Hawaii; amended by this Act). (B) and (C), means the Secretary of Com- ‘‘(17) the Governor, or a representative of (b) CORAL REEF CONSERVATION ASSIST- merce; the Governor, of the Territory of Guam; ANCE.—The Secretary of the Interior may ‘‘(B) in section 206(e), means— ‘‘(18) the Governor, or a representative of provide technical assistance and, subject to ‘‘(i) the Secretary of the Interior, with re- the Governor, of the Territory of American the availability of appropriations, financial spect to any coral reef or component thereof Samoa; and assistance to coastal States (as that term is that is located in— ‘‘(19) the Governor, or a representative of defined in the Coral Reef Conservation Act of ‘‘(I) the National Wildlife Refuge System; the Governor, of the Virgin Islands. 2000, as amended by this Act). ‘‘(II) the National Park System; or

VerDate Aug 31 2005 01:37 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A22OC7.021 H22OCPT1 hmoore on PRODPC68 with HMHOUSE H11798 CONGRESSIONAL RECORD — HOUSE October 22, 2007 ‘‘(III) the waters surrounding Wake Island tion, to provide funds to the University of and the Interior the authority to cover under the jurisdiction of the Secretary of the Guam for coral reef research and protection. related costs for damages to coral reefs Interior, as set forth in Executive Order 11048 (c) SUPPORT FOR CORAL REEF INSTITUTES.— in U.S. waters located outside national (27 Fed. Reg. 8851), dated September 4, 1962; The Administrator, subject to the avail- marine sanctuaries. or ability of appropriations specifically to ‘‘(ii) the Secretary of Commerce, with re- carry out this subsection, may enter into, re- Mr. Speaker, more than 70 percent of spect to any other coral reef or component negotiate, or extend a cooperative agree- the coral reefs under the jurisdiction of thereof; and ment with any university or local academic the United States are found in the Pa- ‘‘(C) in sections 203 and 209, means the Sec- institution or other research center with es- cific, including Guam. Regrettably, retary of Commerce and the Secretary of the tablished programs that support coral reef coral reefs worldwide remain imperiled Interior.’’. conservation to accomplish the following: and deserving of greater protection. I SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (1) Provide technical and other assistance am a proud cosponsor of this legisla- Section 213 of the Coral Reef Conservation to build capacity for effective resource man- tion, and I urge my colleagues to sup- agement on a regional level and within local Act of 2000 (formerly 16 U.S.C. 6408), as redes- port the bill, as amended. ignated by section 4, is amended— communities. (1) by amending subsection (a) to read as (2) Facilitate interdisciplinary research re- HOUSE OF REPRESENTATIVES, follows: garding coral reef ecosystems to improve re- COMMITTEE ON NATURAL RESOURCES, Washington, DC, September 26, 2007. ‘‘(a) IN GENERAL.—There are authorized to source management and improve under- be appropriated to the Secretary of Com- standing of potential impacts to such eco- Hon. BART GORDON, merce to carry out this title $30,000,000 for systems attributed to climate change. Chairman, Committee on Science and Tech- fiscal year 2008, $32,000,000 for fiscal year (3) Conduct public education programs re- nology, Washington, DC. DEAR MR. CHAIRMAN: Thank you for your 2009, $34,000,000 for fiscal year 2010 and garding coral reefs and coral reef ecosystems willingness to allow floor consideration of $35,000,000 for fiscal years 2011 and 2012.’’; to improve public awareness of the need to H.R. 1205, the Coral Reef Conservation (2) in subsection (b) by striking ‘‘$1,000,000’’ protect and conserve such resources. Amendments Act of 2007, to proceed and inserting ‘‘$2,000,000’’; (4) To advance the purposes and policies unimpeded. (3) by striking subsection (c) and inserting set forth in the Coral Reef Conservation Act I appreciate your willingness to waive the following: of 2000. rights to further consideration of H.R. 1205, ‘‘(c) COMMUNITY-BASED PLANNING (d) DEFINITIONS.—For purposes of this sec- even though your Committee shares jurisdic- GRANTS.—There is authorized to be appro- tion the definitions in section 214 of the tion over it and has received an additional priated to the Administrator to carry out Coral Reef Conservation Act of 2000, as redes- referral. Of course, this waiver does not prej- section 209, $8,000,000 for fiscal years 2008 ignated by section 6(a) of this Act and udice any further jurisdictional claims by through 2012, to remain available until ex- amended by section 8 of this Act, apply. your Committee over this legislation or pended.’’; and The SPEAKER pro tempore. Pursu- similar language. Furthermore, I agree to (4) by striking subsection (d) and inserting ant to the rule, the gentlewoman from support your request for appointment of con- the following: Guam (Ms. BORDALLO) and the gen- ferees from the Committee on Science and ‘‘(d) DEPARTMENT OF THE INTERIOR.—There Technology if a conference is held on this is authorized to be appropriated to the Sec- tleman from Texas (Mr. GOHMERT) each matter. retary of the Interior to carry out this title will control 20 minutes. As you requested, I will insert our two let- $5,000,000 for each of fiscal years 2008 through The Chair recognizes the gentle- ters in the Congressional Record as part of 2012.’’. woman from Guam. the consideration of the bill on the House SEC. 10. ENSURING RESILIENCE. b 1515 floor. Thank you for the cooperative spirit in (a) PURPOSES.—Section 202 of the Coral which you have worked regarding this mat- Reef Conservation Act of 2000 (16 U.S.C. 6401) GENERAL LEAVE ter and others between our respective com- is further amended by redesignating para- Ms. BORDALLO. Mr. Speaker, I ask mittees. graphs (2) through (7) as paragraphs (3) unanimous consent that all Members With warm regards, I am through (8), respectively, and by inserting may have 5 days to revise and extend Sincerely, after paragraph (1) the following: their remarks and include extraneous NICK J. RAHALL II, ‘‘(2) to promote the resilience of coral reef Chairman. ecosystems;’’. material on the bill under consider- (b) CRITERIA FOR APPROVAL OF PROJECT ation. HOUSE OF REPRESENTATIVES, PROPOSALS.—Section 204(g) of the Coral Reef The SPEAKER pro tempore (Mr. COMMITTEE ON SCIENCE AND Conservation Act of 2000 (16 U.S.C. 6403(g)) is JACKSON of Illinois). Is there objection TECHNOLOGY, further amended by striking ‘‘or’’ after the to the request of the gentlewoman Washington, DC, September 27, 2007. semicolon at the end of paragraph (10), by re- from Guam? Hon. NICK J. RAHALL II, designating paragraph (11) as paragraph (12), There was no objection. Chairman, Committee on Natural Resources, and by inserting after paragraph (10) the fol- Ms. BORDALLO. Mr. Speaker, I yield Washington, DC. lowing: DEAR CHAIRMAN RAHALL: I write to you re- ‘‘(11) improving and promoting the resil- myself such time as I may consume. garding H.R. 1205, the ‘‘Coral Reef Conserva- ience of coral reefs and coral reef eco- H.R. 1205, as amended, would reau- tion Amendments Act of 2007.’’ This legisla- systems; or’’. thorize the Coral Reef Conservation tion was initially referred to both the Com- (c) ACTIVITIES AUTHORIZED UNDER NA- Act through fiscal year 2012 and give mittee on Natural Resources and the Com- TIONAL PROGRAM.—Section 207(b) of the Coral the Federal Government, States and mittee on Science and Technology. Reef Conservation Act of 2000 (16 U.S.C. territories additional tools to protect H.R. 1205 was marked up by the Committee 6406(b)) is further amended by striking ‘‘and’’ and conserve coral reefs. I commend on Natural Resources on June 28, 2007. I rec- after the semicolon at the end of paragraph the gentleman from American Samoa, ognize and appreciate your desire to bring (4), by redesignating paragraph (5) as para- this legislation before the House in an expe- graph (6), and by inserting after paragraph the Honorable ENI FALEOMAVAEGA, for ditious manner, and, accordingly, I will (4) the following: sponsoring this legislation and for his waive further consideration of this bill in ‘‘(5) improving and promoting the resil- hard work to move it forward. Committee. However, agreeing to waive con- ience of coral reefs and coral reef eco- H.R. 1205 was referred to the Natural sideration of this bill should not be con- systems; and’’. Resources Committee and the Science strued as the Committee on Science and SEC. 11. FUNDING FOR MARINE FACILITIES, and Technology Committee. I’m in- Technology waiving its jurisdiction over CORAL REEF RESEARCH, AND cluding in the CONGRESSIONAL RECORD H.R. 1205. CORAL REEF INSTITUTES. Further, I request your support for the ap- an exchange of letters between Chair- (a) AMERICAN SAMOA COMMUNITY COL- pointment of Science and Technology Com- LEGE.—There is authorized to be appro- men NICK RAHALL and BART GORDON as- mittee conferees during any House-Senate priated $1,000,000 to the Secretary of Com- serting both committees jurisdiction in conference convened on this legislation on merce, acting through the National Oceanic H.R. 1205. Science Committee Chair- provisions of the bill that are within the and Atmospheric Administration, to provide man BART GORDON gracefully agreed to Committee’s jurisdiction. I also ask that a funds to a research facility for coral reef re- allow this bill to come to the floor copy of this letter and your response be search and protection, and coastal ecology today. placed in the Congressional Record during and development, at the American Samoa H.R. 1205, as amended, broadens and consideration of this bill. Community College. I look forward to working with you as we (b) UNIVERSITY OF GUAM.—There is author- improves the definition of ‘‘coral reef prepare to pass this important legislation. ized to be appropriated $1,000,000 to the Sec- ecosystem’’ to include mangroves and Sincerely, retary of Commerce, acting through the Na- sea grass habitats. Additionally, the BART GORDON, tional Oceanic and Atmospheric Administra- bill gives the Secretaries of Commerce Chairman.

VerDate Aug 31 2005 04:20 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\A22OC7.021 H22OCPT1 hmoore on PRODPC68 with HMHOUSE October 22, 2007 CONGRESSIONAL RECORD — HOUSE H11799 Mr. Speaker, I reserve the balance of phenomenally coordinated fashion to However, coral reefs are in nothing my time. degrade our coral reefs. And so this short of a crisis. Because of a variety of Mr. GOHMERT. Mr. Speaker, I rise in type of legislation can ameliorate the threats, scientists estimate that 60 per- support of H.R. 1205, the Coral Reef effects of the anthropogenic onslaught cent of coral reefs may disappear be- Conservation Amendments Act of 2007. to coral reefs; that’s the human activ- fore 2050. We thank the gentleman from Amer- ity that degrades coral reefs. That’s why I’m very proud to support ican Samoa and, once again, my friend Now, this bill, and I’ll close with all of my colleagues’ efforts today to from Guam and also the gentleman this, affects coral reefs in this manner, bring this legislation forward. H.R. 1205 from Puerto Rico for their work on because there’s multiple effects on will make important changes to the this legislation. coral reefs: Overharvesting, climate Coral Reef Conservation Act of 2000. Coral reefs are truly a treasure, but change, acidification of the ocean, run- One will be able to take advantage of they mean the world to the aquatic life off, pollution in our oceans, debris in the vast resources and expertise at var- in those areas. This legislation author- our oceans, and a whole range of other ious coral reef conservation institu- izes the Secretary of the Interior to un- things. That means that we have to ap- tions across the country, like the Na- dertake coral reef conservation activi- proach this from a multiple-stressor ef- tional Coral Reef Institute. ties. It does involve matching grants, fect. How do we deal with all these The National Coral Reef Institute and it provides it in areas under the ju- things? will be hosting the 11th International risdiction of the Department of the In- To account for future effects of Coral Reef Symposium next year in terior. human activity, including climate Florida, which will bring together sci- At this time, though, Mr. Speaker, I change, this bill enables us to manage entists from throughout the world, would like to yield such time as he the coral reefs in something that we over 3,000 of those scientists, to discuss may consume to my friend from Mary- will call ‘‘ecosystem resilience,’’ the coral reef issues. Harnessing their ex- land (Mr. GILCHREST). resilience of an ecosystem. If you look perience and knowledge and other in- Mr. GILCHREST. Mr. Speaker, I rise at the human body—your lungs, your stitutions’ will be a vital component of in strong support of H.R. 1205 today, liver, your kidneys, your bloodstream, any Federal coral reef conservation and I want to thank my good friend your heart—the human body functions plan. from American Samoa (Mr. in an extraordinary coordinated fash- Another important aspect of this leg- FALEOMAVAEGA) for his effort in reau- ion. It’s our own personal ecosystem. islation we’re considering today will be thorizing the Coral Reef Restoration And in the ecosystem abroad, in the to authorize NOAA to respond to vessel Act. Nation’s oceans, that ecosystem can groundings. Since 1994, we’ve seen 12 I want to thank the chairman of the function, if it’s restored, understanding large ships run aground on sensitive subcommittee, Ms. BORDALLO, for her that concept of an ecosystem, of a me- coral reef areas near Ft. Lauderdale. work in helping us facilitate a number tabolism, if you will, to restore it so it The last one, occurring almost a year ago, involved a freighter that left a 20- of provisions in this bill; Mr. RAHALL, is resilient, just like the human body foot swath of destruction along 100 feet of course, and certainly Mr. YOUNG and can be restored. But unless you have a of a coral reef. Whatever coral that Mr. BROWN. This Coral Reef Restora- process where you’re healthy, where once lived there is now, unfortunately, tion Act brings a number of different you exercise, where you have a good agencies; once again to thank Mr. gone. diet, et cetera, et cetera, then you will Part of the solution to vessel FALEOMAVAEGA for helping make this run through cycles of health and ill groundings is adopting better preven- happen. The coordination between var- health. tion strategies, such as closing anchor- ious Federal agencies in ensuring that The ecosystem of coral reefs will be age sites in shallow waters that are the restoration process continues and managed for its resiliency so it can close to coral reefs. And I’m very proud does so in a very timely fashion is ad- come back after an onslaught of over- that the Coast Guard and others have mirable. harvesting; it can come back after an worked to achieve this objective. For example, ship strikes pose, used onslaught of pollution; it can resist But we also need to respond faster to pose somewhat of a danger to coral and be resilient to this unknown factor when a vessel does run aground, be- reefs because of the various levels of of climate change. cause the sooner coral reefs can be re- bureaucracy. This bill codifies the So for all these reasons, and for all stored, the better chances for their sur- Coral Reef Task Force, which coordi- the help we’ve had from the staff and vival. Expanding NOAA’s authority to nates those various Federal agencies to the Members, I heartily endorse H.R. act will allow NOAA to utilize their ex- more quickly implement policies that 1205, and ask the Members to vote in perience and resources to both assess can deal with the restoration process. favor of this legislation. the damage and restore the reefs. Mr. Speaker, 20 percent of America’s Ms. BORDALLO. Mr. Speaker, I now For these reasons, I urge my col- coral reefs are dead. They are de- recognize my colleague from Florida, leagues to adopt this legislation. I stroyed. 50 percent of America’s coral the Honorable Mr. KLEIN, for 3 min- thank the sponsors on both sides of the reefs are in danger of dying for various, utes. aisle, and recommend that we move various reasons, and it is so important Mr. KLEIN of Florida. Thank you, forward. at this critical time that we under- Chairwoman BORDALLO, for yielding me Mr. GOHMERT. Mr. Speaker, this is stand the nature and the importance, time and Congressman FALEOMAVAEGA a good bill. It does a good thing and the value to the ecosystem, the value for bringing this important legislation preserves something that is so vital to to marine biological communities, and to the floor today. our Nation as a resource. We do need to the economic value to all those States Mr. Speaker, coral reefs are among be careful about the unintended con- and areas that live next to coral reefs the most diverse, biologically complex, sequences of the expansion of the term and depend upon them for their fish- and valuable ecosystems on Earth. In ‘‘wildlife’’ in other statutes just to give eries, for tourism, for coastal protec- my home State of Florida, we are for- the Secretary authority over coral tion and so on. tunate to have the third largest barrier reefs and coral reef ecosystems, even in Coral reefs do protect coastlines, and reef in the world. Along with their nat- limited circumstances. they’re valued for supporting rich bio- ural beauty, Florida’s coral reef sys- But with that aside, I would encour- logical diversity that is of immense tems serve as a critical place for fish age support for the bill, and yield back economic value to a number of regions habitat and as a potentially lifesaving the balance of my time. throughout the United States. Half of barrier against hurricanes as well. Ms. BORDALLO. Mr. Speaker, I the federally managed fish species, But it’s only on an everyday level would now like to recognize the spon- that equals billions of dollars, spend that coral reefs probably have the sor of this bill, the Honorable Mr. much of their life cycle in coral reefs. greatest impact on south Florida, serv- FALEOMAVAEGA from American Samoa, But coral reefs, as a result of coastal ing as an important source of tourism, for 4 minutes. runoff, Overharvesting, and now the ef- jobs and revenue. In Broward County (Mr. FALEOMAVAEGA asked and fects of climate change, these par- alone, coral reefs contribute over $2 was given permission to revise and ex- ticular areas of degradation act in a billion annually to the local economy. tend his remarks.)

VerDate Aug 31 2005 04:20 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K22OC7.035 H22OCPT1 hmoore on PRODPC68 with HMHOUSE H11800 CONGRESSIONAL RECORD — HOUSE October 22, 2007 Mr. FALEOMAVAEGA. Mr. Speaker, work of some 7 months in consulta- A motion to reconsider was laid on I rise today in strong support of H.R. tions. Not only did we have hearings in the table. 1205, to reauthorize the Coral Reef Con- our subcommittee, we had a markup, f servation Act of 2000. also a markup in the full committee First and foremost, I certainly want for which we received unanimous sup- PLATTE RIVER RECOVERY IMPLE- to commend the chairman of our Nat- port. MENTATION PROGRAM AND ural Resources Committee, the gen- PATHFINDER MODIFICATION AU- b 1530 THORIZATION ACT tleman from West Virginia (Mr. RA- Mr. Speaker, a United Nations report HALL), for his support and commitment Ms. BORDALLO. Mr. Speaker, I move to this important legislation. estimates that 60 percent of the world’s to suspend the rules and pass the bill I also would like to acknowledge the coral reefs will die off by the year 2030. (H.R. 1462) to authorize the Secretary leadership and the tremendous support And with the drastic change to climate of the Interior to participate in the im- that we have received from my good as well as the escalation of global plementation of the Platte River Re- friend and colleague, the gentleman warming, our coral reefs are in peril. covery Implementation Program for Mr. Speaker, H.R. 1205 affords us an from Alaska, our senior ranking mem- Endangered Species in the Central and opportunity to take immediate action ber, Mr. YOUNG, for his spirit of co- Lower Platte River Basin and to mod- in conserving and protecting our coral operation and certainly for his support ify the Pathfinder Dam and Reservoir, reefs. It is not only critical for our of the bill. as amended. coastal States and territories but, Last but not least, I want to recog- The Clerk read the title of the bill. more importantly, for the rest of the nize especially my good friend, the The text of the bill is as follows: chairwoman of our Subcommittee on world. I urge my colleagues to support this H.R. 1462 Fisheries and Wildlife, the gentlelady legislation. And I would be remiss if I Be it enacted by the Senate and House of Rep- from Guam (Ms. BORDALLO). did not recognize the senior staffs of resentatives of the United States of America in And I want to also commend the gen- the committee on both sides of the Congress assembled, tleman from Texas (Mr. GOHMERT) for aisle, Ms. Lori Sonken, Mr. Dave Jan- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. his support and management of the bill sen, and my good friend Mr. Dave (a) SHORT TITLE.—This Act may be cited as on the other side of the aisle. the ‘‘Platte River Recovery Implementation Pro- I want to thank my good friend, the Whaley for their support and for their gram and Pathfinder Modification Authoriza- gentleman and former chairman of the work in putting this legislation in such tion Act’’. Fisheries and Wildlife Subcommittee, a way that now has the bipartisan sup- (b) TABLE OF CONTENTS.—The table of con- my good friend from Maryland (Mr. port of our colleagues on both sides of tents of this Act is as follows: the aisle. GILCHREST). I can’t think of a better Sec. 1. Short title; table of contents. Again, this is not a Democratic or person that knows more about wildlife Sec. 2. Purposes. Republican bill; it is a bill that will than the gentleman from Maryland in TITLE I—PLATTE RIVER RECOVERY serve the best interests of our Nation. the years that I’ve served with him as IMPLEMENTATION PROGRAM Ms. BORDALLO. Mr. Speaker, as a Sec. 101. Definitions. a member of the Fisheries Sub- new chairman of this subcommittee, I committee. Sec. 102. Implementation of Program. want to go on record to thank my col- Sec. 103. Cost-sharing contributions. I also want to thank my good friend, leagues for their input, their expertise Sec. 104. Authority to modify Program. the gentleman from Florida (Mr. on this particular subject. They have Sec. 105. Effect. KLEIN), for his support of this legisla- all spoken in support of this legisla- Sec. 106. Authorization of appropriations. tion. tion, and I want to thank them for Sec. 107. Termination of authority. I also want to note for my colleagues their bipartisan support. TITLE II—PATHFINDER MODIFICATION that the gentlelady from Florida (Ms. Mr. FALEOMAVAEGA. Mr. Speaker, PROJECT ROS-LEHTINEN) is also a cosponsor of will the gentlewoman yield? Sec. 201. Authorization of project. this legislation. Ms. BORDALLO. I yield to the gen- Sec. 202. Authorized uses of pathfinder res- Mr. Speaker, H.R. 1205, the Coral tleman from American Samoa. ervoir. Reef Conservation Act of 2007, is an im- Mr. FALEOMAVAEGA. Mr. Speaker, SEC. 2. PURPOSES. portant piece of legislation because it I just want to note to my colleagues as The purposes of this Act are to authorize— recognizes that we need to do more part of our efforts in preserving the (1) the Secretary of the Interior, acting now to protect the health of our Na- coral reefs is the announcement by through the Commissioner of Reclamation and in partnership with the States, other Federal tion’s coral reefs. We have coral reefs President Bush in the last year of the running along the coasts on both sides agencies, and other non-Federal entities, to con- largest marine monument of the world, tinue the cooperative effort among the Federal of the United States, continental which is known as the and non-Federal entities through the implemen- United States, especially completely Papahanaumokuakea National Marine tation of the Platte River Recovery Implementa- surrounding our U.S. territories. Monument, north of the Hawaiian Is- tion Program for threatened and endangered Coral reefs are critically important, lands. It is about 140,000 square miles, a species in the Central and Lower Platte River not only here in the United States, but little less than the size of Montana, but Basin without creating Federal water rights or around the world, and we should take about the same size as Germany. It requiring the grant of water rights to Federal entities; and the lead in protecting such a vital re- also supports some 7,000 species of ani- source. (2) the modification of the Pathfinder Dam mal and marine life, which is so impor- and Reservoir. Mr. Speaker, H.R. 1205 has carried tant. I think we need to understand over key provisions from legislation TITLE I—PLATTE RIVER RECOVERY that this is also part of what this legis- IMPLEMENTATION PROGRAM that I introduced in the previous Con- lation proposes. gress which had very strong bipartisan SEC. 101. DEFINITIONS. And I thank the gentlewoman for In this title: support. This legislation will authorize yielding. funding for management assistance (1) AGREEMENT.—The term ‘‘Agreement’’ Ms. BORDALLO. Mr. Speaker, I have means the Platte River Recovery Implementa- grants, enhance research and moni- no further requests for time, and I tion Program Cooperative Agreement entered toring, implement local action strate- yield back the balance of my time. into by the Governors of the States and the Sec- gies, and also codify the U.S. Coral The SPEAKER pro tempore. The retary. Reef Task Force, which was established question is on the motion offered by (2) FIRST INCREMENT.—The term ‘‘First Incre- by an executive order issued by Presi- the gentlewoman from Guam (Ms. ment’’ means the first 13 years of the Program. dent Clinton in 1998. BORDALLO) that the House suspend the (3) GOVERNANCE COMMITTEE.—The term ‘‘Gov- More importantly, we have included rules and pass the bill, H.R. 1205, as ernance Committee’’ means the governance com- recommendations from our experts in mittee established under the Agreement and amended. composed of members from the States, the Fed- the current administration as well as The question was taken; and (two- eral Government, environmental interests, and from other Members of Congress, and thirds being in the affirmative) the water users. also certainly to enhance the passage rules were suspended and the bill, as (4) INTEREST IN LAND OR WATER.—The term of this legislation. This has been a amended, was passed. ‘‘interest in land or water’’ includes a fee title,

VerDate Aug 31 2005 01:37 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00022 Fmt 7634 Sfmt 6333 E:\CR\FM\K22OC7.037 H22OCPT1 hmoore on PRODPC68 with HMHOUSE October 22, 2007 CONGRESSIONAL RECORD — HOUSE H11801 short- or long-term easement, lease, or other (2) serve as the basis for reinstating acreage The purpose of H.R. 1462, as intro- contractual arrangement that is determined to limitation provisions in a district that has com- duced by our colleague Congressman be necessary by the Secretary to implement the pleted payment of the construction obligations MARK UDALL of Colorado and amended land and water components of the Program. of the district; or by the Committee on Natural Re- (5) PROGRAM.—The term ‘‘Program’’ means (3) serve as the basis for increasing the con- the Platte River Recovery Implementation Pro- struction repayment obligation of the district, sources, is to authorize the Secretary gram established under the Agreement. which would extend the period during which of the Interior to participate in the im- (6) PROJECT OR ACTIVITY.—The term ‘‘project the acreage limitation provisions would apply. plementation of the Platte River Re- or activity’’ means— (b) EFFECT ON WATER RIGHTS.—Nothing in covery Implementation Program for (A) the planning, design, permitting or other this title— Endangered Species in the Central and compliance activity, preconstruction activity, (1) creates Federal water rights; or Lower Platte River Basin and to mod- construction, construction management, oper- (2) requires the grant of water rights to Fed- ation, maintenance, and replacement of a facil- eral entities. ify the Pathfinder Dam and Reservoir. ity; SEC. 106. AUTHORIZATION OF APPROPRIATIONS. H.R. 1462, as amended, would secure (B) the acquisition of an interest in land or (a) IN GENERAL.—There is authorized to be benefits for four target species and water; appropriated to carry out projects and activities their associated habitats while also (C) habitat restoration; under this title $157,140,000, as adjusted under providing Endangered Species Act com- (D) research and monitoring; subsection (c). pliance for existing and certain new (E) program administration; and (b) NONREIMBURSABLE FEDERAL EXPENDI- (F) any other activity that is determined to be water-related activities in the Platte TURES.—Any amounts expended under sub- necessary by the Secretary to carry out the Pro- River basin. section (a) shall be considered to be non- gram. reimbursable Federal expenditures. H.R. 1462, as amended, also author- (7) SECRETARY.—The term ‘‘Secretary’’ means (c) ADJUSTMENT.—The balance of funds re- izes the modification of Pathfinder the Secretary of the Interior, acting through the maining to be appropriated shall be adjusted for Dam and Reservoir as is required by a Commissioner of Reclamation. inflation on October 1 of the year after the en- legal settlement and is the key part of (8) STATES.—The term ‘‘States’’ means the actment of this Act and each October 1 there- States of Nebraska, Wyoming, and Colorado. the water devoted to recovery imple- after. SEC. 102. IMPLEMENTATION OF PROGRAM. mentation. (d) AVAILABILITY OF FUNDS.—At the end of Mr. Speaker, this program is the re- (a) IN GENERAL.—The Secretary, in coopera- each fiscal year, any unexpended funds for tion with the Governance Committee, may— projects and activities made available under sult of years and years of negotiation (1) participate in the Program; and subsection (a) shall be retained for use in future and compromise between water users (2) carry out any projects and activities that fiscal years to implement projects and activities and environmentalists and should be are designated for implementation during the under the Program. seen as a model for dealing with endan- First Increment. (b) AUTHORITY OF SECRETARY.—For purposes SEC. 107. TERMINATION OF AUTHORITY. gered species conflicts. I congratulate of carrying out this title, the Secretary, in co- The authority for the Secretary to implement my Democratic colleague from Colo- operation with the Governance Committee, the First Increment shall terminate on Sep- rado, the Honorable Representative may— tember 30, 2020. MARK UDALL, for his hard work on this (1) enter into agreements and contracts with TITLE II—PATHFINDER MODIFICATION legislation. And I strongly urge my col- Federal and non-Federal entities; PROJECT leagues to stand in support of this non- (2) acquire interests in land, water, and facili- SEC. 201. AUTHORIZATION OF PROJECT. ties from willing sellers without the use of emi- controversial bill. (a) IN GENERAL.—The Secretary of the Inte- Mr. Speaker, I reserve the balance of nent domain; rior, acting through the Commissioner of Rec- (3) subsequently transfer any interests ac- my time. lamation (referred to in this title as the ‘‘Sec- quired under paragraph (2); and retary’’), may— Mr. GOHMERT. Mr. Speaker, I yield (4) accept or provide grants. (1) modify the Pathfinder Dam and Reservoir; myself such time as I may consume. SEC. 103. COST-SHARING CONTRIBUTIONS. and H.R. 1462 stems from endangered spe- (a) IN GENERAL.—As provided in the Agree- (2) enter into 1 or more agreements with the cies conflicts along the Platte River. ment, the participating States shall contribute State of Wyoming to implement the Pathfinder not less than 50 percent of the total contribu- As a result of lawsuits and the real Modification Project (referred to in this title as threat of water and power infrastruc- tions necessary to carry out the Program. the ‘‘Project’’), as described in Appendix F to (b) NON-FEDERAL CONTRIBUTIONS.—The fol- the Final Settlement Stipulation in Nebraska v. ture being shut down over endangered lowing contributions shall constitute the States’ Wyoming, 534 U.S. 40 (2001). species conflicts, the Federal Govern- share of the Program: (b) FEDERAL APPROPRIATIONS.—No Federal ment, three States, water and power (1) $30,000,000 in non-Federal funds, with the appropriations are required to modify the Path- users, and environmental organizations balance of funds remaining to be contributed to finder Dam under this section. came together on the Platte River Re- be adjusted for inflation on October 1 of the SEC. 202. AUTHORIZED USES OF PATHFINDER year after the date of enactment of this Act and covery Program, and this legislation RESERVOIR. implements part of that program. The each October 1 thereafter. The approximately 54,000 acre-feet capacity of (2) Credit for contributions of water or land result is that existing water and power Pathfinder Reservoir, which has been lost to for the purposes of implementing the Program, sediment but will be recaptured by the Project, infrastructure is protected while a col- as determined to be appropriate by the Sec- may be used for municipal, environmental, and laborative and far-reaching program to retary. other purposes, as described in Appendix F to help save four different species begins. (c) IN-KIND CONTRIBUTIONS.—The Secretary the Final Settlement Stipulation in Nebraska v. or the States may elect to provide a portion of Since this program is contingent Wyoming, 534 U.S. 40 (2001). the Federal share or non-Federal share, respec- upon Federal appropriations and a tively, in the form of in-kind goods or services, The SPEAKER pro tempore. Pursu- State can opt out, the governance com- if the contribution of goods or services is ap- ant to the rule, the gentlewoman from mittee charged with implementing the proved by the Governance Committee, as pro- Guam (Ms. BORDALLO) and the gen- program has the enormous responsi- vided in Attachment 1 of the Agreement. tleman from Texas (Mr. GOHMERT) each bility of keeping all stakeholders to- SEC. 104. AUTHORITY TO MODIFY PROGRAM. will control 20 minutes. gether, conversing with affected par- The Program may be modified or amended be- The Chair recognizes the gentle- ties, communities and landowners on fore the completion of the First Increment if the woman from Guam. land and water issues and finding real Secretary and the States determine that the results. Congress will continue to have modifications are consistent with the purposes GENERAL LEAVE of the Program. Ms. BORDALLO. Mr. Speaker, I ask oversight on this program to see if it is SEC. 105. EFFECT. unanimous consent that all Members being run effectively and efficiently. (a) EFFECT ON RECLAMATION LAWS.—No ac- may have 5 legislative days to revise This legislation, if implemented prop- tion carried out under this title shall, with re- and extend their remarks and include erly, can be a win-win for both the peo- spect to the acreage limitation provisions of the extraneous material on the bill under ple and species of the Platte River reclamation laws— consideration. basin. (1) be considered in determining whether a The SPEAKER pro tempore. Is there Mr. Speaker, before I yield back, let district (as the term is defined in section 202 of me just emphasize again there were so the Reclamation Reform Act of 1982 (43 U.S.C. objection to the request of the gentle- 390bb)) has discharged the obligation of the dis- woman from Guam? many interests at work here. I don’t trict to repay the construction cost of project fa- There was no objection. know if anybody is totally thrilled cilities used to make irrigation water available Ms. BORDALLO. Mr. Speaker, I yield with the result, but it seemed to be an for delivery to land in the district; myself such time as I may consume. appropriate way to bring what could be

VerDate Aug 31 2005 01:37 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A22OC7.024 H22OCPT1 hmoore on PRODPC68 with HMHOUSE H11802 CONGRESSIONAL RECORD — HOUSE October 22, 2007 done together to come about with a re- threatened species (piping plover) referred to FUTURE WATER DEVELOPMENT PROJECTS AND sult that will require oversight, will re- as the ‘‘target species.’’ NEW DEPLETIONS quire monitoring. But under the cir- The Federal government is to pay half the One Program purpose is to mitigate the ad- cumstances to keep things from being cost—and the bill authorizes appropriation verse impacts of certain new water-related of those funds. Total authorization would be activities through the implementation of totally shut down, we would encourage $157.14 million plus any needed inflation ad- our colleagues to support this bill. state and Federal depletions plans. This will justments. allow continued growth and water develop- Mr. UDALL of Colorado. Mr. Speaker, I rise RECOVERY PROGRAM ment to occur in the Platte River basin in support of this legislation, which I intro- The Program is designed to secure defined along with improving conditions for the tar- duced earlier this year. benefits for the target species and their asso- get species. I want to express my thanks to Chairman ciated habitats while also providing ESA Mr. GOHMERT. Mr. Speaker, I yield RAHALL, Ranking Member DON YOUNG, Sub- compliance for existing and certain new back the balance of my time. committee Chairwoman NAPOLITANO, and Sub- water-related activities in the Platte River Ms. BORDALLO. Mr. Speaker, I have committee Ranking Member MCMORRIS ROD- basin. It is to be incremental, with the First no further requests for time, and I GERS for making it possible for the bill to come Increment coming over the next 13 years. It yield back the balance of my time. before the House of Representatives today. would be implemented by a Governance Committee with membership including rep- The SPEAKER pro tempore. The The legislation will authorize the Interior De- question is on the motion offered by partment to participate in the implementation resentatives of the three states, the Interior Department, water users, and environmental the gentlewoman from Guam (Ms. of the Platte River Recovery Implementation groups. BORDALLO) that the House suspend the Program for Endangered Species in the Cen- While the Program is designed to provide rules and pass the bill, H.R. 1462, as tral and Lower Platte River Basin. ESA compliance for existing and certain new amended. I consider myself fortunate to have the water-related activities throughout the The question was taken; and (two- honor of introducing it, and am gratified that it Platte River basin upstream of the con- thirds being in the affirmative) the is cosponsored by my Colorado colleagues, fluence of the Platte and the Loup Rivers (in rules were suspended and the bill, as Representatives DEGETTE, SALAZAR, and Nebraska), the land acquisition and manage- ment for the target bird species will occur in amended, was passed. PERLMUTTER, as well as the entire House dele- A motion to reconsider was laid on gations of our neighboring States of Wyoming the central Platte River region (Lexington to Chapman, Nebraska), and Program water the table. and Nebraska. activities would be designed to provide bene- f Its purpose is to continue a cooperative ef- fits for the target bird species in the central fort involving the Federal Government and the Platte River region and for the pallid stur- CENTRAL OKLAHOMA MASTER States of Colorado, Nebraska, and Wyoming geon in the lower Platte River region (below CONSERVANCY DISTRICT FEASI- (and other entities and groups) aimed at re- the confluence with the Elkhorn River). BILITY STUDY covery of endangered species in ways that will ELEMENTS OF THE PROGRAM Ms. BORDALLO. Mr. Speaker, I move not involve the creation of Federal water rights The Program has three main elements—(1) to suspend the rules and pass the bill or requiring the grant of water rights to Fed- increasing stream flows in the central Platte (H.R. 1337) to provide for a feasibility eral entities. River during relevant periods through re- study of alternatives to augment the This legislation is the result of 14 years of timing and water conservation/supply water supplies of the Central Okla- negotiations that culminated last year when projects; (2) enhancing, restoring and pro- homa Master Conservancy District and tecting habitat lands for the target bird spe- the Governors of Colorado, Wyoming, and Ne- cities served by the District, as amend- braska joined Secretary Kempthorne in signing cies; and (3) accommodating certain new water-related activities. ed. the agreement. The Program will achieve these results The Clerk read the title of the bill. Since then, initial implementing steps have through an adaptive management approach The text of the bill is as follows: begun and the President’s budget for fiscal employing scientific monitoring and re- H.R. 1337 2008 has requested the initial funding for the search to evaluate the management actions Be it enacted by the Senate and House of Rep- program. and species habitat needs. These elements resentatives of the United States of America in The program is modeled after a somewhat will be implemented according to underlying Congress assembled, principles that require interests in land to be similar program for the recovery of several en- SECTION 1. CENTRAL OKLAHOMA MASTER CON- acquired only from willing participants and dangered species of fish in the upper basin of SERVATORY DISTRICT FEASIBILITY avoid increasing tax burdens to local citizens the Colorado River. I have strongly supported STUDY. by paying taxes or their equivalent on Pro- (a) FINDINGS.—Congress finds that— that program because it has enabled us in gram lands. Program lands will be held by a Colorado and other participating States to (1) Thunderbird Lake, located on Little River land holding entity (rather than by the Fed- in central Oklahoma, was constructed in 1965 by meet the requirements of the Endangered eral or state governments) and will be man- the Bureau of Reclamation for flood control, Species Act while allowing continued develop- aged under a ‘‘good neighbor’’ policy. water supply, recreation, and fish and wildlife ment and use of water for other purposes as WATER purposes; well. The Program’s long-term objective for (2) the available yield of Thunderbird Lake is While such arrangements are not easy to water is to provide sufficient water to and allocated to the Central Oklahoma Master Con- work out, I think doing so is far better than al- through the central Platte River habitat servatory District, which supplies municipal ternative approaches that are more likely to be area to assist in improving and maintaining and industrial water supplies to the cities of marked by conflicts or litigation. So, I think all habitat for the target species using incentive Norman, Midwest City, and Del City, Okla- based water projects. During the First Incre- homa; and concerned in the negotiation of this important (3) studies conducted by the Bureau during agreement are to be congratulated. ment (13 years) the Program’s objective is to retime and improve flows in the central fiscal year 2003 indicate that the District will re- Mr. Speaker, this is an important bill that de- Platte River to reduce shortages to target quire additional water supplies to meet the fu- serves the support of the entire House, and I flows by an average of 130,000 to 150,000 acre- ture needs of the District, including through— urge its approval. For the benefit of our col- feet per year at Grand Island. (A) the drilling of additional wells; (B) the implementation of a seasonal pool leagues, I am attaching information about the LAND background of the Recovery Program ad- plan at Thunderbird Lake; During the First Increment, the Program’s (C) the construction of terminal storage to dressed by the bill: objective is to protect, restore, and maintain hold wet-weather yield from Thunderbird Lake; BACKGROUND 10,000 acres of habitat. The Program’s long- (D) a reallocation of water storage; and Since 1997, the States of Colorado, Ne- term objective for land is to acquire land in- (E) the importation of surplus water from braska, and Wyoming have worked with terests, restore where appropriate, and main- sources outside the basin of Thunderbird Lake. water users, conservation groups and the In- tain and manage approximately 29,000 acres (b) STUDY.—Beginning no later than 1 year terior Department to develop ways to allow of suitable habitat along the central Platte after the date of enactment of this Act, the Com- continued water use and development along River between Lexington and Chapman, Ne- missioner of the Bureau of Reclamation shall the Platte River to comply with the Endan- braska. Land acquired during the Program’s conduct a feasibility study of alternatives to gered Species Act (ESA). First Increment will be credited to this long- augment the water supplies of the Central Okla- In late 2006 the States and the Interior De- term objective as will certain lands that homa Master Conservatory District and cities partment signed the final agreement for a meet criteria established by the Governance served by the District, including recommenda- basin-wide Recovery Program to benefit Committee but are managed by other enti- tions of the Commissioner, if any. three endangered species (interior least tern, ties such as environmental organizations or (c) AUTHORIZATION OF APPROPRIATIONS.— whooping crane, and pallid sturgeon) and one utility and irrigation districts. There is authorized to be appropriated to the

VerDate Aug 31 2005 01:37 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00024 Fmt 7634 Sfmt 6333 E:\CR\FM\K22OC7.040 H22OCPT1 hmoore on PRODPC68 with HMHOUSE October 22, 2007 CONGRESSIONAL RECORD — HOUSE H11803 Commissioner of the Bureau of Reclamation rules were suspended and the bill, as struct regional brine lines to export the sa- $900,000 to conduct the study under subsection amended, was passed. linity imported from the Colorado River to (b). A motion to reconsider was laid on the Pacific Ocean as identified in— The SPEAKER pro tempore. Pursu- the table. ‘‘(1) the Salinity Management Study pre- ant to the rule, the gentlewoman from pared by the Bureau of Reclamation and the f Metropolitan Water District of Southern Guam (Ms. BORDALLO) and the gen- California; and tleman from Texas (Mr. GOHMERT) each SANTA ANA RIVER WATER SUP- ‘‘(2) the Southern California Comprehen- will control 20 minutes. PLY ENHANCEMENT ACT OF 2007 sive Water Reclamation and Reuse Study The Chair recognizes the gentle- Ms. BORDALLO. Mr. Speaker, I move prepared by the Bureau of Reclamation. woman from Guam. to suspend the rules and pass the bill ‘‘(b) AGREEMENTS AND REGULATIONS.—The Secretary may enter into such agreements GENERAL LEAVE (H.R. 813) to amend the Reclamation Ms. BORDALLO. Mr. Speaker, I ask and promulgate such regulations as are nec- Wastewater and Groundwater Study essary to carry out this section. unanimous consent that all Members and Facilities Act to authorize the Sec- ‘‘(c) COST SHARING.—The Federal share of may have 5 legislative days to revise retary of the Interior to participate in the cost of a project to construct regional and extend their remarks and include the Prado Basin Natural Treatment brine lines described in subsection (a) shall extraneous material on the bill under System Project, to authorize the Sec- not exceed— consideration. retary to carry out a program to assist ‘‘(1) 25 percent of the total cost of the The SPEAKER pro tempore. Is there project; or agencies in projects to construct re- ‘‘(2) $40,000,000. objection to the request of the gentle- gional brine lines in California, to au- woman from Guam? ‘‘(d) LIMITATION.—Funds provided by the thorize the Secretary to participate in Secretary shall not be used for operation or There was no objection. the Lower Chino Dairy Area desalina- maintenance of any project described in sub- Ms. BORDALLO. Mr. Speaker, I yield tion demonstration and reclamation section (a). myself such time as I may consume. project, and for other purposes, as ‘‘(e) SUNSET OF AUTHORITY.—This section The purpose of H.R. 1337, introduced amended. shall have no effect after the date that is 10 by our colleague, Congressman TOM The Clerk read the title of the bill. years after the date of the enactment of this section.’’. COLE of Oklahoma, is to direct the The text of the bill is as follows: Commissioner of the Bureau of Rec- (b) CONFORMING AMENDMENT.—The table of H.R. 813 lamation to conduct a feasibility study sections in section 2 of Public Law 102–575 is further amended by inserting after the last on alternatives to augment the water Be it enacted by the Senate and House of Rep- resentatives of the United States of America in item the following: supplies of the Central Oklahoma Mas- Congress assembled, ‘‘16ll. Regional brine lines.’’. ter Conservancy District and cities SECTION 1. SHORT TITLE. SEC. 4. LOWER CHINO DAIRY AREA DESALINA- served by that district. This Act may be cited as the ‘‘Santa Ana TION DEMONSTRATION AND REC- This legislation was previously con- River Water Supply Enhancement Act of LAMATION PROJECT. sidered by the House, and we have no 2007’’. (a) IN GENERAL.—The Reclamation Waste- objection to this noncontroversial bill. SEC. 2. PRADO BASIN NATURAL TREATMENT SYS- water and Groundwater Study and Facilities Mr. Speaker, I reserve the balance of TEM PROJECT. Act (Public Law 102–575, title XVI; 43 U.S.C. my time. (a) IN GENERAL.—The Reclamation Waste- 390h et seq.) is further amended by adding at Mr. GOHMERT. Mr. Speaker, I yield water and Groundwater Study and Facilities the end the following: myself such time as I may consume. Act (Public Law 102–575, title XVI; 43 U.S.C. ‘‘SEC. 16ll. LOWER CHINO DAIRY AREA DESALI- NATION DEMONSTRATION AND REC- I rise in support of H.R. 1337. 390h et seq.) is amended by adding at the end the following: LAMATION PROJECT. H.R. 1337, authored by Congressman ‘‘(a) IN GENERAL.—The Secretary, in co- TOM COLE, authorizes a feasibility ‘‘SEC. 16ll. PRADO BASIN NATURAL TREAT- operation with the Chino Basin MENT SYSTEM PROJECT. study to assist Norman, Oklahoma, and Watermaster, the Inland Empire Utilities ‘‘(a) IN GENERAL.—The Secretary, in co- Agency, and the Santa Ana Watershed the surrounding area to meet long- operation with the Orange County Water Project Authority and acting under the Fed- term water supplies through the expan- District, shall participate in the planning, eral reclamation laws, shall participate in sion of a Federal water project. design, and construction of natural treat- the design, planning, and construction of the Like many areas throughout the ment systems and wetlands for the flows of Lower Chino Dairy Area desalination dem- the Santa Ana River, California, and its trib- West, these Oklahoma communities onstration and reclamation project. utaries into the Prado Basin. are faced with growing water supply ‘‘(b) COST SHARING.—The Federal share of ‘‘(b) COST SHARING.—The Federal share of challenges. This thoughtful bill pro- the cost of the project described in sub- the cost of the project described in sub- vides limited Federal assistance to ex- section (a) shall not exceed— section (a) shall not exceed 25 percent of the ‘‘(1) 25 percent of the total cost of the pand a Federal reservoir, but preserves total cost of the project. project; or local rights and jurisdiction. ‘‘(c) LIMITATION.—Funds provided by the ‘‘(2) $50,000,000. Although some of us have concerns Secretary shall not be used for the operation ‘‘(c) LIMITATION.—Funds provided by the and maintenance of the project described in that there are people who play football Secretary shall not be used for operation or subsection (a). in the Norman, Oklahoma, area and maintenance of the project described in sub- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— they have been overly aggressive as of section (a). There is authorized to be appropriated to late with some of our Texas teams, we ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— are hopeful that by providing this help carry out this section $20,000,000. There are authorized to be appropriated such UNSET OF AUTHORITY.—This section ‘‘(e) S sums as are necessary to carry out this sec- that it will cool down some of that shall have no effect after the date that is 10 tion. overaggressiveness. years after the date of the enactment of this I would urge my colleagues to sup- ‘‘(e) SUNSET OF AUTHORITY.—This section section.’’. shall have no effect after the date that is 10 port the bill. (b) CONFORMING AMENDMENT.—The table of years after the date of the enactment of this Mr. Speaker, I yield back the balance sections in section 2 of Public Law 102–575 is section.’’. further amended by inserting after the last of my time. (b) CONFORMING AMENDMENT.—The table of Ms. BORDALLO. Mr. Speaker, I item the following: sections in section 2 of Public Law 102–575 is thank my colleague from Texas (Mr. ‘‘16ll. Prado Basin Natural Treatment Sys- further amended by inserting after the last GOHMERT) for his support on this non- tem Project.’’. item the following: controversial bill, and I yield back the SEC. 3. REGIONAL BRINE LINES. ‘‘16ll. Lower Chino dairy area desalination balance of my time. (a) IN GENERAL.—The Reclamation Waste- demonstration and reclamation The SPEAKER pro tempore. The water and Groundwater Study and Facilities project.’’. question is on the motion offered by Act (Public Law 102–575, title XVI; 43 U.S.C. The SPEAKER pro tempore. Pursu- 390h et seq.) is further amended by adding at the gentlewoman from Guam (Ms. the end the following: ant to the rule, the gentlewoman from ORDALLO ORDALLO B ) that the House suspend the ‘‘SEC. 16ll. REGIONAL BRINE LINES. Guam (Ms. B ) and the gen- OHMERT rules and pass the bill, H.R. 1337, as ‘‘(a) SOUTHERN CALIFORNIA.—The Sec- tleman from Texas (Mr. G ) each amended. retary, under Federal reclamation laws and will control 20 minutes. The question was taken; and (two- in cooperation with units of local govern- The Chair recognizes the gentle- thirds being in the affirmative) the ment, may assist agencies in projects to con- woman from Guam.

VerDate Aug 31 2005 01:37 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\A22OC7.025 H22OCPT1 hmoore on PRODPC68 with HMHOUSE H11804 CONGRESSIONAL RECORD — HOUSE October 22, 2007 GENERAL LEAVE ognized the importance of addressing the poses of improving the water storage Ms. BORDALLO. Mr. Speaker, I ask chronic water shortages in Southern California opportunities, water supply reliability, unanimous consent that all Members by providing the funding resources necessary and water yield of San Vicente, El Ca- may have 5 legislative days to revise to help local water agencies improve water re- pitan, Murray, and Loveland Res- and extend their remarks and include liability and diversity. ervoirs in San Diego County, California extraneous material on the bill under H.R. 813, the Santa Ana River Water Sup- in consultation and cooperation with consideration. ply Enhancement Act of 2007, will improve the City of San Diego and the Sweet- The SPEAKER pro tempore. Is there Southern California’s water supply by devel- water Authority, and for other pur- objection to the request of the gentle- oping wetlands in the Prado Basin, and ex- poses. woman from Guam? panding groundwater desalination in the Chino The Clerk read the title of the bill. There was no objection. Basin, and constructing regional brine lines. The text of the bill is as follows: Ms. BORDALLO. Mr. Speaker, I yield Specifically, H.R. 813 authorizes the federal H.R. 1803 myself such time as I may consume. government to spend $20 million to develop Be it enacted by the Senate and House of Rep- Mr. Speaker, the purpose of H.R. 813, large-scale wetlands along the Santa Ana resentatives of the United States of America in as amended, is to authorize the Sec- River in the Prado Basin, to purify the River Congress assembled, retary of the Interior to participate in before it replenishes Orange County’s ground- SECTION 1. SHORT TITLE. several important projects to improve water supplies. This expanded natural treat- This Act may be cited as the ‘‘San Diego water supplies in Southern California. ment system will provide an additional 24.5 Water Storage and Efficiency Act of 2007’’. In consultation with the minority, the billion gallons of water per year. SEC. 2. FEASIBILITY STUDY, PROJECT DEVELOP- legislation has been amended to elimi- In addition, H.R. 813 authorizes $50 million MENT, COST SHARE. (a) IN GENERAL.—The Secretary of the In- nate the authorization and funding for in federal funding to expand groundwater de- a technology center. Similar legisla- terior (hereinafter referred to as ‘‘Sec- salination in the Chino Basin from the current retary’’), in consultation and cooperation tion passed the House in the 109th Con- 2.9 billion gallons per year to 13 billion gallons with the City of San Diego and the Sweet- gress. per year. This will provide a new fresh drinking water Authority, is authorized to undertake So, Mr. Speaker, we support this non- water supply for Jurupa Community Services a study to determine the feasibility of con- controversial bill. District, Santa Ana Mutual Water Company in structing a four reservoir intertie system to Mr. Speaker, I reserve the balance of Riverside County, and the cities of Norco, improve water storage opportunities, water my time. Chino, Chino Hills, and Ontario in San supply reliability, and water yield of the ex- Mr. GOHMERT. Mr. Speaker, I yield isting non-Federal water storage system. Bernardino County. The feasibility study shall document the myself such time as I may consume. Also, the bill authorizes $40 million in fed- I rise in support of H.R. 813. Secretary’s engineering, environmental, and eral funding to provide methods to safely and economic investigation of the proposed res- H.R. 813 does enjoy bipartisan sup- efficiently discard excess brine from nearby ervoir and intertie project taking into con- port from the Orange County, Cali- desalination plants by constructing a line that sideration the range of potential solutions fornia delegation. This legislation transports residual brine to the Pacific Ocean. and the circumstances and needs of the area seeks to reduce Southern California’s This will ensure salt water does not contami- to be served by the proposed reservoir and dependence on imported water by help- nate fresh groundwater supplies. intertie project, the potential benefits to the people of that service area, and improved op- ing localities build needed desaliniza- If we want to sustain America’s economic tion infrastructure in the region. erations of the proposed reservoir and growth and provide for a rapidly increasing intertie system. The Secretary shall indicate Congressman GARY MILLER’s bill population, we must ensure our communities in the feasibility report required under sub- could not be considered at a better have efficient and reliable access to water re- section (d) whether the proposed reservoir time since millions of water consumers sources. By encouraging the use of innovative and intertie project is recommended for con- in Southern California may soon feel technologies through water recycling and de- struction. the brunt of water rationing due to a salination, this bill ensures that more drinking (b) FEDERAL COST SHARE.—The Federal lawsuit and subsequent judicial deci- water will be available across Southern Cali- share of the costs of the feasibility study sion reducing water deliveries to the shall not exceed 50 percent of the total study fornia. costs. The Secretary may accept as part of region. Mr. Speaker, I urge my colleagues to sup- A number of our colleagues, on a bi- the non-Federal cost share, any contribution port this important bill. As it moves forward of such in-kind services by the City of San partisan basis, sent a letter over a through the legislative process, I will continue Diego and the Sweetwater Authority that month ago requesting that the Demo- to urge for its expeditious enactment. the Secretary determines will contribute to- cratic majority hold a hearing on the Mr. GOHMERT. Mr. Speaker, I yield ward the conduct and completion of the impacts of this decision. This Congress back the balance of my time. study. needs to recognize that people are a Ms. BORDALLO. Mr. Speaker, I have (c) COOPERATION.—The Secretary shall con- part of the water equation as well in sult and cooperate with appropriate State, no further requests for time, and I regional, and local authorities in imple- this endangered species debate. We yield back the balance of my time. hope the majority will work with us on menting this section. The SPEAKER pro tempore. The (d) FEASIBILITY REPORT.—The Secretary this important hearing and ways to question is on the motion offered by shall submit to Congress a feasibility report avoid future water shut-offs. the gentlewoman from Guam (Ms. for the project the Secretary recommends, This legislation may be too late to BORDALLO) that the House suspend the and to seek, as the Secretary deems appro- mitigate harmful lawsuits and judicial rules and pass the bill, H.R. 813, as priate, specific authority to develop and con- decisions, but it will help in the long amended. struct any recommended project. This report term; and that is why we support the shall include— The question was taken; and (two- (1) good faith letters of intent by the City bill. thirds being in the affirmative) the Mr. GARY G. MILLER of California. Mr. of San Diego and the Sweetwater Authority rules were suspended and the bill, as and its non-Federal partners to indicate that Speaker, I rise today in support of H.R. 813, amended, was passed. they have committed to share the allocated the Santa Ana River Water Supply Enhance- A motion to reconsider was laid on costs as determined by the Secretary; and ment Act of 2007, which will significantly in- the table. (2) a schedule identifying the annual oper- crease Southern California’s water supply. ation, maintenance, and replacement costs The Santa Ana River Water Supply En- f that should be allocated to the City of San hancement Act of 2007 authorizes federal b 1545 Diego and the Sweetwater Authority, as well funding for a number of important local water as the current and expected financial capa- projects. When complete, these projects will SAN DIEGO WATER STORAGE AND bility to pay operation, maintenance, and re- placement costs. increase Southern California’s water supply by EFFICIENCY ACT OF 2007 over 37 billion gallons per year. Ms. BORDALLO. Mr. Speaker, I move SEC. 3. FEDERAL RECLAMATION PROJECTS. to suspend the rules and pass the bill Nothing in this Act shall supersede or Because of dwindling supplies, increasing amend the provisions of Federal Reclama- demands, and looming drought, Southern Cali- (H.R. 1803) to direct the Secretary of tion laws or laws associated with any project fornia communities continue to seek non-tradi- the Interior to conduct a feasibility or any portion of any project constructed tional methods to produce dependable water study to design and construct a four under any authority of Federal Reclamation sources. I am pleased that the House has rec- reservoir intertie system for the pur- laws.

VerDate Aug 31 2005 01:37 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K22OC7.044 H22OCPT1 hmoore on PRODPC68 with HMHOUSE October 22, 2007 CONGRESSIONAL RECORD — HOUSE H11805 SEC. 4. AUTHORIZATION OF APPROPRIATIONS. Ms. BORDALLO. Mr. Speaker, I yield a cooperative agreement between the Sec- There is authorized to be appropriated to back the balance of my time. retary and the District for the Project. Such the Secretary $3,000,000 for the Federal cost The SPEAKER pro tempore. The cooperative agreement shall set forth in a share of the study authorized in section 2. manner acceptable to the Secretary and the question is on the motion offered by SEC. 5. SUNSET. District the responsibilities of the District The authority of the Secretary to carry the gentlewoman from Guam (Ms. for participating, which shall include— out any provisions of this Act shall termi- BORDALLO) that the House suspend the (1) engineering and design; nate 10 years after the date of the enactment rules and pass the bill, H.R. 1803. (2) construction; and of this Act. The question was taken; and (two- (3) the administration of contracts per- The SPEAKER pro tempore. Pursu- thirds being in the affirmative) the taining to any of the foregoing. rules were suspended and the bill was SEC. 5. AUTHORIZATION FOR THE MADERA ant to the rule, the gentlewoman from WATER SUPPLY AND ENHANCEMENT Guam (Ms. BORDALLO) and the gen- passed. PROJECT. tleman from Texas (Mr. GOHMERT) each A motion to reconsider was laid on (a) AUTHORIZATION OF CONSTRUCTION.—The will control 20 minutes. the table. Secretary, acting pursuant to the Federal reclamation laws (Act of June 17, 1902; 32 The Chair recognizes the gentle- f woman from Guam. Stat. 388), and Acts amendatory thereof or supplementary thereto, is authorized to GENERAL LEAVE MADERA WATER SUPPLY ENHANCEMENT ACT enter into a cooperative agreement through Ms. BORDALLO. Mr. Speaker, I ask the Bureau of Reclamation with the District unanimous consent that all Members Ms. BORDALLO. Mr. Speaker, I move for the support of the final design and con- may have 5 legislative days to revise to suspend the rules and pass the bill struction of the Project. and extend their remarks and include (H.R. 1855) to authorize the Secretary (b) TOTAL COST.—The total cost of the Project for the purposes of determining the extraneous material on the bill under of the Interior, acting through the Bu- Federal cost share shall not exceed consideration. reau of Reclamation to enter into a co- $90,000,000. The SPEAKER pro tempore. Is there operative agreement with the Madera (c) COST SHARE.—The Federal share of the objection to the request of the gentle- Irrigation District for purposes of sup- capital costs of the Project shall not exceed woman from Guam? porting the Madera Water Supply En- 25 percent of the total cost. Capital, plan- There was no objection. hancement Project, as amended. ning, design, permitting, construction, and Ms. BORDALLO. Mr. Speaker, I yield The Clerk read the title of the bill. land acquisition costs incurred by the Dis- myself such time as I may consume. trict prior to the date of the enactment of The text of the bill is as follows: this Act shall be considered a portion of the H.R. 1803, introduced by Congressman H.R. 1855 non-Federal cost share. DUNCAN HUNTER, would direct the Sec- Be it enacted by the Senate and House of Rep- (d) CREDIT FOR NON-FEDERAL WORK.—The retary of the Interior to conduct a fea- resentatives of the United States of America in District shall receive credit toward the non- sibility study to design and construct a Congress assembled, Federal share of the cost of the Project for— four-reservoir intertie system. This (1) in-kind services that the Secretary de- SECTION 1. SHORT TITLE. termines would contribute substantially to- intertie system will improve the water This Act may be cited as the ‘‘Madera storage opportunities and water supply ward the completion of the project; Water Supply Enhancement Act’’. (2) reasonable costs incurred by the Dis- reliability for the City of San Diego SEC. 2. DEFINITIONS. trict as a result of participation in the plan- and the Sweetwater Authority, the For the purposes of this Act: ning, design, permitting, and construction of third largest water retailer in San (1) DISTRICT.—The term ‘‘District’’ means the Project; and Diego County. Similar legislation was the Madera Irrigation District, Madera, Cali- (3) the acquisition costs of lands used or passed by the House in the 109th Con- fornia. acquired by the District for the Project. gress. (2) PROJECT.—The term ‘‘Project’’ means (e) LIMITATION.—The Secretary shall not We have no objection to this non- the Madera Water Supply Enhancement provide funds for the operation or mainte- Project, a groundwater bank on the 13,646- nance of the Project authorized by this sec- controversial bill. acre Madera Ranch in Madera, California, tion. The operation, ownership, and mainte- Mr. Speaker, I reserve the balance of owned, operated, maintained, and managed nance of the Project shall be the sole respon- my time. by the District that will plan, design, and sibility of the District. Mr. GOHMERT. Mr. Speaker, I rise in construct recharge, recovery, and delivery (f) PLANS AND ANALYSES CONSISTENT WITH support of H.R. 1803 and yield myself systems able to store up to 250,000 acre-feet FEDERAL LAW.—Before obligating funds for such time as I may consume. of water and recover up to 55,000 acre-feet of design or construction under this section, This important legislation was intro- water per year, as substantially described in the Secretary shall work cooperatively with the California Environmental Quality Act, the District to use, to the extent possible, duced by our colleagues from Cali- plans, designs, and engineering and environ- fornia, President—not President yet— Final Environmental Impact Report for the Madera Irrigation District Water Supply En- mental analyses that have already been pre- DUNCAN HUNTER and SUSAN DAVIS, both hancement Project, September 2005. pared by the District for the Project. The Secretary shall ensure that such information colleagues here in Congress. It rep- (3) SECRETARY.—The term ‘‘Secretary’’ resents the first step in expanding in- means the Secretary of the United States as is used is consistent with applicable Fed- eral laws and regulations. creasingly scarce water supplies for the Department of the Interior. (g) TITLE; RESPONSIBILITY; LIABILITY.— citizens of the San Diego area. (4) TOTAL COST.—The term ‘‘total cost’’ Nothing in this section or the assistance pro- This bill authorizes the Bureau of means all reasonable costs, such as the plan- vided under this section shall be construed Reclamation to assess the feasibility of ning, design, permitting, and construction of to transfer title, responsibility, or liability constructing an intertie system be- the Project and the acquisition costs of lands related to the Project to the United States. tween four reservoirs. Several of these used or acquired by the District for the (h) AUTHORIZATION OF APPROPRIATION.— Project. reservoirs are significantly below ca- There is authorized to be appropriated to the pacity in most years. Once inter- SEC. 3. PROJECT FEASIBILITY. Secretary to carry out this Act $22,500,000 or (a) PROJECT FEASIBLE.—Pursuant to the 25 percent of the total cost of the Project, connected, water could then be trans- Reclamation Act of 1902 (32 Stat. 388) and whichever is less. ported to the unused space. Acts amendatory thereof and supplemental SEC. 6. SUNSET. Growing populations and reduced thereto, the Project is feasible and no fur- The authority of the Secretary to carry water storage opportunities require us ther studies or actions regarding feasibility out any provisions of this Act shall termi- to make efficient use of the supplies are necessary. nate 10 years after the date of the enactment that we have, and this bill does just (b) APPLICABILITY OF OTHER LAWS.—The of this Act. that. Secretary shall implement the authority The SPEAKER pro tempore. Pursu- I urge my colleagues to support this provided in this Act in accordance with all ant to the rule, the gentlewoman from applicable Federal laws, including the Na- noncontroversial bill, which also Guam (Ms. BORDALLO) and the gen- tional Environmental Policy Act of 1969 (42 passed the House in the last Congress. U.S.C. 4321 et seq.) and the Endangered Spe- tleman from Texas (Mr. GOHMERT) each It also follows the adage that an east cies Act of 1973 (7 U.S.C. 136; 16 U.S.C. 460 et will control 20 minutes. Texan once told me, ‘‘Use what you seq.). The Chair recognizes the gentle- got.’’ This will allow us to do that. I SEC. 4. COOPERATIVE AGREEMENT. woman from Guam. urge support of this bill. All final planning and design and the con- GENERAL LEAVE Mr. Speaker, I yield back the balance struction of the Project authorized by this Ms. BORDALLO. Mr. Speaker, I ask of my time. Act shall be undertaken in accordance with unanimous consent that all Members

VerDate Aug 31 2005 03:35 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\A22OC7.031 H22OCPT1 hmoore on PRODPC68 with HMHOUSE H11806 CONGRESSIONAL RECORD — HOUSE October 22, 2007 may have 5 legislative days to revise ply Enhancement Act. This legislation author- That the Senate passed without amend- and extend their remarks and include izes the Bureau of Reclamation to participate ment H.R. 3233. extraneous material on the bill under in the design and construction of the Madera With best wishes, I am, consideration. Water Supply Enhancement Project. This im- Sincerely, The SPEAKER pro tempore. Is there LORRAINE C. MILLER, portant water bank project will help improve Clerk of the House. objection to the request of the gentle- water supply in California’s San Joaquin Val- woman from Guam? ley, which includes my congressional district. f There was no objection. The Project will be located on the over SUPPORTING THE GOALS OF NA- Ms. BORDALLO. Mr. Speaker, I yield 13,000-acre Madera Ranch, where the soils TIONAL BULLYING PREVENTION myself such time as I may consume. are ideal for percolating water from the sur- AWARENESS WEEK The purpose of H.R. 1855, as amended, face to the aquifer for storage. The land is Mrs. MCCARTHY of New York. Mr. is to authorize the Secretary of the In- also a valuable habitat for numerous species Speaker, I move to suspend the rules terior to provide support for the design and contains large sections of the region’s na- and agree to the resolution (H. Res. and the construction of the Madera tive grasslands. Water Supply and Enhancement Since I first introduced this legislation in 762) supporting the goals of National Project in California’s Central Valley. early 2006 the water supply needs of the area Bullying Prevention Awareness Week. Similar legislation was introduced by have only increased. Court decisions and The Clerk read the title of the resolu- Congressman RADANOVICH in the 109th drought have led to an increasing demand on tion. Congress and passed by the House. water supply in California. Groundwater pump- The text of the resolution is as fol- With the concurrence of the minority, ing is exceeding groundwater recharge by ap- lows: H.R. 1855 has been amended to simplify proximately 100,000 acre-feet per year, caus- H. RES. 762 the legislation and to ensure there is ing severe groundwater level declines. This Whereas bullying among school-aged chil- no doubt that this project should be water bank, by storing excess water in wet dren is aggressive behavior that is inten- promptly funded and constructed with- years, will provide a much needed source of tional, often involves an imbalance of power out further studies of its feasibility. water in dry years and facilitate the restoration or strength, and is typically repeated over We have no objection to this non- time; of groundwater levels over time. Whereas by some estimates, millions of controversial bill. The Madera Irrigation District has worked Mr. Speaker, I reserve the balance of students are bullied each year; tirelessly to develop this exciting and innova- Whereas bullying can take many forms, in- my time. tive project that will increase water supply, cluding hitting or punching; teasing or Mr. GOHMERT. Mr. Speaker, I rise in provide groundwater resource protection, con- name-calling; intimidating through gestures support of H.R. 1855 and yield myself tribute to habitat conservation and have other or social exclusion, and sending insulting, such time as I may consume. positive impacts on the severe water supply threatening, or offensive messages or images Mr. Speaker, this legislation, spon- and reliability problem in the area. via e-mail, text, telephone, or other elec- sored by our California colleague and The looming water crisis in California de- tronic means; former Water and Power Sub- mands more feasible water supply projects, Whereas there is no single cause of bul- committee Chair GEORGE RADANOVICH, lying among school-aged children; rather, in- such as this water bank. I am encouraged by dividual, familial, peer, school, and commu- authorizes the Bureau of Reclamation the authorization of this project and look for- to participate in the design and con- nity factors may place a child or youth at ward to many more projects to ensure the risk of bullying his or her peers; struction of the Madera Water Supply water supply and quality in California. Com- Whereas a majority of parents, students, and Enhancement Project. panion legislation has been introduced by and educators report that bullying and har- Due to a rapidly growing population Senator DIANNE FEINSTEIN. Hopefully, with the assment are issues of major concern; and lawsuits filed, once again we hear support of the Senate we will see this project Whereas school-aged children who are about those lawsuits filed by San Fran- bullied are more likely than other children come to fruition. to be depressed, lonely, or anxious; have low cisco-based environmental organiza- I urge my colleagues to support this legisla- tions, the San Joaquin Valley of Cali- self-esteem; be absent from school; have tion to expand water supply opportunities in more physical complaints, such as headaches fornia faces increasing demands on its Madera and California’s San Joaquin Valley. limited water supply. If excess water in and stomach aches; and think about suicide; Ms. BORDALLO. Mr. Speaker, I yield Whereas bullying others may be an early the San Joaquin River exists, this back the balance of my time. sign of other serious antisocial or violent be- project would store those flows in a The SPEAKER pro tempore. The havior or both; nearby aquifer underneath the 13,000- question is on the motion offered by Whereas school-aged children who fre- acre Madera Ranch. This stored water the gentlewoman from Guam (Ms. quently bully their peers are more likely bank could prove critical to meeting BORDALLO) that the House suspend the than their peers to get into frequent fights, demands in dry years. rules and pass the bill, H.R. 1855, as be injured in a fight, vandalize or steal prop- This legislation also unilaterally de- erty, drink alcohol, smoke, be truant from amended. school, drop out of school, or carry a weapon; clares the project feasible, which is The question was taken; and (two- something the bureaucracy would nor- Whereas harassment and bullying have thirds being in the affirmative) the been linked to 75 percent of school shooting mally take years and much paperwork rules were suspended and the bill, as incidents, including the fatal shootings at to decide. We commend the majority amended, was passed. Columbine High School in Colorado, Santana for agreeing to this rarely-used con- A motion to reconsider was laid on High School in California, and the Virginia gressional declaration for a water stor- the table. Polytechnic Institute and State University age project. f (Virginia Tech); With that, Mr. Speaker, I would like Whereas the stresses of being bullied or to commend my colleague across the COMMUNICATION FROM THE harassed can interfere with student’s engage- aisle again, a Member of Congress with CLERK OF THE HOUSE ment and learning in school and may have a The SPEAKER pro tempore laid be- negative impact on student learning; true grace and class. I appreciate her Whereas research indicates that bullying work on these bills, and I urge my col- fore the House the following commu- at school can be significantly reduced leagues to support this particular legis- nication from the Clerk of the House of through comprehensive, school-wide pro- lation. Representatives: grams designed to change norms for behav- Mr. Speaker, I yield back the balance OFFICE OF THE CLERK, ior; and of my time. HOUSE OF REPRESENTATIVES, Whereas National Bullying Prevention Ms. BORDALLO. Mr. Speaker, it has Washington, DC, October 22, 2007. Awareness Week is October 21 through Octo- been a pleasure to work with my Hon. NANCY PELOSI, ber 27: Now, therefore, be it friend, the gentleman from Texas (Mr. Speaker, House of Representatives, Washington, Resolved, That the House of Representa- tives— GOHMERT), in managing these non- DC. DEAR MADAM SPEAKER: Pursuant to the (1) recognizes that bullying of school-aged controversial bills this afternoon, and I permission granted in Clause 2(h) of Rule II children is a national concern; want to thank him very much. I hope of the Rules of the U.S. House of Representa- (2) recognizes that bullying is unhealthy we have the opportunity again. tives, the Clerk received the following mes- for our families and communities; Mr. RADANOVICH. Mr. Speaker, I rise in sage from the Secretary of the Senate on Oc- (3) commends the efforts of national and support of H.R. 3897, the Madera Water Sup- tober 22, 2007, at 9:51 a.m.: community organizations, schools, parents,

VerDate Aug 31 2005 04:20 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K22OC7.049 H22OCPT1 hmoore on PRODPC68 with HMHOUSE October 22, 2007 CONGRESSIONAL RECORD — HOUSE H11807 recreation programs, and religious institu- Mr. Speaker, I reserve the balance of California, who has been working on tions for their efforts to promote greater my time. this issue for many, many years. public awareness about bullying and preven- Mr. KUHL of New York. Mr. Speaker, b 1600 tion activities; and I yield myself such time as I may con- (4) supports the goals of National Bullying sume. Ms. LINDA T. SA´ NCHEZ of Cali- Prevention Awareness Week. Mr. Speaker, I rise today in support fornia. Mr. Speaker, I rise today in The SPEAKER pro tempore. Pursu- of House Resolution 762, supporting the strong support of this resolution, sup- ant to the rule, the gentlewoman from goals of National Bullying Prevention porting the goals of National Bullying New York (Mrs. MCCARTHY) and the Awareness Week. Prevention Week. It is time that we gentleman from New York (Mr. KUHL) According to the Health Resources recognize that bullying is a serious each will control 20 minutes. and Services Administration of the problem and support our local commu- The Chair recognizes the gentle- United States Department of Health nities in their attempts to address it. woman from New York. and Human Services, bullying is ag- Contrary to what is sadly still pop- GENERAL LEAVE gressive behavior that is intentional, ular belief, bullying is neither a minor Mrs. MCCARTHY of New York. Mr. repeated over time, and involves an im- nuisance nor something to be laughed Speaker, I request 5 legislative days balance of power or strength. off. It is not a rite of passage, but in- during which Members may insert ma- In practical terms, bullying happens stead an aggressive interference with a terial relevant to H. Res. 762 into the when one child purposely hurts, scares child’s right to go to school, to learn, RECORD. or intimidates another. Bullying can and to play in safety. Although any The SPEAKER pro tempore. Is there seriously affect the mental and phys- child may be bullied, some children objection to the request of the gentle- ical health as well as the academic face much greater risks than others. woman from New York? work of children who are targeted. Children whom others perceive to be There was no objection. Bullying can take place face to face, gay or lesbian are especially at risk, as Mrs. MCCARTHY of New York. I online or through other types of tech- are children who are obese. yield myself such time as I may con- nology, such as text messaging over Just what kind of dangers do these sume. cell phones. The person being bullied children face? Here are just two stories (Mrs. MCCARTHY of New York asked has a difficult time defending himself and was given permission to revise and of students bullied on the basis of their or herself and feels victimized or sexual orientation. extend her remarks.) abused. Usually bullying happens re- Mrs. MCCARTHY of New York. Mr. One California student was recently peatedly, and studies show that be- subjected to verbal harassment and Speaker, I rise in support of National tween 15 and 25 percent of U.S. stu- Bullying Prevention Awareness Week. name-calling by students and teachers, dents are bullied with some frequency. spit on in school hallways, subjected to Bullying among children is aggres- Bullying is prevalent, and children sexually suggestive touching, and even sive behavior that is intentional and are concerned about it. In a 2003 Harris referred to an independent study pro- often repeated over time. It is esti- poll of 8- to 17-year-old girls commis- gram, as if the bullying and harass- mated that 3.2 million students are sioned by the Girl Scouts of America, ment were the victim’s fault. bullied each year. These children that bullying topped girls’ lists of concerns A Kentucky student received death are victims of bullying often have a regarding their safety. When asked threats, repeated unwanted sexual con- hard time defending themselves. They what they worried most about, the tact, offensive and hostile verbal abuse, are the target of hitting, teasing, common response was being socially and sexual intimidation and humilia- name-calling, intimidation and social ostracized, being made fun of, or being tion, including sexually explicit graf- exclusion. With the arrival of the dig- teased. To protect kids who are bullied, ital age, bullying is taking place over parents and adults must understand fiti on the school parking lot depicting e-mail in online communities such as what bullying is, how harmful it can two male figures engaged in a sexual MySpace and Facebook. be, and the best ways to stop bullying act with the student’s name above the There is no single cause of bullying behaviors. picture. among school children. Several factors According to the American Psycho- It is regrettable that not all my col- can make a child the target of aggres- logical Association, the most effective leagues agree that all adults should be sive bullying. What we do know is that prevention strategies are comprehen- treated equally regardless of their sex- students with disabilities and special sive in nature, involving the entire ual orientation or gender identity. But needs are more often targeted by bul- school as a community working to surely we can agree that all children lies. Overweight and obese children are change the climate of the school and deserve to be protected from abuse. also far more likely to be the victims norms of behavior. It’s crucial that As many as three-quarters of school of bullying. This weight-based teasing parents, educators and administrators, shooting incidents have been linked to often causes body image issues with health care professionals and research- bullying and harassment. We know the children, sometimes leading to de- ers work together to reduce bullying. that the shooters in the Columbine pression and even suicide. Bullying can Campaigns are taking place in the U.S. High School and Virginia Tech trage- often be a sign of serious antisocial be- and abroad to teach children that they dies were bullying victims. havior, and many children who bully play an important role in the preven- Yet, even in the face of this evidence, are often dealing with issues in their tion of bullying and to raise awareness many communities have still failed to home life. of the problem among adults. Children take action against bullying. It is time We have all seen the horrors that can should feel comfortable in their com- for us to stop making excuses for ag- occur when bullying does go un- munities and in their schools. They gressive behavior. Instead of letting checked. The students at Columbine should not have to fear harassment, our most vulnerable young people fend High School were the subjects of con- abuse or exclusion. We must continue for themselves, we, as adults, must stant bullying. We are all aware of to support efforts to combat bullying. help schools address this problem. We what happened when they reached I thank the gentlewoman from New must get the word out that bullying is their breaking point. York (Mrs. MCCARTHY) for introducing never okay. Congress cannot sit and wait for an- this resolution. I ask for my col- Kids can’t succeed in school if other tragedy to occur before we act. leagues’ support. they’re being bullied and harassed. That is why I have introduced, with my Mr. Speaker, I reserve the balance of I’m pleased to be able to honor today colleague, today’s resolution. The reso- my time. a wide variety of groups that are work- lution recognizes this week as National Mrs. MCCARTHY of New York. Mr. ing to help parents, schools, and com- Bullying Prevention Awareness Week, Speaker, I want to thank my colleague munities combat bullying and harass- and commends the many programs and from New York (Mr. KUHL) for his work ment. organizations that do great work in in working on this bipartisan agree- I also honor those that teach chil- preventing the cycle of bullying. ment. dren how to nonviolently defend them- I urge my colleagues to support this Mr. Speaker, I yield 5 minutes to selves against bullying, whether in per- resolution. Congresswoman LINDA SA´ NCHEZ from son or via electronic means such as e-

VerDate Aug 31 2005 03:35 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\A22OC7.033 H22OCPT1 hmoore on PRODPC68 with HMHOUSE H11808 CONGRESSIONAL RECORD — HOUSE October 22, 2007 mail, telephone, or text message. For question is on the motion offered by Intercollegiate Bowling National Champion- example, nonprofit groups like i-SAFE, the gentlewoman from New York (Mrs. ship Tournament: Now, therefore, be it Resolved, That the House of Representa- TeenAngels, and TweenAngels have de- MCCARTHY) that the House suspend the tives— veloped curricula that help children rules and agree to the resolution, H. (1) congratulates and commends the Wich- and youth stay safe online. And the Na- Res. 762. ita State University (WSU) women’s bowling tional PTA and the American Psycho- The question was taken. team for winning the 2007 United States logical Association have provided in- The SPEAKER pro tempore. In the Bowling Congress (USBC) Intercollegiate strumental support for efforts to assist opinion of the Chair, two-thirds being Bowling National Championship Tour- local schools in their attempts to cre- in the affirmative, the ayes have it. nament; ate a safer, bullying-free environment. Mrs. MCCARTHY of New York. (2) recognizes the significant achievements I am so pleased that Congress is Madam Speaker, on that I demand the of the players, coaches, students, alumni, and support staff whose dedication and hard working in a bipartisan way to advance yeas and nays. work helped the WSU women’s bowling team this resolution, which recognizes that The yeas and nays were ordered. win the national championship; and bullying and harassment are violent The SPEAKER pro tempore. Pursu- (3) respectfully requests the Clerk of the and damaging behaviors that we can ant to clause 8 of rule XX and the House of Representatives to transmit en- and must address. Chair’s prior announcement, further rolled copies of this resolution to the fol- Additionally, I am pleased that proceedings on this motion will be lowing individuals for appropriate display— Chairman GEORGE MILLER and Ranking postponed. (A) Donald L. Beggs, President of Wichita State University; Member BUCK MCKEON of the Edu- f cation and Labor Committee have al- (B) Gordon Vadakin, Head Coach; CONGRATULATING THE WICHITA (C) Mark Lewis, Women’s Coach; and ready gone a step farther. In their No (D) Kristal Scott, Assistant Women’s Child Left Behind reauthorization dis- STATE UNIVERSITY WOMEN’S BOWLING TEAM FOR WINNING Coach. cussion draft, they have included lan- The SPEAKER pro tempore. Pursu- guage that will ensure that schools can THE 2007 UNITED STATES BOWL- ING CONGRESS INTERCOLLE- ant to the rule, the gentlewoman from use their Safe and Drug Free Schools New York (Mrs. MCCARTHY) and the funding to reduce bullying and harass- GIATE BOWLING NATIONAL CHAMPIONSHIP gentleman from New York (Mr. KUHL) ment. each will control 20 minutes. I ask my colleagues to join me, not Mrs. MCCARTHY of New York. The Chair recognizes the gentle- only in supporting this resolution, but Madam Speaker, I move to suspend the woman from New York. rules and agree to the resolution (H. also in supporting other legislation GENERAL LEAVE Res. 472) congratulating and com- that would protect our children and Mrs. MCCARTHY of New York. youth from bullying and harassment. mending the Wichita State University Madam Speaker, I request 5 legislative No student should be denied full access women’s bowling team for winning the days during which Members may insert to education as a result of the fear and 2007 United States Bowling Congress material relevant to H. Res. 472 into Intercollegiate Bowling National intimidation that stems from instances the RECORD. of bullying and harassment. All our Championship. The SPEAKER pro tempore. Is there children deserve to be safe. The Clerk read the title of the resolu- objection to the request of the gentle- I want to commend again the gentle- tion. woman from New York? woman from New York (Mrs. MCCAR- The text of the resolution is as fol- There was no objection. THY) for her work on this resolution. lows: Mrs. MCCARTHY of New York. Thank you. H. RES. 472 Madam Speaker, I yield myself such Mr. KUHL of New York. Madam Whereas on April 21, 2007, the Wichita time as I may consume. Speaker, I might inquire as to whether State University (WSU) women’s bowling (Mrs. MCCARTHY of New York asked or not the gentlewoman from New team won the 2007 United States Bowling and was given permission to revise and York has any additional speakers. Congress (USBC) Intercollegiate Bowling Na- extend her remarks.) Mrs. MCCARTHY of New York. tional Championship Tournament in Wich- Mrs. MCCARTHY of New York. Madam Speaker, we have no more ita, Kansas; Madam Speaker, I want to congratu- speakers. Whereas WSU, on the final day of the tour- late the Wichita State University wom- Mr. KUHL of New York. Madam nament, defeated Central Florida University 4 games to 1 in the semi-finals and en’s bowling team for winning the 2007 Speaker, I would thank the gentle- McKendree College (Illinois) 2 games to 0 in United States Bowling Congressional woman for bringing this resolution to the finals to win the national championship; Intercollegiate Bowling National the floor once again, and I yield back Whereas the WSU women’s bowling team Championship. On April 21, 2007, the the balance of my time. has won eight Intercollegiate Bowling Na- Wichita State University women’s Mrs. MCCARTHY of New York. tional Championships (1975, 1977, 1978, 1986, bowling team won the 2007 USBC Bowl- Madam Speaker, we have heard some 1990, 1994, 2005, and 2007) and has advanced to ing National Championship Tour- points about bullying in our schools the national tournament a record 31 times; nament by defeating Central Florida across America. Recently, the Girl Whereas Head Coach Gordon Vadakin has coached the WSU bowling team since 1978, University in Wichita, Kansas. Scouts of America had actually done a leading them to the Intercollegiate Bowling I also want to congratulate head survey. In my home district, they National Championship Tournament 29 times coach Gordon Vadakin, women’s coach asked their Girl Scouts and their and has coached the team to six national ti- Mark Lewis, assistant women’s coach Brownies on addressing bullying and tles; Kristal Scott, athletic director Jim asked if any of them had participated Whereas Women’s Coach Mark Lewis and Schaus, Wichita State University in it. They were actually shocked at Assistant Women’s Coach Kristal Scott di- president Donald L. Beggs and the stu- how many of their girls, Girl Scouts, rectly coached the 2007 WSU women’s bowl- dent athletes on an excellent season. actually participated in bullying. ing team to the national championship in After bowling eight events, the wom- Wichita, Kansas; en’s team played 362 games and I think that when we look at bul- Whereas both Head Coach Gordon Vadakin lying today, it is an issue that teach- and Women’s Coach Mark Lewis are mem- knocked down 68,227 pins for an aver- ers, parents, students themselves need bers of the USBC Hall of Fame; age score of 188.5 points. This was the to be educated on. With that, I am hop- Whereas the 2007 national championship eighth Intercollegiate Bowling Na- ing that this resolution will go forward team is comprised of the following members: tional Championship for the Wichita so people are aware. Bullying cannot be Daniela Alvarado, Ashley Cox, Elysia Cur- State University women’s bowling tolerated. It does hurt our young peo- rent, Sandra Gongora, Melissa Hurst, team and a record 31st appearance at ple. It certainly hurts their self-image. Samantha Linder, Emily Maier, Rocio the national tournament. The Shock- Restrepo, Ricki Williams, and Felicia Wong; ers also had two juniors, Elysia Cur- It is something that we need to face. and Madam Speaker, I yield back the bal- Whereas WSU Juniors Elysia Current and rent and Emily Maier, named as First ance of my time. Emily Maier were named as First Team All- Team All-Americans, with Emily The SPEAKER pro tempore (Ms. LO- Americans, and Maier was named as a mem- Maier being named to the All-Tour- RETTA SANCHEZ of California). The ber of the All-Tournament Team of the 2007 nament team.

VerDate Aug 31 2005 03:35 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K22OC7.053 H22OCPT1 hmoore on PRODPC68 with HMHOUSE October 22, 2007 CONGRESSIONAL RECORD — HOUSE H11809 Winning the 2007 USBC Bowling Na- Madam Speaker, I reserve the bal- Vadakin and Mark Lewis, who are tional Championship Tournament and ance of my time. themselves members of USBC Hall of winning their eighth national title has Mrs. MCCARTHY of New York. Does Fame. Head coach Gordon Vadakin has revealed its excellent athletic program my colleague from New York have any coached the team since 1978, leading it at Wichita State University to the Na- more speakers? to the Intercollegiate Bowling Na- tion. I know the fans, students, and Mr. KUHL of New York. Yes, Madam tional Championship Tournament 29 alumni of the university will remember Speaker, I have one, and if it would be times and has coached the team to six this moment for many years to come. appropriate, I yield 5 minutes at this national titles. Women’s coach Mark Madam Speaker, once again I con- time to my colleague Mr. TIAHRT from Lewis and assistant women’s coach gratulate Wichita State University for Kansas. Kristal Scott directly coached the 2007 their success. Mr. TIAHRT. Madam Speaker, I WSU women’s team to the national I reserve the balance of my time. thank the gentleman from New York. I championship in Wichita, Kansas. Mr. KUHL of New York. Madam am pleased today to have the privilege The 2007 national championship team Speaker, I yield myself such time as I of honoring the 2007 National Cham- is comprised of the following members: may consume. pionship Wichita State University Daniela Alvarado, Ashley Cox, Elysia Madam Speaker, I rise today in sup- women’s bowling team. House Resolu- Current, Sandra Gongora, Melissa port of House Resolution 472, congratu- tion 472 congratulates and commends Hurst, Samantha Linder, Emily Maier, lating and commending the Wichita the Wichita State University’s bowling Rocio Restrepo, Ricki Williams and State University’s bowling team for team for winning the 2007 United Felicia Wong. WSU juniors, Elysia Cur- winning the 2007 United States Bowling States Bowling Congress Intercolle- rent and Emily Maier, were named the Congress Intercollegiate Bowling Na- giate Bowling National Championship. First Team All-Americans, and Maier tional Championship. On April 21, 2007, Though known for its baseball and was named as the member of the All- the Wichita State University Shockers, lately its basketball teams, the Shock- Tournament team of the Intercolle- as they are called, women’s bowling ers have had a long tradition of cham- giate Bowling Championship Tour- team defeated McKendree College two pionship bowlers, and last year’s team nament. I also want to thank Amy games to none to claim their eighth again made the region proud. The Skeen of my staff who worked on this national championship. Wichita State University’s women’s resolution and getting it to the floor. In game one, both teams went head- bowling team has won eight intercolle- Once again, I am very pleased that to-head in a low-scoring match. How- giate bowling national championships, today the United States House of Rep- ever, the Shockers were able to cap- 1975, 1977, 1978, 1986, 1990, 1994, 2005, and resentatives will congratulate and italize on a McKendree split and pull now 2007, and has advanced to the na- commend the Wichita State Univer- out a win 138–128. Close match. In the tional tournament a record 31 times. sity’s women’s bowling team for win- second match, the Shockers com- On April 21, 2007, the Wichita State ning the 2007 Intercollegiate Bowling pletely outplayed McKendree as senior University’s women’s bowling team National Championship Tournament. Felicia Wong and junior Emily Maier won the 2007 United States Bowling Go Shox. doubled in the third and fourth frame Congress Intercollegiate Bowling Na- Mrs. MCCARTHY of New York. and again in the eighth and the ninth tional Championship Tournament in Madam Speaker, in closing, I urge my to close out the match and claim the Wichita by defeating Central Florida colleagues to support House Resolution title. University four games to one in the 472. Team athletic competition teaches This year’s title is the team’s first semi-finals and McKendree College of student athletes teamwork, coopera- since 2005 and the eighth overall, which Illinois two games to zero in the finals. tion, and leadership. These skills will is the most in all of college bowling Wichita State University earned the translate into the classroom for each history. This title also adds to the second seed on the day after com- student as well as into their profes- amazing legacy of Wichita State bowl- pleting 32 baker games. On day two, sional lives. I urge my colleagues to ing, as it is the 15th in school history, the team defeated Ohio State Univer- vote ‘‘yes’’ on H. Res. 472, celebrating eight women’s titles, seven men’s ti- sity four games to one in the best of the success of the Wichita State Uni- tles. seven series, Purdue University four to versity Shockers. Founded in 1895, Wichita State Uni- one and Newman University four Mr. KUHL of New York. I yield back versity offers more than 60 under- games to two to advance to the semi- the balance of my time, Madam Speak- graduate degree programs in more than finals. er. 200 areas of study in six undergraduate On the final day of the tournament, The SPEAKER pro tempore. The colleges. The graduate school offers an the Wichita State University women question is on the motion offered by extensive program, including 44 mas- defeated Central Florida University the gentlewoman from New York (Mrs. ter’s degrees in more than 100 areas four games to one in the semi-finals MCCARTHY) that the House suspend the and a specialist in education degree. It and McKendree College two games to rules and agree to the resolution, H. offers doctoral degrees in applied zero in the finals to win the national Res. 472. mathematics and chemistry, commu- championship at home at Northrock The question was taken; and (two- nicative disorders and sciences, psy- Lanes. thirds being in the affirmative) the chology, educational administration Despite having a top caliber team, rules were suspended and the resolu- and aerospace, and electrical, indus- the championship was not assured tion was agreed to. trial and mechanical engineering. going into the season because the A motion to reconsider was laid on Together with the City of Wichita, Shockers had lost seven players from the table. Wichita State University has built one their top-ranked team from the 2006 of the most unique partnerships in season. The 2007 additions included six f Kansas, one that over the years has new members and three international b 1615 propelled each to new heights. players, Wichita local freshman Ricki I extend my congratulations to head Williams and two transfers. None of REGULATORY IMPROVEMENT ACT coach Gordon Vadakin, women’s coach the bowlers had been in a champion- OF 2007 Mark Lewis, assistant women’s coach ship game before nor a televised game. Ms. LINDA T. SA´ NCHEZ of Cali- Kristal Scott and President Donald Yet they did not let the hype over- fornia. Madam Speaker, I move to sus- Beggs, all of the hard-working players, power them and instead let their talent pend the rules and pass the bill (H.R. certainly the fans and to Wichita State shine through. 3564) to amend title 5, United States University. I am happy to join my col- I want to congratulate WSU Presi- Code, to authorize appropriations for league, Representative TODD TIAHRT, in dent Don Beggs and athletic director the Administrative Conference of the honoring an exceptional team in all its Jim Schaus for their leadership by cre- United States through fiscal year 2011, accomplishments and wish all involved ating a great university and an excel- and for other purposes. continued success. I ask my colleagues lent athletic program. Wichita State is The Clerk read the title of the bill. certainly to support this resolution. blessed to have two coaches, Gordon The text of the bill is as follows:

VerDate Aug 31 2005 03:35 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K22OC7.056 H22OCPT1 hmoore on PRODPC68 with HMHOUSE H11810 CONGRESSIONAL RECORD — HOUSE October 22, 2007 H.R. 3564 cial Security Administration, esti- United States. As a ‘‘liaison’’ to the Admin- Be it enacted by the Senate and House of Rep- mated that the conference’s rec- istrative Conference (from the Judicial Con- resentatives of the United States of America in ommendation to change its appeals ference), I have participated in its activities Congress assembled, from 1981 to 1994. I believe that the Con- process yielded approximately $85 mil- ference is a unique organization, carrying SECTION 1. SHORT TITLE. lion in savings. out work that is important and beneficial to This Act may be cited as the ‘‘Regulatory Indeed, Justice Stephen Breyer testi- the average American, at rather low cost. Improvement Act of 2007’’. fied before the Subcommittee on Com- The Conference primarily examines gov- SEC. 2. AUTHORIZATION OF APPROPRIATIONS. mercial and Administrative Law about ernment agency procedures and practices, Section 596 of title 5, United States Code, searching for ways to help agencies function is amended to read as follows: the ‘‘huge’’ savings to the public re- sulting from the conference’s rec- more fairly and more efficiently. It normally ‘‘§ 596. Authorization of appropriations focuses upon achieving ‘‘semi-technical’’ re- ommendations. Justice Antonin Scalia form, that is to say, changes in practices ‘‘There are authorized to be appropriated likewise agreed that it was an ‘‘enor- to carry out this subchapter not more than that are general (involving more than a $1,000,000 for fiscal year 2008, $3,300,000 for fis- mous bargain.’’ handful of cases and, often, more than one cal year 2009, $3,400,000 for fiscal year 2010, Second, the Administrative Con- agency) but which are not so controversial and $3,500,000 for fiscal year 2011. Of any ference promoted innovation among or politically significant as to likely provoke amounts appropriated under this section, not agencies. For example, it convinced 24 a general debate, say, in Congress. Thus, it more than $2,500 may be made available in agencies to use alternative dispute res- may study, and adopt recommendations con- cerning better rule-making procedures, or each fiscal year for official representation olution for issues concerning the pri- ways to avoid legal technicalities, controver- and entertainment expenses for foreign dig- vate sector. The conference also spear- sies, and delays through agency use of nego- nitaries.’’. headed the implementation of the Ne- tiation, or ways of making judicial review of The SPEAKER pro tempore. Pursu- gotiated Rulemaking Act, the Equal agency action less technical and easier for ant to the rule, the gentlewoman from Access to Justice Act, and the ordinary citizens to obtain. While these sub- California (Ms. LINDA T. SA´ NCHEZ) and Magnusson-Moss Warranty Act, gov- jects themselves, and the recommendations about them, often sound technical, in prac- the gentleman from Utah (Mr. CANNON) erning consumer product warranties. each will control 20 minutes. tice they may make it easier for citizens to Madam Speaker, the conference understand what government agencies are The Chair recognizes the gentle- played a major role in encouraging doing to prevent arbitrary government ac- woman from California. agencies to promulgate smarter regula- tions that may harm them. GENERAL LEAVE tions. It did this by improving partici- The Administrative Conference is unique Ms. LINDA T. SA´ NCHEZ of Cali- pation in the rulemaking process, pro- in that it develops its recommendations by fornia. Madam Speaker, I ask unani- moting judicial review of agency regu- bringing together at least four important groups of people: top-level agency adminis- mous consent that all Members have 5 lations, and reducing regulatory bur- trators; professional agency staff; private legislative days to revise and extend dens on the private sector. (including ‘‘public interest’’) practitioners; their remarks and include extraneous Third, and perhaps more impor- and academicians. The Conference will typi- material on the bill under consider- tantly, Congress needs the conference. cally commission a study by an academician, ation. Experience with the Congressional Re- say, a law professor, who often has the time The SPEAKER pro tempore. Is there view Act demonstrates that we simply to conduct the study thoughtfully, but may objection to the request of the gentle- lack the resources and, sometimes, the lack first-hand practical experience. The professor will spend time with agency staff, woman from California? political will to conduct aggressive which often has otherwise unavailable facts There was no objection. oversight of regulations. Congressional ´ and experience, but may lack the time for Ms. LINDA T. SANCHEZ of Cali- recognition of the conference’s signifi- general reflection and comparisons with fornia. Madam Speaker, I yield myself cant contributions to the regulatory other agencies. The professor’s draft will be such time as I may consume. process is probably best evidenced by reviewed and discussed by private practi- Madam Speaker, the Federal regula- the fact that in nearly every Congress tioners, who bring to it a critically impor- tion process is among the most impor- since its demise in 1995, legislation has tant practical perspective, and by top-level tant ways by which our Nation imple- administrators such as agency heads, who been introduced assigning responsibil- can make inter-agency comparisons and may ments public policy. Each year, agen- ities to the conference. The Congres- add special public perspectives. The upshot cies issue thousands of regulations to sional Research Service advises that is likely to be a work-product that draws ensure that the food we eat, the air we reactivation of the conference comes at upon many different points of view, that is breathe, and the cars we drive are safe. an opportune time, especially in light practically helpful and that commands gen- Surprisingly, however, there is little of efforts by the executive branch to eral acceptance. empirical analysis of whether these augment its role in the regulatory In seeking to answer the question, ‘‘Who regulations work as intended. will control the regulators?’’ most govern- process. ments have found it necessary to develop in- Until 1995, the last year it received Madam Speaker, there are few enti- stitutions that continuously review, and rec- federal funding, the Administrative ties that enjoyed more bipartisan sup- ommend changes in, technical agency prac- Conference of the United States was a port than the Administrative Con- tices. In some countries, ombudsmen, in nonpartisan, public-private think tank ference. I commend my colleague, the dealing with citizen complaints, will also that provided invaluable guidance to ranking member of the Subcommittee recommend changes in practices and proce- Congress about how to improve the ad- on Commercial and Administrative dures. Sometimes, as in France and Canada, ministrative and regulatory process. expert tribunals will review decisions of Law, Mr. CANNON of Utah, for his con- other agencies and help them improve their First established on a temporary basis, tinued leadership in pursuing the reau- procedures. Sometimes, as in Australia and the conference, over the course of its thorization of the conference. I urge the United Kingdom, special councils will nearly 30-year existence, made numer- my colleagues to support H.R. 3564. advise ministries about needed procedural ous recommendations, many of which Madam Speaker, I would like to in- reforms. Our own Nation has developed this were enacted into law. H.R. 3564, the sert into the RECORD two letters from rather special approach (drawing together Regulatory Improvement Act of 2007, Supreme Court Justices Breyer and scholars, practitioners, and agency officials) would simply reauthorize the con- Scalia written in 1995 that describe the to bringing about reform of a sort that is ference for an additional 4 years. more general than the investigation of indi- importance of the Administrative Con- vidual complaints yet less dramatic than Madam Speaker, some might ask ference of the United States. that normally needed to invoke Congres- why we should reauthorize an entity SUPREME COURT OF THE sional processes. Given the Conference’s that has not been in existence for near- UNITED STATES, rather low cost (a small central staff, com- ly a dozen years. Let me just mention Washington, DC, August 21, 1995. missioning academic papers, endless three reasons. First, the conference HON. CHARLES E. GRASSLEY, amounts of volunteered private time, and saved taxpayers many millions of dol- Chairman, Subcommittee on Administrative two general meetings a year), it would be a lars. It helped agencies implement Oversight, and the Courts, U.S. Senate pity to weaken or to lose. our federal govern- Committee on the Judiciary, Washington, cost-saving procedures and made rec- ment’s ability to respond effectively, in this DC. general way, to the problems of its citizens. ommendations that work to eliminate DEAR SENATOR GRASSLEY, thank you for I do not see any other institution readily excessive litigation costs and long the invitation to submit a few comments available to perform this same task. Indi- delays. Just one agency alone, the So- about the Administrative Conference of the vidual agencies, while trying to reform

VerDate Aug 31 2005 03:35 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\A22OC7.036 H22OCPT1 hmoore on PRODPC68 with HMHOUSE October 22, 2007 CONGRESSIONAL RECORD — HOUSE H11811 themselves, sometimes lack the ability to been a virtual Who’s Who of leading scholars ommendations regarding implementa- make cross-agency comparisons. The Amer- in the field of administrative law; and the tion of the Congressional Account- ican Bar Association’s Administrative Law practitioners who have served as members ability Act and played a key role in the Section, while a fine institution, cannot call have been, by and large, prominent and wide- Clinton administration’s National Per- upon the time and resources of agency staff ly respected lawyers in the various areas of members and agency heads as readily as can administrative practice. formance Review with respect to im- the Administrative Conference. Congres- I was the third Chairman of the Adminis- proving regulatory systems. sional staffs cannot as easily conduct the trative Conference. Like the first two (Prof. Madam Speaker, time and again, technical research necessary to develop Jerre Williams of the University of Texas ACUS took the small amount of tax- many of the Conference’s more technical Law School, and Prof. Roger Cramton of the payer funds that we appropriated and proposals. The Office of Management and University of Michigan Law School), and produced enormous savings in the costs Budget does not normally concern itself with like my successor (Prof. Robert Anthony of incurred and imposed by Federal regu- general procedural proposals. Cornell Law School) I was an academic—on latory agencies. That record is so clear All this is to explain why I believe the Ad- leave from the University of Virginia Law that I can say with absolute confidence ministrative Conference performs a nec- School. The Conference was then, and I be- essary function, which, in light of the cost, lieve remains, a unique combination of that, if we were not to authorize ACUS, is worth maintaining. I recognize that the scholarship and practicality, of private-sec- we would effectively authorize waste in Conference is not the most well known of tor insights and career-government exper- the rest of the Federal Government. I government agencies; indeed, it is widely tise. can say with equal confidence that if known only within a fairly small (adminis- I would not presume to provide the Sub- the Appropriations Committee were trative practice oriented) community. But, committee advice on the ultimate question not to appropriate funds to ACUS after that, in my view, simply reflects the fact of whether, in a time of budget constraints, the Congress passes this bill, it would that it does its job, developing consensus the benefits provided by the Administrative effectively appropriate waste by the about change in fairly technical areas. That Conference are within our Nation’s means. Federal Government to the tune of mil- is a job that the public, whether or not it But I can say that in my view those benefits knows the name ‘‘Administrative Con- are substantial: the Conference has been an lions upon millions of dollars. ference,’’ needs to have done. And, for the effective means of opening up the process of Many of you may know my enthu- reasons I have given, I believe the Adminis- government to needed improvement. siasm for ACUS, and it will not sur- trative Conference well suited to do it. Sincerely, prise you that hordes of experts, offi- I hope these views will help you in your ANTONIN SCALIA. cials and stakeholders outside of these evaluation of the Conference. Mr. CANNON. Madam Speaker, I walls, share that same enthusiasm as Yours sincerely, well, including Justices Scalia and STEPHEN BREYER. yield myself such time as I may con- sume. Breyer, both of whom worked with SUPREME COURT OF THE Madam Speaker, I rise in strong sup- ACUS in an earlier part of their ca- UNITED STATES, port of H.R. 3564. I would like to, first reers. Washington, DC, July 31, 1995. of all, thank the gentlewoman from To quote just one legal luminary, ‘‘If Hon. CHARLES E. GRASSLEY, California for her leadership on this the conference didn’t exist, it would Chairman, Subcommittee on Administrative issue. I appreciate working with her. have to be invented.’’ Thankfully, we Oversight and the Courts, U.S. Senate, I am delighted that H.R. 3564, which don’t need to invent it. We did that Committee on the Judiciary, Washington, long ago. We know it was a great in- DC. would reauthorize the Administrative DEAR SENATOR GRASSLEY: Thank you for Conference of the United States, is vention. All we need to do is to reau- the invitation to appear at the hearing on being considered on the floor today. I thorize it today and to appropriate ‘‘The Reauthorization of the Administrative urge support of this measure. I also funds for it. Conference’’ scheduled for August 2. I will be urge the Appropriations Committee to Madam Speaker, I yield back the bal- unable to do so, but your staff has advised ance of my time. appropriate funds to ACUS so that this ´ me that a letter would be appropriate. organization can once again become a Ms. LINDA T. SANCHEZ of Cali- I am not a good source of information con- fornia. Madam Speaker, I yield myself cerning recent accomplishments of the Con- living, breathing reality. Madam Speaker, I am a believer in such time as I may consume. ference. I have not followed its activities Madam Speaker, regulations play a closely since stepping down as its Chairman the adage that the government that critical role in virtually every aspect in 1974. I can testify, however, concerning governs best governs least; but when the nature of the Conference, and its suit- the government does govern, it must of our daily lives, yet there is no inde- ability for achieving its objectives. govern as its best. ACUS is just the or- pendent, nonpartisan entity that Con- The Conference seeks to combine the ef- ganization to help us achieve that goal. gress can utilize to scrutinize and ap- forts of scholars, practitioners, and agency Before its funding ceased some years prove the regulatory process. Accord- officials to improve the efficiency and fair- ingly, it is critical that we reauthorize ness of the thousands of varieties of federal ago, it laid down a decades-long track record of productive activity that was the Administrative Conference of the agency procedures. In my judgment, it is an United States as soon as possible so effective mechanism for achieving that goal, remarkable, unmistakable, and prob- which demands change and improvement in ably unparalleled. that it can fill this serious void. I realize that this may not be the obscure areas where bureaucratic inertia and Over the course of its 28-year exist- sexiest issue on the docket today, but I closed-mindedness often prevail. A few of the ence, the conference issued more than urge my colleagues to support this bill. Conference’s projects have had major, gov- 200 recommendations, some of which ernment-wide impact—for example, its rec- Madam Speaker, I yield back the bal- were governmentwide and others that ommendation leading to Congress’s adoption ance of my time. of Public Law 94–574, which abolished the were agency specific. It issued a series The SPEAKER pro tempore. The doctrine of sovereign immunity in suits of recommendations eliminating a va- question is on the motion offered by seeking judicial review of agency action. For riety of technical impediments to the the gentlewoman from California (Ms. the most part, however, each of the Con- judicial review of agency action and LINDA T. SA´ NCHEZ) that the House sus- ference’s projects is narrowly focused upon a encouraging less costly consensual al- pend the rules and pass the bill, H.R. particular agency program, and is unlikely ternatives to litigation. to attract attention beyond the community 3564. The fruits of these efforts include the The question was taken; and (two- affected by that program. This should be re- enactment of the Administrative Dis- garded, not as a sign of ineffectiveness, but thirds being in the affirmative) the evidence of solid hard work: for the most pute Resolution Act of 1990, which es- rules were suspended and the bill was part, procedural regimes are unique and tablished a framework for the use of passed. must be fixed one-by-one. Alternative Dispute Resolution. In ad- A motion to reconsider was laid on One way of judging the worth of the Con- dition to this legislation, ACUS served the table. ference without becoming expert in the com- as the key implementing agency for f plex and unexciting details of administrative the Negotiated Rulemaking Act, the procedure with which it deals, is to examine Equal Access to Justice Act, the Con- RECOGNIZING THE 60TH ANNIVER- the roster of men and women who have gressional Accountability Act, and the SARY OF THE MENDEZ V. WEST- thought it worthwhile to devote their time MINSTER DECISION and talent to the enterprise. Over the years, Magnusson-Moss Warranty-Federal the academics who have served as consult- Trade Commission Improvement Act. Ms. LINDA T. SA´ NCHEZ of Cali- ants to or members of the Conference have The Conference also made rec- fornia. Mr. Speaker, I move to suspend

VerDate Aug 31 2005 03:35 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\A22OC7.049 H22OCPT1 hmoore on PRODPC68 with HMHOUSE H11812 CONGRESSIONAL RECORD — HOUSE October 22, 2007 the rules and agree to the resolution people of the United States of the civil right repeal of the last remaining school seg- (H. Res. 721) recognizing the 60th anni- implications of the Mendez v. Westminster regation statutes in the California versary of the Mendez v. Westminster case. Education Code. decision which ended segregation of The SPEAKER pro tempore (Mr. This resolution also honors the Mexican and Mexican American stu- GORDON of Tennessee). Pursuant to the Mendez family and congratulates Syl- dents in California schools, and for rule, the gentlewoman from California via Mendez for her continued efforts to other purposes. (Ms. LINDA T. SA´ NCHEZ) and the gen- keep alive the importance of this case The Clerk read the title of the resolu- tleman from Utah (Mr. CANNON) each and the impact it had on her future. It tion. will control 20 minutes. is important that we not forget the The text of the resolution is as fol- The Chair recognizes the gentle- courage of this family. They took a lows: woman from California. stand against the prevailing system of H. RES. 721 GENERAL LEAVE segregation in the public schools and Whereas Mendez v. Westminster was a 1947 Ms. LINDA T. SA´ NCHEZ of Cali- won a tremendous victory, not just for Federal court case that challenged racial fornia. Mr. Speaker, I ask unanimous themselves, but for many others. segregation in California schools; consent that all Members be permitted I am a beneficiary of their courage Whereas in its ruling, the United States to revise and extend their remarks and Court of Appeals for the Ninth Circuit, in an and their achievement. The story of en banc decision, held that the segregation include extraneous materials for the the Mendez family struggle against of Mexican and Mexican American students RECORD. segregation took place in Westminster, into separate ‘‘Mexican schools’’ was uncon- The SPEAKER pro tempore. Is there Orange County, just a few miles from stitutional; objection to the request of the gentle- where my siblings and I grew up, Whereas on March 2, 1945, a group of Mexi- woman from California? played soccer, and attended schools. If can-American fathers (Thomas Estrada, Wil- There was no objection. the Mendez family had not challenged liam Guzman, Frank Palomino, and Lorenzo Ms. LINDA T. SA´ NCHEZ of Cali- the status quo, and if I had not grown Ramirez), led by Gonzalo Mendez on behalf of fornia. Mr. Speaker, I yield myself such up in a post-Mendez Orange County, it his daughter Sylvia, challenged the practice time as I may consume. of school segregation in the U.S. District would have taken me many more years Court in Los Angeles; Mr. Speaker, House Resolution 721 to reach the floor of this House, if I Whereas the fathers claimed that their recognizes the 60th anniversary of the ever reached it at all. children, along with 5,000 other children of Mendez v. Westminster School District School segregation in California was ‘‘Mexican and Latin descent’’, were victims decision which ended segregation of just one facet of the widespread dis- of unconstitutional discrimination by being Mexican and Mexican American stu- crimination that Americans of Mexi- forced to attend separate ‘‘Mexican’’ schools dents in California schools and honors can descent faced across the South- in the Westminster, Garden Grove, Santa the Mendez family. I want to commend Ana, and El Modena school districts of Or- west, from the Gulf coast to the Pacific the gentleman from Texas (Mr. GON- ange County; coast. Hotels, restaurants, barbershops, Whereas Judge Paul J. McCormick ruled in ZALEZ) for introducing this important public pools, movie theaters, and even favor of Mendez and his co-plaintiffs on Feb- resolution, which I am proud to co- maternity wards were segregated for ruary 18, 1946; sponsor. those of Mexican heritage. It was very Whereas the Westminster school district As the daughter of Mexican immi- common to see signs that said ‘‘No appealed the decision of the district court; grants, this decision has special mean- Mexicans served,’’ or ‘‘Mexicans and Whereas when the district appealed Judge ing for me. Like the parents in the dogs not allowed.’’ McCormick’s decision, several organizations Mendez case, my parents understood The injustice of discrimination was joined the appellate case as amicus curiae, the importance of education in the re- most appalling in public education. In including the NAACP, represented by alization of the American Dream. Thurgood Marshall; the 1930s, more than two-thirds of the Whereas more than a year later, on April Thanks to their efforts and encourage- Orange County students of Mexican de- 14, 1947, the Ninth Circuit Court of Appeal af- ment, all seven of their children have scent were considered mentally re- firmed the district court’s ruling; excelled, earning college and advanced tarded. When the Mendez children were Whereas the Ninth Circuit ruled only on degrees. turned away from the 17th Street white the narrow grounds that, although California The Mendez decision really marked a school in their hometown, they were law provided for segregation of students, it turning point in the effort to win full sent to the Hoover Elementary School, only did so for ‘‘children of Chinese, Japa- rights for all Californians of Mexican which was the Mexican school, a rick- nese or Mongolian parentage’’ and did not descent. While the court ruled on nar- provide for ‘‘the segregation of school chil- ety, wooden building on a dirt lot. Add- dren because of their Mexican blood,’’, there- row grounds that California law did not ing insult to injury, many of such fore it was unlawful to segregate the Mexi- authorize the school district to create Mexican schools operated half days can children; separate so-called ‘‘Mexican schools,’’ during walnut picking season to ac- Whereas later in 1947, California Governor the importance and effect of that deci- commodate local agribusiness demand and future Chief Justice of the United States sion went much further. for child labor. Earl Warren signed into law a repeal of the The words of the U.S. Court of Ap- last remaining school segregation statutes in peals for the Ninth Circuit are worth b 1630 the California Education Code and thus repeating. ‘‘By enforcing the segrega- Mr. Speaker, there are forces in our ended ‘‘separate but equal’’ in California schools and with it school segregation; tion of school children of Mexican de- society today who believe that the Whereas seven years later, Brown v. Board scent against their will and contrary to causes of school integration, of diver- of Education held ‘‘separate but equal’’ the laws of California, the school dis- sity, no longer matter. Some believe schools to be unconstitutional, ending school trict may have violated the Federal that fighting segregation might even segregation throughout the United States; law as provided in the 14th amendment violate our Constitution. That is just and to the Federal Constitution by depriv- plain wrong. Whereas on April 14, 2007, the Mendez fam- ing them of liberty and property with- The Supreme Court in Brown cor- ily celebrated the 60th anniversary of the out due process of law and by denying rectly found that separate cannot be Mendez v. Westminster decision: Now, there- equal. As we reflect on this anniver- fore, be it to them the equal protection of the Resolved, that the House of Representa- law.’’ sary of the Mendez decision, we must tives— Seven years later, the Supreme Court renew our determination to fight injus- (1) recognizes the 60th anniversary of the would finally put an end to the discred- tice and the forces of intolerance. Our Mendez v. Westminster decision which ended ited doctrine which allowed school seg- Nation will continue to benefit from segregation of Mexican and Mexican Amer- regation based on the fiction of ‘‘sepa- our diversity. ican students in California schools; rate but equal’’ schools in the land- I join the Members of this House in (2) honors the Mendez family and congratu- mark decision Brown v. Board of Edu- commemorating this important mile- lates Sylvia Mendez for her continued efforts to keep alive the importance of this case and cation. The author of that decision, stone in our Nation’s history and hon- the impact it had on her future; and Chief Justice Earl Warren, had, as Gov- oring the Mendez family for their cour- (3) encourages the continued fight against ernor of California, responded to the age, their strength, and their contribu- school segregation and the education of the Mendez decision by signing into law a tion to the American Dream.

VerDate Aug 31 2005 04:20 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K22OC7.065 H22OCPT1 hmoore on PRODPC68 with HMHOUSE October 22, 2007 CONGRESSIONAL RECORD — HOUSE H11813 Mr. Speaker, I reserve the balance of thank the distinguished gentleman Ms. LINDA T. SA´ NCHEZ of Cali- my time. from Utah for his kind words, and at fornia. Mr. Speaker, I yield 5 minutes Mr. CANNON. Mr. Speaker, I yield this time I would like to yield 5 min- to the gentlewoman and my sister, LO- myself such time as I may consume. utes to the distinguished gentleman RETTA SANCHEZ. Mr. Speaker, I rise in support of H. from Texas and the author of this bill, Ms. LORETTA SANCHEZ of Cali- Res. 721, which recognizes the 60th an- Mr. GONZALEZ. fornia. I thank the chairwoman for the niversary of Mendez v. Westminster de- Mr. GONZALEZ. Mr. Speaker, I want 5 minutes. cision, which ended the segregation of to thank my colleague. Mr. Speaker, this historic case took Mexican and Mexican American stu- Mr. Speaker, it is a momentous day. place in my hometown and I get to rep- dents in California schools. Sixty years ago, there was a brave resent that area of central Orange I would like to take a moment to young lawyer named David Marcus who County. The case is really about many thank the gentlewoman and chairman took a very unpopular case to court families. The Mendez family was the of the Commercial and Administrative that basically was the dress rehearsal first family in the brief. It was also Law Subcommittee for her statement. for Brown v. Board of Education. about many areas of Orange County, She and her sister, who is also on the This whole situation was borne of not just Westminster. It covered the floor with us today, are remarkable discrimination which was sanctioned central portion because in those days, people. They may have come to Con- and promoted and recognized by the of course, there were the white schools gress under even different cir- government. You would say, what does and there were the Mexican schools. cumstances, but it is good for America that all mean? Now the Mexican schools were inter- that this impediment was removed The family of the Munemitsus, Japa- esting because it wasn’t just Mexicans from their lives and the lives of many nese Americans, owned a certain piece who went there. It was anybody who of property. They grew asparagus on other people of Mexican and Mexican looked different. Japanese Americans about 40 acres in Westminster, Cali- American descent here in the United went there. Native Americans went fornia. They were absent from that States. there. Black Americans went there. All Americans should understand property as a result of a government And the case in point was that when directive. They were Japanese Ameri- the Japanese family was interned and that, along with Brown v. Board of cans; and, of course, we had the Japa- was able to hold onto their property by Education, many Federal court deci- nese American internment camps. having Gonzalo Mendez farm it, he sions signaled our country’s shift away They were shipped off, dispossessed. began to make more money and so he from the obnoxious principle of ‘‘sepa- The Gonzalo and Felicitas Mendez fam- was in a position to hire lawyers, a rate but equal.’’ One such decision was ily were given an opportunity to then lawyer out of Texas and a lawyer out of Mendez v. Westminster in which the lease the properties, a great oppor- Los Angeles, to come and fight the United States Court of Appeals for the tunity, borne of a discriminatory act. issue of why do some children go to the Ninth Circuit, in a decision by the full Gonzalez had fled the Mexican Revolu- white school and some go to the Mexi- court, held that the segregation of tion in 1916, and like many of our can school. Mexican and Mexican American stu- grandparents, came to this country You see, when Sylvia’s aunt took her dents into separate so-called ‘‘Mexican seeking a new life. Their daughter, Syl- children and Sylvia down to the school schools’’ was unconstitutional. via, as my colleague, Congresswoman that day, now that they had moved to That decision in 1945 vindicated the LINDA SA´ NCHEZ has already pointed a new property where they could farm, rights of a group of children of Mexican out, wanted to go to a certain school when they went down the block to the American fathers, Thomas Estrada, but California law specifically prohib- local school, the children of the aunt William Guzman, Frank Palomino, ited Japanese Americans, Mongolian were allowed to go to the school be- Lorenzo Ramirez, led by Gonzalo Americans, and Asian Americans from cause they were lighter in skin. But Mendez, who challenged the practice of attending school with white children. Sylvia was darker in her complexion, school segregation in the U.S. District But it left out African American and and she was told that those children Court in Los Angeles and began a jour- Mexican American children; and be- must go to the Mexican school across ney that led Mexican Americans na- lieve it or not, that really is what the town. And having taken these children tionwide to greater equality. court did hang its hat on. So we have a back with her and saying that was not Those courageous and loving fathers Japanese American family and a Mexi- fair, the discussion went on in the fam- stood for themselves and for some 5,000 can American family, and Earl Warren ily. And Felicitas, I know, like any others, all citizens of the United States comes into the picture because he is mother and any wife would do, sat up of Mexican descent. As the court held: Governor of the great State of Cali- all night and shook her husband ‘‘By enforcing the segregation of school fornia. As Ms. SA´ NCHEZ pointed out, a Gonzalo and said: You’re making children of Mexican descent against few years later he did away with those money now, this isn’t fair, do some- their will and contrary to the laws of particular laws of separate but equal. thing about it. And that is how they California, respondents have violated Thurgood Marshall actually has a lit- came together as families to put for- Federal law as provided in the 14th tle-known role in this case because he ward such an important decision. And amendment to the Federal Constitu- filed a brief in support of Dave Marcus’ Thurgood Marshall was part of that, tion by depriving them of liberty and brief seeking that this law would be representing the NAACP at the time. property without due process of law held unconstitutional. But as I pointed And, in turn, when we were able to and by denying to them the equal pro- out, it was held invalid for another rea- change the law in California, that law tection of the laws.’’ son, as far as it pertained to Sylvia and was part of the basis for Brown v. Following that decision, in 1947 Cali- the other Mexican American children. Board of Education at the national fornia Governor and future Chief Jus- The lesson for all of us here is when level. tice of the United States Earl Warren you discriminate against one, you dis- Why do we pass such a resolution signed into law a repeal of the last re- criminate against all. Whether it is today? Because we have to keep re- maining school segregation statutes in Japanese Americans, Mexican Ameri- minding ourselves of our history and of the California Education Code. cans, it does not matter. One country the importance of change and what Before those loving fathers brought under God. And we hear this often that means. I will tell you why. Sylvia the case of Mendez v. Westminster, enough when we pledge our allegiance. Mendez, the darker daughter who was there was a crack in the American But really, truly, 60 years ago it took not allowed in the school, the very case melting pot. Their courageous actions the Gonzalo and Felicitas Mendez fam- around her, she didn’t even know that repaired that crack, brought all Ameri- ily to give true meaning and breathe this had occurred. Sylvia read it in col- cans closer, and brought America clos- life into that dream. And because of lege in a history book. And as she was er to her most cherished ideals. them, I truly believe you see Members reading it, she said, Could that be me Mr. Speaker, I reserve the balance of of Congress here today with the names and could that be my parents? And why my time. of SANCHEZ and GONZALEZ. didn’t they ever tell me about it? Ms. LINDA T. SA´ NCHEZ of Cali- Mr. CANNON. Mr. Speaker, I reserve This is the reason we remember, so fornia. Mr. Speaker, I would like to the balance of my time. that all children across our Nation will

VerDate Aug 31 2005 03:35 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K22OC7.069 H22OCPT1 hmoore on PRODPC68 with HMHOUSE H11814 CONGRESSIONAL RECORD — HOUSE October 22, 2007 understand that all of them will get rules were suspended and the resolu- (c) AUTHORIZATION OF APPROPRIATIONS.— the opportunity that is America. tion was agreed to. There are authorized to be appropriated to the Mr. CANNON. Mr. Speaker, I would A motion to reconsider was laid on Secretary for carrying out this section like to associate myself with the re- the table. $50,000,000 for each of the fiscal years 2009 through 2014. marks of Ms. LORETTA SANCHEZ as she f SEC. 4. APPLIED RESEARCH PROGRAM. spoke of the importance of this remem- ENERGY STORAGE TECHNOLOGY (a) IN GENERAL.—The Secretary shall conduct brance today. It is important as Ameri- ADVANCEMENT ACT OF 2007 an applied research program on energy storage cans that we look back and under- systems to support electric drive vehicle, sta- stand. Life was not always as it is now. Mr. GORDON of Tennessee. Madam tionary application, and electricity transmission It has been different. America is a bet- Speaker, I move to suspend the rules and distribution technologies, including re- ter place, and this bill is one that com- and pass the bill (H.R. 3776) to provide search on— for a research, development, and dem- (1) ultracapacitors; memorates why we are a much better (2) flywheels; place today. I urge support of the reso- onstration program by the Secretary of (3) batteries and battery systems (including lution. Energy to support the ability of the flow batteries); Mr. Speaker, I yield back the balance United States to remain globally com- (4) compressed air energy systems; of my time. petitive in energy storage systems for (5) power conditioning electronics; Ms. LINDA T. SA´ NCHEZ of Cali- vehicles, stationary applications, and (6) manufacturing technologies for energy storage systems; fornia. Mr. Speaker, in closing, I would electricity transmission and distribu- (7) thermal management systems; and like to say H. Res. 721 appropriately tion, as amended. (8) hydrogen as an energy storage medium. honors the courage of the Mendez fam- The Clerk read the title of the bill. (b) FUNDING.—For activities carried out under ily to challenge discrimination and The text of the bill is as follows: this section, in addition to funding activities at help open the doors of opportunity to H.R. 3776 National Laboratories, the Secretary shall award funds to, and coordinate activities with, all nonwhites through education. Be it enacted by the Senate and House of Rep- a range of stakeholders including the public, resentatives of the United States of America in I want to thank the gentleman from private, and academic sectors. Texas (Mr. GONZALEZ) and the gen- Congress assembled, (c) AUTHORIZATION OF APPROPRIATIONS.— tleman from Utah (Mr. CANNON) for SECTION 1. SHORT TITLE. There are authorized to be appropriated to the their work on this resolution recog- This Act may be cited as the ‘‘Energy Storage Secretary for carrying out this section nizing the 60th anniversary of the his- Technology Advancement Act of 2007’’. $80,000,000 for each of the fiscal years 2009 toric Mendez v. Westminster decision, SEC. 2. DEFINITIONS. through 2014. a decision that laid the groundwork for For purposes of this Act— SEC. 5. ENERGY STORAGE SYSTEMS DEMONSTRA- the Supreme Court ruling of Brown v. (1) the term ‘‘Department’’ means the Depart- TIONS. ment of Energy; (a) IN GENERAL.—The Secretary shall carry Board of Education. Again, I urge my (2) the term ‘‘electric drive vehicle’’ means— out a program of new demonstrations of ad- colleagues to support this bill. (A) a vehicle that uses an electric motor for all vanced energy storage systems. These dem- Mr. BACA. Mr. Speaker, I rise today to or part of its motive power, including battery onstrations shall be regionally diversified and voice my strong support for H. Res. 721. This electric, hybrid electric, plug-in hybrid electric, shall expand on the Department’s existing tech- resolution recognizes the 60th anniversary of fuel cell, and plug-in fuel cell vehicles, and rail nology demonstration program. These dem- the landmark Mendez v. Westminster decision. transportation vehicles; or onstrations should include the participation of a I want to thank my friend, Congressman (B) mobile equipment that uses an electric range of stakeholders, such as rural electric co- motor to replace an internal combustion engine operatives, investor owned utilities, municipally CHARLIE GONZALEZ, for sponsoring this bill and for all or part of the work of the equipment; owned electric utilities, energy storage systems championing the continued fight for civil and (3) the term ‘‘islanding’’ means a distributed manufacturers, electric drive vehicle manufac- equal rights for the Latino community. generator or energy storage device continuing to turers, the renewable energy production indus- The Mendez v. Westminster decision ended power a location in the absence of electric power try, State or local energy offices, the fuel cell in- segregation of Mexican American students in from the primary source; dustry, and universities. Each of the demonstra- the state of California, and set the precedent (4) the term ‘‘microgrid’’ means an integrated tions shall include one or more of the following for the history making Brown v. Board of Edu- energy system consisting of interconnected loads objectives: cation decision of 1954. and distributed energy resources, including gen- (1) Energy storage to improve the feasibility of ‘‘micro-grids’’ or ‘‘islanding’’, or the trans- I stand here today, a Mexican American erators and energy storage devices, which as an integrated system can operate in parallel with mission and distribution capability to improve serving in Congress, because of the courage the utility grid or in an intentional islanding reliability in rural areas. of people like Sylvia Mendez and her father, mode; (2) Integration of an energy storage system Gonzalo Mendez. (5) the term ‘‘Secretary’’ means the Secretary with a self-healing grid. They, along with other brave individuals, of Energy; (3) Use of energy storage to improve security stood up for the 5,000 Hispanic-American chil- (6) the term ‘‘self-healing grid’’ means a grid to emergency response infrastructure. dren who were victims of unconstitutional dis- that is capable of automatically anticipating (4) Integration with a renewable energy pro- and responding to power system disturbances, duction source, either at the source or away crimination, by being forced to attend separate from the source. ‘‘Mexican’’ schools in the school districts of including the isolation of failed sections and components, while optimizing its own perform- (5) Use of energy storage to provide ancillary Orange County. ance and service to customers; and services, such as spinning reserve services, for This resolution recognizes the significance (7) the term ‘‘spinning reserve services’’ means grid management. (6) Advancement of power conversion systems of this anniversary, and honors Sylvia Mendez an amount of electric generating capacity in ex- to make them smarter, more efficient, able to for her continued efforts to fight for equality. It cess of the amount needed to meet peak electric communicate with other inverters, and able to demand. also encourages our schools to teach students control voltage. about the historical significance of the Mendez SEC. 3. BASIC RESEARCH PROGRAM. (7) Use of energy storage to optimize trans- v. Westminster case, and the positive impact (a) IN GENERAL.—The Secretary shall conduct mission and distribution operation and power it had on the future of America. a basic research program to support the develop- quality, which could address overloaded lines I urge my colleagues to show their support ment of energy storage systems for electric drive and maintenance of transformers and sub- in the continuing fight against school segrega- vehicles, stationary applications, and electricity stations. transmission and distribution, including re- tion, and to cast a vote in favor of H. Res. (8) Use of advanced energy storage for peak search on— load management of homes, businesses, and the 721. ´ (1) materials design; grid. Ms. LINDA T. SANCHEZ of Cali- (2) materials synthesis and characterization; (9) Use of energy storage devices to fill up fornia. Mr. Speaker, I yield back the (3) electrolytes; nonpeak generation periods for electricity de- balance of my time. (4) surface and interface dynamics; mand to make better use of existing grid assets. The SPEAKER pro tempore. The (5) modeling and simulation; and (b) AUTHORIZATION OF APPROPRIATIONS.— question is on the motion offered by (6) thermal behavior and life degradation There are authorized to be appropriated to the the gentlewoman from California (Ms. mechanisms. Secretary for carrying out this section (b) FUNDING.—For activities carried out under $30,000,000 for each of the fiscal years 2009 LINDA T. SA´ NCHEZ) that the House sus- this section, in addition to funding activities at through 2014. pend the rules and agree to the resolu- National Laboratories, the Secretary shall SEC. 6. VEHICLE ENERGY STORAGE DEMONSTRA- tion, H. Res. 721. award funds to, and coordinate activities with, TION. The question was taken; and (two- a range of stakeholders including the public, (a) IN GENERAL.—The Secretary shall carry thirds being in the affirmative) the private, and academic sectors. out a program of electric drive vehicle energy

VerDate Aug 31 2005 03:35 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00036 Fmt 7634 Sfmt 6333 E:\CR\FM\K22OC7.070 H22OCPT1 hmoore on PRODPC68 with HMHOUSE October 22, 2007 CONGRESSIONAL RECORD — HOUSE H11815 storage technology demonstrations. These tech- the Energy Storage Technology Ad- only assist in reliability, but also effi- nology demonstrations shall be conducted vancement Act. I would like to thank ciency of fuel use and security of not through consortia, which may include energy my colleagues on the Science and only our grid but also, in a broader storage systems manufacturers and their sup- Technology Committee for their unani- sense, of our country. pliers, electric drive vehicle manufacturers, rural electric cooperatives, investor owned utili- mous support in making this a good, Energy storage would allow for the ties, municipal and rural electric utilities, State bipartisan piece of legislation. enhanced use of renewable energy such and local governments, metropolitan transpor- In particular, I would like to thank as wind and solar. tation authorities, and universities. The pro- my good friend and ranking member, Currently, the ability of wind energy gram shall demonstrate one or more of the fol- Mr. HALL, for his interest in this field and solar energy to contribute elec- lowing: of research. In crafting H.R. 3776, I tricity to the electric grid is tied to (1) Novel, high capacity, high efficiency en- adopted several provisions from a bill when the wind is blowing or when the ergy storage, charging, and control systems, Mr. HALL introduced earlier this year, sun is shining, therefore, making these along with the collection of data on perform- ance characteristics such as battery life, energy and he and his staff have worked hard sources not as reliable as conventional storage capacity, and power delivery capacity. to make this a good bill. sources of energy such as coal, natural (2) Advanced onboard energy management H.R. 3776 authorizes research, devel- gas and nuclear. With energy storage, systems, and highly efficient battery cooling opment and demonstration activities excess generation that is unable to be systems. for energy storage technologies that used at the time of generation can be (3) Integration of such systems on a prototype offer a wide range of economic, envi- stored for use at a later time. This al- vehicular platform, including with drivetrain ronmental and security benefits. lows for wind and solar energy to be systems for passenger, commercial, and nonroad Stationary energy storage systems potential sources of base load genera- electric drive vehicles. (4) New technologies and processes that re- will bring efficiencies to the electric tion. duce manufacturing costs. delivery system, will improve grid reli- In addition to energy storage for sta- (5) Integration of advanced vehicle tech- ability and security, and can even help tionary sources, there is also a prom- nologies with electricity distribution system and to postpone the need for additional, ising field of energy storage for vehi- smart metering technology. costly electric generation facilities. cles, the most recognizable example (b) AUTHORIZATION OF APPROPRIATIONS.— Energy storage technologies can also being batteries that would be used in There are authorized to be appropriated to the help to integrate renewable energy plug-in hybrids. Plug-in hybrids would Secretary for carrying out this section sources into the grid by making elec- $30,000,000 for each of the fiscal years 2009 allow for a further decrease in trans- through 2014. tricity from these intermittent re- portation fuel consumption from con- SEC. 7. SECONDARY APPLICATIONS AND DIS- sources more stable and reliable. ventional hybrids, thereby increasing POSAL OF ELECTRIC DRIVE VEHICLE Furthermore, advanced battery sys- our national security by decreasing our BATTERIES. tems can revolutionize our transpor- reliance on foreign sources of oil. (a) IN GENERAL.—The Secretary shall carry tation sector by allowing for more H.R. 3776 addresses the battery obsta- out a program of research, development, and electric-drive vehicles, thus reducing cle by including a research and devel- demonstration of secondary applications of en- our reliance on conventional transpor- opment program into batteries and ergy storage devices following service in electric drive vehicles, and of technologies and processes tation fuels. battery systems and a demonstration for final recycling and disposal of these devices. But unfortunately, we may be fast program to prove the viability of the (b) AUTHORIZATION OF APPROPRIATIONS.— losing our ability to develop and manu- R&D. There are authorized to be appropriated to the facture these technologies at home. Madam Speaker, I’d like to thank the Secretary for carrying out this section $5,000,000 Through the collaborative public-pri- chairman of the Science and Tech- for each of the fiscal years 2009 through 2014. vate research, development and dem- nology Committee and sponsor of this SEC. 8. COORDINATION AND NONDUPLICATION. onstration programs authorized in H.R. bill for recognizing the importance of To the maximum extent practicable, the Sec- 3776, we can ensure that the United energy storage to our country’s energy retary shall coordinate activities under this Act States establishes a robust domestic future and also for including portions with other programs and laboratories of the De- manufacturing base for these tech- partment and other Federal research programs. of Ranking Member HALL’s energy nologies. storage language that was included in SEC. 9. COST SHARING. To truly transform the way we man- The Secretary shall carry out the programs H.R. 2483 and cosponsored by several under sections 6 and 7 in compliance with sec- age our energy use, we must do more members of the Science and Tech- tion 988 (a) through (d) and section 989 of the than make incremental improvements nology Committee. Energy Policy Act of 2005 (42 U.S.C. 16352(a) to current technologies. Our economic Madam Speaker, I reserve the bal- through (d) and 16353). and environmental security lies in our ance of my time. The SPEAKER pro tempore (Ms. LO- ability to deploy the next generation Mr. GORDON of Tennessee. Madam RETTA SANCHEZ of California). Pursuant energy technologies. Advances in en- Speaker, let me say there’s no question to the rule, the gentleman from Ten- ergy storage are vital to diversifying that Mr. HALL played a major role in nessee (Mr. GORDON) and the gentleman our energy supplies and transforming this, and I’m glad that we could have from Washington (Mr. REICHERT) each our transportation sector. this type of, again, bipartisan unani- will control 20 minutes. Once again, I thank my colleagues on mous bill. The Chair recognizes the gentleman the Science and Technology Com- If my friend from Washington State from Tennessee. mittee for working with me on this leg- has no other speakers, I have none. islation, and I urge all Members to sup- Mr. REICHERT. I have no further 1645 b port the bill. speakers, and I yield back the balance GENERAL LEAVE Madam Speaker, I reserve the bal- of my time. Mr. GORDON of Tennessee. Madam ance of my time. Mr. GORDON of Tennessee. Madam Speaker, I ask unanimous consent that Mr. REICHERT. Madam Speaker, I Speaker, I yield back the balance of all Members may have 5 legislative rise in support of H.R. 3776, the Energy my time. days to revise and extend their re- Storage Technology Advancement Act, The SPEAKER pro tempore. The marks and to include extraneous mate- and I yield myself such time as I may question is on the motion offered by rial on H.R. 3776, the bill now under consume. the gentleman from Tennessee (Mr. consideration. Electricity is the lifeblood of our GORDON) that the House suspend the The SPEAKER pro tempore. Is there country. Without reliable electricity, rules and pass the bill, H.R. 3776, as objection to the request of the gen- our country would not be the world amended. tleman from Tennessee? leader that it is today. Therefore, any- The question was taken; and (two- There was no objection. thing that can be done to improve and thirds being in the affirmative) the Mr. GORDON of Tennessee. Madam secure the reliability of the electric rules were suspended and the bill, as Speaker, I yield myself such time as I grid should be supported and encour- amended, was passed. may consume. aged. H.R. 3776 aims to do just that by The title was amended so as to read: Madam Speaker, I am pleased that focusing research and development on ‘‘A bill to provide for research, devel- the House will consider today H.R. 3776, ways to store energy which would not opment, and demonstration programs

VerDate Aug 31 2005 03:35 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\A22OC7.045 H22OCPT1 hmoore on PRODPC68 with HMHOUSE H11816 CONGRESSIONAL RECORD — HOUSE October 22, 2007 in advanced energy storage systems for (1) recognizes that the important contribu- all parts of our Nation. They work with electric drive vehicles, stationary ap- tions of chemical scientists and engineers to local industry, schools and museums to plications, and electricity transmission technological progress and the health of develop hands-on activities, provide and distribution applications, to sup- many industries have created new jobs, demonstrations and develop exhibits. boosted economic growth, and improved the port the ability of the United States to Nation’s health and standard of living; Through these activities, they help remain globally competitive in this (2) recognizes the need to increase the stimulate the interest of young people field, and to promote the efficient de- number of Americans from under represented in science and in pursuing careers in livery and use of energy.’’. groups participating in science and tech- science and technology. A motion to reconsider was laid on nology fields like chemistry; This Congress recently passed into the table. (3) supports the goals of National Chem- law the America COMPETES Act. That istry Week as founded by the American f bill was an important bipartisan effort Chemical Society; and to keep America competitive in the SUPPORTING THE GOALS AND (4) encourages the people of the United States to observe National Chemistry Week 21st century by supporting innovative IDEALS OF NATIONAL CHEM- research at universities and in indus- ISTRY WEEK with appropriate recognition, ceremonies, activities, and programs to demonstrate the try, and by ensuring that there is a suf- Mr. GORDON of Tennessee. Madam importance of chemistry to our everyday ficient pipeline of students pursuing Speaker, I move to suspend the rules lives. studies and careers in science and tech- and agree to the resolution (H. Res. The SPEAKER pro tempore. Pursu- nology fields well into the future. 751) supporting the goals and ideals of ant to the rule, the gentleman from The goals of the National Chemistry National Chemistry Week. Tennessee (Mr. GORDON) and the gen- Week fit well with the goals outlined in The Clerk read the title of the resolu- tleman from Washington (Mr. the COMPETES Act. tion. REICHERT) each will control 20 minutes. The theme of this year’s National The text of the resolution is as fol- The Chair recognizes the gentleman Chemistry Week is, ‘‘The Many Faces lows: from Tennessee. of Chemistry.’’ This theme emphasizes H. RES. 751 GENERAL LEAVE the diversity of chemistry careers, Whereas chemistry is a vitally important Mr. GORDON of Tennessee. Madam from science teacher to laboratory re- field of science and technology that has Speaker, I ask unanimous consent that searcher, as well as the diversity of transformed the world and enhanced and im- all Members may have 5 legislative people in chemistry professions. proved the quality of life around the globe; days to revise and extend their re- While women and minorities con- Whereas the power of the chemical tinue to be underrepresented in chem- sciences has created the enabling infrastruc- marks and to include extraneous mate- rial on H. Res. 751, the resolution now ical science fields, they have made im- ture that delivers the foods, fuels, medicines portant contributions to chemistry. and materials that are the hallmarks of under consideration. modern life; The SPEAKER pro tempore. Is there Women received about one-third of Whereas the contributions of chemical sci- objection to the request of the gen- all chemistry Ph.D.s in 2003. Hispanics entists and engineers are central to techno- tleman from Tennessee? and African Americans combined rep- logical progress and to the health of many There was no objection. resent only 7 percent of all chemistry industries, including the chemical, pharma- Mr. GORDON of Tennessee. Madam Ph.D.s awarded in 2003, even though ceutical, electronics, agricultural, auto- Speaker, I yield myself such time as I they make up more than 25 percent of motive, and aerospace sectors, and these may consume. the entire U.S. population. contributions boost economic growth, create I rise today in strong support, We will need to make use of all the new jobs, and improve our health and stand- ard of living; Madam Speaker, of H. Res. 751, a reso- talent we have to stay competitive in Whereas the American Chemical Society, lution recognizing the importance of the 21st century, but it isn’t just a the world’s largest scientific society, found- chemistry and honoring National numbers game. The interaction and ed National Chemistry Week in 1987 to edu- Chemistry Week. I want to congratu- collaboration of diverse individuals cate the public, particularly school age chil- late the gentleman from Texas (Mr. with differing perspectives enriches the dren, about the important role of chemistry REYES) for introducing this important process of discovery and innovation in society and to enhance the appreciation of resolution. and helps give the U.S. an edge over the chemical sciences; The importance of chemistry and countries that easily beat us on num- Whereas this year marks the 20th anniver- sary of National Chemistry Week; chemical engineering in our lives can- bers. Whereas the theme of National Chemistry not be overstated. These disciplines Madam Speaker, I congratulate the Week in 2007, ‘‘The Many Faces of Chem- contribute to public health by helping American Chemical Society for its ef- istry’’, was chosen to emphasize the exten- to keep our water clean and our food forts to establish and sustain National sive variety of careers available in the world pure. They contribute to advances in Chemistry Week, and once again, I of chemistry and to honor the tremendous medicine through new biomaterials, commend Mr. REYES and his cospon- diversity of people who have contributed and drug design and drug delivery tech- sors for introducing this resolution and will contribute to the advancement of chem- niques. They help make cleaner and urge my colleagues to join me in recog- istry and all of its branches; nizing the importance of chemistry in Whereas, in order to ensure our Nation’s more efficient energy technologies pos- global competitiveness, our schools must sible, and they help keep toxins out of our daily lives and the positive impact cultivate the finest scientists, engineers, and our home and our natural environment of National Chemistry Week by voting technicians from every background and through the development of green in favor of H. Res. 751. neighborhood in our society to create the in- chemicals and materials. Madam Speaker, I reserve the bal- novations of tomorrow that will keep our In short, chemistry and chemical en- ance of my time. Nation strong; gineering contribute in immeasurable Mr. REICHERT. Madam Speaker, I Whereas a disproportionately low number ways to the economic strength, secu- rise in support of H. Res. 751, sup- of minority, underprivileged female students rity and well-being of our Nation and porting the goals and ideals of National are pursuing careers in science and tech- Chemistry Week, and I yield myself as nology, and it is crucial that we focus atten- all of its citizens. tion on increasing the participation of these This year marks the 20th anniversary much time as I may consume. under represented groups in science and of National Chemistry Week. National This year marks the 20th anniversary technology fields; and Chemistry Week was started as an an- of National Chemistry Week, a concept Whereas, during the week of October 22, nual event by the American Chemical that was first introduced in 1987 by the which is National Chemistry Week, more Society in 1987 to make elementary American Chemical Society to educate than 10,000 National Chemistry Week volun- and secondary school children and the Americans about the contribution teers from industry, government and aca- general public more aware of what chemists and chemistry have made to demia reach and educate millions of children our society. We first celebrated Na- through hands-on science activities in local chemistry is and its importance to our schools, libraries, and museums: Now, there- everyday lives. tional Chemistry Day on November 6, fore, be it National Chemistry Week activities 1987, with a parade in Washington, D.C. Resolved, That the House of Representa- are carried out by local sections of the Because of the overwhelming enthu- tives— American Chemical Society located in siasm for the day, 2 years later the

VerDate Aug 31 2005 03:35 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K22OC7.075 H22OCPT1 hmoore on PRODPC68 with HMHOUSE October 22, 2007 CONGRESSIONAL RECORD — HOUSE H11817 concept was expanded to celebrate Na- resent less than three percent of the engineer- tributions of chemistry to the common good, tional Chemistry Week. ing and scientific community in the U.S. as well as the progress in achieving diversity The National Chemistry Week pro- Last week the Research and Science Edu- within the field, ACS is also issuing a chal- gram is designed to reach out to the cation Subcommittee heard testimony from a lenge and a warning to Americans. public, especially elementary and sec- number of witnesses on the topic of gender Issues such as climate change and infec- ondary school children, to foster an ap- equity within science and engineering faculty. tious disease pose threats not only to the preciation for chemistry. The theme of Freeman Hrabowski, the president of the Uni- United States, but also to the entire world. In this year’s celebration is, ‘‘The Many versity of Maryland, Baltimore Campus—a order to solve these problems, we must insist Faces of Chemistry,’’ which is designed campus noted for recruiting and retaining both that science education be a priority in our ele- to educate the public on the many dif- minority students and faculty—remarked, ‘‘Pro- mentary and secondary schools to cultivate ferent types of careers in chemistry ducing well-prepared scientists and engineers the next generation of scientists. and the many different ways chemistry for our increasingly diverse workforce is per- Additionally, this year’s National Chemistry has contributed to our society. haps our most important and lasting contribu- Week reminds us that our work is not done As a part of the activities for this tion to the Nation’s economic development promoting diversity within the sciences. While week, the American Chemical Society and national security.’’ Furthermore, a 2004 the number of women, African-Americans, and has chosen to honor chemists working survey of the ‘‘top 50’’ science engineering de- Hispanics earning advanced science and engi- in the fields of biosensors, cosmetics, partments at U.S. universities revealed that neering degrees has increased, growth has food, nutrition, dye, materials, natural there are few tenured and tenure-track women stagnated recently, and these groups remain products, and environmental processes, faculty in these departments in research uni- underrepresented, when compared to the gen- as well as chemists who work as teach- versities, even though a growing number of eral population. If the United States is to re- ers. These varied fields contribute to women are completing their Ph.D.s, and that main the locus of scientific research and inno- our society on a daily basis. underrepresented minority women faculty are vation in an increasingly competitive global For instance, biosensors may be used almost nonexistent. playing field, we must continue to broaden to test air quality, drinking water Clearly, we have a problem. I have often these groups. quality, help dentists find cavities, and said that we are throwing away more than 40 Once again I commend the American test for biological and chemical weap- percent of our workforce if we do not actively Chemical Society for establishing National ons. Material chemists may work on encourage more women and underrep- Chemistry Week in 1987 and thank the organi- ways to help make new products that resented minorities to consider these fields. zation for two decades of promoting science are less harmful to the environment, The American Chemical Society is helping to education. I urge my colleagues to support such as making threads and plastic out draw more attention to this issue with the this resolution recognizing the goals and of renewable biological materials. Nu- choice of this year’s National Chemistry Week ideals of National Chemistry Week. tritional chemists may develop prod- theme. ‘‘The Many Faces of Chemistry’’ recog- Mr. GORDON of Tennessee. Madam ucts that contain more vitamins and nizes the important contributions of chemical Speaker, I yield back my time. minerals in an effort to make people educators, scientists and engineers to techno- The SPEAKER pro tempore. The healthier and fight malnutrition logical progress and the health of many indus- question is on the motion offered by throughout the world. tries. the gentleman from Tennessee (Mr. I commend the American Chemical Society National Chemistry Week is intended GORDON) that the House suspend the for stimulating the interest of ALL of our Na- to honor all of these contributions, as rules and agree to the resolution, H. tion’s children in the chemical sciences so that well as encourage our Nation’s schools Res. 751. they will consider careers in these fields and to cultivate the finest scientists, engi- The question was taken; and (two- potentially discover the innovations of the fu- neers and technicians from every back- thirds being in the affirmative) the ture, and I urge my colleagues to support this ground to ensure we remain globally rules were suspended and the resolu- resolution recognizing the goals and ideals of competitive. tion was agreed to. National Chemistry Week. This week, more than 10,000 National Mr. HOLT. Madam Speaker, I rise today in A motion to reconsider was laid on Chemistry Week volunteers from in- support of H. Res. 751, which recognizes Na- the table. dustry, government, and academia will tional Chemistry Week. I am proud to support f reach out to educate millions of chil- this resolution, as I have done in past years, RECESS dren across the country. I urge my col- which acknowledges the critical role chemistry The SPEAKER pro tempore. Pursu- leagues to join me in honoring them plays in maintaining and improving our quality ant to clause 12(a) of rule I, the Chair and these activities through the pas- of life. I thank the gentleman from Texas, (Mr. declares the House in recess until ap- sage of this resolution. SILVESTRE REYES) for sponsoring this resolu- proximately 6:30 p.m. today. Madam Speaker, I reserve the bal- tion and I thank the leadership for providing Accordingly (at 4 o’clock and 59 min- ance of my time. Members of Congress with the opportunity to utes p.m.), the House stood in recess Mr. GORDON of Tennessee. Madam show our support for this bill on the floor. Speaker, we have no further requests This year marks the 20th anniversary of Na- until approximately 6:30 p.m. for time, and I ask my friend from tional Chemistry Week. Started by the Amer- f Washington State if he has no further ican Chemical Society in 1987, this year’s Na- b 1831 requests. tional Chemistry Week brings together busi- AFTER RECESS Mr. REICHERT. Madam Speaker, I nesses, schools, and nearly 200 ACS chap- have no further requests for time, and ters to raise awareness of chemistry in our The recess having expired, the House I yield back my time. daily lives. Through aggressive outreach, was called to order by the Speaker pro Mr. EHLERS. Madam Speaker, today I am hands-on demonstrations within local commu- tempore (Mr. PERLMUTTER) at 6 o’clock pleased that we are considering this resolution nities and laboratory open houses, National and 31 minutes p.m. recognizing the 20th anniversary of National Chemistry Week engages millions of Ameri- f Chemistry Week, which was established by cans, particularly elementary and secondary ANNOUNCEMENT BY THE SPEAKER the American Chemical Society to teach chil- students, asking them to think about the how PRO TEMPORE dren about the chemical sciences. This year, chemistry surrounds us all. the National Chemistry Week theme is ‘‘The National Chemistry Week’s theme for 2007, The SPEAKER pro tempore. Pursu- Many Faces of Chemistry,’’ emphasizing the ‘‘The Many Faces of Chemistry,’’ highlights the ant to clause 8 of rule XX, proceedings diversity of chemistry careers and the diversity diverse roles chemistry professionals play in will resume on motions to suspend the of the individuals working in chemistry profes- our society. From teaching in the classroom to rules previously postponed. sions. conducting research in the laboratory, chem- Votes will be taken in the following Ensuring that our science and engineering istry professionals provide countless services order: workforce accurately reflects the diversity of to society. ‘‘The Many Faces of Chemistry’’ is H.R. 189, by the yeas and nays; our population is necessary for our country to also a challenge to educators to promote di- H.R. 523, by the yeas and nays; succeed. But right now we are falling short. versity in chemistry and the sciences. H. Res. 762, by the yeas and nays. For example, Hispanic Americans constitute Madam Speaker, while ACS organizes Na- The first electronic vote will be con- 12 percent of the population yet they rep- tional Chemistry Week to celebrate the con- ducted as a 15-minute vote. Remaining

VerDate Aug 31 2005 03:35 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K22OC7.077 H22OCPT1 hmoore on PRODPC68 with HMHOUSE H11818 CONGRESSIONAL RECORD — HOUSE October 22, 2007 electronic votes will be as 5-minute Sa´ nchez, Linda Smith (NJ) Van Hollen So (two-thirds being in the affirma- votes. T. Smith (WA) Vela´ zquez tive) the rules were suspended and the Sanchez, Loretta Solis Visclosky Sarbanes Souder Walsh (NY) bill, as amended, was passed. f Saxton Space Walz (MN) The result of the vote was announced Schakowsky Spratt Wasserman as above recorded. Schiff Stark PATERSON GREAT FALLS NA- Schultz The title was amended so as to read: TIONAL HISTORICAL PARK ACT Schwartz Stupak Waters Scott (GA) Sutton Watson ‘‘A bill to establish the Paterson Great OF 2007 Scott (VA) Tanner Watt Falls National Historical Park in the Serrano Tauscher The SPEAKER pro tempore. The un- Waxman Sestak Taylor State of New Jersey and for other pur- finished business is the vote on the mo- Shays Terry Weiner poses.’’. tion to suspend the rules and pass the Shea-Porter Thompson (CA) Welch (VT) A motion to reconsider was laid on bill, H.R. 189, as amended, on which the Sherman Thompson (MS) Weller Wexler the table. yeas and nays were ordered. Shuler Tiberi Shuster Tierney Woolsey f The Clerk read the title of the bill. Simpson Tsongas Wu The SPEAKER pro tempore. The Skelton Udall (CO) Wynn DOUGLAS COUNTY, WASHINGTON, question is on the motion offered by Slaughter Udall (NM) Young (AK) PUD CONVEYANCE ACT the gentleman from Arizona (Mr. NAYS—122 The SPEAKER pro tempore. The un- GRIJALVA) that the House suspend the Akin Fortenberry Neugebauer finished business is the vote on the mo- rules and pass the bill, H.R. 189, as Alexander Foxx Nunes tion to suspend the rules and pass the amended. Bachmann Franks (AZ) Paul bill, H.R. 523, as amended, on which the Barrett (SC) Gallegly The vote was taken by electronic de- Pearce yeas and nays were ordered. Bartlett (MD) Gohmert Pence vice, and there were—yeas 256, nays Barton (TX) Goode The Clerk read the title of the bill. 122, not voting 54, as follows: Pitts Biggert Goodlatte Price (GA) The SPEAKER pro tempore. The [Roll No. 983] Bilbray Granger Rehberg Bilirakis Graves question is on the motion offered by Rogers (KY) YEAS—256 Blackburn Heller the gentleman from Arizona (Mr. Rogers (MI) Abercrombie Ellsworth Lofgren, Zoe Blunt Hensarling RIJALVA Rohrabacher G ) that the House suspend the Ackerman Emanuel Lowey Boehner Herger Ros-Lehtinen rules and pass the bill, H.R. 523, as Allen English (PA) Lungren, Daniel Bono Hulshof Roskam Altmire Eshoo E. Boozman Inglis (SC) amended. Andrews Etheridge Lynch Boustany Issa Royce This will be a 5-minute vote. Arcuri Farr Mahoney (FL) Brady (TX) Johnson, Sam Ryan (WI) The vote was taken by electronic de- Sali Baca Fattah Maloney (NY) Broun (GA) Jordan vice, and there were—yeas 377, nays 0, Bachus Ferguson Markey Brown (SC) Keller Schmidt Baird Filner Marshall Brown-Waite, King (IA) Sensenbrenner not voting 55, as follows: Baker Fossella Matheson Ginny Kingston Sessions [Roll No. 984] Baldwin Frank (MA) Matsui Burgess Kline (MN) Shadegg YEAS—377 Barrow Frelinghuysen McCarthy (NY) Burton (IN) Knollenberg Shimkus Bean Garrett (NJ) McCollum (MN) Campbell (CA) Kuhl (NY) Smith (NE) Abercrombie Capito Etheridge Berkley Gerlach McDermott Cannon Lamborn Smith (TX) Ackerman Capps Fallin Berman Giffords McGovern Carter Latham Stearns Aderholt Capuano Farr Berry Gilchrest McHugh Chabot Lewis (KY) Sullivan Akin Cardoza Fattah Bishop (GA) Gillibrand McIntyre Conaway Linder Tancredo Alexander Carnahan Ferguson Crenshaw Lucas Bishop (NY) Gonzalez McNerney Thornberry Allen Carney Filner Culberson Mack Blumenauer Gordon McNulty Tiahrt Altmire Carter Flake Davis (KY) Manzullo Boren Green, Al Meek (FL) Turner Andrews Castle Forbes Boswell Green, Gene Meeks (NY) Davis, David McCarthy (CA) Arcuri Chabot Fortenberry Upton Boucher Grijalva Melancon Davis, Tom McCotter Baca Chandler Fossella Walberg Boyd (FL) Hall (NY) Michaud Deal (GA) McCrery Bachmann Clarke Foxx Walden (OR) Boyda (KS) Hall (TX) Miller (NC) Doolittle McHenry Bachus Cleaver Frank (MA) Brady (PA) Hare Miller, George Drake McMorris Wamp Baird Clyburn Franks (AZ) Braley (IA) Harman Mitchell Dreier Rodgers Weldon (FL) Baker Cohen Frelinghuysen Buchanan Hastings (FL) Mollohan Duncan Mica Westmoreland Baldwin Cole (OK) Gallegly Butterfield Hastings (WA) Moore (KS) Ehlers Miller (MI) Whitfield Barrett (SC) Conaway Garrett (NJ) Calvert Hayes Moore (WI) Emerson Miller, Gary Wicker Barrow Conyers Gerlach Camp (MI) Herseth Sandlin Moran (VA) Fallin Moran (KS) Wilson (NM) Bartlett (MD) Cooper Giffords Capito Higgins Murphy (CT) Flake Musgrave Wilson (SC) Barton (TX) Costello Gilchrest Capps Hill Murphy, Patrick Forbes Myrick Wolf Bean Courtney Gillibrand Capuano Hinchey Murphy, Tim Berkley Cramer Gohmert Cardoza Hinojosa Murtha NOT VOTING—54 Berman Crenshaw Gonzalez Carnahan Hirono Nadler Berry Crowley Goode Aderholt Gingrey McCaul (TX) Carney Hobson Napolitano Biggert Cuellar Goodlatte Becerra Gutierrez McKeon Castle Hodes Oberstar Bilbray Culberson Gordon Bishop (UT) Hastert Miller (FL) Castor Holden Obey Bilirakis Cummings Granger Bonner Hoekstra Neal (MA) Chandler Holt Olver Bishop (GA) Davis (AL) Graves Brown, Corrine Hunter Payne Clarke Honda Ortiz Bishop (NY) Davis (CA) Green, Al Buyer Inslee Peterson (PA) Cleaver Hooley Pallone Blackburn Davis (KY) Green, Gene Cantor Jefferson Pickering Clyburn Hoyer Pascrell Blumenauer Davis, David Grijalva Carson Jindal Pryce (OH) Cohen Israel Pastor Blunt Davis, Lincoln Hall (NY) Clay Johnson (IL) Putnam Cole (OK) Jackson (IL) Perlmutter Boehner Davis, Tom Hall (TX) Coble Johnson, E. B. Radanovich Conyers Jackson-Lee Peterson (MN) Bono Deal (GA) Hare Costa Kaptur Reyes Cooper (TX) Petri Boozman DeFazio Harman Cubin Kind Rothman Costello Johnson (GA) Platts Boren DeGette Hastings (FL) Davis (IL) King (NY) Sires Courtney Jones (NC) Poe Boswell Delahunt Hastings (WA) Diaz-Balart, L. Kucinich Snyder Cramer Jones (OH) Pomeroy Boucher DeLauro Hayes Ellison LaHood Towns Crowley Kagen Porter Boustany Dent Heller Engel Lantos Wilson (OH) Cuellar Kanjorski Price (NC) Boyd (FL) Diaz-Balart, M. Hensarling Everett Lewis (GA) Yarmuth Cummings Kennedy Rahall Boyda (KS) Dicks Herger Feeney Marchant Young (FL) Davis (AL) Kildee Ramstad Brady (PA) Dingell Herseth Sandlin Davis (CA) Kilpatrick Rangel Brady (TX) Doggett Higgins Davis, Lincoln Kirk Regula b 1857 Braley (IA) Donnelly Hill DeFazio Klein (FL) Reichert Broun (GA) Doolittle Hinchey DeGette Lampson Renzi Brown (SC) Doyle Hinojosa Delahunt Langevin Reynolds Messrs. WILSON of South Carolina, Brown-Waite, Drake Hirono DeLauro Larsen (WA) Richardson WALDEN of Oregon, BILIRAKIS and Ginny Dreier Hobson Dent Larson (CT) Rodriguez LINDER changed their vote from Buchanan Duncan Hodes Diaz-Balart, M. LaTourette Rogers (AL) ‘‘yea’’ to ‘‘nay.’’ Burgess Edwards Holden Dicks Lee Ross Burton (IN) Ehlers Holt Dingell Levin Roybal-Allard Mr. POE, Mr. PETRI, Ms. ROYBAL- Butterfield Ellsworth Honda Doggett Lewis (CA) Ruppersberger ALLARD, Mr. TERRY and Mr. ROG- Calvert Emanuel Hooley Donnelly Lipinski Rush Camp (MI) Emerson Hoyer Doyle LoBiondo Ryan (OH) ERS of Alabama changed their vote Campbell (CA) English (PA) Hulshof Edwards Loebsack Salazar from ‘‘nay’’ to ‘‘yea.’’ Cannon Eshoo Inglis (SC)

VerDate Aug 31 2005 03:35 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K22OC7.079 H22OCPT1 hmoore on PRODPC68 with HMHOUSE October 22, 2007 CONGRESSIONAL RECORD — HOUSE H11819 Israel Miller, George Sensenbrenner b 1905 fiercely loyal to labor unions, but rea- Issa Mitchell Serrano sonably conservative in a lot of other Jackson (IL) Mollohan Sessions So (two-thirds being in the affirma- Jackson-Lee Moore (KS) Sestak tive) the rules were suspended and the regards, left a family that was involved (TX) Moore (WI) Shadegg bill, as amended, was passed. in politics as well. Johnson (GA) Moran (KS) Shays The result of the vote was announced But somebody who had a real cheer- Johnson, Sam Moran (VA) Shea-Porter ful twinkle in his eye, a good sense of Jones (NC) Murphy (CT) Sherman as above recorded. Jones (OH) Murphy, Patrick Shimkus A motion to reconsider was laid on humor and somebody I know that the Jordan Murphy, Tim Shuler the table. St. Louis area will long remember as a Kagen Murtha Shuster good leader and a good man. So we are Kanjorski Musgrave Simpson f sorry for his passing. On the other Keller Myrick Skelton hand, we are thankful for the richness Kennedy Nadler Slaughter MOMENT OF SILENCE IN MEMORY Kildee Napolitano Smith (NE) OF THE LATE HONORABLE ROB- of his life. Kilpatrick Neugebauer Smith (NJ) ERT YOUNG, FORMER MEMBER Mr. CARNAHAN. I want to thank the King (IA) Nunes Smith (TX) OF CONGRESS gentleman and would ask the House to Kingston Oberstar Smith (WA) pause for a moment of silence. Kirk Obey Solis (Mr. CARNAHAN asked and was Klein (FL) Olver Souder given permission to address the House f Kline (MN) Ortiz Space for 1 minute.) Knollenberg Pallone Spratt Mr. CARNAHAN. Mr. Speaker, I rise ANNOUNCEMENT BY THE SPEAKER Kuhl (NY) Pascrell Stark PRO TEMPORE Lamborn Pastor Stearns today to offer words of condolence to Lampson Paul Stupak the family and friends and colleagues The SPEAKER pro tempore. Without Langevin Pearce Sullivan of former Missouri Congressman, Rob- objection, 5-minute voting will con- Larsen (WA) Pence Sutton ert A. Young, III. tinue. Larson (CT) Perlmutter Tancredo Latham Peterson (MN) Tanner Well-known for his stalwart defense There was no objection. of working men and women, Congress- LaTourette Petri Tauscher f Lee Pitts Taylor man Young left St. Louis a better place Levin Platts Terry today as a result of his work in this SUPPORTING THE GOALS OF NA- Lewis (CA) Poe Thompson (CA) Lewis (KY) Pomeroy Thompson (MS) House. Here he founded the Blue Collar TIONAL BULLYING PREVENTION Lipinski Porter Thornberry Caucus and served on the Public Works AWARENESS WEEK LoBiondo Price (GA) Tiahrt Committee. The SPEAKER pro tempore. The un- Loebsack Price (NC) Tiberi After serving in the Missouri legisla- finished business is the vote on the mo- Lofgren, Zoe Rahall Tierney ture, he was elected to Congress in 1976 Lowey Ramstad Tsongas tion to suspend the rules and agree to with his Missouri classmates, Ike Skel- Lucas Rangel Turner the resolution, H. Res. 762, on which Lungren, Daniel Regula Udall (CO) ton and Dick Gephardt. His devotion to the yeas and nays were ordered. E. Rehberg Udall (NM) public service never wavered, from the Lynch Reichert Upton The Clerk read the title of the resolu- time of his early military service in tion. Mack Renzi Van Hollen World War II, where he took part in the Mahoney (FL) Reynolds Vela´ zquez The SPEAKER pro tempore. The Maloney (NY) Richardson Visclosky landing on Utah Beach on D–Day and question is on the motion offered by Manzullo Rodriguez Walberg the Battle of the Bulge, earning the the gentlewoman from New York (Mrs. Markey Rogers (AL) Walden (OR) Bronze Star. Marshall Rogers (KY) Walsh (NY) MCCARTHY) that the House suspend the Bob Young inspired generations of rules and agree to the resolution, H. Matheson Rogers (MI) Walz (MN) St. Louisans to seek out the American Matsui Rohrabacher Wamp Res. 762. McCarthy (CA) Ros-Lehtinen Wasserman Dream, personifying the importance of This will be a 5-minute vote. McCarthy (NY) Roskam Schultz his family, his union, and his commu- McCollum (MN) Ross Waters The vote was taken by electronic de- nity. Congressman Young will be long vice, and there were—yeas 375, nays 0, McCotter Roybal-Allard Watson remembered for his efforts to turn McCrery Royce Watt answered ‘‘present’’ 1, not voting 56, as ideas into reality. He committed him- McDermott Ruppersberger Waxman follows: McGovern Rush Weiner self to making sure our Nation’s road- [Roll No. 985] McHenry Ryan (OH) Welch (VT) ways, railways, and airways were safe McHugh Ryan (WI) Weldon (FL) for all of us, insisting that our trans- YEAS—375 McIntyre Salazar Weller portation system be state-of-the-art. Abercrombie Boucher Conyers McMorris Sali Westmoreland Ackerman Boustany Cooper Rodgers Sa´ nchez, Linda Wexler Like the proud pipefitter he was, ev- Aderholt Boyd (FL) Costello McNerney T. Whitfield eryone privileged enough to know him Akin Boyda (KS) Courtney McNulty Sanchez, Loretta Wicker would agree the work we do here on be- Alexander Brady (PA) Cramer Meek (FL) Sarbanes Wilson (NM) half of our Nation today must be com- Allen Brady (TX) Crenshaw Meeks (NY) Saxton Wilson (SC) Altmire Braley (IA) Crowley Melancon Schakowsky Wolf pleted, leaving no job left undone. Andrews Broun (GA) Cuellar Mica Schiff Woolsey Rightfully we pause to thank him for Arcuri Brown (SC) Culberson Michaud Schmidt Wu his service to Missouri, this House and Baca Brown-Waite, Cummings Miller (MI) Schwartz Wynn Bachmann Ginny Davis (AL) our Nation. Bachus Buchanan Davis (CA) Miller (NC) Scott (GA) Young (AK) Mr. Speaker, I yield to the gentleman Miller, Gary Scott (VA) Baird Burgess Davis (KY) from Missouri from the Second Con- Baker Burton (IN) Davis, David gressional District. Baldwin Butterfield Davis, Lincoln NOT VOTING—55 Barrett (SC) Calvert Davis, Tom Becerra Gutierrez McKeon Mr. AKIN. Mr. Speaker, coming from Barrow Camp (MI) Deal (GA) Bishop (UT) Hastert Miller (FL) the Second Congressional District, my Bartlett (MD) Campbell (CA) DeFazio Bonner Hoekstra Neal (MA) memory is just long enough to recall Barton (TX) Cannon DeGette Brown, Corrine Hunter Payne Bean Capito Delahunt some actual personal encounters with Berkley Capps DeLauro Buyer Inslee Peterson (PA) Bob Young. Bob was almost a carica- Cantor Jefferson Pickering Berman Capuano Dent Carson Jindal Pryce (OH) ture of politics in North County, St. Berry Cardoza Diaz-Balart, M. Biggert Carnahan Dicks Castor Johnson (IL) Putnam Louis. Bob was a guy who was a pipe- Bilbray Carney Dingell Clay Johnson, E. B. Radanovich fitter, he was a war hero, he was in the Bilirakis Carter Doggett Coble Kaptur Reyes Third Army under Patton, came back, Bishop (GA) Castle Donnelly Costa Kind Rothman got into politics. Bishop (NY) Castor Doolittle Cubin King (NY) Sires Blackburn Chabot Doyle Davis (IL) Kucinich Snyder He served 20 years in the Missouri Blumenauer Chandler Drake Diaz-Balart, L. LaHood Towns legislature, house and senate, and then Blunt Clarke Dreier Ellison Lantos Wilson (OH) came down here for about 10 years or Boehner Cleaver Duncan Engel Lewis (GA) Yarmuth so and was very plain spoken. He Bono Clyburn Edwards Everett Linder Young (FL) Boozman Cohen Ehlers Feeney Marchant wasn’t noted for sugar-coating things, Boren Cole (OK) Ellsworth Gingrey McCaul (TX) but he had a wonderful sense of humor, Boswell Conaway Emanuel

VerDate Aug 31 2005 03:35 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\A22OC7.046 H22OCPT1 hmoore on PRODPC68 with HMHOUSE H11820 CONGRESSIONAL RECORD — HOUSE October 22, 2007 Emerson Lewis (KY) Roskam Costa Johnson (IL) Pickering the Native Hawaiian governing entity, Engel Linder Ross Cubin Johnson, E. B. Pomeroy which was referred to the House Cal- English (PA) Lipinski Roybal-Allard Davis (IL) Kaptur Pryce (OH) Eshoo LoBiondo Royce Diaz-Balart, L. Kind Putnam endar and ordered to be printed. Etheridge Loebsack Ruppersberger Ellison King (NY) Radanovich f Fallin Lofgren, Zoe Rush Everett Kucinich Rahall Farr Lowey Ryan (OH) Feeney LaHood Reyes REPORT ON RESOLUTION PRO- Fattah Lucas Ryan (WI) Giffords Lantos Rothman Ferguson Lungren, Daniel Salazar Gingrey Lewis (GA) VIDING FOR CONSIDERATION OF Sires Filner E. Sali Gutierrez Marchant H.R. 1483, CELEBRATING AMER- Snyder Flake Lynch Sa´ nchez, Linda Hastert McCaul (TX) Towns ICA’S HERITAGE ACT Forbes Mack T. Hoekstra McKeon Fortenberry Mahoney (FL) Sanchez, Loretta Hunter Miller (FL) Wilson (OH) Ms. CASTOR, from the Committee on Fossella Maloney (NY) Sarbanes Inslee Neal (MA) Woolsey Rules, submitted a privileged report Foxx Manzullo Saxton Jefferson Payne Yarmuth Frank (MA) Markey Schakowsky Jindal Peterson (PA) Young (FL) (Rept. No. 110–405) on the resolution (H. Franks (AZ) Marshall Schiff Res. 765) providing for consideration of Frelinghuysen Matheson Schmidt ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE the bill (H.R. 1483) to amend the Omni- Gallegly Matsui Schwartz The SPEAKER pro tempore (during bus Parks and Public Lands Manage- Garrett (NJ) McCarthy (CA) Scott (GA) the vote). Members are advised there Gerlach McCarthy (NY) Scott (VA) ment Act of 1996 to extend the author- Gilchrest McCollum (MN) Sensenbrenner are 2 minutes remaining in this vote. ization for certain national heritage Gillibrand McCotter Serrano b 1918 areas, and for other purposes, which Gohmert McCrery Sessions was referred to the House Calendar and Gonzalez McDermott Sestak So (two-thirds being in the affirma- ordered to be printed. Goode McGovern Shadegg tive) the rules were suspended and the Goodlatte McHenry Shays f Gordon McHugh Shea-Porter resolution was agreed to. Granger McIntyre Sherman The result of the vote was announced REMOVAL OF NAME OF MEMBER Graves McMorris Shimkus as above recorded. Green, Al Rodgers Shuler AS COSPONSOR OF H.R. 3898 A motion to reconsider was laid on Green, Gene McNerney Shuster Mr. FOSSELLA. Mr. Speaker, I ask Grijalva McNulty Simpson the table. unanimous consent that Congressman Hall (NY) Meek (FL) Skelton f Hall (TX) Meeks (NY) Slaughter KUHL be removed as a cosponsor to Hare Melancon Smith (NE) PERSONAL EXPLANATION H.R. 3898. Harman Mica Smith (NJ) The SPEAKER pro tempore. Is there Hastings (FL) Michaud Smith (TX) Mr. GINGREY. Mr. Speaker, on rollcall No. Hastings (WA) Miller (MI) Smith (WA) 983 on H.R. 189, I am not recorded because objection to the request of the gen- Hayes Miller (NC) Solis I was absent due to flight delays returning to tleman from New York? Heller Miller, Gary Souder There was no objection. Hensarling Miller, George Space Washington. Had I been present, I would have Herger Mitchell Spratt voted ‘‘nay.’’ f Herseth Sandlin Mollohan Stark On rollcall No. 984 on H.R. 523, had I been Higgins Moore (KS) Stearns REMOVAL OF NAME OF MEMBER Hill Moore (WI) Stupak present, I would have voted ‘‘yea.’’ AS COSPONSOR OF H. CON. RES. Hinchey Moran (KS) Sullivan On rollcall No. 985 on H. Res. 762, had I 228 Hinojosa Moran (VA) Sutton been present, I would have voted ‘‘yea.’’ Hirono Murphy (CT) Tanner Mr. SCHIFF. Mr. Speaker, I ask Hobson Murphy, Patrick Tauscher f Hodes Murphy, Tim Taylor unanimous consent that Representa- Holden Murtha Terry REPORT ON RESOLUTION PRO- tive MICHAEL T. MCCAUL be removed as Holt Musgrave Thompson (CA) VIDING FOR CONSIDERATION OF a cosponsor of H. Con. Res. 228. Mr. Honda Myrick Thompson (MS) H.R. 1011, VIRGINIA RIDGE AND MCCAUL was listed as a cosponsor due Hooley Nadler Thornberry Hoyer Napolitano Tiahrt VALLEY ACT OF 2007 to a clerical error. Hulshof Neugebauer Tiberi Ms. CASTOR, from the Committee on The SPEAKER pro tempore. Is there Inglis (SC) Nunes Tierney objection to the request of the gen- Israel Oberstar Tsongas Rules, submitted a privileged report Issa Obey Turner (Rept. No. 110–403) on the resolution (H. tleman from California? Jackson (IL) Olver Udall (CO) Res. 763) providing for consideration of There was no objection. Jackson-Lee Ortiz Udall (NM) the bill (H.R. 1011) to designate addi- f (TX) Pallone Upton tional National Forest System lands in Johnson (GA) Pascrell Van Hollen ANNOUNCEMENT BY THE SPEAKER Johnson, Sam Pastor Vela´ zquez the State of Virginia as wilderness or a PRO TEMPORE Jones (NC) Paul Visclosky wilderness study area, to designate the Jones (OH) Pearce Walberg The SPEAKER pro tempore. Pursu- Jordan Pence Walden (OR) Kimberling Creek Potential Wilderness Kagen Perlmutter Walsh (NY) Area for eventual incorporation in the ant to clause 8 of rule XX, the Chair Kanjorski Peterson (MN) Walz (MN) Kimberling Creek Wilderness, to estab- will postpone further proceedings Keller Petri Wamp lish the Seng Mountain and Bear Creek today on the remaining motion to sus- Kennedy Pitts Wasserman Kildee Platts Schultz Scenic Areas, to provide for the devel- pend the rules on which a recorded vote Kilpatrick Poe Waters opment of trail plans for the wilderness or the yeas and nays are ordered, or on King (IA) Porter Watson areas and scenic areas, and for other which the vote is objected to under Kingston Price (GA) Watt clause 6 of rule XX. Kirk Price (NC) Waxman purposes, which was referred to the Klein (FL) Ramstad Weiner House Calendar and ordered to be Any record vote on the postponed Kline (MN) Rangel Welch (VT) printed. question will be taken tomorrow. Knollenberg Regula Weldon (FL) Kuhl (NY) Rehberg Weller f f Lamborn Reichert Westmoreland Lampson Renzi Wexler REPORT ON RESOLUTION PRO- INDUSTRIAL ENERGY EFFICIENCY Langevin Reynolds Whitfield VIDING FOR CONSIDERATION OF RESEARCH AND DEVELOPMENT Larsen (WA) Richardson Wicker H.R. 505, NATIVE HAWAIIAN GOV- ACT OF 2007 Larson (CT) Rodriguez Wilson (NM) ERNMENT REORGANIZATION ACT Latham Rogers (AL) Wilson (SC) Mr. LAMPSON. Mr. Speaker, I move LaTourette Rogers (KY) Wolf OF 2007 to suspend the rules and pass the bill Lee Rogers (MI) Wu Ms. CASTOR, from the Committee on (H.R. 3775) to support research and de- Levin Rohrabacher Wynn Lewis (CA) Ros-Lehtinen Young (AK) Rules, submitted a privileged report velopment of new industrial processes (Rept. No. 110–404) on the resolution (H. and technologies that optimize energy ANSWERED ‘‘PRESENT’’—1 Res. 764) providing for consideration of efficiency and environmental perform- Tancredo the bill (H.R. 505) to express the policy ance, utilize diverse sources of energy, NOT VOTING—56 of the United States regarding the and increase economic competitive- United States relationship with Native ness, as amended. Becerra Brown, Corrine Carson Bishop (UT) Buyer Clay Hawaiians and to provide a process for The Clerk read the title of the bill. Bonner Cantor Coble the recognition by the United States of The text of the bill is as follows:

VerDate Aug 31 2005 03:35 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\A22OC7.047 H22OCPT1 hmoore on PRODPC68 with HMHOUSE October 22, 2007 CONGRESSIONAL RECORD — HOUSE H11821 H.R. 3775 plication activities under this section may may have 5 legislative days to revise Be it enacted by the Senate and House of Rep- include— and extend their remarks and to in- resentatives of the United States of America in (1) activities to support the development clude extraneous material on H.R. 3775, Congress assembled, and use of technologies and processes that the bill now under consideration. SECTION 1. SHORT TITLE. improve the quality and quantity of feed- The SPEAKER pro tempore. Is there stocks recovered or recycled from process This Act may be cited as the ‘‘Industrial objection to the request of the gen- Energy Efficiency Research and Develop- and waste streams; ment Act of 2007’’. (2) research to meet manufacturing feed- tleman from Texas? There was no objection. SEC. 2. FINDINGS. stock requirements with alternative re- The Congress finds the following: sources; Mr. LAMPSON. Mr. Speaker, I yield (1) According to the Energy Information (3) research to develop and demonstrate myself such time as I may consume. Administration’s 2006 Annual Energy Re- technologies and processes that utilize alter- I’m pleased that the House will con- view, the industrial sector in 2006 accounted native energy sources to supply heat, power, sider my bill today, H.R. 3775, the In- for more energy use (32 percent) than the and new feedstocks for energy-intensive in- dustrial Energy Efficiency Research residential (21 percent), commercial (18 per- dustries; and Development Act. I first wish to cent), or transportation sector (29 percent). (4) research to achieve energy efficiency in thank my colleagues on the Science (2) The primary energy intensive industries steam, power, control system, and process and Technology Committee for their heat technologies, and in other manufac- vital to maintaining our country’s infra- support in crafting this legislation, es- structure and economic and national secu- turing processes; and rity include steel, chemicals, metal casting, (5) a program to fund research, develop- pecially Ranking Members INGLIS and forest products, glass, aluminum, petroleum ment, and demonstration relating to inven- HALL, who worked with me on this bill refining, and mining, as well as other energy tors’ and small companies’ technology pro- which highlights the critical need for intensive manufacturers. posals, based on energy savings potential, research into technologies that im- (3) The Department of Energy has dem- commercial viability, and technical merit. prove industrial energy efficiency. onstrated the success of public-private part- (c) COMPETITIVE AWARDS.—All awards An expanding economy and growing nerships with these industries resulting in under this section shall be made on a com- population ensure that demand for en- research, development, and deployment of petitive, merit-reviewed basis. ergy will continue to grow, making en- new energy efficient technologies which re- (d) COORDINATION AND NONDUPLICATION.— duce emissions and improve manufacturing The Secretary shall, coordinate efforts under ergy conservation a key national goal. competitiveness. this section with other programs of the De- In the United States, industry is re- (4) Innovations in manufacturing processes partment and other Federal agencies, to sponsible for more than one-third of all within these industries may be translated avoid duplication of effort. energy consumed. Heavy industries into efficiency improvements in buildings, (e) ANNUAL REPORT.—Not later than 1 year such as chemical, glass and metals pro- transportation, and other economic sectors after the date of enactment of this Act, and duction, mining, petroleum, refining, that depend upon these industries. once every 2 years thereafter, the Secretary and forest and paper products all re- (5) While past public-private partnerships shall submit to the Congress a report on the quire very large amounts of energy, have resulted in significant energy efficiency activities conducted pursuant to this Act, in- improvements in manufacturing processes, cluding— making them particularly susceptible there is a need for new technologies to (1) a description of the activities used to to high energy prices. Therefore, these achieve continual energy efficiency improve- facilitate cooperation with energy-intensive and other energy-intensive U.S. indus- ments. industries, universities, and other partici- tries are ideal candidates on which to (6) Innovations made in the last few dec- pants in the program; and focus Federal research and develop- ades assisted the United States in remaining (2) a description of ongoing projects and ment efforts and apply new tech- competitive in the global market. Continued new projects initiated, and the anticipated nologies to increase efficiency, raise innovation in the areas of energy efficiency energy savings associated with achievement productivity, reduce wastes, trim and feedstock diversification are necessary of each project’s goals. costs, and ultimately make them more to enable the United States to maintain a SEC. 4. UNIVERSITY-BASED INDUSTRIAL RE- competitive edge. SEARCH AND ASSESSMENT CEN- competitive in a global market. (7) The Department of Energy should con- TERS. I’m very familiar with the difficul- tinue collaborative efforts with industry, To strengthen the program under section 3, ties these industries face. Texas has particularly the manufacturing sector, to the Secretary shall provide funding to uni- the highest percentage of large energy- broaden and accelerate the high-risk re- versity-based industrial research and assess- intensive industries, 8 percent of the search and development of new manufac- ment centers, whose purpose shall be— U.S. total. Over half the energy used in turing processes that optimize energy effi- (1) to identify opportunities for optimizing Texas is consumed by the industrial ciency and utilize diverse sources of energy. energy efficiency and environmental per- sector. There is significant pressure to (8) These partnerships support critical re- formance; search and development capabilities at uni- (2) to promote application of emerging con- reduce the emissions and energy use versities and other research institutions cepts and technologies in small and medium- associated with their processes, while while training future generations of engi- sized manufacturers; keeping costs low enough to maintain neers in critical areas of energy systems and (3) to promote the research and develop- the region’s attractiveness to industry. efficient industrial process technologies for ment for usage of alternative energy sources That’s a tall order when costs for nat- our domestic industries. to supply heat, power, and new feedstocks ural gas, one of the primary industrial SEC. 3. INDUSTRIAL TECHNOLOGIES PROGRAM. for energy intensive industries; feedstocks, are among the highest in (a) IN GENERAL.—The Secretary of Energy (4) to coordinate with appropriate State re- the country. (in this Act referred to as the ‘‘Secretary’’) search offices, and provide a clearinghouse The Industrial Technologies Pro- shall establish a program, in cooperation for industrial process and energy efficiency gram, ITP, at the Department of En- with energy-intensive industries, trade and technical assistance resources; and industry research collaborations rep- (5) to coordinate with State-accredited ergy, works to improve the energy in- resenting such industries, and institutions of technical training centers and community tensity of U.S. industry through co- higher education— colleges, while ensuring appropriate services ordinated, cost-shared research and de- (1) to conduct energy research, develop- to all regions of the United States. velopment. The ITP is considered one ment, demonstration, and commercial appli- SEC. 5. AUTHORIZATION OF APPROPRIATIONS. of the most effective Department of cation activities with respect to new indus- There are authorized to be appropriated to Energy programs, transferring over 170 trial and commercial processes, tech- the Secretary to carry out this Act nologies, and methods to— technologies to the commercial mar- $150,000,000 for each of the fiscal years 2009 ket, improving an estimated 13,000 U.S. (A) achieve substantial improvements in through 2013. energy efficiency; and manufacturing plants, and saving near- (B) enhance the economic competitiveness The SPEAKER pro tempore. Pursu- ly 5 quadrillion Btus of energy, or ap- of the United States industrial sector; and ant to the rule, the gentleman from proximately $23 billion in energy since (2) to conduct environmental research and Texas (Mr. LAMPSON) and the gen- its inception. That’s significant. development with respect to new industrial tleman from Washington (Mr. The ITP also sponsors university- and commercial processes, technologies, and REICHERT) each will control 20 minutes. based Industrial Assessment Centers, methods to achieve environmental perform- The Chair recognizes the gentleman which utilize engineering faculty and ance improvements such as waste reduction, from Texas. students to provide no-cost energy as- emissions reductions, and more efficient GENERAL LEAVE water use. sessments, mostly to small and me- (b) PROGRAM ACTIVITIES.—Research, devel- Mr. LAMPSON. Mr. Speaker, I ask dium-sized manufacturers. These cen- opment, demonstration, and commercial ap- unanimous consent that all Members ters serve as valuable preparation for

VerDate Aug 31 2005 03:35 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\A22OC7.069 H22OCPT1 hmoore on PRODPC68 with HMHOUSE H11822 CONGRESSIONAL RECORD — HOUSE October 22, 2007 the next generation of energy and in- duce their energy costs and the train- precedent as to our two committees. The ex- dustrial engineers, training almost 250 ing of university students who will change of letters between our two commit- students per year. take the efficiency knowledge they tees will be placed in the Committee’s report The Industrial Technologies Program have learned and apply it in the work- on H.R. 3775 and in the Congressional Record during consideration of the bill. has suffered dramatic budget cuts in force. Thank you for your attention to this mat- recent years, dropping to just one-third The bill before us today will ensure ter. of the funding levels of 2001. And this that ITP’s beneficial work will con- Sincerely, reflects a dramatic and untimely shift tinue to help the industrial sector re- BART GORDON, in priorities away from industrial effi- duce its cost, which not only helps Chairman. ciency research and development. them remain globally competitive Mr. Speaker, I don’t have further So H.R. 3775 authorizes and expands while allowing them to keep their op- comments to be made, and so if the the Department of Energy’s Industrial erations in the United States of Amer- gentleman is prepared to yield back his Technology Program through better ica. Further, the ITP aids our coun- time, then I am ready to do so as well. coordination of interdepartmental re- try’s goal of reducing our dependence Mr. REICHERT. Mr. Speaker, I have search, enhancement of the industrial on foreign sources of energy by improv- no further speakers, and I yield back assessment centers program at univer- ing this critical sector’s use of energy. the balance of my time. sities, and support of more research I reserve the balance of my time. Mr. LAMPSON. Mr. Speaker, I yield and development of new innovations Mr. LAMPSON. Thank you for your back the balance of my time. and technologies that improve the en- words, Mr. REICHERT. Certainly this is The SPEAKER pro tempore (Mr. ergy efficiency and environmental per- important. It’s something that can PERMUTTER). The question is on the formance of most energy-intensive make a significant difference to what motion offered by the gentleman from manufacturing processes. we’re doing for the world and for indus- Texas (Mr. LAMPSON) that the House This legislation is needed to ensure try in the United States of America, to suspend the rules and pass the bill, continued gains in these areas through make sure that we are kept competi- H.R. 3775, as amended. research and development that makes tive. The question was taken; and (two- the U.S. industry more competitive There’s so many things, whether it is thirds being in the affirmative) the and enhances the quality of life for using waste to pelletize wood into new rules were suspended and the bill, as American workers, their families and kinds of fuel, whether it is solar, water, amended, was passed. the communities that they serve. any of the many things, wind, that A motion to reconsider was laid on Again, I want to thank Mr. INGLIS for we’re doing and to encourage to make the table. working to make this a better bill. I these things possible is something that f encourage my colleagues to support is very important to me. b 1930 H.R. 3775. Mr. Speaker, I will insert the fol- Mr. Speaker, I reserve the balance of lowing letters into the RECORD. POLITICAL AND RELIGIOUS my time. HOUSE OF REPRESENTATIVES, DISCOURSE Mr. REICHERT. Mr. Speaker, I rise COMMITTEE ON ENERGY AND COMMERCE, (Mr. POE asked and was given per- today in support of H.R. 3775, the In- Washington, DC, October 22, 2007. mission to address the House for 1 dustrial Energy Efficiency Research Hon. BART GORDON, Chairman, Committee on Science and Tech- minute.) and Development Act of 2007, and I Mr. POE. Mr. Speaker, the first yield myself such time as I may con- nology, Washington, DC. DEAR MR. CHAIRMAN: I write with regard to amendment protects the fundamental sume. H.R. 3775, the Industrial Energy Efficiency natural rights of free speech and free The industrial sector of our economy Research and Development Act of 2007. I press. is currently the largest user of energy. know it is your wish for the bill to be consid- These pillars of principle are listed According to the Department of Ener- ered on the House floor as soon as possible. first because they are the most impor- gy’s Energy Information Administra- Some of the provisions in the bill are of ju- tant. These two freedoms ensure the tion, the industrial sector consumed 32 risdictional interest to the Committee on protection of all the other rights that Energy and Commerce. I am not, however, percent of the Nation’s energy in 2006. follow in the Bill of Rights. While the industrial sector has made raising the issue with the Speaker because it is my understanding that you have agreed Many years have passed since these impressive efficiency gains since 1980, that the referral and consideration of the bill values were chiseled into the Constitu- more is needed and more can be done. do not in any way serve as a jurisdictional tion, but they are still under attack by The Department of Energy currently precedent as to our two committees. the elites who advocate Federal control runs the Industrial Technology Pro- I request that you send to me a letter con- of both. Why? Because these censors grams, ITP, whose mission it is to im- firming our agreement and that our ex- disagree with the content or claim it’s prove the energy intensity of the change of letters be included in your Com- inaccurate or it’s not fair. Even former United States industrial sector, whose mittee’s report on the bill and inserted in Supreme Court Justice Sandra Day the Congressional Record as part of the con- industries include aluminum, chemi- O’Connor said last year that people cals, forest products, glass, metal cast- sideration of the bill. Please call me if you would like to discuss should not harshly criticize the Su- ing, mining, petroleum refining and this matter further. preme Court or its rulings. steel. The ITP program engages in Sincerely, The Constitution does not guarantee partnerships with industry to conduct JOHN D. DINGELL, speech or press to be fair or even accu- research and development into energy Chairman. rate. It guarantees it to be free. ‘‘Fair’’ efficiency technologies, as well as dem- is too subjective a term. onstrating those technologies and HOUSE OF REPRESENTATIVES, COM- Our Framers were primarily con- transferring them to the marketplace. MITTEE ON SCIENCE AND TECH- cerned about protecting the political The program has been very successful NOLOGY, Washington, DC, October 22, 2007. and religious discourse. Why? Because in its efforts with over 140 projects Hon. JOHN D. DINGELL, they are the most controversial and reaching the commercial market. Chairman, Committee on Energy and Commerce, the most important. The ITP also conducts energy assess- Washington, DC. Any action by the Federal Govern- ments, to help industrial manufactur- DEAR MR. CHAIRMAN: Thank you for your ment to control speech or press should ers of all sizes, through both its Save letter regarding the referral and consider- be met with loud, harsh words; fiery Energy Now and university-based In- ation of H.R. 3775, the Industrial Energy Effi- oratory; and a blazing pen. dustrial Assessment Centers, IACs. The ciency Research and Development Act of And that’s just the way it is. Save Energy Now program completed 2007. I appreciate your support of this impor- tant legislation. f 265 assessments that identified energy I recognize your Committee’s jurisdic- SPECIAL ORDERS savings of more than $585 million per tional interest in this area, and I agree that year. the inaction of the Committee on Energy The SPEAKER pro tempore. Under The IACs serve a dual role, aiding and Commerce with respect to the bill does the Speaker’s announced policy of Jan- small and medium-sized business to re- not in any way serve as a jurisdictional uary 18, 2007, and under a previous

VerDate Aug 31 2005 04:20 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K22OC7.087 H22OCPT1 hmoore on PRODPC68 with HMHOUSE October 22, 2007 CONGRESSIONAL RECORD — HOUSE H11823 order of the House, the following Mem- And certainly not the brave men and Donnie Letsinger put it ‘‘just doing his bers will be recognized for 5 minutes women who are serving us in Iraq. One job for the rest of us.’’ The sheriff each. man. spoke the sentiments of most of the f And it does not get much better here, townspeople that I got to talk to. right here at home, where the adminis- The town was decorated with signs The SPEAKER pro tempore. Under a tration is pushing for more ways to spy and flags and banners in windows of previous order of the House, the gen- on American citizens. They are attack- houses and in front of stores. Anyway, tleman from Maryland (Mr. CUMMINGS) ing their political adversaries by ques- the ceremony started off with a is recognized for 5 minutes. tioning their patriotism. They even lengthy prayer by the local Baptist (Mr. CUMMINGS addressed the outed a covert CIA operative. The preacher, and then there was a rousing House. His remarks will appear here- President at that time said that any- pledge to the flag. There were tears and after in the Extensions of Remarks.) one caught for such an action would be speeches by politicians. The mayor, f removed from his staff. Now it turns Rachel Gallegos, presented Deputy Hernandez a proclamation from the HOLDING THE ADMINISTRATION out that Karl Rove, Richard Armitage, Scooter Libby, and Ari Fleischer didn’t city as Rocksprings’ Favorite Son. RESPONSIBLE FOR THE U.S. Most of the community turned out, LEGACY IN IRAQ count and the administration chose to put them above the law. many carrying signs of ‘‘Welcome The SPEAKER pro tempore. Under a Once again, Mr. Speaker, we have to Home, Gilmer.’’ Gilmer’s family was previous order of the House, the gentle- ask ourselves who’s really to blame. I there, his wife, Ashley; and his wonder- woman from California (Ms. WOOLSEY) can only think of one person. ful young daughter. When Gilmer was is recognized for 5 minutes. And, finally, most shameful of all, shipped off to Federal prison, the peo- Ms. WOOLSEY. Mr. Speaker, it is the legacy of this occupation of Iraq ple of this small town rallied around past time to hold this administration has left a generation of men and his family. The town paid the rent on accountable for its actions in Iraq and women with physical and mental his pickup truck, took his family into for its actions throughout the region. wounds that may never heal. And how their homes, provided food, and took Our standing in the world and did the administration thank them for care of his mortgage on his house. throughout the Middle East is at an their bravery on behalf of our Nation? They sent him letters while he was in- all-time low. And our standing in popu- Walter Reed. Long waits for necessary carcerated; they prayed for him; and larity has just about disappeared. The medical treatment at local VA hos- when he got home, he already had a job administration’s policies have only pitals. And in some cases, extended de- with the city and the local phone com- brought instability and conflict. The ployments. What kind of Commander pany. Mr. Speaker, this is an interesting strategy of preemptive war has, and we in Chief would do that? celebration considering Gilmer was a have seen it, been met with disbelief. It Remember the good old days when convicted felon. Gilmer Hernandez has been met with criticism from all past Presidents said, and meant it, grew up in Rocksprings. His family is corners of the world. that ‘‘the buck stops here,’’ the buck from there. He became a deputy sheriff The administration keeps beating the stops with them? This administration for Edwards County. He always drum of war with Iran, and its inaction seems to think the buck stops every- dreamed of being a lawman, even in northern Iraq may lead to armed where but 1600 Pennsylvania Avenue. though he made a little bit over just conflict with Turkey. A real leader, an Mr. Speaker, it is time for the Presi- $20,000 a year patrolling a county the effective Commander in Chief, knows dent to take the responsibility for his size of Delaware. that the use of force should be the very actions and turn the tide around, and last possible option, not the first. The Here’s what happened sometime ago: he can do that by providing our men while this young deputy was on routine blame for this sits squarely in the Oval and women in uniform the equipment Office. patrol late at night, he came in contact they need to come home safely; by with an SUV that ran the red light in And what about the people the ad- funding the safe, responsible, and time- ministration was supposed to be liber- Rocksprings, Texas. He pulled the vehi- ly withdrawal of our troops; and by re- cle over; and as he approached it, the ating? Many live now without the basic gaining, in turn, our place as a world services they had for generations: elec- truck sped off and swerved to run over leader promoting peace and stability. the deputy. Gilmer pulled his weapon tricity, clean water, basic health care, Mr. Speaker, hold this administra- education. And at least 4 million Iraqis and shot out two tires in self-defense. tion accountable. Bring our troops The vehicle stopped, and numerous have fled their homes. Many are dis- home. End this senseless occupation. illegals, including the coyote smug- placed within their own country, and f gling the illegals into America, took millions more have escaped to neigh- off running. But one of Gilmer’s bullets boring Iran and Syria. Despite what NO PLACE LIKE HOME: ricocheted in the SUV and hit a pas- the administration has claimed, the ROCKSPRINGS, TEXAS senger as Gilmer fired at the fleeing fault does not lie on the Iraqi people or The SPEAKER pro tempore. Under a vehicle. This was the first time Gilmer the international community. Once previous order of the House, the gen- Hernandez had ever fired his pistol. again the blame belongs one place and tleman from Texas (Mr. POE) is recog- The sheriff and the Texas Rangers in- one place only: that’s with our admin- nized for 5 minutes. vestigated the incident; and after in- istration. Mr. POE. Mr. Speaker, in the vast- vestigating it thoroughly, they cleared Let’s look at our international ness of west Texas, the sky is a bril- Hernandez. human rights record, Mr. Speaker. liant brazen blue and a place where But upon the assistance of the arro- From Guantanamo to Abu Ghraib, a sparse live oak trees fight to even gant Mexican Government one year scandal, to the mercenary Blackwater exist. In the stillness of these arid after the incident, our almighty Fed- security forces, the face of American plains is the remote south Texas town eral Government prosecuted Gilmer for policy emerges as goons, thugs, and of Rocksprings. a civil rights violation, saying he cowboys. The people of this community of only should not have continued firing at the Or what about torture? The adminis- 1,250 had a homecoming Saturday for vehicle after it drove past him. So tration says it doesn’t promote tor- their favorite son, Deputy Gilmer Her- Gilmer Hernandez was sent off to pris- ture. Yet day in and day out we read nandez. I was honored to be there. The on at the behest of Mexico with the news media reports of an administra- ceremony, ironically, took place on the United States being the puppet. By the tion promoting rendition and ‘‘en- courthouse square under the pecan way, all of the illegals got to stay in hanced interrogation methods.’’ These trees and in front of the old limestone the United States. methods allow for everything short of courthouse. Ironic because, you see, Many of the townspeople told me death. The responsibility lies at the Mr. Speaker, the town was celebrating Saturday they thought Gilmer was feet of one man. Not a general. Not the the release of Gilmer Hernandez from right to defend himself. One old crusty Justice Department. Not the men and the Federal penitentiary. He had been Texas rancher called Gilmer a political women of the intelligence community. sent to prison for, as local sheriff, prisoner.

VerDate Aug 31 2005 03:35 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K22OC7.091 H22OCPT1 hmoore on PRODPC68 with HMHOUSE H11824 CONGRESSIONAL RECORD — HOUSE October 22, 2007 I and others of this House have asked because the President is playing poli- tleman from North Carolina (Mr. the President to pardon Gilmer Her- tics with the issue. The President of JONES) is recognized for 5 minutes. nandez, and we hope eventually the the United States is saying, ‘‘I want Mr. JONES of North Carolina. Mr. President does pardon him. He has, this $46 billion and I want it now, and Speaker, I would like to thank Chair- after all, served his time. I want to use it for very necessary man CHARLIE RANGEL and the House But Saturday, as the magnificent sun armor and equipment,’’ because he Ways and Means Committee for their began to set, the town of Rocksprings knows that the Members of Congress work in putting together a package of came out to cheer and honor and praise do not like to be seen in a bad light, legislation called the Heroes Earning and totally support its favorite native having folks believe that somehow Assistance and Relief Tax Act of 2007, son. After all the hoopla, the town they’re not providing support for the which is designed to help members of went down the road to the fairgrounds soldiers. And he keeps testing the will the United States Armed Forces and for barbecue and homemade desserts. of this Congress with these kinds of an- their families. I’m especially grateful, And, by the way, the sheriff gave tics. Mr. Speaker, that the committee has Gilmer back his badge, hoping some We know that the American public indicated plans to include in this legis- day he will be able to wear it again. wants us out of Iraq. We also know the lation a bill that I first introduced in Deputy Gilmer Hernandez is a re- American public wants to indicate its 2005. markable person, and the town of support for the soldiers who are not H.R. 418 would permit military fami- Rocksprings is a uniquely remarkable there because they’ve decided that we lies to receive the death gratuity to in- place to be from. would go to war, but rather, they an- vest the full amount into certain tax- And that’s just the way it is. swered the President’s call because favored accounts. A death gratuity is a f they are patriotic, many of them need- $100,000 payment paid to survivors of ed jobs, they needed resources, they servicemembers whose death resulted b 1945 needed money, so they’re there. from combat-related circumstances. THE IRAQ WAR Everybody supports the soldiers, but Current tax law limits the amount that recipients of the death gratuity The SPEAKER pro tempore. Under a the President is trying to set us up. He can place in tax-preferred accounts, previous order of the House, the gentle- is trying to set us up so that if we don’t immediately vote on this $46 billion it such as a Roth IRA or Coverdell Edu- woman from California (Ms. WATERS) is cation Savings Account. This legisla- recognized for 5 minutes. will look as if we are not giving the tion would change that to allow recipi- Ms. WATERS. Mr. Speaker, today soldiers the necessary equipment in ents to contribute up to the full President Bush requested an additional order to wage the war. This is abso- amount of the gratuity payment to $46 billion war request. This request is lutely ridiculous. And I don’t know how long this these accounts. on top of an existing $142 billion re- President thinks he can get along with Mr. Speaker, as the families of our quest pending from earlier this year. mismanaging this war in the way that fallen heroes try to put their lives back The President told reporters that the he’s doing. We have 101 questions we together, they need all the help they funding was simply for day-to-day ought to be forcing on him. First of all, can get. The families should not have military operations in Afghanistan and where are the 190,000 weapons that have to worry about saving the death gra- Iraq. He said that the bill provides for been lost? Where is the money we were tuity to pay for health care, college or basic needs like bullets and body supposed to have been getting from the other expenses and then have the gov- armor, protection against IEDs, and oil wells in Iraq? Where are the billions ernment come in and tax the interest mine-resistant, ambush-protected vehi- of dollars that they sent over in cash in on that savings. This bill would help cles. the beginning of this war? What hap- ensure that does not happen. The President would lead us to be- pened to all of that money? Mr. Speaker, the need for this legis- lieve that there are only two options in We can go on and on and on with lation was brought to my attention by Iraq; Congress must either continue to questions about Blackwater and the Captain Michael Ceres, a constituent fund the war indefinitely, or we must contractors and the mercenaries. We stationed at Marine Corps Air Station choose to pull the rug out from under can go on and on about this govern- New River. Captain Ceres, who just re- the troops and strand them in the field ment that they put together that does turned from serving in Iraq, contacted without body armor and bullets. This, not function and will not function. We my office and suggested that Congress of course, is a ridiculous characteriza- can ask them, whose side are you on, should institute this change to ease the tion of our position. We feel that con- the Sunnis, the Shias? And now you’re burden on grieving military families. tinuing to referee a civil war in Iraq trying to manage what Turkey does Mr. Speaker, the Joint Committee on runs counter to our national security with the Kurds. The Kurds killed Turk- Taxation has scored this legislation at interests. ish soldiers. The Turks threatened to no cost, meaning that the actual cost There is no military solution to the go over and invade the Kurdish terri- of this proposal is less than $500,000 war in Iraq no matter how many sol- tory, and now we’re over there trying over 9 years. Our men and women in diers, weapons and dollars you dump to manage that. It is complicated. We uniform serve this Nation with great into the country. Bombs and bullets have no business there. honor and distinction; many give their have not and will not bring us peace in This occupation is draining us, not lives for this country. We owe it to our Iraq. I believe there is only one answer only the lives of young men and women fallen military heroes to expand this to the war in Iraq: a fully funded rede- who are there trying to answer the option of families who receive the ployment of our troops and military President’s call, but the dollars that death gratuity, families who have paid contractors. should be going into comprehensive the ultimate cost with the loss of their I think a reasonable Member of Con- universal health care, truly supporting loved one. gress would welcome a plan from the Leave No Child Behind, truly sup- H.R. 418 has also received the en- President on how we’re going to safely porting moderate and low-income hous- dorsement of The Military Coalition, a leave Iraq, and we would be happy to ing, truly being used to rebuild the in- group of prominent national military fund it. But asking us to continue frastructure that’s falling apart all and veterans organizations that rep- funding, providing funds for the occu- over America. resent more than 5.5 million members pation of Iraq until President Bush de- Come on, Mr. President, don’t chal- plus their families. cides to change course is tantamount lenge us this way. There are some of us Mr. Speaker, of the 35 organizations to asking us to just continue to sup- who know what we’re going to do, and that have voiced their support for H.R. port the war. others are going to get wise very soon. 418, let me name just a few: the Air The choice is clear; it is time to face f Force association, AMVETS, Fleet Re- the facts: We either provide funds to serve Association, Gold Star Wives of continue the war or we provide funds MILITARY DEATH GRATUITIES TO America, Military Officers Association to end the war. TAX FAVORED ACCOUNTS of America, Marine Corps League, Mr. Speaker and Members, I’m both- The SPEAKER pro tempore. Under a Navy League of the United States, and ered by this request. I’m bothered by it previous order of the House, the gen- there are many others.

VerDate Aug 31 2005 03:35 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K22OC7.094 H22OCPT1 hmoore on PRODPC68 with HMHOUSE October 22, 2007 CONGRESSIONAL RECORD — HOUSE H11825 I call upon my colleagues to support where the population of people of color In addition to that, on another case, the inclusion of H.R. 418 in the Heroes is significant. McWilliams v. Mississippi, when a Earning Assistance and Tax Relief Act I yield such time as he may consume prosecutor cites nonracial readiness for of 2007 in order to expand the options of to my colleague and good friend, the strikes. Davis v. Mississippi is another military families whose loved ones Chair of the Homeland Security Com- case. Judge Southwick denied the de- have given their lives in the name of mittee, BENNIE THOMPSON. fense’s warranted attempts to strike freedom and in defense of this Nation. Mr. THOMPSON of Mississippi. white jurors, even when the defense Mr. Speaker, I close by asking God to Thank you very much. used the same nonracial reasons for please bless our men and women in uni- Mr. Speaker, I join members of the strikes. Webb v. Mississippi. In other form. I ask God to please bless the fam- Congressional Black Caucus, who have words, it’s all right to strike black peo- ilies of our men and women in uniform. unanimously opposed the nomination ple from juries for nonracial reasons, And also, I will ask God to continue to of Leslie Southwick to the Fifth Cir- but you can’t strike white people from bless America. cuit Court of Appeals. juries for nonracial reasons. For the record, Mr. Speaker, the f So, Mr. Speaker, we have a problem. Fifth Circuit is composed of Mis- The SPEAKER pro tempore. Under a This is the person under consideration sissippi, Louisiana and Texas. This cir- previous order of the House, the gen- this week by the United States Senate. cuit historically was one of those cir- tleman from Oregon (Mr. DEFAZIO) is I’m happy to say that the Congres- cuits that moved civil rights and vot- recognized for 5 minutes. sional Black Caucus has taken up a ing rights issues in a manner that al- (Mr. DEFAZIO addressed the House. number of issues this session, but the lowed all people representation. So His remarks will appear hereafter in Southwick nomination really goes to what we’ve seen under the President’s the Extensions of Remarks.) the heart of why we are all here. We administration, we’ve seen this court cannot put people on the bench for a f move in the opposite direction. lifetime job who demonstrate this kind The SPEAKER pro tempore. Under a As a resident of Mississippi and a rep- of insensitivity. previous order of the House, the gen- resentative for the Second Congres- tleman from Indiana (Mr. BURTON) is sional District, we have yet to have a b 2000 recognized for 5 minutes. member of the Fifth Circuit Court of So, Mr. Speaker, I am happy to join (Mr. BURTON of Indiana addressed Appeals who is an African American. my colleagues with the Congressional the House. His remarks will appear We have the highest population of any Black Caucus in unanimously opposing hereafter in the Extensions of Re- circuit in the State in the circuit; yet the elevation of Judge Southwick to marks.) we are completely void of representa- the Fifth Circuit Court of Appeals. His f tion. nomination is not just an affront to I don’t have to go through the litany people of color, but it is an affront to CONGRESSIONAL BLACK CAUCUS of problems we’ve had in Mississippi people of good will. That someone who The SPEAKER pro tempore. Under with respect to civil rights. As you demonstrated a lack of judicial tem- the Speaker’s announced policy of Jan- know, and as so many know, Mr. perament can actually be nominated uary 18, 2007, the gentlewoman from Speaker, had it not been for the Fed- and be given serious consideration by Ohio (Mrs. JONES) is recognized for 60 eral court system, many of us would the United States Senate is beyond me. minutes as the designee of the major- not be in elected office. Many of us But, again, I want to express my sin- ity leader. would not hold positions of higher re- cere opposition to the nomination of Mrs. JONES of Ohio. Mr. Speaker, sponsibility because our State denied Leslie Southwick to the Mississippi over the past 9 months, the Congres- African Americans, for a number of Fifth Circuit Court of Appeals. Mis- sional Black Caucus has been at the years, equal representation under law sissippi needs a nominee who will not forefront of many major issues here in and denied that representation because look to discourage or impede its Congress, from raising the minimum of color. growth, but instead support and em- wage, to the Don Imus debacle, to the And so what we have in the South- power Mississippi’s legacy. I appreciate upcoming Southwick nomination vote wick nomination, Mr. Speaker, is a my colleague from Ohio yielding me that will be taken up in the Senate this continuing pattern of nominating peo- the time. week. We have been at the forefront of ple who have demonstrated racial in- Mrs. JONES of Ohio. Mr. Chairman, raising the issue about the need to sensitivity toward people of color. In just for a moment, I recall only a few cover 10 million children under SCHIP. the Richmond v. Mississippi Depart- months ago that you and the Chair of And we’ve been at the forefront as well ment of Human Services, a white em- our Congressional Black Caucus, CARO- raising issues with regard to the war in ployee was fired for using the phrase LYN CHEEKS KILPATRICK, were actually Iraq and the number of people who ‘‘good ole nigger’’ toward an African over at the Senate side when this was have been killed, as well as the recent American coworker. When the white in committee. Jena Six situation. employee was fired, a hearing officer Mr. THOMPSON of Mississippi. Tonight, however, we will be focusing reinstated the employee. That’s correct. in on the Southwick nomination. And In upholding the reinstatement, the Mrs. JONES of Ohio. Can you recount as we focus in on that nomination, we majority, Mr. Speaker, which Judge for us briefly what you encountered in always remember that for people of Southwick joined, concluded that using that hearing? color the court has been the place of the phrase ‘‘good ole nigger’’ was Mr. THOMPSON of Mississippi. Well, last resort. Many of the opportunities equivalent to calling the other em- the record will reflect, Mrs. TUBBS that we’ve had to raise issues with re- ployee her ‘‘teacher’s pet’’. This opin- JONES, that at that hearing significant gard to school desegregation, civil ion, I’m happy to say, Mr. Speaker, was evidence was introduced as to the sta- rights, economic opportunities, equal unanimously reversed by the Mis- tistical probability of African Ameri- employment opportunity, have come sissippi Supreme Court. And this is our cans being nominated to the court. It through the courts. And it is that rea- President’s number one nominee for was also introduced that the popu- son that we are particularly raising the Fifth Circuit, who says that it’s all lation of African Americans was the our voices with regard to this nomina- right to use the ‘‘N’’ word when refer- greatest in the State of Mississippi, tion. ring to people of color because it’s that Mississippi had fewer individuals I am joined this evening by my col- equivalent to being called the ‘‘teach- on the Fifth Circuit Court of Appeals league and good friend, the Chair of the er’s pet,’’ or as he said in later words, and has never had an African American Homeland Security Committee, Mr. ‘‘a term of endearment.’’ That’s an in- on a court in its entire history from BENNIE THOMPSON. And Judge sult. But it goes to the crux of the the State of Mississippi. So this is a Southwick, the nominee, actually is a issue of whether or not the tempera- golden opportunity, it was a golden op- resident of Mississippi and being con- ment of this gentleman, Leslie South- portunity for President Bush to do the sidered for that seat which oversees wick, fits promotion to the Fifth Cir- right thing. But this was his third Mississippi and several other States cuit Court of Appeals. nominee for this one judgeship. Each of

VerDate Aug 31 2005 03:35 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K22OC7.096 H22OCPT1 hmoore on PRODPC68 with HMHOUSE H11826 CONGRESSIONAL RECORD — HOUSE October 22, 2007 the other individuals who he has nomi- dividuals, more than 700,000 American first African American woman ap- nated also had that judicial tempera- citizens, in the Fifth Circuit Court of pointed to the Ways and Means Com- ment and their qualifications ques- Appeals district are in opposition to it. mittee. It makes a difference to have, tioned to the point that they were de- And how one can take a letter from the again, STEPHANIE TUBBS JONES’s voice nied. person that is nominated and say that on both of those committees and also So what we have here is a third bite that one letter rises above those hun- as a leader on both of those commit- at an apple that really deserves recon- dreds of thousands of people who have tees. sideration by the President. But since sent individuals to represent them here Also, in addition to the significant he did not choose to do so, I am com- in Washington gets beyond me. But, achievements in both legislation and mitted, like the other members of the again, we will continue to press the oversight, the Congressional Black Congressional Black Caucus, to make case. As you know, we are prepared to Caucus members have also continued our voices heard this week on the floor speak to the leadership before the issue to play a major role in so many issues. of the United States Senate with its is considered and do other things, be- The CBC has been long referred to as colleagues there to say that this is not cause this is too big an issue for us not the conscience of the Congress for our the America that we all want to be to give it our maximum effort. members’ steadfast refusal to turn our known for. Mrs. JONES of Ohio. I want to thank backs on injustice and for our commit- And so that issue, Mrs. TUBBS JONES, you, Chairman THOMPSON, for your ment to shining the spotlight of truth was thoroughly aired. I am dis- leadership not only in the State of Mis- on issues of injustice and racial preju- appointed that a letter from Judge sissippi but also here in the Congress. dice wherever they may arise. I am Southwick swayed one member of the Recently, I had a chance to be in proud to say that in the 110th Congress, Judiciary Committee to change their Greenville, Mississippi, with you with the Congressional Black Caucus has continued with this proud tradition. vote. You know, we can all write let- an elementary school friend of mine, When Don Imus, once again, crossed ters. But in the record, we have oppos- Jaribu Hill. I am just so happy to see the line and denigrated the women of ing views from the Magnolia Bar, the kind of leadership you are showing, the Rutgers women’s basketball team, which is the African American Bar As- and I thank you for joining me this members of the Congressional Black sociation in the State of Mississippi, evening for this Special Order. Caucus were there to call him out, to the Mississippi NAACP, a whole host of Mr. THOMPSON of Mississippi. document his long history of racially elected officials and others saying that Thank you very much. offensive remarks, and to help see to it this is not in the best interests going Mrs. JONES of Ohio. It gives me that sponsors understood that sup- forth with this nomination. great pleasure at this time to call upon So we believe that the record was my sister, my good friend, the gentle- porting such behavior is just bad busi- ness. complete and that a thorough airing of woman from California, and she hap- More recently, we were part of the what is before that Judiciary Com- pens to be from the State of the Sen- national call for justice for the six mittee would have basically provided ator who voted this, whose vote was de- young people from Jena, Louisiana, significant opposition to Judge South- termining in voting this nomination whose case represents an example of wick. But, you know, this is politics. out of the committee. But I will leave racially biased justice, or injustice, That letter changed the position of one for her the discussion on that issue. I that is too familiar for people of color member on the judiciary who did not give you the great gentlewoman from around this Nation. talk to anybody from Mississippi, did California, Congresswoman BARBARA Let me address another issue which not talk to anybody from California, LEE, who has been a leader on so many, my colleague, our chairman of the did not talk to anybody who had an in- many issues that I can’t even recount Homeland Security Subcommittee, Mr. terest diametrically opposed to the them all at this time. And I will yield THOMPSON, just mentioned. Tomorrow, person under consideration. They took her such time as she may consume. the Senate will hold a cloture vote on a letter, read it into the RECORD, and Ms. LEE. First, let me thank the the confirmation of Judge Leslie made a decision as to a person saying, gentlewoman from Ohio for her leader- Southwick to the Fifth Circuit Court I will do better now that I understand ship and for her kind words, but also of Appeals. In August, when the Senate that it is not proper to use the N word for her commitment to equal justice Judiciary Committee voted to send his or that it is not proper to deny African under the law. nomination on the floor, I joined with Americans positions on juries just be- As a former prosecutor, as a judge, my colleagues in the Congressional cause they happen to be black. your leadership and your clarity on Black Caucus in speaking out against Well, that is not enough in my book, these issues is deeply appreciated, and his nomination. I also expressed my nor the Congressional Black Caucus’s also for making sure that each week profound, and I mean my very pro- book, to warrant a person being ele- the Congressional Black Caucus has a found, disappointment as a Californian, vated to the Fifth Circuit Court of Ap- voice on all of the issues that we are first of all, and as an African American peals. Now, the reason I say that, to be addressing in our country. This and as a woman, that a Senator from honest with you, is that the majority evening, yes, I would like to talk very my home State, Senator FEINSTEIN, of the voting rights and civil rights briefly about the unfinished business of would vote with the Republicans to legislation that comes before the court America as it relates to equal justice bring the Southwick nomination to the generally comes from that circuit. So under the law. Senate floor. if you have someone who demonstrates Before I do that, let me just reflect Numerous concerns had been raised time and time again that they lack the for a minute on the contributions of about Judge Southwick’s commitment temperament, that they lack the judi- my colleagues in the Congressional to equal justice, which Congressman cial restraint to deal with cases relat- Black Caucus. Any reflection on Con- THOMPSON just enunciated. I have pro- ing to people of color, then that person gressional Black Caucus members’ ac- found concerns about the commitment should not be promoted to that posi- complishments in this Congress must to equal justice and dignity of anyone tion for which they are not made. So begin with the recognition of the in- who thinks that it is ever acceptable for that reason, I am happy to be here credible leadership role members of the for someone to refer to someone else on behalf of those Members who serve Congressional Black Caucus are play- using the N word. The idea of elevating the Fifth Circuit Court of Appeals in ing. In addition to our great Demo- a person to the Fifth Circuit Court of the United States House of Representa- cratic whip, Mr. CLYBURN, from South Appeals is, quite frankly, unacceptable. tives. Carolina, who is only the second Afri- The fact is that the Fifth Circuit has We have, as you know, gone on can American to hold this position, the highest percentage of minority record many times in writing opposing more than half of our caucus members, residents of any other circuit; yet all of the nomination. We reiterated that op- 22 in all, are now serving as Chairs of the nominees over the last 22 years position today in a letter when we committees and subcommittees. I have have been white. In fact, there is only found out that it would be considered to salute and acknowledge, again, one African American member of the sometime this week. So there is no Madam Chair of the Ethics Committee court, and he is only the second since question that people who represent in- tonight and her leadership, also, the the court was created in 1869.

VerDate Aug 31 2005 03:35 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K22OC7.100 H22OCPT1 hmoore on PRODPC68 with HMHOUSE October 22, 2007 CONGRESSIONAL RECORD — HOUSE H11827 The recent case in Jena, Louisiana, have Congressman XAVIER BECERRA, LARSON; and, of course, the distin- shows the racism in the criminal jus- Congresswoman LUCILLE ROYBAL-AL- guished gentleman who chairs the tice system within the jurisdiction of LARD, and Congresswoman GRACE DCCC, for his leadership. the Fifth Circuit. The case in Jena NAPOLITANO. We have Congresswoman When we speak of the Congressional makes it clear why we cannot afford to LORETTA SANCHEZ and Congresswoman Black Caucus, we really speak of them send anyone less than a civil rights LINDA S´ ANCHEZ. We have DENNIS in the framework of providing con- champion to serve on this court, let CARDOZA. We have a very, very strong, scious and pointed leadership in many alone someone with a record of hos- very active and very committed dele- areas. I must say that the distin- tility towards civil rights, someone gation from our Latino communities. guished gentlewoman from Ohio has al- ways reminded us that you can be a be- who thinks that it is ever acceptable b 2015 for someone to refer to someone else nevolent prosecutor. You can have the using the N word. We have come too far Mrs. JONES of Ohio. In fact, a sig- spirited forcefulness that is necessary from the days of Jim Crow to tolerate nificant number of the issues that the to ensure that people understand that the type of racist miscarriage of jus- African American community raises they must follow the law, and that if tice that we have seen in Jena and in around civil rights are some of the very you do the crime, you must do the the record of Judge Southwick. issues that the Hispanic community time. But, at the same time, you can If we are ever to overcome the legacy raises around civil rights issues as have a sense of fairness. I am so proud of racism in this Nation, we have a well. that she has brought her leadership to duty to our young people to see to it Ms. LEE. They are the exact same this place. I will quickly speak of some that the principle of equal justice is issues that our Hispanic community issues and then move to this question upheld. If we truly believe in our Na- raises. Also, the same issues that our of why this is such a crucial special tion’s principle of equality before the Asian Pacific American community hour. law, then we have to make sure that raises. In fact, to the extent that we Mr. Speaker, as I mentioned, the gen- everyone, regardless of race, is held decided several years ago to form what tlewoman from Ohio is not only a pros- equal before the law. So we are looking we called the Tri-Caucus, where I be- ecutor and former judge herself, but to our colleagues in the other body to lieve there are at least 73 votes that she likewise now brings that to bear on take a stand for civil rights, to take a really do count and make a difference several issues. I am going to speak very stand against racism, and to take a in this body, and so, yes, we are all on briefly about our members who engage stand for justice and to block the nom- the same page as it relates to equal in criminal justice and homeland secu- ination of Judge Leslie Southwick. justice under the law. rity, but she is now the chairperson of In so doing, we will take another step Mrs. JONES of Ohio. I thank you the Ethics Committee. What a wonder- in completing this unfinished business very much for your time and your at- ful balance, recognizing that we must in our country that so many people tention and your leadership around so self-regulate, but yet she is firm and fought and died for. So I want to thank many issues, Congresswoman Barbara fair. the gentlewoman from Ohio for once Lee. So, with the 17 cochairs that we have again stepping up to the plate, using Once again, I have an opportunity to who are members of the Congressional her voice and her leadership to call for invite another one of my wonderful col- Black Caucus, we are able to spread justice in our country and to help de- leagues to join me this evening for the out and have a visible impact, from feat the nomination of this individual, CBC Message Hour under the leader- Transportation, Homeland Security, Judge Southwick. ship of our Chair, Congresswoman Education, to a number of issues that Mrs. JONES of Ohio. Before you CAROLYN C. KILPATRICK. The next col- these subcommittee Chairs are engaged leave, Congresswoman LEE, how many league that I call upon is a former in, and working with JOHN CONYERS, African American members are there judge. She has been serving on the Ju- the chairman of Judiciary; the chair- in the California delegation? diciary Committee for the past 13 man of the Ways and Means, CHARLIE Ms. LEE. In the California delega- years. She has shown leadership around RANGEL; and the chairman of Home- tion, there are four African American so many issues. I want to compliment land Security. Members of Congress: Congresswoman you this evening, Congresswoman SHEI- But let me tell you why I think that MAXINE WATERS, Congresswoman LA JACKSON-LEE, on your presentation we are most relevant to be speaking of DIANE WATSON, Congresswoman LAURA and the work you did during the Judi- this, if you will, confirmation hearing RICHARDSON, and myself. ciary Committee hearing last week tomorrow, because members of the Mrs. JONES of Ohio. To your knowl- around the Jena Six. Unfortunately, I Congressional Black Caucus have edge, did Senator FEINSTEIN even both- couldn’t be at the hearing, but over the worked on issues. In fact, tomorrow, er to contact you, any of you, with re- weekend I watched the replay of the C– Madam Chairwoman, we will be hold- gard to this particular nomination and SPAN presentation. ing a hearing on selective prosecution, her vote? Mr. Speaker, I want to commend the held by Chairman CONYERS, because Ms. LEE. Well, I know we attempted, Chair, our good friend from Detroit, that is something that has plagued our on many occasions, to reach many Michigan (Mr. CONYERS), but I also judicial system. That is why I am Members of the Senate, including Sen- want to commend you on the work that going to lead into this circumstance ator FEINSTEIN. We were not able to you do in and around that area. I will with Judge Southwick. have a discussion at all about this yield you such time as you will con- Then, of course, there is legislation nomination, which was really unfortu- sume. that we filed, No More Tulias. That nate, because I believe that people in Ms. JACKSON-LEE of Texas. Mr. was a place where the prosecution re- California, all people in California, peo- Speaker, I thank the distinguished gen- lied on one police officer, a rogue cop, ple of conscience, people of color, peo- tlewoman from Ohio. I must say that by the way, and I love my law enforce- ple on both sides of the aisle do not she is representative of the talent and ment, I work very well with them, who, want to see a judge from the Fifth Cir- the commitment of members of the unfortunately, pointed the finger at 50 cuit confirmed with this record, as Congressional Black Caucus. African Americans or more, who were Judge Southwick. We are very dis- Let me say, Mr. Speaker, that we are ultimately prosecuted and went to jail appointed that we did not have the op- very proud of this Congress. We are because of one officer’s testimony, no portunity to have those conversations. proud of all of our colleagues. We may other witnesses. And this is the issue Mrs. JONES of Ohio. In addition to agree or disagree with our friends that we face, the politicizing of U.S. the four African American members of across the aisle, but we know that they Attorneys. JOHN CONYERS focused on it. the California delegation, how many bring to bear great talent. We are But my good friends Congresswoman Hispanic members of the delegation are proud of the Democratic Caucus, with STEPHANIE TUBBS JONES and DANNY there? our leadership, Speaker PELOSI; Major- DAVIS, and so many of us who were co- Ms. LEE. We have a very large His- ity Leader HOYER; Majority Whip Mr. sponsors, led on the Second Chance panic congressional delegation. I would CLYBURN; and, of course, our chairman, bill. So she balanced prosecution with believe there are probably, let’s see, we RAHM EMANUEL; Vice Chairman JOHN recognizing that people should have a

VerDate Aug 31 2005 04:20 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K22OC7.101 H22OCPT1 hmoore on PRODPC68 with HMHOUSE H11828 CONGRESSIONAL RECORD — HOUSE October 22, 2007 second chance. This came out of the ican coworker a good old ‘‘N,’’ he then those of us who go to the Fifth bowels, if you will, of the Congres- thought that that certainly was equiv- Circuit on redistricting cases, short of sional Black Caucus, the criminal jus- alent to calling somebody a teacher’s the law that already exists, can’t ex- tice system being fair. pet. pect any relief because why do you ‘‘N’’ Then, of course, she mentioned the But go back to the Jena Six. That is people need to have districts that you Jena Six. I want to just frame this not the same response the Department of are able to vote on someone from com- by the Congressional Black Caucus af- Justice under Bush gave us, that we munities of interest, in essence, or firming bad behavior. We have sons. We didn’t think it was important to chas- someone who is representative of your have daughters. We have children. We tise, to admonish, to prosecute three perspective or your view? That is what have children that go to schools, public young people who hung a noose, and we get with the affirmation of Judge schools. But the question that we just the noose epidemic is going around Southwick. can’t get over is how three young peo- America. So I am going to make a personal ple that hung nooses that triggered the So here you want to elevate someone plea to Senators who might have voted bad feelings then get a pass. Fine. to the Fifth Circuit who believes that in the committee and whoever wants to Someone administratively decided we the ‘‘N’’ word is equal to, that it is like take this plea to recognize the pain want these young people to stay in ‘‘teacher’s pet.’’ The Mississippi Su- that would be generated from the affir- school. That is their decision. But then preme Court, by the way, unanimously mation of Judge Southwick. It is un- you take young people of color and you reversed Southwick. tenable. For those of us who want to decide that they should be in the adult He has also rejected defense claims hold up this flag that I am looking at criminal justice system. that prosecutors struck African Amer- right now as representative of all of So the African American community ican jurors based on race. I know it America, the Stars and Stripes, that looked to the Congressional Black Cau- firsthand as a lawyer. We see it every we would allow him to be affirmed. cus to make a stand. I am delighted day in the Harris County courthouse Letting him stay where he is, fine. I that, with the leadership of Chair- when the prosecution in down-south welcome his continued service. But the woman CAROLYN KILPATRICK, we have Houston, Texas, repeatedly rejects Af- Fifth Circuit, the next court subject to worked with the lawyers, we have rican American jurors. So that is not appeal down from the Supreme Court, worked with civil rights activists to the temperament for being on the Fifth we cannot afford someone who would keep this before us. The good time Circuit, because we appeal those cases be so intolerable that they would dis- early release bill, because in the fed- to you. respect workers, disrespect those who eral system there is no parole. Mem- His expressed views also raised would be the victims of using the ‘‘N’’ bers of the Congressional Black Caucus doubts about his ability to rule fairly word, those who are gay and lesbian have focused on nonviolent criminals in cases involving the civil rights of who deserve the privileges of every cit- who have been in prison for a period of gays and lesbians. We have gotten past izen, and certainly does not respect the time getting considered for good time that in the United States Congress. In right of everyone to serve as a juror in early release. We have spent $100,000 a fact, we understand you have employee order for someone to be tried by a jury year, almost, for the 2.4 million people rights not to be discriminated against of their peers. that are in the federal system. in the workplace or anywhere in Amer- Congresswoman, I am more than ap- The SCHIP bill was led by convening ica. What will that do for us to be able palled that we would be here tonight to leadership of Majority Whip CLYBURN, to have a judge on the Fifth Circuit have to entreat, to encourage, to de- working with CHARLIE RANGEL. But we that has no understanding that we are mand, to cajole, if you will, to express stood fast to say: No backing down on diverse? outrage, that we have to defend our po- the SCHIP bill. Of course BENNIE Then, of course, one other point that sition for someone who is certainly THOMPSON, my chairperson, was able to I am going to make before I close, one both untenable and certainly seem- pass for the first time the 9/11 bill. of the most important privileges is the ingly without the temperament to That leads me to why we are here privilege of being in the workplace safe judge on behalf of the United States of talking about Judge Southwick, and a and secure without discrimination, and America. I ask my good friends in the personal story. I am a voting rights it has been proven that Judge South- Senate, I ask the other body to con- baby. This district that I represent, wick is not one that supports the sider the words of those of us who are represented first by Barbara Jordan rights of workers and the victims who here on behalf of the Congressional and then by Mickey Leland, would not suffer personal injury. Black Caucus and this conscience that have existed but for the 1965 Voting What it means is that you come be- America deserves. Rights Act that then provided the rep- fore his court, obviously on appeal, and I thank the distinguished gentle- resentation not at large, but by dis- whether it be a malpractice case or woman, and I hope these words are not trict. whether if be a huge personal injury in vain. Frankly, I hope that we will Many people don’t know that Bar- case, then he has not been warmly re- have a good day tomorrow so that we bara Jordan ran over and over again in ceived or well received, these cases. can make America a better place to Houston, Texas, and lost, because she So I would simply ask, when you talk live. had to run countywide, citywide. It was about judicial temperament, for those only when they carved out or were able of us who are heavily dependent on the b 2030 to get a senatorial district that con- equality and balance of the judiciary, I Another interesting thing, because centrated diverse people, that con- reminded my colleagues and others in the Supreme Court only takes cases centrated African Americans, that she the hearing last week that the Federal that they choose, and in the law we use was elevated to the State Senate. So Government is the ‘‘rainy day um- the term certiorari which means cer- the Fifth Circuit was the place of first brella.’’ That is why we were so frus- tification, that the Supreme Court cer- Federal response, beyond the district trated with Hurricane Katrina and the tifies it is an issue that they want to courts, to save us from the discrimina- response by this administration, be- take up, the Fifth Circuit Court and all tory practices that were going on in cause we looked to the Federal Govern- the circuit courts become like the Su- the South, and Texas is the South. ment as that last stopgap. preme Court for almost every other So when Judge Southwick has cava- So those of us in the South look to case that will never reach the Supreme lierly used the ‘‘N’’ word, and, by the the Federal Government, whether it Court, and that is what makes a nomi- way, the NAACP buried that word, and was John F. Kennedy calling down nation to the circuit court even that most of us know it is an offensive word, when Martin Luther King was in jail or much more important. despite the first amendment, then I Eisenhower sent the troops into Little Ms. JACKSON-LEE of Texas. The can’t imagine that the Senate tomor- Rock, we look to the Federal Govern- gentlewoman has made an excellent row is even going to think about af- ment. All of us do. point, and let me emphasize the word firming this individual. Because he So you are going to put on the bench ‘‘supreme.’’ It is the top Court, nine ruled that a white employee who had someone who is predisposed that the justices. They selectively select cases been fired for calling an African Amer- ‘‘N’’ word is just a ‘‘funny word,’’ and they will review. There are 11 circuits.

VerDate Aug 31 2005 03:35 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K22OC7.102 H22OCPT1 hmoore on PRODPC68 with HMHOUSE October 22, 2007 CONGRESSIONAL RECORD — HOUSE H11829 The circuits obviously are more plenti- tions are handled. We don’t want to go look at his background and experience ful than the Supreme Court. And some- back to the way they were handled and make that decision. times that circuit court, in this in- under the Republican leadership. So I am pleased, as I said, having stance the Fifth Circuit Court, will The Congressional Black Caucus and been a judge, and it is a difficult job often be the court of last resort for the civil rights groups warned the Sen- being a judge. You have to have the many. ate about Roberts and Alito, yet they right temperament. You have to give Also, before the court was split be- were both confirmed. The first full Su- people the opportunity to present their tween the fifth and the 11th, the Fifth preme Court term of the Roberts court evidence, and you make decisions and Circuit Court was the bountiful court showed that we are able to predict how rulings on evidence and admissibility of all civil rights cases. It covered at judges will act or respond on civil and whether it is probative, whether it that time from Mississippi to Alabama, rights cases once confirmed. can be prejudicial. And if it is preju- to both Carolinas, Georgia, down To confirm a lower court judge in the dicial, is it outweighed by the pro- through Louisiana and back over to face of a bad record on civil rights will bative value. And be familiar with the Texas. We were all under the Fifth Cir- simply be too much to bear. Let me rules of evidence such that when you cuit. It might have even included Ar- step aside for a moment, and I heard sit in the chair as the judge making a kansas; I am not sure of that. my colleague Ms. SHEILA JACKSON-LEE decision, and the reason, and it is sym- But all of the civil rights cases, all of talk about there being a white judge bolic, under the law, the reason judges these cases that ultimately were pur- and an all-white jury and a white pros- wear robes, the robe is supposed to sued, some of the cases, some of the old ecutor. I served as a judge for 10 years cover the human frailty of a judge and murder cases that were not taken up in the Common Pleas Court, a general allow the judge to step up and be fair by the State systems ultimately went jurisdiction court, in Cuyahoga Coun- and set aside any of their background to the district courts and then might ty, Ohio. I served for 3 years as an as- or experience that would be adverse. have made their way to the circuit sistant county prosecutor and 8 years So we are concerned about this judge, court. as an elected prosecutor. I have been in Judge Leslie Southwick, and we im- This court is a court of first impres- courtrooms where there have been all- plore the U.S. Senate to not confirm sion on many civil rights cases. When I white juries, and I will not say that an his nomination. say that, making the cases end at the all-white jury cannot be fair. But what I am going to close on a few of the Fifth Circuit on many of them. In the the law says is you should have a jury accomplishments that the Congres- old days, might I say, the Fifth Circuit of your peers. And the law also says sional Black Caucus has been involved of LBJ and Carter, those judges under- that people should not be excluded with over the first 9 months. We are stood the pain of civil rights cases. from a jury just because of their race. pleased to have an opportunity to be in They understood the redistricting I have seen an attempt for that to hap- the leadership role. We fought for min- cases and they understood the Voting pen in other cases. imum wage. Nearly 13 million people Rights Act. They understood that they It is so very, very important that if will enjoy the benefit of an increase in were not making law. They understood we expect people to follow the law and the minimum wage. affirmative action cases. be a part of the law and be a part of the We fought for stem cell research You’re right, these circuit courts judicial system, that they have a belief which provides Federal funding for re- now become courts that are the last that the judicial system will be fair. search that has the potential to treat refuge for many petitioners and liti- Once you have that perception and be- sickle cell anemia, diabetes, paralysis, gants. lief, then you can succumb to the rule Alzheimer’s and Parkinson’s. And And on the jury selection case if you of law. In this country, so often we see many of these diseases are prevalent in were to take it up on appeal, this atti- instances where young men and women the African American community, and tude that African American jurors can have come before the court and they we have been fighting for them. be stricken and it is not a race ques- have not had fairness, and that is when We fought about student loans. I tion would be devastating. Might I say, it is important to have a circuit court heard on the news today that George the Jena Six case was a white judge, where you can appeal your decision in Washington University will be the first was a white prosecutor and an all- a trial level court to the circuit court university to publish that their tuition white jury for Michael Bell. And as I for relief. and room and board is $55,000, and that understand it, let me say this on the The fight in the Fifth Circuit is a the largest increase in tuition is actu- floor so I can correct it if I am wrong, fight worth having. It has the highest ally going to be in public universities, they said that they noticed African percentage of minority residents, black not private universities. And we all American jurors. The African Amer- and brown, of any circuit. At the same know that most working-class folks ican jurors said they didn’t get the no- time, the civil rights jurisprudence is send their children to public univer- tice, and some who came got there too far to the right. We have already sities, so we are happy to be in the late and so the jury pool was not di- talked about the Jena Six. forefront of fighting for student loans. verse. If something had occurred that There is a history with this seat. We have also been pushing for dis- ultimately would be taken up on ap- President Bush is intent on placing advantaged businesses, disaster eligi- peal to a Federal court, look who we someone who has a history adverse to bility in light of what happened with would have to assess the case, Judge civil rights in Mississippi sit on this Hurricane Katrina. We fought for the Southwick. court. Charles Pickering and Michael Katrina Housing Tax Relief Act of 2007. Mrs. JONES of Ohio. I thank Ms. Wallace were nominated, but couldn’t We fought for United States Troop JACKSON-LEE for her leadership on get confirmed because of their civil Readiness, Veterans Health and Iraq these issues and for joining me during rights records. This is the third try by Accountability Act because we under- the Congressional Black Caucus hour. the administration, and the pattern is stand that there are young men and Let me talk about Judge Southwick very clear. We believe that the Presi- women of all colors fighting over in for just a few minutes, and then I dent, if he was really paying attention Iraq and Afghanistan. It is very, very would like to review some of the to the people of America, what he important that they have the ability to progress that has been made under the would in fact do is withdraw this nomi- have the kind of health care they need leadership of our Chair, Ms. KIL- nation and go on and allow us to have and that this government be held ac- PATRICK, in the 110th Congress. someone who would be fair and honest. countable for their conduct. As we were talking about Judge We may not win this battle on a We have fought for the Gulf Coast Southwick, you have to understand sound bite or our debate on the floor of Hurricane Housing Recovery Act be- this will be the first controversial judi- the House of Representatives, but we cause so many people were left out as cial nomination considered by the Sen- believe that the Senate, we believe a result of Hurricane Katrina and Hur- ate since Democrats took the majority. that this Senate under the majority, ricane Rita. It has been 10 months since the Senate Democratic majority, is going to step We fought for accountability in con- changed hands, and the people expect a up to the plate and make the right de- tracting because all of us have learned difference in the way judicial nomina- cision. We expect that they will take a that many of the dollars that have

VerDate Aug 31 2005 03:35 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K22OC7.104 H22OCPT1 hmoore on PRODPC68 with HMHOUSE H11830 CONGRESSIONAL RECORD — HOUSE October 22, 2007 been squandered over these past few talk radio or talk TV, that somehow the words of Al Franken or Alan years under this administration have there aren’t government censors down Colmes or someone. come as a result of contractors not the street at the FCC trying to silence None of those hosts would be at the being held accountable. those who are having these discussions level they are today if the fairness doc- We fought for the Hate Crimes Act about today’s most vibrant issues. trine were still in place. So why am I which provides legal protection for It really goes to the heart of our de- down here talking about the fairness churches, synagogues, and mosques mocracy, I believe, to have an informed doctrine, a regulation that was re- against hate crimes. democracy which comes about because pealed in 1987, 20 years ago? What’s the We fought for the Farm Nutrition we have a vigorous discussion, intellec- issue? and Bioenergy Act addressing the tual discussion, a vibrant discussion Well, the issue is this, that there are issues around that. about the issues of our day. Certainly, Members of this body and the one We stood up on behalf of the Chil- whether you are a conservative Mem- across the Capitol, there are the power- dren’s Health Insurance and Medicare ber of the House or a liberal Member of ful elite in this city who don’t like Protection Act, CHAMP. It was de- the House or somewhere in between, we what happens on talk radio, makes feated in the Senate, and so it really all debate these issues here; and some their lives uncomfortable, gives them didn’t get anywhere; and that brought of what we say here actually ends up great discomfort. The most recent ex- us back to SCHIP, which recently was on the airwaves of our broadcast radio ample of which was when the Senate vetoed by the President. and television stations. That is a was debating the immigration legisla- We want everyone to know that healthy thing for our country, for our tion and moving quite rapidly forward Democrats are going to continue to democracy and for an informed elec- on that flawed legislation, and talk fight to be assured that 10 million chil- torate. radio got a hold of it on the conserv- dren in the United States of America In 1949, the Federal Communications ative side or on the liberal side and have health care coverage. Commission promulgated a regulation began to go into it in detail with the We fought on behalf of the Darfur Ac- that said every time you have a discus- audiences they reached, the millions countability and Divestment Act, and sion about a controversial issue, you and millions of average Americans out the list goes on. I am so proud to be in have to have an opposite viewpoint pre- there who are listening to talk radio. the U.S. Congress. I often tell people sented on the public airwaves. On its The more they educated the public, the the story that my father was a skycap face, that certainly sounds fair, and more they debated and engaged their for 38 years for United Airlines and my that is why they called it the fairness audiences in this debate, the more mother was a factory worker. And for doctrine and the whole premise was in pressure got turned up on this issue. them to have the opportunity in a gen- 1949 that there weren’t many radio sta- It’s just one example. You know, the eration to see their daughter serve as a tions. I think there were 2,800, and this issue ended up being defeated in the judge, a prosecutor, and then have an was all designed to try and spur com- Senate, and some of them who are on opportunity and the ability to be in the munication, to spur this debate on the the other side said talk radio is to U.S. Congress is just something won- airwaves, to have opposing viewpoints blame and we need to do something derful. come forward. This was the govern- about talk radio, that’s not fair, we I always tell people if I am judged, ment’s viewpoint. This is what the need to bring back the fairness doc- and we always talk about honor thy fa- Federal Government said this is how trine. That’s why I’m here tonight and ther and thy mother, that if I am we will get this discussion going on the why the Republican leadership has judged on honoring thy father and thy public airwaves. There aren’t too many asked me to speak on this issue, be- mother, I am probably going to get to radio stations and very few television cause there is a very real threat at heaven. Now some of the other conduct stations, no Internet, no iPods. That very high levels in the government, the I’ve engaged in may keep me out of was it. Congress, that is, to bring back the heaven, but I want to say I am pleased fairness doctrine, which would be one b 2045 and proud to be the daughter of Andrew of the worst things I think could hap- and Mary Tubbs and to represent the So they said, well, pass this regula- pen. Congressional Black Caucus and rep- tion that will cause all this great dis- Now, why did they ask me? Well, I resent the country in the U.S. Con- cussion to occur. Well, guess what? serve on the Energy and Commerce gress. That was 1949. Talk radio really didn’t Committee and the Telecommuni- Lastly, I will say, the first time I had come about until about 1988 when, cations Subcommittee, but that’s not the opportunity to sit in that chair after a series of court decisions found why. They asked me because I grew up where you are, Mr. Speaker, I looked that the so-called fairness doctrine in a radio family. My father started in up to my mom and dad and said: ‘‘Mom really wasn’t fair at all but, moreover, radio in the 1930s in rural Oregon, and Dad, look at me now, I am in didn’t spur the kind of debate on the helped put stations on the air. He was charge of Congress and I’m swinging public airwaves, and in fact, the courts an engineer and an announcer and a the gavel.’’ have held, and I’ll get into this in de- sportscaster and eventually, in 1967, Mr. Speaker, I thank you on behalf of tail in a few minutes, but this Federal was able to scrape together with a the Congressional Black Caucus. regulation actually had a very chilling partner enough money to buy his first f effect on free speech, very chilling ef- radio station and added another one he fect, actually discouraged discussion of put on the air in 1978. And in 1986, my FREEDOM OF EXPRESSION public policy issues on the airwaves. wife and I bought them from my par- The SPEAKER pro tempore. Under That’s right, discouraged discussion of ents and added three more. So I’ve been the Speaker’s announced policy of Jan- public policy on the airwaves, had a a small market broadcaster for 211⁄2 uary 18, 2007, the gentleman from Or- chilling effect, chilling effect on free years, and so I’ve seen this evolution of egon (Mr. WALDEN) is recognized for 60 speech in America. And as a result, the pre-fairness doctrine, post-fairness doc- minutes as the designee of the minor- Federal Communications Commission trine. ity leader. in 1987, I believe it was, decided to re- Indeed, one of our radio stations car- Mr. WALDEN of Oregon. Mr. Speak- peal the so-called fairness doctrine. ries Rush Limbaugh and Sean Hannity er, my greetings to my colleagues, es- What happened after that? Well, and Michael Reagan and others on the pecially my friend from Ohio and her what happened after that was all of the conservative side, and there’s great au- remarks. I look forward tonight to sudden talk radio came to life in Amer- dience response. There are other radio talking about another civil right, and ica. Now you may like certain hosts stations, Portland and around, that that is freedom of expression, guaran- and you may despise certain hosts. You have great audience response from Air teeing that we have the ability to have may be a conservative Member of this America and the liberal viewpoints, freedom of expression of even con- House and think everything Rush and that’s fine. That’s what America’s troversial political and religious topics Limbaugh says is gospel and the same about is this debate of free speech. on America’s airwaves. That’s right, to thing with Sean Hannity. You may be I think that even liberals and con- make sure when issues are debated on a liberal Member of this House and like servatives should be able to agree that

VerDate Aug 31 2005 03:35 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K22OC7.105 H22OCPT1 hmoore on PRODPC68 with HMHOUSE October 22, 2007 CONGRESSIONAL RECORD — HOUSE H11831 having somebody down at the Federal lieve in the fairness doctrine, why are publicans, but this doesn’t have to be a Communications put in regulation the we worried? Because the next adminis- partisan issue at all because I think all so-called chilling fairness doctrine tration will appoint new commis- of us in this Chamber are for free would be the worst thing that could sioners to the Federal Communications speech and public debate, our only al- happen to a debate about public policy Commission, and that next administra- ternative left is something arcane in America, the worst thing. tion could appoint commissioners who known as a discharge petition. You all So recently, knowing that this was could write a rule to restore this gov- know that. gurgling up in our Nation’s capital, I ernment censorship into their rules. My colleagues know what a discharge wrote to the chairman of the Federal Now you say, but you’ve said, Con- petition is, but for those who may be Communications Commission, and I’ll gressman WALDEN, that this is chilling new here and don’t know, it’s simply a put this letter in the official CONGRES- and the courts have said this chills free petition you sign right over here at the SIONAL RECORD, but let me read you speech. Yes, but they’ve never over- front desk. And if a majority of the some excerpts, because I asked the turned it, and if it were put in rule, it House, 218 Members, sign that petition, thoughts of the chairman, Kevin Mar- would have a gagging effect on talk we’ll get an open rule on the floor. tin, about the appropriateness of the radio and talk television, including re- We’ll debate this issue in full and open fairness doctrine, and he writes back: ligious broadcasters by the way, imme- and public display of our colleagues ‘‘As you are undoubtedly aware, the diately, I believe. and citizens of this great country fairness doctrine obliged broadcasters And so while it might take years to about freedom of speech. to provide an opportunity for the pres- work its way through the court sys- And I predict we’d pass H.R. 2905 in a entation of contrasting viewpoints on tem, it was chilling effect on free landslide, because the last time we those controversial issues of public im- speech in America, a guarantee of the voted on this issue was to deny funding portance that they covered,’’ and he first amendment of our Constitution. to the Commission to reinstitute the goes on to cite some court cases. That effect would be immediate and fairness regulation and the censorship ‘‘In 1987, based on its 1985 Report on devastating. regulation, and more than 300 of the 435 the fairness doctrine . . . and an exten- And so here on my left, well, here’s Members of this great House voted sive subsequent administrative record, Rush Limbaugh and Al Franken, with us, my colleague MIKE PENCE and the Commission concluded that en- Hannity and Colmes, duct tape over with me, to prevent any funding being forcement of the fairness doctrine was their mouth. That was a nice little spent by the FCC. not in the public interest and thus de- Photoshop thing we did, but the point So we know from that vote there are cided to abandon it. is clear. Restoration of this govern- more than 300 of you here in the House ‘‘Among other things, the Commis- ment regulation would silence them, who would support what we believe in, sion found that the doctrine ‘chilled but it’s more than just them. that you, too, support free speech over speech’ by ‘providing broadcasters with It’s here starting on the far right America’s airwaves, that you support a powerful incentive not to air con- over here. Lars Larson from KXL in it. troversial programming above a mini- Portland, has a national talk show as So, it’s simple. We just need 218 of 435 mal amount’ in order to avoid burden- well. Garth and Rosemary Harrington to sign the discharge petition. Just some litigation over whether it had out of KCMX in Medford, Oregon, or sign the petition. If you’re for free complied with its obligation to provide Bill Myers out of KMED, local in my speech over the public’s airwaves, sign contrasting viewpoints . . . Based on district talk show hosts, in my State the petition. If you’re for gagging peo- its examination of the record, the Com- and national talk show hosts. People ple on the left, the right, the middle, mission concluded the fairness doctrine that we listen to, don’t always agree religious broadcasters, then don’t sign had created ‘a climate of timidity and with. You can always turn the dial and the petition. If you’re for free speech, fear, which deterred the coverage of find a different topic on a different sta- you sign the petition. controversial issue programming.’ ... Now, I want to share with you some tion. People we listen to. The threat’s Indeed, the record’’ compiled ‘‘by the correspondence I’ve gotten back since real. Commission at the time included over So what are we doing about this we’ve started down this path and, the 60 reported instances in which the fair- station vice president/general manager threat? Well, Congressman MIKE ness doctrine had inhibited broad- of the CBS affiliate in Portland, Or- PENCE, my colleague and former TV casters’ coverage of controversial journalist from Indiana, and I have co- egon, KINK and KLTH, wrote back to issues.’’ sponsored H.R. 2905. That’s the Broad- me, said: Sixty instances where the fairness ‘‘Greetings from Portland! doctrine had inhibited the coverage of caster Freedom Act, and the Broad- ‘‘Thank you for your efforts in oppos- controversial issues. caster Freedom Act, we tried to get ing the re-introduction of the fairness Now, you say why would that be? All hearings on, and the new majority doctrine. I appreciate getting copied on they’ve got to get is somebody with an doesn’t want to give us a hearing on your inquiry to the FCC Chairman opposing viewpoint to come on. Well, the bill. At least they haven’t. It just Kevin Martin regarding his views on what happens is if you air a controver- says it takes an act of Congress, FCC, the subject. sial issue, which opposing viewpoint do to restore the fairness doctrine. You ‘‘The fairness doctrine is a classic ex- you have to give access to the airwaves can’t just go do it on your own. You ample of an initiative that yields the to? And there are a multiplicity of can’t be five commissioners down the opposite effect to its intended objec- groups out there who demand that ac- street who want to put the fairness tive. A less-regulated forum for cess, and if they didn’t get it, they doctrine back in rule and silence talk thoughts and ideas remains the best would threaten the very license of the radio. No, you can’t do it that way. In guardian for the well-being of our de- broadcast station. They’d threaten fact, we’re not going to let you. Let’s mocracy. them at the FCC, the Federal Commu- have the people’s elected representa- ‘‘With warm regards, nications Commission. tives be the ones to make that deci- ‘‘Stan Mak,’’ If you go back, there are examples in sion. ‘‘VP/GM, KINK & KLTH.’’ the 1960s of the Nixon White House and It doesn’t sound so bad. It’s a rule A less-regulated forum for thoughts the Kennedy White House using the that’s repealed today, not on the and ideas remains the best guardian for fairness doctrine to try to intimidate books. This commission says they have the well-being of our democracy. and silence their critics. Nixon, Ken- no interest in putting it in, or oppo- Some other e-mails that we’ve got- nedy, misusing the fairness doctrine. nents of this effort even say, well, what ten: Thank you for fighting to rid the It’s wrong. It’s chilling. It was intimi- are you worried about? My question is, U.S.A. of the fairness doctrine, which dating. These are the words of the cur- if there’s nothing to worry about, what to me is nothing less than an attack on rent chairman of the Federal Commu- are you worried about bringing this up our freedom of speech. This insidious nications Commission. I will put his for a vote? We ought to do it. Can’t do attack must be stopped. Please keep letter back to me in the RECORD. it. fighting, and don’t let up until it’s for- So, if the current chairman and the So the only alternative left to my ever gone. Thank you. Mr. Graham makeup of this commission doesn’t be- colleague MIKE PENCE and I, both Re- Salisbury of Portland, Oregon.

VerDate Aug 31 2005 04:20 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K22OC7.106 H22OCPT1 hmoore on PRODPC68 with HMHOUSE H11832 CONGRESSIONAL RECORD — HOUSE October 22, 2007 Dear Congressman WALDEN, I was that we debate here somebody might journalist at the University of Oregon, heartened to learn of your effort to not say is arguably controversial? did a little bit of reporting in my back- force a vote on the BFA, possibly The penalties that could emanate if ground, without that, without sources spurred by the current Limbaugh this were put back in place included that you can protect, we would not smear, because I find the fairness doc- government sanction, administrative have the balance that we need in an in- trine to be truly frightening. Mr. Dylan and legal expenses, or even revocation formed democracy. Greenhoe of Portland. of broadcast licenses, clearly under- Let me talk a little bit about the Su- Mr. Robert Barrie of Grants Pass, Or- scoring the need to pass H.R. 2905, the preme Court cases related to the fair- egon, writes: I have just received your Broadcaster Freedom Act. There is one ness doctrine. Again, remember, sign e-mail newsletter and I would like to bill number or one term you need to the petition, help us bring H.R. 2905 to tell you that you have my full backing leave here tonight remembering, it’s the floor and prevent these things from on H.R. 2905. I must share your frustra- pass H.R. 2905, the Broadcaster Free- happening. tion that certain Members of Congress dom Act, unless you are for gagging But in 1969, we saw the first Supreme could be blatantly blind to the fact those talk show hosts, like Bill Myers, Court test of the fairness doctrine in that the grassroot American public was who has spoken up aggressively about Red Lion Broadcasting v. The FCC. Al- able to see through the faulty Senate- protecting American sovereignty, get- though the court ruled then, remem- proposed immigration bill, primarily ting control of our borders, making ber, this was 1969, that the fairness doc- due to the freedom of talk radio. If it sure that our taxpayer dollars are trine didn’t violate a broadcaster’s first amendment rights, it did caution had not been for American talk radio, spent helping Americans, and those that if the doctrine ever began to re- most of us would not have had the who are here legally, not the other way strain speech, then the constitu- slightest idea what was really in this around, Garth and Rosemary Har- tionality of the regulation should be legislation. rington, who are always talking about freedom in America and supporting our reconsidered. We must do everything in our power In 1974, the U.S. Supreme Court con- troops and standing up for our natural to see that the fairness doctrine is cluded that the fairness doctrine ines- resource-based economy. Of course, never brought back to American radio capably dampens the vigor and limits airwaves. Please keep me posted on Lars Larson who has been out there as the variety of public debate. That was this very important bill. well on all of these issues. in the Miami Herald Publishing Com- There are those in this Congress, and Mr. Robert Barrie, Grants Pass, Or- pany v. Torino lawsuit. Twenty-three in this city, who seeks to put duct tape egon. years ago, 1984, the year Ronald over their mouths, as we have done Sign the petition. Sign the petition. Reagan was reelected, in FCC v. photographically here for display pur- Bring H.R. 2905 to the floor and keep League of Women Voters, the Court poses only. That is what they want to America’s airwaves open to debate on went further and concluded that the the right, the left, the religious center. do. They want to gag them. They want fairness doctrine was limiting the to shut them down because they don’t b 2100 breadth of debate. This ruling set the like what they are saying, because Can you imagine if you are a reli- stage then in 1999 for the Federal Com- they say things that aren’t on the munications Commission to repeal the gious broadcaster and the regulators script. down the street put this gag back in fairness doctrine. Now I know, I don’t always agree So the Supreme Court of the United place, and you are preaching a Chris- with all these folks. I mean, who does? States, over many, many years, almost tian message, let’s say, do you have to Sometimes they engage in a little 15 years, the Supreme Court provided bring on an atheist then to preach the over-the-top discussion. I think, frank- all of us in the Congress good enough opposite? Is that the kind of fairness ly, they are trying to get people to reason in underpinnings to get rid of some regulator here in Washington think. They are trying to jab them a the fairness doctrine to make sure it might demand in order for your station little bit, get them outside of the box never comes back. The commission got to get relicensed? I don’t know. Clear- and look at issues differently. the message, 1987, said, we are going to ly, though, in this day and this liti- If people didn’t like what they heard, repeal it. gious society that we are living in, these people would be off the air be- But, you know, our memories some- there are plenty of organized and cer- cause, especially in commercial broad- times in this body are a little short, tainly well-funded organizations out casting, it is all about ratings. Ratings and some people get a little tired of there who would love to silence their are all about who is listening. Nobody what they hear and the criticism they critics on either side. is listening, nobody is buying adver- take, and, believe me, we all get it, but This isn’t about whether you are a tising. They are packing up their silencing our critics is fundamentally, Republican or a Democrat. This isn’t microphones and their headphones, and and I will be careful how I use this about whether you are liberal in your they are headed out the back door. No, word, but silencing our critics is un- viewpoints or conservative in your see, people are listening. They like to American. Free speech is American. viewpoints. This cuts to the very foun- be challenged. You may not listen all This is un-American to say we are dation of free speech, which, obviously, the time, every day, every show. You going to gag people because we don’t underlies our entire country and our may disagree, as I do, from time to like what they say. foundation for democracy. Without free time, with all these folks. But we I don’t think any of us here stand for speech, you do not have an informed should never disagree on the fact that that. I really don’t. I honestly believe democracy. Without that, you know, we are better served with free speech in we want vigorous, open debate of we don’t have much of anything; we America. issues, and we are better off for it. How don’t have much of anything. You know, Congressman PENCE and I many times do the Members of both So when you look at these issues, ac- last week, along with Congressman sides of the aisle complain when legis- cording to the FCC itself, the coverage BOUCHER and a whole host of folks, lation is rushed to the floor without a of this old fairness doctrine was you Congressman BOUCHER and Congress- hearing, without the benefit of Mem- had to have these issues covered, con- man PENCE really led the effort, passed bers who bring various expertise, have troversial issues covered to be fair. Ac- legislation overwhelmingly in this them weigh in with amendments? We cording to the FCC itself, this meant House to protect journalists from gov- are seeing this rash, unprecedented that each time a broadcaster presented ernment intervention and trying to fig- rash of closed rules, no amendments, an arguably controversial issue of pub- ure out who their sources are. no hearings on major legislation be- lic importance, they ran the risk of a Government always wants to kind of cause some powerful folks say we just complaint being filed, potentially re- get in there and shut down people they want to get this done. We know what’s sulting in litigation and penalties. don’t want to hear from. They want to right. We don’t need your help. We I want you, my colleagues, to tell me hide things sometimes when there are don’t want to listen to your critics; we in today’s environment how you would mistakes made. Nobody wants to be don’t want to listen to your com- define arguably controversial issues of embarrassed; but without an active and plaints. We are just going to do it, and public importance. Is there anything vibrant press, and I was trained as a get over it.

VerDate Aug 31 2005 03:35 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K22OC7.107 H22OCPT1 hmoore on PRODPC68 with HMHOUSE October 22, 2007 CONGRESSIONAL RECORD — HOUSE H11833 Well, some of those same people may in this country, for not only free for trying to get more information out be the ones who say we don’t like this speech, but also the ability to speak of it. That’s right, a closed rule says talk radio thing; we don’t like the fact fairly and freely about the things that the committee, the Rules Com- they are bringing up different view which we hold dear, not only in our mittee, would make a determination points; we don’t like the fact that Rush hearts and in our minds, but also in about what would be made, what we Limbaugh or Sean Hannity or Alan this country and in America. call in order, which means what would Colmes, Garth and Rosemary, Bill The gentleman from Oregon has al- be debatable and anything outside of Myers or Lars Larson are talking ready outlined previously that what that order, even if you had a good idea about issues that, gosh, if people only happened is that prior to about 1987 we sitting on the floor of the House of knew the details of it would make our did have something that was called the Representatives, you could not engage jobs uncomfortable. Well, tough, this is fairness doctrine. The fairness doctrine in the debate. You could not put an a democracy, and the voters decide essentially says this, that if you are on amendment forward. whether they like what we do or not. talk radio in this country that you Mr. WALDEN of Oregon. I am a little But if they are not informed, how do would have to give the same time, the troubled by that because I thought they know what we do here? How do fair time, equal time to an opponent, that the Speaker of the House, when they know? How do they know that we someone who had an opinion different she took over, announced that the couldn’t get a hearing on H.R. 2905? than your own. House would be run differently and How do they know? As a result of the fairness doctrine, that there wouldn’t be closed rules. Well, I will tell you how they know, which I believe and others believe, and b 2115 and how they know, how Americans perhaps the Supreme Court believes, know that this is an issue is because of would be illegal, what has happened is Mr. SESSIONS. In fact, reclaiming talk radio, because we have told them. that talk radio and the ability for the my time, the gentleman would be cor- Some of us said, help us protect free American people to speak freely, open- rect. Mrs. PELOSI has stated, it is on speech on America’s airwaves. Here we ly, without fear that what they are her Web site tonight, has been, that are today talking about a regulation saying would be, they would be taken this new Democrat majority would be overturned 20 years ago, one that we to task for. What has happened is that the most open, honest majority in the don’t ever want to come back, one that talk radio has flourished all around the history of Congress, and yet, they lead the Bush administration doesn’t want country. Talk radio has flourished not already a new record in terms of closed to come back, one that the FCC says only about thoughts and ideas, but rules we have no interest in bringing back. about the greatness of this country. Mr. WALDEN of Oregon. Which But we know there are those with a I do believe that what the gentleman means shutting down debate, shutting change of control, the administration, is talking about is the right thing to down amendments, limiting all of us. in just, you know, a couple of months, do. That is why I signed on as a cospon- Mr. SESSIONS. Shutting down de- might put in place people who want to sor of H.R. 2905. bate and amendments and making bring it back. The gentleman from Oregon also those in order. And so it’s interesting I am here tonight to say to my col- talked rather freely and openly about that what has tried to be done here, leagues, and I know Dr. BURGESS, who my service and the service of three of with the fairness doctrine is actually, is going to speak after me, I believe, my other colleagues who are Repub- in this Member’s opinion, a silencing. has already signed the discharge peti- licans on the Rules Committee. The The fairness doctrine would silence tion, as have nearly 140 of my col- Rules Committee is that body that is talk radio, would put those that might leagues, or perhaps more by the end of interested in making sure that the de- be like Sean Hannity or might be like tonight, we just need 218, 218 people to bate that comes to the floor of the Rush Limbaugh or back home in Dal- sign the petition to prevent talk radio House of Representatives has a chance, las, Texas, Mark Davis of a local radio and talk TV and religious broadcasters first of all, to be heard and all thoughts station that we have in Dallas, it from being gagged in what they do. We and ideas are debated. would mean that they would be re- just need 218. We have rather openly, and the gen- quired, if they’re going to talk about a I am joined by my friend and col- tleman from Oregon knows this, who- subject, that they would be required to league from Dallas, Texas, the Honor- ever is in the majority, whoever is in have an opposing side to come and able PETE SESSIONS, who has signed the the majority has a very difficult time speak about that also. And I think that petition so that we can bring H.R. 2905 as a result of the rules of the House puts a chilling effect not only on free to the floor. with germaneness of amendments and speech, one which I think is unconsti- I know Congressman SESSIONS, who the things which we do of trying to tutional, but perhaps, more impor- serves on the Rules Committee, has have a balance about hearing good tantly, it is an intrusion upon the free been very frustrated with the lack of thoughts and ideas, making in order thought processes of America and free speech coming to this floor amendments, without killing the gen- Americans. through legislation, because he is up eral intent of what legislation is for. I And so tonight, what the gentleman there trying to fight for the rights of think that that is part of what this is doing is correctly saying that we, in the minority to be able to have their fairness doctrine might be about from this body, the House of Representa- views heard in this House and to be their perspective and where we dis- tives, believe that signing on to H.R. able to have their amendments debated agree with the fairness doctrine, but 2905 says that we’re not going to go and in this House. I know he doesn’t sup- being able to openly talk about things. step backwards in this country. We port silencing talk radio and talk TV The fact of the matter is that the want free speech to continue and to as restoration of the fairness doctrine Rules Committee yesterday, or today, flourish, and for talk radio and thought would do, but rather thinks like I do heard a discussion, and I think it was processes to be alive and well. that we ought to pass H.R. 2905 and last week that the Democratic Party Now, I know, and I assume the gen- protect the first amendment rights of has a new record of closed rules, today tleman from Oregon knows this too, those on the public’s airwaves. a new record on closed rules to where that what’s happened, what would hap- Perhaps my colleague from Texas they don’t want any debate. pen as a result of this, or what is hap- would like to make a comment. Mr. WALDEN of Oregon. I think pening as a result of this is that Mrs. Mr. SESSIONS. I thank you for not there may be some newer Members PELOSI and others recognize that talk only taking time, the gentleman from here who don’t understand the signifi- radio talks about the Democratic agen- Oregon (Mr. WALDEN) for taking time cance of what a closed rule means. da, the Democratic Party’s agenda, to lead in this Congress the debate and What that means is no Member of the raising taxes, more rules and regula- the discussion on not only the fairness House has an opportunity to have an tions, more rules and regulations to doctrine, which we oppose in this amendment heard on that issue, right? where, on a regular basis, I feel com- United States House of Representa- Mr. SESSIONS. I thank the gen- pelled to tell the truth about the Rules tives, perhaps, more importantly, a vi- tleman, my friend from Oregon, the Committee, that the Rules Committee sion about what we are trying to have distinguished gentleman from Oregon seems to be a wholly owned subsidiary

VerDate Aug 31 2005 03:35 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K22OC7.108 H22OCPT1 hmoore on PRODPC68 with HMHOUSE H11834 CONGRESSIONAL RECORD — HOUSE October 22, 2007 of the AFL–CIO, that it appears as asking that question. Have we seen you’re going to sell that you’re about though the Rules Committee receives this change from January, February, openness, then at least live up to what their instructions directly from union March, April or May? And the answer you say. central, John Sweeney, telling them is no, we have not. Mr. WALDEN of Oregon. Do what you exactly which bills will be made in Mr. WALDEN of Oregon. Does the said. order. We’ve had so many bills which gentleman believe that that brings dis- Mr. SESSIONS. At least live up to are under the construct of trying to respect on this House for—— what you said. And it’s our job to try say it’s about worker safety or it’s Mr. SESSIONS. I think that the and point those factors out. I would about making things fairness in the question that you raise is, do I believe also say that there’s been a lot of frus- workplace, but in fact it is about fur- that someone who said that they were tration because what’s happened is, in ther unionizing and empowering unions going to not do that, that they sold to this process, Republicans, and I believe in this country against consumers and this House and their membership that the number is 17, perhaps 18 now, mo- against the working people of this that was the wrong way to run the rail- tions to recommit that we have been country with powerful unions. road and that they would think of bet- accused of coming down and sabotaging And lastly, that the Republican ter ways, yes, I think that they did say their political agenda. Party will speak very openly about that. And I think it’s interesting, as Mr. WALDEN of Oregon. But wait. how dangerous we believe single-payer the gentleman may remember, just 2 Haven’t those passed in a big bipar- system to health care would be to this weeks ago, we had a bill that came tisan majority? So when one of these country. And so, there are, the Demo- from the Financial Services Com- ideas comes to the floor, what you’re cratic Party in this country does not mittee, one in which the gentleman saying is, the Republicans and Demo- want those debates to take place. They from Massachusetts, the gentleman, crats actually do what Americans want us to, talk radio and Republicans, Mr. FRANK, as the chairman, had elected us to do, which was come to- if we’re going to be heard, to allow the worked very closely with his members gether on issues, right? Mr. SESSIONS. In fact, the gen- other side to have a chance to dispute about talking about what they would tleman is correct. While there may not everything we say. And I would say let make in order, and then working, can I be any procedure with an open rule, the Democratic Party have their talk say that word ‘‘bipartisanship’’ down there generally have been, and it’s shows and let them speak freely about here? They worked in a bipartisan fash- what Republicans always allowed, a raising taxes, more rules and regula- ion in the committee, only to come to motion to recommit. And that means tions, and empowering the unions in the Rules Committee and the chairman that we were able to, or whoever’s in this country to become, once again, of the committee to ask and to say, it’s the minority is able to say I’m going to more powerful, and to talk about how okay. We’ve worked these through. As take a, just a piece part of this bill and the free enterprise system is something a matter of fact, the gentleman from that they don’t support, that they be- try and include our ideas to better the Massachusetts said, I feel comfortable bill. lieve that raising taxes is the right enough as chairman of the committee thing to do. Let them have their own Mr. WALDEN of Oregon. Try and that you could make, Rules Committee make it better, right? talk radio show. But I would say, Chairman SLAUGHTER, you could make equally, that they need to make sure Mr. SESSIONS. An example of one of any amendment that you choose to in these might be, let’s just think back to that they are not intruding on the Con- order, and I believe I have the ability stitution and people in this country a bill that might be about homeland se- and our committee has the ability to curity. And in homeland security, we who choose to stand up and speak work forth to where we could prevail about the things which we believe are know that there was a fight that took on any issue. Whereupon we found out place that said, and the Democratic important. no, that’s not the way it’s going to be. I thank the gentleman for allowing Party was very open about it, that Mr. WALDEN of Oregon. So even the me time. they did not want to have Amtrak pas- chairman of the committee said bring Mr. WALDEN of Oregon. I appreciate sengers to have to go through what is the gentleman coming, speaking this forth whatever amendments to the called Customs and Border Protection evening on the floor of the House. The floor you want on the bill I have, and Database that looked at what would be gentleman from Texas has done fine his chairman of the Rules Committee like the TSA no fly list; in other words, work in the Rules Committee and makes the decision what amendments someone that might be considered a stood up in a valiant fight. But you’re come forward said uh-uh. terrorist or have terrorist ties, they outnumbered there two to one by the Mr. SESSIONS. I’m not doing that. would not allow any matching of a Mr. WALDEN of Oregon. And that’s Democrats, correct? database against potential terrorists Mr. SESSIONS. Actually a little bit one of the those closed rules. for anybody that used Amtrak. And so more than two to one. It’s 9 to 4, so it Mr. SESSIONS. Yeah, it was another we said we believe that what should is a bit more. closed rule. And I think the gentleman happen is that every single person, Mr. WALDEN of Oregon. It’s pretty makes a point. So I think the people on we’re not talking about going in New hard to get bipartisanship there if it’s the committee have now figured out York City, riding the subway. We’re always a 9–4 vote, isn’t it? time after time after time after time talking about Amtrak, that Amtrak Mr. SESSIONS. And I thank the gen- when they’re voting for a record num- would be allowed to have that data- tleman for asking about that. What’s ber of closed rules that, in fact, I won- base. interesting is that in the Rules Com- der what it was they meant when they Mr. WALDEN of Oregon. To look for mittee, January, February and March, said we were going to do that? I think terrorists on a terrorist watch list. we heard our new colleagues, who are they’re questioning what was the in- Mr. SESSIONS. We were accused of brand new freshman on the Rules Com- tent they said one thing but they’re sabotaging the privacy of millions of mittee, in lockstep with Speaker doing something else. Americans, accused of sabotaging their PELOSI and lockstep with the chairman Mr. WALDEN of Oregon. And you political agenda. of the Rules Committee, the gentle- said that’s still up on the Speaker’s Mr. WALDEN of Oregon. Sounds to woman from New York (Ms. SLAUGH- Web site? me like we were most interested in try- TER). And they attempted to justify ev- Mr. SESSIONS. Still up on the ing to protect the security of Amtrak erything they did by saying when we Speaker’s Web site. And once again, passengers. really get outside of our six for ’06, new record. I think we’ll have a new Mr. SESSIONS. Well, the gentleman which was their political agenda, record virtually every time another is correct. In fact, it is the Republican you’re going to start seeing lots of rule comes out, a new record in this Party position, and continues today open rules. You will see lots of debate. House that I think we have said open- with FISA, that we’re trying to gain as Mr. WALDEN of Oregon. And has the ly, and the gentleman from Oregon is much information as we can to avoid a gentleman seen lots of open rules on aware of this, that the Republican next attack, not just be attacked and major policy issues? party has said we do recognize that then figure it out. Mr. SESSIONS. You know, we have there are times that you need to have Mr. WALDEN of Oregon. And do the not. And I thank the gentleman for closed rules. We support that. But if blaming.

VerDate Aug 31 2005 03:35 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K22OC7.110 H22OCPT1 hmoore on PRODPC68 with HMHOUSE October 22, 2007 CONGRESSIONAL RECORD — HOUSE H11835 Mr. SESSIONS. It appears to me as sides of the story they’re in a better row and sign the discharge petition. though that is really the Democrat position to make a decision. Well, That’s all it is. If you get 218 of 435 on Party’s position. The Democratic yeah, that’s true. But we’re in a lot this bill, under an open rule, by the Party leadership in this House is try- better position when you don’t have way, it will come to the House floor ing on take away the ability that peo- government bureaucrats deciding and we will have a full and vigorous de- ple have to be able to know to thwart whether or not you’ve aired all the po- bate. an attack. Now, that’s off the subject sitions. Mr. BURGESS. If the gentleman will that we are trying to get into tonight, further yield, I, for the life of me, can- b 2130 but it’s germane in that these are the not understand why someone who things that we’re trying to do to have And as you said, it’s one thing to say would have voted in favor of the with motions to recommit better ideas. you and I may disagree; so you get to amendment would not follow through Mr. WALDEN of Oregon. Well, it come on and I come on. But what about now and sign the discharge petition. really isn’t off the subject because our colleague from Texas, Dr. BUR- Mr. Speaker, I will just have to what we’re talking about is freedom to GESS? He may have a little different admit I am baffled that my colleagues speak. We’re talking about free expres- opinion from yours and he still may who have showed such resolution on sion. We’re talking about a funda- disagree with me and there may be this just a few weeks now be peeled off mental right under the Constitution of three or four other Members. As the for whatever reason and not have this the ability of Americans to have their broadcaster, you have got 30 minutes solid bipartisan legislation brought to elected officials debate issues as we’re or an hour on your show. How many the House floor. doing tonight, or to have those in the opposing viewpoints do you have to Mr. WALDEN of Oregon. Mr. Speak- fourth estate, the press, be able to in- have on in order to satisfy the govern- er, I thank my colleague for weighing form the electorate, inform Americans ment regulators that you’ve the right in because it’s part of why I am down about the issues of the day and debate opposing viewpoint? We don’t need gov- here tonight to talk about the impor- them vigorously. This is about a funda- ernment nannies, hall monitors trying tance of this because, again, I think mental right in America, about free to figure out if we are having debate underlying everything we do in the speech. and discussion on the airwaves. country is our ability to have free Now, I want to share with you, be- Mr. BURGESS. Mr. Speaker, will the speech. cause some people may be saying, well, gentleman yield? This isn’t Russia. This isn’t China. where is this coming from, this fairness Mr. WALDEN of Oregon. I would be This isn’t name your country with doctrine thing? Who’s saying you’re happy to yield. leaders that crack down when they going to put that up? Well, a candidate Mr. BURGESS. I have certainly en- don’t like what somebody says out for President, Democrat side, Rep- joyed listening to the discussion to- there. Look at the oppression of the resentative KUCINICH, Ohio, in January, night. And I just wanted to be sure I free press and debate in some of those according to a publication, said that he had my facts straight in regards to the countries. The silencing of government announced that he was going to pursue discharge petition. You have how many critics, the fairness doctrine is just an the fairness doctrine through his Gov- signatures on the discharge petition inch toward that. You just keep mov- ernment Reform Subcommittee. That now? ing toward that, and you get the gov- announcement was greeted with si- Mr. WALDEN of Oregon. The last ernment deciding whether you get to lence, but now Speaker PELOSI has time I checked, we were at about 140. keep your broadcast license or not. I moved things to the front burner. We only need 218. It has only been out mean, this stuff is real. Leaders, frank- Now let me get to a quote here in the there for a few days. ly, those in the majority now on the American Spectator, a newspaper I Mr. BURGESS. And if the gentleman Democrat side have said we think we guess, May 14. According to two mem- would further yield, as I recall, when ought to put this back in place. The bers of the House Democrat Caucus, we voted on an amendment not too majority whip of the Senate said that. Reps NANCY PELOSI and STENY HOYER long ago on one of the appropriations The staff to the Speaker indicated have informed them they will ‘‘aggres- bills, essentially this concept passed that. A Presidential candidate on the sively pursue reinstatement of the so- overwhelmingly by the House of Rep- Democrat side has indicated that this called fairness doctrine over the next resentatives; is that not correct? needs to be done. And I just think you six months.’’ That was back in May. Mr. WALDEN of Oregon. Reclaiming don’t go down that path. And then there’s a quote in something my time, more than 300 of our col- Now, this, again, is not a conserv- called the Liberty Papers, May 15, leagues, Republicans and Democrats, ative or liberal fight. Free speech ‘‘First, Democrats failed on the radio said no to the funding of the reinstitu- should never be a Republican issue or a airwaves with America. No one wanted tion of the fairness doctrine. Democrat issue. Protecting free speech to listen,’’ says the senior advisor to Mr. BURGESS. If the gentleman will should never be a Republican or Demo- PELOSI. ‘‘Conservative radio is a huge further yield, is there anything that crat issue. That’s why signing the peti- threat and political advantage for Re- has happened between the passage of tion to bring this protection to the publicans, and we have to find a way to that amendment and the initiation of floor should not be a Republican or limit it.’’ This is an advisor quoted in the discharge petition that would cause Democrat issue. We should be doing Liberty Papers about that. people to change their minds? If it was this in a bipartisan way, and 300 Mem- Our colleague from New York, MAU- worthwhile to vote for the amendment bers of this House voted for it already RICE HINCHEY, NPR National Public a few weeks ago, wouldn’t it be simi- in effect. So I don’t know what the Radio, June 22, Representative MAU- larly worthwhile to go ahead and sign hang-up would be. Perhaps they are not RICE HINCHEY tells the Washington that discharge petition so we can get aware the petition is available. Per- Times that the Democrat is planning on with working on this very impor- haps if Members don’t happen to be to reintroduce a bill that calls for a re- tant legislation? down here tonight and there is not a turn to the doctrine saying the Amer- Mr. WALDEN of Oregon. The only full House tonight but they may be ican people should have a wide array of thing that has happened in between is watching, maybe others are, we can en- news sources available to them. Well, nothing has happened in between, in- courage them to sign the petition to- this isn’t about news sources. This is cluding that provision is stuck in an morrow. about political and free speech on the appropriations bill that has never gone I want to tell you too in this context airwaves. Senator FEINSTEIN, Cali- to the President. So there is no protec- that it is liberal viewpoints and con- fornia, says she’s looking at reviving tion today; but in terms of the issue servative that believe that we should the fairness doctrine. That was in June itself, nothing has changed. That’s why pass H.R. 2905 and are opposed to the in The Hill. Senator DURBIN says it’s we should bring this to an up-or-down fairness doctrine. In a 2003 interview on time to reinstitute the fairness doc- vote on the floor. That is all we are Public Broadcasting’s ‘‘NewsHour with trine. He’s the majority whip in the asking is Members of the Congress of Jim Lehrer,’’ well-known liberal talk U.S. Senate. I have this old-fashioned the House just sign the discharge peti- show host Alan Colmes said: ‘‘Modern- attitude when Americans hear both tion. Just go right over there tomor- day talk radio would not thrive if there

VerDate Aug 31 2005 03:35 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K22OC7.111 H22OCPT1 hmoore on PRODPC68 with HMHOUSE H11836 CONGRESSIONAL RECORD — HOUSE October 22, 2007 were a fairness doctrine and the bu- Only one Democrat has cosponsored form to protect our free speech rights, reaucratic nightmare that’s involved in this bill. Every single Republican is a and ask yourself how hard is it to walk the kind of paperwork you need to do cosponsor of this legislation. One Dem- right over here and sign the petition to that. The free market should be the ar- ocrat has, and we appreciate that and allow an up-or-down vote on protecting biter of what flies on talk radio . . . we welcome more Members from the free speech rights on America’s radio that’s where I want to make it, and not Democrat side, the party that often and television broadcast stations? because I have government help to do speaks on this floor about protecting With that, Mr. Speaker, I thank you so.’’ Alan Colmes, not necessarily a civil rights and speech. Help us protect for the opportunity to address our col- conservative on talk radio and TV. A free speech over the public’s airwaves leagues in the United States House of liberal, and that’s fine. by both cosponsoring H.R. 2905 and by Representatives. I encourage them In 2007, on his own program, signing the discharge petition. A peti- once again to sign the petition, bring ‘‘Hannity and Colmes,’’ Mr. Colmes tion, that’s all it is, just the petition to H.R. 2905 to the floor, the Broadcaster wholeheartedly agreed with a guest’s bring it to the floor. Even if you don’t Freedom Act. Protect the free speech comment that radio hosts simply chose happen to support the bill, H.R. 2905, rights of even those talk show hosts not to talk about controversial issues the Broadcaster Freedom Act, sign the you vehemently disagree with because on the air when the fairness doctrine discharge petition. We are bringing silencing those hosts is the worst thing was in place. this issue up under an open rule. You the government could do. As managing editor and anchor of can offer up an alternative. You can The material I previously referred to CBS News, a man well known across offer up several alternatives. That’s follows: America, Dan Rather, said: ‘‘I can re- what America should be about is the FEDERAL COMMUNICATIONS COMMIS- call newsroom conversations about ability to offer up alternatives on this SION, OFFICE OF THE CHAIRMAN, what the FCC implications of broad- floor among Members of Congress who Washington, DC. casting a particular report would be. are elected by the people to get the Hon. GREG WALDEN, Once a newsperson has to stop and con- people’s work done. Not to take away House of Representatives, sider what a government agency will their rights, not to take away their Washington, DC. DEAR CONGRESSMAN WALDEN: Thank you think of something he or she wants to free speech rights, not to be the nanny for your letter asking for my thoughts on put on the air, an invaluable element that tunes their radio for them, but the present-day appropriateness of the Fair- of freedom has been lost.’’ Dan Rather. rather to protect these fundamental ness Doctrine. As you are undoubtedly Former FCC Chairman Dennis Pat- constitutional rights that men and aware, the Fairness Doctrine obliged broad- rick, who served on the commission be- women who have worn our Nation’s casters to provide an opportunity for the tween 1987 and 1989, his remarks on the uniform have shed blood and died to presentation of contrasting viewpoints on fairness doctrine appeared in the Wall protect and preserve so that we, this those controversial issues of public impor- Street Journal’s opinion page this sum- generation, would have the ability to tance that they covered. See In re Complaint mer, and he said: ‘‘Reimposing ‘fairness of Syracuse Peace Council, 2 FCC Rcd 5043 continue to debate issues. And as an- (1987). regulation’ would be a colossal mis- noying as that can be to some, depend- In 1987, based on its 1985 Report on the take. The world without the fairness ing upon your viewpoint on the issue, Fairness Doctrine, Inquiry into Section doctrine features exponentially more it should never be annoying that we 73.1910 of the Commission’s Rules and Regu- discussion of public issues from con- protect this right. This is a funda- lations Concerning Alternatives to the Gen- trasting perspectives. The robust diver- mental right of America and Ameri- eral Fairness Doctrine Obligations of Broad- sity of the blogosphere and the ideolog- cans to be able to debate, discuss, with- cast Licensees, 102 FCC 2d 145 (1985), and an ical rivalry among competing cable extensive subsequent administrative record, out government interference, the polit- the Commission concluded that enforcement news channels all speak to the advan- ical issues of the day. of the Fairness Doctrine was not in the pub- tage of permitting the marketplace of And by their nature, if they are in- lic interest and thus decided to abandon it. ideas to make its own editorials FCC- teresting, they are probably controver- Among other things, the Commission free.’’ sial. And if they are controversial, they found that the doctrine ‘‘‘chill[ed]’ speech’’ These are reasons, colleagues, that probably do need to be debated, and out by ‘‘provid[ing] broadcasters with a powerful you should go over here tomorrow of that debate we will have a better incentive not to air controversial program- morning when the House reconvenes outcome. We will all learn from listen- ming above [a] minimal amount’’ in order to and sign the discharge petition. It’s a ing to the opposing viewpoints. But we avoid burdensome litigation over whether it real simple thing to do. You sign twice. had complied with its obligation to provide won’t hear any of it if the fairness doc- contrasting viewpoints. 2 FCC Rcd at 5049 You initial once, sign once. When 218 trine is back in place because we saw TT 42, 43. Based on its examination of the Members sign that under an open rule, what happened between 1949 and 1987. record, the Commission concluded that the we will bring to the House floor for an There was no talk radio to speak of, Fairness Doctrine had created ‘‘a climate of up-or-down vote this bill, H.R. 2905, certainly not vigorous talk radio. timidity and fear, which deter[red] the cov- which would prevent the government And I am not saying you have to erage of controversial issue programming.’’ regulators on their own, without an act agree with Alan Colmes. I’m not saying Id. at T 47. Indeed, the record compiled by the of Congress, from reinstituting censor- you have to agree with Lars Larson or Commission at the time included over 60 re- ship of the public’s airwaves. This bill Rush Limbaugh or Sean Hannity. In ported instances in which the Fairness Doc- trine had inhibited broadcasters’ coverage of will stop that. And my friend Congress- fact, you can pick what you want. But controversial issues. Id. at T 43. man MIKE PENCE from Indiana, and I do you really want to leave in place the Furthermore, the Commission determined both, who have spent time in the opportunity for Federal regulators, that the doctrine ‘‘inherently provide[d] in- broadcast industry, encourage you to without a vote of this Chamber, to put centives that are more favorable to the ex- do this. back in place a flawed regulation that pression of orthodox and well-established Again, more than 300 Members of the we know chills free speech, that re- opinion with respect to controversial issues U.S. House voted to prohibit the FCC than to less established viewpoints.’’ Id. at duces speech on political issues at all? T from using funds to reinstate the fair- 45. Because broadcasters espousing provoca- Do you want to leave that opening tive opinions were more likely to be subject ness doctrine; and 113 of the 309 that there for the next administration to to a Fairness Doctrine challenge, the Com- stood up for freedom during a vote on have three commissioners of the five mission concluded that the doctrine, in oper- the Pence amendment were Democrats. make that decision for you, three ation, inhibited the goal of ensuring that the So we know that there are 113 Members unelected commissioners? And I re- public had access to innovative and less pop- on this side of the aisle who have al- spect them all, believe me, but that is ular viewpoints. Indeed, the Commission ex- ready voted against reinstituting the not how government should work on an pressed concern that the doctrine fairness doctrine, in fact, voted to issue as critical as free speech and pro- ‘‘provide[d] a dangerous vehicle—which has make sure no money was spent by the been exercised in the past—for the intimida- tecting free speech rights. tion of broadcasters who criticize govern- agency to reinstitute the fairness doc- So I encourage you tonight to think ment policy.’’ Id. at T 54. Finally, the Com- trine. So just one of you, 2, 3, 4, 5, 20, about it. Think about it. Think about mission concluded that government regula- we will take 20 Members, sign it, and those who have come before us, about tion was not necessary to ensure that the this will come to the floor. those who have worn America’s uni- public had access to a wide range of opinion

VerDate Aug 31 2005 03:35 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K22OC7.112 H22OCPT1 hmoore on PRODPC68 with HMHOUSE October 22, 2007 CONGRESSIONAL RECORD — HOUSE H11837 on controversial issues of the day in light of policies in Congress, we affect things very happy to vote for that because Dr. the multiplicity of information sources not just today, not just for the time Julian’s contribution to American available to the public, such as television the bill-signing occurs, but we affect medicine was nothing short of astound- stations, radio stations, daily newspapers, things for decades into the future. And ing. He was able to use a precursor of a and cable television services. See id. at TT 55– 56. that is the responsibility that we hold soybean and create cortisone in a lab- In reviewing the Commission’s decision to in our hands here in this House of Rep- oratory and mass produce it. Once abandon the Fairness Doctrine, the United resentatives when we talk about again we had a wonder drug that pre- States Court of Appeals for the District of changes in the health care system. viously was available only in such Columbia Circuit determined that the Com- b 2145 small supply as to only be of benefit to mission’s findings were supported by the a handful of people; now, suddenly, it record, and upheld the Commission’s deter- Now, Mr. Speaker, I referred to the was readily available, and available to mination that the fairness doctrine no 1940s as a transformational time in large numbers of people at a reasonable longer served the public interest. See Syra- medicine. Obviously there were a lot of cuse Peace Council v. FCC, 867 F.2d 654 (D.C. price. things going on in the world in the So the 1940s ushered in the era of Cir. 1989), cert. denied, 493 U.S. 1019 (1990). 1940s. But just prior to the 1940s, Mr. In my judgment, the events of the last two anti-infective antibiotic agents and decades have confirmed the wisdom of the Alexander Flemming, an Englishman, anti-inflammatory agents, two true Commission’s decision to abolish the Fair- made a startling discovery. He made a wonder drugs that, again, American ness Doctrine. Discussion of controversial discovery that a mold, the penicillin medicine had not had available prior to issues over the airwaves has flourished ab- mold, created a substance that was dif- that time. sent regulatory constraints, and the public fusible across an auger plate that Now, Mr. Speaker, today we get sick, now enjoys access to an ever-expanding would inhibit the growth of bacteria. we go see the doc, he or she writes out range of views and opinions. Indeed, with the He further found that this substance a script, tears it off, sends you on the continued proliferation of additional sources apparently was not harmful to humans. of information and programming, including way to the pharmacy, you get it filled satellite broadcasting and the Internet, the So we have the concept of selective and you never give it a second thought. need for the Fairness Doctrine has lessened toxicity, something that will attack a But prior to 1940, that wasn’t an op- ever further since 1987. In short, I see no microbe and not hurt the host; the first tion; it didn’t happen. Again, our sol- compelling reason to reinstate the Fairness time that science had delivered that diers landing in Normandy who were Doctrine in today’s broadcast environment, type of hope, that type of promise to injured had available for the first time and believe that such a step would inhibit the world. an anti-infective agent that was of the robust discussion of issues of public con- Now, Sir Alexander Flemming, re- such caliber that it provided many of cern over the nation’s airwaves. ceiving all the accolades he did for dis- I appreciate your interest in this impor- those wounded men to gain back the tant matter. Please do not hesitate to con- covering penicillin, really created, at use of limbs that otherwise would have tact me if I can provide further information. that point, something that was in such been placed in peril by battlefield inju- Sincerely, short supply, was so difficult to ries. KEVIN J. MARTIN, produce and so expensive that it really The discovery of cortisone really rev- Chairman. had no practical utility. It was almost olutionized at that time the treatment f like a medical trick or parlor game, of illnesses such as Lupus and rheu- but it was not something that could be matoid arthritis. There are other medi- HEALTH CARE IN AMERICA generally used by the public, who was cations that are available now. Corti- The SPEAKER pro tempore (Mr. ill and needed access to the medicine. sone, of course, has some side effects SPACE). Under the Speaker’s announced But American scientists, working in and some problems, but still, cortisone policy of January 18, 2007, the gen- this country, created a system whereby is in widespread use in a number of tleman from Texas (Mr. BURGESS) is they could grow large quantities of this areas in medicine today. So still, these recognized for 60 minutes. mold, remove the substance from the are concepts that we benefit from. Mr. BURGESS. Mr. Speaker, I come vats that surrounded it, and purify it When you also think of the 1940s, to the floor of the House tonight, as I in large quantities. This occurred in what else was going on? Well, of often do, to talk a little bit about 1942. We were in the middle of World course, the Second World War. We were health care, the status of health care War II. What a phenomenal discovery. in the middle of a two-front war. The here in America. Now this wonder drug that had only re- American workforce was severely con- Tonight, if we could, I would like to cently been discovered but was so rare, tracted because of the number of men talk a little bit about the past, talk so scarce and so expensive that it had and women who were fighting for our some about the present, and maybe no practical utility, now it was cheap, country, so employers back in this just look a little bit into the future. readily available and, in fact, probably country who wanted to produce the Mr. Speaker, as I see it, over the last made a significant difference in the re- material for the war, who wanted to 70 years there have been three trans- covery of some of our soldiers who were continue to operate their businesses, formational times in American medi- wounded in the landing in Normandy. were pretty hard pressed to find em- cine: one in the 1940s, one in the 1960s, Battlefield infections were notoriously ployees to work there. and I believe we are on the threshold or bad for causing loss of life and limb, One of the things that was happening the beginning of another trans- and now we had an agent that was ca- during the war, because of this short- formational time here early in the 21st pable of treating those. age of workforce, was that compensa- century. Now, another discovery that occurred tion for workers started going up pret- Mr. Speaker, medicine itself, the in the 1940s, cortisone had been discov- ty fast. President Roosevelt saw that science of medicine, is pretty highly ered before the 1940s, but again, a labo- and felt that he needed to put some ordered, highly structured. It’s very rious process for actually extracting brakes on the rapid growth of wages; scientific. The scientific method is al- this anti-inflammatory medicine. In otherwise, the economy would get out ways employed in medicine. And when fact, Mr. Speaker, they extracted it of control and inflation would spiral you get to government politics, govern- from the adrenal glands of oxen. So out of control. So he put in place wage ment policy in regards to health care, you can imagine how labor intensive and price controls, and he did so be- in regards to medicine you would ex- that process was. And so only small cause, again, the country was at war pect it to also rest on a firm founda- amounts of this compound were avail- and the severe contraction of the work- tion of science. But I have to tell you, able to treat injured individuals. force caused disruption of the labor Mr. Speaker, after being here for less But in the 1940s, an individual, Dr. market, and the President sought to than 5 years, you oftentimes see where Percy Julian, a Ph.D. biochemist, in correct that. that intersection of health care policy fact we honored Percy Julian on the Now, employers said we want to do and health care reality sometimes cre- floor of this House as one of the out- things for our employees that make ates more confusion than shedding standing African American scientists them want to work for us and make light on the subject. And the thing is, of the last century. I think we did that them not look for other employment in Mr. Speaker, when we create these during the last Congress. And I was other locations, so if we can’t offer

VerDate Aug 31 2005 03:35 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\A22OC7.072 H22OCPT1 hmoore on PRODPC68 with HMHOUSE H11838 CONGRESSIONAL RECORD — HOUSE October 22, 2007 wages, can we offer benefits? Could we, garding genomics, protein science. A per 100,000 residents; Texas’ ratio is 186 perhaps, offer retirement benefits? new era of personalized medicine ex- to 100,000 residents. The American Could we, perhaps, offer health bene- tends before us. And as we usher in this Academy of Family Physicians pre- fits? And the United States Supreme new era in medicine, how can we facili- dicts serious shortages of primary care Court ruled in 1944 that, indeed, those tate or at least not obstruct the sci- doctors in five States, including Texas. benefits could be offered and they entific discoveries and allow this im- And further, they go on to say that would not violate the spirit of the wage portant process to go forward? And no- ‘‘all States will have some level of fam- and price controls. And furthermore, where will this be more starkly appar- ily physician shortage by the year they should be available to the individ- ent than in our ability to provide this 2020.’’ That’s 13 years from now, three uals as a pretax expense. And hence, new care at an affordable price to the Presidential elections from now. the era of employer-derived health in- majority of Americans and ensure that The Council on Graduate Medical surance as a pretax expense was born there are the doctors involved who will Education, a congressionally author- and survives to this day. And many deliver that care. ized entity, estimates that after 2010, people are very satisfied with that as a Now, as I see it, the problem right growth in the physician workforce will method of having insurance for their now is that most health care is admin- slow substantially, and that after 2015, health care. And it has its roots back istered through some type of third- the rate of population growth will ex- in 1940. Again, a truly transformational party arrangement so the patient and, ceed the rate of growth in the number time in American medicine. We’ve got quite honestly, the physician is gen- of physicians. new medicines to treat infections and erally aware of the cost of care that Now, what do we do? My opinion, I inflammatory conditions, and we’ve they receive. This arrangement has think there is a three-part approach, a got a new way of paying for health care created an environment that permits three-part solution to mitigate this for Americans in employer-derived the rapid growth, the rapid escalation shortage in the future. health insurance. of prices in all sectors of health care. First and foremost, and it seems so The 1960s; what do we see then? We So how do we improve the model of simple that I cannot believe that it see the introduction of new generations this current hybrid system, this public/ doesn’t occur to more people, we need of antibiotics, antibiotics that were private partnership that we have right to construct a payment system, par- more potent. Some bugs had developed now? How do we improve the current ticularly on the governmental side, resistances to the old antibiotics; we hybrid system that involves both pub- that pays doctors fairly to keep them had new antibiotics that were less lic and private payment for health care in practice longer. Additionally, im- prone for bacteria developing resist- but at the same time anesthetizes most proved assistance to medical students, ance. We had new antipsychotic medi- of us to the true cost of that care? to encourage college students and med- cations. We had new antidepressant Now, Mr. Speaker, we hear it all the ical students to go into medicine and medications, medications to treat con- time here on the floor of this House practice in high-need specialties in ditions that heretofore had not been that we’re just entering into the first medically underserved areas. And then treatable. There had not been a ration- retirees of the baby boom, and this is finally, to increase the number of resi- al or a viable treatment available to all we can see demographically for dency programs, especially in rural or those patients. years and years to come. There will be suburban areas, to keep the physician What else did we see in the 1960s? We more demand for medical services. pipeline open. saw in this House, in 1965, the enact- Medical procedures and techniques and And the real crux of this article, Mr. ment of a law that we now know as pharmaceuticals will tend to cost more Speaker, in ‘‘Running Out of Doctors,’’ Medicare for protection of United because there is the advancing com- was the observation that doctors tend States seniors. For the first time the plexity of what we’re able to do. Medi- to have a lot of inertia. We don’t tend United States Government was in a po- cine is going to continue to evolve as it to go very far from where we’re sition to finance a large portion of always has. hatched. And doctors who go through a health care in this country. In fact, Now, Mr. Speaker, Alan Greenspan, residency program tend to practice since 1965, over the last 42 years, the former Chairman of the Federal Re- within 50 to 100 miles of the location of portion of health care that is paid for serve, right around the time that he that residency. That’s why, if we can by the Federal Government, about 50 was retiring spoke to a group of us one encourage the development of more cents out of every health care dollar, morning, and the inevitable question residency programs in underserved begins right here in Washington, D.C. came up to Mr. Greenspan, ‘‘How in the areas, we will encourage the growth of You’ve got Medicare/Medicaid, the VA world are we ever going to pay for the the physician workforce in that area. System, the Indian Health Service, liability that we have in Medicare in So, before we go completely into the TRICARE, Department of Defense, as the future?’’ And Mr. Greenspan was three-point solution aimed at miti- well as the Federal prison system. A quite circumspect about it, but eventu- gating the possibility of an even great- lot of health care is paid for and it ally he offered the opinion that, when er solution in the future, let’s talk originates here in the United States the time came, the Congress would find about some of the basic principles that Congress. the courage and the resources to do I had in mind as I developed this con- The other 50 percent, commercial in- what was necessary, and he thought cept of physician workforce reform. surance to be sure, some self-pay. And that Medicare would be solvent into Now, Mr. Speaker, I believe that Con- I would actually include the newer the future. He then stopped and went gress must develop physician work- health savings accounts in that part on to add, ‘‘What concerns me more is force initiatives that ensure future pa- that I would designate as self-pay. And will there be anyone there to deliver tient access and sustain a robust physi- then of course there is some care that the service at the time you need it?’’ cian workforce, and this must be both is just simply not paid for, and some Now, Mr. Speaker, I will tell you that separate, but complimentary, to Med- that is given as charity by the hospital those words have stuck with me these icaid physician payment reform. Why or the doctor who provides the care and last 2 years and caused me to devote a do I say that? Well, Mr. Speaker, as does not expect compensation. great deal of time and study to the you know and many in Congress know And now, early in the 21st century, I concept of the physician workforce in and many across America know, in believe, again, is a transformational the United States. Let me just share Medicare we have different payment time in American medicine. And I with you, Mr. Speaker, the Texas Med- systems for part B as opposed to part think it extends before us really as far ical Association, back in my home A, part C and part D. In A, part C and as the eye can see. Mr. Speaker, I think State of Texas, puts out a magazine part D, there is sort of a cost of living this transformation will occur whether every month called ‘‘Texas Medicine,’’ adjustment every year for hospitals, we want it to or not. Whether we lead and this was their March issue of this for HMOs, for drug companies. There is it or not, the transformation will hap- year, and the title story was, ‘‘Running a cost of living adjustment that occurs pen. Changes in information tech- Out of Doctors.’’ My State is far below every year so that these institutions, nology, concepts like rapid learning, the national average when it comes to these entities are reimbursed based changes in the practice of medicine re- physicians. The national average is 230 upon the cost of inputs.

VerDate Aug 31 2005 03:35 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K22OC7.116 H22OCPT1 hmoore on PRODPC68 with HMHOUSE October 22, 2007 CONGRESSIONAL RECORD — HOUSE H11839 b 2200 playing a role in that as well; doctors the practice of medicine because of But part B, the physician part, is are doing more procedures in their of- what we are doing with the Medicare under an entirely different formula fices in ambulatory surgery centers. formulas, it is going to be pretty tough that is coupled to the gross domestic The net effect of that, Mr. Speaker, to pay for performance. product. Furthermore, it is a finite, a is to keep down the costs for part A, Now, I do think some type of per- finite, number of dollars that are avail- but then that expense occurs in part B. formance indicators need to be in- able to pay physicians who participate So how could we get the savings that cluded in whatever process is going for- in the Medicare program. What hap- we are managing for part A, how could ward. We don’t need to reinvent the pens over time, since that doesn’t we get that back for part B? That is wheel every time we sit down to talk grow, what happens over time, the in- really the challenge that is before us. about this. Many of the specialty orga- dividual payments to physicians are Now, the Congressional Budget Office nizations have already developed their scheduled to shrink 5 to 10 percent a and all of the budgetary people who own criteria. We have the QIOs. The year over the next 9- to 10-year budg- work up here on Capitol Hill will tell quality improvement organizations etary cycle. you that you can’t prospectively go out have been in existence really I think This program is so unfair that it and say, since you are going to save so for 20 years since the latter part of the causes physicians to retire early, stop much money, you saved so much second Reagan term. So these meas- seeing Medicare patients and leave the money last year, and you are going to ures are all available to us. physician workforce. The solution is save so much money next year and the What I would submit is that if a doc- very, very simple, and it is one that is year thereafter, but you can’t get cred- tor or a physician group would volun- so simple that, quite frankly, it often- it for that until it actually happens. tarily report to one of these quality times gets lost in all of the other talk My belief is that savings will occur. It measures, that there be some positive and debate. The solution to this prob- will accrue. adjustment, in whatever formula we lem is stop the cuts, repeal the for- So what if we pay it forward, so to give them, that there be some positive mula, and then replace it with the speak, we don’t repeal the SGR in 2008 adjustment for participating in that Medicare economic index, the cost-of- or 2009, we will repeal it in 2010. But in quality activity. living formula that hospitals, HMOs the meantime, 2008 and 2009 whatever Similarly, I talked a little bit about and drug companies are paid with. savings occur because the physicians in this in the beginning. We are in a Now, the current Medicare payment part B are doing things better, cheaper transformational time. What is one of system exacerbates negative physician and safer and saving money for part A, the things that is going to drive that workforce trends. That is why I feel part C and part D, that those savings transformation? It is going to be that the sustainable growth rate for- be sequestered and they be walled off. changes in health information tech- mula must be eliminated. Let me just Remember the famous lockbox for 2000 nology, whether we want it to or not. show you a little graph of that. Mr. everybody talked about for Social Se- We struggled with the health informa- Speaker, I think this graph accurately curity? Let’s drag up that lockbox and tion technology bill last year. We represents what I am talking about. put the savings in the lockbox, and we talked a little bit about one this year. Again, we talk about the physician will open it up in 2010 and reduce the The fact remains, it is happening payment as compared to HMOs, hos- cost of repealing the SGR formula. whether Congress is involved or not. As pitals and, in this bar graph, nursing That has been the obstacle, Mr. a consequence, I think we ought to do homes. You can see over the years 2002 Speaker. The Congressional Budget Of- what we can to encourage physicians’ to 2007 increases in HMOs, hospitals, fice estimates the cost of repealing the offices and individual physicians to and nursing homes and very flat in- SGR today right now at $268 billion. begin to embrace this, to begin to in- creases for a few years for physician Last year when I tried a different ap- vestigate this and an additional posi- payment after an initial decline, and proach to this same problem, the cost tive update would be available to phy- actually this was projected for 2007. We for repeal was the $218 billion. It goes sicians who voluntarily participated in actually held physician payment at a up every year. One of the reasons it improvements in health information zero percent update, which anywhere goes up every year is that every year technology and their individual prac- else other than in Washington, D.C. we come swooping in at the last tices. let’s be honest, that would be a cut but minute with some sort of last-minute You know, Mr. Speaker, one of the we call it a zero percent update because fix. But all that money that we used to things that I think would make a lot of we like to be euphemistic when we talk come in for that last-minute fix gets sense and I don’t know why we haven’t to our physician friends. Again, I sub- added on to the budgetary out-years. done it, we ought to share with our mit, stop the cuts, repeal the formula. So we compound the problem. Every Medicare beneficiaries what did your Now, any new system that we create year that we don’t fix it, we compound care cost last year. I get a statement has to be able to adjust for growth in it. That is why it is so critical to fix from the Social Security Administra- services, but it has to be agile enough that date that we repeal the formula. tion about what my Social Security to determine what constitutes appro- Now, in the bill 2585 that I have in- contributions have been year over year priate care in service and service vol- troduced, we actually do that. We actu- since I first started paying that FICA ume when growth results in better pa- ally capture and sequester those sav- tax. We could do the same thing with tient outcomes. Any new coverage de- ings and use that paying it forward to our Medicare patients: What did you cisions by law or regulation must be bring the cost of repealing the SGR contribute over your working lifetime? accompanied by additional financial down. And now what are expenses attrib- sources relative to their value for the Now, just a couple of other points in utable to you that are incurred to the services. general about physician workforce, system? That information should be Now, Mr. Speaker, we spent a lot of preserving the physician workforce. confidential. You obviously don’t pub- time in my committee, Committee on You know, I said the SGR formula, the lish that, but give back to the patient Energy and Commerce, last year hav- sustainable growth rate formula, is that information on what the cost of ing hearings about physician pay- linked to the growth in the gross do- their care was over the past year be- ments. And one of the things that is mestic product. There is a reason for cause otherwise they have no bench- obvious when you look at recent trends that. That needs to be delinked. Qual- mark. They have no way to know are in Medicare outlays is that in fact the ity reporting. What about quality re- they, in fact, getting value for their trustees report that came out last June porting? We hear a lot about that. We dollar or not. talking about the year 2005; 600,000 hear a lot about pay for performance So there are three bills that I’ve in- fewer hospitals beds were filled that here on the floor of this House. Well, troduced to help tackle these problems year. Why? Because the physician com- Mr. Speaker, I would submit to you, and get at the essentials of what is cre- ponent is doing things better, more pay for performance is keeping the ma- ating the near havoc situation in the timely treatment of disease. I will sub- ture physician involved in the practice physician workforce. I think these bills mit that perhaps some of the new of medicine. If we drive all of our tal- are essential to ensuring that America Medicare prescription drug program is ented and experienced doctors out of will always have a good supply of

VerDate Aug 31 2005 03:35 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K22OC7.118 H22OCPT1 hmoore on PRODPC68 with HMHOUSE H11840 CONGRESSIONAL RECORD — HOUSE October 22, 2007 qualified, satisfied doctors to address age this sea change that we are going key to send the e-mail to the pharmacy the growing health care needs of an to see in medicine in the coming years. to provide that prescription for that ever-growing population. I will confess, Mr. Speaker, let me patient, that is another hour you have Now, we have already talked a little put another chart up here. Mr. Speak- added on to that physician’s day. bit about the sustainable growth rate er, I will readily acknowledge that I b 2215 formula. Getting Medicare payment have not always been a firm believer in policy right is the first point to make things like health information tech- How are you going to pay the doctor in any type of reform that is going to nology and electronic medical records. for that? None of this has ever been affect the physician workforce. Paying In fact, right before I left practice, my worked out. If you go even further and physicians fairly will extend the ca- practice in medicine, we were given a say we’re going to go with a full-on reers of many doctors who otherwise charge to beta test an electronic e-pre- electronic record, there’s a learning would just simply opt out of Medicare scribing sort of format and there was curve there. It’s going to take some or opt out of the practice of medicine certainly no financial outlay on our time, and it’s going to slow that doctor entirely. Paying physicians fairly also part. We were simply to use these little down. Not only will it slow him down has the effect of ensuring an adequate hand-held devices and report back as to so he is able to see fewer patients, it network of doctors. That adequate net- their utility. There were obviously slows him down so that there’s less work of doctors is available to treat some plus sides. You knew right away face time, if you will, with the patient, some of those complex patients we if there was a drug interaction or a pa- less time to listen to what the patient have in this country, and that is the el- tient had an allergy that wasn’t appar- is saying, to look the patient in the eye derly patient on Medicare and as this ent on their chart. The computer knew and make sure you’re getting the country makes a transition to the and it would flag that for you. But it straight story so that you come to the workforce of the future. slowed you down. It slowed you down correct diagnosis. Now, the bill I introduced, 2585, En- in that it took about a minute or 11⁄2 Mr. Speaker, I was late to come to suring the Physician Workforce Act of minutes to add this information in for the table as far as electronic medical 2007, modifies the Medicare physician the patient. records. I will tell you the sentinel mo- reimbursement policies. It is impor- Mr. Speaker, when I first went into ment that changed my mind, that tant because you do have to pay doc- private practice after I completed my shifted me on this issue, and said, you tors fairly for their services so that residency at Parkland Hospital, went know, it is going to take more time; they will want to go into medicine, into private practice in 1981, reim- there has to be a way to compensate they will want to continue to practice bursement rates were such that if you doctors for the time involved in doing medicine, and maybe even practice saw 15 to 17 patients a day, you pay that e-prescribing and creating those medicine to a later point in their life. your overhead and have a nice amount electronic medical records. So we extend the effective practice life to take home at the end of the month. Well, 2 years ago, of course, we were of physicians who are already out there With everything that has happened suffering in the aftermath of Hurricane practicing. with HMO declining reimbursement Katrina. Two years ago next January Now, the fundamentals of 2585 we rates, from private insurance declining our Committee on Energy and Com- have covered already a little bit. But I reimbursement rates from the govern- merce had a field hearing down in New like to think of it as a workforce solu- ment-funded sector of health care to be Orleans, and one of the places we went tion for the mature physician. It pro- sure and a growing government sector on that field hearing was to Charity vides sustainable Medicare reimburse- of health care that historically Hospital, one of the venerable old ment now and in the future by getting underfunds their component and under- teaching institutions in this country. out of the chasm created by the sus- compensates their component, what Many of my professors at Parkland tainable growth rate formula and com- has happened over time in order to Hospital had been trained by professors pletely eliminating the sustainable maintain that similar amount of at Charity Hospital. It was truly an growth rate formula by the year 2010. money that is needed to pay for over- icon in American medicine. It was ab- It includes truly transformational in- head and have something to take home solutely devastated in the flooding centives to further the development at the end of the month, physicians are that followed Hurricane Katrina in and implementation of quality meas- now finding that instead of seeing New Orleans. ures and health information tech- three patients an hour, they have to Mr. Speaker, we went into Charity nology in a way that makes sense to see five. Instead of working 7 hours in Hospital. We went down to the base- the business aspect of the practice of the office, they now need to work 8 or ment where the records room typically medicine. 9. is in a hospital. And here, Mr. Speaker, Furthermore, in 2008 and 2009, physi- So if you are not seeing 35 or 40 pa- is the medical records department of cians could opt to take advantage of tients a day, you may not be meas- Charity Hospital. Now, this isn’t fire or those bonuses, return value back to uring up as far as covering that over- smoke damage on these charts. It’s their practices, and, in fact, return head and having something to take black mold. You really can’t send value back to the taxpayer by partici- back to your family. After all, they put someone down there to retrieve med- pating in those measures. Quality up with the sacrifice and aggravation ical data without putting the medical measures would be built around high- of having you, their husband or father records transcriptionist at risk. cost conditions and strive to improve as a physician, meaning you are fre- These records are essentially lost for- the quality of care for those conditions quently gone from home, you go and ever, if the ink hasn’t washed off all and ultimately drive down the cost of leave in the middle of the night to at- the pages. Remember, this was all com- delivering the care in the Medicare tend to problems. And we always do pletely underwater, because this was in program. The bill would also include a that willingly and lovingly; but at the the basement. You remember how Federal incentive to implement health same time, it does create wear and tear much water was standing in the streets information technology along with pro- on families, and certainly any doctor’s of New Orleans. So completely under- visions providing safe harbors for the family can tell you that. Doctors, over water. We don’t even know if these are sharing of software, technical assist- time, have tended to be fairly well readable. But who is going to get in ance and hardware as well as the cre- compensated. As a consequence, fami- there and risk disturbing all the black ation of a health information tech- lies have been ready and willing to ac- mold and getting the health con- nology consortium. cept that. But in order to maintain sequences that would result from it? That last point is important because that same level, we have gone from a So all of this medical data is lost. there are laws and regulations that time where we were seeing 15 to 17 pa- Who’s to know? Maybe there is a kid- Congress has passed in the past that tients in a day to 35 to 40 patients in a ney transplant there, some important prevent hospitals and doctors working day. data. Maybe someone being treated for together to develop the type of health Let me go back to the e-prescribing. non-Hodgkin’s lymphoma here, and im- information technology network that If it is taking you 11⁄2 minutes to enter portant clinical data lost. Maybe there is really going to be necessary to man- in the patient data and hit the send was a child with a rare illness that,

VerDate Aug 31 2005 03:35 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K22OC7.119 H22OCPT1 hmoore on PRODPC68 with HMHOUSE October 22, 2007 CONGRESSIONAL RECORD — HOUSE H11841 again, no one would be able to retrieve just for someone on vacation who de- don’t fall far from the tree when it those medical records. This is the rea- velops a problem, if you have the avail- comes time to start up practice. We son why I have now become a believer ability of accessing their medical tend to go into practice within 100 in the electronic medical records sys- records online or through some service, miles of where we did our residency. tem. that is going to make a tremendous That would be the reason to move the Furthermore, when a large number of difference. residency programs into the areas of persons who were evacuated from New Now, Mr. Speaker, one of the things States, into the areas of the commu- Orleans and brought to the Metroplex we talked about, too, when I first nities where doctors are most needed. in the north Texas area, north Texas began this discussion on the workforce Two, this program could be a recruit- physicians turned out in great numbers issue is how do we help the physician ing tool for small communities to re- to receive people who had been in the who’s through with medical school and cruit essential professionals to con- domed stadium in New Orleans, the Su- pondering a residency, or in fact in a sider a residency program in their town perdome I guess it’s called, as well as residency. Could we develop a program and then hopefully stay around once other individuals who were evacuated that would permit hospitals that do the training program is finished, be- from the Convention Center, and they not now currently have a residency cause, after all, you know all the refer- were brought in buses to downtown program to begin a training program ring doctors, you know the personnel Dallas and doctors met them as they where none has existed previously. in the hospital, and that arduous task were coming off the bus. So the second bill, H.R. 2583, would of setting up a practice becomes per- One of the large pharmaceutical create a loan fund available to hos- haps just a little less daunting because chains set up there with their com- pitals to create a residency training you are working with known entities. puter system, and if that patient had program where none has operated in The third point of assuring avail- gotten their prescription at that chain the past. These programs, of course, ability of an adequate future workforce drug store, they were able to recreate would require full accreditation by the is providing medical students or col- not their entire medical record, but at appropriate agencies and would be fo- lege students who are considering a ca- least their prescription history, which cused in typically medically-under- reer in health professions, to provide a lot of times will give you a great deal served areas, rural, suburban, frontier them with assistance and incentives to of insight into what a patient’s condi- community hospitals. practice in shortage areas in shortage tions are and what they are being Mr. Speaker, on average it costs specialties. treated for. about $100,000 a year to train a resi- The third bill, H.R. 2584, would estab- So the availability of that, albeit dent. For a lot of small hospitals, that lish a mix of scholarships, loan repay- very limited pharmaceutical data, pro- is a barrier to entry that they just can- ments and tax incentives to encourage vided a great deal of service to the doc- not meet. more students into medical school and Two, the Balanced Budget Act passed tors who were on the ground receiving beyond. It also creates incentives for by this Congress long before my service these individuals who had to be evacu- those students and newly-minted doc- here, back in 1997, 10 years ago, placed ated out of the city of New Orleans. tors to become family docs, general the cap on residency slots Medicare Again, it really made a believer out of surgeons, geriatric doctors, OB–GYNs, would fund, making it very difficult for me that that data needs to be retriev- and practice in shortage areas such as some programs to expand and hospitals able wherever you are, wherever you rural and frontier areas. to create residency programs. So, espe- go. H.R. 2584, the High Need Physician cially for smaller hospitals that are in- Mr. Speaker, all too often we run Workforce Initiative Act of 2007, terested in creating a residency train- into in medicine the fact that, yes, the amends the Public Health Service Act ing program, federal regulations, fed- patient went down somewhere and had to alleviate critical shortages of physi- eral regulations stop them cold, dead a CT scan, and now they’re seeing a dif- cians in the fields of family practice, in their tracks, from creating that resi- ferent doctor and that CT is not avail- internal medicine, pediatrics, emer- dency program. able because it’s only a written, typed Again, these are some of the things gency medicine, general surgery and report and it’s locked up in some other that were done in the Balanced Budget OB–GYN. H.R. 2584 would establish ad- office and they are now closed. So we Act, but these regulations need to be ditional loan and scholarship programs either go on a hunch without the infor- streamlined. We need to have a second and would assist underserved commu- mation, or you repeat the test and pathway for these hospitals to follow nities to build a pipeline for the med- spend another $1,000. It is so critical to to establish a residency training pro- ical professionals of tomorrow. have that information where it is read- gram. It is a major financial invest- Mr. Speaker, I spoke already about ily retrievable by any doctor involved ment for small hospitals to undertake, the medical records situation in New in taking care of the patients. and frequently they just simply have Orleans. Also as an outgrowth of actu- Mr. Speaker, I have digressed just a to forego, because they can’t afford it, ally several trips I made to the New Or- little bit from the physician workforce even though their community might leans area in the fall of 2005 and the issues, but I do think this is such an very well benefit from having such a early part of 2006, you really began to important issue, and that is why I in- training program. see the attenuation of the physician cluded in H.R. 2585 bonus payments for Now, in the bill before the Congress, workforce in that area and you really doctors who are willing to begin to H.R. 2583, loan amounts would not ex- saw the arduous task of rebuilding the make that change into improved ceed $1 million and the loan would con- physician workforce in that area. health information technology and per- stitute startup funding for new resi- Mr. Speaker, it is almost as if a phy- haps consider electronic medical dency programs. The start-up money is sician or his spouse, if they weren’t records, perhaps consider e-prescribing. critical here. Since Medicare graduate from the area, they likely weren’t There is no question that our hand- medical education funding can be ob- staying. They had to have significant writing as physicians is generally tained only once a residency program family ties to make them consider abominable. I will tell you, Mr. Speak- is firmly established, the cost to start staying in the area. That is so unfortu- er, it doesn’t improve with age. Medi- a training program for a smaller, more nate, Mr. Speaker. But not only do we cation errors that are because of poor rural or suburban hospital is cost pro- have the unspeakable horror of the handwriting or illegible handwriting on hibitive. The barrier to entry is just hurricane itself, but then we had the the prescription pad, we have all en- too high, because these hospitals oper- slow response in getting aid through countered it during our practices. ate on much narrower cost margins. State and Federal and local agencies to It is so critical to be able to have H.R. 2583 is a bill that has been intro- physicians in private practice and they that information in a legible, reproduc- duced as part of the physician work- were left to fend for themselves. They ible form and have it available when a force package of bills. It will allow ended up spending their own savings to patient goes from city to city, as these smaller hospitals to establish residency keep their practice open and they individuals were because of a crisis in training programs. reached a point where they simply their hometown, where they had to As I said earlier, Mr. Speaker, doc- could not sustain that any longer. It leave and go to another town. But even tors tend to have a lot of inertia. We will be hard to entice people back.

VerDate Aug 31 2005 03:35 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\K22OC7.120 H22OCPT1 hmoore on PRODPC68 with HMHOUSE H11842 CONGRESSIONAL RECORD — HOUSE October 22, 2007 So the reality is the physician work- So the State of Texas paid to educate iners so long, and there is a lot of de- force of tomorrow, especially in an un- this woman. The woman went to a mand. When you have to ask how big derserved area like the City of New Or- State-supported school, so taxpayers are you winning, that is a good thing, leans, is going to require growing your partially paid for her education be- and Texas is winning big with this leg- own. And part of growing your own is cause she went to a residency program islation. this mix of scholarships, loan forgive- at one of the State universities, and Doctors are moving back to areas ness and tax incentives to encourage she was lost as a provider to the State that were underserved and critical spe- physicians to go into the health profes- of Texas because of the liability situa- cialties are moving back into the sions, and as part of the loan payback, tion. State. Doctors who practice a specialty they agree to serve in a medically un- Texas, fortunately, stepped up to the called perinatal medicine where you derserved area in a high-need specialty. plate and recognized they had a serious take care of the most complicated This bill provides targeted incentives problem. Across the board in Texas, ev- pregnancies and the sickest babies, to develop medical students and en- eryone was talking about the crisis in these doctors could not get insurance courages the growth of specialties that medical liability. So they passed a bill at any price in 2002. And I remember will be in high demand in underserved in 2003 that put a limit on noneconomic talking to a young doctor at a hospital or emerging communities. damages in medical liability suits. It who said, I am going to have to stop So, Mr. Speaker, those are the three was patterned after the Medical Injury practicing. I have all of these loans to bills, H.R. 2583, H.R. 2584 and H.R. 2585, Compensation Reform Act of 1975 pay back, and I can’t practice because that deal with the problems that I see which affects the State of California I can’t afford the liability premiums. as emerging with the physician work- and has done a good job in California as Our whole trauma network in north force. Remember, we are in a trans- far as keeping doctors involved in prac- Texas was put at risk because 50 per- formational time. We are in a time tice and keeping medical liability rates cent of the neurosurgeons, that is one that is just as transformational as 1940, low. out of two who were available, said he 1965, or even some of the earlier transi- Well, in California, the Medical In- got his six-figure premium notice, and tional times that we didn’t have time jury Compensation Reform Act of 1975 he said, That’s it, I can’t do this any to talk about tonight. We are in a tran- put a cap on noneconomic damages at more. With him leaving, leaving only sitional time that is going to require $250,000. That was a tall order in Texas. one neurosurgeon in the trauma net- us, require us as legislators, to be at They were not able to achieve the same work, it put north Texas in a serious the top of our game so we don’t ob- level of cap on noneconomic damages, position for how they were going to be struct this process and, dare I say, we but they went about in a way so that a able to handle trauma cases in north enhance this process, we further this $250,000 cap on noneconomic damages Texas. transformation, we make the trans- exists for the doctor, for the hospital Since the passage of this law in formation proceed in an orderly fash- or nursing home or a second hospital. Texas, that perinatologist has gone ion, in a fashion that is beneficial. So each provider named is going to be back into practice. He went to work for But, Mr. Speaker, I can hardly, hard- capped at $250,000, and a maximum of a computer firm, believe it or not, and ly, talk about physician workforce $750,000 that could be awarded to a now he is back in practice and probably issues and not address the number one plaintiff in noneconomic damages. Ac- saving babies today that wouldn’t have issue that is so pernicious to physician tual damages, punitive damages, are been saved without his care and exper- practice and drives more doctors into not affected by this law. So average tise. I am sure he did a good job taking early retirement, and that is the state compensation for patients is still going care of computers, but babies are more of the medical justice system in this to be very, very high, but it removes a important than computers. country. lot of the uncertainty that was present New neurosurgeons are attracted to b 2230 in the medical liability market. And as the north Texas area, preserving the Texas in 2003, September of 2003, a a consequence, it provides fair com- trauma network we have in the north little over 4 years ago, passed what I pensation for injured patients and their Texas area. It was very much put at considered a very reasonable bill to put families. It has been a success in Texas. risk by the crisis in medical liability. some caps on noneconomic damages in Liability premiums have dropped. One of the unexpected beneficiaries medical liability cases. Competition has invigorated the insur- of this law in Texas has been the small- Texas was in crisis. When I was run- ance market, and patients once again er, not-for-profit hospital that is self- ning for Congress in 2002, we had really have access to the doctors they need. insured. They were having to put so hit rock bottom as far as medical li- Remember, we dropped from 17 down to much money away to protect against ability issues were concerned. We had two insurers. The next year we were future losses because the upper limit gone from 17 medical liability insur- back up to 15, and I believe the number was unknown. Now they are able to ance companies down to two. They is substantially higher today. take some of that capital and reinvest were leaving the State in droves. If you The best news is they came back to it in capital equipment, nurses’ sala- only have two companies, it is difficult the State without asking for an in- ries and outreach and education, the to have competition. Premiums were crease of premiums. Texas Medical Li- very things you want your hospital to going through the roof. Every year I ability Trust, my old insurer, has pro- be doing. They are able to do those was seeing premium increases of 20, 25 vided a 22 percent reduction in pre- things because of sensible reform that or 30 percent. And the reality was that mium expenses for physicians since happened in the State of Texas. reimbursement rates were not keeping 2003. Remember, we were going up by Claims and lawsuits have declined, up and doctors couldn’t keep up. 20, 25, 30 percent a year every year and the current situation that exists in I remember when I was campaigning prior to 2003, so this has been a dra- some States only drives up the cost of in 2002 at an event I ran into a young matic turnaround in Texas. health care and forces doctors to treat woman who was a radiologist. I say Remember, I talked about Texas as every patient as a potential lawsuit. young woman, she had been through being one of the States that is medi- Mr. Speaker, the Founding Fathers medical school and residency. She said, cally underserved. Remember that fig- suggested that the States could func- I hope you can get something done ure of 186 doctors per 100,000 popu- tion as laboratories for the rest of the about the liability situation because as lation. But since this law took effect, country, and I think this is one of a radiologist, I lost my insurance be- things are on the upswing as far as those instances where we have seen the cause my company left the State and I physician workforce in Texas. Over function of the laboratory, that is can’t get insurance with the two re- 10,000 new physicians have been li- Texas in medical liability, function in maining companies. As a consequence, censed, including a record 3,300 doctors every way as we would want it to. In I cannot practice interventional radi- licensed in fiscal year 2007. The Texas fact, when we were going through the ology without liability insurance. I State Board of Medical Examiners can budget process last March, I provided can’t accept that kind of risk, taking scarcely keep up with the demand. Sev- the ranking member, our ranking care of high-risk patients without some eral have asked what is taking the member of the Budget Committee, the type of liability coverage. Texas State Board of Medical Exam- legislative language that would be the

VerDate Aug 31 2005 03:35 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\K22OC7.121 H22OCPT1 hmoore on PRODPC68 with HMHOUSE October 22, 2007 CONGRESSIONAL RECORD — HOUSE H11843 Texas law if it were written by legisla- You hear the phrase in Washington, Mr. KIND (at the request of Mr. tive counsel here in the House of Rep- ‘‘well, we will cross that bridge when HOYER) for today. resentatives. we come to it’’; in other words, we Mr. WILSON of Ohio (at the request of And they took the bill and did a won’t act until we absolutely have to Mr. HOYER) for today and the balance back-of-the-envelope score and came act. of the week on account of medical rea- up with a $3.8 billion savings over 5 Mr. Speaker, this is a trans- sons. years that would be available to the formational time. I think this calls for Mr. YARMUTH (at the request of Mr. budgeteers had they chosen to accept a different type of thinking. We are HOYER) for today. that. In other words, do medical liabil- going to have to build a bridge while Mr. GINGREY (at the request of Mr. ity reform like we did in Texas across we are crossing it, not wait until we BOEHNER) for today on account of flight the country, and you are going to save get there. We are going to have to build delays. some money. that bridge ahead of time, and I think Mr. YOUNG of Florida (at the request It is not a huge amount of money. I we can. of Mr. BOEHNER) for today on account know in Washington-speak $3.8 billion I visited a group of scientists at the of illness in the family. doesn’t resonate like some other fig- National Institutes of Health and they ures, but it is real money and it is talked about the challenge of working f available to us. All we have to do is through the genetic sequence of the enact some type of sensible medical li- SPECIAL ORDERS GRANTED human genome and sequencing the ability reform across the country like By unanimous consent, permission to we did in my home State of Texas. base pairs in the human genome. And they started this project in the 1990s, a address the House, following the legis- So I took that language that ran lative program and any special orders through legislative counsel on the very labor-intensive project, and they didn’t have the Internet. They didn’t heretofore entered, was granted to: Texas liability law and actually intro- (The following Members (at the re- duced the Texas medical liability law. know that they needed the Internet. Fortunately, the Internet came along quest of Ms. WOOLSEY) to revise and ex- It is H.R. 3509, the Medical Justice Act tend their remarks and include extra- of 2007. It is now available. Members while they were in the process of neous material:) may cosponsor it. I recognize in the cracking the genetic code. But if it Mr. CUMMINGS, for 5 minutes, today. current climate in the United States hadn’t been the Internet, they wouldn’t Ms. WOOLSEY, for 5 minutes, today. House of Representatives it is going to have been able to share information Mr. DEFAZIO, for 5 minutes, today. be very difficult to get any type of with other scientists around the world medical liability reform passed, but at on a real-time basis. And I don’t know Ms. WATERS, for 5 minutes, today. the same time, this is important work if by today we would have cracked the (The following Members (at the re- and we shouldn’t shy away from it. We genetic code, so an example of building quest of Mr. JONES of North Carolina) should at least have the discussion and the bridge while you are crossing, and to revise and extend their remarks and the debate. Let’s clash in the market- certainly those scientists at the Na- include extraneous material:) place of ideas here. Here is a system in tional Institutes of Health really did Mr. BURTON of Indiana, for 5 minutes, Texas that is delivering real value to take that to health. today and October 23, 24, and 25. the patients of Texas and to the doc- Why wait any longer? Why should we Mr. POE, for 5 minutes, October 29. tors of Texas. keep doctors and patients waiting? Mr. ENGLISH of Pennsylvania, for 5 Mr. Speaker, we can’t rise to the Sensible legislation is before us now. minutes, October 24. transformational challenge that Again, I repeat, I urge my colleagues to Mr. JONES of North Carolina, for 5 stretches before us without keeping the look at this, talk to me if you have minutes, October 29. best doctors involved and recruiting questions about it. It is extremely im- f and training the best and brightest portant for those students who are doctors who are coming behind them, looking to go into health care as a pro- SENATE BILLS REFERRED recruiting and training those doctors fession, those in medical school now, for tomorrow. This is going to require Bills of the Senate of the following those doctors in residency, and again, titles were taken from the Speaker’s a near-term, a mid-term and a long- what I would refer to as the mature term strategy. Mr. Speaker, we have to table and, under the rule, referred as physician. It is important to the whole follows: work together, both sides of the aisle. continuum of the timeline of the physi- This is not a partisan issue. This is cian workforce. S. 2206. An act to provide technical correc- going to face every single one of us in tions to Public Law 109–116 (2 U.S.C. 2131a We don’t want to end up in that day note) to extend the time period for the Joint our district as we go through this next that Alan Greenspan looked into the several years. And we are not going to Committee on the Library to enter into an future and saw a couple of years ago. be able to master the transformational agreement to obtain a statue of Rosa Parks, We don’t want to arrive at that day and for other purposes; to the Committee on challenge that extends ahead of us where there is no one there to take House Administration. without America’s best and brightest care of America’s seniors because we S. Con. Res. 51. Concurrent resolution sup- staying involved and providing care for porting ‘‘Lights On Afterschool!’’, a national patients in this country. The best and didn’t pay attention, we took our eye off the ball back here in the year 2007. celebration of after school programs; to the brightest men and women of medicine, Committee on Education and Labor. we need to keep them on the front f f lines. I stress, this is a true bipartisan LEAVE OF ABSENCE issue. There is not a single party label ADJOURNMENT attached to this concept. By unanimous consent, leave of ab- So let’s sit down, both sides of the sence was granted to: Mr. BURGESS. Mr. Speaker, I move aisle, and work together to insure a Mr. DAVIS of Illinois (at the request that the House do now adjourn. healthy future for all Americans. The of Mr. HOYER) for today on account of The motion was agreed to; accord- bottom line is we have to make certain official business in the district. ingly (at 10 o’clock and 43 minutes that doctors are continuing to prac- Ms. EDDIE BERNICE JOHNSON of Texas p.m.), under its previous order, the tice, they are satisfied with their com- (at the request of Mr. HOYER) for today House adjourned until tomorrow, Tues- pensation and satisfied with their abil- and October 23 on account of a death in day, October 23, 2007, at 9 a.m., for ity to deliver services to the patients. the family. morning-hour debate.

f

EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports concerning the foreign currencies and U.S. dollars utilized for speaker-authorized official travel during the second and third quarters of 2007, pursuant to Public Law 95–384 are as follows:

VerDate Aug 31 2005 03:35 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00065 Fmt 7634 Sfmt 8634 E:\CR\FM\K22OC7.122 H22OCPT1 hmoore on PRODPC68 with HMHOUSE H11844 CONGRESSIONAL RECORD — HOUSE October 22, 2007 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO GERMANY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN SEPT. 5 AND SEPT. 8, 2007

Date Per diem1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign cur- equivalent Foreign cur- equivalent Foreign cur- equivalent Foreign cur- equivalent Arrival Departure rency or U.S. cur- rency or U.S. cur- rency or U.S. cur- rency or U.S. cur- rency2 rency2 rency2 rency2

Hon. Nancy Pelosi ...... 9/7 9/8 Germany ...... 730.00 ...... (3) ...... 730.00 Hon. Wilson Livingood ...... 9/7 9/8 Germany ...... 730.00 ...... (3) ...... 730.00 Dr. John Eisold ...... 9/7 9/8 Germany ...... 730.00 ...... (3) ...... 730.00 John Lawrence ...... 9/7 9/8 Germany ...... 730.00 ...... (3) ...... 730.00 Michael Sheehy ...... 9 /7 9/8 Germany ...... 730.00 ...... (3) ...... 730.00 Andrew Hammill ...... 9/7 9/8 Germany ...... 730.00 ...... (3) ...... 730.00 Steve Rusnak ...... 9/7 9/8 Germany ...... 730.00 ...... (3) ...... 730.00 Micaela Fernandez ...... 9/7 9 /8 Germany ...... 1,023.34 ...... 3,258.31 ...... 4,281.65 Committee totals ...... 9,391.65 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. NANCY PELOSI, Oct. 8, 2007. REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON BUDGET, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2007

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2 HOUSE COMMITTEES Please Note: If there were no expenditures during the calendar quarter noted above, please check the box at right to so indicate and return. ◊ 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. JOHN M. SPRATT, Jr., Oct. 11, 2007. (AMENDED) REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON SCIENCE AND TECHNOLOGY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN APR. 1 AND JUNE 30, 2007

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2 Hon. Brian Baird ...... 5/21 5/27 Jordan ...... 13,277.15 ...... 13,277.15 Hon. Chris Shays ...... 5 /21 5 /27 Jordan ...... Hon. Carolyn Maloney ...... 5/21 5/27 Jordan ...... Nan Gibson ...... 5/21 5/27 Jordan ...... Lisa Austin ...... 5/21 5/27 Jordan ...... Dr. Nicholas Palarino ...... 5/21 5/27 Jordan ...... Committee total ...... 13,277.15 ...... 13,277.15 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. BART GORDON, Sept. 28, 2007.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON SCIENCE AND TECHNOLOGY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2007

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Bart Gordon ...... 7 /20 7 /22 Greenland ...... 793.00 ...... (3) ...... 793.00 ...... 5 42,428.00 ...... 42,428.00 ...... 4,573.00 ...... 4,573.00 Hon. Todd Akin ...... 7/20 7/22 Greenland ...... 857.00 ...... (3) ...... 857.00 Hon. Roscoe Bartlett ...... 7/20 7/22 Greenland ...... 857.00 ...... (3) ...... 857.00 Hon. Phil Gingery ...... 7/20 7/22 Greenland ...... 857.00 ...... (3) ...... 857.00 Hon. Baron Hill ...... 7/20 7/22 Greenland ...... 857.00 ...... (3) ...... 857.00 Hon. Bob Inglis ...... 7/20 7/22 Greenland ...... 857.00 ...... (3) ...... 857.00 Hon. Daniel Lipinski ...... 7/20 7/22 Greenland ...... 857.00 ...... (3) ...... 857.00 Hon. Jerry McNerney ...... 7/20 7/22 Greenland ...... 798.00 ...... (3) ...... 798.00 Hon. Brad Miller ...... 7/20 7/22 Greenland ...... 628.25.00 ...... (3) ...... 628.25.00 Hon. Lynn Woolsey ...... 7/20 7/22 Greenland ...... 797.00 ...... (3) ...... 797.00 LeighAnn Brown ...... 7/20 7/22 Greenland ...... 793.00 ...... (3) ...... 793.00 Louis Finkel ...... 7/20 7/22 Greenland ...... 793.00 ...... (3) ...... 793.00 Jean Fruci ...... 7/20 7/22 Greenland ...... 793.00 ...... (3) ...... 793.00 Dick Obermann ...... 7/20 7/22 Greenland ...... 400.00 ...... (3) ...... 400.00 Elizabeth Stack ...... 7 /20 7 /22 Greenland ...... 400.00 ...... (3) ...... 400.00 Mele Williams ...... 7/20 7/22 Greenland ...... 808.00 ...... (3) ...... 808.00 Hon. Ralph Hall ...... 8/10 8/11 Jordan ...... 289.00 ...... (3) ...... 289.00 8/11 8/12 Iraq ...... 0 ...... 4 5,238.05 ...... 5,238.05 8/12 8/13 Jordan ...... 289.00 ...... 289.00 Kyle Oliver ...... 8/10 8/11 Jordan ...... 289.00 ...... (3) ...... 289.00 8/11 8/12 Iraq ...... 0 4,458.05 ...... 4,458.05 8/12 8/13 Jordan ...... 289.00 ...... (3) ...... 289.00 Hon. Phil Gingery ...... 8/19 8/21 Iceland ...... 1,128.00 ...... (3) ...... 1,128.00 8/21 8/23 Ukraine ...... 692.00 ...... (3) ...... 692.00 8/23 8/26 Netherlands ...... 1,251.00 ...... (3) ...... 289.00 Hon. Mario Diaz-Balart ...... 8/27 8/29 Czech. Rep...... 740.00 ...... (3) ...... 740.00 8/29 8/30 Hungary ...... 284.00 ...... 7 9,117.93 ...... 9,117.93 8/29 9/1 Poland ...... 710.00 ...... (3) ...... 710.00 ...... 18,106.25 ...... 61,242.03 ...... 4,753.00 ...... 84,101 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Miliary air transportation. 4 U.S. Commercial and military air transportation. 5 By State Department for entire CODEL in Greenland (16). 6 With CODEL Pastor. 7 Commercial (w/CODEL Sires. BART GORDON, Oct. 5, 2007.

VerDate Aug 31 2005 05:02 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\A22OC7.017 H22OCPT1 hmoore on PRODPC68 with HMHOUSE October 22, 2007 CONGRESSIONAL RECORD — HOUSE H11845 EXECUTIVE COMMUNICATIONS, tional Oceanic and Atmospheric Administra- 3822. A letter from the Secretary, Depart- ETC. tion, transmitting the Administration’s final ment of Transportation, transmitting the rule — Fisheries of the Exclusive Economic Department’s annual report on the adminis- Under clause 8 of rule XII, executive Zone Off Alaska; Shallow-Water Species tration of the Surface Transportation communications were taken from the Fishery by Vessels Using Trawl Gear in the Project Delivery Pilot Program, pursuant to Speaker’s table and referred as follows: Gulf of Alaska [Docket No. 070213032-7032-01] 23 U.S.C. 327(h); jointly to the Committees 3804. A letter from the Staff Director, Com- (RIN: 0648-XC43) received October 1, 2007, on Transportation and Infrastructure and mission on Civil Rights, transmitting a re- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Judiciary. mittee on Natural Resources. port of a violation of the Antideficiency Act f by the Commission on Civil Rights, pursuant 3815. A letter from the Acting Director Of- to 31 U.S.C. 1351; to the Committee on Appro- fice of Sustainable Fisheries, NMFS, Na- REPORTS OF COMMITTEES ON priations. tional Oceanic and Atmospheric Administra- PUBLIC BILLS AND RESOLUTIONS 3805. A letter from the Chief Counsel, tion, transmitting the Administration’s final FEMA, Department of Homeland Security, rule — Fisheries of the Exclusive Economic Under clause 2 of rule XIII, reports of transmitting the Department’s final rule — Zone Off Alaska; Pacific Ocean Perch for committees were delivered to the Clerk Changes in Flood Elevation Determinations Catcher Processors Participating in the for printing and reference to the proper [Docket No. FEMA-B-7727] received October Rockfish Limited Access Fishery in the Cen- calendar, as follows: tral Regulatory Area of the Gulf of Alaska 1, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to Mr. RAHALL: Committee on Natural Re- [Docket No. 070213032-7032-01] (RIN: 0648- the Committee on Financial Services. sources. H.R. 2197. A bill to modify the XC48) received October 1, 2007, pursuant to 5 3806. A letter from the Chief Counsel, boundary of the Hopewell Culture National U.S.C. 801(a)(1)(A); to the Committee on Nat- FEMA, Department of Homeland Security, Historical Park in the State of Ohio, and for ural Resources. transmitting the Department’s final rule — other purposes (Rept. 110–391). Referred to 3816. A letter from the Director Office of Final Flood Elevation Determinations — re- the Committee of the Whole House on the Sustainable Fisheries, NMFS, National Oce- ceived October 1, 2007, pursuant to 5 U.S.C. State of the Union. 801(a)(1)(A); to the Committee on Financial anic and Atmospheric Administration, trans- Mr. RAHALL: Committee on Natural Re- Services. mitting the Administration’s final rule — sources. H.R. 2094. A bill to provide for cer- 3807. A letter from the Chief Counsel, Fisheries of the Exclusive Economic Zone tain administrative and support services for FEMA, Department of Homeland Security, Off Alaska; Reallocation of Pollock in the the Dwight D. Eisenhower Memorial Com- transmitting the Department’s final rule — Bering Sea and Aleutian Islands [Docket No. mission, and for other purposes; with an Final Flood Elevation Determinations — re- 070213033-7033-01] (RIN: 0648-XC54) received amendment (Rept. 110–392). Referred to the ceived October 1, 2007, pursuant to 5 U.S.C. October 1, 2007, pursuant to 5 U.S.C. Committee of the Whole House on the State 801(a)(1)(A); to the Committee on Financial 801(a)(1)(A); to the Committee on Natural of the Union. Services. Resources. Mr. RAHALL: Committee on Natural Re- 3808. A letter from the Chief Counsel, 3817. A letter from the National Oceanic sources. H.R. 1462. A bill to authorize the FEMA, Department of Homeland Security, and Atmospheric Administration, transmit- Secretary of the Interior to participate in transmitting the Department’s final rule — ting the Administration’s final rule — Fish- the implementation of the Platte River Re- Final Flood Elevation Determinations — re- eries of the Exclusive Economic Zone Off covery Implementation Program for Endan- ceived October 1, 2007, pursuant to 5 U.S.C. Alaska; Shallow-Water Species Fishery by gered Species in the Central and Lower 801(a)(1)(A); to the Committee on Financial Vessels Using Trawl Gear in the Gulf of Alas- Platte River Basin and to modify the Path- Services. ka [Docket No. 070213032-7032-01] (RIN: 0648- finder Dam and Reservoir; with an amend- 3809. A letter from the Chairman, Securi- XC52) received October 1, 2007, pursuant to 5 ment (Rept. 110–393). Referred to the Com- ties and Exchange Commission, transmitting U.S.C. 801(a)(1)(A); to the Committee on Nat- mittee of the Whole House on the State of the annual report of the Securities Investor ural Resources. the Union. Protection Corporation for the year 2006, 3818. A letter from the Acting Director Of- pursuant to 15 U.S.C. 78ggg(c)(2); to the Com- fice of Sustainable Fisheries, NMFS, Na- Mr. RAHALL: Committee on Natural Re- mittee on Financial Services. tional Oceanic and Atmospheric Administra- sources. H.R. 1205. A bill to reauthorize the 3810. A letter from the Under Secretary tion, transmitting the Administration’s final Coral Reef Conservation Act of 2000, and for Food, Nutrition, and Consumer Services, De- rule — Fisheries of the Exclusive Economic other purposes; with an amendment (Rept. partment of Agriculture, transmitting the Zone Off Alaska; Pollock in Statistical Area 110–394, Pt. 1). Ordered to be printed. Department’s final rule — Afterschool 620 of the Gulf of Alaska [Docket No. Mr. RAHALL: Committee on Natural Re- Snacks in the Child and Adult Care Food 070213032-7032-01] (RIN: 0648-XC46) received sources. H.R. 830. A bill to authorize the ex- Program [FNS-2007-0004] (RIN: 0584-AD27) re- October 1, 2007, pursuant to 5 U.S.C. change of certain lands in Denali National ceived August 14, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Natural Park in the State of Alaska; with amend- 801(a)(1)(A); to the Committee on Education Resources. ments (Rept. 110–395). Referred to the Com- and Labor. 3819. A letter from the Acting Director Of- mittee of the Whole House on the State of 3811. A letter from the Assistant Secretary fice of Sustainable Fisheries, NMFS, Na- the Union. for Legislative Affairs, Department of State, tional Oceanic and Atmospheric Administra- Mr. RAHALL: Committee on Natural Re- transmitting a report entitled ‘‘Report of tion, transmitting the Administration’s final sources. H.R. 783. A bill to modify the bound- U.S. Citizen Expropriation Claims and Cer- rule — Fisheries of the Northeastern United ary of Mesa Verde National Park, and for tain Other Commercial and Investment Dis- States; Summer Flounder Fishery; Commer- other purposes; with an amendment (Rept. putes,’’ pursuant to Public Law 103-236, sec- cial Quota Harvested for Connecticut [Dock- 110–396). Referred to the Committee of the tion 527(f); to the Committee on Foreign Af- et No. 061020273-7001-03] (RIN: 0648-XC21) re- Whole House on the State of the Union. fairs. ceived October 1, 2007, pursuant to 5 U.S.C. Mr. RAHALL: Committee on Natural Re- 3812. A letter from the Director, Office of 801(a)(1)(A); to the Committee on Natural sources. H.R. 767. A bill to protect, conserve, Surface Mining, Department of the Interior, Resources. and restore native fish, wildlife, and their transmitting the Department’s final rule — 3820. A letter from the Acting Director Of- natural habitats at national wildlife refuges Pennsylvania Regulatory Program [PA-149- fice of Sustainable Fisheries, NMFS, Na- through cooperative, incentive-based grants FOR] received October 1, 2007, pursuant to 5 tional Oceanic and Atmospheric Administra- to control, mitigate, and eradicate harmful U.S.C. 801(a)(1)(A); to the Committee on Nat- tion, transmitting the Administration’s final non-native species, and for other purposes; ural Resources. rule — Fisheries of the Northeastern United with an amendment (Rept. 110–397). Referred 3813. A letter from the Deputy Assistant States; Atlantic Herring Fishery; Total Al- to the Committee of the Whole House on the Administrator For Regulatory Programs, lowable Catch Harvested in Management State of the Union. NMFS, National Oceanic and Atmospheric Area 1A [Docket No. 061228342-7068-02] (RIN: Mr. RAHALL: Committee on Natural Re- Administration, transmitting the Adminis- 0648-XC24) received October 1, 2007, pursuant sources. H.R. 523. A bill to require the Sec- tration’s final rule — Magnuson-Stevens to 5 U.S.C. 801(a)(1)(A); to the Committee on retary of the Interior to convey certain pub- Fishery Conservation and Management Act Natural Resources. lic land located wholly or partially within Provisions; Fisheries of the Northeastern 3821. A letter from the Assistant Secretary the boundaries of the Wells Hydroelectric United States; Atlantic Surfclam and Ocean of the Army for Civil Works, Department of Project of Public Utility District No. 1 of Quahog Fishery; Framework Adjustment 1 Defense, transmitting a report on the project Douglas County, Washington, to the utility [Docket No. 070827327-7327-01; I.D. 020907E] for navigation and dredged material disposal district; with an amendment (Rept. 110–398). (RIN: 0648-AT62) received October 1, 2007, entitled the Eastward Expansion of the Referred to the Committee of the Whole pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Craney Island Dredged Material Manage- House on the State of the Union. mittee on Natural Resources. ment Facility, Norfolk Harbor and Channels, Mr. RAHALL: Committee on Natural Re- 3814. A letter from the Acting Director Of- Hampton Roads, Virginia; to the Committee sources. H.R. 53. A bill to authorize the Sec- fice of Sustainable Fisheries, NMFS, Na- on Transportation and Infrastructure. retary of the Interior to enter into a long-

VerDate Aug 31 2005 04:03 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\L22OC7.000 H22OCPT1 hmoore on PRODPC68 with HMHOUSE H11846 CONGRESSIONAL RECORD — HOUSE October 22, 2007 term lease with the Government of the TIME LIMITATION OF REFERRED penny, and the authority to prescribe such United States Virgin Islands to provide land BILL regulations, and for other purposes; to the on the island of Saint John, Virgin Islands, Committee on Financial Services. for the establishment of a school, and for Pursuant to clause 2 of rule XII the By Mr. RUPPERSBERGER (for himself other purposes; with an amendment (Rept. following action was taken by the and Mr. CUMMINGS): 110–399). Referred to the Committee of the Speaker: H.R. 3918. A bill to amend the Internal Rev- Whole House on the State of the Union. [The following action occurred on October 19, enue Code of 1986 to provide a tax credit for Ms. VELA´ ZQUEZ: Committee on Small 2007] property owners who remove lead-based Business. H.R. 3867. A bill to update and ex- H.R. 948. Referral to the Committee on paint hazards; to the Committee on Ways pand the procurement programs of the Small Ways and Means extended for a period ending and Means. Business Administration, and for other pur- not later than November 2, 2007. By Mr. MARKEY (for himself, Mr. DIN- poses (Rept. 110–400). Referred to the Com- GELL, Mrs. WILSON of New Mexico, f mittee of the Whole House on the State of Ms. ESHOO, Mr. DOYLE, Mr. GORDON, the Union. PUBLIC BILLS AND RESOLUTIONS Mrs. CAPPS, Mr. SPACE, Mr. HILL, Ms. Mr. GORDON of Tennessee: Committee on Under clause 2 of rule XII, public SOLIS, Mr. GONZALEZ, Mr. GENE Science and Technology. H.R. 3775. A bill to GREEN of Texas, and Mr. ALLEN): support research and development of new in- bills and resolutions were introduced H.R. 3919. A bill to provide for a com- dustrial processes and technologies that op- and severally referred, as follows: prehensive nationwide inventory of existing timize energy efficiency and environmental By Mr. CARNEY: broadband service, and for other purposes; to performance, utilize diverse sources of en- H.R. 3911. A bill to designate the facility of the Committee on Energy and Commerce. ergy, and increase economic competitive- the United States Postal Service located at By Mr. RANGEL (for himself, Mr. ness; with an amendment (Rept. 110–401). Re- 95 Church Street in Jessup, Pennsylvania, as LEVIN, Mr. MCDERMOTT, Mr. GEORGE ferred to the Committee of the Whole House the ‘‘Lance Corporal Dennis James Veater MILLER of California, Mr. SMITH of on the State of the Union. Post Office’’; to the Committee on Oversight Washington, Mr. STARK, Mr. NEAL of Mr. GORDON of Tennessee: Committee on and Government Reform. Massachusetts, Mr. LEWIS of Georgia, Science and Technology. H.R. 3776. A bill to By Mr. LANTOS (for himself and Ms. Mr. MCNULTY, Mr. BECERRA, Mr. provide for a research, development, and ROS-LEHTINEN): POMEROY, Mrs. JONES of Ohio, Mr. demonstration program by the Secretary of H.R. 3912. A bill to provide for the transfer THOMPSON of California, Mr. LARSON Energy to support the ability of the United of naval vessels to certain foreign recipients; of Connecticut, Mr. EMANUEL, Mr. to the Committee on Foreign Affairs. States to remain globally competitive in en- BLUMENAUER, Mr. KIND, Mr. ergy storage systems for vehicles, stationary By Ms. ROS-LEHTINEN: PASCRELL, Ms. BERKLEY, Mr. CROW- applications, and electricity transmission H.R. 3913. A bill to amend the Inter- LEY, Mr. VAN HOLLEN, Mr. MEEK of and distribution; with amendments (Rept. national Center Act to authorize the lease or Florida, Ms. SCHWARTZ, Mr. DAVIS of 110–402). Referred to the Committee of the sublease of certain property described in Alabama, Mrs. TAUSCHER, Mr. BAIRD, Whole House on the State of the Union. such Act to an entity other than a foreign Mr. BISHOP of New York, Mr. Mr. CARDOZA: Committee on Rules. government or international organization if MICHAUD, Ms. WASSERMAN SCHULTZ, House Resolution 763. Resolution providing certain conditions are met; to the Com- Mr. COURTNEY, Mr. HARE, and Mr. for consideration of the bill (H.R. 1011) to mittee on Transportation and Infrastruc- SESTAK): designate additional National Forest System ture. H.R. 3920. A bill to amend the Trade Act of lands in the State of Virginia as wilderness By Mr. DINGELL (for himself, Mr. 1974 to reauthorize trade adjustment assist- or a wilderness study area, to designate the MARKEY, Mr. DOYLE, Ms. ESHOO, Mr. ance, to extend trade adjustment assistance Kimberling Creek Potential Wilderness Area BOUCHER, Ms. SOLIS, and Mr. GOR- to service workers and firms, and for other for eventual incorporation in Kimberling DON): purposes; to the Committee on Ways and Creek Wilderness, to establish the Seng H.R. 3914. A bill to amend the Communica- Means, and in addition to the Committees on Mountain and Bear Creek Scenic Areas, to tions Act of 1934 to prevent the granting of Education and Labor, and Energy and Com- provide for the development of trail plans for regulatory forbearance by default; to the merce, for a period to be subsequently deter- the wilderness areas and scenic areas, and Committee on Energy and Commerce. for other purposes (Rept. 110–403). Referred By Mr. MILLER of North Carolina (for mined by the Speaker, in each case for con- to the House Calendar. himself, Mr. WATT, Mr. FRANK of sideration of such provisions as fall within Mr. HASTINGS of Florida: Committee on Massachusetts, Ms. WATERS, Mrs. the jurisdiction of the committee concerned. Rules. House Resolution 764. Resolution pro- MALONEY of New York, Mr. GUTIER- By Mr. BISHOP of New York (for him- viding for consideration of the bill (H.R. 505) REZ, Ms. CARSON, Mr. MEEKS of New self, Mr. HALL of New York, Mr. KING to express the policy of the United States re- York, Mr. CAPUANO, Mr. CLAY, Mr. AL of New York, Mr. WEINER, Mr. NAD- garding the United States relationship with GREEN of Texas, Mr. CLEAVER, Ms. LER, Mr. EMANUEL, Mr. MARKEY, Ms. Native Hawaiians and to provide a process BEAN, Ms. MOORE of Wisconsin, Mr. JACKSON-LEE of Texas, Mrs. MALONEY for the recognition by the United States of HODES, Mr. ELLISON, and Mr. MURPHY of New York, and Mr. FEENEY): the Native Hawaiian governing body (Rept. of Connecticut): H.R. 3921. A bill to provide nationwide sub- 110–404). Referred to the House Calendar. H.R. 3915. A bill to amend the Truth in poena authority for actions brought under Ms. SUTTON: Committee on Rules. House Lending Act to reform consumer mortgage the September 11 Victim Compensation Fund Resolution 765. Resolution providing for con- practices and provide accountability for such of 2001; to the Committee on the Judiciary. sideration of the bill (H.R. 1483) to amend the practices, to establish licensing and registra- By Mr. BUCHANAN (for himself and Omnibus Parks and Public Lands Manage- tion requirements for residential mortgage Mr. KELLER): ment Act of 1996 to extend the authorization originators, to provide certain minimum H.R. 3922. A bill to expand and improve for certain national heritage areas, and for standards for consumer mortgage loans, and Federal gang prevention programs; to the other purposes (Rept. 110–405). Referred to for other purposes; to the Committee on Fi- Committee on the Judiciary, and in addition the House Calendar. nancial Services. to the Committee on Education and Labor, Mr. GEORGE MILLER of California: Com- By Mr. HALL of Texas (for himself, Mr. for a period to be subsequently determined mittee on Education and Labor. H.R. 3685. A BARTLETT of Maryland, Mr. BILBRAY, by the Speaker, in each case for consider- bill to prohibit employment discrimination Mr. BROUN of Georgia, Mr. BURGESS, ation of such provisions as fall within the ju- on the basis of sexual orientation (Rept. 110– Mr. CONAWAY, Mr. FEENEY, Mr. risdiction of the committee concerned. 406 Pt. 1). Referred to the Committee of the GINGREY, Mr. GORDON, Mr. INGLIS of By Mr. EMANUEL (for himself, Mr. Whole House on the State of the Union. South Carolina, Mr. SAM JOHNSON of BLUMENAUER, and Mr. DOGGETT): DISCHARGE OF COMMITTEE Texas, Mr. MCCAUL of Texas, Mrs. H.R. 3923. A bill to amend the Internal Rev- Pursuant to clause 2 of rule XII, the MYRICK, Mr. NEUGEBAUER, Mr. SEN- enue Code of 1986 to provide for the treat- SENBRENNER, Mr. SESSIONS, Mr. ment of certain foreign nonqualified deferred Committee on Science and Technology compensation; to the Committee on Ways discharged from further consideration. SMITH of Nebraska, Mr. WU, Mrs. BIGGERT, and Mr. LAMPSON): and Means. H.R. 1205 referred to the Committee of H.R. 3916. A bill to provide for the next By Mr. FEENEY: the Whole House on the State of the generation of border and maritime security H.R. 3924. A bill to designate the informa- Union. technologies; to the Committee on Homeland tion center at Canaveral National Seashore Pursuant to clause 2 of rule XII, the Security, and in addition to the Committee as the ‘‘T.C. Wilder, Jr., Canaveral National Committees on House Administration, on Science and Technology, for a period to Seashore Information Center‘‘; to the Com- Oversight and Government Reform, be subsequently determined by the Speaker, mittee on Natural Resources. and Judiciary discharged from further in each case for consideration of such provi- By Mr. ISRAEL: H.R. 3925. A bill to direct the Adminis- consideration. H.R. 3685 referred to the sions as fall within the jurisdiction of the committee concerned. trator of the Federal Aviation Administra- Committee of the Whole House on the By Mr. SPACE: tion to issue an order regarding secondary State of the Union, and ordered to be H.R. 3917. A bill to suspend the effective- cockpit barriers; to the Committee on Trans- printed. ness of certain regulations relating to the portation and Infrastructure.

VerDate Aug 31 2005 04:49 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\A22OC7.038 H22OCPT1 hmoore on PRODPC68 with HMHOUSE October 22, 2007 CONGRESSIONAL RECORD — HOUSE H11847

By Ms. MATSUI (for herself, Mr. MARIO H.R. 1843: Mr. CLAY and Mr. SNYDER. H.R. 3256: Mr. COHEN and Ms. SCHAKOWSKY. DIAZ-BALART of Florida, Mr. LINCOLN H.R. 1869: Mr. MORAN of Kansas. H.R. 3289: Mr. HASTINGS of Florida. DIAZ-BALART of Florida, Mrs. H.R. 1921: Mr. JOHNSON of Georgia. H.R. 3298: Mr. REYES, Mr. EMANUEL, Mr. NAPOLITANO, Mr. CRENSHAW, Mr. H.R. 1927: Ms. LORETTA SANCHEZ of Cali- VAN HOLLEN, and Ms. WASSERMAN SCHULTZ. BLUMENAUER, Mr. BISHOP of New fornia and Mr. WALDEN of Oregon. H.R. 3309: Mr. COHEN. York, Mr. THOMPSON of California, H.R. 1937: Mr. BROUN of Georgia. H.R. 3326: Ms. WATERS, Mr. FARR, Mr. and Ms. GINNY BROWN-WAITE of Flor- H.R. 1959: Mr. PAUL and Mr. LOBIONDO. MCNULTY, and Ms. MCCOLLUM of Minnesota. ida): H.R. 1964: Ms. CARSON. H.R. 3327: Mr. BUCHANAN and Mr. MILLER of H.R. 3926. A bill to amend the Robert T. H.R. 1992: Mr. ABERCROMBIE, Mr. COURTNEY, North Carolina. Stafford Disaster Relief and Emergency As- and Mr. CUMMINGS. H.R. 3339: Mr. KLEIN of Florida. sistance Act to enhance existing programs H.R. 2027: Mr. WALDEN of Oregon. H.R. 3369: Mr. JACKSON of Illinois. providing mitigation assistance by encour- H.R. 2136: Mr. HIGGINS. H.R. 3374: Mr. BLUMENAUER and Ms. aging States to adopt and actively enforce H.R. 2183: Mr. BACHUS. SCHAKOWSKY. State building codes, and for other purposes; H.R. 2210: Mr. BLUMENAUER and Mr. H.R. 3397: Mr. CUMMINGS and Mr. SERRANO. to the Committee on Transportation and In- PASCRELL. H.R. 3409: Mr. WEXLER, Ms. SHEA-PORTER, frastructure. H.R. 2214: Mr. SERRANO. and Mr. YARMUTH. By Mrs. McCARTHY of New York: H.R. 2215: Mr. KUCINICH. H.R. 3412: Mr. BARRETT of South Carolina. H.R. 3453: Mr. CAPUANO and Ms. CASTOR. H. Res. 762. A resolution supporting the H.R. 2216: Mr. TIERNEY. H.R. 3480: Mr. BARROW. goals of National Bullying Prevention H.R. 2244: Mr. SESTAK. H.R. 3495: Ms. WOOLSEY, Mr. GENE GREEN of Awareness Week; to the Committee on Edu- H.R. 2262: Mr. GORDON. Texas, Mr. COSTELLO, and Mr. KUCINICH. cation and Labor. considered and agreed to. H.R. 2332: Mr. SENSENBRENNER, Mr. KUHL of New York, Mr. LAHOOD, Ms. PRYCE of Ohio, H.R. 3498: Mr. KANJORSKI. f Mr. PORTER, Mr. WAMP, Mr. KELLER, Mr. BU- H.R. 3512: Mr. HASTINGS of Florida. CHANAN, Mr. HASTINGS of Washington, Mr. H.R. 3533: Mr. HILL, Mr. MORAN of Kansas, ADDITIONAL SPONSORS BILIRAKIS, and Mr. JORDAN. Mr. OBERSTAR, Mr. ADERHOLT, Mr. BRALEY of Under clause 7 of rule XII, sponsors H.R. 2406: Mr. CARNAHAN, Mr. WU, Mr. Iowa, Mr. SCOTT of Virginia, Mr. PASCRELL, were added to public bills and resolu- MATHESON, Ms. BORDALLO, Mr. COHEN, Mr. Mr. WU, Mr. JOHNSON of Georgia, Mr. LIN- COLN DIAZ-BALART of Florida, Mr. PICKERING, tions as follows: CHANDLER, Mr. WILSON of Ohio, Mr. COSTELLO, Ms. HOOLEY, Ms. EDDIE BERNICE Mr. SALAZAR, and Mr. MILLER of North Caro- H.R. 138: Mr. ROYCE. JOHNSON of Texas, Ms. RICHARDSON, Mr. HILL, lina. H.R. 275: Mr. LANTOS. Mr. MCNERNEY, and Mr. MITCHELL. H.R. 3544: Mr. SESTAK. H.R. 281: Ms. HIRONO. C ORRIS ODGERS H.R. 2578: Mr. HASTINGS of Washington. H.R. 3547: Mrs. M M R . H.R. 303: Mr. TIM MURPHY of Pennsylvania, H.R. 3548: Ms. GIFFORDS. H.R. 2601: Mr. KIRK. Ms. SCHAKOWSKY, and Mr. WALDEN of Oregon. H.R. 3561: Ms. JACKSON-LEE of Texas. H.R. 2605: Mr. DAVIS of Illinois. APOLITANO H.R. 3577: Mr. MICHAUD and Mr. PAYNE. H.R. 371: Mrs. N . H.R. 2611: Mr. CAPUANO. H.R. 3585: Ms. HIRONO. H.R. 524: Mr. SESTAK and Mr. BARROW. H.R. 2631: Mr. MCCAUL of Texas. H.R. 3586: Mr. HARE. H.R. 538: Mr. PASTOR. H.R. 2634: Mr. LOEBSACK, Mr. SNYDER, Mr. H.R. 3630: Mr. COHEN. H.R. 648: Mr. JACKSON of Illinois. DEFAZIO, Mr. FARR, Mr. WALDEN of Oregon, H.R. 3637: Mr. HONDA. H.R. 690: Mr. WALDEN of Oregon and Ms. and Ms. HOOLEY. H.R. 3681: Mr. SOUDER. NORTON. H.R. 2651: Mr. HONDA and Mr. TOWNS. H.R. 741: Mr. BERMAN and Mrs. DAVIS of H.R. 3689: Mr. COHEN and Mr. PRICE of H.R. 2668: Mr. BRALEY of Iowa. North Carolina. California. RALEY H.R. 2677: Mr. B of Iowa and Mr. H.R. 3691: Mr. THOMPSON of Mississippi, Mr. H.R. 758: Mr. RUSH and Mr. HONDA. LLEN A . UDALL of Colorado, Mr. WU, Mr. WYNN, Mr. H.R. 784: Mr. WALDEN of Oregon and Mr. H.R. 2702: Mrs. LOWEY, Mr. HINCHEY, and SHAYS, Mr. CLYBURN, Mr. BACA, Mr. DAVIS of COURTNEY. Mr. ETHERIDGE. Alabama, Mr. BISHOP of Georgia, Mr. FILNER, H.R. 843: Mr. WALDEN of Oregon. H.R. 2762: Mr. SNYDER, Ms. LINDA T. Mr. CLEAVER, Ms. ESHOO, Mr. CLAY, Mrs. H.R. 997: Mr. BACHUS and Mr. MCCAUL of SA´ NCHEZ of California, Mr. COURTNEY, Mr. DAVIS of California, Ms. JACKSON-LEE of Texas. LARSEN of Washington, Mr. GERLACH, Mr. Texas, Mr. SARBANES, Mr. GEORGE MILLER of H.R. 1022: Mr. HASTINGS of Florida. ENGEL, Mr. ISRAEL, Mr. LANTOS, Mr. HIN- California, Mr. RANGEL, and Mr. AL GREEN of H.R. 1091: Mr. WU and Mr. DELAHUNT. CHEY, Mr. CARTER, Mr. BUTTERFIELD, Mr. H.R. 1118: Mr. BUCHANAN. Texas. HASTINGS of Florida, Mr. OBERSTAR, Ms. ROY- H.R. 3700: Ms. SCHAKOWSKY and Mr. WELCH H.R. 1188: Mr. CALVERT. BAL-ALLARD, Mr. HOLT, Mr. ROTHMAN, Mr. of Vermont. H.R. 1205: Mr. KLEIN of Florida and Mr. SALAZAR, Mr. RYAN of Ohio, Mr. BOYD of H.R. 3706: Mr. FARR, Mr. MCGOVERN, Mr. FORTUN˜ O. Florida, Mr. FARR, Ms. MATSUI, and Mrs. BRADY of Pennsylvania, Mr. LEWIS of Geor- H.R. 1280: Mr. BARTLETT of Maryland. DRAKE. gia, and Mr. DINGELL. H.R. 1293: Mr. CUMMINGS. H.R. 2772: Mr. SMITH of Texas. H.R. 3750: Ms. SCHAKOWSKY, Mr. CUMMINGS, H.R. 1322: Ms. LINDA T. SA´ NCHEZ of Cali- H.R. 2840: Mr. HASTINGS of Florida. Mr. GORDON, and Mr. HINCHEY. fornia and Mr. HALL of New York. H.R. 2852: Mr. LEVIN. H.R. 3757: Mr. PATRICK MURPHY of Pennsyl- H.R. 1416: Mr. WATT. H.R. 2915: Ms. MATSUI. vania. H.R. 1436: Mr. WALDEN of Oregon. H.R. 2928: Mr. FERGUSON and Mr. JACKSON H.R. 3779: Mr. ROGERS of Alabama and Mr. H.R. 1456: Mr. SHERMAN. of Illinois. BOREN. H.R. 1473: Mr. BOYD of Florida, Mr. H.R. 2933: Mr. WAXMAN, Mr. BLUMENAUER, H.R. 3797: Ms. MATSUI and Mr. MELANCON, Mr. LINCOLN DAVIS of Tennessee, and Mrs. NAPOLITANO. BUTTERFIELD. Mr. SHULER, Mr. KINGSTON, Mr. MATHESON, H.R. 2943: Ms. BORDALLO. H.R. 3807: Mr. WU, Mr. KIND, Mr. KLEIN of Mr. DOYLE, Mr. PALLONE, Mr. SCOTT of Geor- H.R. 3010 Mr. CLEAVER, Mr. TIERNEY, and Florida, and Mr. HONDA. LLSWORTH ILL ALZ gia, Mr. E , Mr. H , Mr. W of Mr. GENE GREEN of Texas. H.R. 3808: Mr. MILLER of Florida, Ms. SHEA- ORDON ATSUI Minnesota, Mr. G , Ms. M , Mr. H.R. 3025: Mr. SERRANO. PORTER, and Mr. PETERSON of Minnesota. KIND, Mr. INSLEE, Mr. SPACE, Ms. BEAN, Mrs. H.R. 3028: Mr. TERRY. H.R. 3812: Mr. LEWIS of Georgia. TAUSCHER, Mr. WILSON of South Carolina, H.R. 3036: Mr. CLAY, Mr. ALLEN, Mr. LEWIS H.R. 3822: Mr. OBERSTAR. Mr. MARSHALL, Ms. SHEA-PORTER, Ms. of Georgia, Ms. BALDWIN, and Mr. ROTHMAN. H.R. 3824: Mr. CROWLEY and Mr. NADLER. WASSERMAN Schultz, and Ms. GIFFORDS. H.R. 3061: Mr. BLUMENAUER. H.R. 3836: Mr. AL GREEN of Texas, Mr. H.R. 1497: Mr. EHLERS, Mr. GILCHREST, and H.R. 3065: Mr. ALLEN. HONDA, Mr. MATHESON, Mrs. NAPOLITANO, and Ms. NORTON. H.R. 3085: Mr. HONDA. Ms. SOLIS. H.R. 1524: Mr. PAYNE, Mr. HINCHEY, Mr. H.R. 3099: Mr. HINCHEY. H.R. 3837: Mr. GUTIERREZ. HOLT, Mr. JOHNSON of Georgia, Mr. MCGOV- H.R. 3119: Mr. OLVER. H.R. 3846: Mrs. CHRISTENSEN, Mr. ELLISON, ERN, Mr. GRIJALVA, and Mrs. MALONEY of H.R. 3132: Mr. SESTAK. Mr. WYNN, Mr. GEORGE MILLER of California, New York. H.R. 3156: Mr. MCCARTHY of California. Mr. CUMMINGS, Mr. AL GREEN of Texas, Mr. H.R. 1532: Ms. SCHAKOWSKY. H.R. 3175: Mr. CAPUANO and Mr. MICHAUD. MCGOVERN, Mr. TOWNS, and Ms. KILPATRICK. H.R. 1540: Mr. LINCOLN DIAZ-BALART of H.R. 3191: Mr. BRADY of Pennsylvania, Mrs. H.R. 3860: Mr. GOODE. Florida and Mr. SHAYS. TAUSCHER, and Ms. SCHAKOWSKY. H.R. 3873: Mr. HINOJOSA. H.R. 1553: Mr. TURNER and Ms. DEGETTE. H.R. 3232: Mr. WU, Mr. TIERNEY, Mr. RA- H.R. 3876: Mr. FILNER and Mr. STARK. H.R. 1589: Mr. WALDEN of Oregon. HALL, Mr. MILLER of Florida, Mr. PRICE of H.R. 3881: Mr. RAMSTAD. H.R. 1619: Mr. BRALEY of Iowa, Mr. HIGGINS, Georgia, Ms. FOXX, Mr. CARNEY, Mr. H.R. 3882: Mr. BOOZMAN. and Mr. KUCINICH. WHITFIELD, Mr. HAYES, Mr. COBLE, Mr. MEEK H.R. 3888: Mr. BONNER and Mr. MANZULLO. H.R. 1650: Mr. PETERSON of Minnesota. of Florida, Ms. BALDWIN, Mr. CLAY, Mr. H.R. 3908: Mr. BROUN of Georgia, Mr. BAR- H.R. 1671: Mr. HIGGINS. JONES of North Carolina, Mr. BLUMENAUER, TON of Texas, Mr. MILLER of Florida, Mr. H.R. 1746: Mr. INSLEE. and Mr. LARSEN of Washington. BURTON of Indiana, Mr. SMITH of Texas, and H.R. 1792: Mrs. MUSGRAVE. H.R. 3251: Ms. DEGETTE. Mr. FRANKS of Arizona.

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H. Con. Res. 122: Mr. MILLER of North Caro- H. Res. 620: Mr. KNOLLENBERG, Mr. FATTAH, ana, Mr. KIRK, Ms. HARMAN, Mr. DAVIS of Il- lina and Mr. COHEN. Mrs. LOWEY, and Ms. LEE. linois, Mr. LINDER, Ms. MATSUI, Ms. JACKSON- H. Con. Res. 125: Mr. MCINTYRE. H. Res. 652: Mr. SCHIFF. LEE of Texas, Mrs. MALONEY of New York, H. Con. Res. 154: Mr. GOHMERT and Mr. H. Res. 684: Mr. MELANCON, Mr. HARE, Mr. Ms. GIFFORDS, Mr. LANTOS, Mr. PALLONE, Mr. SHIMKUS. COOPER, Ms. SUTTON, Mr. SPACE, Ms. CASTOR, HIGGINS, Mr. PAYNE, Mr. PORTER, Ms. NOR- H. Con. Res. 230: Ms. SCHAKOWSKY, Mr. Mr. EMANUEL, Mr. ACKERMAN, Mr. COHEN, TON, Ms. BERKLEY, Ms. WASSERMAN SCHULTZ, HOEKSTRA, Mr. DAVIS of Illinois, Mr. SKEL- and Mr. GRIJALVA. Ms. LINDA T. SAN´ CHEZ of California, Mr. TON, Mr. BOOZMAN, Mr. LINCOLN DAVIS of H. Res. 700: Mr. POE, Mr. TERRY, and Ms. EMANUEL, Mr. MCNULTY, Mr. WEINER, Mr. NOLLENBERG OYLE Tennessee, Mr. K , Mr. D , CASTOR. ISRAEL, Mr. MARKEY, Mr. HOYER, Mr. Mr. MORAN of Kansas, Mr. GOODLATTE, Mr. H. Res. 707: Mrs. CHRISTENSEN. YARMUTH, Ms. SCHAKOWSKY, Mr. CLAY, Mr. SCOTT of Georgia, Mr. MEEK of Florida, Mrs. H. Res. 709: Mr. SESSIONS, Mr. GENE GREEN SHERMAN, Mr. SAXTON, Mr. VAN HOLLEN, Mr. MALONEY of New York, Mr. FRANKS of Ari- of Texas, Mr. CONAWAY, Mr. REYES, Mr. COHEN, Mr. KLEIN of Florida, Mr. CUMMINGS, zona, Mr. HASTERT, Mr. MICA, Mrs. BONO, Mr. RODRIGUEZ, Mr. CARTER, Mr. BRADY of Texas, Mr. GERLACH, and Mr. HODES. CARTER, Mr. ISRAEL, Ms. MCCOLLUM of Min- and Mr. HENSARLING. nesota, Mr. VAN HOLLEN, Ms. EDDIE BERNICE H. Res. 713: Mr. GERLACH. JOHNSON of Texas, Mr. PITTS, Mr. SMITH of H. Res. 715: Ms. BORDALLO, Mr. KIRK, Mr. f Washington, Mr. ROTHMAN, Ms. SHEA-POR- LATHAM, and Mr. BARTLETT of Maryland. TER, Mr. TIAHRT, Mr. BRALEY of Iowa, Mr. H. Res. 726: Mr. RANGEL, Mr. BERMAN, Mr. CONGRESSIONAL EARMARKS, LIM- BARTON of Texas, Mrs. CUBIN, Mr. CUMMINGS, JACKSON of Illinois, Mr. TIERNEY, Mrs. ITED TAX BENEFITS, OR LIM- LOWEY, Ms. WATERS, Ms. ZOE LOFGREN of Mr. RAMSTAD, Mr. LAHOOD, Mr. HOLT, Mr. ITED TARIFF BENEFITS ROSS, Mr. OLVER, Mr. COBLE, and Mr. ROGERS California, Mr. SIRES, and Ms. WASSERMAN of Michigan. SCHULTZ. Under clause 9 of rule XXI, lists or H. Con. Res. 234: Mr. WILSON of South Caro- H. Res. 728: Mr. SHAYS, Mr. MCHENRY, Mr. statements on congressional earmarks, lina, Mr. BERMAN, Mr. SESSIONS, Mr. POM- WESTMORELAND, Mr. WALZ of Minnesota, Mr. limited tax benefits, or limited tariff EROY, Mr. WELLER, Mr. FRANKS of Arizona, PLATTS, Mr. ISSA, Ms. MCCOLLUM of Min- benefits were submitted as follows: Mr. TOWNS, Mr. PAYNE, Mr. BOOZMAN, Mr. nesota, Ms. FOXX, Mr. SALI, Mr. ELLSWORTH, GALLEGLY, Mr. PENCE, Mr. LEVIN, Mr. MARIO Mr. CANNON, Mr. SOUDER, Mr. MICA, Mr. BUR- The amendment to be offered by Rep- DIAZ-BALART of Florida, and Mr. MANZULLO. TON of Indiana, Mr. WALBERG, Mr. DAVID resentative Goodlatte or a designee to H.R. H. Con. Res. 236: Mr. SESSIONS, Mr. DAVIS of Tennessee, Mr. ROSKAM, Mr. 1011—Virginia Ridge and Valley Act of 2007, ROSKAM, Mr. WELLER, Mr. MILLER of Florida, MCCARTHY of California, Mr. STUPAK, Mrs. does not contain any congressional ear- Mrs. CAPPS, Mr. CONAWAY, Mr. GARY G. MIL- MCMORRIS RODGERS, Mr. SHULER, Mr. PITTS, marks, limited tax benefits, or limited tariff LER of California, Mr. RAMSTAD, Mr. LANTOS, Mr. GALLEGLY, Mr. FORTENBERRY, Mr. BAR- benefits as defined in clause 9(d), 9(e), or 9(f) Mrs. BIGGERT, Mr. MANZULLO, Mr. REICHERT, RETT of South Carolina, Mr. CONAWAY, Mr. of rule XXI. Mr. JOHNSON of Illinois, Mr. PENCE, Mr. CARTER, Ms. GINNY BROWN-WAITE of Florida, The amendment to be offered by Rep- ROYCE, Mr. BILIRAKIS, Mr. BOOZMAN, Ms. Mr. CAMPBELL of California, Mr. MARIO DIAZ- resentative Vela´ zquez or a designee to H.R. ˜ ROYBAL-ALLARD, and Mr. FORTUNO. BALART of Florida, Ms. ROS-LEHTINEN, Ms. 3867, the Small Business Contracting Pro- H. Res. 163: Mr. MORAN of Virginia and Ms. FALLIN, Mr. KING of Iowa, Mr. BROUN of gram Improvements Act, does not contain NORTON. Georgia, and Mr. REHBERG. any congressional earmarks, limited tax H. Res. 237: Mr. LAMBORN and Mr. ALTMIRE. H. Res. 730: Mr. TANCREDO and Mr. MARIO benefits, or limited tariff benefits as defined H. Res. 241: Mr. ENGEL. DIAZ-BALART of Florida. in clause 9(d), 9(e), or 9(f) of rule XXI. H. Res. 245: Mr. MATHESON. H. Res. 282: Mr. ALEXANDER. H. Res. 740: Mr. ROTHMAN, Ms. H. Res. 338: Mrs. TAUSCHER. SCHAKOWSKY, Mr. BURTON of Indiana, Mr. f H. Res. 365: Mr. GEORGE MILLER of Cali- DANIEL E. LUNGREN of California, Mr. CUMMINGS, Mr. GRIJALVA, Ms. GIFFORDS, and fornia, Mrs. TAUSCHER, Mr. CARDOZA, Ms. DELETIONS OF SPONSORS FROM SOLIS, Mr. THOMPSON of California, Ms. HAR- Mr. WILSON of South Carolina. PUBLIC BILLS AND RESOLUTIONS MAN, Mr. LANTOS, Mrs. NAPOLITANO, and Mr. H. Res. 744: Mr. HINCHEY, Mr. UDALL of New STARK. Mexico, Ms. BORDALLO, and Mr. WU. Under clause 7 of rule XII, sponsors H. Res. 415: Mr. COHEN. H. Res. 747: Mr. MATHESON. were deleted from public bills and reso- H. Res. 573: Mr. HASTINGS of Florida. H. Res. 751: Mrs. BOYDA of Kansas and Mr. H. Res. 617: Mr. FOSSELLA. SMITH of Nebraska. lutions as follows: H. Res. 618: Mr. CAPUANO, Mr. WU, and Mr. H. Res. 759: Mr. FRANK of Massachusetts, H.R. 3898: Mr. KUHL of New York. SCOTT of Georgia. Mr. SARBANES, Mr. HOLT, Mr. BURTON of Indi- H. Con. Res. 228: Mr. MCCAUL of Texas.

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Vol. 153 WASHINGTON, MONDAY, OCTOBER 22, 2007 No. 160 Senate The Senate met at 2 p.m. and was U.S. SENATE, pared to cast a number of votes prior called to order by the Honorable JIM PRESIDENT PRO TEMPORE, to the Senate recessing for the caucus WEBB, a Senator from the State of Vir- Washington, DC, October 22, 2007. luncheons on Tuesday. ginia. To the Senate: I have had my staff check with the Under the provisions of rule I, paragraph 3, managers of the bill and their staffs, PRAYER of the Standing Rules of the Senate, I hereby and there could be anywhere from one appoint the Honorable JIM WEBB, a Senator The Chaplain, Dr. Barry C. Black, of- from the State of Virginia, to perform the to five votes tonight. It is up to the fered the following prayer: duties of the Chair. managers of this bill. Senators will be Let us pray. ROBERT C. BYRD, advised of that at some subsequent Lord God Almighty, maker of Heaven President pro tempore. time. and Earth, thank You for not leaving Mr. WEBB thereupon assumed the I note the absence of a quorum. us solely to our own resources. You chair as Acting President pro tempore. The ACTING PRESIDENT pro tem- have provided us with the witness of pore. The clerk will call the roll. f nature and the testimony of sacred The assistant legislative clerk pro- scriptures to lead us toward certainty. RECOGNITION OF THE MAJORITY ceeded to call the roll. You protect us from dangers and em- LEADER Mr. REID. Mr. President, I ask unan- power us to run and not grow weary. The ACTING PRESIDENT pro tem- imous consent that the order for the Strengthen our lawmakers for to- pore. The majority leader is recog- quorum call be rescinded. day’s work. Lead them through these nized. The ACTING PRESIDENT pro tem- confused and troubled times to the pore. Without objection, it is so or- road that fulfills Your plans. Bless f dered. them with productivity and progress SCHEDULE f for Your glory. Lord, help them learn Mr. REID. Mr. President, today fol- CHILDREN’S HEALTH CARE AND how to better serve You by serving oth- lowing the remarks of the two leaders, FISA ers. Fill this Chamber with Your pres- the Senate will conduct a period of ence and our Senators with super- Mr. REID. Mr. President, I am so morning business for 1 hour. The time natural power to discern and do Your pleased the Presiding Officer is the jun- in morning business will be equally di- will. Enable them to live out their lives ior Senator from the State of Virginia. vided and controlled between the lead- in the spirit of unselfish service. I don’t believe there is a Senator dur- ers or their designees. The Senate will We pray in Your loving Name. Amen. ing these last 9 months who has added then resume the Labor appropriations more structure to the Iraq debate than bill. f the Senator from Virginia. I say that ORDER OF PROCEDURE because today I received a call from PLEDGE OF ALLEGIANCE I ask unanimous consent that after the Director of the Office of Manage- the morning business time has expired, ment and Budget, Mr. Nussle, who said: The Honorable JIM WEBB led the whatever time Senator MCCONNELL and I am going to send you the rest of the Pledge of Allegiance, as follows: I may use will not be deemed to go supplemental appropriations bill for I pledge allegiance to the Flag of the against the morning business for other the war in Iraq. I said: Thank you very United States of America and to the Repub- Senators. much. lic for which it stands, one nation under God, The ACTING PRESIDENT pro tem- We are now being asked to appro- indivisible, with liberty and justice for all. pore. Without objection, it is so or- priate another $200 billion for 2008 for dered. the war in Iraq. Another $200 billion. f Mr. REID. Mr. President, last Friday That is $200 billion on top of the $450 there was a 1 p.m. filing deadline for billion in the Defense appropriations APPOINTMENT OF ACTING first-degree amendments to the bill. bill. That is $650 billion—none of it PRESIDENT PRO TEMPORE Today we should have a good idea of paid for. The entire war in Iraq has The PRESIDING OFFICER. The which amendments will be offered and been paid for with borrowed money. We clerk will please read a communication will require rollcall votes. The Senate are borrowing money from China, to the Senate from the President pro will vote today at 5:30 and there could India, Saudi Arabia, Japan, and Mexico tempore (Mr. BYRD). be more than one rollcall vote. We will to finance this war. The assistant clerk read the fol- complete action on this bill tomorrow When we sent a bipartisan—and I lowing letter: morning, so Members should be pre- mean bipartisan—children’s health

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

S13169

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VerDate Aug 31 2005 01:06 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A22OC6.000 S22OCPT1 bajohnson on PROD1PC71 with SENATE S13170 CONGRESSIONAL RECORD — SENATE October 22, 2007 care bill to the President, it was paid The first elected job I had in the redeployment and change in strategy for. It was bipartisan. We had some of State of Nevada was for a county hos- that is long overdue. the most conservative Members of the pital, an indigent hospital, frankly. I wish to comment on FISA, which Senate supporting the Children’s One of the problems we had was chil- has gotten so much attention. We will Health Initiative. Senator GRASSLEY dren who were uninsured. It is still continue to stand up for the American from Iowa, Senator HATCH from Utah that way. It is still that way. This is a people. We will continue to do the best were the leaders, two of the leaders in program that would allow children who we can to revise and improve the FISA moving this forward, a bill to provide are sick or injured to go to a hospital— bill. It is important that we do that. health care for kids. that hospital, the one where I was, now The Foreign Intelligence Surveillance It was so important when this bill the University Medical Center—and the Act is so important. It has been good passed 10 years ago on a bipartisan children’s bills would be paid for by an for this country for many decades. We basis, children’s health. Why did it insurance company. If not, those chil- need to update that. We all agree it is pass? Because we found there were chil- dren who have no insurance come to important to improve the temporary dren who did not qualify for Medicaid. the facility, and who pays for that? surveillance law the President signed The poorest of the poor get Medicaid. You do. I do. Everybody in this room in August by enacting new legislation We found there were a number of chil- pays for it, because their health insur- that provides strong intelligence tools dren whose parents didn’t make much ance costs more money because of indi- to fight terrorism while protecting the money—100 percent of poverty, 200 per- gent care. Taxes are raised to take care privacy of law-abiding citizens. There cent of poverty. Therefore, we passed a of indigents’ health care. Insurance is no contradiction between security bill for these children who had fallen premiums are raised to take care of all and liberty. We can fight terrorism through the cracks so they would be this. It affects us all. It is a very poor without compromising liberty and the able to have some health insurance. quality of care. values embedded in our Constitution. Did it cover all children? No. But it The President had the audacity to Last Thursday, Senator ROCKE- covered a lot of the children who need- say not long ago that everybody has in- FELLER and the Intelligence Com- ed help. By the time 10 years had gone surance, in effect. They can go to an mittee, on a bipartisan basis with Sen- by, 61⁄2 million children were covered. emergency room if they are sick. The ator BOND, took a step toward improv- This bipartisan, bicameral piece of most inadequate care is administered ing the flawed surveillance law the legislation that passed here would pro- in emergency rooms because it is not President signed in August. I appre- vide for another 4.4 million children, set up to be the family physician. ciate the hard work of Chairman for a total of 10 million children who Every dime of the money for the ROCKEFELLER and Vice Chairman BOND would qualify for this program. Ninety- Children’s Health Initiative was paid and the members of the committee in two percent of the children were on for. It is no wonder the American peo- seeking to address the complex issues this program when the President ve- ple are frustrated. We have been fight- that are at stake. toed it. Ninety-two percent of them ing for America’s priorities while the In the coming days, other Senators were 200 percent above poverty. How President continues investing only in will examine in great detail the work much is that? It is debatable how much his failed war strategy, and he wants us of the Intelligence Committee. I am it is but about $35,000. How would par- to come up with another $200 billion sure other Senators will weigh in with ents with two children pay for health and sign off on it. That is what he said ideas for defining and improving the insurance? The average cost of health today. He gave his press statement legislative efforts, so that all Ameri- insurance for a family of 4 is $1,500 a today and he said: Those people who cans can have high confidence in the month, $18,000 a year for health insur- won’t sign off on this bill immediately effectiveness and constitutionality of ance for their children. When they only are not for the troops in Iraq. Isn’t this our intelligence tools. In particular, make $35,000 a year, half of their in- getting to be a little old? Pretty soon the Senate Judiciary Committee has come would go for health insurance. we will be approaching the sixth year shared jurisdiction over the FISA law There would be no money left for gro- of this. and is going to mark up the Intel- ceries. Also, they have to pay taxes, This war is costing the American ligence Committee bill. The Judiciary fuel costs, a place to live. So this is the people three-quarters of a trillion dol- Committee has an important role to group of people whom Congress decided lars, money borrowed from other coun- make sure the final product protects to help. tries. This is so even as his own Pen- the constitutionally and the legally What did the President and his peo- tagon leadership is now on record say- sound basis that the Intelligence Com- ple do? They came back and said it is ing our ground forces are stretched mittee sought. a socialized medicine program. I don’t dangerously thin because of the cur- Mr. President, I believe the adminis- know what that was supposed to mean, rent Iraq strategy. GEN Casey told tration has chosen again to stonewall because the program is private insur- Congress very recently: Congress from finding the information ance. The States issue the amount of The Army is out of balance and the current and documents needed for Congress to money they have to health insurance demand for our forces exceeds the sustain- properly consider this legislation. Re- companies, and the kids who are cov- able supply. We are consumed with meeting member, the Intelligence Committee ered are privately insured there. The the demands of the current fight and are un- said we are not going to deal with im- President is so far off base. He and his able to provide ready forces as rapidly as munity until we look at those docu- people also said one of the Congress- necessary for other potential contingencies. ments. They were able to look at the men from Nevada agreed with the This is the man who is in charge of documents with nothing preconceived. President, and he couldn’t support this the Army, the Secretary of the Army. They had the opportunity to look at because it helped illegal aliens. That is He takes care of the Army. He is the those with no—I have talked to Sen- factually baseless, meaning not 1 per- commander of the Army. I don’t re- ator ROCKEFELLER, and there was no cent of that statement is correct. In member the title; I have lost it mo- agreement between the administration fact, in the legislation that was vetoed mentarily. But he is the guy in charge. and the Intelligence Committee as to by the President, a child who is an im- He certainly should know. The Iraq what would happen if they looked at migrant would have to have been le- war is leaving us less secure and unpre- those documents. gally in the United States for 5 years pared to fight an effective war on ter- Here is why I am so disturbed. The before they qualified. Therefore, the ror and spawning the unexpected. And White House said, on October 19, program would not even cover legal the unexpected can come at any time. through their advocate, Dana Perino— immigrants, unless they have been That is the world in which we live. the question was asked: here 5 years. It was totally paid for, President Bush should not expect Con- I’m wondering if, in general terms, you can unlike the Iraq war. It was all paid for. gress to rubberstamp this latest sup- describe those documents and perhaps lay Because of the President’s hard- plemental request. We will not do that, out who else in Congress he may allow to see heartedness, in the State of Nevada, far Mr. President. them? more than 100,000 will be eliminated In the coming weeks, we will hold it ‘‘He’’ meaning the President. from the program. up to the light of day and fight for the Here is what she said:

VerDate Aug 31 2005 01:06 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G22OC6.016 S22OCPT1 bajohnson on PROD1PC71 with SENATE October 22, 2007 CONGRESSIONAL RECORD — SENATE S13171 The Senate Intelligence Committee . . . Also, just as important, other than The assistant legislative clerk pro- had showed a willingness to want to include those five points, it increases oversight ceeded to call the roll. in their legislation retroactive liability pro- and accountability by expanding the Mr. LEAHY. Mr. President, I ask tection for companies that were alleged to unanimous consent that the order for have helped the United States in the days requirements in the semiannual report after 9/11. Because they were willing to do submitted to the congressional Intel- the quorum call be rescinded. that, we were willing to show them some of ligence and Judiciary Committees on The ACTING PRESIDENT pro tem- the documents they asked to see. intelligence collecting that is author- pore. Without objection, it is so or- Mr. President, JAY ROCKEFELLER told ized by the act. It also requires the dered. me within the past hour that there was head of elements of the Intelligence Mr. LEAHY. Mr. President, I ask no preconceived agreement at all. They Committee acting under their author- unanimous consent that I be able to wanted to see the document to find out ity to conduct yearly audits of intel- speak for 6 minutes. what they should do legislatively. ligence collection. Third, it requires The ACTING PRESIDENT pro tem- She says: the inspectors general of the Depart- pore. Without objection, it is so or- dered. But to the extent of anyone else being able ment of Justice and the Intelligence to see the documents, I think we will wait Committee to review the use of the f and see who else is willing to include that new authority with respect to ref- TRIBUTE TO THE HONORABLE provision in the bill. erences to U.S. persons’ identities and JAMES L. OAKES I want the record to be very clear communications. And it grants limited Mr. LEAHY. Mr. President, last that the Judiciary Committee should immunity from potential liability to be able to see those documents. How week, I had a long talk with Mara Wil- any telecommunications company that liams, the wife of former U.S. Court of else can they make a judgment as to may have assisted the Government in what they should do legislatively? Appeals Judge James Oakes. Jim, who the aftermath of September 11. That is had served as Vermont’s attorney gen- They should not have to make some why it is so vitally important that the deal with the White House that ‘‘we eral, as our Federal district judge, and Judiciary Committee and the respec- will let you look at these, but we will with distinction as chief judge of the tive House committees see what the In- write the legislation for you.’’ That is Second Circuit, had died the previous telligence Committee saw without any wrong. I think it is very clear that the weekend at the age of 83. preconceived arrangements by the House committees of jurisdiction Mara told me how the family had White House. Five, it sets forth the should also see those documents. It is been with Jim a few days before he procedures so that the Federal courts absolutely wrong for the White House died, and we then talked about the leg- to say, I repeat, that they will let you can review an attorney general certifi- acy he left. look at these, but only if you will agree cation to determine whether the elec- I spoke of knowing Jim for 40 years, to sign this legislation or you give tronic communication service provider and how I, and my family of lifelong your approval of the legislation. acted within specific orders and in ac- Democrats, had voted for him for at- We can’t do that. cordance with the certification as di- torney general and had hoped he might On Friday, the White House Press rectly prescribed by statute. Finally, it be our Governor. As it turned out, the Secretary said the key documents sets a 6-year sunset to allow Congress country was far better off having him would be held out to the congressional to evaluate the new authority to be on the Second Circuit Court of Appeals, committees as a prize for anyone will- carried out, should any of this be and would have been even better off ing to commit to a specific legislative changed. That is why we have joint re- had he been elevated to the Supreme path. That is an insult to the American ferral, to have the Judiciary Com- Court, a position he would have held people and to Congress. mittee take a look at this. with great distinction. I repeat in the most emphatic terms The Intelligence Committee has We all knew of Jim’s legal mind and that the administration must turn over worked hard to come up with what great ability, his dedication to public these documents to the Senate Judici- should be the final legislation that service, his wonderful sense of humor, ary Committee and to the relevant comes to the floor. Finally, the House and his love for his family, but I knew House committees to do their business passes legislation, and we work it out him especially as a man with a great as they must, and they must do so im- in conference. and good conscience. mediately. We want to move forward. It is im- Jim Oakes epitomized the role of We believe this administration portant to do that. We acknowledge judge as the protector of our funda- should move forward quickly. I would that. I think it is so wrong that the mental rights. A decade ago he noted like to do it before Thanksgiving. Why White House is saying: You can do this that he was a person who ‘‘still do I want to do that? This legislation but only as we tell you how it can be believe[d] that a federal judge can which came out of the Intelligence written; otherwise, we are not going to make a difference and—in cases of ex- Committee is good. It strengthens our show you the documents treme necessity where basic rights are national security. It provides the Intel- That is defenseless on the part of the being infringed—should make a dif- ligence Committee the tools it needs to White House. ference when the rest of our political go after foreign terrorists and other f structure bogs down.’’ This apprecia- threats to the American security. tion for the role of judicial independ- Does this mean the Judiciary Com- RESERVATION OF LEADER TIME ence is something we must admire and mittee cannot improve the legislation? The ACTING PRESIDENT pro tem- remember. I am confident that perhaps they can. pore. Under the previous order, leader- We worked together when he was at- Is the Intelligence Committee’s work ship time is reserved. torney general and I was State’s attor- the know-all and do-all? No. That is f ney, and I particularly remember one why we had joint referral. But it is a very difficult and tragic murder case good piece of legislation. It gives bet- MORNING BUSINESS where we were able to forge an unprec- ter protection for America and in- The ACTING PRESIDENT pro tem- edented use of a grand jury to bring creases the role of the Foreign Intel- pore. Under the previous order, there about justice when it looked like that ligence Surveillance Court. Two, it re- will now be a period for the transaction would not have been possible. We quires court approval to target U.S. of morning business until 3 p.m., with talked about that as recently as a cou- persons overseas. Three, it explicitly Senators permitted to speak therein ple of years ago, but then, with Jim, we prohibits targeting any person reason- for up to 10 minutes each, with the could pick up a conversation from ably believed to be in the United time equally divided and controlled be- where we had left off 6 months before States. Four, it eliminates ambiguous tween the two leaders or their des- when we had last seen each other. language on warrantless domestic ignees. Fran Lynggaard Hansen quoted his searches. Five, it states the exclusive Mr. REID. Mr. President, I suggest eldest daughter, Cynthia Meketa, as means by which electronic surveillance the absence of a quorum. saying: and interception of domestic commu- The ACTING PRESIDENT pro tem- He had a very high intellect, but he was nications may be conducted. pore. The clerk will call the roll. never a snob. He had ups and downs in his

VerDate Aug 31 2005 01:06 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G22OC6.017 S22OCPT1 bajohnson on PROD1PC71 with SENATE S13172 CONGRESSIONAL RECORD — SENATE October 22, 2007 early life and always identified with every- scandal, he used adhesive tape to cover the Mr. HARKIN. Mr. President, I ask body, the cashier at the bank, the guy at the signatures of President Nixon and Attorney unanimous consent that the order for market, the man working at the dump. . . . General John N. Mitchell on the judicial the quorum call be rescinded. But that was who he was, kind, generous to commission that hung in his chambers, one people who needed a helping hand. He was a of his former clerks, Paul M. Smith, re- The ACTING PRESIDENT pro tem- sentimental softie and loved to be a mentor called. pore. Without objection, it is so or- to people, especially his law clerks, shep- Judge Oakes’s name soon became synony- dered. herding their careers along. mous in some circles with liberal jurispru- My good friend, Judge Garvan Mur- dence. In 1981, he attracted the attention of f a young lawyer in the Reagan administra- tha, said: tion named John G. Roberts Jr. Mr. Roberts, He was never afraid to stand up for the who is now the chief justice of the United CONCLUSION OF MORNING rights for others and to name what was States, told his superiors, according to The BUSINESS wrong. He was a brilliant, caring, funny man Washington Post, that a civil rights policy and appreciative of people. . . . He was a The ACTING PRESIDENT pro tem- he advocated was reasonable because ‘‘even pore. Morning business is closed. very wise man. . . . In the Pentagon Papers such an extreme liberal’’ as Judge Oakes had case, he was dissenting, so he ended up on approved it. the wrong side of the Court of Appeals, but The Second Circuit is based in Manhattan, f the Supreme Court ended up agreeing with and it hears appeals from New York, Con- him. necticut and Vermont. Judge Oakes’s cham- DEPARTMENTS OF LABOR, His daughter Betsy Oakes said: bers were in Brattleboro, Vt., and he visited HEALTH AND HUMAN SERVICES, I think everyone who loved and admired New York to hear arguments and to confer with his colleagues. After his service as chief AND EDUCATION APPROPRIA- my father will want to carry on his tremen- judge ended in 1992, he assumed senior sta- TIONS ACT, 2008 dous spirit of social justice. tus, a sort of semi-retirement. The ACTING PRESIDENT pro tem- Mara tells me of the love all the fam- Besides his wife, of Brattleboro, survivors ily had for Jim—and I know the love he include a brother, John D. F. Oakes of pore. Under the previous order, the had for her, his three children, four Wayne, Pa.; three children from an earlier Senate will resume consideration of stepchildren, grandchildren, and his marriage, Cynthia O. Meketa of Bonsall, H.R. 3043, which the clerk will report. brother. Calif., Elizabeth H. Oakes of Baltimore, and The legislative clerk read as follows: Adam Liptak wrote of Judge Oakes James L. Oakes of Fairfield, Conn.; and six A bill (H.R. 3043) making appropriations grandchildren. in the New York Times, and I ask In both his judicial and scholarly work, for the Departments of Labor, Health and unanimous consent that his article be Judge Oakes advocated environmental pro- Human Services, and Education and related agencies for the fiscal year ending Sep- printed in the RECORD. tections, procedural rights for people ac- There being no objection, the mate- cused of crimes, free speech, open govern- tember 30, 2008, and for other purposes. rial was ordered to be printed in the ment and limits on intellectual property Pending: RECORD, as follows: laws. Harkin/Specter amendment No. 3325, in the Among the rulings he was proudest of, his nature of a substitute. [From the New York Times, Oct. 16, 2007] law former clerks said, were a 1980 decision Vitter amendment No. 3328 (to amendment JAMES L. OAKES DIES AT 83; NIXON CHOICE upholding regulations barring sex discrimi- No. 3325), to provide a limitation on funds FOR FEDERAL BENCH nation in education, a 1987 decision applying with respect to preventing the importation (By Adam Liptak) the principle of one-person-one-vote to New by individuals of prescription drugs from James L. Oakes, who was appointed to the York City’s Board of Estimate, and a 2000 de- Canada. federal appeals court in New York by Presi- cision allowing illegal immigrants to chal- Dorgan amendment No. 3335 (to amend- dent Richard M. Nixon and yet quickly be- lenge deportation orders in court. All three ment No. 3325), to increase funding for the came one of its leading liberal voices, died decisions were affirmed by the Supreme State Heart Disease and Stroke Prevention on Saturday in Martha’s Vineyard, Mass. He Court. was 83. Judge Oakes especially prized the Supreme Program of the Centers for Disease Control His death was reported by his wife, Mara Court’s vindication of his 1971 dissent in the and Prevention. Williams Oakes, who said it followed a brief Pentagon Papers case, two of his former Dorgan amendment No. 3345 (to amend- illness. clerks, Kathleen M. Sullivan and William ment No. 3325), to require that the Secretary Judge Oakes served for 36 years on the Treanor, wrote in The New York Law Jour- of Labor report to Congress regarding jobs court, the United States Court of Appeals for nal in March. The majority in the Second lost and created as a result of the North the Second Circuit. He was its chief judge Circuit had blocked the publication of the American Free Trade Agreement. from 1988 to 1992. papers, a secret history of the Vietnam War Menendez amendment No. 3347 (to amend- Scholarly and gregarious, Judge Oakes in- obtained by The New York Times. The Su- ment No. 3325), to provide funding for the ac- sisted in his decisions, speeches and writings preme Court reversed that decision. tivities under the Patient Navigator Out- that judges should never shy away from pro- ‘‘The press should not be regarded only as reach and Chronic Disease Prevention Act of tecting fundamental rights. a check on inefficient or dishonest govern- 2005. He had little patience, he wrote in a 1997 ment,’’ Judge Oakes said in a 1982 lecture on Ensign amendment No. 3342 (to amendment article in The Columbia Law Review, for the legacy of the Pentagon Papers case. ‘‘It No. 3325), to prohibit the use of funds to ad- politicians who attacked such rulings as im- is important that it also be viewed as a pow- minister Social Security benefit payments proper activism. Historic moments, he erful vehicle for the effective functioning of under a totalization agreement with Mexico. added, sometimes required judges to act a government that by definition is demo- Ensign amendment No. 3352 (to amendment ‘‘when the rest of our political structure cratic in nature.’’ That required, he said, a No. 3325), to prohibit the use of funds to proc- bogs down.’’ near-absolute ban on prior restraints on pub- ess claims based on illegal work for purposes In this sense, he was, he wrote, ‘‘old-fash- lication of news articles. of receiving Social Security benefits. ioned—fashioned from the thirties of the Justice Ruth Bader Ginsburg said in a Lautenberg/Snowe amendment No. 3350 (to Great Depression, the forties of war and the statement yesterday that Judge Oakes was amendment No. 3325), to prohibit the use of Holocaust and fascism, the fifties of the cold the ‘‘model of what a great judge should be— funds to provide abstinence education that war and McCarthyism and Little Rock, and learned in the law, but ever mindful of the includes information that is medically inac- the sixties of the civil rights movement, the people law exists to service.’’ curate. assassinations and the would-be Great Soci- Judge Oakes could be prescient. He dis- Roberts amendment No. 3365 (to amend- ety.’’ sented from a 1979 decision endorsing the use ment No. 3325), to fund the small business James Lowell Oakes was born in Spring- of an anonymous jury in an organized crime field, Ill., on Feb. 21, 1924. child care grant program. trial. The decision, he said, was ‘‘without Reed amendment No. 3360 (to amendment After graduating from Harvard College and precedent in the history of Anglo-American Harvard Law School, Mr. Oakes served as a No. 3325), to provide funding for the trauma jurisprudence’’ and ‘‘strikes a Vermont judge and emergency medical services programs law clerk to Harrie B. Chase, a Vermont as bizarre, almost Kafka-esque.’’ judge who sat on the court that Mr. Oakes He added, correctly, as it turned out, that administered through the Health Resources would one day join. other courts would follow the precedent as and Services Administration. Mr. Oakes then spent two decades prac- surely as ‘‘a flock of sea gulls follows a lob- Allard amendment No. 3369 (to amendment ticing law and working in the state govern- ster boat.’’ No. 3325), to reduce the total amount appro- priated to any program that is rated ineffec- ment in Vermont. In the 1960s, he served for Mr. LEAHY. Mr. President, I yield four years in the State Senate and two as the tive by the Office of Management and Budget state attorney general. President Nixon the floor and suggest the absence of a through the Program Assessment Rating made him a federal district judge in quorum. Tool (PART). Vermont in 1970 and elevated him to the ap- The ACTING PRESIDENT pro tem- Coburn amendment No. 3358 (to amend- peals court in 1971. pore. The clerk will call the roll. ment No. 3325), to require Congress to pro- But Judge Oakes was not proud of the con- The assistant legislative clerk pro- vide health care for all children in the U.S. nection. In the years after the Watergate ceeded to call the roll. before funding special interest pork projects.

VerDate Aug 31 2005 02:47 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G22OC6.020 S22OCPT1 bajohnson on PROD1PC71 with SENATE October 22, 2007 CONGRESSIONAL RECORD — SENATE S13173 Brown/Webb amendment No. 3361 (to modified by amendment 3445; further I practice has been to have a single vote amendment No. 3325), to provide information ask that there be a 2-minute period of on Monday evenings at 5:30. We have to schools relating to the prevention of vio- time before each amendment for debate two votes lined up, and we know many lent events and other crisis situations. on both sides; and furthermore, I ask Senators will have other commitments, Mr. HARKIN. Mr. President, as you unanimous consent that no second-de- which is customary for Monday stated, we are back on the Labor, gree amendments be allowed prior to evening. But they cannot be fulfilled Health and Human Services, Education the vote on either one of those two unless we conclude the business of the appropriations bill. We had a good 2 amendments. Senate, at least moving along so that days last week on it and amendments The ACTING PRESIDENT pro tem- we have within striking distance the were disposed of. pore. Without objection, it is so or- prospect of concluding the bill by noon We now have a whole series of pend- dered. tomorrow. ing amendments. Right now, Senator Mr. HARKIN. We will proceed to vote Senators who have any debate or who SPECTER and I have been working, our at 5:30 on those two amendments. Then have lodged objections to any pending staffs have been working, to try to get we will have to see whether we can amendments should come to the floor these amendments cleared. That work work out clearance on some of these now so they can be heard. If they don’t, is continuing. other amendments so we won’t have we won’t be in a position to consider As the leader said, we will have votes any other votes tonight. But if we their objections at a later time and today starting at 5:30. We have two don’t, we will have to roll into a whole still move the bill through to comple- amendments. I ask unanimous consent series of votes this evening. We have to tion by noon tomorrow. that the Senate proceed to vote on do this, if we want to finish by noon to- Mr. HARKIN. Mr. President, if my these two amendments at 5:30, one fol- morrow. Both leaders on Thursday friend will yield, I concur with what lowing the other. made a commitment that we would fin- Senator SPECTER said. The list of That would be the Allard amendment ish this bill by Tuesday at noon. If we amendments I read is the list of No. 3369, and the Dorgan amendment are going to do that, I see no way other amendments that is pending at the No. 3335, as modified by amendment than having votes tonight or getting desk that we could call up to vote on. No. 3445. So we would go to those two the sides to agree on the acceptance of We could do that this evening. There is amendments in order at 5:30. these amendments. a bunch of other amendments that Sen- But I want to make it clear that if Senator SPECTER and I have agreed ators have said they are going to offer we do not reach an agreement on a on a number of these amendments to that we have on our list but they whole host of other amendments that get them worked out, but they are haven’t been offered yet. Senator SPEC- are pending, we could roll into a whole being held up in other places. I under- TER is absolutely right, Senators could series of votes. stand that. That is the privilege of any find themselves in a crunch where I want to read those off so people Senator. But hopefully, we can get this there is no time left to offer these know what they are. First, there is the worked out, and we won’t have to have amendments by noon tomorrow. So if amendment by Senator VITTER, No. that many amendments this evening. they want to get their amendments 3328, dealing with importation of drugs With that, I yield the floor. considered, now is a good time. They from Canada; there is a Dorgan amend- The ACTING PRESIDENT pro tem- could get recognized right away. ment, No. 3345, relating to the NAFTA pore. The Senator from Pennsylvania. I may have misstated something ear- trade agreement; there is the Senator Mr. SPECTER. Mr. President, I lier in my unanimous consent request. MENENDEZ amendment, No. 3347, pro- thank the distinguished chairman for I want to be clear that I asked unani- viding funding for the Patient Navi- the work he has done, and our staffs, mous consent that the Dorgan amend- gator Program; an amendment by Sen- bringing the bill to this posture. We ment 3335 be modified by 3445. The ACTING PRESIDENT pro tem- ator ENSIGN, No. 3342, dealing with So- are within striking distance of con- pore. Without objection, the amend- cial Security benefit payments with cluding it. As Senator HARKIN has out- ment is so modified. Mexico; there is a Senator ENSIGN lined, there is a commitment to finish The amendment, as modified, is as amendment, No. 3352, again dealing by noon tomorrow. The managers have follows: with Social Security benefits and ille- been on the floor since shortly after 3, At the appropriate place in title II, insert gal workers; there is a Lautenberg/ when under previous arrangement this the following: Snowe amendment, No. 3350, to pro- bill was called up, and there are no SEC. ll. (a) In addition to amounts other- hibit the use of funds dealing with ab- other Senators present now. I know wise appropriated under this Act, there is ap- stinence education; there is a Senator Senator HARKIN would join me in urg- propriated, out of any money in the Treas- ROBERTS amendment, No. 3365, to fund ing Senators to come to the floor. Any- ury not otherwise appropriated, an addi- the Small Business Child Care Grant body who wants to debate an amend- tional $3,000,000 for the Centers for Disease Control and Prevention to make grants Program; Senator REED’s amendment ment ought to come to the floor under the State Heart Disease and Stroke No. 3360 providing funding for trauma promptly. We will find as the hour of Prevention Program. in emergency medical services pro- 5:30 approaches, Senators will come in (b) Amounts made available under this Act grams; there is a Coburn amendment, when we are about ready to vote, when for consulting services for the Department of No. 3358, that would end all earmarks there is not any time to debate change. Labor, the Department of Health and Human before every kid in America has health Senators will want to find time. Now is Services, and the Department of Education care; then there is the Brown-Webb the time for Senators to come to the shall be further reduced on a pro rata basis by the percentage necessary to decrease the amendment, No. 3361, providing infor- floor who want to debate. overall amount of such spending by mation to schools relating to the pre- I also supplement what Senator HAR- $3,000,000. vention of violent events and other cri- KIN said to this effect: There are a The ACTING PRESIDENT pro tem- sis situations. number of amendments, as the chair- pore. The Senator from Pennsylvania. So all of those amendments are pend- man has stated, that have been cleared. Mr. SPECTER. May the record show ing. I mean, they are at the desk, they Some Senators have raised objections. that the only two Senators on the floor are pending, and can be called up. It is their right to raise objections, but are the two managers. Again, we renew Quite frankly, as the chairman and as frequently happens, once there is our request, anybody who has any de- floor manager, if we don’t reach agree- discussion, arrangements can be bate they want to offer, amendments ment on them, it is my intention that worked out to clear them. It is our they want to offer, or objections they we roll over into those votes tonight. view, Senator HARKIN’s and mine, but- want to raise to any pending amend- Again, with the concurrence of my tressed by staff negotiations, that ments ought to come to the floor ranking member, I ask unanimous con- these matters can be cleared. But they promptly. sent that at 5:30 the Senate proceed to will take some time. We do not want to In the absence of any other Senator vote on or in relation to the Allard get into a situation where at 5:50 to- seeking recognition, I suggest the ab- amendment No. 3369; then when that is night after the first vote, there is sence of a quorum. disposed of, a vote on or in relation to lengthy consideration as to what we The ACTING PRESIDENT pro tem- the Dorgan amendment No. 3335, as are going to be doing at that time. The pore. The clerk will call the roll.

VerDate Aug 31 2005 01:06 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G22OC6.022 S22OCPT1 bajohnson on PROD1PC71 with SENATE S13174 CONGRESSIONAL RECORD — SENATE October 22, 2007 The legislative clerk proceeded to is a commonsense amendment to a Mr. SPECTER. Mr. President, I ask call the roll. problem we need to address. We wish to unanimous consent that the order for Mr. ALLARD. Mr. President, I ask make sure our taxpayer dollars are the quorum call be rescinded. unanimous consent that the order for being used in a way that can be de- The PRESIDING OFFICER. Without the quorum call be rescinded. scribed as effective. That is the ideal objection, it is so ordered. The ACTING PRESIDENT pro tem- situation. Mr. SPECTER. Mr. President, a little pore. Without objection, it is so or- Certainly those programs that are over an hour ago, Senator HARKIN, the dered. classified as ‘‘ineffective’’ you have to distinguished chairman of the sub- AMENDMENT NO. 3369 question. Even though there has been a committee, and I urged Senators who Mr. ALLARD. Mr. President, it is my mission drawn out that may be some- wanted to debate amendments to come understanding at 5:30 this evening we what appealing, when you get right to the floor or Senators who had objec- are going to have a vote on my amend- down into the workings of the agency tions to pending amendments to come ment, the Allard amendment No. 3369. I and nothing much is happening to ac- to the floor to utilize the time before wish to take a few moments to review complish the goals and objectives the the 5:30 vote. with my colleagues the amendment, Congress had in mind at the time it The managers, Senator HARKIN and I, and then I understand before we have passed the legislation, those particular have been on the floor continuously the vote I can briefly describe the programs rated as ‘‘ineffective’’ is since shortly after 3 p.m., when the bill amendment again. where my particular amendment is tar- was called back to the floor for consid- The Office of Management and Budg- geted. I think this is a commonsense eration, and we know from practice, re- et reviews Federal spending programs amendment that brings some fiscal grettably, that when the vote starts at with a nonpartisan analysis to deter- sanity to the process. I urge my col- 5 p.m. or 6 p.m. or about 5:45 or 10 min- mine what taxpayers are receiving as leagues to join me in voting for the utes to 6, people will want floor time far as the value of the taxpayers’ dol- amendment when we vote on it at 5:30 and have a great deal to say, and then lars is concerned. This program is this evening. we will be unable to accommodate all called the Program Assessment Rating So, Mr. President, having said that, I of the Senators who want to act on the Tool or PART. They utilize the same yield the floor and suggest the absence bill. Senator HARKIN outlined at the procedures that business executives use of a quorum. outset the two votes which will begin frequently to determine whether their The ACTING PRESIDENT pro tem- at 5:30 and said that there was the pros- company is meeting specific goals. pore. The clerk will call the roll. pect of substantial additional voting In this particular instance, the Con- The legislative clerk proceeded to tonight, if we were unable to clarify gress has directed the agencies to put call the roll. where we stand, because of our target in place a similar system where they Mr. CHAMBLISS. Mr. President, I to conclude this bill by noon tomorrow, set up goals and objectives and then de- ask unanimous consent that the order which is the target established by the termine through that process whether for the quorum call be rescinded. leaders and by the managers of this the program is ‘‘effective,’’ ‘‘mod- The PRESIDING OFFICER (Mr. bill. erately effective,’’ ‘‘adequate,’’ ‘‘the re- SALAZAR). Without objection, it is so So at this point, at 4:50, I would sults are not demonstrated’’—they ordered. renew the request that Senators who have not made the effort yet—or the AMENDMENT NO. 3391, AS MODIFIED, TO want to debate, who want to take up AMENDMENT NO. 3325 last category would be ‘‘ineffective.’’ any action on the bill, or want to dis- Well, a small percentage of programs Mr. CHAMBLISS. Mr. President, I cuss any of the pending amendments receive an ‘‘ineffective’’ rating. Pro- ask unanimous consent to temporarily where objections have been lodged, grams receiving this rating are not, ac- set aside the pending amendment and come to the floor now while we have cording to OMB, using your tax dollars call up amendment 3391 and that it be the time to transact that business. effectively. As they elaborate on the modified with the changes at the desk. Mr. President, in the absence of any The PRESIDING OFFICER. Without PART Web site at ‘‘expectmore.gov’’: other Senator on the floor seeking rec- objection, the clerk will report. ognition—in fact, in the absence of any Ineffective programs have been unable to The assistant legislative clerk read achieve results due to a lack of clarity re- other Senator on the floor—Senator garding the program’s purpose or goals, poor as follows: HARKIN is in the cloakroom ready to management, or some other significant The Senator from Georgia [Mr. CHAMBLISS] come to the floor to transact business weakness. proposes an amendment numbered 3391, as if any Senator wants to do so, but in modified, to amendment No. 3325. Now, my amendment cuts 10 percent the absence of any such Senator, I sug- of the funding under this bill for pro- Mr. CHAMBLISS. Mr. President, I gest the absence of a quorum. grams labeled ‘‘ineffective’’ under the ask unanimous consent that the read- The PRESIDING OFFICER. The OMB PART program and transfers the ing of the amendment be dispensed clerk will call the roll. funding to an account previously estab- with. The bill clerk proceeded to call the lished to pay down the national debt. The PRESIDING OFFICER. Without roll. This amendment is supported and objection, it is so ordered. Mr. DORGAN. Mr. President, I ask The amendment is as follows: scored by the National Taxpayers unanimous consent that the order for Union and Citizens Against Govern- At the appropriate place in title II, insert the quorum call be rescinded. the following: The PRESIDING OFFICER. Without ment Waste. SEC. ll. The Secretary of Health and We are not ending any programs or Human Services shall waive the provisions of objection, it is so ordered. zeroing out any agencies. All we are section 1877(g) of the Social Security Act (42 AMENDMENT NO. 3345 doing is taking one dollar in ten from U.S.C. 1395nn(g)) for Sumter Regional Hos- Mr. DORGAN. Mr. President, I have programs that cannot justify their ef- pital in Americas Georgia to provide finan- an amendment I have offered, and it is fectiveness and using it to begin to ad- cial support needed to maintain a medical pending, I believe. It may well have dress our over $9 trillion national debt. staff and community physicians in the area: been set aside; nonetheless, it is pend- I understand many people have fond Provided, That the aggregate amount of such ing to the underlying bill. It is the sim- financial support to all physicians does not thoughts for some of these programs, exceed $750,000: Provided further, That all plest of amendments. It is amendment but fond thoughts and good intentions payments made under this section are made No. 3345, to be modified by amendment do not equal good government. I am prior to June 1, 2008, and are disclosed to the No. 3429, and it is a request of the De- not one to make sweeping statements, Secretary not later than 30 days after such partment of Labor to do a study which but I think I can say with some cer- financial support is provided. is fairly innocuous. tainty that the vote total on this Mr. CHAMBLISS. Mr. President, I Senators BROWN, STABENOW, and amendment will stand as a rough proxy suggest the absence of a quorum. CASEY and I—also, I ask unanimous for what percentage of the Senate is The PRESIDING OFFICER. The consent to add Senator SANDERS as a committed to fiscal discipline. clerk will call the roll. cosponsor. So I urge my colleagues to join me in The assistant legislative clerk pro- The PRESIDING OFFICER. Without voting for this amendment. I believe it ceeded to call the roll. objection, it is so ordered.

VerDate Aug 31 2005 01:06 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G22OC6.024 S22OCPT1 bajohnson on PROD1PC71 with SENATE October 22, 2007 CONGRESSIONAL RECORD — SENATE S13175 Mr. DORGAN. With this amendment, ment, we would have 200,000 new Amer- their Fig Newton cookies to Mexico, I am requiring the Labor Department ican jobs created in this country as a Monterrey, Mexico. If somebody says to perform a study to determine the result. Two economists, Gary Clyde to you someday: Let’s go out for some number and the types of jobs that were Hufbauer and Jeffrey Schott— Mexican food, go to the store and buy lost by the North American Free Trade Hufbauer/Schott they called the some Fig Newton cookies. That is Agreement. That agreement was done a study—said, actually, 170,000 new jobs Mexican food. long while ago, but we are now in the in a couple of years. The supporters of All those folks who made Fig Newton process of considering additional trade this trade agreement rounded it up to cookies in New Jersey, they say some agreements—one with Peru, one with 200,000 new jobs. of them had to shovel fig paste with a Panama, one with South Korea, and Let me tell you what has happened scoop shovel, but they made too much one with Colombia. As we bring an- since that time. I told you we turned a money in New Jersey. Is there a better other group of free-trade agreements— very modest trade surplus with Mexico, scoop shovel in Mexico or is there so-called free-trade agreements—to the about $1.5 billion, into a very large somebody who will shovel that fig floor of the Senate, I would like to re- trade deficit, now somewhere around paste for much less money per hour? Or mind our colleagues there is very little $60 or $70 billion a year. is there some natural fig advantage in information about what has happened We have a little program in the Mexico? Probably not. It is that Kraft, to previous trade agreements except Labor Department that requires com- similar to Levis, decided: this trade that we know they didn’t work out panies to certify jobs that are lost be- agreement gives us the opportunity to very well, and so we are going to do cause the jobs went to Mexico. Then move these jobs to Mexico. more of the same. you get trade adjustment assistance Fruit of the Loom—5,352 U.S. work- NAFTA, for example—the North for the workers. So what we know is ers in Texas alone. Have people stopped American Free Trade Agreement—at 412,000 U.S. jobs have been certified as wearing underwear? I don’t think so. the time we did it, we had a modest lost because of NAFTA under one pro- People still wear underwear. They just trade deficit with Canada. Now that gram at the Department of Labor. don’t wear underwear made in this has turned into a very large trade def- In the 10 years after NAFTA had been country. Fruit of the Loom is gone, icit with Canada. At the time we did approved, I commissioned a study from and I suppose there are people who NAFTA, we had a modest surplus, a the Congressional Research Service, made a career out of Fruit of the Loom very small surplus in trade with Mex- and they identified the top 100 compa- and probably enjoyed it. Maybe their ico. Now we have turned that into a nies that laid off U.S. workers as a re- neighbors kidded them a little bit: you very large trade deficit with Mexico. sult of NAFTA during that first 10 work down at the Fruit of the Loom So we are moving in exactly the wrong years. To come up with that, they place. But I bet they enjoyed those ca- direction. Despite that, we still have turned to the Department of Labor. reers. But they are gone because those folks who huff and puff here about the They have this Trade Adjustment As- jobs are moved in search of cheap need to do more of the same. sistance Program. It says these top 100 labor. I want there to be a study that talks companies accounted for 201,000 jobs Barbie playhouses that Mattel made about what are the types of jobs we they certified were lost due to NAFTA. in a Kentucky plant, they shifted that have lost as a result of these trade If you look at all the companies, that factory to Mexico. agreements—how many jobs have we is 412,000 jobs. The list goes on and on. You can see lost, in what sectors have we lost those Let’s look at this list, a few of the the list here, the corporations that cer- jobs. names. We passed NAFTA—Hufbauer/ tify to the Department of Labor that On October 4 in the Wall Street Jour- Schott—all the political supporters, in- we moved our jobs. These companies nal, this month, the Wall Street Jour- cluding those in the Senate, thumbing moved the jobs as a result of the nal said: ‘‘Republicans grow skeptical their suspenders, talking about what a NAFTA trade agreement. on free trade.’’ It was talk about Re- wonderful deal this is going to be for My feeling about trade agreements is publicans, but actually the skepticism the United States, knowing nobody this. When you sign a trade agreement among non-Republicans is greater. It who wears a blue suit in this Chamber with another country, it ought to be turns out the dissatisfaction with our is going to lose their job. It will be mutually beneficial to us and them. I trade strategy is bipartisan. The poll somebody else. came from a meeting 5 minutes ago found that 59 percent of polled Repub- Let’s look at what happens. Levi about the issue of automobiles—noth- lican voters agreed with the following Strauss, 15,676 jobs lost due to NAFTA. ing to do with trade, it had to do with statement: Does that mean people aren’t wearing CAFE standards, better gas mileage for Foreign trade has been bad for the U.S. Levis? No, you can find some. Go out- vehicles. Somebody was talking about economy, because imports from abroad have side the door, you can find Levis. They we are going to have Chinese cars com- reduced demand for American-made goods, are still buying them. You can find ing into this country. We are going to cost jobs here at home, and produced poten- places where they are selling them, a see an import of cars into this country tially unsafe products. popular American jean. Except you will because China is ramping up a very ag- It is not surprising that people are not find a pair of Levis made in this gressive automobile export industry, concerned about this free trade strat- country. That is gone, 15,676—that is a and we will very soon see small, effi- egy. Free trade is a mantra, a moniker big number. cient cars on the streets of this coun- that doesn’t mean very much. I like What about just one of them? What try coming from China. trade. I am for plenty of trade. I come about one person—follow that person Guess what. We did a trade agree- from a State that produces a lot of ag- home from work one day, and that per- ment with China a while back, a bilat- ricultural product, and we need to find son had to tell their spouse: You know eral agreement. Here is what we agreed a foreign home for more than half of what, I lost my job today. to, with China, a country we have a what we produce, so I don’t come to The spouse says: What happened? giant trade deficit with—$230 billion a the floor of the Senate saying let’s not I don’t know, I have done a good job, year. We said this: China, when you trade. I say let’s do trade agreements I worked for them for 15 years. But sell your cars in the United States, we that are good for this country, not bad they told me I lost my job. They are will impose a 2.5 percent tariff on your for this country. moving the job to Mexico. cars. And, by the way, we agree that We passed the North American Free Why? when we sell U.S. cars, U.S. cars made Trade Agreement and we were told—by Because I make too much money, in the United States, in China, you can the way, this is an agreement that that is why. I get paid $6, $8, $10, $11 an impose a 25-percent tariff. So a country started under George Bush I, it was hour, and that is way too much money. we have a huge trade imbalance with, completed by President Clinton. I op- You can hire people for much less the biggest in human history, we said posed President Clinton and George money than that in Mexico, China, In- to them: it is OK for you to impose a Bush I, President Bush. But we were donesia, Bangladesh, Sri Lanka. tariff that is 10 times higher than we told that if we completed NAFTA, the Kraft Foods is on this list. Kraft would impose on bilateral automobile North American Free Trade Agree- Foods decided they were going to move trade.

VerDate Aug 31 2005 01:06 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G22OC6.042 S22OCPT1 bajohnson on PROD1PC71 with SENATE S13176 CONGRESSIONAL RECORD — SENATE October 22, 2007 It doesn’t make any sense. In my Where from? But apparently even this formance of individual programs. So it judgment, it undermines our country’s is controversial. is not just a question of whether the economic interests and it undermines Why? Because maybe we will learn program works, it also evaluates our country’s jobs. Yet this country something. Maybe we will learn that whether Congress has designed the pro- does that. these one-way trade agreements are gram in a clear manner and whether We are going to have, as a group of not in this country’s interests and that Federal agencies do a good job man- bills on the floor, Peru, Colombia, Pan- we ought to be smart, shrewd, and aging the program. So programs evalu- ama, South Korea. Among that group tough negotiators, standing up for our ated under PART fall into one of five of bills, the free trade agreements have country’s economic interests, standing categories: They are effective, mod- already been done, will be South Korea. up for our jobs. erately effective, adequate, ineffective Let me mention automobiles in South One final point. In a century we lift- or results not determined. Korea. Last year, they shipped us close ed this country’s standards; expanded The last category means there was to 700,000 cars, put them on ships and the middle class. We said you have to not enough information about it to sent them to this country to be sold in have a safe workplace. You have to make a decision. America and 700,000 cars made in Korea have child labor laws, minimum wages, The Senator from Colorado, Mr. AL- sent here to be sold to American cus- the right to organize—a whole series of LARD, would only cut programs that tomers. We were able to send 5,000 rules that lifted America. Now we are are rated ineffective and take that American cars to South Korea. Why saying let’s compete with others and money and apply it to the deficit. It the imbalance, 700,000 this way, 5,000 allow them to diminish those stand- sounds good. Why should you ever sup- that way? Because that is the way ards. I am not very interested in doing port an ineffective program? South Korea wants it; 99 percent of the that. First of all, let’s take a look at what cars on the streets in South Korea are I know the people who made Huffy bi- PART means. What is PART and how made in South Korea and that is the cycles couldn’t compete for 20 or 30 is it used? This is what the President’s way they want it. They don’t want our cents an hour. They made $11 in Ohio. own budget documents say about cars sold in South Korea, they want They all lost their jobs because they PART: the jobs there, they want to make the couldn’t compete with people who Ratings do not result in automatic deci- cars there and sell them there. Why made bicycles for 20 or 30 cents an sions about funding. would our country allow that to be the hour, so every Huffy bicycle is made in Clearly, over time, funding should be tar- case? China. None are made in Ohio. I know geted to programs that can prove they you can’t compete with that, but I achieve measurable results. In some cases, a This agreement that is going to be PART rating of ‘‘ineffective’’ or ‘‘results not brought to the Senate, the trade agree- don’t think that should be the standard demonstrated’’ may suggest that greater ment with South Korea, does not ad- of competition because I think by its funding is necessary to overcome identified dress that issue. nature it diminishes economic oppor- shortcomings, while a funding decrease may I could, and I have, spoken at great tunity in this country. be proposed for a program rated ‘‘effective’’ length about trade on a wide range of I am going to ask, if we can’t clear if it is not a priority or has completed its issues. But at some point we need to this amendment, that we have a vote mission. reconcile what we are doing with these on this amendment. I appreciate the This is the President’s budget. I say: agreements and we need to stop this work the chairman of the sub- Read it. It says: Sometimes if you have bad habit of negotiating bad agree- committee has done. I support his bill an ‘‘ineffective’’ rating, maybe you ments for this country. We don’t know and am pleased to speak in favor of the ought to have greater funding for it to who negotiates this. But the person bill, generally, which I have done on a overcome some shortcomings, rather who said to China it is OK for you to previous occasion. My hope is he will than if you have an effective program impose a 10 times higher tariff on U.S. support the amendment I have offered that may be getting funded, maybe it cars than we would impose on Chinese as well. should be done away with because ei- cars, that person obviously doesn’t un- I yield the floor. ther it is not a priority or has com- derstand whom he or she is working The PRESIDING OFFICER. The Sen- pleted its mission. for. I have threatened, from time to ator from Iowa. In other words, the amendment of- time, that these trade negotiators Mr. HARKIN. I thank the Senator fered by the Senator from Colorado, should go out and negotiate—in secret, from North Dakota for always being on Mr. ALLARD, is counter to the idea be- presumably, on behalf of our country, the side of American workers and hind creating the PART process. It was should begin to wear jerseys such as American jobs. I assure him he will not intended as a club on an ‘‘ineffec- they wear in the Olympics, so occasion- have my support on the amendment. tive’’ program, or it was designed to as- ally they could look down and try to We do not have it cleared yet. We may sess the impact of programs, identify remember for whom they work. These have to have a vote on it. But if that is steps that could be taken to improve trade agreements undermine this coun- so, perhaps that could be one of the them. try’s basic economic strength. votes we have tonight, if we don’t get Now, that is not my only problem People say it is fine these jobs mi- an agreement on it. with this misguided amendment. I am grate. AMENDMENT NO. 3369 concerned about the important pro- It is not fine. A country without a I wish to take the time—we will be grams Americans need that would be strong, vibrant manufacturing base is voting at 5:30. As I said, we will be vot- undermined by his amendment. Make not destined to long be a world eco- ing on the first one, which will be the no mistake about it, a vote for Senator nomic power, and we have to under- Allard amendment, amendment No. ALLARD is a vote against the programs stand that. I am not talking about pro- 3369. I thought I would take a few min- you see listed on this second chart. A tectionism or building walls, I am talk- utes to talk about the amendment. vote for Senator ALLARD’s amendment ing about trade, and plenty of it, but It sounds simple. You cut funds for says we should undo the fiscal mess trade in circumstances where the rules programs that the Bush administration created by the Bush administration are fair and where this country insists has concluded are ineffective, using policy of tax cuts for the millionaires on fair rules. what is called the Program Assessment and the war in Iraq by reducing fund- I know my colleague, Senator HAR- Rating Tool—PART—then use these ing for programs that help some stu- KIN, the chairman of the committee, is savings to reduce the debt. We are all dents prepare for college, provide un- here and perhaps is about to make a for making sure taxpayers’ dollars are employed low-income seniors with in- presentation. I do wish to say I have spent well and responsibly, but let’s come, retrain workers who lose their filed this amendment. It is the most in- take a look at what this amendment jobs due to foreign trade. nocuous. It says let’s at least go back really means. Now, here are some of the programs and take a snapshot of this one trade First, we have to have some back- that would lose 10 percent of the fund- agreement, NAFTA, and find out what ground on PART, the Program Assess- ing in the bill if the Allard amendment happened. What happened with jobs? ment Rating Tool. It is intended to were adopted. The TRIO Upward Bound How many did we lose? What kind? help assess the management and per- Program is funded at $315 million in

VerDate Aug 31 2005 01:06 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G22OC6.031 S22OCPT1 bajohnson on PROD1PC71 with SENATE October 22, 2007 CONGRESSIONAL RECORD — SENATE S13177 the Senate bill. There are 900 sites support and retraining services to Mr. ALLARD. Mr. President, I appre- throughout the country, including 8 workers who lose their jobs due to for- ciate the comments the Senator from sites and over 700 students in the State eign trade. Approximately 120,000 Iowa was making. I was not elected to of Colorado, I say to the occupant of Americans are eligible each year, but this body—I do not think the Senator the chair. only about 80,000 actually receive serv- from Iowa was either—to make easy Here is what the Bush budget had to ices. votes. This can be a difficult vote. say about this program. This is a quote Again, if we adopt the Allard amend- There are programs on there that I from the Bush budget: ment for the TRIO program at an aver- support, I support wholeheartedly, but The program received an ineffective PART age cost of $5,000 a student, we would I want them to be effective. How can I rating when assessed in 2002, in part, because cut 6,300 students out of the TRIO pro- go back to my taxpayers in the State the program evaluation showed that the pro- gram. of Colorado and say: Well, we are gram did not overall increase the proportion For trade adjustment assistance, at spending billions of dollars on this pro- of participants who enrolled in college. How- about $12,000 per person, that means a gram, but it is ineffective. It is not ever, the program was found to have a posi- loss of services to 7,400 workers who measuring up to the standards which tive impact for higher risk students for have lost their jobs and want to get re- most businesses would be expected to whom the evaluation findings revealed that trained. Upward Bound increased 4-year college en- measure up to for performance, or For the Community Service Employ- maybe other agencies are going to rollment rates. In response to this finding, ment Program, $5,932 for older work- the Department of Education established a measure up to for performance. priority for the 2006 competition that re- ers—a modest amount every year to an I do not know how else to get the at- quired projects to ensure that at least 30 per- older person—means a loss of support tention of the bureaucracy except to cent of participants were higher risk stu- for 8,142 low-income seniors. deal with them where they pay atten- The Allard amendment on its face, dents. Given the improved targeting, contin- tion. That is their pocketbooks, their ued funding is warranted. you look at it and say: Well, he is cut- budget. I think when we have an inef- ting 10 percent from those programs In other words—I better watch my- fective program, we are not doing our rated ineffective. So you want to self, I am saying nice things about the jobs as Senators if we do not figure out think: Well, gee, why would I support administration—basically what they a way to bring accountability to the an ineffective program? No one wants did is they actually implemented the program. to support ineffective programs. But, PART program correctly. They looked Now, this is a modest attempt to try again, I refer to the first chart. I repeat at it, they said, okay, it got an ineffec- to bring some accountability. We do again, you have to understand what tive rating. Why? Well, because, they not eliminate any programs. We do a PART is; that is, the Program Assess- said, overall it did not show that it in- reduction on a few programs that are ment Rating Tool, and how it is used. creased 4-year college participation. listed as ‘‘ineffective.’’ But when they looked at the subset I will read again from the President’s In the business world, they use the of the higher risk students, they said: own budget. same process that OMB puts in place. It increased the college participation. PART ratings do not result in automatic This is not a partisan process. You decisions about funding. So here is what we will do. We will re- know, you referred to President Bush’s quire projects to ensure that at least 30 Well, the Allard amendment would be actions on it. It may be a Democratic percent of the participants are higher an automatic decision about cutting 10 President 3 years from now. He is going risk students. That is how you use this percent. Clearly, over time, funding to be dealing with the same problems tool. You do not use it as a club to get should be targeted at programs that this President is dealing with, that he rid of it, I say to my friend from Colo- can prove they achieve measurable re- has programs out there that simply are rado. sults. I say to my friend from Colorado, not measuring up. The President’s own budget says the it says: So let me get back to what the stand- program is worthwhile. Look at the In some cases, a PART rating of ‘‘ineffec- ard business world does. They look at a Perkins Career and Technical Edu- tive’’ or ‘‘results not demonstrated’’ may program and say: Well, look, we are cation State Grants. It is funded at $1.2 suggest that greater funding is necessary in order to overcome identified shortcomings, spending a certain amount of money, billion. That is last year’s level. We did while a funding decrease may be proposed for and it is not performing. Because it is not increase it. Last year, the Congress a program rated ‘‘effective’’ if it is not a pri- not performing, we have either got to reauthorized and strengthened the pro- ority or has completed its mission. redo the program, which is an option gram, and the Senate passed it by So there may be effective programs the Congress can look at, or we elimi- unanimous consent. In the House of that are rated as ‘‘effective’’ that prob- nate it altogether, or we create some Representatives there was only one ably ought to be cut. I am sure the ad- other kind of modification that is vote against it. Here is what the Bush ministration and OMB are probably going to make it accountable to the budget said: doing that, because they have either stockholders of that company. The Perkins Act incorporates several im- completed their mission or it is not a The stockholders in this case are the portant changes that strengthen the pro- priority. taxpayers of the country. They are the gram’s accountability provisions and pro- On the other hand, there may be ones putting money in this program. vides opportunities to improve the program’s some of those rated ‘‘ineffective’’ as They are the ones who expect the pro- performance. mentioned in the TRIO program, rated gram to do what it says, for what it is Then there is the Community Service as ineffective. When they looked at the set up to do. This is a program that has Employment for Older Americans. We overall score, they said: Well, it is ef- been in place for 10 years. It is not a had funded it at last year’s level. This fective if you look at higher risk stu- new program. provides part-time community service dents. So they carved it out and said: The agencies have had plenty of time opportunities paid at minimum wage Thirty percent has to go to higher risk to respond and react to this particular for unemployed low-income persons. students. Then they requested the con- effort. I would credit those agencies or The Health Professions Program: tinued funding for it. programs that are listed as ineffective Now, this is interesting. We put in $357 I say to my friend from Colorado, I for at least having tried to comply million this year. The Allard amend- understand his desire. Everybody with the law. ment would cut it by $35.7 million. This wants to cut down on something that is There is another group there I did is the category that includes almost all ineffective. But I do think that if the not address. There are those where re- health training in America: nurse Senator were to read and understand sults have not been demonstrated. training programs, training in primary completely what that Program Assess- They are sort of thumbing their nose care medicine, dentistry programs. All ment Rating Tool does, he might agree at the Congress and saying: Heck, we of these would take a cut. with the President’s own words on his are not even going to bother to set up Then there is trade adjustment as- budget. any goals and objectives for our pro- sistance: $888.7 million in this bill, last I yield the floor. gram. We are going to let it run on year’s level, same thing the President The PRESIDING OFFICER. The Sen- auto. In some cases they have a legiti- requested. Again, this provides income ator from Colorado. mate reason for doing that, but I do

VerDate Aug 31 2005 01:59 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G22OC6.032 S22OCPT1 bajohnson on PROD1PC71 with SENATE S13178 CONGRESSIONAL RECORD — SENATE October 22, 2007 think the Congress does need to look at we have the executive branch over- AMENDMENTS NOS. 3335, AS MODIFIED, 3331, 3419, those programs that are ineffective and seeing these things. That is the better 3434, 3405, AND 3411 make some judgments. Now, if the Sen- way to approach it than this kind of Mr. HARKIN. I ask unanimous con- ator from Iowa has a better suggestion sledgehammer approach. sent that the following amendments be on how we may bring accountability to Mr. ALLARD. If I may respond, it is considered and agreed to and the mo- the agencies, I would be glad to hear not a sledgehammer approach. It is a tions to reconsider be laid upon the what it is. mild little push to try to improve the table en bloc: Amendment No. 3335, as modified, 3331, 3419, 3434, 3405, and 3411. I think a modest reduction in their program. I agree, some programs can The PRESIDING OFFICER. Without budget will send a message to them be improved if we increase appropria- objection, it is so ordered. that you have got to get your act in tions, and that is what we need to do. The amendments were agreed to, as order, and then hopefully, as we go But maybe to get their attention, to follows: down through the years, they will get things moving in the right direc- begin to understand that it is the Con- tion, maybe we need to start out with AMENDMENT NO. 3331 gress that controls the purse strings, a reduction in spending. This is a com- (Purpose: To provide that none of the funds appropriated or otherwise made available and you need to get your act in order; monsense program. We can argue about we need to have accountability in the by this Act may be used to enter into a it. I have never been in any committees contract in an amount greater than program. where they talked about it in this way. $5,000,000 or to award a grant in excess of I think this is a commonsense I think it needs to be talked about such amount unless the prospective con- amendment. It is being supported by more, and that is why I am introducing tractor or grantee makes certain certifi- Citizens Against Government Waste. the amendment. cations regarding Federal tax liability) The National Taxpayers Union is sup- Mr. HARKIN. That is why we have At the end of title V, add the following: porting it. I have sat down with groups SEC. 521. None of the funds appropriated or the Appropriations Committee. Yes, we on how it is we can bring forward effec- otherwise made available by this Act may be do call them up, and we do look into tive, efficient Government. used to enter into a contract in an amount these matters. But it is not this kind of We do not want programs out there greater than $5,000,000 or to award a grant in heavyhanded approach that is going to excess of such amount unless the prospective that make all of these grandiose claims cut programs that actually have taken contractor or grantee certifies in writing to but then do not deliver. They waste steps, such as the Upward Bound Pro- the agency awarding the contract or grant taxpayers’ dollars in the process. So gram, to be more effective. that, to the best of its knowledge and belief, this is what this amendment is trying the contractor or grantee has filed all Fed- to address. I ask my colleagues to sup- The PRESIDING OFFICER. The hour eral tax returns required during the three port me in this effort. It is a modest of 5:30 having arrived, the question is years preceding the certification, has not amendment. It is something that I on agreeing to the Allard amendment, been convicted of a criminal offense under the Internal Revenue Code of 1986, and has think can make a difference. with 2 minutes of debate equally di- vided on the amendment. not, more than 90 days prior to certification, If you want the legislative branch to been notified of any unpaid Federal tax as- have a little power over the executive Mr. HARKIN. Mr. President, I have a sessment for which the liability remains branch through the purse strings, this unanimous consent request. I ask unsatisfied, unless the assessment is the sub- is the way to do it. Again, I ask my unanimous consent that I be permitted ject of an installment agreement or offer in colleagues to join me in voting for this to do that at this point. compromise that has been approved by the amendment. The PRESIDING OFFICER. Without Internal Revenue Service and is not in de- The PRESIDING OFFICER. The Sen- fault, or the assessment is the subject of a objection, it is so ordered. non-frivolous administrative or judicial pro- ator from Iowa. AMENDMENT NO. 3347, AS MODIFIED ceeding. Mr. HARKIN. Mr. President, again, I AMENDMENT NO. 3419 listened to my friend from Colorado, Mr. HARKIN. Mr. President, I ask unanimous consent that in the vote se- (Purpose: To provide for a study to evaluate but maybe the right amendment would the Social Security Administration’s plan be to go after the Program Assessment quence previously agreed to, the Dor- gan amendment, No. 3335, as modified, to reduce the hearing backlog for dis- Rating Tool, because as it says: Some ability claims at the Social Security Ad- of the programs that are rated ineffec- be removed from the agreement and ministration and the Social Security Ad- tive actually may need more money. the Menendez amendment, No. 3347, be ministration’s current and planned initia- I will give the Senator one example. substituted and the amendment be tives to improve the disability process) A couple of years ago, a school that I modified with the text of amendment At the appropriate place, insert the fol- know very well here in Washington, No. 3428, and that the Senate then vote lowing: DC, called Gallaudet University—it is in relation to the Menendez amend- SEC. ll. (a) The Comptroller General of ment, No. 3347, as modified, following the United States shall conduct a study to the university for the deaf here in evaluate the Social Security Administra- America, premier college in the world, the disposition of the Allard amend- ment, and that all other provisions of tion’s plan to reduce the hearing backlog for as a matter of fact—got an ‘‘ineffec- disability claims at the Social Security Ad- tive’’ rating. That got me pretty upset the previous order remain in effect. ministration and the Social Security Admin- until I started looking at it, finding The PRESIDING OFFICER. Without istration’s current and planned initiatives to out why it was ineffective. Now, if we objection, it is so ordered. improve the disability process, as contained had cut their funding by 10 percent, The amendment, as modified, is as in the report submitted to the Senate on they never would have become effec- September 13, 2007, pursuant to Senate Re- follows: port 110–107. tive. But because we got them in, and On page 79, between lines 4 and 5, insert (b) Not later than 5 months after the date the committee did its job—and that is the following: of enactment of this Act, the Comptroller what the committee’s function is for; if SEC. ll. (a) In addition to any other General of the United States shall submit to there is something that is ineffective, amounts appropriated or otherwise made Congress a report on the study conducted that is why we have committees. available under this Act, $8,000,000 shall be under subsection (a), together with such rec- Call them up, ask them what is hap- available to carry out activities under the ommendations as the Comptroller General pening. Make them explain why it has Patient Navigator Outreach and Chronic Dis- determines appropriate. an ‘‘ineffective,’’ why it was dem- ease Prevention Act of 2005 (Public Law 109– AMENDMENT NO. 3434 onstrated ‘‘no results,’’ and then let 18). (Purpose: To develop biodefense medical the committee do its work. That is (b) Amounts made available under this Act countermeasures by fully funding the Bio- medical Advanced Research and Develop- what we did with Gallaudet. We could for consulting services for the Departments ment Authority (BARDA) in a fiscally re- have had a 10-percent cut there, and of Labor, the Department of Health and Human Services, and the Department of Edu- sponsible manner) they never would have become effec- cation shall be further reduced on a pro rata On page 66, line 7, strike ‘‘$756,556,000’’ and tive. They just needed better guidance basis by the percentage necessary to de- insert ‘‘$786,556,000’’. and better direction. That is what the crease the overall amount of such spending On page 66, line 10, strike the period and committee structure does. That is why by $8,000,000. insert ‘‘, and of which $189,000,000 shall be

VerDate Aug 31 2005 01:59 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G22OC6.033 S22OCPT1 bajohnson on PROD1PC71 with SENATE October 22, 2007 CONGRESSIONAL RECORD — SENATE S13179 used to support advanced research and devel- My hope is that the Senate will vote [Rollcall Vote No. 381 Leg.] opment of medical countermeasures, con- for this in strong numbers so we can YEAS—68 sistent with section 319L of the Public send a message to agencies that they Akaka Durbin Nelson (FL) Health Service Act.’’. Alexander Feingold Nelson (NE) On page 79, between lines 4 and 5, insert need to begin to get their act in order, those that are rated as ineffective. We Barrasso Feinstein Pryor the following: Baucus Grassley Reed SEC. ll. Notwithstanding any other pro- need to, in the committee process, Bayh Harkin Reid vision of this Act, amounts appropriated in refer to this rating. Let’s put them on Bennett Hatch Roberts this Act for the administration and related record in committee meetings to hold Bingaman Hutchison Rockefeller expenses for the departmental management Bond Inouye Salazar them accountable for their programs. Boxer Johnson of the Department of Labor, the Department Sanders Brown Kerry Mr. HARKIN. Mr. President, this is a Schumer of Health and Human Services, and the De- Burr Klobuchar Smith partment of Education shall be reduced by a heavyhanded club approach. Already Byrd Kohl pro rata percentage required to reduce the we know that sometimes programs are Cantwell Landrieu Snowe total amount appropriated in this Act by rated ineffective, as the President’s Cardin Lautenberg Specter Stabenow $30,000,000. own budget says, and actually need Carper Leahy Casey Levin Stevens AMENDMENT NO. 3405 more funding. Some of those rated ‘‘ef- Cochran Lieberman Tester (Purpose: To provide for the Government Ac- fective’’ probably ought to have their Coleman Lincoln Thune countability Office to submit a report to funding cut. But the Senator from Col- Collins Lugar Voinovich Warner Congress on the process for hiring and orado says we are just going to cut all Conrad Menendez managing administrative law judges, and Dole Mikulski Webb for other purposes) these programs across the board that Domenici Murkowski Whitehouse are rated ‘‘ineffective.’’ Dorgan Murray Wyden At the appropriate place in title V, insert the following: As I pointed out, Gallaudet College in NAYS—21 SEC. lll. Not later than 9 months after Washington, DC, probably the finest Allard Craig Lott the date of enactment of this Act, the Gov- university for the deaf in the world— Brownback DeMint Martinez ernment Accountability Office shall submit not probably, it is—somehow got an Bunning Enzi McConnell a report to Congress that contains an assess- Chambliss Gregg Sessions ment of the process for hiring and managing ‘‘ineffective’’ rating. They changed Coburn Inhofe Shelby things. Now they have an ‘‘effective’’ Corker Isakson Sununu administrative law judges and makes rec- Cornyn Kyl Vitter ommendations on ways to improve the hir- rating. Had they been cut 10 percent, ing and management of administrative law they never would have been able to get NOT VOTING—11 judges. ‘‘effective’’ again. This is not the prop- Biden Ensign McCain AMENDMENT NO. 3411 er way to do things. This is something Clinton Graham McCaskill Crapo Hagel Obama (Purpose: To permit certain amounts to be for committees to handle and for the Dodd Kennedy used for grants to Federal commissions executive branch. I know the Senator that support museum and library activi- from Colorado has well-meaning inten- The motion was agreed to. Mr. LEAHY. Mr. President, I move to ties) tions, but they are misdirected and reconsider the vote. On page 106, line 24, insert before the pe- misguided because the Program Assess- riod the following: ‘‘: Provided further, That Mr. DORGAN. I move to lay that mo- ment Rating Tool is not the kind of in- tion on the table. funds may be made available for grants to strument the Senator is envisioning Federal commissions that support museum The motion to lay on the table was and library activities, in partnership with li- with his amendment. agreed to. braries and museums that are eligible for I yield back whatever time I have. I The PRESIDING OFFICER. The ma- funding under programs carried out by the move to table the Allard amendment jority leader is recognized. Institute of Museum and Library Services’’. and ask for the yeas and nays. Mr. REID. Mr. President, we have Amendment No. 3335, as modified, The PRESIDING OFFICER. Is there a one vote to follow right now. The man- was agreed to. sufficient second? agers have been working to finish this AMENDMENT NO. 3369 piece of legislation as quickly as pos- The PRESIDING OFFICER. The There appears to be a sufficient sec- sible. The staff has worked through a question is on agreeing to the Allard ond. The question is on agreeing to the number of amendments today—in fact, amendment, No. 3369. motion. a significant number of amendments. Mr. HARKIN. Parliamentary inquiry: The clerk will call the roll. We are on a glidepath to finish this leg- I understand there is 2 minutes, if the The legislative clerk called the roll. islation by 12:30 tomorrow, so everyone Senator wants it. is going to have to cooperate and get Mr. ALLARD. I would like to take a Mr. DURBIN. I announce that the things done. We have a lot to do this minute to briefly explain the amend- Senator from Delaware (Mr. BIDEN), week, but the key to getting it done is ment. the Senator from New York (Mrs. CLIN- finishing this bill. TON), the Senator from Connecticut The PRESIDING OFFICER. Without AMENDMENT NO. 3347, AS MODIFIED (Mr. DODD), the Senator from Massa- objection, it is so ordered. The PRESIDING OFFICER. There chusetts (Mr. KENNEDY), the Senator Mr. ALLARD. The Allard amendment will now be 2 minutes equally divided from Missouri (Mrs. MCCASKILL), and is a commonsense amendment. It looks on the Menendez amendment, as modi- the Senator from Illinois (Mr. OBAMA) at those programs that are rated as in- fied. are necessarily absent. effective by the Office of Management Who yields time? and Budget. It is a nonpartisan process. I further announce that, if present Senators will please take their con- It was set up by the Congress more and voting, the Senator from Massa- versations off the floor. The Senate is than 10 years ago. It is time the Con- chusetts (Mr. KENNEDY), would vote not in order. Will the Senate please gress expect some accountability in ‘‘yea.’’ come to order so we may hear the Sen- that program itself. One can look on Mr. LOTT. The following Senators ator from New Jersey. expectmore.gov which lists the agen- are necessarily absent: the Senator The Senator from New Jersey is rec- cies that are performing and those that from Idaho (Mr. CRAPO), the Senator ognized. are not. Some of these programs are from Nevada (Mr. ENSIGN), the Senator Mr. MENENDEZ. Mr. President, I ask my favorite programs. I voted for them from South Carolina (Mr. GRAHAM), the unanimous consent that Senator and support them. But we have to bring Senator from Nebraska (Mr. HAGEL), HUTCHISON be added as a cosponsor of accountability so that when we are and the Senator from Arizona (Mr. my amendment. supporting a program, it actually does MCCAIN). The PRESIDING OFFICER. Without what it says it is going to do; that all objection, it is so ordered. the money doesn’t go to the bureauc- The PRESIDING OFFICER. Are there Mr. MENENDEZ. Mr. President, I racy and none of it gets to the bene- any other Senators in the Chamber de- wanted to thank Senators HARKIN and ficiaries. We are trying to bring some siring to vote? SPECTER for their leadership on the bill accountability to this process. That is The result was announced—yeas 68, and their strong support of this amend- the reason for the amendment. nays 21, as follows: ment, which is to put $8 million in the

VerDate Aug 31 2005 01:59 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\A22OC6.005 S22OCPT1 bajohnson on PROD1PC71 with SENATE S13180 CONGRESSIONAL RECORD — SENATE October 22, 2007 Patient Navigator and Chronic Disease The result was announced—yeas 88, (b) Amounts made available under this Act Prevention Act. It is strongly sup- nays 3, as follows: for consulting services for the Department of ported by a letter that was issued by [Rollcall Vote No. 382 Leg.] Labor, the Department of Health and Human the American Cancer Society, the Leu- Services, and the Department of Education YEAS—88 shall be reduced further on a pro rata basis kemia Lymphoma Society, the Na- Akaka Durbin Murkowski by the percentage necessary to decrease the tional Association of Community Alexander Enzi Murray overall amount of such spending by Health Centers, the National Medical Allard Feingold Nelson (FL) $2,000,000. Association, the National Patient Ad- Barrasso Feinstein Nelson (NE) Baucus Graham Pryor AMENDMENT NO. 3378 vocate Foundation, and the Susan G. Bayh Grassley Reed Mr. HARKIN. Mr. President, I call up Komen for the Cure Foundation. Bennett Gregg Reid amendment No. 3378 by Senator TEST- What they say in their letter sums it Bingaman Hagel Roberts Bond Harkin ER and ask for its immediate consider- Rockefeller up in its totality. It says: Improving Boxer Hatch Salazar ation. the health of America as a whole de- Brown Hutchison Sanders The PRESIDING OFFICER. The pends significantly on our ability to Brownback Inhofe Bunning Inouye Schumer clerk will report. improve health outcomes for the unin- Burr Isakson Sessions The legislative clerk read as follows: Shelby sured, those who live in rural areas, Byrd Johnson The Senator from Iowa [Mr. HARKIN], for Smith minorities— Cantwell Kerry Mr. TESTER, proposes an amendment num- Snowe Mr. BYRD. Mr. President, may we Cardin Klobuchar bered 3378. Carper Kohl Specter have order in the Senate. Casey Landrieu Stabenow The amendment is as follows: The PRESIDING OFFICER. The Sen- Chambliss Lautenberg Stevens (Purpose: To provide additional funding for ate is not in order. The Senator from Cochran Leahy Sununu veterans employment and training for Fed- West Virginia is correct. Will the Sen- Coleman Levin Tester Collins Lieberman eral management activities) ators please take their conversations Thune Conrad Lincoln Vitter On page 28, line 10, insert before the period off the floor. Corker Lott Voinovich the following: ‘‘: Provided, That $3,000,000 Mr. BYRD. I thank the Chair and I Cornyn Lugar Warner shall be transferred from amounts made Craig Martinez Webb available in this title for salaries and ex- thank all Senators. Dole McConnell Whitehouse The PRESIDING OFFICER. The Sen- Domenici Menendez penses of the Department of Labor, to carry Wyden ator from New Jersey is recognized. Dorgan Mikulski out Federal management activities relating to veterans employment and training’’. Mr. MENENDEZ. Mr. President, the NAYS—3 Mr. HARKIN. Mr. President, this American Cancer Society and all of Coburn DeMint Kyl these other organizations tell us that amendment has been agreed to on the this amendment will help individuals NOT VOTING—9 other side. who are in rural communities, minori- Biden Dodd McCain The PRESIDING OFFICER. Without Clinton Ensign McCaskill objection, the amendment is agreed to. ties, and other medically underserved Crapo Kennedy Obama populations who suffer from a dis- AMENDMENT NO. 3360 WITHDRAWN The amendment (No. 3347), as modi- proportionate burden of cancer, navi- Mr. HARKIN. Mr. President, I ask fied, was agreed to. gate the health care system, create that amendment No. 3360 be with- Mr. HARKIN. Mr. President, I move more positive outcomes, save money, drawn. to reconsider the vote, and I move to and save lives. That is why we urge all The PRESIDING OFFICER. Without lay that motion on the table. objection, it is so ordered. of our colleagues to support the amend- The motion to lay on the table was Mr. HARKIN. Mr. President, here is ment. agreed to. The PRESIDING OFFICER. Who The PRESIDING OFFICER. Without the situation. Everybody wants to yields time? Who yields time in opposi- objection, it is so ordered. know if there will be more votes to- tion? night. We don’t know yet. We are try- AMENDMENTS NOS. 3432, AS MODIFIED, AND 3377, ing to work out amendments with the Mr. ALLARD. Mr. President, I yield AS MODIFIED EN BLOC back the remainder of the time in op- Mr. HARKIN. Mr. President, I have a other side. We have been instructed by position. couple of modifications I will send to the leadership to finish this bill by Mr. MENENDEZ. Mr. President, I ask the desk. First is a modification for 12:30 tomorrow. We still have a lot of for the yeas and nays. No. 3432 and then No. 3377. amendments pending. We are trying to The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. Without work them through. Depending on the sufficient second? There appears to be objection, the amendments are so progress within the next half hour or a sufficient second. modified. so, we will know whether we need to The question is on agreeing to the The amendments (Nos. 3432 and 3377), have more votes tonight. amendment. as modified, are as follows: There are a lot of amendments pend- The clerk will call the roll. ing. If somehow we can get these of- AMENDMENT NO. 3432, AS MODIFIED The assistant legislative clerk called fered tonight and stacked for votes to- At the appropriate place in title II, insert the roll. the following: morrow, we might be able to do that. If Mr. DURBIN. I announce that the SEC. ll. (a) In addition to other amounts not, we may have to have votes further Senator from Delaware (Mr. BIDEN), made available in this title, $3,000,000 shall tonight. I have been instructed by my the Senator from New York (Mrs. CLIN- be made available for trauma care activities. leader to continue in that vein. So I TON), the Senator from Connecticut (b) Amounts made available under this Act cannot say yet if we are going to have (Mr. DODD), the Senator from Massa- for consulting services for the Department of more votes tonight. It depends on how Labor, the Department of Health and Human chusetts (Mr. KENNEDY), the Senator Services, and the Department of Education many can be accepted on both sides. from Missouri (Mrs. MCCASKILL), and shall be reduced on a pro rata basis by the We will know shortly. the Senator from Illinois (Mr. OBAMA) percentage necessary to decrease the overall I ask unanimous consent that Sen- are necessarily absent. amount of such spending by $6,000,000. ator BOXER be recognized for 10 min- I further announce that, if present AMENDMENT NO. 3377, AS MODIFIED utes to speak about the fires in Cali- and voting, the Senator from Massa- On page 79, between lines 4 and 5, insert fornia; that upon the end of her presen- chusetts (Mr. KENNEDY) would vote the following: tation, the Senator from Maryland, Mr. ‘‘yea.’’ SEC. ll. (a) In addition to other amounts CARDIN, be recognized for 5 minutes for Mr. LOTT. The following Senators appropriated in this title to carry out title the purpose of offering an amendment; are necessarily absent: the Senator VII of the Public Health Service Act, that at the end of that 5 minutes, the $2,000,000 shall be made available to carry from Idaho (Mr. CRAPO), the Senator Senator from Louisiana, Ms. LANDRIEU, out allied health professional programs from Nevada (Mr. ENSIGN), and the under section 755 of such title VII, other be recognized for 5 minutes to offer an Senator from Arizona (Mr. MCCAIN). than the Chiropractic-Medical School Dem- amendment. The PRESIDING OFFICER (Mr. onstration Grant program, Graduate Psy- The PRESIDING OFFICER. Is there WHITEHOUSE). Are there any other Sen- chology training programs, and podiatric objection? ators in the Chamber desiring to vote? physicians programs. Without objection, it is so ordered.

VerDate Aug 31 2005 01:55 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G22OC6.038 S22OCPT1 bajohnson on PROD1PC71 with SENATE October 22, 2007 CONGRESSIONAL RECORD — SENATE S13181 The Senator from California. that in future years, they are not As I stand here, I look over at my CALIFORNIA WILDFIRES plagued from the smoke inhalation. friend, Senator LANDRIEU, and I see the Mrs. BOXER. Mr. President, I thank I wish to show a picture. I hope my compassion in her face because she is Senator HARKIN and my colleagues. colleagues will take a look at it. San still working night and day, 24/7 to Many of them have come up to Senator Diego, this is one photo. We can see, if make sure her State is whole again. I, FEINSTEIN and myself tonight and have we look closely, the firefighters. From again, pledge to her—she knows I will expressed their concern about the fires where they are getting any oxygen is be there with her every step of the that are raging out of control in our hard to know. They are literally in the way. State, home to 37 million people, very fires of hell right there. So these are the times when we in dangerous fires, kind of a perfect storm Then in Santa Clarita, more than this Senate have to cross over party of extremely high temperatures, very 25,000 acres have burned and approxi- lines, and we do, to make sure we make low humidity, and Santa Ana winds mately 800 homes have been evacuated. life livable for people who have lost, in which gust up to hurricane-type winds, I will show another picture. We can see some cases, everything—everything sometimes as high as 50, 60 miles an the fire in the hills threatening the material. Again, I want to say the hour, with the average about 35 miles homes. Eight hundred homes have been most important point is we save lives. an hour. evacuated in this region. I ask for an additional 1 minute, Senator FEINSTEIN and I have heavy Most of my colleagues have seen the please. hearts as we talk with our Governor reports of Malibu. More than 2,400 The PRESIDING OFFICER. Without and our mayors. They are conveying to acres have burned. We can get a sense objection, it is so ordered. us that this is very serious because our of what is happening there. This is a Mrs. BOXER. Mr. President, this firefighters are at a huge disadvantage photo of a beach. This is the water, the isn’t just a fight to contain wildfires. because of the unpredictability of the Pacific Ocean. You cannot see in front This is a fight to save lives. This is a winds. We don’t know from one mo- of you the fires, the smoke, the wind fight to save schools and homes and ment to the next whether the fires will blowing the sand. I was in southern businesses. Again, I thank all the fire- turn on these firefighters. Last year California. I left this morning, and yes- fighters, the local officials, the volun- was a very tough year for us in Cali- terday I was out in the Santa Anas. teers, my own staff who is out there fornia. We had some horrific experi- To give my colleagues a sense of working. I thank the President and ences, and we lost firefighters. We are what it is like, the winds are so strong FEMA and all the Federal workers. in the desert areas and in the beach not going to repeat that situation. We Right now we must contain these areas that you can taste the grit of the have to make sure we save lives, that fires. Right now we must save lives. sand in your mouth and feel it in your we get people out of their homes. At Right now we must provide shelter and eyes and certainly in your lungs. this point, I can say people appear to hope for those displaced. In Malibu, more than 2,400 acres I again thank my colleagues from be cooperating with the authorities. burned. Several homes and structures The most important point is we care both sides of the aisle who have come have been destroyed, including the up to me or have come up to Senator about each other and we save lives. Malibu Presbyterian Church. My un- There are now more than a dozen FEINSTEIN and said to us: Please let us derstanding is the church was able to wildfires burning, again, all being know what we can do. We will be call- remove computers and some other fanned by these hot Santa Ana winds, ing on our colleagues. We know they items they desperately needed, but care very much about the 37 million raging from as far south as the Mexi- that building is gone. The Pacific Coast can border to as far north as Los Ange- people of my State, and a large propor- Highway remains closed, and the evac- tion of them in southern California les and Ventura Counties. Governor uations continue as we speak. Schwarzenegger has declared a state of being impacted by these fires. Again, thousands of our brave fire- I yield the floor. emergency in seven counties—Los An- fighters are frantically working in con- geles, Orange, Riverside, San The PRESIDING OFFICER. The Sen- junction with the California depart- ator from Maryland. Bernardino, San Diego, Santa Barbara, ment of forestry and the U.S. Forest AMENDMENT NO. 3400 TO AMENDMENT NO. 3325 and Ventura. More than 250,000 people Service, the California Highway Patrol, are evacuated in San Diego County Mr. CARDIN. Mr. President, I ask the U.S. Border Patrol, and FEMA to unanimous consent to lay aside the alone, where blazes have torched more contain these fires. I thank all the pending amendment so I may call up than 100,000 acres. Senator FEINSTEIN dedicated Federal workforce who have amendment No. 3400. and I spoke with Mayor Sanders today, joined in this effort. They deserve our and he told us that one condominium The PRESIDING OFFICER. Without prayers and support as well. objection, it is so ordered. The clerk complex has burned with 400 units. People are escaping with only the will report. Mayor Sanders warns we have tough clothes on their backs. Families have times ahead. There are walls of flames The assistant legislative clerk read no time to gather anything as they flee as follows: 100 to 200 feet high. There are fires pop- from the inferno that engulfs every- The Senator from Maryland [Mr. CARDIN], ping up everywhere, with eight sepa- thing it touches. for himself, Mr. SMITH, Mr. LIEBERMAN, and rate fires burning in that region. More This is only the most recent informa- Mr. DURBIN, proposes an amendment num- than a dozen people are being treated tion. As I speak, these fires rage on. bered 3400 to amendment No. 3325. at the UC San Diego Medical Center The Governor says they don’t expect a Mr. CARDIN. Mr. President, I ask Regional Burn Center for smoke inha- diminution of these Santa Ana winds unanimous consent that the reading of lation and burns, including four fire- until at best tomorrow afternoon, the amendment be dispensed with. fighters who are seriously injured. One maybe Wednesday. We pray these The PRESIDING OFFICER. Without individual we know of has lost his life winds stop their fierce blowing. objection, it is so ordered. in San Diego. We need to make sure our commu- The amendment is as follows: Our firefighters deserve our prayers, nities have the resources they need (Purpose: To provide support to Iraqis and our help, and our thoughts, as do all now. California cannot fight this battle Afghans who arrive in the United States the people in the southern California alone. I mentioned the agencies that under the Special Immigrant Visa pro- region. We have to remember that they are out there already helping. I know gram) go out there and do everything they the equipment is being given as we On page 126, between lines 7 and 8, insert are trained to do, and the last thing speak. the following: they think about is themselves. Yet The Governor has declared a disaster SEC. 521. Iraqi and Afghan aliens granted and still, we have been trying for years in seven counties, and as soon as he special immigrant status under section to pass the Healthy Firefighters Act to asks the President for a Federal dec- 101(a)(27) of the Immigration and Nationality follow these firefighters who work in laration, I know President Bush will Act (8 U.S.C. 1101(a)(27)) shall be eligible for resettlement assistance, entitlement pro- these horrific situations, and some of act swiftly. There are certain areas grams, and other benefits available to refu- them have absolutely no health insur- where we have to work together where gees admitted under section 207 of such Act ance. We are trying to protect them there cannot be an inch of distance be- (8 U.S.C. 1157) for a period not to exceed 6 and follow them so we can make sure tween us. months.

VerDate Aug 31 2005 01:55 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G22OC6.043 S22OCPT1 bajohnson on PROD1PC71 with SENATE S13182 CONGRESSIONAL RECORD — SENATE October 22, 2007 Mr. CARDIN. Mr. President, Senators Special immigrant translators have The amendment is as follows: SMITH, LIEBERMAN, DURBIN and I offer no past experience obtaining work per- On page 85, line 10, strike the colon and in- this amendment to grant Iraqi and Af- mits, Social Security numbers, bank sert: ghan special immigrant visa holders 6 accounts, and all the other documents Provided further, That, no less than 25% of months of eligibility for resettlement and necessities of everyday life in this the new grants under the Elementary and Secondary School Counseling program, shall assistance when they arrive here in the country. While special immigrant be awarded to local education agencies that United States. translators have valuable job skills, demonstrate a need for additional counseling The United States currently provides they often need further training and services due to the impact of a federally de- up to 500 special immigrant visas, assistance with job placement. clared major disaster or emergency.’’ SIVs, to translators from Iraq and Af- So Senator SMITH and I have intro- Ms. LANDRIEU. Mr. President, first ghanistan. To be eligible for an SIV, an duced this amendment to make these let me say I wish to be added as a co- individual from either of those two special immigrants from Iraq and Af- sponsor to Senator CARDIN’s amend- countries must: (1) faithfully serve as a ghanistan eligible for 6 months— of re- ment. I was very taken by his presen- translator with the U.S. military or settlement assistance. They have been tation about the responsibility that we chief of mission for at least a year and the eyes and ears of our military, and do have, and it has been on my mind, (2) be recommended to the program by they have saved so many American actually, for several weeks about our a general, flag officer, or chief of mis- lives. They now have a target on their allies and support staff in Afghanistan sion. Visas are also issued for the back because of their service to our and Iraq, so I want the clerk to note spouse and dependent children of the country, and we need to protect them that I wish to be a cosponsor to the SIV applicant. by granting them safe refuge in the Cardin amendment. According to the Department of United States. Frankly, I don’t know But I rise to speak about an amend- State, the U.S. issued 823 special immi- how we could justify doing any less for ment I am offering, and I have had grant visas to Iraqis this year. This in- people forced to flee their homes and some very good advice and counsel on cluded 432 visas for principal applicants their country because they have been this amendment from several members and 391 visas for family members. helping us. This is just for 6 months— of the committee, and I will speak As a matter of course, immigrants just enough to get them on their feet. about the amendment as if it is modi- who come to the United States through I would note that the Congressional fied, because Senator KENNEDY sug- the U.S. Refugee Admissions Program, Budget Office, CBO, has estimated that gested I might make some changes to including Iraqis and Afghans, are eligi- the amendment would have no effect it. ble for travel loans to help them get to on direct spending under current law. As you may remember, last week the the United States and for resettlement The Iraqis and Afghans admitted Senate was very helpful in reinstating assistance once they arrive here. As a under the special immigrant visa pro- one mental health program that had matter of course, the Federal Govern- gram have risked their lives to serve been cut, I think very inappropriately, ment tries to ensure that refugees are the United States. Without the assist- and it couldn’t have been at a worse able to make the transition to a pro- ance my amendment offers, they may time for us in the gulf coast. It was an ductive life in the United States by remain trapped in the region or they outstanding model program. Last week providing preliminary housing; school may face a tougher time than is nec- the Senate adopted my amendment to enrollment; and job training assist- essary or right adjusting to U.S. soci- reinstate a child’s health program that ance. ety. My amendment is a helping hand LSU had been running for 4 years, be- In spite of their service to our coun- to people who have helped us. It’s a cause after Katrina and Rita hit, it was try, however, individuals from Iraq and way to repay them for their service by literally the only child counseling pro- Afghanistan who come here on Special helping them to get here and begin liv- gram in the metropolitan area. That Immigrant Visas receive no help with ing safe and productive lives in Amer- has already been done. travel or readjustment. ica. We have a strong obligation to Tonight I come to the floor to try to The U.S. Government does not keep keep faith with the Iraqis and Afghans help again in the same area of mental track of how many of the 823 Iraqis ad- who have worked so bravely with us— health. We have crafted this amend- mitted into this program actually have and have often paid a terrible price for ment so that it has no impact on the been able to travel to the United it. underlying bill because what it does, States. Experts believe that many I urge my colleagues to support this basically, is set a competitive pref- translators with SIVs are still trapped amendment. erence. This is not a set-aside but a in the region because they cannot af- Mr. President, I yield the floor. competitive preference for programs ford the cost of the SIV fees and the The PRESIDING OFFICER. The Sen- within the already existing and already plane tickets, especially if they are ator from Louisiana. funded school-based mental health pro- bringing members of their immediate AMENDMENT NO. 3446 TO AMENDMENT NO. 3325 gram. That has been well established family. Ms. LANDRIEU. Mr. President, I and well run for many years. Like refugees, many Iraqi and Af- send an amendment to the desk—I My amendment, with the Kennedy ghan special immigrants face hardships want to clarify it has actually been modification, simply says that the De- that make it difficult to immediately filed—amendment No. 3446. partment should look out in the coun- adapt to their new home. Many have The PRESIDING OFFICER. The try, and if there are areas where a dis- been forced to leave their homes and amendment is at the desk. aster has been declared, they would all their personal wealth in Iraq. Many Ms. LANDRIEU. I wish to call it up give a competitive preference to those have been forced to pay ransoms or for consideration. areas and to those schools in giving out have been robbed by criminals while The PRESIDING OFFICER. Without these grants for counseling. fleeing the country. Moreover, while objection, the pending amendment is I cannot even begin to express the he- translators are paid well by Iraqi set aside and the clerk will report. roic efforts of our schools—public standards, that compensation doesn’t Without objection, the clerk will re- schools, private schools, and parochial amount to much for people trying to port the amendment without prejudice schools—and the things some prin- live in the United States. to the rights of all Senators. cipals, teachers, faith-based organiza- U.S. soldiers are paying for the plane The assistant legislative clerk read tions, and foundations have done to tickets of their Iraqi interpreters out as follows: help rebuild hundreds of schools that of their own pockets and acting as The Senator from Louisiana [Ms. were destroyed. We found, in our dis- hosts and social workers for the indi- LANDRIEU] proposes an amendment num- aster—and of course we are learning a viduals and families they are unoffi- bered 3446 to amendment No. 3325. lot from the lessons learned in the dis- cially ‘‘sponsoring’’ when they arrive Ms. LANDRIEU. I ask unanimous asters of Katrina and Rita, but one here in the U.S. This puts a heavy consent to dispense with the reading of thing I know for sure, and I don’t need strain on our soldiers attempting to the amendment. a survey or anybody else to tell me make their own tough readjustment to The PRESIDING OFFICER. Without about it because, as you know, I have life back home. objection, it is so ordered. been following it pretty closely, is that

VerDate Aug 31 2005 02:47 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G22OC6.044 S22OCPT1 bajohnson on PROD1PC71 with SENATE October 22, 2007 CONGRESSIONAL RECORD — SENATE S13183 the first thing parents and a commu- munitywide traumatic event. Schools The assistant legislative clerk pro- nity want back, basically, is their are a very important site for delivering ceeded to call the roll. schools. mental health services. Schools are Mr. HARKIN. Mr. President, I ask After a whole neighborhood is de- often best situated to recognize imme- unanimous consent that the order for stroyed, or large parts of a city, no diate mental disorders. School-based the quorum call be rescinded. matter how large or how small, in mental health services lead to in- The PRESIDING OFFICER. Without order to get back to normal, parents creased academic achievement, de- objection, it is so ordered. first have to get their children safe and creased attention problems and dis- AMENDMENTS NOS. 3427, AS MODIFIED; 3379, AS into a school. So we noticed right after ciplinary issues, and reduce special MODIFIED; 3344, AS MODIFIED; 3361 TO AMEND- Katrina-Rita, with 300,000 children education referrals. MENT NO. 3325 EN BLOC looking for a place to go to school on The national average, unfortunately, Mr. HARKIN. We are making Monday morning, there was a great as we know—and I think we need more progress. I have some amendments that struggle underway for parents to start resources in this area—is 476 students can be cleared. First I have to send to stabilize their family situation by for every 1 counselor. The rec- some modifications to the desk. getting their children back in school. ommended ratio in our schools is 250 to I send to the desk a modification to Even if the family had no home, even if 1. So imagine in the devastated areas Cornyn amendment No. 3427, a modi- the father or mother had no job, even if along the gulf coast and in other fication to another Cornyn amend- they couldn’t locate the grandparents, places, such as in Kansas, where Sen- ment, No. 3379, and a modification to they were first thinking about where ator PAT ROBERTS experienced a great Baucus amendment No. 3344. can our children go to school on that tornado disaster in a much smaller I now ask unanimous consent to call Monday morning. community, but it was pretty much a up amendment No. 3361 by Senator Imagine the children coming into complete destruction of a town in Kan- BROWN; amendment No. 3427 by Senator schools—and I could tell you so many sas; or as Senator BOXER is experi- CORNYN, as modified; amendment No. stories, extraordinary stories of teach- encing right now in Southern Cali- 3379 by Senator CORNYN, as modified; ers and schools and principals who fornia, this amendment would look for- and amendment No. 3344 by Senator opened their arms to children who ward. Again, it would not add anything BAUCUS, as modified, and ask for their came in and who had been traumatized to the budget, but I think it would give immediate consideration. from not only, of course, losing their us an opportunity to give some appro- The PRESIDING OFFICER. Without own home, but some of the children priate competitive preference to these objection, the foregoing amendments swam out of water, some children, un- children. are proposed en bloc, considered en fortunately, saw many people die in Mr. President, I yield the floor. bloc, and agreed to en bloc. the disaster, and some had losses in The PRESIDING OFFICER. The Sen- The amendment (No. 3361) was agreed their own immediate families. So I ator from Iowa. to. Mr. HARKIN. Mr. President, I wish to don’t think I have to explain the need The amendments (Nos. 3427, 3379, and announce to all Senators there will be and the importance of mental health 3344), as modified, were agreed to, as no more votes tonight. But I must say counseling. follows: there are a lot of amendments floating That is what this bill does. Senator AMENDMENT NO. 3427, AS MODIFIED around that have not been offered, and HARKIN has been a phenomenal sup- At the appropriate place in title II, insert we do have some that are pending. We porter of this program. I think he actu- the following: are working on those right now, and ally helped to create it. Again, I am SEC. ll. It is the sense of the Senate that shortly—I hope within the next few a portion of the funds appropriated under not asking for any new money to be minutes—I will be propounding a unan- this title be used for frequent hemodialysis added. I am not even asking for a set- imous consent request that when we clinical trials at the National Institute of aside for any of the programs in the come in at 10 o’clock tomorrow morn- Diabetes and Digestive and Kidney Diseases. gulf coast. I am simply saying as we ing we will have a list of amendments AMENDMENT NO. 3379, AS MODIFIED look to the future to fund these pro- that we will be voting on. On page 3, line 24, strike ‘‘$125,000,000’’ and grams that we give a competitive pref- So I say to Senators, if you have an insert ‘‘$150,000,000’’. erence, if you will, for schools that find amendment that is floating around out AMENDMENT NO. 3344, AS MODIFIED themselves in disaster areas. there, and we have a list of them, and On page 34, lines 8 and 9, strike ‘‘: Pro- Senator BOXER spoke for 10 minutes you want it offered, I would suggest vided,’’ and insert the following: ‘‘, and of on the crisis underway in Southern you better get over here tonight and do which $250,000 shall be for the Center for As- California. Imagine the trauma some of it, because once we start the votes in bestos Related Disease (CARD) Clinic in these children are going to be dealing the morning at 10 o’clock—and hope- Libby, Montana: $250,000: Provided further,’’. with over the next months and years fully we will reach unanimous consent Mr. HARKIN. Mr. President, for Mr. trying to rebuild in those communities, with the other side on that, as I said, in BAUCUS, I ask unanimous consent to or if their home was completely de- a few minutes—that is going to chew have printed in the RECORD a letter stroyed by fire. These disasters, by up a lot of the clock. And since an dated October 17, 2007. their very nature, cluster in certain agreement has been reached that we There being no objection, the mate- communities. So you might have a would finish by 12:30 tomorrow, that rial was ordered to be printed in the group of schools where 90 percent of means if you have an amendment to be RECORD, as follows: the children lost their homes, or a offered, you are going to get squeezed U.S. SENATE, large proportion of children might have tomorrow morning. We may have to Washington, DC, October 17, 2007. lost someone in their family in a dis- have one of those kind of agreements Hon. ROBERT C. BYRD, aster. So it makes common sense for us where you get 1 minute to speak, and Chairman, Senate Appropriations Committee, to be a little more sensitive to these you can offer your amendment, but it Washington, D.C. Hon. THAD COCHRAN, mega disasters, and that is what my is going to be pretty hard to get an amendment does. So I offer it now. I Ranking Member, Senate Appropriations Com- amendment in tomorrow morning. mittee, Washington, D.C. don’t know if it can be accepted by I have to say to Senators, if you have DEAR MR. CHAIRMAN AND RANKING MEMBER: voice vote. I am happy for it to be an amendment that you feel strongly As part of the FY 2008 appropriations proc- voted on at any time. If everything else about and you want to have offered, ess, I have submitted requests for earmarks is in order, I will leave the rest to the you better get over here this evening. for FY 2008 appropriations bills or reports as managers. Because tomorrow morning the traffic required by the Senate Appropriations Com- While I am waiting on some docu- is going to be pretty crowded around 10 mittees and the individual Subcommittees. I am writing you to certify that neither I ments in another matter, let me say a o’clock. few more things about this. The funds nor a family member has a pecuniary inter- Mr. President, while we wait to work est in the FY 2008 earmark request I sub- would be divided between four grantees out some other matters, I suggest the mitted in an October 17, 2007 amendment to to leverage funds for mental health absence of a quorum. H.R. 3043, the Departments of Labor, Health services, as I said, to the schools. The The PRESIDING OFFICER. The and Human Services, and Education, and Re- schools play a central role after a com- clerk will call the roll. lated Agencies Appropriations Act, 2008. This

VerDate Aug 31 2005 01:55 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G22OC6.046 S22OCPT1 bajohnson on PROD1PC71 with SENATE S13184 CONGRESSIONAL RECORD — SENATE October 22, 2007 is in compliance with Senate Rule XXXVII vides a process for compensating these Chronic obstructive pulmonary disease, (4) . victims, this process is often far too or COPD, is a growing public health Thank you for your leadership on the Ap- burdensome. threat in America. It is the fourth propriations Committee. If you or your staff Mr. SPECTER. I agree with the sen- has any questions or concerns, please do not leading cause of death in the U.S. and hesitate to contact Will Sehestedt of my ior Senator from California. is a major source of serious long-term staff. Mrs. FEINSTEIN. Santa Susana disability. COPD kills more than With best personal regards, I am Field Laboratory employees played a 120,000 Americans each year—an aver- Sincerly, significant role in keeping our Nation age of one every 4 minutes. MAX BAUCUS secure during the Cold War era. For ex- Despite these alarming statistics, the Mr. HARKIN. Mr. President, we have ample, many of these workers were in- United States does not have a coordi- worked through four more amend- strumental in developing our nuclear nated approach to tracking COPD mor- ments. We are still working on others. weapons program. Unfortunately, bidity and mortality trends, identi- Hopefully, soon we will have a unani- many workers were not aware of the fying people at risk for COPD and en- mous consent proposal for tomorrow hazards at their workplace. Remark- suring they are evaluated by their phy- morning and linking up the votes be- ably, no preventative equipment like sicians, and educating the public about ginning at 10 o’clock. respirators, gloves, or body suits was the causes and symptoms of COPD. I say to Senators, if anyone out there provided to workers. Mr. HARKIN. I thank Senator CRAPO has an amendment, there is no one on Currently, over 600 claims for com- for his remarks. I agree that COPD is the floor. If anyone has an amendment pensation have been filed by Santa an important health threat facing the they want to have offered, you would Susana Field Lab workers. Ninety per- American public. In part that is why be well advised to do it tonight or you cent of those have been denied due to a Senator SPECTER and I have fought may not be able to do it tomorrow. lack of documentation or their inabil- hard to increase funding for the Na- SANTA SUSANA FIELD LABORATORY ity to prove that they meet exposure tional Institutes of Health and the Cen- Mrs. FEINSTEIN. Mr. President, I thresholds. Santa Susana Field Lab ters for Disease Control and Prevention would like to enter into a colloquy workers and their families are faced to address COPD and other pressing with Senators HARKIN and SPECTER with the burden of having to recon- public health issues. Since 2003, the concerning my amendment to the un- struct exposure scenarios that existed year after the NIH doubling was com- derlying bill, amendment 3403, which nearly 40 years ago, in most cases with plete, funding into research on COPD would provide compensation to quali- no records or documentation. has continued to increase by $13 mil- fying individuals injured in the course My amendment would cut the red- lion at the National Institutes of of employment at the Santa Susana tape by amending section 3621 of the Health. The bill before us, our Senate Field Laboratory in California. This Energy Employee Occupational Com- Labor-HHS bill includes a $4.4 million amendment mirrors legislation I intro- pensation Program Act of 2000 to treat increase for the CDC to work with at duced in July to correct longstanding employees of Santa Susana Field Lab- least seven additional States in fiscal injustices to these nuclear workers and oratory as members of the Special Ex- year 2008 on preventing heart disease their families. Because of the revenue posure Cohort. Individuals would be el- and stroke. I am very proud of these in- impact of this amendment, I have cho- igible for benefits if they worked at creases and I thank my colleague Sen- Santa Susana Field Lab for a total of sen not to call it up at this time. How- ator SPECTER for helping to make them ever, the plight of the Santa Susana 250 days and developed a serious illness possible. Field Laboratory employees deserves that is known to be a result of expo- Mrs. LINCOLN. I thank the chairman mention as we debate this important sure to radiation or other toxins at the for his thoughtfulness and dedication bill. Lab before January 1, 2006. and would like to recognize the leader- In 1999, Congress approved the En- Employees who contracted specified ship of my colleague from Idaho on this ergy Employee Occupational Com- cancers from exposure to radiation important issue. I share Senator pensation Program to provide a $150,000 would receive at least $150,000, and em- CRAPO’s concern that COPD is a grow- payment and medical benefits to work- ployees exposed to toxic chemicals ing and largely unrecognized health ers who developed serious illnesses as a would receive $250,000. Additionally, problem in America. Today more than result of their work for the Depart- my amendment would allow previously 12 million Americans are diagnosed ment of Energy. The program has been denied Santa Susana Field Lab claim- with COPD, and research published by plagued by slow processing times and ants under the Energy Employee Occu- the CDC suggests that an additional 12 roundly criticized by the families pational Compensation Program Act of million Americans have undiagnosed struggling to receive compensation for 2000 the opportunity to reapply for COPD. That is 12 million Americans the deaths of loved ones. compensation and medical benefits. I believe it is the responsibility of This is a matter that this body needs who have a debilitating and lethal dis- Congress to expand the Special Expo- to address before it is too late. Do the ease but don’t know it. sure Cohort to include qualifying chairman and ranking member of the Equally alarming is the impact Santa Susana Field Laboratory em- subcommittee agree? COPD is having on women. For several ployees. This would allow eligible Mr. HARKIN. I agree with the re- years, COPD was largely considered a claims to be compensated without the marks of the senior Senator from Cali- disease of men. However, in 2000, the completion of a radiation dose recon- fornia. mortality rate for women for COPD ex- struction or determination of the prob- Mr. SPECTER. I agree. ceeded that of men. Today, COPD is an ability of causation. I would like to ask Mrs. FEINSTEIN. I thank my col- equal opportunity killer. Senator HARKIN the chairman of the leagues for their support. It is my hope I too am concerned that despite these Appropriations Subcommittee Labor, that the Senate will soon address this statistics, the U.S. does not have a co- Health and Human Services, Edu- matter so Santa Susana Field Labora- ordinated public health strategy to ad- cation, and Related Agencies, and Sen- tory workers and their families can fi- dress COPD. Senator CRAPO and I ator SPECTER, the ranking member of nally receive the compensation they would like to urge the CDC to begin de- this subcommittee, whether they agree deserve. veloping a COPD response plan. with me that Congress should expand COPD Mr. HARKIN. I thank the Senator the Special Exposure Cohort so that Mr. CRAPO. Mr. President, my dis- from Arkansas for her consideration the claims of qualifying individuals tinguished friend and colleague from and I assure her that I will work with can processed more efficiently? Arkansas, Mrs. LINCOLN, and I rise to her and Senator CRAPO to ensure that Mr. HARKIN. I believe it is impor- engage our colleague from Iowa Chair- the CDC is responsive to their con- tant to compensate workers who have man HARKIN and our colleague from cerns. suffered as a result of their employ- Pennsylvania in a colloquy. Mr. SPECTER. I appreciate Senator ment with the Department of Energy, I would like to share with my col- LINCOLN and Senator CRAPO for con- and although the Energy Employee Oc- leagues a pressing health concern fac- tinuing to advocate on this important cupational Compensation Program pro- ing the American public—COPD. issue. I too will work with Chairman

VerDate Aug 31 2005 02:47 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\A22OC6.013 S22OCPT1 bajohnson on PROD1PC71 with SENATE October 22, 2007 CONGRESSIONAL RECORD — SENATE S13185 HARKIN to ensure CDC is responsive to Board participated in the pilot project Mrs. HUTCHISON. I join Senator this issue and begins developing a na- of this program. Based on the success BOND in his recognition of the chal- tional plan to address COPD. of that pilot project, I support its ex- lenges that Labor-HHS appropriations LOW INCOME HOME ENERGY ASSISTANCE pansion nationwide. I hope that in con- presents, and I sincerely appreciate the Mr. REED. Mr. President, I would ference, we can keep this House report continued efforts of my colleagues to like to engage my colleagues, Senator language. emphasize the importance of increased HARKIN and Senator SPECTER, in a col- Mr. HARKIN. Mr. President, I thank funding for CHGME. I support an in- loquy on the Fiscal Year 2008 Labor, my colleague from Rhode Island for crease in funding for CHGME to $307 Health and Human Services, Edu- sharing his views with me on LIHEAP million, and I thank the chairman and cation, and Related Agencies Appro- and the national center for public ranking member for their support in priations bill. health informatics. trying to increase funding in con- I want to thank Senator HARKIN and We are facing a real crisis in Iowa ference. and across the Nation. Last year in Senator SPECTER for their work on this The number of children throughout bill. The bill restores cuts proposed in Iowa the average LIHEAP benefit was reduced by 30 percent. With record en- our country is rapidly increasing, and the President’s budget while balancing we must provide the necessary funding many important national priorities. ergy costs projected for this winter, to train pediatricians and pediatric The President’s proposed budget re- many Iowa families are worried about subspecialists at a pace that reflects quest of $141 billion for the programs how they will pay their heating bills. the child population growth. For exam- funded by this bill is clearly inad- No family should have to choose be- ple, from 2000 to 2006, the number of equate and I am glad the Committee on tween paying an energy bill and put- children in my home State of Texas in- Appropriations allocated additional ting food on the table for their chil- creased by an astounding 501,800, and funding to this bill. However, even with dren. For this reason I look forward to the projected increase of children in this additional funding, I recognize the working with my colleague to increase Texas from 2006 to 2010 is over 346,000. difficult budget constraints facing the funding for the LIHEAP program in CHGME funding helps provide access to subcommittee as it tries to reverse pre- conference. pediatric medical services and ensures vious funding cuts to important edu- Mr. SPECTER. Mr. President, the the needs of children are addressed cation, labor, and health and human LIHEAP program benefits many fami- lies and seniors in Pennsylvania. It with specialized health care. service programs. One program particularly important provides a vital safety net for these CHGME is essential to ensuring that to working Americans families and households so they do not have to pediatricians and pediatric subspecial- seniors is the Low-Income Home En- make the choice between prescription ists in cardiology, emergency care, gas- ergy Assistance Program, or LIHEAP. I drugs and heat, or paying a grocery bill troenterology and other fields receive know the chairman and ranking mem- or energy bill. I look forward to work- the necessary medical training to pro- ber are strong supporters of this pro- ing with Chairman HARKIN and Senator vide the best level of care to our chil- gram. Studies have shown that energy REED on increasing funding for this dren. In Texas, 60 percent of pediatric program in conference. insecurity affects the health, nutrition, residents and 84 percent of pediatric and learning of children. LIHEAP pro- GME PROGRAM subspecialists are trained at children’s vides vital assistance to families, dis- Mr. BOND. Mr. President, I wish to hospitals, and CHGME funding sup- abled individuals, and seniors so they thank everyone for all their work in ports children’s hospitals. Without this don’t have to choose between eating putting this bill together. I fully appre- funding, we risk facing a national de- and paying an energy bill. With utility ciate the significant challenges that cline and ultimate shortage in the Chairman HARKIN and Ranking Mem- shutoffs and arrears on the rise, we number of physicians that have re- ber SPECTER face in balancing spending cannot afford to support the Presi- ceived the specialized training to treat priorities with limited resources. I dent’s cut of $379 million to the pro- our smallest and youngest patients. want to thank them for restoring $99 gram. In my home State, utility shut- million in funding for the Children’s I support an increase in funding be- offs for nonpayment are at their high- Hospital GME program. Unfortunately, cause CHGME strengthens each State’s est level in 10 years. The State’s data that level is still almost $200 million ability to retain pediatricians after shows that through August, there were below last year’s level. completion of the residency program. 20,326 shutoffs for the year. If this is CHGME is a valuable investment. It Of the residents and fellows trained by not bad enough, the Energy Informa- made it possible for children’s hos- CHGME hospitals, nearly 60 percent re- tion Administration’s Winter Outlooks pitals to sustain and expand their main to practice in the State in which estimates that the average household teaching programs without having to they completed their pediatric resi- will spend $891 to heat with natural gas sacrifice their commitments to clinical dency. In some States, this percentage this winter and a family heating with care for all children and research to is even higher. oil can expect to spend $1,785 this win- improve children’s care. These hos- Texas and the Nation depend heavily ter. We need to increase LIHEAP fund- pitals are major safety net providers of on children’s hospitals to care for criti- ing, not cut it as proposed in the Presi- inpatient and community-based ambu- cally and seriously ill children, as well dent’s budget. I want to thank the latory care for low-income children as the low-income children in their chairman and ranking member for re- and—as most of us know—the hospitals communities. Increasing CHGME fund- storing funding to the Fiscal Year 2007 we depend on to care for seriously and ing is an investment in children’s level, but it is my hope that in con- chronically ill children. health. For these reasons, I proudly ference we will be able to raise Spending has grown less than 4 per- join my colleagues in emphasizing the LIHEAP funding to $2.662 billion, the cent over 5 years since the program importance of this issue, and I hope we level provided in the House. was fully funded. Congress reauthor- can increase the funding for CHGME I would also like to bring another ized the program with overwhelming when we conference with the House of issue to your attention. The House bill bipartisan support last year and set a Representatives. contains report language that would new funding level at $330 million, direct the national center for public which is based on continuing equity Mr. VOINOVICH. Mr. President, I health informatics to continue to fund with Medicare GME. The House Labor- join my colleagues in support of the the establishment of a nationwide HHS appropriations bill funds the pro- Children’s Hospital Graduate Medical database of contact information for gram at the $307 million level, which I Education Program, known by many as practicing physicians. In the event of a hope we can achieve in conference. CHGME. terrorist attack, natural disaster, or a I know that both the chairman and Medicare is the only provider of grad- pandemic, Federal agencies and State the ranking member are strong sup- uate medical education funding, but and local health departments could use porters of this program, and it is my because children’s hospitals care for this database to contact physicians to hope that we will be able to work to- the young not the elderly, they are un- request their help. In my State of gether to secure the House number in able to access funding provided by Rhode Island, the Rhode Island Medical conference. Medicare. To correct the disparity of

VerDate Aug 31 2005 01:55 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G22OC6.001 S22OCPT1 bajohnson on PROD1PC71 with SENATE S13186 CONGRESSIONAL RECORD — SENATE October 22, 2007 Federal support between adult teach- have said. In Iowa, we don’t have free- thank my friend from North Dakota ing hospitals and freestanding chil- standing children’s hospitals—instead for his leadership on this issue. This dren’s teaching hospitals, Congress cre- our children’s hospitals are part of program is a smart investment and one ated the Children’s Hospitals Graduate larger systems or institutions. Yet I that I will work to sustain in con- Medical Education Program in 1999. have heard from our hospitals and pedi- ference. By helping pay the travel and CHGME allows our Nation’s inde- atricians about the workforce short- subsistence costs of donors who could pendent children’s hospitals to train ages they face and how important this not otherwise afford to donate, we will many of the pediatricians American program is in making sure the children save lives and reduce the number of children visit each day as well as al- of my State get the best care possible. people on the organ transplant waiting most all of the pediatric sub-specialists For that reason, I join Senator SPEC- list. who care for our Nation’s most fragile TER in our commitment to working to- Mr. SPECTER. I also strongly sup- children. And through stabilizing pedi- ward a higher level of funding for this port efforts to increase the number of atric education, CHGME has also ad- program. organ donors and will work to main- tain this funding in conference. vanced the patient care and research FUNDING FOR THE ORGAN DONATION AND Mr. DORGAN. I appreciate the Sen- missions of some of the Nation’s most RECOVERY ACT trusted hospitals for children. Without Mr. DORGAN. Mr. President, I com- ators’ support, and I look forward to working with them to support this pro- this Federal assistance, these hospitals mend Chairman HARKIN and Ranking gram and other initiatives to increase might be forced to sacrifice a part of Member SPECTER for putting together a the number of organ donors. their critical missions. funding bill for the Departments of In the current fiscal year, the pro- Labor, Health and Human Services, OBESITY gram is funded at $297 million. I am and Education that reflects our Na- Mr. SPECTER. Mr. President, as you know, the rate of obesity, particularly proud to say that that over $30 million tion’s priorities making college more in children, has reached epidemic pro- of those funds—more than 10 percent of affordable, increasing our investment portions across our country. According the total—has supported the training in medical research at the National In- to the Centers for Disease Control and of pediatricians and pediatric special- stitutes of Health, restoring funding Prevention, more than 60 percent of ists at six outstanding children’s hos- for critical rural health programs, and children between the ages of 9 and 13 do pitals in Ohio. But more must be done, increasing our investment in a number not participate in any organized phys- and I urge my colleagues to provide of proven education programs. ical activity outside of school hours. $307 million for this program in fiscal I was pleased that the bill includes a Mr. HARKIN. I agree with the con- year 2008. $2 million increase for the Division of cerns raised by the Senator from Penn- In our country today there is a short- Transplantation at the Health Re- sylvania. Since the 1970s, the percent- age in virtually every subspecialty of sources and Services Administration to age of obesity has more than doubled pediatrics. So it is noteworthy that the implement the Organ Donation and Re- for preschool children ages 2–5 years CHGME has led to the creation of fel- covery Act. There are currently more and adolescents aged 12–19 years, and lowship programs to train pediatric than 97,000 Americans on the organ more than tripled for children aged 6–11 specialists in areas of need such as pe- transplant waiting list. Unfortunately, years. As you know, I have a particular diatric endocrinology, surgical critical nearly 6,000 people on the list die every interest in fighting the obesity epi- care, pediatric neurology, and child year while waiting for a transplant. demic and have been very supportive of abuse and neglect—to name just a few. More than two-thirds of those on the programs that increase physical activ- The CHGME Program needs to be waiting list suffer from end stage renal ity and good nutrition, especially in maintained as a sustainable and reli- disease and are in need of a kidney children. The Centers for Disease Con- able source of funding for children’s transplant. The good news is that pa- trol and Prevention reported in 2000 hospitals across the Nation. tients with end stage renal disease who that only 8 percent of elementary Mr. SPECTER. I thank Senator require a kidney transplant no longer schools, 6.4 percent of middle/junior BOND, Senator HUTCHISON, and Senator need to wait for a kidney from a de- high schools and 5.8 percent of senior VOINOVICH. As I said in committee, I ceased donor or from a blood relative. high schools offer daily physical edu- am committed to providing an in- Advances in medical science now make cation for the entire school year for creased level of funding for Children’s it possible for friends and spouses to students in all grades of the school. Hospitals GME in conference. The chil- donate a kidney to a patient in need. Mr. SPECTER. The Centers for Dis- dren’s hospitals in Pennsylvania exem- The $2 million increase provided in the ease Control and Prevention is doing plify everything they have said. They bill for the Organ Donation and Recov- significant work in this area, and I have been both regional and national ery Act will help increase the number urge the Director to increase aware- leaders in centers of excellence in pedi- of donations from living donors by re- ness in the area of obesity and work co- atric care and pediatric research— imbursing travel and subsistence ex- operatively with organizations that are while meeting the needs of vulnerable penses for donors who could not other- researching, testing and developing in- and low income children across our wise afford to donate. novative approaches to get children State. Their teaching programs are an This modest investment will save more physically active. integral part of all they do—in pro- lives. It also makes economic sense. Mr. HARKIN. I agree with the rec- viding services and making sure that Patients with end stage renal disease ommendation from my colleague from children have the doctors they need. require dialysis, which is covered by Pennsylvania. Experts predict that the My colleagues may not realize the Medicare. According to the Centers for current generation of children could be continuing shortages in pediatric spe- Medicare and Medicaid Services, Medi- the first in history to live shorter lives cialty care—which is centered in these care spends about $55,000 per patient than their parents’ generation. To institutions—or the waiting periods per year for dialysis. On average, pa- fight this public health epidemic, it is that all children and families face for tients with end stage renal disease wait going to take collaboration and part- nonemergency specialty care. CHGME four years before receiving a kidney nership amongst all levels of govern- has provided a cost effective and valu- transplant. This means that every kid- ment, community organizations, and able program in providing enormous ney donation made from a living donor businesses. assistance to these children’s hospitals has the potential to reduce the number TEACHER QUALITY ENHANCEMENT PARTNERSHIP and their ability to continue services of people on the waiting list and save GRANTS and teaching. Most importantly, it di- the government as much as $220,000. Mr. OBAMA. Mr. President, I wish to rectly benefits children’s health care. I hope the chairman and ranking engage in a colloquy with the distin- Mr. HARKIN. Children’s Hospitals member will continue to support this guished Senator from Iowa, Mr. HAR- GME provides freestanding children’s important program in conference and KIN. I appreciate his efforts, as chair- hospitals with the same support for support maintaining the Senate fund- man of the Subcommittee on Labor, graduate medical education that all ing level. Health and Human Services, and Edu- other teaching hospitals receive Mr. HARKIN. I share the Senator’s cation, on the appropriations bill be- through Medicare—as my colleagues support for organ donation, and I fore us today. I commend his continual

VerDate Aug 31 2005 01:55 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G22OC6.008 S22OCPT1 bajohnson on PROD1PC71 with SENATE October 22, 2007 CONGRESSIONAL RECORD — SENATE S13187 efforts over the years to expand edu- ing they need, and can meet the fund- children, and pregnant women have cational opportunities and to provide ing level proposed by our colleagues in been associated with impaired cog- adequate funding and resources for all the House. nitive function, behavior difficulties, students. Mr. HARKIN. I appreciate the re- fetal organ development, and other The most important resource a marks of the Senator from Illinois, as problems. In addition, low levels of school can offer is good teaching, well as his work in championing part- lead in children’s blood can cause re- which necessitates bringing more qual- nerships, such as teacher residencies, duced intelligence, impaired hearing ity teachers into our classrooms, and on the HELP Committee. I realize the and reduced stature. making certain that when we recruit importance of having a quality teacher In the past 6 months, millions of and prepare good teachers, we do so in in every classroom. I know that too products, primarily children’s toys, a way that best ensures their success. many students in high-need schools, have been recalled due to potentially This means providing them adequate both in cities and in rural areas, are harmful levels of lead. These sources of preparation and ongoing support, espe- sometimes taught by inadequately pre- lead exposure are in addition to dan- cially in those pivotal first years in the pared teachers. These teachers are gers of lead poisoning that already classroom. asked to take on challenges that can be exist in the home from lead-based And so, I am grateful for the work of discouraging, or even overwhelming. paints and lead plumbing. It is my be- Senator HARKIN in our collaborative And so we lose too many teachers, lief that we should do more to support and bipartisan efforts on the Senate often before we find out how good they programs that target reduction of lead Committee on Health, Education, could become. exposure and toxicity. Labor, and Pensions, to strengthen I thank the Senator from Illinois for Towards that end, the Centers for provisions to realign the teacher en- recognizing what we have done to avoid Disease Control and Prevention hancement partnership grants in the the elimination of funding for these through the National Center for Envi- Higher Education Amendments with partnership programs. When this bill ronmental Health has created the what we know works best in preparing goes to conference, I look forward to Childhood Lead Poisoning Prevention teachers. We must recruit the best tal- working with my colleague from Illi- Program. The CLPPP plays a major ents to become teachers, and we must nois, and I will continue to try to in- role in the Federal interagency mission work to provide adequate preparation crease the level of funding available for to eliminate childhood lead poisoning and support, so that when talented in- colleges and universities to partner, in by 2010. The efforts put forth by the dividuals become teachers, they are new ways, to improve teacher prepara- CLPPP include assistance in com- successful and want to stay in the tion. Bringing more quality teachers pleting and implementing a Federal classroom. Research shows that new into classrooms is a priority for me, strategic plan to eliminate non- essential uses of lead in consumer teachers are often less effective than and I agree with the Senator from Illi- items and to support State and local teachers with even a few years of expe- nois that it is important to find re- efforts to identify and treat children rience. But recent experience also sources to support effective programs exposed to lead. shows that good preparation programs to better prepare and to better support I thank the chairman for the in- can accelerate the rate at which novice teachers. creased funding this bill provides for Mr. SPECTER. I thank my col- teachers become effective. the National Center for Environmental We must help new teachers get the leagues for raising this issue, and agree Health, and I hope he will work in con- preparation and mentoring they need. to try to help support teacher prepara- ference to provide an increase for the Teacher preparation too seldom pro- tion, using methods that are shown to CLPPP. vides the opportunity to learn under be effective. We all recognize the im- Mr. HARKIN. I share the concerns of the guidance of expert mentors work- portance of teacher quality, and I will my colleague from Illinois, Senator ing in schools that effectively serve continue to work with my colleagues OBAMA, about lead poisoning in chil- high-need students. Most new teachers on this issue. dren. Despite the considerable progress lack this type of support, and so leave Mr. OBAMA. I commend the work of made over the past few decades, much the profession before they experience the Senator from Iowa, and the Sen- work remains to be done to protect our the rewards of the profession. One ef- ator from Pennsylvania, in working to Nation’s children. I am encouraged fective way to provide such preparation ensure that funding for education con- that the CDC is developing a hand-held is through teaching residency pro- tinues to be a priority. I look forward lead screening device that will help to grams, which are established in part- to continuing to work with them on increase testing in underserved com- nerships among colleges or univer- this important issue. munities, who are especially at high sities, school districts, and other com- CHILDHOOD LEAD POISONING PREVENTION risk for lead poisoning. This effort and munity partners. It is essential that we Mr. OBAMA. Mr. President, I wish to other initiatives at CDC merit greater provide support for such partnerships. engage in a colloquy with the distin- support and I will do my best in con- Even as colleges realize the effective- guished chairman from Iowa, Mr. HAR- ference to increase funding for this im- ness of mentoring and induction in pre- KIN, and ranking member Mr. SPECTER portant work. paring teachers, and in working with from Pennsylvania. I appreciate their Mr. SPECTER. I agree with the com- high-needs school districts to tailor continued efforts to ensure fair alloca- ments made by my distinguished col- programs to prepare prospective teach- tion of funding for the health programs league, Chairman HARKIN. ers for the challenges they will face, it outlined in the bill before us. I also un- Mr. OBAMA. I commend the chair- is regrettable that the President pro- derstand the difficulties in making man and ranking member on their posed eliminating support for the part- these determinations. However, the re- work and congratulate them on pas- nership grants that fund these needed cent recalls of child products have sage of this bill. We all agree that and innovative approaches. I commend highlighted the continued threat of every child with lead poisoning is a the Senator from Iowa for working to lead poisoning to children, and I be- preventable and needless tragedy, and I safeguard funding at $28.5 million, a lieve that child lead poisoning preven- look forward to working with both of level that ensures at least that current tion activities at the Centers for Dis- them to identify additional funds for partnership grants can continue. But ease Control would benefit dramati- the CLPPP during conference. this level of funding is less than half of cally from increased funding. PUBLIC CHARTER SCHOOL FUNDING what was available last year, and $11.5 Lead is highly toxic, especially to Ms. LANDRIEU. Mr. President, I ap- million below what our colleagues in young children. It can harm a child’s preciate all of Chairman HARKIN’s ef- the House proposed. It is clearly inad- brain, kidneys, bone marrow, and other forts in bringing this bill forward and equate for encouraging the types of organs. At high levels, lead can cause thank him for his continued support of partnerships, such as residencies, that coma, convulsions, and death. The Na- the Nation’s public schools, including are developing at several sites across tional Academy of Sciences has re- charter schools, which increase the the country. So I hope the Senator ported that comparatively low levels of academic achievement of our Nation’s from Iowa can continue his efforts to lead exposure are harmful. Even low most low-income students. Unfortu- make sure that teachers get the train- levels of lead found in blood of infants, nately, the committee did not provide

VerDate Aug 31 2005 01:55 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G22OC6.005 S22OCPT1 bajohnson on PROD1PC71 with SENATE S13188 CONGRESSIONAL RECORD — SENATE October 22, 2007 enough funding for public charter vary in specific mission and focus but President would have cut these pro- schools. not in their commitment to excellence grams by more than $1 billion. It adds Charter schools are public schools and preparing students to succeed. In $1 billion to expand critical research at created by teachers, parents, and other return for autonomy and freedom from the National Institutes of Health, re- community stakeholders to educate burdensome regulations and policies, versing years of stagnant budgets. And students of all backgrounds and edu- they accept strict accountability for it strengthens education and health cational abilities. In exchange for academic and fiscal success. If charter care by providing money for Head greater accountability for student schools fail to educate their students Start, school improvement, and com- achievement, these schools are free well and meet the goals of their char- munity health centers. from many local and State regulations. ters, they are closed. This bill recognizes how important This flexibility and accountability has I expect that we will see charter access to quality health care is for allowed individuals with nontradi- schools continue to expand across the working families. While the President’s tional backgrounds to create cultures Nation as word of their success budget neglected the uninsured and that have made charter schools top spreads. Five years ago, the President those with limited access to health academic performers often in some of signed into law the No Child Left Be- care, the Senate bill invests an addi- the Nation’s largest urban centers. Be- hind Act, which contains several pro- tional $250 million over the President’s cause of this unique approach to edu- grams that support charter school de- request in the community health cen- cation, demand for these schools has velopment and provides school districts ter program. This will help those fami- been remarkable over the last decade. with the option of converting low-per- lies get medical care without having to In New Orleans, charters schools have forming schools into charter schools. seek it in the emergency room. We been an engine of our school systems It is my hope that the leadership of have all heard stories about how over- rebirth. For the 2006–2007 school year the Labor-HHS-Education appropria- burdened emergency rooms are by pa- almost 60 percent of New Orleans’ pub- tions subcommittee can look at every tients who seek care there because lic schools students were enrolled in possible option, in consultation with they don’t have health insurance or are charter schools, the largest market the House, to support as much funding underinsured. But access to a doctor share of any city in the country. Char- as possible for this worthy program. can prevent a child’s earache from ter schools are not a panacea, but they Mr. HARKIN. Mr. President, I thank turning into a serious infection, and it are a tremendously valuable piece of the Senators from Louisiana and Ten- can make sure a father gets screening education reform, and we should be nessee for their interest in this matter and preventive care so that he doesn’t cautiously optimistic about their po- and for their request. Yes, I agree to develop a serious and expensive form of tential to help close the achievement support as much funding as possible for cancer. gap. In my State, charter schools have public charter schools. This bill also makes investments in come in and filled the intense need we Ms. LANDRIEU. Mr. President, I another critical health care concern— faced following the hurricanes of 2006. thank the chairman. making sure we have enough doctors As the chairman knows, I have filed Mrs. MURRAY. Mr. President, this and nurses and other health care pro- an amendment to restore funds to the bill is about making sure families have fessionals. Last week, I heard about it Credit Enhancement Program. I under- access to health care and children get a again in roundtables I held across the stand the chairman is not in a position good education. It supports cutting- State. to be able to support that amendment edge research, helps build a skilled This bill provides $357 million for the at this time. Before I withdraw my workforce, and ensures that crucial Health Professions and Nursing Pro- amendment, I hope that the chairman services are in reach for people who grams to recruit and hire new health will commit to support as much fund- most need them. Most important, it care professionals—that is $242 million ing as possible for Public Charter gives Americans hope that their Gov- over the President’s proposal. Of this, Schools. ernment is working for them. $169 million is for nursing education. Mr. ALEXANDER. I join the Senior These programs help every family That is $20 million over last year’s Senator from Louisiana in asking and every community. They are prior- level. Our nurses are the front line of Chairman HARKIN and Senator SPECTER ities for me. I know they are priorities care in hospitals and nursing homes. to provide as much funding as possible back home. So I want to thank Senator This will help address the serious nurs- for public charter schools. HARKIN and Senator SPECTER for their ing shortage we already face. One of my last official acts as U.S. leadership and important work on this It is also important that we provide Secretary of Education in 1992 was to bipartisan bill. opportunities and encouragement for write a letter to every school super- These programs should be priorities students who want to go into nursing intendent in America urging them to for this administration too. Unfortu- so that we can replace these retiring create charter schools. I saw these nately, President Bush has threatened caregivers and meet the increasing de- charter schools as ways to remove bur- to veto this legislation. He opposes this mand for nursing care. I applaud the densome rules, regulations, and over- bill it because it represents an increase committee for recognizing this loom- head so that teachers could have more over his requested budget. He says it is ing concern, and I repeat that the time opportunities to use their good judg- ‘‘irresponsible and excessive.’’ Yet the to invest in our health care system is ment to help children and so parents $9 billion increase over the President’s now—before these problems become an could have more choices of schools. request represents a fraction of the $190 urgent issue. We can’t afford to wait. Today, there are over 4,000 charter billion in emergency spending he wants This bill also supports our scientists schools serving more than 1.15 million this year for Iraq and Afghanistan. It is and our biotech industry by funding students in 40 States and the District less than the $10 billion he spends in landmark research. The President’s of Columbia. Over half of these schools Iraq in one month alone. As the Presi- budget would have eliminated hundreds report having waiting lists, averaging dent has waged war overseas, our edu- of research grants from the National 166 students. cation, job training, and health sys- Institutes of Health—money that could I am pleased that 12 charter schools tems have been left to cope with un- lead to cures or treatments for cancer, have opened in Tennessee since passage funded mandates and empty promises. MS, and diabetes, among other dis- of the State’s charter school law in That—not this bill—is what is ‘‘irre- eases. This is on top of years of inad- 2002. Ten of these charter schools are sponsible and excessive.’’ This bill sim- equate funding for NIH. The Senate bill located in Memphis, where they enjoy ply restores some of the money the adds $1 billion for NIH funding nation- critical support from local school offi- President cut and takes a modest step ally. cials, dedicated private partners, and forward after years of going in the This allows scientists at prestigious philanthropic organizations. wrong direction. universities—including the University Charter schools play a unique role in Among other things, this bill boosts of Washington—to continue their inno- public education by offering students a American competitiveness by investing vative medical and biotech research. It variety of options to meet their dif- $4.8 billion in job training and career- also will provide hope for people with ferent learning needs and styles. They and technical-education when the serious diseases—hope that they won’t

VerDate Aug 31 2005 02:47 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G22OC6.047 S22OCPT1 bajohnson on PROD1PC71 with SENATE October 22, 2007 CONGRESSIONAL RECORD — SENATE S13189 have if this research is cut off because growth, as the President has proposed, proceed to vote in relation to the Rob- of lack of funding. nor is it by proposing hundreds of mil- erts amendment; that upon disposition We have heard the President say that lions of dollars in cuts to job training of that amendment, the Senate proceed education is one of his top priorities. programs, as he has one over the last 7 to vote in relation to the Coburn That is why it is so frustrating to me years. This bill rejects the President’s amendment No. 3358; that there be 2 that he is threatening to veto this bill. misguided cuts and goes to great minutes of debate prior to each vote, I am committed to ensuring Federal lengths to maintain a viable workforce equally divided and controlled, with no funds are there to help build and im- and training system. If we want our amendments in order to any of the prove our Nation’s schools. Strong local businesses and our Nation to be amendments covered in this agreement schools make strong communities. We competitive in the global economy, we prior to the vote; and that after the want everyone in this country to have must make skills training for every first vote, the vote time be limited to a promising future and a promising worker a national priority. This bill 10 minutes. job—and education is how you get does that. The PRESIDING OFFICER. Is there there. For some here in the Senate, this objection? The Senate bill supports increased might be an abstract debate about Fed- Without objection, it is so ordered. funding for Pell grants that help kids eral funding. But this debate is about Mr. HARKIN. So, Mr. President, this afford college when they might not real people. It is about 30 kids in a ends our business for this evening, so otherwise have had a chance to get a classroom and a teacher struggling to that when the Senate comes in tomor- college degree. It increases funding for make sure they succeed. It is about row morning, we will have four amend- school improvement by $500 million. It hardworking parents searching for a ments that will take about an hour, sends $1 billion in badly needed money way to get health care for their fami- and then there will be four votes that to help schools in low-income commu- lies when it isn’t provided by their em- will start. They will be stacked votes, nities raise children’s achievement lev- ployers. And it is about workers who and they will then take place 1 hour els and provide more opportunities for need training that will help them get a after we come in. learning. And it reverses the Presi- job that pays enough to support a fam- Again, I say that if we come in at 10 dent’s proposed $100 million cut to ily. in the morning and this takes an hour Head Start. When I travel around Washington and then we vote on four amendments, As a mom, a former preschool teach- State, people tell me they want hope that will take us just about to the noon er, and school board president, I saw and change. Whether it is the war in hour, and we are supposed to finish by firsthand that giving kids a boost early Iraq or gas prices or access to health 12:30. So I say again, if Senators have on can pay off in the future. Reaching insurance—people feel a real weight on amendments, it looks as if they may be kids early makes them more likely to their shoulders. They are looking for a getting crowded out, unless they get graduate and succeed. This isn’t frivo- light at the end of the tunnel, and by over here in a hurry. lous spending. The money we spend on vetoing these important bills—and fail- With that, Mr. President, I suggest education today will help children ing to invest in the health, safety, and the absence of a quorum. grow into better educated, better pre- economic future of all Americans—the The PRESIDING OFFICER. The pared workers. President keeps putting out that light. clerk will call the roll. Providing Americans with the skills Mr. President, in this bill, we are in- The assistant legislative clerk pro- they need to excel in the global econ- vesting more than $7 billion over last ceeded to call the roll. omy while keeping them safe on the year in the future of our country. I Mr. REID. Madam President, I ask job are very basic needs that every urge all my colleagues to support this unanimous consent that the order for working family has the right to expect legislation on behalf of the millions of the quorum call be rescinded. from their Government. That is why I American children and families who The PRESIDING OFFICER (Ms. continue to be baffled by the adminis- would benefit. KLOBUCHAR). Without objection, it is so tration’s lack of commitment to work- And I hope the President is listening. ordered. ers in our Nation. With strong bipar- Mr. HARKIN. Mr. President, I ask tisan support for this bill, the Senate is unanimous consent that when the Sen- f proud to stand with working families ate resumes consideration of H.R. 3043 MORNING BUSINESS and support the priorities that shape tomorrow, Senator ENZI be recognized Mr. REID. Madam President, I ask their daily lives. to call up amendment No. 3437 and When I travel around my home State there be 30 minutes of debate equally unanimous consent that there now be a of Washington, employers tell me they divided and controlled in the usual period of morning business with Sen- are desperate to find workers with the form; that upon the use or yielding ators allowed to speak therein for a pe- skills they need to grow their busi- back of time, the amendment be tem- riod of up to 10 minutes each. The PRESIDING OFFICER. Without nesses. And we have thousands of peo- porarily set aside, and Senator DEMINT ple on waiting lists hoping to get be recognized to call up amendment objection, it is so ordered. trained for these family-wage jobs. Yet No. 3387, and there be 20 minutes of de- f for the last 7 years, the President has bate equally divided and controlled in HONORING OUR ARMED FORCES proposed hundreds of millions of dol- the usual form; that upon the use or lars in cuts for job-training programs, yielding back of time, the amendment STAFF SERGEANT ERIC THOMAS DUCKWORTH shutting the door to millions of dis- be temporarily set aside, and the Sen- Mr. SALAZAR. Madam President, I located workers, youth and disadvan- ate then resume the Roberts amend- want to take a moment to reflect on taged adults who deserve to share in ment No. 3365, and there be 10 minutes the life and service of SSG Eric Thom- the American dream. of debate equally divided and con- as Duckworth of the 759th Military Po- Under his watch, worker safety on trolled in the usual form; that upon the lice Battalion, 89th Military Police the job has also been put at risk. With use or yielding back of time, the Sen- Brigade, stationed at Fort Carson, CO. OSHA’s lack of enforcement, workers ate resume consideration of the Coburn Sergeant Duckworth was killed when a are unprotected. And today’s miners amendment No. 3358, and there be 20 bomb detonated near his vehicle as he continue to work under an administra- minutes of debate equally divided and was leading a convoy through Baghdad. tion that values voluntary compliance controlled prior to a vote; that upon He was 26 years old—a father, a son, a above safety and enforcement. This is the use or yielding back of time, the husband, and a proud soldier. the wrong direction for working fami- Senate return to the Enzi amendment Sergeant Duckworth grew up in lies and the wrong priority for Amer- and vote in relation to the amendment; Plano, TX, an active young man with ica. that upon disposition of that amend- dreams of serving his country. He How do we begin to solve it? Well, ment, the Senate resume the DeMint played baseball and football in high one thing is clear—it isn’t by cutting amendment and vote in relation to the school and, in the time not devoted to $1 billion dollars in job training funds amendment; that upon disposition of studies and athletics, devoted himself at a critical time in our economic the DeMint amendment, the Senate to the ROTC. It was clear from an

VerDate Aug 31 2005 01:55 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\A22OC6.019 S22OCPT1 bajohnson on PROD1PC71 with SENATE S13190 CONGRESSIONAL RECORD — SENATE October 22, 2007 early age that Eric was a leader among rifice will never be forgotten, his leg- father. She wanted them to fly up to his peers; in ROTC he was quickly se- acy always honored. heaven to be with him there. lected to a leadership role and to rep- SERGEANT FIRST CLASS ROCKY H. HERRERA Specialist Marchand is a fine exam- resent his high school at a national Mr. HATCH. Madam President, I rise ple of an honorable U.S. soldier. I am ROTC council. today to commemorate one of Utah’s grateful for brave individuals like Spe- True to his dreams, Eric joined the fallen sons, SFC Rocky H. Herrera of cialist Marchand who give their life to Army just a few days after his 1999 Salt Lake City, UT. Sergeant Herrera create a brighter future for their fam- graduation from high school. After was a member of the 585th Pipeline ily, friends, and Nation. serving in the military, Eric aimed to Company, 864th Engineer Combat Bat- (At the request of Mr. REID, the fol- find a career in law enforcement. From talion. On August 28, 2007, he lost his lowing statement was ordered to be what his family says of him and from life through injuries received from the printed in the RECORD.) what I know from having worked with detonation of an improvised explosive SERGEANT JASON LANTIERI peace officers as Colorado’s attorney device. ∑ Mr. DODD. Madam President. I rise general, he would have been a great fit Sergeant Herrera’s last act was a to fulfill again my most painful obliga- in any police department. He was self- measure full of the love and devotion tion as Senator: to mark the life of an- less, hard working, and friendly. He did he had for his fellow soldiers. Sergeant other young Connecticut man who died his job with a smile and a laugh. Herrera’s battalion was building a in our country’s service. SGT Jason He was also an experienced and bridge when a suicide bomber drove a Lantieri was killed this month in Iraq. steady military police officer who was vehicle carrying an explosive device Sergeant Lantieri’s life was, up to deeply committed to helping bring headed toward them. I have been reli- the last moment, a story of moving peace and security to a war-torn coun- ably informed that just prior to the ex- success. At the age of 11, he was a trou- try. He was the type of American sol- plosion Sergeant Herrera placed his bled child from a broken home, lost in dier who GEN Douglas MacArthur re- body between the vehicle and his men the foster care system. But two caring galed in a 1962 address to West Point to protect the lives of his beloved sol- foster parents helped to transform him: soldiers for their selfless sacrifices and diers. Jon and Kathy Miller, of Killingworth, for their unflinching devotion to the In addition to this act of bravery, who took Jason into their home and protection of our Nation. ‘‘Duty, honor, Sergeant Herrera has always dedicated became a new mother and father to country,’’ MacArthur told the young his life to the preservation of freedom. him. ‘‘We just decided to go and ask if soldiers, ‘‘Those three hallowed words In 1986, Sergeant Herrera joined the he could become part of our family,’’ reverently dictate what you ought to Army Reserve and served as a crane op- Kathy Miller recalled. It wasn’t long be, what you can be, what you will be.’’ erator. A decade later he proudly before Jason was succeeding in school, These three words have been the joined the full time force. serving on the student council, and creed of generation after generation of In addition to the two tours he served competing in three sports. In his obit- American soldiers. They help us under- in Iraq, he was also deployed to Bosnia, uary, the Hartford Courant called it ‘‘a stand the courage and fortitude that South Korea, and Honduras. In each as- life redeemed.’’ allow men like Eric Duckworth to signment he excelled and was accord- Sergeant Lantieri went on to earn a serve two tours of duty thousands of ingly promoted to such vital assign- business degree, but, like so many en- miles from his family, to live in con- ments as a squad leader and a drill in- ergetic young men before him, signed stant peril, and to shoulder the respon- structor. up with the Army for a chance at trav- sibility for keeping his soldiers safe Recently, Sergeant Herrera’s life was el and adventure. By all accounts, he while securing a brighter future for blessed by the birth of his grand- had his wish, from Alaska to Europe to Iraqi citizens. daughter Kylie. The sergeant has left Iraq with a transportation unit in the Duty, honor, country. ‘‘The code behind his wife Traci, as well as two 25th Infantry Division. Still, with all which those words perpetuate,’’ said daughters and two sons. One of Ser- those who choose to serve in this time General MacArthur, ‘‘embraces the geant Herrera’s sons, Matt, remembers of war, Sergeant Lantieri knew that highest moral law and will stand the his dad always spent as much time wearing his country’s uniform meant test of any ethics or philosophies ever with the family as he could. risking his life. A video posted on his promulgated for the things that are I will pray for Sergeant Herrera’s Web page shows how he confronted right and its restraints are from the family and remember their sacrifice of danger with a sardonic sense of humor: things that are wrong. The soldier, their husband, father, and grandfather. Below footage of an explosion in the above all other men, is required to SPECIALIST JASON N. MARCHAND desert, his caption reads, ‘‘Just an- practice the greatest act of religious Mr. HATCH. Mr. President, I also rise other day at the office.’’ training—sacrifice . . . However hard today to pay tribute to one of Utah’s In a war zone, death can come in any the incidents of war may be, the soldier fallen soldiers. SPC Jason N. Marchand daily routine. Its constant presence who is called upon to offer and to give was a member of the 2nd Cavalry Regi- means that in war there is no routine his life for his country is the noblest ment and at the time of his death was and that is just another sacrifice sol- development of mankind.’’ deployed as part of a 2-week field tour diers make for our sake. Last week, a SSG Eric Thomas Duckworth thor- north of Baghdad. transportation accident crushed Jason oughly embodied this creed: he donned Specialist Marchand’s told his family between two vehicles. He was 25. the soldier’s uniform at his first oppor- that he joined the Army to protect his The two strangers he came to call tunity, he led his men on the battle- family and friends. Before his deploy- Mom and Dad have a last record of his field, and he both offered and gave his ment to Iraq, Specialist Marchand voice—a call from Iraq on their answer- life in service to his country. His is a spent the previous year and a half in ing machine. The message is still debt we cannot repay. Germany, which his mother said he there, and I imagine it always will be. To Sergeant Duckworth’s wife loved. They also have the military photos Sonya, to his children Michael, Madi- Specialist Marchand was born on that show Jason in his uniform and son, and Kaylynn, to his brother An- April 8, 1981, in Salt Lake City, UT, to beret, with a firm, unsmiling face. ‘‘I drew, and to his parents Michael and his parents Debbie Parsons and Wil- hardly recognize that person,’’ said Ila, I cannot imagine the pain that you liam Marchand, M.D. Specialist Kathy Miller. ‘‘That’s just a little must feel. I can only hope that in time Marchand had a special relationship piece of Jason. It’s not the whole pic- your grief will be salved by the pride with his family. His mother stated ture of who he is.’’ you must feel for his devotion to his they were open enough to share any- She remembers his class-clowning, country and his love for his family. thing with one another. his toughness on the soccer field, and Eric was a man of courage, dignity, and Specialist Marchand leaves behind a his mischieviousness playing with her selflessness. As he lies in rest at Ar- wife and a 6-year-old daughter, Savan- grandchildren—qualities that aren’t in lington National Cemetery, amid the nah. At the funeral of Specialist the picture. thousands of crosses of America’s fall- Marchand, Savannah said that she The tragedy is that Sergeant en heroes, may you know that his sac- wanted to release some balloons for her Lantieri has lost his whole life; the

VerDate Aug 31 2005 02:47 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G22OC6.025 S22OCPT1 bajohnson on PROD1PC71 with SENATE October 22, 2007 CONGRESSIONAL RECORD — SENATE S13191 class clown and the grown foster son nighttime candlelight tours, and also tion at the Library of Congress, and are dead along with the soldier. We can hopes to provide a public venue for also in the permanent collections of only answer that tragedy with grief night sky viewing while partnering the Fogg Museum at Harvard, the and with gratitude, pledging to remem- with local colleges and universities to Princeton University Museum, and the ber his rich life in its entirety.∑ interpret the skies, and be used as a Fitzwilliam Museum at Cambridge f classroom venue complementing University. science curriculums. Mr. Koren and his wife Curtis live in ADDITIONAL STATEMENTS I am proud of the work being done at central Vermont. He long ago moved to Fort Union to reach out to the commu- our State for reasons he articulated re- cently: RETIREMENT OF JAMES A. (JIM) nity and provide a glimpse of our his- SHERIDAN toric past. The upcoming activities at I was captivated intensely by Vermont. Fort Union remind us of our rich his- There was a deep sense of community. I kept ∑ Mr. CRAPO. Madam President, an tory in New Mexico, and I commend thinking, this is unusual in this society, this Idahoan with the distinction, among the staff at the Fort for their efforts country. I had never come across this kind of other things, of being the oldest fire closely compacted community. I was fleeing and their hard work to further inte- huge, giant-scaled cities without a real cohe- lookout in the Nation at age 89 retired grate the unique history of the Fort from that important post and from the sive sense of place and connection. It turned into the surrounding area and expand out I was a country guy. Federal Government in September. their role as a resource for local stu- James A. ‘‘Jim’’ Sheridan concluded a Not surprisingly, Mr. Koren is a cap- dents and residents. I look forward to tain of the Brookfield, VT, Volunteer long and dedicated career that began, the advancement of this program in at age 53, what could be called a second Fire Department. the months to come.∑ He is well deserving of the honor of career in 1971, when he joined the Bu- f receiving the Governor’s Award for Ex- reau of Land Management as a sea- cellence in the Arts.∑ sonal surveyor. In 1976, Jim became a HONORING EDWARD KOREN fire prevention patrolman, and, at age ∑ Mr. SANDERS. Madam President, f 67, became the Mount Harrison sea- today I acknowledge a Vermont artist REMEMBERING HARRY LEE sonal lookout in the Sawtooth Na- who is widely recognized and widely ∑ Mr. VITTER. Madam President, I tional Forest Minidoka Ranger Dis- loved, Edward Koren. wish to acknowledge the passing this trict. Over the past 22 years, Jim has This year the Vermont Council on month of Sheriff Harry Lee of Jefferson provided a fire prevention message to the Arts is bestowing its Governor’s Parish, LA. Sheriff Harry Lee died of no fewer than 35,000 national forest Award for Excellence in the Arts on leukemia on October 1, and I would visitors. this renowned graphic artist. like to make a few remarks on his suc- As a lifelong rancher and 36-year vet- Mr. Koren carries on the long tradi- cess and his contributions to the area. eran of Government service in the sec- tion of artists who publish their work Sheriff Harry Lee was elected in 1979, ond half of his life, Jim has captured in the mass media, using the tech- beating longtime incumbent Alwynn the secret to staying young—that of niques of drawing to comment on the Cronvich and serving more than six knowing you are never too old to start lives that men and women lead. His terms until his death. He was one of something new. Jim’s life is a wonder- distinguished 19th century antecedents the most popular, well-known politi- ful example of the fact that success include Honore´ Daumier in France and cians in the greater New Orleans area. comes as the result of hard work. Ida- Thomas Nast in the United States. Ed- Throughout his career, Sheriff Harry hoans who visited the Sawtooths were ward Koren is a cartoonist of the first Lee devoted his life to fighting crime. both safer and better educated about order, having published more than 900 It is perhaps Sheriff Harry Lee’s our rugged and beautiful natural re- of his works in The New Yorker. His colorful attitude that made him so be- sources as a result of Jim’s dedication cartoons have appeared in other publi- loved. While we often disagreed on and efforts. I wish Jim and his family cations as well, ranging from The Na- many issues, I have a great respect and well on his retirement, and I thank tion, to the New York Times. admiration for what Sheriff Harry Lee him for his service to our Nation and His work is remarkably distinctive, accomplished in his long tenure. Harry to Idaho.∑ often focusing on shaggy figures en- was a wonderful, gutsy, larger-than-life f gaged in everyday affairs. Their shag- figure who always did what he thought gy, hairy features are a personal signa- was right. Whether I was agreeing with FORT UNION NATIONAL ture; they embody the way he uses him on crime-fighting issues or dis- MONUMENT lines, the way his pen moves on paper. agreeing with him over Edwin Ed- ∑ Mr. DOMENICI. Madam President, I To see one of his cartoons on a page is wards, I always knew he was leading would like to honor and give special at- to recognize it, instantly, as a with his passions and loyalties. tention to New Mexico’s Fort Union ‘‘Koren,’’ even before one knows its Thus, today, I rise to honor sheriff National Monument in Mora County. subject or reads the accompanying Harry Lee that people may honor and Located in the Mora Valley between words or his name at the bottom of the remember him for his devotion to the the Santa Fe and Sangre de Cristo cartoon. State of Louisiana.∑ mountains, Fort Union established in Koren examines people in the midst f 1851, dates back to New Mexico’s terri- of everyday life, revealing that he un- REPORT RELATIVE TO THE torial days, protecting the area’s in- derstands that reality consists not of ISSUANCE OF AN EXECUTIVE habitants and trade routes. something invented by movies or pol- ORDER TO EXPAND THE SCOPE This year Fort Union has initiated a icy analysts but rather what we en- OF THE NATIONAL EMERGENCY new effort called ‘‘The New Mexico counter every day. He is a satirist of RELATIVE TO THE GOVERNMENT Volunteers Living History Program.’’ pretension, and deftly explores the neu- OF BURMA, AS RECEIVED DUR- Volunteers in this program will depict roses of our times. Koren is a great ING ADJOURNMENT OF THE SEN- the Hispanic soldiers of the 1st New chronicler of what the poet Wallace ATE ON OCTOBER 19, 2007—PM 29 Mexico Volunteers, who were enlisted Stevens called ‘‘the malady of the and stationed at Fort Union during the quotidian.’’ The PRESIDING OFFICER laid be- Civil War. One of the current volun- David Remnick, editor of The New fore the Senate the following message teers is a direct descendent of the 1st Yorker, recently told the Burlington from the President of the United New Mexico Volunteers. With some Free Press that ‘‘Ed Koren is one of the States, together with an accompanying training and drilling, Fort Union hopes great original voices of cartooning . . .. report; which was referred to the Com- to begin presenting living history pro- I love his work, always have.’’ mittee on Banking, Housing, and grams depicting the 1st New Mexico Edward Koren’s work has been widely Urban Affairs: Volunteers in early spring next year at recognized by museums as well as the To the Congress of the United States: Fort Union as well as other local media which so often publish his car- Pursuant to the International Emer- venues. Fort Union has also reinstated toons. His work is in the Swann Collec- gency Economic Powers Act (50 U.S.C.

VerDate Aug 31 2005 02:47 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G22OC6.026 S22OCPT1 bajohnson on PROD1PC71 with SENATE S13192 CONGRESSIONAL RECORD — SENATE October 22, 2007 1701 et seq.) (IEEPA), I hereby report any person whose property and inter- 2007; to the Committee on Environment and that I have issued an Executive Order ests in property are blocked pursuant Public Works. (the ‘‘Order’’) that expands the scope of to the order or Executive Order 13310. EC–3719. A communication from the Sec- the national emergency declared in Ex- The order leaves in place the existing retary of Transportation, transmitting, pur- ecutive Order 13047 of May 20, 1997, and prohibitions on new investment, the suant to law, an annual report relative to the administration of the Surface Transpor- takes additional steps with respect to exportation or reexportation to Burma tation Project Delivery Pilot Program; to that national emergency. of financial services, and the importa- the Committee on Environment and Public In 1997, the United States put in tion of any article that is a product of Works. place a prohibition on new investment Burma, which were put into effect in EC–3720. A communication from the Prin- in Burma in response to the Govern- Executive Order 13047 and Executive cipal Deputy Associate Administrator, Office ment of Burma’s large-scale repression Order 13310. of Policy, Economics and Innovation, Envi- of the democratic opposition in that I delegated to the Secretary of the ronmental Protection Agency, transmitting, country. On July 28, 2003, those sanc- Treasury, after consultation with the pursuant to law, the report of a rule entitled tions were expanded by steps taken in Secretary of State, the authority to ‘‘Bifenthrin; Pesticide Tolerance’’ (FRL No. 8151–5) received on October 18, 2007; to the Executive Order 13310, which contained take such actions, including the pro- prohibitions implementing sections 3 Committee on Environment and Public mulgation of rules and regulations, and Works. and 4 of the Burmese Freedom and De- to employ all powers granted to the EC–3721. A communication from the Prin- mocracy Act of 2003 (Public Law 108–61) President by IEEPA and section 4 of cipal Deputy Associate Administrator, Office and supplemented that Act with addi- the Burmese Freedom and Democracy of Policy, Economics and Innovation, Envi- tional restrictions. I have now deter- Act of 2003 as may be necessary to ronmental Protection Agency, transmitting, mined that the Government of Burma’s carry out the purposes of the order. pursuant to law, the report of a rule entitled continued repression of the democratic I am enclosing a copy of the Execu- ‘‘Federal Implementation Plans for the opposition in Burma, manifested most tive Order I have issued. Clean Air Interstate Rule: Automatic With- recently in the violent response to drawal Provisions’’ (FRL No. 8485–7) received GEORGE W. BUSH. on October 18, 2007; to the Committee on En- peaceful demonstrations, the commis- THE WHITE HOUSE, October 18, 2007. sion of human rights abuses related to vironment and Public Works. political repression, and engagement in f EC–3722. A communication from the Prin- cipal Deputy Associate Administrator, Office public corruption, including by divert- EXECUTIVE AND OTHER of Policy, Economics and Innovation, Envi- ing or misusing Burmese public assets COMMUNICATIONS ronmental Protection Agency, transmitting, or by misusing public authority, war- The following communications were pursuant to law, the report of a rule entitled rant an expansion of the existing sanc- laid before the Senate, together with ‘‘Fenamidone; Pesticide Tolerance’’ (FRL tions. No. 8152–9) received on October 18, 2007; to The order incorporates existing des- accompanying papers, reports, and doc- the Committee on Environment and Public ignation criteria set forth in Executive uments, and were referred as indicated: Works. EC–3713. A communication from the Sec- Order 13310, authorizing the Secretary EC–3723. A communication from the Prin- retary of the Treasury, transmitting, pursu- cipal Deputy Associate Administrator, Office of the Treasury, after consultation ant to law, a six-month periodic report on with the Secretary of State, to des- of Policy, Economics and Innovation, Envi- the national emergency with respect to the ronmental Protection Agency, transmitting, ignate any person determined to be a Democratic Republic of the Congo; to the pursuant to law, the report of a rule entitled senior official of the Government of Committee on Banking, Housing, and Urban ‘‘Pesticide Data Requirements; Technical Burma, the State Peace and Develop- Affairs. Amendments’’ (FRL No. 8114–1) received on ment Council of Burma, the Union Sol- EC–3714. A communication from the Direc- October 18, 2007; to the Committee on Envi- idarity and Development Association tor, Office of Protected Resources, Depart- ronment and Public Works. ment of Commerce, transmitting, pursuant EC–3724. A communication from the Prin- of Burma, or any successor entity to to law, the report of a rule entitled ‘‘Taking cipal Deputy Associate Administrator, Office any of the foregoing. The order blocks and Importing Marine Mammals; Taking Ma- of Policy, Economics and Innovation, Envi- the property and interests in property rine Mammals Incidental to Navy Operations ronmental Protection Agency, transmitting, in the United States of persons listed of Surveillance Towed Array Sensor System pursuant to law, the report of a rule entitled Low Frequency Active’’ (RIN0648–AT80) re- in the Annex to the order and provides ‘‘Pesticides: Redesignation of Part 158; Tech- ceived on October 16, 2007; to the Committee additional criteria for designations of nical Amendments’’ (FRL No. 8116–2) re- on Commerce, Science, and Transportation. persons determined by the Secretary of ceived on October 18, 2007; to the Committee EC–3715. A communication from the Direc- the Treasury, after consultation with on Environment and Public Works. tor, Office of Surface Mining, Department of the Secretary of State, to be respon- the Interior, transmitting, pursuant to law, EC–3725. A communication from the Prin- sible for, or to have participated in, the report of a rule entitled ‘‘Kentucky Reg- cipal Deputy Associate Administrator, Office human rights abuses related to polit- ulatory Program’’ (Docket No. KY–251–FOR) of Policy, Economics and Innovation, Envi- ical repression in Burma; to be en- received on October 17, 2007; to the Com- ronmental Protection Agency, transmitting, gaged, or to have engaged, in activities mittee on Energy and Natural Resources. pursuant to law, the report of a rule entitled ‘‘Pesticides; Data Requirements for Bio- facilitating public corruption by senior EC–3716. A communication from the Acting Assistant Secretary for Fish, Wildlife and chemical and Microbial Pesticides’’ officials of the Government of Burma; ((RIN2070–AD51)(FRL No. 8109–8)) received on to have materially assisted, sponsored, Parks, Fish and Wildlife Service, Depart- ment of the Interior, transmitting, pursuant October 18, 2007; to the Committee on Envi- or provided financial, material, to law, the report of a rule entitled ‘‘Endan- ronment and Public Works. logistical, or technical support for, or gered and Threatened Wildlife and Plans; EC–3726. A communication from the Prin- goods or services in support of, the Designation of Critical Habitat for Piperia cipal Deputy Associate Administrator, Office Government of Burma, the State Peace yadonii’’ (RIN1018–AU34) received on October of Policy, Economics and Innovation, Envi- and Development Council of Burma, 17, 2007; to the Committee on Environment ronmental Protection Agency, transmitting, the Union Solidarity and Development and Public Works. pursuant to law, the report of a rule entitled EC–3717. A communication from the Direc- ‘‘Pesticides; Data Requirements for Conven- Association of Burma, any successor tional Chemicals’’ ((RIN2070–AC12)(FRL No. entity to any of the foregoing, any sen- tor, Office of Congressional Affairs, Nuclear Regulatory Commission, transmitting, pur- 8106–5)) received on October 18, 2007; to the ior official of any of the foregoing, or suant to law, the report of a rule entitled Committee on Environment and Public any person whose property and inter- ‘‘Exemptions from Licensing, General Li- Works. ests in property are blocked pursuant censes, and Distributions of Byproduct Mate- EC–3727. A communication from the Chief to Executive Order 13310 or section 1(b) rial: Licensing and Reporting Requirements’’ of the Publications and Regulations Branch, (i)–(v) of the order; to be owned or con- (RIN3150–AH41) received on October 17, 2007; Internal Revenue Service, Department of the trolled by, or to have acted or pur- to the Committee on Environment and Pub- Treasury, transmitting, pursuant to law, the ported to act for or on behalf of, di- lic Works. report of a rule entitled ‘‘October–December 2007 Section 42 Bond Factor Amounts’’ (Rev. rectly or indirectly, any person whose EC–3718. A communication from the Assist- ant Director, Fisheries and Habitat Con- Rule. 2007–62) received on October 18, 2007; to property and interests in property are servation, Department of the Interior, trans- the Committee on Finance. blocked pursuant to Executive Order mitting, pursuant to law, the report of a rule EC–3728. A communication from the Sec- 13310 or section 1(b)(i)–(v) of the order; entitled ‘‘Injurious Wildlife Species; Black retary of Health and Human Services, trans- or to be a spouse or dependent child of Carp’’ (RIN1018–AG70) received on October 18, mitting, pursuant to law, a report relative to

VerDate Aug 31 2005 02:47 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\A22OC6.026 S22OCPT1 bajohnson on PROD1PC71 with SENATE October 22, 2007 CONGRESSIONAL RECORD — SENATE S13193 performance improvement within the De- assistance for members of the Armed (Mr. COLEMAN) and the Senator from partment during fiscal year 2007; to the Com- Forces who serve in the Armed Forces North Carolina (Mr. BURR) were added mittee on Health, Education, Labor, and after September 11, 2001, and for other as cosponsors of S. 1465, a bill to amend Pensions. purposes. title XVIII of the Social Security Act f S. 600 to provide for coverage under the Medi- REPORTS OF COMMITTEES At the request of Mr. SMITH, the care program of certain medical mobil- name of the Senator from Tennessee ity devices approved as class III med- The following reports of committees (Mr. ALEXANDER) was added as a co- ical devices. were submitted: sponsor of S. 600, a bill to amend the S. 1518 By Mr. LIEBERMAN, from the Committee Public Health Service Act to establish on Homeland Security and Governmental Af- the School-Based Health Clinic pro- At the request of Mr. REED, the name fairs: gram, and for other purposes. of the Senator from California (Mrs. Report to accompany S. 680, A bill to en- FEINSTEIN) was added as a cosponsor of S. 777 sure proper oversight and accountability in S. 1518, a bill to amend the McKinney- At the request of Mr. CRAIG, the Federal contracting, and for other purposes Vento Homeless Assistance Act to re- (Rept. No . 110–201). name of the Senator from Maine (Ms. authorize the Act, and for other pur- By Mr. LIEBERMAN, from the Committee COLLINS) was added as a cosponsor of S. on Homeland Security and Governmental Af- 777, a bill to repeal the imposition of poses. fairs, with amendments: withholding on certain payments made S. 1661 H.R. 1254. A bill to amend title 44, United to vendors by government entities. At the request of Mr. DORGAN, the States Code, to require information on con- S. 803 name of the Senator from New York tributors to Presidential library fundraising organizations (Rept. No. 110–202). At the request of Mr. ROCKEFELLER, (Mr. SCHUMER) was added as a cospon- By Mr. LEAHY, from the Committee on the names of the Senator from Maine sor of S. 1661, a bill to communicate the Judiciary, with amendments: (Ms. COLLINS) and the Senator from Ar- United States travel policies and im- S. 2035. A bill to maintain the free flow of kansas (Mrs. LINCOLN) were added as prove marketing and other activities information to the public by providing condi- cosponsors of S. 803, a bill to repeal a designed to increase travel in the tions for the federally compelled disclosure provision enacted to end Federal United States from abroad. of information by certain persons connected matching of State spending of child S. 1711 with the news media. support incentive payments. At the request of Mr. BIDEN, the f S. 1200 name of the Senator from Michigan At the request of Mr. DORGAN, the INTRODUCTION OF BILLS AND (Mr. LEVIN) was added as a cosponsor of names of the Senator from Massachu- JOINT RESOLUTIONS S. 1711, a bill to target cocaine king- setts (Mr. KENNEDY) and the Senator pins and address sentencing disparity The following bills and joint resolu- from Oregon (Mr. SMITH) were added as tions were introduced, read the first cosponsors of S. 1200, a bill to amend between crack and powder cocaine. and second times by unanimous con- the Indian Health Care Improvement S. 1729 sent, and referred as indicated: Act to revise and extend the Act. At the request of Mr. LEAHY, the By Mr. HATCH (for himself and Mr. S. 1276 name of the Senator from Michigan BIDEN): At the request of Mr. DURBIN, the (Ms. STABENOW) was added as a cospon- S. 2213. A bill to amend title 18, United name of the Senator from Delaware sor of S. 1729, a bill to amend titles 18 States Code, to improve prevention, inves- tigation, and prosecution of cybercrime, and (Mr. BIDEN) was added as a cosponsor of and 28 of the United States Code to for other purposes; to the Committee on the S. 1276, a bill to establish a grant pro- provide incentives for the prompt pay- Judiciary. gram to facilitate the creation of ments of debts owed to the United By Mr. INHOFE: methamphetamine precursor electronic States and the victims of crime by im- S. 2214. A bill to establish the Federal logbook systems, and for other pur- posing surcharges on unpaid judgments Emergency Management Agency as an inde- poses. owed to the United States and to the pendent agency, and for other purposes; to S. 1332 victims of crime, to provide for offsets the Committee on Homeland Security and At the request of Mr. JOHNSON, his on amounts collected by the Depart- Governmental Affairs. By Ms. COLLINS (for herself, Mr. name was added as a cosponsor of S. ment of Justice for Federal agencies, PRYOR, Mr. SUNUNU, Mr. JOHNSON, 1332, a bill to amend the Public Health to increase the amount of special as- Mr. COLEMAN, Mr. BIDEN, Mr. THUNE, Service Act to revise and extend sessments imposed upon convicted per- Mr. ENZI, and Mr. CARPER): projects relating to children and vio- sons, to establish an Enhanced Finan- S. 2215. A bill to amend the Homeland Se- lence to provide access to school-based cial Recovery Fund to enhance, supple- curity Act of 2002 to establish the Protective comprehensive mental health pro- ment, and improve the debt collection Security Advisor Program Office; to the grams. activities of the Department of Justice, Committee on Homeland Security and Gov- S. 1359 to amend title 5, United States Code, ernmental Affairs. By Mr. BAUCUS (for himself, Mr. At the request of Mrs. MURRAY, the to provide to assistant United States CRAPO, Mr. WYDEN, Mr. SALAZAR, Ms. names of the Senator from Arkansas attorneys the same retirement benefits CANTWELL, Mr. INHOFE, Mrs. DOLE, (Mrs. LINCOLN) and the Senator from as are afforded to Federal law enforce- Mr. BURR, Mr. COBURN, and Mrs. Delaware (Mr. BIDEN) were added as co- ment officers, and for authorized pur- HUTCHISON): sponsors of S. 1359, a bill to amend the poses. S.J. Res. 22. A joint resolution providing Public Health Service Act to enhance S. 1730 for congressional disapproval under chapter 8 public and health professional aware- At the request of Mr. SMITH, the of title 5, United States Code, of the rule ness and understanding of lupus and to submitted by the Centers for Medicare & strengthen the Nation’s research ef- name of the Senator from Arkansas Medicaid Services within the Department of (Mrs. LINCOLN) was added as a cospon- Health and Human Services relating to Medi- forts to identify the causes and cure of lupus. sor of S. 1730, a bill to amend part A of care coverage for the use of erythropoiesis title IV of the Social Security Act, to S. 1444 stimulating agents in cancer and related reward States for engaging individuals neoplastic conditions; to the Committee on At the request of Mrs. CLINTON, the with disabilities in work activities, and Finance. name of the Senator from Rhode Island for other purposes. f (Mr. WHITEHOUSE) was added as a co- sponsor of S. 1444, a bill to provide for S. 1843 ADDITIONAL COSPONSORS free mailing privileges for personal cor- At the request of Mr. KENNEDY, the S. 22 respondence and parcels sent to mem- name of the Senator from Vermont At the request of Mr. WEBB, the name bers of the Armed Forces serving on ac- (Mr. SANDERS) was added as a cospon- of the Senator from Nevada (Mr. REID) tive duty in Iraq or Afghanistan. sor of S. 1843, a bill to amend title VII was added as a cosponsor of S. 22, a bill S. 1465 of the Civil Rights Act of 1964 and the to amend title 38, United States Code, At the request of Mr. CONRAD, the Age Discrimination in Employment to establish a program of educational names of the Senator from Minnesota Act of 1967 to clarify that an unlawful

VerDate Aug 31 2005 01:55 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A22OC6.015 S22OCPT1 bajohnson on PROD1PC71 with SENATE S13194 CONGRESSIONAL RECORD — SENATE October 22, 2007 practice occurs each time compensa- S. 2198, a bill to require the Architect Labor, Health and Human Services, tion is paid pursuant to a discrimina- of the Capitol to permit the acknowl- and Education, and related agencies for tory compensation decision or other edgment of God on flag certificates. the fiscal year ending September 30, practice, and for other purposes. S. 2202 2008, and for other purposes. At the request of Ms. LANDRIEU, her S. 1858 At the request of Mr. DURBIN, his name was added as a cosponsor of At the request of Mr. DODD, the name was added as a cosponsor of S. names of the Senator from Hawaii (Mr. 2202, a bill to amend the Clean Air Act amendment No. 3400 proposed to H.R. 3043, supra. INOUYE) and the Senator from Wash- to increase the renewable content of AMENDMENT NO. 3401 ington (Ms. CANTWELL) were added as gasoline, and for other purposes. At the request of Mr. CARDIN, the cosponsors of S. 1858, a bill to amend AMENDMENT NO. 3335 the Public Health Service Act to estab- name of the Senator from Kansas (Mr. At the request of Mr. DORGAN, the BROWNBACK) was added as a cosponsor lish grant programs to provide for edu- names of the Senator from Ohio (Mr. cation and outreach on newborn of amendment No. 3401 intended to be BROWN), the Senator from Michigan proposed to H.R. 3043, a bill making ap- screening and coordinated followup (Ms. STABENOW), the Senator from propriations for the Departments of care once newborn screening has been Pennsylvania (Mr. CASEY) and the Sen- Labor, Health and Human Services, conducted, to reauthorize programs ator from Vermont (Mr. SANDERS) were and Education, and related agencies for under part A of title XI of such Act, added as cosponsors of amendment No. the fiscal year ending September 30, and for other purposes. 3335 proposed to H.R. 3043, a bill mak- 2008, and for other purposes. S. 1930 ing appropriations for the Departments AMENDMENT NO. 3428 At the request of Mr. WYDEN, the of Labor, Health and Human Services, At the request of Mr. MENENDEZ, the name of the Senator from Rhode Island and Education, and related agencies for name of the Senator from Texas (Mrs. (Mr. WHITEHOUSE) was added as a co- the fiscal year ending September 30, HUTCHISON) was added as a cosponsor of sponsor of S. 1930, a bill to amend the 2008, and for other purposes. amendment No. 3428 intended to be pro- Lacey Act Amendments of 1981 to pre- AMENDMENT NO. 3347 posed to H.R. 3043, a bill making appro- vent illegal logging practices, and for At the request of Mr. MENENDEZ, the priations for the Departments of other purposes. name of the Senator from Texas (Mrs. Labor, Health and Human Services, S. 1944 HUTCHISON) was added as a cosponsor of and Education, and related agencies for At the request of Mr. LAUTENBERG, amendment No. 3347 proposed to H.R. the fiscal year ending September 30, the name of the Senator from Michigan 3043, a bill making appropriations for 2008, and for other purposes. (Ms. STABENOW) was added as a cospon- the Departments of Labor, Health and AMENDMENT NO. 3432 sor of S. 1944, a bill to provide justice Human Services, and Education, and At the request of Mr. REED, the for victims of state-sponsored ter- related agencies for the fiscal year end- names of the Senator from Kansas (Mr. rorism. ing September 30, 2008, and for other ROBERTS) and the Senator from Rhode S. 1954 purposes. Island (Mr. WHITEHOUSE) were added as cosponsors of amendment No. 3432 pro- At the request of Mr. BAUCUS, the AMENDMENT NO. 3364 posed to H.R. 3043, a bill making appro- name of the Senator from Washington At the request of Mr. COLEMAN, the priations for the Departments of (Ms. CANTWELL) was added as a cospon- name of the Senator from Hawaii (Mr. Labor, Health and Human Services, sor of S. 1954, a bill to amend title AKAKA) was added as a cosponsor of XVIII of the Social Security Act to im- and Education, and related agencies for amendment No. 3364 intended to be pro- the fiscal year ending September 30, prove access to pharmacies under part posed to H.R. 3043, a bill making appro- 2008, and for other purposes. D. priations for the Departments of AMENDMENT NO. 3445 S. 2042 Labor, Health and Human Services, At the request of Mr. DORGAN, the At the request of Ms. STABENOW, the and Education, and related agencies for name of the Senator from West Vir- the fiscal year ending September 30, name of the Senator from Washington ginia (Mr. ROCKEFELLER) was added as (Ms. CANTWELL) was added as a cospon- 2008, and for other purposes. a cosponsor of amendment No. 3445 in- sor of S. 2042, a bill to authorize the AMENDMENT NO. 3376 tended to be proposed to H.R. 3043, a Secretary of Health and Human Serv- At the request of Mr. SMITH, the bill making appropriations for the De- ices to conduct activities to rapidly ad- name of the Senator from Delaware partments of Labor, Health and Human vance treatments for spinal muscular (Mr. BIDEN) was added as a cosponsor of Services, and Education, and related atrophy, neuromuscular disease, and amendment No. 3376 intended to be pro- agencies for the fiscal year ending Sep- other pediatric diseases, and for other posed to H.R. 3043, a bill making appro- tember 30, 2008, and for other purposes. purposes. priations for the Departments of f S. 2166 Labor, Health and Human Services, STATEMENTS ON INTRODUCED At the request of Mr. CASEY, the and Education, and related agencies for BILLS AND JOINT RESOLUTIONS name of the Senator from California the fiscal year ending September 30, (Mrs. BOXER) was added as a cosponsor 2008, and for other purposes. By Mr. HATCH (for himself and of S. 2166, a bill to provide for greater AMENDMENT NO. 3378 Mr. BIDEN): S. 2213. A bill to amend title 18, responsibility in lending and expanded At the request of Mr. TESTER, the cancellation of debts owed to the names of the Senator from Ohio (Mr. United States Code, to improve preven- tion, investigation, and prosecution of United States and the international fi- BROWN) and the Senator from Vermont cyber-crime, and for other purposes; to nancial institutions by low-income (Mr. SANDERS) were added as cospon- the Committee on the Judiciary. countries, and for other purposes. sors of amendment No. 3378 proposed to Mr. HATCH. Mr. President, I rise S. 2172 H.R. 3043, a bill making appropriations today to introduce S. 2213, the Cyber- At the request of Mr. MCCAIN, the for the Departments of Labor, Health Crime Act of 2007. I am joined in this name of the Senator from Oklahoma and Human Services, and Education, effort by my colleague and good friend (Mr. INHOFE) was added as a cosponsor and related agencies for the fiscal year Senator BIDEN. This bipartisan legisla- of S. 2172, a bill to impose sanctions on ending September 30, 2008, and for tion makes important, appropriate and officials of the State Peace and Devel- other purposes. necessary changes to federal law relat- opment Council in Burma, to prohibit AMENDMENT NO. 3400 ing to computer fraud. the importation of gems and hardwoods At the request of Mr. CARDIN, the Continuous innovation in technology from Burma, to support democracy in names of the Senator from Connecticut provides remarkable benefits to indi- Burma, and for other purposes. (Mr. LIEBERMAN) and the Senator from viduals throughout the world. In the S. 2198 Illinois (Mr. DURBIN) were added as co- United States, the integration of com- At the request of Mr. DEMINT, the sponsors of amendment No. 3400 pro- puter networks has allowed for in- name of the Senator from Alaska (Mr. posed to H.R. 3043, a bill making appro- creased efficiency of American busi- STEVENS) was added as a cosponsor of priations for the Departments of nesses and provided greater access to

VerDate Aug 31 2005 01:55 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A22OC6.022 S22OCPT1 bajohnson on PROD1PC71 with SENATE October 22, 2007 CONGRESSIONAL RECORD — SENATE S13195 services and information for individ- positive impact on our security. In this loss of electricity for days at time with uals. The ability of individuals and information age, it will not take long temperatures remaining below freez- businesses to store vast amounts of for potential criminals to hear about ing. data on computer networks has led to the new tools available to law enforce- This summer, Oklahoma was hit by innumerable advantages including in- ment personnel and many will be de- heavy rain, tornadoes, and flooding creased productivity and financial sav- terred from perpetrating illegal activ- from May through September. The ings. ity over the Internet. State made a number of disaster dec- However, these same networks have As criminals continue to adapt their larations during these periods. While I proven to be prime targets for crimi- tactics to exploit technological appreciate these declarations and aid, nals seeking to utilize malicious com- changes and loopholes in the law, it is the process it took the state to get to puter code for illicit gain. Criminals imperative that Congress pass legisla- this point was filled with unnecessary are using viruses to exploit techno- tion that allows Federal law enforce- difficulty. Oklahoma particularly logical weaknesses in computer net- ment to maintain vigorous and tireless struggled with FEMA on the dates of works. These collections of com- efforts in the investigation of cyber the incident periods which is why I promised computers are called crime activity. I am confidant that have included language in my bill to ‘‘botnets’’, and serve as zombie net- this legislation, once enacted, will pro- give deference to the State’s docu- works which can be remotely con- vide for the tools needed to pursue mentation regarding the dates of such trolled by an attacker and used for nu- those who choose to inflict such harm incidents. It makes sense that the merous crimes, including identity theft to our society. State would be the one to have the and attacks on critical computer sys- most accurate information available tems. Botnets can consist of hundreds By Mr. INHOFE: regarding the disasters and the cause. of thousands of computers, and most S. 2214. A bill to establish the Federal I believe this is an extremely impor- victims are unaware their computer Emergency Management Agency as an tant bill that will free FEMA from ad- equipment has been compromised. An independent agency, and for other pur- ditional levels of bureaucracy and underground market has developed for poses; to the Committee on Homeland allow it to work in a more effective these botnets, as criminals are renting Security and Governmental Affairs. manner. these compromised networks to carry Mr. INHOFE. Mr. President, I rise I ask unanimous consent that the out different types of attacks. Botnets today to introduce the Federal Emer- text of the bill be printed in the have the ability to grow exponentially gency Management Advancement Act RECORD. and the potential damage from these of 2007, a bill to establish the Federal There being no objection, the text of networks grows accordingly. Emergency Management Agency, the bill was ordered to be printed in Botnets pose a tremendous threat to FEMA, as an independent agency. the RECORD, as follows: our national infrastructure, economy, After a series of winter storms and S. 2214 and security. Portions of the federal summer flooding caused extensive Be it enacted by the Senate and House of Rep- law relating to computer crime, writ- damage in Oklahoma, the State en- resentatives of the United States of America in ten in a pre-Internet era, are inad- countered problems with FEMA as Congress assembled, equate and leave several unaddressed they sought disaster assistant due to SECTION 1. SHORT TITLE. the levels of bureaucracy and a lack of This Act may be cited as the ‘‘Federal loopholes in our criminal code. For ex- Emergency Management Advancement Act ample, under current federal law a cre- communication. When other natural of 2007’’or the ‘‘FEMA Act’’. disasters struck Oklahoma prior to the ator of a botnet can only be charged if TITLE I—FEDERAL EMERGENCY the financial loss to one or more per- placement of FEMA under Homeland MANAGEMENT AGENCY Security, the State did not encounter sons during one year passes a certain SEC. 101. DEFINITIONS. dollar threshold. It can be very dif- the same bureaucratic delays and other In this title— ficult to put a price tag on the losses problems. Therefore, I support making (1) the term ‘‘catastrophic incident’’ means experienced by computer users, as it is FEMA an independent agency again in any natural disaster, act of terrorism, or not easy to calculate how much money an effort to grant FEMA more auton- other man-made disaster that results in ex- an individual’s time is worth in terms omy by removing that added layer of traordinary levels of casualties or damage or disruption severely affecting the population diverted from work or in trying to fix bureaucracy. Additionally, after Okla- homa experienced troubles establishing (including mass evacuations), infrastructure, a malicious bot. In addition, it is pos- environment, economy, national morale, or sible for a criminal to create large an accurate incident period for the 2007 government functions in an area; botnets that can be utilized for future summer flooding, I have also included (2) the term ‘‘Director’’ means the Director denial of service attacks and other vio- in my bill language stating that the of the Federal Emergency Management lations, and still not violate this sec- administrator should give deference to Agency; tion of law. State documentation when deter- (3) the term ‘‘Federal coordinating officer’’ In order to address this, the legisla- mining disaster incident periods. means a Federal coordinating officer as de- tion we offer today modifies the Fed- Oklahoma first encountered prob- scribed in section 302 of the Robert T. Staf- lems with FEMA and lack of commu- ford Disaster Relief and Emergency Assist- eral criminal code by criminalizing ance Act (42 U.S.C. 5143); willful damage to 10 or more computers nication and information when (4) the term ‘‘interoperable’’ has the mean- in any one year period. This change wildfires ravaged the state in 2005 and ing given the term ‘‘interoperable commu- will allow the prosecution of criminals 2006. These devastating wildfires swept nications’’ under section 7303(g)(1) of the In- who covertly install malicious bots on through the entire state leading to dec- telligence Reform and Terrorism Prevention protected computers with the purposes larations for Public Assistance, Indi- Act of 2004 (6 U.S.C. 194(g)(1)); of making a botnet. vidual Assistance and hazard mitiga- (5) the term ‘‘National Advisory Council’’ Also, S. 2213, will make other nec- tion funding. All 77 counties in the means the National Advisory Council estab- essary changes to the Federal code, in- State of Oklahoma qualified for Public lished under section 508 of the Homeland Se- curity Act of 2002; cluding expanding the definition of Assistance while all counties were also (6) the term ‘‘National Incident Manage- cyber extortion, and permit law en- eligible to apply for the Hazard Mitiga- ment System’’ means a system to enable ef- forcement seizure of computer equip- tion Grant Program. These wildfires fective, efficient, and collaborative incident ment and other property used to per- were wide spread and deadly to my management; petrate computer crimes. As well, the State. (7) the term ‘‘National Response Plan’’ bill includes a directive to the U.S. More recently, Oklahoma encoun- means the National Response Plan or any Sentencing Commission to consider tered severe winter storms with dev- successor plan prepared under section many highly relevant factors in its re- astating results in January 2007. These 104(b)(6); storms led to prolonged loss of power (8) the term ‘‘Nuclear Incident Response view of appropriate sentences for cyber Team’’ means a resource that includes— crime. and extensive building damage for (A) those entities of the Department of En- All of the changes contemplated by many of my constituents. In Muskogee ergy that perform nuclear or radiological this legislation, if aggressively en- County alone, an estimated 16,000 emergency support functions (including acci- forced by law enforcement, will have a power company customers experienced dent response, search response, advisory, and

VerDate Aug 31 2005 01:55 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G22OC6.013 S22OCPT1 bajohnson on PROD1PC71 with SENATE S13196 CONGRESSIONAL RECORD — SENATE October 22, 2007 technical operations functions), radiation knowledge, training, and expertise in the (9) develop and coordinate the implementa- exposure functions at the medical assistance area of emergency preparedness, response, tion of a risk-based, all-hazards strategy for facility known as the Radiation Emergency recovery, and mitigation as related to nat- preparedness that builds those common ca- Assistance Center/Training Site (REAC/TS), ural disasters and other national cata- pabilities necessary to respond to natural radiological assistance functions, and re- clysmic events. disasters, acts of terrorism, and other man- lated functions; and (3) EXECUTIVE SCHEDULE POSITION.—Section made disasters while also building the (B) those entities of the Environmental 5313 of title 5, United States Code, is amend- unique capabilities necessary to respond to Protection Agency that perform such sup- ed— specific types of incidents that pose the port functions (including radiological emer- (A) by striking the following: greatest risk to our Nation. gency response functions) and related func- ‘‘Administrator of the Federal Emergency SEC. 104. AUTHORITY AND RESPONSIBILITIES. tions; and Management Agency.’’; (a) IN GENERAL.—The Director shall pro- (9) the term ‘‘tribal government’’ means and vide Federal leadership necessary to prepare the government of any entity described (B) by adding at the end the following: for, protect against, respond to, recover under section 2(10)(B) of the Homeland Secu- ‘‘Deputy Director of the Federal Emer- from, or mitigate against a natural disaster, rity Act of 2002 (6 U.S.C. 101(10)(B)). gency Management Agency.’’. act of terrorism, or other man-made dis- SEC. 102. ESTABLISHMENT OF AGENCY AND DI- SEC. 103. MISSION. aster, including— RECTOR AND DEPUTY DIRECTOR. (a) PRIMARY MISSION.—The primary mis- (1) helping to ensure the effectiveness of (a) ESTABLISHMENT.—The Federal Emer- sion of the Federal Emergency Management emergency response providers to terrorist at- gency Management Agency is established as an independent establishment in the execu- Agency is to reduce the loss of life and prop- tacks, major disasters, and other emer- tive branch as defined under section 104 of erty and protect the Nation from all hazards, gencies; title 5, United States Code. including natural disasters, acts of ter- (2) with respect to the Nuclear Incident Re- (b) DIRECTOR.— rorism, and other man-made disasters, by sponse Team, regardless of whether it is op- (1) IN GENERAL.—The Director shall be the leading and supporting the Nation in a risk- erating as an organizational unit of the De- head of the Federal Emergency Management based, comprehensive emergency manage- partment of Homeland Security, and in con- Agency. The Director shall be appointed by ment system of preparedness, protection, re- sultation with the Secretary of Homeland the President, by and with the advice and sponse, recovery, and mitigation. Security— consent of the Senate. The Director shall re- (b) SPECIFIC ACTIVITIES.—In support of the (A) establishing standards and certifying port directly to the President. primary mission of the Federal Emergency when those standards have been met; (2) QUALIFICATIONS.—The Director shall Management Agency, the Director shall— (B) conducting joint and other exercises have significant experience, knowledge, (1) lead the Nation’s efforts to prepare for, and training and evaluating performance; training, and expertise in the area of emer- protect against, respond to, recover from, and gency preparedness, response, recovery, and and mitigate against the risk of natural dis- (C) providing funds to the Department of mitigation as related to natural disasters asters, acts of terrorism, and other man- Energy and the Environmental Protection and other national cataclysmic events. made disasters, including catastrophic inci- Agency, as appropriate, for homeland secu- (3) EXECUTIVE SCHEDULE POSITION.—Section dents; rity planning, exercises and training, and 5312 of title 5, United States Code, is amend- (2) partner with State, local, and tribal equipment; ed by adding at the end the following: governments and emergency response pro- (3) providing the Federal Government’s re- ‘‘Director of the Federal Emergency Man- viders, with other Federal agencies, with the sponse to terrorist attacks and major disas- agement Agency.’’. private sector, and with nongovernmental ters, including— (4) PRINCIPAL ADVISOR ON EMERGENCY MAN- organizations to build a national system of (A) managing such response; AGEMENT.— emergency management that can effectively (B) directing the Domestic Emergency (A) IN GENERAL.—The Director is the prin- and efficiently utilize the full measure of the Support Team, the National Disaster Med- cipal advisor to the President, the Homeland Nation’s resources to respond to natural dis- ical System, and, in consultation with the Security Council, and the Secretary of asters, acts of terrorism, and other man- Secretary of Homeland Security, the Nuclear Homeland Security for all matters relating made disasters, including catastrophic inci- Incident Response Team (when that team is to emergency management in the United dents; operating as an organizational unit of the States. (3) develop a Federal response capability Department of Homeland Security); (B) ADVICE AND RECOMMENDATIONS.— that, when necessary and appropriate, can (C) overseeing the Metropolitan Medical (i) IN GENERAL.—In presenting advice with act effectively and rapidly to deliver assist- Response System; and respect to any matter to the President, the ance essential to saving lives or protecting (D) coordinating other Federal response re- Homeland Security Council, or the Secretary or preserving property or public health and sources, including requiring deployment of of Homeland Security, the Director shall, as safety in a natural disaster, act of terrorism, the Strategic National Stockpile, in the the Director considers appropriate, inform or other man-made disaster; event of a terrorist attack or major disaster; the President, the Homeland Security Coun- (4) integrate the Federal Emergency Man- (4) aiding the recovery from terrorist at- cil, or the Secretary, as the case may be, of agement Agency’s emergency preparedness, tacks and major disasters; the range of emergency preparedness, protec- protection, response, recovery, and mitiga- (5) building a comprehensive national inci- tion, response, recovery, and mitigation op- tion responsibilities to confront effectively dent management system with Federal, tions with respect to that matter. the challenges of a natural disaster, act of State, and local government personnel, agen- (ii) ADVICE ON REQUEST.—The Director, as terrorism, or other man-made disaster; cies, and authorities, to respond to such at- the principal advisor on emergency manage- (5) develop and maintain robust Regional tacks and disasters; ment, shall provide advice to the President, Offices that will work with State, local, and (6) consolidating existing Federal Govern- the Homeland Security Council, or the Sec- tribal governments, emergency response pro- ment emergency response plans into a single, retary of Homeland Security on a particular viders, and other appropriate entities to coordinated national response plan; matter when the President, the Homeland identify and address regional priorities; (7) helping ensure the acquisition of oper- Security Council, or the Secretary requests (6) coordinate with the Secretary of Home- able and interoperable communications ca- such advice. land Security, the Commandant of the Coast pabilities by Federal, State, local, and tribal (iii) RECOMMENDATIONS TO CONGRESS.— Guard, the Director of Customs and Border governments and emergency response pro- After informing the President, the Director Protection, the Director of Immigration and viders; may make such recommendations to Con- Customs Enforcement, the National Oper- (8) assisting the President in carrying out gress relating to emergency management as ations Center, and other agencies and offices the functions under the Robert T. Stafford the Director considers appropriate. in the Department of Homeland Security to Disaster Relief and Emergency Assistance (5) CABINET STATUS.—The President shall take full advantage of the substantial range Act (42 U.S.C. 5121 et seq.) and carrying out designate the Administrator to serve as a of resources in that Department; all functions and authorities given to the Di- member of the Cabinet in the event of nat- (7) coordinate with the Administrator of rector under that Act; ural disasters, acts of terrorism, or other the Small Business Administration, the (9) carrying out the mission of the Federal man-made disasters. Chief of Engineers of the United States Emergency Management Agency to reduce (c) DEPUTY DIRECTOR.— Army Corps of Engineers, and the Secretary the loss of life and property and protect the (1) IN GENERAL.—The Deputy Director of of Housing and Urban Development to take Nation from all hazards by leading and sup- the Federal Emergency Management Agency full advantage of the resources of those de- porting the Nation in a risk-based, com- shall assist the Director of the Federal partments and agencies; prehensive emergency management system Emergency Management Agency. The Dep- (8) provide funding, training, exercises, of— uty Director shall be appointed by the Presi- technical assistance, planning, and other as- (A) mitigation, by taking sustained actions dent, by and with the advice and consent of sistance to build tribal, local, State, re- to reduce or eliminate long-term risks to the Senate. gional, and national capabilities (including people and property from hazards and their (2) QUALIFICATIONS.—The Deputy Director communications capabilities), necessary to effects; of the Federal Emergency Management respond to a natural disaster, act of ter- (B) preparedness, by planning, training, Agency shall have significant experience, rorism, or other man-made disaster; and and building the emergency management

VerDate Aug 31 2005 01:55 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A22OC6.032 S22OCPT1 bajohnson on PROD1PC71 with SENATE October 22, 2007 CONGRESSIONAL RECORD — SENATE S13197 profession to prepare effectively for, miti- SEC. 105. REGIONAL OFFICES. Response Plan, and such other subjects as gate against, respond to, and recover from (a) IN GENERAL.—There are in the Federal determined by the Director. any hazard; Emergency Management Agency 10 regional (B) EXERCISES.—The Director shall require (C) response, by conducting emergency op- offices, as identified by the Director. each Regional Administrator to participate erations to save lives and property through (b) MANAGEMENT OF REGIONAL OFFICES.— as appropriate in regional and national exer- positioning emergency equipment, per- (1) REGIONAL ADMINISTRATOR.—Each Re- cises. sonnel, and supplies, through evacuating po- gional Office shall be headed by a Regional (d) AREA OFFICES.—The Director shall es- tential victims, through providing food, Administrator who shall be appointed by the tablish Area Offices as components in the ap- water, shelter, and medical care to those in Director, after consulting with State, local, propriate Regional Office, as determined ap- need, and through restoring critical public and tribal government officials in the region. propriate by the Director. (e) REGIONAL ADVISORY COUNCIL.— services; and Each Regional Administrator shall report di- (1) ESTABLISHMENT.—Each Regional Ad- (D) recovery, by rebuilding communities so rectly to the Director and be in the Senior ministrator shall establish a Regional Advi- individuals, businesses, and governments can Executive Service. sory Council. function on their own, return to normal life, (2) QUALIFICATIONS.— (2) NOMINATIONS.—A State, local, or tribal and protect against future hazards; (A) IN GENERAL.—Each Regional Adminis- (10) increasing efficiencies, by coordinating government located within the geographic trator shall be appointed from among indi- area served by the Regional Office may efforts relating to preparedness, protection, viduals who have a demonstrated ability in response, recovery, and mitigation; nominate officials, including Adjutants Gen- and knowledge of emergency management eral and emergency managers, to serve as (11) helping to ensure the effectiveness of and homeland security. members of the Regional Advisory Council emergency response providers in responding (B) CONSIDERATIONS.—In selecting a Re- for that region. to a natural disaster, act of terrorism, or gional Administrator for a Regional Office, (3) RESPONSIBILITIES.—Each Regional Advi- other man-made disaster; the Director shall consider the familiarity of sory Council shall— (12) supervising grant programs adminis- an individual with the geographical area and (A) advise the Regional Administrator on tered by the Federal Emergency Manage- demographic characteristics of the popu- emergency management issues specific to ment Agency; lation served by such Regional Office. that region; (13) administering and ensuring the imple- (c) RESPONSIBILITIES.— (B) identify any geographic, demographic, mentation of the National Response Plan, in- (1) IN GENERAL.—The Regional Adminis- or other characteristics peculiar to any cluding coordinating and ensuring the readi- trator shall work in partnership with State, State, local, or tribal government within the ness of each emergency support function local, and tribal governments, emergency region that might make preparedness, pro- under the National Response Plan; managers, emergency response providers, tection, response, recovery, or mitigation (14) coordinating with the National Advi- medical providers, the private sector, non- more complicated or difficult; and sory Council; governmental organizations, multijuris- (C) advise the Regional Administrator of (15) preparing and implementing the plans dictional councils of governments, and re- any weaknesses or deficiencies in prepared- and programs of the Federal Government gional planning commissions and organiza- ness, protection, response, recovery, and for— tions in the geographical area served by the mitigation for any State, local, and tribal (A) continuity of operations; Regional Office to carry out the responsibil- government within the region of which the (B) continuity of government; and ities of a Regional Administrator under this Regional Advisory Council is aware. (C) continuity of plans; section. (f) REGIONAL OFFICE STRIKE TEAMS.— (16) minimizing, to the extent practicable, (2) RESPONSIBILITIES.—The responsibilities (1) IN GENERAL.—In coordination with overlapping planning and reporting require- of a Regional Administrator include— other relevant Federal agencies, each Re- ments applicable to State, local, and tribal (A) ensuring effective, coordinated, and in- gional Administrator shall oversee multi- governments and the private sector; tegrated regional preparedness, protection, agency strike teams authorized under sec- (17) maintaining and operating within the response, recovery, and mitigation activities tion 303 of the Robert T. Stafford Disaster Federal Emergency Management Agency the and programs for natural disasters, acts of Relief and Emergency Assistance Act (42 National Response Coordination Center or terrorism, and other man-made disasters (in- U.S.C. 5144) that shall consist of— its successor; cluding planning, training, exercises, and (A) a designated Federal coordinating offi- (18) developing a national emergency man- professional development); cer; agement system that is capable of preparing (B) assisting in the development of re- (B) personnel trained in incident manage- for, protecting against, responding to, recov- gional capabilities needed for a national cat- ment; ering from, and mitigating against cata- astrophic response system; (C) public affairs, response and recovery, strophic incidents; (C) coordinating the establishment of ef- and communications support personnel; (19) assisting the President in carrying out fective regional operable and interoperable (D) a defense coordinating officer; the functions under the national prepared- emergency communications capabilities; (E) liaisons to other Federal agencies; ness goal and the national preparedness sys- (D) staffing and overseeing 1 or more strike (F) such other personnel as the Director or tem and carrying out all functions and au- teams within the region under subsection (f), Regional Administrator determines appro- thorities of the Director under the national to serve as the focal point of the Federal priate; and preparedness System; Government’s initial response efforts for (G) individuals from the agencies with pri- (20) carrying out all authorities of the Fed- natural disasters, acts of terrorism, and mary responsibility for each of the emer- eral Emergency Management Agency; and other man-made disasters within that re- gency support functions in the National Re- (21) otherwise carrying out the mission of gion, and otherwise building Federal re- sponse Plan. the Federal Emergency Management Agency sponse capabilities to respond to natural dis- (2) OTHER DUTIES.—The duties of an indi- as described in section 103. asters, acts of terrorism, and other man- vidual assigned to a Regional Office strike (b) ALL-HAZARDS APPROACH.—In carrying made disasters within that region; team from another relevant agency when out the responsibilities under this section, (E) designating an individual responsible such individual is not functioning as a mem- the Director shall coordinate the implemen- for the development of strategic and oper- ber of the strike team shall be consistent tation of a risk-based, all-hazards strategy ational regional plans in support of the Na- with the emergency preparedness activities that builds those common capabilities nec- tional Response Plan; of the agency that employs such individual. essary to prepare for, protect against, re- (F) fostering the development of mutual (3) LOCATION OF MEMBERS.—The members of spond to, recover from, or mitigate against aid and other cooperative agreements; each Regional Office strike team, including natural disasters, acts of terrorism, and (G) identifying critical gaps in regional ca- representatives from agencies other than the other man-made disasters, while also build- pabilities to respond to populations with spe- Department, shall be based primarily within ing the unique capabilities necessary to pre- cial needs; the region that corresponds to that strike pare for, protect against, respond to, recover (H) maintaining and operating a Regional team. from, or mitigate against the risks of spe- Response Coordination Center or its suc- (4) COORDINATION.—Each Regional Office cessor; and strike team shall coordinate the training cific types of incidents that pose the greatest (I) performing such other duties relating to and exercises of that strike team with the risk to the Nation. such responsibilities as the Director may re- State, local, and tribal governments and pri- (c) CONFLICT OF AUTHORITIES.—If the Direc- quire. vate sector and nongovernmental entities tor determines that there is a conflict be- (3) TRAINING AND EXERCISE REQUIRE- which the strike team shall support when a tween any authority of the Director under MENTS.— natural disaster, act of terrorism, or other this Act, the amendments made by this Act, (A) TRAINING.—The Director shall require man-made disaster occurs. or the Robert T. Stafford Disaster Relief and each Regional Administrator to undergo spe- (5) PREPAREDNESS.—Each Regional Office Emergency Assistance Act (42 U.S.C. 5121 et cific training periodically to complement the strike team shall be trained as a unit on a seq.) and any authority of another Federal qualifications of the Regional Adminis- regular basis and equipped and staffed to be officer, the Director shall request that the trator. Such training, as appropriate, shall well prepared to respond to natural disas- President make such determinations as may include training with respect to the National ters, acts of terrorism, and other man-made be necessary regarding such authorities. Incident Management System, the National disasters, including catastrophic incidents.

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(6) AUTHORITIES.—If the Director deter- ter for the Federal Emergency Management (2) INTEROPERABLE EMERGENCY COMMUNICA- mines that statutory authority is inadequate Agency and shall— TIONS GRANT PROGRAM.—Section 1809 of the for the preparedness and deployment of indi- (1) provide situational awareness and a Homeland Security Act of 2002 (6 U.S.C. 579) viduals in strike teams under this sub- common operating picture for the entire is amended— section, the Director shall report to Congress Federal Government, and for State, local, (A) in subsection (a), by striking ‘‘Sec- regarding the additional statutory authori- and tribal governments as appropriate, in retary’’ and inserting ‘‘Director of the Fed- ties that the Director determines are nec- the event of a natural disaster, act of ter- eral Emergency Management Agency’’; essary. rorism, or other man-made disaster; and (B) in subsection (b), by striking ‘‘Director SEC. 106. NATIONAL RESPONSE PLAN. (2) ensure that critical terrorism and dis- for Emergency Communications’’ and insert- (a) IN GENERAL.—The Director shall— aster-related information reaches govern- ing ‘‘Director of the Federal Emergency (1) in consultation with other Federal de- ment decision-makers. Management Agency’’; partments and agencies and the National Ad- SEC. 110. GRANT PROGRAMS. (C) by amending paragraph (1) of sub- visory Council, ensure ongoing management (a) IN GENERAL.—Title XX of the Homeland section (c) to read as follows: and maintenance of the National Incident Security Act of 2002 (6 U.S.C. 601 et seq.) is ‘‘(1) IN GENERAL.—The Director of the Fed- Management System, the National Response amended— eral Emergency Management Agency shall Plan, and any successor to such system or (1) in section 2001— administer the Interoperable Emergency plan; and (A) in paragraph (1)— Communications Grant Program.’’; and (2) periodically review and report to Con- (i) in the paragraph heading, by striking (D) by striking ‘‘Administrator’’ each place gress on the integration of Federal authori- ‘‘ADMINISTRATOR’’ and inserting ‘‘DIRECTOR’’; that term appears and inserting ‘‘Director of ties to ensure effective response to address and the Federal Emergency Management Agen- response responsibilities and capabilities in (ii) by striking ‘‘Administrator’’ each place cy’’. that term appears and inserting ‘‘Director’’; the event of a catastrophic incident. SEC. 111. MODEL STANDARDS AND GUIDELINES; (b) CHAIN OF COMMAND.— (B) in paragraph (4)(A)(iv), by striking ‘‘Secretary’’ and inserting ‘‘Director’’; and GUIDANCE AND RECOMMENDA- (1) IN GENERAL.—The Director, in consulta- TIONS; VOLUNTARY PRIVATE SEC- tion with the Secretary of Homeland Secu- (C) in paragraph (12), by striking ‘‘Sec- TOR PREPAREDNESS. rity, shall ensure that the National Response retary’’ each place that term appears and in- serting ‘‘Director’’; Title V of the Homeland Security Act of Plan provides for a clear chain of command 2002 (6 U.S.C. 311 et seq.) is amended— to lead and coordinate the Federal response (2) in section 2002(a), by striking ‘‘The Sec- retary, through the Administrator,’’ and in- (1) in section 522, by striking ‘‘Adminis- to any natural disaster, act of terrorism, or trator’’ each place that term appears and in- other man-made disaster. serting ‘‘The Director’’; (3) in section 2003— serting ‘‘Director of the Federal Emergency (2) DIRECTOR OF THE FEDERAL EMERGENCY (A) by striking ‘‘Administrator’’ each place Management Agency’’; MANAGEMENT AGENCY.—The chain of the com- that term appears and inserting ‘‘Director’’; (2) in section 523— mand specified in the National Response (A) by striking ‘‘Administrator’’ each place Plan shall— and (B) by striking ‘‘Department’’ each place that term appears and inserting ‘‘Director of (A) provide for a role for the Director con- that term appears and inserting ‘‘Federal the Federal Emergency Management Agen- sistent with the role of the Director under Emergency Management Agency’’; cy’’; and this Act and the amendments made by this (4) in section 2004, by striking ‘‘Adminis- (B) in subsection (b)(2), by striking ‘‘Sec- Act; and trator’’ each place that term appears and in- retary’’ and inserting ‘‘Director of the Fed- (B) provide for a role for the Federal Co- serting ‘‘Director’’; eral Emergency Management Agency’’; and ordinating Officer consistent with the re- (5) in section 2005— (3) in section 524— sponsibilities under section 302(b) of the Rob- (A) by striking ‘‘Administrator’’ each place (A) by amending subsection (a) to read as ert T. Stafford Disaster Relief and Emer- that term appears and inserting ‘‘Director’’; follows: gency Assistance Act (42 U.S.C. 5143(b)). and ‘‘(a) ESTABLISHMENT.—The Administrator (3) PRINCIPAL FEDERAL OFFICIAL.—The Prin- (B) by striking ‘‘Department’’ each place (hereinafter referred to in this section as the cipal Federal Official (or the successor there- that term appears and inserting ‘‘Federal to) shall not— ‘designated officer’) shall establish and im- Emergency Management Agency’’; plement the voluntary private sector pre- (A) direct or replace the incident command (6) in section 2006, by striking ‘‘Adminis- structure established at the incident; or paredness accreditation and certification trator’’ each place that term appears and in- program in accordance with this section.’’; (B) have directive authority over the Sen- serting ‘‘Director’’; ior Federal Law Enforcement Official, Fed- and (7) in section 2007— (B) by amending subsection (b)(2)(E)(ii)(I) eral Coordinating Officer, or other Federal (A) by striking ‘‘Administrator’’ each place and State officials. to read as follows: that term appears and inserting ‘‘Director’’; ‘‘(I) private sector related programs of the SEC. 107. CREDENTIALING AND TYPING. and Department; and’’. The Director shall enter into a memo- (B) in subsection (a)(1)(E), by striking ‘‘De- randum of understanding with the adminis- partment’’ and inserting ‘‘Federal Emer- SEC. 112. TECHNICAL AND CONFORMING AMEND- trators of the Emergency Management As- gency Management Agency’’; MENTS. sistance Compact, State, local, and tribal (8) in 2008, by striking ‘‘Administrator’’ (a) IN GENERAL.—Title V of the Homeland governments, and organizations that rep- each place that term appears and inserting Security Act of 2002 (6 U.S.C. 311 et seq.) is resent emergency response providers, to col- ‘‘Director’’; amended— laborate on developing standards for deploy- (9) in section 2021— (1) in section 501, by striking all after ‘‘In ment capabilities, including credentialing of (A) in subsection (a), by striking ‘‘Admin- this title’’ and inserting ‘‘the term ‘tribal personnel and typing of resources likely istrator’’ and inserting ‘‘Director’’; government’ means the government of any needed to respond to natural disasters, acts (B) in subsection (c)(1), by striking ‘‘(act- entity described under section 2(10)(B).’’; of terrorism, and other man-made disasters. ing through the Administrator)’’ and insert- (2) by striking sections 503 through 507, 510, SEC. 108. FEDERAL AND STATE COOPERATION ing ‘‘, the Director’’; and and 515; FOR DISASTER INCIDENT PERIODS. (C) by striking ‘‘Department’’ each place (3) in section 508— In determining the duration of a major dis- that term appears and inserting ‘‘Federal (A) by striking ‘‘Administrator’’ each place aster or emergency (as those terms are de- Emergency Management Agency’’; and that term appears and inserting ‘‘Director of fined in section 102 of the Robert T. Stafford (10) in section 2022— Federal Emergency Management Agency’’; Disaster Relief and Emergency Assistance (A) by striking ‘‘Administrator’’ each place (B) in subsection (b)(2), by striking ‘‘De- Act (42 U.S.C. 5122)) or other incident, and in that term appears and inserting ‘‘Director’’; partment’’ and inserting ‘‘Federal Emer- establishing the period for public or indi- (B) by striking ‘‘Department’’ each place gency Management Agency’’; and vidual assistance or other disaster relief as- that term appears and inserting ‘‘Federal (C) in subsection (c)— sistance for which a State or local govern- Emergency Management Agency’’; (i) in paragraph (1), by inserting ‘‘in con- ment or individual may be eligible, the Di- (C) in subsection (a)(3)(F), in the subpara- sultation with the Secretary,’’ before ‘‘and rector shall defer to weather reports and graph heading, by striking ‘‘ADMINISTRATOR’’ shall, to the extent practicable’’; and other substantiating documentation sub- and inserting ‘‘DIRECTOR’’; and (ii) in paragraph (3), by inserting ‘‘, in con- mitted by a State. (D) in subsection (c), in the subsection sultation with the Secretary,’’ before ‘‘shall SEC. 109. NATIONAL OPERATIONS CENTER. heading, by striking ‘‘ADMINISTRATOR’’ and designate’’; (a) DEFINITION.—In this section, the term inserting ‘‘DIRECTOR’’. (4) in section 509— ‘‘situational awareness’’ means information (b) OTHER GRANT PROGRAMS.— (A) in subsection (a), by striking ‘‘Agency’’ gathered from a variety of sources that, (1) EMERGENCY MANAGEMENT PERFORMANCE and inserting ‘‘Department’’; and when communicated to emergency managers GRANT PROGRAM.—Section 662 of the Post- (B) by striking subsection (c); and decision makers, can form the basis for Katrina Emergency Management Reform Act (5) in section 512(c), by striking ‘‘Adminis- incident management decisionmaking. of 2006 (6 U.S.C. 762) is amended by striking trator’’ each place that term appears and in- (b) ESTABLISHMENT.—The National Oper- ‘‘Administrator’’ each place that term ap- serting ‘‘Secretary’’; ations Center is the principal operations cen- pears and inserting ‘‘Director’’. (6) in section 513—

VerDate Aug 31 2005 01:55 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A22OC6.032 S22OCPT1 bajohnson on PROD1PC71 with SENATE October 22, 2007 CONGRESSIONAL RECORD — SENATE S13199 (A) by striking ‘‘Administrator’’ each place Agency as the Director may designate, and performed immediately preceding such ap- that term appears and inserting ‘‘Sec- may authorize successive redelegations of pointment shall continue to be compensated retary’’; and such functions as may be necessary or appro- in such new position at not less than the rate (B) in subsection (b)(2), by striking ‘‘Agen- priate. No delegation of functions by the Di- provided for such previous position, for the cy’’ and inserting ‘‘Department’’; and rector of the Federal Emergency Manage- duration of the service of such person in such (7) in section 514— ment Agency under this section or under any new position. (A) by striking subsection (a); and other provision of this title shall relieve SEC. 210. SAVINGS PROVISIONS. (B) redesignating subsections (b) and (c) as such Director of responsibility for the ad- (a) CONTINUING EFFECT OF LEGAL DOCU- subsections (a) and (b), respectively. ministration of such functions. MENTS.—All orders, determinations, rules, (b) TABLE OF CONTENTS.—The table of con- SEC. 205. REORGANIZATION. regulations, permits, agreements, grants, tents for the Homeland Security Act of 2002 The Director of the Federal Emergency contracts, certificates, licenses, registra- (6 U.S.C. 101) is amended by striking the Management Agency is authorized to allo- tions, privileges, and other administrative items relating to sections 503 through 507, cate or reallocate any function transferred actions— 510, and 515. under section 202 among the officers of the (1) which have been issued, made, granted, SEC. 113. RULE OF CONSTRUCTION. Federal Emergency Management Agency, or allowed to become effective by the Presi- Nothing in this Act shall be construed to and to establish, consolidate, alter, or dis- dent, any Federal agency or official thereof, detract from the Department of Homeland continue such organizational entities in the or by a court of competent jurisdiction, in Security’s primary mission to secure the Federal Emergency Management Agency as the performance of functions which are homeland from terrorist attacks. may be necessary or appropriate. transferred under this title, and TITLE II—TRANSFER AND SAVINGS SEC. 206. RULES. (2) which are in effect at the time this title PROVISIONS The Director of the Federal Emergency takes effect, or were final before the effec- Management Agency is authorized to pre- SEC. 201. DEFINITIONS. tive date of this title and are to become ef- scribe, in accordance with the provisions of In this title, unless otherwise provided or fective on or after the effective date of this chapters 5 and 6 of title 5, United States indicated by the context— title, Code, such rules and regulations as the Di- (1) the term ‘‘Federal agency’’ has the shall continue in effect according to their rector determines necessary or appropriate meaning given to the term ‘‘agency’’ by sec- terms until modified, terminated, super- to administer and manage the functions of tion 551(1) of title 5, United States Code; seded, set aside, or revoked in accordance the Federal Emergency Management Agen- (2) the term ‘‘function’’ means any duty, with law by the President, the Director of cy. obligation, power, authority, responsibility, the Federal Emergency Management Agency right, privilege, activity, or program; and SEC. 207. TRANSFER AND ALLOCATIONS OF AP- or other authorized official, a court of com- PROPRIATIONS AND PERSONNEL. (3) the term ‘‘office’’ includes any office, Except as otherwise provided in this title, petent jurisdiction, or by operation of law. administration, agency, institute, unit, orga- the personnel employed in connection with, (b) PROCEEDINGS NOT AFFECTED.—The pro- nizational entity, or component thereof. and the assets, liabilities, contracts, prop- visions of this title shall not affect any pro- SEC. 202. TRANSFER OF FUNCTIONS. erty, records, and unexpended balances of ap- ceedings, including notices of proposed rule- There are transferred to the Federal Emer- propriations, authorizations, allocations, making, or any application for any license, gency Management Agency established and other funds employed, used, held, arising permit, certificate, or financial assistance under section 101 of this Act all functions from, available to, or to be made available in pending before the Federal Emergency Man- which the Director of the Federal Emergency connection with the functions transferred by agement Agency at the time this title takes Management Agency of the Department of this title, subject to section 1531 of title 31, effect, with respect to functions transferred Homeland Security exercised before the date United States Code, shall be transferred to by this title but such proceedings and appli- of the enactment of this title, including all the Federal Emergency Management Agen- cations shall continue. Orders shall be issued the functions described under section 505 of cy. Unexpended funds transferred pursuant in such proceedings, appeals shall be taken the Homeland Security Act of 2002 (before to this section shall be used only for the pur- therefrom, and payments shall be made pur- the repeal of that section under section 104 poses for which the funds were originally au- suant to such orders, as if this title had not of this Act). thorized and appropriated. been enacted, and orders issued in any such proceedings shall continue in effect until SEC. 203. PERSONNEL PROVISIONS. SEC. 208. INCIDENTAL TRANSFERS. modified, terminated, superseded, or revoked (a) APPOINTMENTS.—The Director of the The Director of the Office of Management by a duly authorized official, by a court of Federal Emergency Management Agency and Budget, at such time or times as the Di- competent jurisdiction, or by operation of may appoint and fix the compensation of rector shall provide, is authorized to make law. Nothing in this subsection shall be such officers and employees, including inves- such determinations as may be necessary deemed to prohibit the discontinuance or tigators, attorneys, and administrative law with regard to the functions transferred by modification of any such proceeding under judges, as may be necessary to carry out the this title, and to make such additional inci- the same terms and conditions and to the respective functions transferred under this dental dispositions of personnel, assets, li- same extent that such proceeding could have title. Except as otherwise provided by law, abilities, grants, contracts, property, been discontinued or modified if this title such officers and employees shall be ap- records, and unexpended balances of appro- had not been enacted. pointed in accordance with the civil service priations, authorizations, allocations, and laws and their compensation fixed in accord- other funds held, used, arising from, avail- (c) SUITS NOT AFFECTED.—The provisions ance with title 5, United States Code. able to, or to be made available in connec- of this title shall not affect suits commenced (b) EXPERTS AND CONSULTANTS.—The Direc- tion with such functions, as may be nec- before the effective date of this title, and in tor of the Federal Emergency Management essary to carry out the provisions of this all such suits, proceedings shall be had, ap- Agency may obtain the services of experts title. The Director of the Office of Manage- peals taken, and judgments rendered in the and consultants in accordance with section ment and Budget shall provide for the termi- same manner and with the same effect as if 3109 of title 5, United States Code, and com- nation of the affairs of all entities termi- this title had not been enacted. pensate such experts and consultants for nated by this title and for such further meas- (d) NONABATEMENT OF ACTIONS.—No suit, each day (including traveltime) at rates not ures and dispositions as may be necessary to action, or other proceeding commenced by or in excess of the rate of pay for level IV of the effectuate the purposes of this title. against the Federal Emergency Management Agency, or by or against any individual in Executive Schedule under section 5315 of SEC. 209. EFFECT ON PERSONNEL. the official capacity of such individual as an such title. The Director of the Federal Emer- (a) IN GENERAL.—Except as otherwise pro- officer of the Federal Emergency Manage- gency Management Agency may pay experts vided by this title, the transfer pursuant to ment Agency, shall abate by reason of the and consultants who are serving away from this title of full-time personnel (except spe- enactment of this title. their homes or regular place of business, cial Government employees) and part-time travel expenses and per diem in lieu of sub- personnel holding permanent positions shall (e) ADMINISTRATIVE ACTIONS RELATING TO sistence at rates authorized by sections 5702 not cause any such employee to be separated PROMULGATION OF REGULATIONS.—Any ad- and 5703 of such title for persons in Govern- or reduced in grade or compensation for one ministrative action relating to the prepara- ment service employed intermittently. year after the date of transfer of such em- tion or promulgation of a regulation by the SEC. 204. DELEGATION AND ASSIGNMENT. ployee under this title. Federal Emergency Management Agency re- Except where otherwise expressly prohib- (b) EXECUTIVE SCHEDULE POSITIONS.—Ex- lating to a function transferred under this ited by law or otherwise provided by this cept as otherwise provided in this title, any title may be continued by the Federal Emer- title, the Director of the Federal Emergency person who, on the day preceding the effec- gency Management Agency with the same ef- Management Agency may delegate any of tive date of this title, held a position com- fect as if this title had not been enacted. the functions transferred to the Director of pensated in accordance with the Executive SEC. 211. SEPARABILITY. the Federal Emergency Management Agency Schedule prescribed in chapter 53 of title 5, If a provision of this title or its application by this title and any function transferred or United States Code, and who, without a to any person or circumstance is held in- granted to such Director after the effective break in service, is appointed in the Federal valid, neither the remainder of this title nor date of this title to such officers and employ- Emergency Management Agency to a posi- the application of the provision to other per- ees of the Federal Emergency Management tion having duties comparable to the duties sons or circumstances shall be affected.

VerDate Aug 31 2005 01:55 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A22OC6.032 S22OCPT1 bajohnson on PROD1PC71 with SENATE S13200 CONGRESSIONAL RECORD — SENATE October 22, 2007 SEC. 212. TRANSITION. tities, and they can be among the first S.J. Res. 22. A joint resolution pro- The Director of the Federal Emergency on the scene when disaster strikes. viding for congressional disapproval Management Agency is authorized to uti- Critical infrastructure is not, how- under chapter 8 of title 5, United lize— ever, confined to large urban areas. States Code, of the rule submitted by (1) the services of such officers, employees, and other personnel of the Federal Emer- Yet, 10 States—Delaware, Idaho, the Centers for Medicare & Medicaid gency Management Agency with respect to Maine, Montana, New Hampshire, Services within the Department of functions transferred by this title; and North Dakota, Rhode Island, South Da- Health and Human Services relating to (2) funds appropriated to such functions for kota, Vermont, and Wyoming—do not Medicare coverage for the use of such period of time as may reasonably be have a resident PSA dedicated to serv- erythropoiesis stimulating agents in needed to facilitate the orderly implementa- ing the interests and protecting the cancer and related neoplastic condi- tion of this title. citizens of those States. tions; to the Committee on Finance. SEC. 213. REFERENCES. The bill I introduce today will en- Mr. BAUCUS. Mr. President, today I Any reference in any other Federal law, hance our national preparedness, re- am introducing a joint resolution to Executive order, rule, regulation, or delega- sponse capability, and security by pro- disapprove of the Medicare National tion of authority, or any document of or per- viding a minimum Protective Security taining to a department, agency, or office Coverage Decision on cancer care an- from which a function is transferred by this Advisor presence in every State, while nounced by the Centers for Medicare & title— preserving the risk-based principle that Medicaid Services on July 30, 2007. I am (1) to the head of such department, agency, provides extra coverage in areas of taking this action out of concern for or office is deemed to refer to the head of the dense population or concentrated crit- America’s seniors who are afflicted department, agency, or office to which such ical infrastructure. with cancer, a terrible disease that af- function is transferred; or The bill will also enhance the PSA fects thousands of Medicare bene- (2) to such department, agency, or office is program by providing for 10 super- ficiaries each year. deemed to refer to the department, agency, visory PSAs for regional coordination At the outset, I want to make very or office to which such function is trans- and management, and by authorizing ferred. clear that Congress should not wan- additional PSAs at DHS headquarters. SEC. 214. ADDITIONAL CONFORMING AMEND- tonly second-guess the scientific proc- MENTS. These headquarters PSAs will help esses at CMS. The National Coverage (a) RECOMMENDED LEGISLATION.—After con- manage participation in training and Decision process is a very important sultation with the appropriate committees of exercises, PSA training and certifi- component of the agency’s governance the Congress and the Director of the Office of cation programs, and day-to-day oper- of the Medicare program and its mis- Management and Budget, the Director of the ations that help our Nation prevent, sion to protect the safety of bene- Federal Emergency Management Agency respond to, and limit the consequences shall prepare and submit to Congress rec- ficiaries. The agency makes several of terrorist attacks and natural disas- National Coverage Decisions each year ommended legislation containing technical ters. and conforming amendments to reflect the that are implemented without any con- changes made by this Act. This bill also will advance the goals gressional involvement. Several more (b) SUBMISSION TO CONGRESS.—Not later of the National Infrastructure Protec- coverage determinations are made by than 6 months after the effective date of this tion Plan. It will promote govern- regional Medicare carriers at the local title, the Director of the Federal Emergency mental and private-sector efforts to as- level. When scientific evidence sup- Management Agency shall submit the rec- sess risks to and vulnerabilities of crit- ports doing so, CMS clearly has author- ommended legislation referred to under sub- ical infrastructure, help stakeholders section (a). ity to limit Medicare coverage for share information and coordinate ac- drugs and other medical products and tivities, assist with multi-jurisdic- By Ms. COLLINS (for herself, Mr. services to an extent less than the tional planning, and provide counsel to PRYOR, Mr. SUNUNU, Mr. JOHN- Food and Drug Administration label any designated Principal Federal Offi- SON, Mr. COLEMAN, Mr. BIDEN, would otherwise allow. In fact, I am cial when a joint field office must be Mr. THUNE, Mr. ENZI, and Mr. working on a proposal that may pro- established. CARPER): State emergency managers recognize vide more clinical evidence to guide S. 2215. A bill to amend the Homeland the importance of this legislation. The CMS in making these decisions. There are some rare occasions, how- Security Act of 2002 to establish the Maine Emergency Management Agency ever, when CMS makes a decision that Protective Security Advisor Program has already provided a letter of sup- intrudes on the clinical judgment of Office; to the Committee on Homeland port. Its bipartisan list of cosponsors— Security and Governmental Affairs. doctors without the support of sci- Senators PRYOR, SUNUNU, JOHNSON, Ms. COLLINS. Mr. President. I rise entific evidence, prompting virtually COLEMAN, BIDEN, THUNE, ENZI, and CAR- to introduce a bill that would formally unanimous opposition from the clini- PER—includes three other members of cians who treat the patients whose establish and enhance the Protective the Senate Homeland Security Com- care is at stake. In these cases, I be- Security Advisor Program Office with- mittee. These facts attest to the bill’s lieve that Congress not only may but in the Department of Homeland Secu- merit. rity. Mr. President, 300 million Americans must intervene. This National Cov- The PSA program, which operates live in a society that depends on a com- erage Decision regarding the use of under the DHS Office of Infrastructure plex and tightly interrelated network erythropoiesis-stimulating agents, or Protection, has proven its worth on of critical infrastructure and services ESAs, for Medicare beneficiaries with many occasions. For example, when including food supply, finance, energy, cancer and cancer-related conditions is the Interstate 35–W bridge in Min- sanitation, transport, and communica- precisely such an instance. Mr. President, when a cancer patient neapolis collapsed in August of this tions. year, PSAs provided valuable support The DHS Protective Security Advi- receives an ESA, the goal is not to to the Minnesota Department of Public sors have demonstrated that they are a manage a person’s hemoglobin back to Safety, providing assessments of infra- critical element of our homeland-secu- the level of a healthy, non-anemic per- structure impacts relating to emer- rity defenses. This bill will expand son. That is because there can be gency services, postal and shipping op- their numbers, extend their coverage, health risks associated with raising the erations, public transit, fuel deliveries, strengthen their organization, and hemoglobin to such a level through public utilities, and rail operations. make all of us safer. ESA use. The FDA label makes it clear DHS has deployed more than 70 PSAs I urge my colleagues to support this that patients may only be adminis- in major metropolitan areas around measure. tered enough of an ESA to avoid a the country. These are skilled and transfusion, and that ESAs should savvy people, averaging more than 20 By Mr. BAUCUS (for himself, Mr. never be used to bring a patient’s he- years of law-enforcement, military, or CRAPO, Mr. WYDEN, Mr. moglobin level above 12 grams per deci- counter-terror experience. They regu- SALAZAR, Ms. CANTWELL, Mr. liter. So there can be risks when a pa- larly interact and develop working re- INHOFE, Mrs. DOLE, Mr. BURR, tient does not get enough of an ESA, lationships with Government agencies Mr. COBURN, and Mrs. including severe anemia and the need at all levels and with private-sector en- HUTCHISON): for blood transfusions. And there are

VerDate Aug 31 2005 01:55 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A22OC6.032 S22OCPT1 bajohnson on PROD1PC71 with SENATE October 22, 2007 CONGRESSIONAL RECORD — SENATE S13201 risks when a patient gets too much of Consequently, the clinical scenario that is whelmingly bipartisan, bicameral con- an ESA. The FDA label establishes pa- problematic is when a patient’s hemoglobin cern with the CMS policy. CMS, how- rameters to guard against under-utili- goes above 10 g/dL after 4 weeks of treatment ever, ignored these concerns and issued zation and over-utilization of these because the physician would then need to a final National Coverage Decision on discontinue the ESA treatment entirely. products. This is of concern because some patients July 30 that was even more onerous Now let us compare the FDA label might then drop below 10 g/dL justifying a than the one proposed. with the National Coverage Decision renewal of the ESA treatment and leading to On September 4, the Senate sent a announced by CMS. The National Cov- a ‘roller coaster’ of treatment potentially in- strong message of dissatisfaction when erage Decision limits ESA treatment volving stopping and starting ESA treat- we passed S. Res. 305, without one Sen- to hemoglobin levels less than 10 grams ment several times. This is extremely dif- ator objecting. S. Res. 305 called on per deciliter. This cap fails to recog- ficult for both the patient and the physician. CMS to immediately reconsider the nize the natural fluctuations in a pa- The Leukemia and Lymphoma Soci- National Coverage Decision. But CMS tient’s hemoglobin. This cap is simply ety wrote this in a recent letter to has refused to reopen the National Cov- incongruous with the FDA label, which CMS: erage Decision and work with the clin- recommends that patients should not As a reimbursement authority, CMS and ical community to develop an appro- be treated over 12. I should note that the Medicare program it administers should priate patient-centered policy that is the FDA label was recently changed, be guided by science and data in order to consistent with scientific evidence. with the addition of new ‘‘black box’’ achieve the best result for cancer patients. Because CMS has repeatedly ignored Accordingly, CMS should defer to the exper- our concerns, we now are forced to warnings and recent safety informa- tise of FDA and of the academic scientists tion. If the FDA believes that scientific who contribute to the ASCO/ASH guidelines. take legislative action that compels CMS to change this flawed policy. That evidence warrants changing the label Additionally, I share the concerns of is why today I am asking my Col- yet again, then clearly Medicare should many in the oncology community who leagues to support this resolution of not cover treatments that are not con- worry about exposing seniors to the disapproval. sistent with that new label. avoidable safety risks of blood trans- Furthermore, there are other aspects Let me tell you what this resolution fusions, as well as the effect of this pol- of the CMS National Coverage Decision does not do. This resolution does not icy on our nation’s blood supply. It has that are contrary to accepted stand- replace the medical judgment of CMS been clearly documented that certain ards of care and scientific evidence. or the FDA with that of Congress. This areas of the country are already at risk CMS imposed 4-week dose limitations resolution does not ignore the safety of running out of their blood supply or that are not based on the clinical needs concerns of ESAs used when a patient’s have ongoing shortages. Some areas of patients. The FDA labels allow ESAs hemoglobins are above the FDA label. have 24 hours worth of blood left before to be administered three times a week, Finally, this resolution does not reject they completely run out. According to every week, every 2 weeks, or every 3 the notion of any National Coverage the 2006 Nationwide Blood Collection weeks. Also, for patients who are slow Decision related to ESAs. This resolu- and Utilization Survey, the number of to respond to ESAs or do not respond, tion simply asks CMS to go back to the transfusions of red blood cells in 2004 CMS has created a one-time dose esca- drawing board. It compels CMS to work was nearly equivalent to the number of lation rule of 25 percent of the initial with the oncology community—the ex- units collected. This policy, which pa- ESA dose. This limitation is contrary perts and clinicians and patients—to tients are already telling us are forcing to FDA-approved dosing instructions. come up with a policy that is based on them into transfusion units, could put For instance, the FDA approved label- scientific evidence and that the com- in jeopardy a U.S. blood supply that is ing allows doubling the dose for some munity can support, or at least under- already fragile and stretched thin. regimens. The American Red Cross has indi- stand. That is why I ask my Colleagues Mr. President, over the past months, cated in their guidelines that trans- to join me in supporting this important I have seen an outpouring of concern fusions are not appropriate for chemo- legislation. with this National Coverage Decision Mr. President, I ask unanimous con- therapy patients when alternative by patients, providers, and the profes- sent that the text of the joint resolu- treatments are available: sional scientific community for many tion be printed in the RECORD. Red blood cells should not be used to treat There being no objection, the text of reasons. The American Society of Clin- anemia that can be corrected with a non- ical Oncology, the world’s leading pro- transfusion therapy such as iron or recom- the joint resolution was ordered to be fessional organization representing binant erythropoietin. printed in the RECORD, as follows: physicians of all oncology subspecial- To my great concern, the CMS Na- S.J. RES. 22 ties who care for cancer patients, wrote tional Coverage Decision responds to Whereas the Centers for Medicare & Med- this to CMS: this vital issue with the following: icaid Services issued a final Medicare na- tional coverage determination on the use of Under the new CMS policy, a patient’s he- The concern about the adequacy of the na- erythropoiesis stimulating agents in cancer moglobin could repeatedly fall below 10 fol- tion’s blood supply is not a relevant factor and related neoplastic conditions (CAG– lowing termination of coverage at the end of for consideration in this national coverage 000383N) on July 30, 2007; 4-week periods. This consequence would be determination. Our focus is whether the use Whereas the Centers for Medicare & Med- inconsistent with the FDA-approved label- of ESA is reasonable and necessary to treat icaid Services submitted to the Congress a ing, which, as noted above, states that ESA a particular illness. dosing should be titrated to the individual copy of the national coverage determination patient to maintain the hemoglobin The sole purpose for using ESAs, as rule, a detailed description of the rule, and level.... We strongly urge CMS to recon- stated on the FDA label, is to avoid a the proposed effective date of the rule; sider these restrictions in light of the con- blood transfusion. But CMS has decided Whereas 52 Senators and 235 Members of cerns detailed above. that this issue is not relevant to a deci- the House of Representatives, representing The current NCD does not allow for inter- sion regarding the coverage of ESAs. bipartisan majorities in both chambers, have pretation consistent with clinical practice, Well, I can guarantee you that it is im- written to the Centers for Medicare & Med- icaid Services expressing significant con- national guidelines, or the FDA-approved la- portant to the patients who will now be bels in this area. This reopening [of the Na- cerns with the proposed national coverage tional Coverage Decision] should occur as forced to seek transfusions as a result determination on the use of erythropoiesis soon as possible to avoid continued confusion of CMS’ shortsighted decision. stimulating agents in cancer and related and uncertainty [for] both physicians and pa- Congress continues to demonstrate neoplastic conditions, issued on May 14, 2007; tients. Until these issues are clarified, we that it shares the concerns of patients Whereas the leading national medical or- also strongly recommend that CMS delay the and the clinical community about the ganization representing physicians who treat effective date for the entire NCD. new CMS policy and the detrimental patients with cancer has noted that the na- The American Society of Hema- effect that it could have on patient tional coverage determination’s hemoglobin tology, the leading clinical authority care. Earlier this summer, prior to the level restriction is inconsistent with both the FDA-approved labeling and national on disorders affecting the blood, bone CMS issuance of the final National guidelines and that its dosing and titration marrow, and the immunologic, hemo- Coverage Decision, 52 Senators and 235 regimen restrictions are inconsistent with static, and vascular systems, has stat- Members of the House of Representa- established studies, the FDA label, and clin- ed: tives wrote to CMS expressing an over- ical guidelines and, therefore, has formally

VerDate Aug 31 2005 01:55 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A22OC6.035 S22OCPT1 bajohnson on PROD1PC71 with SENATE S13202 CONGRESSIONAL RECORD — SENATE October 22, 2007 requested that the Centers for Medicare & to the bill H.R. 3043, making appropria- The legislative clerk read as follows: Medicaid Services reconsider these restric- tions for the Departments of Labor, CLOTURE MOTION tions; Health and Human Services, and Edu- We, the undersigned Senators, in accord- Whereas the leading national medical or- cation, and related agencies for the fis- ganization representing physicians who treat ance with the provisions of rule XXII of the patients with disorders affecting the blood cal year ending September 30, 2008, and Standing Rules of the Senate, do hereby and bone marrow, the Nation’s leading for other purposes; which was ordered move to bring to a close debate on the mo- health care services network dedicated ex- to lie on the table; as follows: tion to proceed to Calendar No. 431, S. 2205, clusively to cancer treatment and research, At the end of title II, add the following: DREAM Act. and other national, nonprofit organizations SEC. ll. (a) The amount made available Richard J. Durbin, Robert Menendez, dedicated to improving patient access to under the heading ‘‘AGING SERVICES PRO- Daniel K. Inouye, Robert P. Casey, Jr., care have expressed similar concerns regard- GRAMS’’ under the heading ‘‘ADMINISTRATION Joe Lieberman, Patty Murray, Jeff ing the national coverage determination and ON AGING’’ in this title shall be increased by Bingaman, Jack Reed, Patrick Leahy, have called for its reconsideration; and $10,000,000 of which— Charles Schumer, Daniel K. Akaka, Whereas despite the strong concerns of the (1) $5,000,000 shall be used to carry out part Frank R. Lautenberg, Benjamin L. oncology and hematology community, the B of title III of the Older Americans Act of Cardin, John Kerry, S. Whitehouse, Centers for Medicare & Medicaid Services 1965 (42 U.S.C. 3030d) for fiscal year 2008 (for Barbara Boxer, Harry Reid. has failed to take any action: Now, there- supportive services and senior centers to Mr. REID. Madam President, I ask fore, be it allow area agencies on aging to account for unanimous consent that the manda- Resolved by the Senate and House of Rep- projected growth in the population of older tory quorum be waived. resentatives of the United States of America in individuals, and inflation); The PRESIDING OFFICER. Without (2) $2,000,000 shall be used to carry out part Congress assembled, That Congress dis- objection, it is so ordered. approves the rule (CAG–000383N) submitted C of title III of such Act (42 U.S.C. 3030d–21 et by the Centers for Medicare & Medicaid seq.) for fiscal year 2008 (for congregate and Mr. REID. Madam President, I with- Services within the Department of Health home-delivered nutrition services to help ac- draw the motion. and Human Services relating to Medicare count for increased gas and food costs); and The PRESIDING OFFICER. The mo- coverage for the use of erythropoiesis stimu- (3) $3,000,000 shall be used to carry out part tion is withdrawn. lating agents in cancer and related neo- E of title III of such Act (42 U.S.C. 3030s et plastic conditions, and such rule shall have seq.) for fiscal year 2008 (for the National f no force or effect. Family Caregiver Support Program to fund the program at the level authorized for that DEVELOPMENT, RELIEF, AND EDU- f program under that Act (42 U.S.C. 3001 et CATION FOR ALIEN MINORS ACT AMENDMENTS SUBMITTED AND seq.)). OF 2007 PROPOSED (b)(1) The 3 amounts described in para- Mr. LEAHY. Madam President, I am graph (2) shall be reduced on a pro rata basis, SA 3447. Mr. SMITH (for himself and Mr. to achieve a total reduction of $10,000,000. pleased that the Senate will have an BIDEN) submitted an amendment intended to (2) The amounts referred to in paragraph opportunity to consider and adopt the be proposed by him to the bill H.R. 3043, (1) are— DREAM Act. I have, again, cospon- making appropriations for the Departments (A) the amount made available under the sored Senator DURBIN’s initiative along of Labor, Health and Human Services, and heading ‘‘SALARIES AND EXPENSES’’ under the with Senators LUGAR and HAGEL and Education, and related agencies for the fiscal heading ‘‘DEPARTMENTAL MANAGEMENT’’ in urge all Senators to join us in pro- year ending September 30, 2008, and for other title I, for administration or travel expenses; ceeding to consideration of S.2205, the purposes; which was ordered to lie on the (B) the amount made available under the latest version of the Development, Re- table. heading ‘‘GENERAL DEPARTMENTAL MANAGE- SA 3448. Mr. SMITH (for himself and Mrs. MENT’’ under the heading ‘‘OFFICE OF THE lief, and Education for Alien Minors LINCOLN) submitted an amendment intended SECRETARY’’ in this title, for administration Act. to be proposed to amendment SA 3325 pro- or travel expenses; and The DREAM Act was first introduced posed by Mr. HARKIN (for himself and Mr. (C) the amount made available under the in 2001, during the 107th Congress. The SPECTER) to the bill H.R. 3043, supra; which heading ‘‘PROGRAM ADMINISTRATION’’ under Judiciary Committee favorably re- was ordered to lie on the table. the heading ‘‘DEPARTMENTAL MANAGEMENT’’ ported the bill with bipartisan support f in title III, for administration or travel ex- in 2002 and, again, in 2003 during the penses. TEXT OF AMENDMENTS 108th Congress. When the Senate Judi- f ciary Committee took up comprehen- SA 3447. Mr. SMITH (for himself and PRIVILEGES OF THE FLOOR sive immigration reform in 2006 during Mr. BIDEN) submitted an amendment Mr. HARKIN. Mr. President, I ask the 109th Congress, the DREAM Act intended to be proposed by him to the unanimous consent that Caitlin Parton was adopted by voice vote as an amend- bill H.R. 3043, making appropriations of my staff be granted floor privileges ment to the comprehensive immigra- for the Departments of Labor, Health for the duration of today’s session. tion reform bill reported by the Judici- and Human Services, and Education, The ACTING PRESIDENT pro tem- ary Committee, and it was included in and related agencies for the fiscal year pore. Without objection, it is so or- the comprehensive immigration reform ending September 30, 2008, and for dered. measure that the Senate ultimately other purposes; which was ordered to f passed in 2006. Senator DURBIN worked lie on the table; as follows: hard to have the DREAM Act included At the appropriate place in title II, insert DEVELOPMENT, RELIEF, AND EDU- in the bill the Senate took up this past the following: CATION FOR ALIEN MINORS ACT summer. I hope the spirit of bipartisan- SEC. ll. (a) Notwithstanding any other OF 2007—MOTION TO PROCEED ship that has been evident throughout provision of this Act, there shall be made available under this Act a total of $7,500,000 CLOTURE MOTION this bill’s history in the Senate can for the National Violent Death Reporting Mr. REID. Madam President, I was carry it to final passage this year. System within the Centers for Disease Con- going to ask unanimous consent that The bill sets the right tone and pol- trol and Prevention. the Senate proceed to the consider- icy. It seeks to enhance educational op- (b) Amounts made available under this Act ation of S. 2205 at a time to be deter- portunities for thousands of young peo- for travel and administrative expenses for mined, but I am advised that there ple who wish to enter college, but who the Department of Labor, the Department of would be a Republican objection. are prevented from doing so due to cir- Health and Human Services, and the Depart- Therefore, I will not ask that unani- cumstances over which they have little ment of Education shall be further reduced on a pro rata basis by the percentage nec- mous consent. In view of that objection control. We should send the clear sig- essary to decrease the overall amount of that would have been lodged, I now nal that the Senate majority is com- such spending by $7,500,000. move to proceed to Calendar No. 431, S. mitted to doing what it can to move 2205, the DREAM Act, and I send a clo- positive immigration reforms forward. SA 3448. Mr. SMITH (for himself and ture motion to the desk. It makes good sense to invest in our fu- Mrs. LINCOLN) submitted an amend- The PRESIDING OFFICER. The clo- ture by enhancing educational opportu- ment intended to be proposed to ture motion having been presented nities for our Nation’s young people. amendment SA 3325 proposed by Mr. under rule XXII, the Chair directs the Children brought to the United HARKIN (for himself and Mr. SPECTER) clerk to read the motion. States by their parents or guardians

VerDate Aug 31 2005 01:55 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A22OC6.027 S22OCPT1 bajohnson on PROD1PC71 with SENATE October 22, 2007 CONGRESSIONAL RECORD — SENATE S13203 occupy a unique position in our soci- bring. Let the Senate do the right of proceedings be approved to date, the ety. They are technically illegal in sta- thing, endorse the DREAM Act and re- morning hour be deemed to have ex- tus, but the Supreme Court has deter- inforce the American dream for all. pired, the time for the two leaders be mined that these children are not re- f reserved for use later in the day, and sponsible for the actions of their par- the Senate resume consideration of ents for purposes of elementary and ORDER FOR STAR PRINT—S. 2201 H.R. 3043, as provided for under the pre- secondary public education, recog- Mr. REID. Madam President, I ask vious order; that on Tuesday the Sen- nizing that we disserve ourselves when unanimous consent that S. 2201 be star ate recess from 12:30 to 2:15 p.m. for the we discriminate against them. The printed with the changes that are at respective party conferences. DREAM Act builds upon the rationale the desk. The PRESIDING OFFICER. Without underlying the Supreme Court’s deci- The PRESIDING OFFICER. Without objection, it is so ordered. sion in Plyler v. Doe in the interest of objection, it is so ordered. f strengthening our Nation’s future. It builds upon the American dream. f PROGRAM Upon graduation from high school, APPOINTMENTS Mr. REID. Madam President, we have thousands of talented young people The PRESIDING OFFICER. The said we would finish the bill by 12:30 to- find themselves without the legal sta- morrow. That may be difficult to do. I tus to obtain aid to attend college. The Chair, on behalf of the President pro am disappointed, but I know everybody DREAM Act would give currently un- tempore, pursuant to Public Law 99– is working in good faith. I accept the documented eligible young people the 498, reappoints the following individual distinguished Republican leader at his conditional legal status they need to as a member of the Advisory Com- word that the bill will be completed allow them to obtain assistance to at- mittee on Student Financial Assist- sometime tomorrow afternoon. We are tend college or to join our military and ance: Clare Cotton of Massachusetts. eventually to obtain permanent legal The Chair, on behalf of the President making progress. We have a number of residency and citizenship. Those who pro tempore, upon the recommendation things going forward. would benefit from the DREAM Act are of the Republican Leader, pursuant to The Republican leader knows what I young people we should be encouraging Public Law 105–292, as amended by Pub- am going to do as soon as we finish the to follow their dreams. The status quo, lic Law 106–55, and as further amended Labor-HHS bill—appoint conferees, and in which our policies create barriers to by Public Law 107–228, appoints the fol- it will go to conference, and we will advancement for so many young people lowing individual to the United States bring that back as quickly as we can. who yearn to achieve and contribute, Commission on International Religious He knows what I am moving to after works to the disadvantage of the Freedom: Dr. Richard D. Land of Ten- that bill is finished. United States. Rather than barring nessee, for a term of two years. f young people from entering the Amer- f ican mainstream, we should strengthen ADJOURNMENT UNTIL 10 A.M. our Nation’s future through increased ORDERS FOR TUESDAY, OCTOBER TOMORROW participation in higher education and 23, 2007 Mr. REID. Madam President, if there in the military. Mr. REID. Madam President, I ask is no further business, I ask unanimous As the Senate prepares to take up unanimous consent that when the Sen- consent that the Senate stand ad- the DREAM Act, I hope that those who ate completes its business today, it journed under the previous order. opposed comprehensive immigration stand adjourned until 10 a.m., Tuesday, There being no objection, the Senate reform will pause to consider the very October 23; that on Tuesday, following at 8:21 p.m., adjourned until Tuesday, real benefits the DREAM Act will the prayer and the pledge, the Journal October 23, 2007, at 10 a.m.

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IN RECOGNITION OF DR. ican soldiers fighting and dying in Iraq. Regret- been a leader in responsible environmental ELIZABETH BALRAJ tably, Turkey has responded to this Resolution restoration. with threats that would endanger the safety of Madam Speaker, it is appropriate that we HON. DENNIS J. KUCINICH those soldiers and make it more difficult for us congratulate Circuit Ride Productions for the many wonderful contributions this organization OF OHIO to quickly and safely bring our troops home. I know that my friends in the Armenian com- has made to our community. By taking a com- IN THE HOUSE OF REPRESENTATIVES munity have worked very hard over the years prehensive approach to working with at-risk Monday, October 22, 2007 on behalf of this Resolution, and I know that youth, and providing more than abstract job Mr. KUCINICH. Madam Speaker, I rise they will be disappointed if its passage is de- training, they have bettered the lives of count- today in recognition of Dr. Elizabeth Balraj as layed. However, they will be no more dis- less young people while providing important she retires after 35 years of dedicated public appointed than I am about the fact that more and scientifically sound guidance in ecological service to the people of Northeast Ohio, in- than four years after the President launched restoration. cluding 20 years as Cuyahoga County cor- his misguided war in Iraq, our troops are still f in harm’s way. oner. INTRODUCTION OF THE PROCE- Dr. Balraj began her career in the 1960s, f DURAL FAIRNESS FOR SEP- immigrating to the United States to become a TEMBER 11TH VICTIMS ACT physician and surgeon after completing her HONORING CIRCUIT RIDER studies in her native India. She practiced med- PRODUCTIONS icine at Akron General Hospital and St. Luke’s HON. TIMOTHY H. BISHOP Hospital in Cleveland before coming to the HON. MIKE THOMPSON OF NEW YORK IN THE HOUSE OF REPRESENTATIVES Cuyahoga County Coroner’s Office as deputy OF CALIFORNIA coroner and pathologist. In 1987, she was ap- IN THE HOUSE OF REPRESENTATIVES Monday, October 22, 2007 pointed Coroner of Cuyahoga County, fol- Monday, October 22, 2007 Mr. BISHOP of New York. Madam Speaker, lowing the retirement of Coroner Dr. Samuel I rise on behalf of nine of my colleagues to in- Gerber, a position she held until her retirement Mr. THOMPSON of California. Madam troduce the Procedural Fairness for Sep- in July of this year. Speaker, I rise today to honor Circuit Rider tember 11th Victims Act. This bipartisan legis- During her time as Coroner of Cuyahoga Productions, a non-profit corporation that has lation is an identical companion to a bill intro- County, Dr. Balraj established herself as a harmonized the work of providing human serv- duced by Senator BIDEN and passed by the very capable and energetic leader. She ices for at-risk youth with a mission to help re- Senate earlier this month. worked very hard with local law enforcement store and sustain Sonoma County’s ecological We offer this legislation in response to a officials to help solve murder cases and was resources. The work done by Circuit Rider shortcoming in the Federal rules of civil proce- there to console the many people who lost Productions has been of immense value to the dure that has the unintended consequence of loved ones. Additionally, she advanced the community of northern Sonoma County. restricting witnesses from appearing in civil cause of women in the medical field by blaz- Circuit Rider Productions was founded in lawsuits involving September 11th claims. ing the trail for women to become more in- 1976 by Fred Beeman and Ed Kissam with Six years ago, Americans came together to volved in science and medicine, as well as the the mission to reach out to people and places support one another in a time of national cri- law enforcement field. in need of help. The organization’s original sis. The attacks on September 11, 2001 af- Madam Speaker and colleagues, please join project took a Federal grant and taught young fected all of us, in all walks of life and in every me in honoring Dr. Elizabeth Balraj or her people to use video production technology and State across the country. However, for those service to Cuyahoga County, her passion for to film a documentary about a project which who were injured or lost loved ones on Sep- her work, and her kindness to the many fami- employed low-income youth to plant trees. tember 11th, geography is playing a major role lies and individuals of Cuyahoga County over The fusion of job training, youth services, and in their ability to seek compensation. the last 35 years. environmental restoration formed the core of Shortly after September 11th, Congress f services that Circuit Rider Productions has mandated that victims and their families who continued to offer in the 30 years since. opted out of the 9/11 Victims Compensation AFFIRMATION OF THE UNITED The organization is currently comprised of Fund and chose to pursue civil suits could STATES RECORD ON THE ARME- two divisions: Resources and Programs for only do so in the U.S. District Court for the NIAN GENOCIDE RESOLUTION Youth Family and Community; and the Center Southern District of New York. According to for Ecological Restoration and Stewardship. the Federal Rules of Civil Procedure, parties HON. JOHN D. DINGELL The first set of programs work with youth in can only subpoena testimony and documents OF MICHIGAN northern Sonoma County on issues such as within 100 miles of that district. As a result, IN THE HOUSE OF REPRESENTATIVES drug and alcohol abuse and gang activity. many victims and their families cannot bring Through no-cost community counseling, pro- the witnesses or documents they need for Monday, October 22, 2007 grams in schools, and court referrals, young their cases. Mr. DINGELL. Madam Speaker, I have people who are at risk for substance abuse or In response, the Procedural Fairness for noted in recent days that some of my col- involvement with gang activities receive help September 11th Victims Act will amend the Air leagues have asked to have their names re- from the various Circuit Rider programs focus- Transportation Safety and System Stabilization moved from the list of those cosponsoring ing on life and communication skills, self-con- Act to provide for nation-wide subpoena power House Resolution 106. I have not asked to be fidence building, and responsible decision to all parties involved—victims, their families removed as a cosponsor because I still making. and the defendants—when litigating 9/11 strongly support the goals of the Resolution, The Center for Ecological Restoration and claims. and believe that it is important to acknowledge Stewardship focuses on providing landowners Madam Speaker, I hope my colleagues the atrocities committed against the Armenian and communities with the information they agree that justice requires that the parties to people by the Ottoman Empire do indeed con- need to make sound decisions about water- cases arising under the Victims Compensation stitute genocide. sheds. Through an analysis program and eco- Fund have access to all the testimony and While I support the message of the Resolu- logical restoration services, the organization documents relevant to their claims, regardless tion, I have recently signed a letter asking that can provide the training necessary to help get of where in the U.S. the witnesses or docu- it not be brought to the House floor at this these projects off the ground. With a particular ments are located. Therefore, I encourage my time. While the Armenian genocide is a tragic emphasis on controlling invasive species and colleagues to cosponsor the Procedural Fair- part of history, in the present there are Amer- restoring native species, Circuit Rider has ness for September 11th Victims Act and call

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

VerDate Aug 31 2005 06:46 Nov 20, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~1\2007NE~2\E22OC7.REC E22OC7 mmaher on MIKETEMP with CONG-REC-ONLINE E2190 CONGRESSIONAL RECORD — Extensions of Remarks October 22, 2007 upon the leadership to move this legislation as ticed, and I am truly honored to play a role in Section 10 of the Communications Act per- soon as possible. this special day. I would like to thank my col- mits a telecommunications carrier to file a peti- f leagues for joining me in honoring His Holi- tion with the Federal Communications Com- ness, the Fourteenth Dalai Lama. mission, FCC, asking the FCC to forbear from RECOGNIZING MR. CHAD BLOCK f applying certain statutory or regulatory require- FOR HIS HEROIC ACTIONS ments to it. The FCC may grant forbearance RECOGNIZING THE 40TH ANNIVER- if it finds that doing so is in the public interest. HON. PATRICK J. MURPHY SARY OF MS. HELEN SPENCER It is certainly within the prerogative of Con- OF PENNSYLVANIA AS THE CITY CLERK OF FORT gress to create a statutory regime that permits WALTON BEACH, FLORIDA IN THE HOUSE OF REPRESENTATIVES a regulatory agency to forbear from applying a statutory requirement, so long as the agency Monday, October 22, 2007 HON. JEFF MILLER finds that consumers will continue to be pro- Mr. PATRICK J. MURPHY of Pennsylvania. OF FLORIDA tected and well served. The problem in this Madam Speaker, I rise today to recognize Mr. IN THE HOUSE OF REPRESENTATIVES circumstance is that the statute states that the Chad Block, businessman and volunteer fire- carrier’s petition will be ‘‘deemed granted’’ if Monday, October 22, 2007 fighter, for his heroic acts on the afternoon of the FCC does not act within a prescribed time- March 24, 2007. Mr. MILLER of Florida. Madam Speaker, on frame. In other words, if the clock runs out be- On this date Mr. Block passed by a car ac- behalf of the United States Congress, it is with fore the FCC has reached agreement on the cident where a box van was on fire on Route great honor that I rise today in recognition of merits of a petition, the petition is automati- 202 in Bucks County, PA. Acting quickly, Mr. Helen Spencer, who for the last 40 years has cally granted. Block positioned his vehicle to prevent other engaged in committed, dutiful service to the This untenable situation must be corrected. cars from reaching the fire. Suddenly, the fuel City of Fort Walton Beach, FL, as the City It can and has led to undesirable results. tank exploded on the box van sending it down Clerk. First, the FCC last year permitted one for- the road toward an outlet store full of cus- Helen Spencer’s dedication to the City bearance petition to be ‘‘deemed granted’’ tomers and workers. began in 1967 when she became a secretary without issuing an accompanying written Without hesitation or regard for his own life, in the Fort Walton Beach Police Department. order, thereby making it impossible for Con- Mr. Block pulled a wheel chock from his own In 1970, she was promoted to stenographer. gress or the courts to ascertain the scope of truck and placed it under the wheel of the In 1974 and for the next 7 years she was a relief granted or the legal rationale supporting burning van stopping its movement. Moments high level secretary, and on April 29, 1981, the agency action. In this situation, which later, as the heat from the burning van over- she was promoted to Executive Secretary for could easily occur again, it is difficult for Con- came the wheel chock; the burning van began the Fort Walton Beach Police Department. gress to conduct proper oversight of the imple- to move again down the road. Without hesi- When the position of City Clerk of Fort Walton mentation of the Communications Act, as well tation, Mr. Block placed his own truck in the Beach was vacated she was quickly chosen to as oversight of the telecommunications indus- path of the burning van until fire crews could fill the spot as interim city clerk. After only a try. secure the van and extinguish the fire. few months of service to the City, the City Second, the ‘‘deemed granted’’ language re- Madam Speaker, Mr. Block’s bravery goes Council asked her to fill the position perma- sults in unsound decision-making at the FCC. above and beyond what we expect from our nently. Faced with contentious, complicated issues as citizens; but as a dedicated volunteer fire- As the city clerk, Mrs. Spencer manages a set forth in these petitions, the FCC now rou- fighter with concern for the safety of his com- multitude of functions. She oversees the offi- tinely waits until the last possible minute—in munity, he acted fast and with great daring. cial City records, prepares City elections, man- some cases literally the 11th hour—to make a He acted without regard to his own life to en- ages the city’s leases and deeds, and pre- rushed decision. All the while, during the sure the safety of others. I urge my colleagues pares countless minutes and agenda pack- FCC’s deliberations, the threat of an automatic to join me in recognizing Chad Block for his ages for the City Council. However, Mrs. grant of forbearance from statutory provisions heroism. Spencer’s dedication to the community ranges hovers over the proceedings. Such a dis- f beyond her occupation. She participates on jointed process is not likely to result in public the Local Issues Committee, the Greater Fort policy that benefits consumers. CONGRATULATING THE DALAI Walton Beach Chamber of Commerce, and This bill simply removes the ‘‘deemed grant- LAMA UPON BEING AWARDED serves as vice president of the Sugar Beach ed’’ language from the statute. Carriers are THE CONGRESSIONAL GOLD Sertoma Club. still free to seek forbearance, and the FCC MEDAL Madam Speaker, on behalf of the United may still grant forbearance where appropriate. States Congress, I am proud to recognize But the ‘‘deemed granted’’ language must be HON. JOHN D. DINGELL Helen Spencer on her 40th anniversary with removed to safeguard the ability of Congress OF MICHIGAN the City of Fort Walton Beach, FL. Mrs. Spen- and the courts to conduct appropriate over- IN THE HOUSE OF REPRESENTATIVES cer truly possesses an extraordinary under- sight, to protect consumers, and to restore Monday, October 22, 2007 standing and a unique perspective of the transparency to the decision-making process. City’s history. She is a committed, innovative, f Mr. DINGELL. Madam Speaker, I rise today and loyal resident of Fort Walton Beach, and to congratulate the Dalai Lama upon being we are forever grateful for her service. IN RECOGNITION OF LAKEWOOD awarded the prestigious Congressional Gold f HOSPITAL Medal of Honor. The Congressional Gold Medal is the na- INTRODUCTION OF BILL ON PRO- HON. DENNIS J. KUCINICH TECTING CONSUMERS THROUGH tion’s highest and most distinguished civilian OF OHIO THE PROPER FORBEARANCE award. The honor must be approved by at IN THE HOUSE OF REPRESENTATIVES least two-thirds of the Members of both the PROCEDURES ACT OF 2007 House of Representatives and the Senate in Monday, October 22, 2007 order to be awarded. Over 100 awards have HON. JOHN D. DINGELL Mr. KUCINICH. Madam Speaker, I rise been conferred since its creation in 1776, in- OF MICHIGAN today to honor the 100th anniversary of Lake- cluding recipients General George Wash- IN THE HOUSE OF REPRESENTATIVES wood Hospital, which has proven to be a lead- ington, Winston Churchill, and Nelson er in northeastern Ohio’s health care commu- Mandela. Monday, October 22, 2007 nity. His Holiness, the Fourteenth Dalai Lama, Mr. DINGELL. Madam Speaker, I rise in Founded in 1907, Lakewood Hospital pro- has exemplified the spirit of the award, dem- support of the bill entitled the ‘‘Protecting Con- vides high quality and innovative treatment to onstrating tremendous compassion and toler- sumers through Proper Forbearance Proce- more than 130,000 patients annually from ance. Through his selfless advocacy of peace dures Act of 2007’’, which I am introducing throughout Cuyahoga County. The hospital’s and human rights, the Dalai Lama has lived as today. This legislation is intended to correct affiliation with the Cleveland Clinic and other an example of what one committed individual persistent problems in procedure created by regional hospitals offers individuals access to can accomplish. His efforts to better the lives two words in the Communications Act of 1934, state-of-the-art technology and individualized of the Tibetan people have not gone unno- as amended. care.

VerDate Aug 31 2005 06:46 Nov 20, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~1\2007NE~2\E22OC7.REC E22OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 22, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E2191 Lakewood Hospital is not only a vital com- recent renovations were finished in October nity Funding Committee, an associate of the munity resource for treating illnesses and inju- 1999 funded with additional gifts and dona- Planned Parenthood Federation of America ries, but it also works to keep individuals tions. Thanks in large part to the work of many Katrina Task Force and a member of the healthy through educational wellness pro- generous donors, the Hands-On Museum has Planned Parenthood Global Partners Advisory grams, public health screenings and other seen over 3.1 million visitors to date. Board. community outreach programs. The Hands-On Museum is a remarkable in- Madam Speaker, it is appropriate at this Lakewood hospital has introduced ‘‘A Cen- stitution and has been widely recognized, in- time that we recognize Tina Mackenzie for her tury of Touching Lives’’ as the theme of its cluding being named ‘‘Best Museum’’ in 2003 courage and her determination and for her year-long centennial anniversary celebration. by the Detroit Free Press. It was also named abiding concern for the health of women and This theme reflects the tradition of caring and both ‘‘Best Museum’’ and ‘‘Best Kids’ Activity’’ children. personal patient experiences that have be- by Ann Arbor News readers in 2006. Along come Lakewood Hospital’s legacy. with these awards, the Hands-On Museum f To recognize the important relationship be- has also received national recognition by the tween the hospital and local schools, Lake- National Science Foundation, the Institute of HONORING J. ROY GABRIEL wood Hospital plans to sponsor a year-long Museum and Library Services and the Asso- series of health education programs. It will ciation of Science and Technology Centers. HON. GEORGE RADANOVICH also celebrate ‘‘Nurse’s Week’’ and ‘‘Hospital The Ann Arbor Hands-On Museum has now OF CALIFORNIA Week’’ to recognize the contributions of served to educate several generations of chil- IN THE HOUSE OF REPRESENTATIVES nurses and other employees throughout the dren. It is truly a treasure for residents of the hospital’s history. City of Ann Arbor, Washtenaw County and the Monday, October 22, 2007 Madam Speaker and colleagues, please join State of Michigan. I applaud the Hands-On Mr. RADANOVICH. Madam Speaker, I rise me in honoring Lakewood Hospital for its 100- Museum for all that it has done; all that it today to recognize J. Roy Gabriel for his years year commitment to high quality, community- means to the children who walk through its of distinguished service to the California Farm based health care. doors; and for all that it will do to educate both Bureau Federation. Mr. J. Roy Gabriel passed f current and future generations of children. away, unexpectedly, during a Farm Bureau HONORING THE ANN ARBOR f advocacy trip to Washington, DC the week of HANDS-ON MUSEUM ON THE OC- HONORING TINA MACKENZIE OF October 1st. CASION OF ITS TWENTY-FIFTH HUMBOLDT COUNTY Roy Gabriel was a native of Fullerton, Cali- ANNIVERSARY fornia. He graduated from California Poly- technic University, San Luis Obispo with a de- HON. MIKE THOMPSON gree in agricultural business management and HON. JOHN D. DINGELL OF CALIFORNIA received a technical certificate in crop produc- OF MICHIGAN IN THE HOUSE OF REPRESENTATIVES tion. Mr. Gabriel worked as Assistant Sec- IN THE HOUSE OF REPRESENTATIVES Monday, October 22, 2007 retary of the California State Senate prior to Monday, October 22, 2007 Mr. THOMPSON of California. Madam beginning his career with the California Farm Mr. DINGELL. Madam Speaker, I rise today Speaker, I rise today to recognize Tina Mac- Bureau in 1973. in honor of a world-class learning and edu- kenzie, executive director of Six Rivers In Mr. Gabriel’s 35 years with the California cational institution: The Ann Arbor Hands-On Planned Parenthood of Eureka, California, Farm Bureau he worked closely with many Museum. On October 20, 2007, the Hands-On who is being honored for her contribution to government officials, farmers and farm labor- Museum will be Celebrating 25 Years of Dis- one of our nation’s most precious rights—par- ers to promote agriculture and to provide a covery. ticipation in the political system. Tina Mac- more conducive environment for every one in- The Ann Arbor Hands-On Museum serves kenzie is being recognized for her outstanding volved. As the Director of Labor Affairs, Mr. as a focal point for informal science education contribution to the political process by the Gabriel represented the Farm Bureau on a in the greater Ann Arbor community, occu- Humboldt County Democratic Central Com- number of issue areas; including labor poli- pying 40,000 square feet in an old firehouse. mittee as the 2007 Democrat of the Year. Her cies, workplace rules and housing issues. He From exhibits that tangibly display the effects commitment to the preservation of our political was passionate and knowledgeable in all of gravity, photography, anatomy, geology, liberty is worthy of appreciation and recogni- issues related to agriculture business and was music and many other scientific phenomena, tion. involved with many agriculture groups outside to a live bee colony spread throughout the Ms. Mackenzie was born in Philadelphia to of the California Farm Bureau. building; the Hands-On Museum brings learn- a family of seven children. She received a During the 1980’s, Mr. Gabriel, served as ing to life. Special events like the Big Freeze Bachelor of Arts in social work from Ohio the general manager of an organization known and National Engineering Week are just part State University and a teaching credential as ALFA. This organization assisted immigrant of what make the Hands-On Museum such a from Humboldt State University. She first farm workers with the Immigration Reform and wonderful place; one which allows children joined Six Rivers Planned Parenthood’s Board Control Act of 1986 and successfully assisted and adults to experience learning first hand, of Directors in 1976. She joined the staff in over 50,000 people in applying for legal immi- together. 1978, serving as the agency’s Public Affairs gration status. Governor Pete Wilson ap- The history of this great institution is filled Director and Coordinator of Surgical Services. pointed Mr. Gabriel to serve as Chief Deputy with instances of well meaning people building For the past fifteen years, Ms. Mackenzie Director of the California Department of Indus- it from the ground up. In 1982, a small, but ex- has served as the executive director at Six trial Relations in 1998. However, he returned tremely dedicated group of individuals came Rivers Planned Parenthood. She has been a to the California Farm Bureau after Governor together to create the Hands-On Museum in tireless champion for reproductive rights and Wilson termed out of office in 1999. the old brick firehouse in downtown Ann women’s health issues. Under her guidance, Mr. Gabriel was a committed advocate for Arbor. They did this because they wanted a SRPP has won seven affiliate excellence family farmers and ranchers across the State. place for their children and many others to awards from the Planned Parenthood Federa- He worked both as Director of Labor Affairs come and learn, while having fun at the same tion. The agency operates in three rural coun- for the California Farm Bureau Federation and time. These volunteers were able to raise ties and serves over 17,000 patients annually. as Chief Operating Officer of the Farm Em- enough money to open the museum and en- Under Tina’s excellent leadership, a new ployers Labor Service. The Washington, DC sure its future funding. These first efforts health and education center was completed in trip earlier this month was an advocacy trip in eventually led to the further expansion of the 2007, preceded by a very successful $2.6 mil- support of Federal immigration reform legisla- Hands-On Museum and in 1986 it received a lion capital campaign. tion. He is survived by his wife, Ruth and Kresge Foundation Challenge Grant, which al- Tina Mackenzie has been an active, produc- three adult children; John C. Gabriel, Kristi A. lowed it to open up new exhibits on the third tive and dedicated community leader for over Gabriel and Christopher R. Gabriel. and fourth floors of the firehouse. The Hands- 30 years. She received the North Coast Non- Madam Speaker, I rise today to honor post- On Museum initiated its own $6.5 million Cap- Profit Leader of the Year Award in 2007 and humously J. Roy Gabriel. I invite my col- ital Campaign fund, in 1993, which allowed it has been recognized by the California Assem- leagues to join me in recognizing Mr. Gabriel to expand by purchasing adjoining buildings bly with the Community Builder Award. She is for his extraordinary service and dedication to and introducing new programs. Ever-evolving, a member of the North Coast Co-Op Commu- his community.

VerDate Aug 31 2005 06:46 Nov 20, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~1\2007NE~2\E22OC7.REC E22OC7 mmaher on MIKETEMP with CONG-REC-ONLINE E2192 CONGRESSIONAL RECORD — Extensions of Remarks October 22, 2007 CHILDREN’S HEALTH INSURANCE where he built a small home in rural Ross challenges that the United States would face PROGRAM REAUTHORIZATION County and served as a truck driver. But his installing a government that was both demo- ACT OF 2007—VETO MESSAGE courage and sacrifice were not forgotten, and cratic and responsible. I am increasingly con- FROM THE PRESIDENT OF THE those who have been touched by him were cerned about the recent reports concerning UNITED STATES compelled to contact me with his story, as I the corruption of the Maliki government in Iraq. am obliged to share it with you now. The Bush Administration has told us that the SPEECH OF Our history books tell us that the Battle of controversial troop surge has led to political HON. SANDER M. LEVIN Normandy established the foothold that al- progress in Iraq. The unfortunate reality is that lowed Allied forces to confront Adolf Hitler’s OF MICHIGAN corruption has been prevalent throughout the swarming dictatorship of hate. We know that Iraqi government, hindering political progress IN THE HOUSE OF REPRESENTATIVES the Battle of the Bulge was his last-ditch at- in the nation. Even worse, our own govern- Thursday, October 18, 2007 tempt to divide the Allied forces. As a Con- ment has attempted to shield the American Mr. LEVIN. Madam Speaker, I rise in strong gressman, a member of the Committee on people from the disturbing reality of what is support of overriding the President’s veto on Veterans’ Affairs, an Ohioan, and an Amer- really going on in the Iraqi government. I am the Children’s Health Insurance Program. ican, I recognize Mr. Bill Malarkey today to re- pleased that the House of Representatives is The bill would provide health coverage to mind others that these historic victories, these considering this resolution, which condemns more than 10 million low-income kids. In my bold affirmations of our freedoms, were built the deceptive actions of the State Department. home State of Michigan, this means expand- on the uncommon courage of men like Bill With over 450 billion dollars already appro- ing a program that works to 80,900 kids that Malarkey. priated to the Iraq War, as well as the painful are already eligible. The families of these kids f death of over 3,800 of America’s finest men make between $20,535 and $41,300 a year. and women and wounding of more than The claims against the bill are false. TRIBUTE TO THE 786TH 28,000 more, this resolution is necessary to This program is not for well-to-do families. QUARTERMASTER BATTALION ensure that Congress and the American peo- Most kids the bill would cover are in families ple understand what our sacrifices have ac- making less than $41,300 a year. HON. DONNA M. CHRISTENSEN complished in this war. By retroactively This is not about socialized medicine. It cov- OF THE VIRGIN ISLANDS classifying documents that ridicule the Iraqi ers kids under the same private health plans IN THE HOUSE OF REPRESENTATIVES government, as well as refusing to answer and private doctors that treat the 6 million kids Monday, October 22, 2007 questions before this body regarding the ex- in the original program authorized in 1997 tent of corruption in Iraq, the State Department Mrs. CHRISTENSEN. Madam Speaker, I under a Republican Congress. has set out to deceive not only the United submit the following names of the 786th Quar- This is not about providing health insurance States Congress, but also the American peo- termaster Battalion in celebration of their re- to illegal immigrants. Undocumented immi- ple who are fighting and funding this war. This turn to the Virgin Islands after their 14-month grants have never been eligible for the Chil- resolution will ensure that the State Depart- deployment to Iraq. dren’s Health Insurance Program and this bill ment understands that the truth, regardless of Members of the battalion unit are: requires that kids show proof of citizenship to how dismal it may be, is more important than enroll. SSG Samuel Abraham, St. Croix (second mere politics. I strongly urge my colleagues to Today we have a choice to make. Do we, deployment to Iraq) join me in support of this resolution. CSM Leonard Amey as Representatives of the 9 million uninsured f kids in America, expand an effective program CPT Camella Andrews (second deployment to provide insurance to 10 million low-income to Iraq) INTRODUCTION OF OFFSHORE DE- kids? Or do we let rigid ideology and false ar- SP Tashaia Bedminster (second deployment FERRED COMPENSATION RE- guments stand in the way? to Iraq) FORM ACT OF 2007 MSG Hillis Benjamin f PFC Ronal Brewley HON. RAHM EMANUEL SSG Bernard Burke (second deployment to RECOGNIZING BILL MALARKEY OF ILLINOIS Iraq) LTC Patricia Charles, St. Croix IN THE HOUSE OF REPRESENTATIVES HON. ZACHARY T. SPACE CPT Nina Clarke-Brewley Monday, October 22, 2007 OF OHIO SGT Dwayne Degraff IN THE HOUSE OF REPRESENTATIVES Mr. EMANUEL. Madam Speaker, today I am SSG Susanatte Grosvenor introducing the Offshore Deferred Compensa- Monday, October 22, 2007 1LT Arthur Hector tion Reform Act of 2007, which would put an Mr. SPACE. Madam Speaker, I rise today to 1LT Josephine Hector-Murphy end to the practice of allowing unlimited honor Bill Malarkey of Greenfield, Ohio. This SP Hes Matthew amounts of income to be deferred offshore. SP Margaret Moore gentleman, a combat veteran of the Second Middle-class taxpayers that are saving for col- MSG Omodoso Muhammad World War, served on the front lines of battles lege or their retirement can’t avoid paying MAJ Brian O’Reilly, St. Croix taxes by deferring millions offshore. Congress that shaped the course of American history. I MAJ Sally Petty share his story to pay homage to his bravery, SFC Enrique Santos, St. Croix (second de- needs to reform the tax code to assure all and to remind Congress and fellow Americans ployment to Iraq) Americans that, regardless of their income, that true heroes walk among us every day. SP Crystal Testamark they are on a level playing field. This legisla- Mr. Malarkey was a member of the 147th SP Adasi Thomas tion takes an important step toward achieving Engineer Combat Battalion, C Company. His MAJ Gladys Turnbull that goal. unit was among the very first wave of fighters SP Mark Williams Either through ‘‘qualified’’ or ‘‘non-qualified’’ who stormed the now-infamous shores of SGT Oswald Williams deferral arrangements, taxpayers can defer Omaha Beach on D-Day in 1944. His efforts f paying taxes on their compensation. Most tax- helped establish the D1 Exit, a route to cap- payers make qualified deferrals, such as con- ture Vierville-sur-Mer, and a path to advance EXPRESSING THE SENSE OF THE tributions to 401(k) plans and Individual Retire- into Europe. Though he survived, many of Mr. HOUSE REGARDING WITH- ment Accounts (IRAs). Non-qualified deferred Malarkey’s compatriots perished in the fight. HOLDING OF INFORMATION RE- compensation arrangements are usually used Already a hero, Bill Malarkey went on to LATING TO CORRUPTION IN IRAQ by senior executives or other high-income tax- fight in the Battle of the Bulge. Though Allied payers who want to defer amounts in excess forces suffered heavy losses in this battle as SPEECH OF of the qualified plan or IRA limits. In contrast well, it ultimately proved our strength and re- HON. JOHN D. DINGELL to the contribution limitations that apply to solve. The Axis’ failure in this attack was a OF MICHIGAN 401(k) and IRA accounts, there are no limits turning point in the war and marked the last IN THE HOUSE OF REPRESENTATIVES on the amount that U.S. taxpayers can con- major offensive of Nazi forces. tribute to non-qualified deferred compensation After helping to secure victory for the United Tuesday, October 16, 2007 arrangements. States and Allied forces in World War II, Mr. Mr. DINGELL. Mr. Speaker, I voted against U.S. companies that offer non-qualified de- Malarkey returned home to southeast Ohio, the war in Iraq in part because I feared the ferred compensation plans to their employees

VerDate Aug 31 2005 06:46 Nov 20, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~1\2007NE~2\E22OC7.REC E22OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 22, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E2193 are unable to receive a tax deduction equal to compensation taxable immediately when the I ask all Members to join me today in hon- the amount deferred until the compensation is deferral arrangement is granted. However, be- oring the Glendale Public Library upon the received by the employee. This is a major fi- cause taxpayers should not be penalized for celebration of its One Hundredth Anniversary. nancial drawback to these arrangements and complying with current law, my legislation in- The entire community joins me in thanking the constitutes a significant safeguard against cludes an effective date that only affects com- Glendale Public Library for the outstanding their abuse. By contrast, foreign companies pensation earned, vested, and deferred after services that it has provided for California’s can locate in no-tax jurisdictions, provide de- 2007. 29th Congressional District. ferred compensation to their U.S. employees, Finally, the New York Times published a f and suffer no economic loss, since the tax de- story on April 17, 2007, entitled ‘‘Managers duction is not relevant when the employer Use Hedge Funds as Big I.R.A.’s.’’ The story HONORING BOB BALDRIDGE’S 40- does not have any tax liability. Accordingly, described the ability of hedge fund managers YEAR CAREER AT TSSAA there is a preference in the Code for U.S. tax- to defer unlimited amounts offshore, and con- payers to defer compensation in certain off- trasted this with the ability of middle-class tax- HON. BART GORDON shore jurisdictions since it provides a signifi- payers to defer up to $20,000 in a qualified OF TENNESSEE cant tax benefit to the employee without any plan, like a 401(k), and an IRA. While the New IN THE HOUSE OF REPRESENTATIVES tax disincentive to their offshore employer. York Times article focused on the ability of Monday, October 22, 2007 There is a fundamental inequity between hedge fund managers to use offshore deferral middle-class Americans who can defer up to arrangements, other types of industries could Mr. GORDON of Tennessee. Madam $15,500 of income into qualified plans, like a use foreign corporations based in no or low- Speaker, I rise today to congratulate Bob 401(k), and $4,000 into their IRAs, and higher- tax countries as vehicles for offshore deferred Baldridge on his retirement from the Ten- income taxpayers who can defer unlimited compensation. For this reason, my legislation nessee Secondary School Athletic Associa- amounts offshore. The Offshore Deferred does not single out investment firms, and ap- tion. Compensation Reform Act of 2007 seeks to plies broadly to any industry that might use Bob joined TSSAA 40 years ago and was rectify the inequity by eliminating the ability of this type of arrangement. given the task of developing the classification U.S. taxpayers to defer non-qualified deferred I look forward to working with my col- system used in high school sports in Ten- compensation in offshore tax havens. Under leagues, and specifically Senator KERRY who nessee. During his four decades with TSSAA, this legislation, individuals who currently take introduced the Senate version of this legisla- he has watched the landscape of high school advantage of such tax planning and who wish tion, to address this issue. sports change through developments such as to make offshore deferrals would be limited to f the introduction of the football playoff system making deferrals under qualified arrangements and the implementation of Title IX. which are subject to annual limitations. In this A TRIBUTE TO GLENDALE PUBLIC Bob’s job has led him across the State way, the legislation creates a level playing LIBRARY countless times, but the journeys have field for all U.S. taxpayers. changed over the years. There are probably The legislation specifies that offshore non- HON. ADAM B. SCHIFF few people in the State who share Bob’s per- qualified deferred compensation paid by a for- OF CALIFORNIA spective of how the landscape of Tennessee eign corporation will be taxable income when IN THE HOUSE OF REPRESENTATIVES has changed as interstates were built, towns there is no substantial risk of forfeiture to the blossomed, and school systems grew. Monday, October 22, 2007 compensation by the employee. A substantial After 40 years on the road, Bob has been risk of forfeiture exists where the receipt of Mr. SCHIFF. Madam Speaker, I rise today to a lot of games but hasn’t had much time to compensation is conditioned upon the future to pay special recognition to the Glendale actually watch them. Now, he can enjoy life as performance of substantial services in order to Public Library upon the celebration of its One a spectator and see games that are played receive that compensation. The Offshore De- Hundredth Anniversary. with an honesty and heart unique to high ferred Compensation Reform Act of 2007 is Services at the Glendale Public Library were school sports. not intended to prohibit a foreign deferred first provided in 1906 when the members of Bob, I have enjoyed your friendship over the compensation arrangement if the foreign cor- the Tuesday Afternoon Club, a social and phil- years, and I wish you all the best in your re- poration entering into the arrangement is sub- anthropic organization, raised money through tirement. ject to tax on substantially all of its income a series of lectures to fund a library collection. f and denied an immediate deduction for com- The library opened in a renovated poolroom pensation that is deferred. For purposes of the with seventy books, and became a municipal IN HONOR OF MEL MASON legislation, a foreign corporation would be any library the next year. The Central Library build- foreign corporation unless substantially all of ing opened in 1914 with the help of a grant HON. SAM FARR its income is effectively connected to a trade from the Andrew Carnegie Corporation. By OF CALIFORNIA or business in the United States or is subject 1923, the City’s 35,000 residents were bor- IN THE HOUSE OF REPRESENTATIVES to an income tax imposed by a foreign country rowing about 150,000 books a year. The Casa Monday, October 22, 2007 that has a comprehensive tax treaty with the Verdugo Branch was established in 1926 as United States, and a deduction is allowed for the library system’s second neighborhood li- Mr. FARR. Madam Speaker, I rise today to compensation under rules that are substan- brary and in that same year the Central Li- honor a great American, Mr. Mel Mason, on tially similar to the way in which the United brary building was enlarged to twice its origi- the occasion of his recognition by the Mon- States provides deductions for compensation. nal size. terey Peninsula Branch of the National Asso- In addition, the Secretary of the Treasury is Throughout its one hundred year tenure, the ciation for the Advancement of Colored People given authority to determine whether a foreign growing Glendale Public Library has been with its Stephen E. Ross award for community corporation that operates in a country without committed to serving the community from the service. I have known Mr. Mason for many a formal tax treaty with the United States can Library’s collections of almost 700,000 books, years. He has distinguished himself in so qualify for the exemption. over 25,000 music CDs and almost 14,000 many fields: as a mentor, an athlete, a public There are many different ways to structure movies. The library offers a large collection of servant, and most of all as an advocate for an offshore deferral arrangement. A non-English materials, particularly in Arme- justice. prototypical structure would be an executive nian, in order to better serve Glendale’s di- Mel was born on January 7, 1943 in the Ap- who elects to defer his or her year-end bonus verse community. Among its wide array of palachian coal mining town of Providence, KY. in an offshore investment fund for a period of services, the library comprises a Genocide As an African American, Mel suffered the full time—typically, five to ten years. Assuming it Memorial Collection, which it hopes will en- force of that community’s Jim Crow era seg- complies with the Code Section 409A require- courage research in this field. The Glendale regation, In 1956, Mel moved with his mother ments, the bonus and any associated earnings community has also greatly benefited from the to Seaside, CA. As a young man, Mel made would not be taxable until the end of the term technological advances at the Glendale Public a mark on the basketball court at both Mon- of the arrangement. These types of deferral Library. The addition of wireless Internet and terey High School and Monterey Peninsula arrangements comply with current law. But the ability to download literally thousands of College where he was the stand out basket- while they may be legal, they are not fair, and magazine and newspaper articles make the Li- ball star of his day. He still holds the MPC for this reason my legislation would change brary and its Web site—open 24 hours, seven scoring record. While serving in the Air Force, current law to make the offshore deferred days a week—valuable community resources he became the youngest basketball player to

VerDate Aug 31 2005 06:46 Nov 20, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~1\2007NE~2\E22OC7.REC E22OC7 mmaher on MIKETEMP with CONG-REC-ONLINE E2194 CONGRESSIONAL RECORD — Extensions of Remarks October 22, 2007 be named All-Air Force team and in 1964 led make this ban permanent so that Oklahoma’s soring numerous pieces of legislation in my all branches of the military in scoring in Eu- families can continue to stay connected to years in Congress, I will continue to fight for rope. After returning from the Air Force, Mel each other and use the Internet for edu- additional provisions in the law and funding for then attended Oregon State University for a cational, business, and recreational purposes. programs which will help the thousands of short time under a basketball scholarship. f women diagnosed each year. In the Air Force and then at OSU, Mel en- The statistics can be telling. Every three RECOGNIZING OCTOBER AS countered head on deep seated racism in his minutes, a woman is diagnosed with breast BREAST CANCER AWARENESS superior officers and coaches. Mel fought cancer and is the leading cause of death MONTH back, for which he paid a price. In 1965, his among women between the ages of 40 and complaints about his treatment in the Air 55. In fact, 1 out of every 98 women who live Force earned him a bad conduct discharge. In HON. DAVID SCOTT to the age of 85 will develop breast cancer in 1966, his complaints and actions at OSU over OF GEORGIA her lifetime. Unfortunately, all women are at its treatment of him and other black players IN THE HOUSE OF REPRESENTATIVES risk for breast cancer. About 90 percent of led to the loss of his scholarship and a ban on Monday, October 22, 2007 women who develop breast cancer have no Mel from playing basketball at any U.S. col- family history of breast cancer. Breast cancer lege. U.S. Senator Thomas Kuchel later Mr. SCOTT of Georgia. Madam Speaker, I is further the most common cancer among Af- helped Mel change his discharge to honorable rise today to acknowledge, celebrate and rican American women. It is true older women but the college ban stayed and Mel returned honor the thousands of women throughout the are more likely to develop breast cancer than to California. country who have been diagnosed, currently younger women. However, younger women These experiences truly fired Mel up and he fighting or have survived breast cancer. As the are still at risk for the disease and currently, became a burr under many saddles. He husband of a courageous wife who survived 250,000 women under the age of 40 have helped organize a Black Workers Unity Orga- this disease, I, as many others, have been af- breast cancer. Simply put, the disease can nization to fight racism at a San Jose com- fected personally. I understand the struggle, strike from an early to older age and additional pany where he worked. Back in Monterey pain and sometimes heartache it can inflict on research and awareness to this fact is of ut- County he organized a Black United Farm- the person diagnosed, in addition to family most importance. Mammograms may be nec- workers Union support committee during and friends. I believe we all have been af- essary earlier than was once thought and only UFW’s organizing efforts in the Salinas Valley fected by breast cancer in some way, whether additional research monies will help us deter- in the early 1970s. He helped organize the it is a spouse, daughter, mother or grand- mine if this is the case. As a father of two first anti-police brutality campaigns on the mother. Breast cancer really affects us all. young women, raising awareness and devel- Monterey Peninsula and has remained an ad- I whole-heartedly support additional funding oping more effective screening and diagnostic vocate for fair treatment for people of color for breast cancer research, screening and tools for this age group is vital to affording and the mentally ill by law enforcement agen- treatment programs. Too many women go them the same chances of survival. cies in his community. In the 1990s, Mel co- undiagnosed until it is too late. We must fur- We must also pay close attention to re- founded both the Regional Alliance for Pro- ther provide additional education and preven- search being conducted with regards to the gressive Policy and the Pro-Democracy Edu- tion programs to those women who slip environment and how it may affect the inci- cation Fund. In 2002, Mel began the first of through the cracks, especially those in low-in- dence of this disease. As a cosponsor of the two consecutive terms as President of the come communities, as a lot of these women Breast Cancer and Environmental Research Monterey Peninsula Branch of the NAACP. lack the health insurance coverage necessary Act, I believe authorizing grants for the devel- Throughout the early 1970s Mel was an ac- for annual mammograms. We could also save millions of tax dollars if we could detect this opment and operation of research centers re- tive member of the Black Panther Party, and garding environmental factors that may be re- later the Socialist Workers Party. He ran suc- disease sooner. The best way of surviving this devastating disease is early detection and pro- lated to the etiology of breast cancer could cessfully for a seat on the Seaside City Coun- yield miraculous results. There may very well cil where he championed programs for youth, grams which ensure the mammogram is fairly inexpensive and which will encourage more be parallels between the environment and this tenants, organized labor, and minorities. Mel devastating disease and any findings could later ran unsuccessfully as the SWP candidate women to be tested. I have recently joined with my fellow col- help derive new treatments and help thou- for California Governor and President of the sands survive. United States. leagues in signing a letter to the House De- Much of Mel’s work has been called subver- fense Appropriations Conferees urging them to Madam Speaker, I urge all Georgians to sive by many. Some of the organizations that recede to the Senate language that funds the take measures to protect and keep their he has been associated with over the years Department of Defense Peer-Reviewed Breast health. I encourage my constituents and their are not popular. While Mel may not have al- Cancer Research Program at $150 million for friends and family to be aware of measures ways made right argument, he has always ar- the Fiscal Year 2008. This important program that can be taken to improve their health and gued in the right way. He has taken unpopular was created 15 years ago and has proven to further prevent the incidence of this disease. ideas into the democratic process and so be highly successful and has become one of My goal in representing the 13th District of made our Nation a better democracy. Madam the most far-reaching and influential research Georgia has always been to be responsive to Speaker, I wish to extend the congratulations initiatives in the country. I believe any re- my constituents’ concerns and to ensure the of this House to Mr. Mel Mason for his search program that serves as a model inter- thoughts and views of all Georgians are heard achievements so far and our wishes for his nationally and has actually made critical in Congress. As a member of Congress, it is success in the future. breakthroughs resulting from its research is a my duty to help bring attention to issues my wise taxpayer investment; a small investment constituents deem significant, and breast can- f which yields big results. cer is one such issue. I join with countless PERSONAL EXPLANATION I have long been a passionate advocate for others this month to honor the inspiring breast cancer awareness and research. As a strength of breast cancer patients and the Georgia State Senator, I authored the Breast dedication of health professionals who care for HON. JOHN SULLIVAN Cancer Patient Protection law which gives them. Our inspiration is great: breast cancer OF OKLAHOMA breast cancer patients and their physicians the survivors who have won their fight, and the IN THE HOUSE OF REPRESENTATIVES right to determine their length of stay in the friends and families of those women who un- hospital and their level of medical treatment. fortunately did not. Almost everyone in Amer- Monday, October 22, 2007 Currently, the Breast Cancer patient Protection ica has been touched by this disease, and I Mr. SULLIVAN. Madam Speaker, I missed Act has vast bipartisan support and would re- believe we can work together to ensure in rollcall vote 968 to H.R. 3678 taken on Octo- quire health plans to provide coverage for a years to come, the incidence is lowered and ber 16, 2007. Had I been present for this vote, minimum hospital stay for mastectomies, we indeed find a cure. Again, I applaud the I would have voted ‘‘aye.’’ lumpectomies and lymph node dissection for brave individuals fighting this disease and the While I support this extension of the Internet the treatment of breast cancer. With my sup- medical professionals and oganizations who tax moratorium, simply extending the ban an- port, I am hopeful this legislation will move for- so intently dedicate their time to the cause. other four years is not enough. We need to ward during the 110th Congress. In cospon- God bless.

VerDate Aug 31 2005 06:46 Nov 20, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~1\2007NE~2\E22OC7.REC E22OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 22, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E2195 PAYING TRIBUTE TO WILLIAM exposed to lead products. Lead poisoning in make Americans and America’s communities LAUB, SR. children impacts brain function, resulting in re- safer. duced intelligence, learning difficulties, behav- This bill’s timeliness can be seen in a recent HON. JON C. PORTER ioral problems, and other health con- CBS News Poll that revealed 29 percent of OF NEVADA sequences. Fortunately, lead poisoning from Americans knew someone affected by Hurri- IN THE HOUSE OF REPRESENTATIVES paint in homes is 100 percent preventable. cane Katrina. As reported by CBS News, the The public needs better information about the comparable statistic from Hurricane Andrew in Monday, October 22, 2007 dangers of lead exposure. 1992 was barely half that—16 percent. This Mr. PORTER. Madam Speaker, I rise today This bill will help parents hire a certified risk report provides a clear metric of the extent to honor William Laub, Sr. who passed away assessor to determine if there is lead paint in that today’s Americans know and understand on October 14, 2007. their homes. With this vital information, par- how disaster can hurt a community. William Laub, Sr. was born on July 20, ents can determine how to keep their children This report also highlights the clear public 1924, and went on to live a legacy of service safe from lead poisoning. merit of the Safe Building Code Incentive Act at Southwest Gas and in his community. Wil- According to the Environmental Protection of 2007 which I introduce today. Building liam’s father Harold, along with three other Agency, EPA, over 300,000 American children codes strengthen and make safe the homes, partners began Southwest Gas during the De- ages 1–5 years have blood-lead levels greater businesses and places where our citizens pression. In 1964, William succeeded his fa- than the level recommended by the Centers work, play and live. They reflect the collective ther as Southwest Gas’ chief executive officer. for Disease Control, CDC, 10 micrograms of wisdom of design professionals, builders, and He retired in 1988 after serving as CEO for 24 lead per deciliter of blood. public safety officials who have sought to un- years, and as an employee for 40 years. In 2006, over 1,200 Baltimore children derstand and apply the lessons of past trage- In William’s time as CEO, Southwest Gas under the age of 6 had blood-lead levels equal dies. became a major tri-state utility and financial to or higher than the CDC recommended Building codes use a tried and true format services operation. Southwest Gas began as a level. That number has dropped significantly in to document the reasonable steps that can be small company with no more than three thou- recent years, but more must be done. taken while new construction is underway to sand customers in southeastern California and The Federal Government aims to eliminate protect our neighbors and their communities now provides retail natural gas service to childhood lead poisoning in the United States from risks that, because they can be foreseen, more than one million customers in California, as a major public health problem by the year can and should be minimized. These codes Arizona, and Nevada. William’s leadership and 2010. In order to achieve this goal, several are truly the ‘‘ounce of prevention’’ that is love of the company his father began was the Federal agencies including the EPA, the CDC, worth far more than any after-the-fact pound formula for continued success at Southwest and the Department of Housing and Urban of cure which must otherwise be borne by Gas. Development, HUD, are working together people and communities after they’ve suffered William Laub, Sr. was not only passionate through various grant programs to help indi- through a tragic loss of life, stability and treas- about Southwest Gas, but he also was pas- vidual citizens, non-profits, and the States in ured belongings and memories. sionate in his love of the community. In the their clean-up efforts. Where strong building codes are in place 1960’s he founded the Laub Foundation, and Non-profits around the country are actively and enforced, natural disasters are less likely as a tribute to his father he established the working with Federal and State Governments to be compounded by failures of preparation. Harold G. Laub Scholarship Program for chil- to educate the public about the harmful effects Today’s model building codes govern all as- dren of Southwest Gas employees. He was of lead exposure. One such organization pects of construction and help to protect also instrumental in getting the board of direc- based in Baltimore, the Coalition to End Child- homes and buildings from disasters such as tors to approve a 10-year grant of $250,000 to hood Lead Poisoning, has been working tire- hurricanes, tornadoes, earthquakes, flood, fire, the College of Arts and Letters for the Visual lessly to reach out, educate, and advocate on ice storms and other natural catastrophes. and Performing Arts at the University of Ne- behalf of children and their families impacted Strong building codes serve as the back- vada, Las Vegas. Additionally William served by lead exposure. Organizations such as the bone of a community’s preparedness against as the President of the Boulder Dam Area Coalition to End Childhood Lead Poisoning natural disasters. Council of Boy Scouts, Chairman of the Clark play an important role in efforts to eliminate As a Member of Congress my top priority County Republican Central Committee, Re- childhood lead poisoning in the next 3 years. has been public safety since taking office in publican National Committeeman, Chairman of In addition to the work done by non-profit 2005. My district, Sacramento, CA, is the most the Nevada Equal Rights Commission, and a organizations and federal and state agencies, at risk river city in the country for catastrophic member of the Board of Trustees at KNPR I am proposing a Federal tax credit for home- flooding. The city of Sacramento is located at Public Radio among other things. William was owners that would help offset the costs of the confluence of two major rivers, the Amer- also a Director Emeritus from the Claremont cleaning up lead paint in their homes. Today, ican and Sacramento. School of Theology from 1977–2004, and a I am introducing the Home Lead Safety Tax To a state like California, where we are ex- Trustee Emeritus of KNPR from 1996–2003. Credit Act of 2007, which would encourage periencing significant population growth, and Madam Speaker, I am proud to honor Wil- homeowners and landlords to remove lead especially to a growing region such as Sac- liam Laub, Sr. Throughout his lifetime he was from homes in order to decrease the number ramento, the building standards we incor- relentlessly committed to the advancement of of children who suffer from the effects of lead porate now will go a long way in providing a Southwest Gas and the community. He was a exposure. stable and safer future for our communities wonderful asset to Nevada and I send out my I hope that, through these combined efforts, and property owners. deepest sympathies to his family and friends. we will eliminate childhood lead poisoning by WHY WE NEED THE SAFE BUILDING CODE INCENTIVE ACT OF 2007 f 2010. f In the aftermath of the 2004 and 2005 hurri- RECOGNIZING NATIONAL LEAD canes, studies illustrate that the damages as- POISONING PREVENTION WEEK INTRODUCTION OF THE SAFE sociated with high winds could have been AND CHILDHOOD LEAD POI- BUILDING CODES ACT OF 2007 avoided or minimized by statewide adoption of SONING PREVENTION WEEK model building codes in the Gulf States. HON. DORIS O. MATSUI What has become increasingly apparent in HON. C.A. DUTCH RUPPERSBERGER OF CALIFORNIA the wake of Katrina and other natural disas- OF MARYLAND IN THE HOUSE OF REPRESENTATIVES ters that have struck our communities in re- IN THE HOUSE OF REPRESENTATIVES cent years is that the Federal Government and Monday, October 22, 2007 the private sector are paying billions for dis- Monday, October 22, 2007 Ms. MATSUI. Madam Speaker, I rise today aster relief and rebuilding of communities. Mr. RUPPERSBERGER. Madam Speaker, I to introduce the Safe Building Code Incentive Overwhelming evidence demonstrates the rise today to recognize this week, October 21– Act of 2007 with my colleague from Florida, adoption and enforcement of strong statewide 27, 2007, as National Lead Poisoning Preven- Representative MARIO DIAZ-BALART. building codes greatly reduce disaster-related tion Week and as Childhood Lead Poisoning The purpose for this legislation is to provide property damage and personal injuries while Prevention Week in the State of Maryland. incentives for States to adopt higher building providing more efficient economic develop- In recent decades, researchers have discov- code standards, which will ultimately help pre- ment and sustainable business operations ered the harmful effects for children who are serve property, promote public safety and after an event.

VerDate Aug 31 2005 06:46 Nov 20, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~1\2007NE~2\E22OC7.REC E22OC7 mmaher on MIKETEMP with CONG-REC-ONLINE E2196 CONGRESSIONAL RECORD — Extensions of Remarks October 22, 2007 For example, in January 2006, a Louisiana The benefit of stronger more up-to-date Church in Brooklyn, New York on its 330th State University, LSU, Hurricane Center study building codes is twofold. Anniversary. concluded that an estimated 65 percent reduc- The first benefit is by encouraging and pro- Dutch settlers formed the town of New tion in Katrina wind related damage to homes viding stronger building codes, our buildings Utrecht, one of the original five towns of in Louisiana could have been avoided if struc- are more likely to withstand higher impacts Brooklyn, in the mid 1600’s and eventually, tures had been built to current model building and therefore remain intact if a storm hits a under the authority of the Reformed Church in code standards. community. the Netherlands, established the New Utrecht Despite these benefits, most states have not The second benefit is that if a catastrophe Cemetery in 1654. These same settlers gath- enacted mandatory statewide building codes does devastate a community, by enacting ered as a congregation in 1677 under the and related inspection and enforcement meas- these stricter standards recovering commu- name of the Reformed Dutch Church of New ures for both commercial and residential struc- nities would be eligible for more Federal funds Utrecht Long Island, which is the fourth oldest tures. under my proposed legislation. congregation in Brooklyn. It was later renamed Additionally, where Statewide codes exist, it The best case scenario is that a community the New Utrecht Reformed Church, the name is not uncommon to allow individual jurisdic- will never be in a position to need these extra it carries to this day. tions, such as cities of a particular class, or funds. But by enacting stronger building codes The history of the church is detailed and counties, to deviate from the State standards, and encouraging more community plans we storied, including being seized and occupied occasionally resulting in a weakening of the are taking a positive and proactive step in that by the British during the Revolutionary War model minimum standards or to opt out of the direction. and used as a hospital. There is even a standards altogether, leaving areas within a In closing, as we reflect on the tragedy of weathervane that bears the bullet holes sus- State more vulnerable than others. Katrina and continue to rebuild the Gulf Coast tained during the Battle of Long Island. As a result, State standards for construction, region, we should also be viewing this as a The Church also provided care and assist- code-related inspection and enforcement vary time and an opportunity to rebuild a public pol- ance to the Continental Army and General widely across the country. icy that will serve the American taxpayer more Woodhull, who eventually died inside the hos- I am not typically a proponent of a one-size- efficiently as well as protect our communities pital. The Daughters of the American Revolu- fits all approach to public policy, but when it more effectively. tion have since raised a statue of General comes to public safety I believe it is important I ask my colleagues to support the Safe Woodhull on the grounds of the Church ceme- to set the standards high and for our commu- Building Code Incentive Act of 2007. tery. nities to meet these standards. f In 1783, when the British evacuated Brook- WHAT THE SAFE BUILDING CODE INCENTIVE ACT OF 2007 TRIBUTE TO TG MISSOURI lyn, the New Utrecht Reform Church was privi- WOULD DO CORPORATION leged to be the first location to have the Betsy Under the current authorities in the Stafford Ross flag flown over its grounds. To this day, Act, mitigation funds are generally available HON. JO ANN EMERSON the same liberty pole flies an American flag through two programs—the Hazard Mitigation nearly 224 years after the British evacuation. OF MISSOURI Grant Program and the Pre-Disaster Mitigation Not only did the New Utrecht Reform IN THE HOUSE OF REPRESENTATIVES Program. My legislation creates incentives Church play a vital role in the Revolutionary within each of these programs for States to Monday, October 22, 2007 War but also played an important role in the adopt and enforce the highest safety stand- Mrs. EMERSON. Madam Speaker, I rise Civil War by sponsoring Company H of the ards before disaster strikes. today to congratulate TG Missouri Corporation 14th New York Regiment of the Union Army. After a disaster strikes a community or State in Perryville, Missouri on its 20th anniversary. To this day, the lives of these brave Union sol- and the Federal Government provides disaster This is a true milestone for a company which diers are memorialized in the church’s spon- relief funding, States with an approved Mitiga- will continue to have a positive impact for sorship of the New York State Military Com- tion Plan are eligible to receive Hazard Mitiga- many years to come. pany H Brooklyn 14th Regiment re-enactment tion Grant Program funding equal to 15 per- Business operations such as TG Missouri’s troop. cent of the total Federal disaster relief spend- represent the cornerstone of Southern Mis- In 1910, the New Utrecht Reformed Church ing for that event. souri’s rural economy. In 20 short years, TG founded the oldest continuous Boy Scout Additionally, a State may elect to prepare a Missouri has created significant opportunities Troop in the nation; Troop 20 and its counter- more comprehensive Enhanced Mitigation by remaining committed to the best interests part, Cub Scout Pack 20. The congregation Plan which would qualify the State for addi- of the community, its customers and its em- continues its commitment to provide safe har- tional mitigation funding up to 20 percent of ployees. Perhaps most important, TG Missouri bor for our community’s youth through support the amount awarded for grants. Regardless of what the State mitigation plan has provided job opportunities to roughly 1200 of the scouting program and many other com- is, under the Safe Building Code Incentive Act highly skilled and very dedicated workers, be- munity events centered on the enrichment of of 2007 a State would be eligible for an addi- ginning as a company of just 35 people in children’s lives. Throughout its long history, New Utrecht tional 4 percent of Federal disaster relief 1987. TG Missouri understands that its strengths has opened its doors to new immigrants arriv- spending if it has adopted a mandatory State- come from its workforce. They have achieved ing on our shore: the Italian congregation in wide building code and has effective enforce- success by relying on the unique skills of each 1947; the Chinese congregation in the 1980’s; ment measures in place. However, if a State decides not to adopt a individual who is associated with the company. the Korean congregation in the early 1980’s mandatory Statewide building code, it will not I know that their success has been closely ob- and the Russian congregation in the 1990s. Madam Speaker, New Utrecht Reformed be penalized and would still be eligible to ob- served by others, and TG Missouri will serve Church has been a mainstay in the Brooklyn tain a minimum 15 percent of the post-disaster as an example of responsible and quality busi- community for 330 years and has impacted mitigation funding under the HMGP. ness practices for years to come. My legislation merely serves as an incentive Madam Speaker, it is a great privilege to the lives of countless individuals. On this for States to seek additional funding of 4 per- honor TG Missouri on 20 years of success. I 330th anniversary, I would like to honor the cent by adopting a mandatory Statewide build- am proud to express my congratulations today church for its contributions to the people of ing code and implementing effective enforce- in the U.S. House of Representatives on TG Brooklyn and to the United States with the ment measures. Missouri’s momentous anniversary and to wish hope of another 330 years to come. In addition, the Safe Building Code Incentive them many more years of success. f Act of 2007 will allow, as well as encourage, f INTRODUCTION OF THE State, local and tribal governments to use TRIBUTE TO THE NEW ULRECHT ‘‘BROADBAND CENSUS OF AMER- PDM funds to establish building code enforce- REFORMED CHURCH ICA ACT OF 2007’’ ment programs prior to the occurrence of a disaster, which helps States to begin stand- HON. VITO FOSSELLA HON. EDWARD J. MARKEY ardizing construction in previously unregulated OF NEW YORK OF MASSACHUSETTS areas. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES In my view, this funding is well placed. A lit- tle prevention will go a long way and in the Monday, October 22, 2007 Monday, October 22, 2007 case of disaster relief funding it can save the Mr. FOSSELLA. Madam Speaker, I rise Mr. MARKEY. Madam Speaker, I rise to in- taxpayers billions in recovery funds. today to honor the New Utrecht Reformed troduce the ‘‘Broadband Census of America

VerDate Aug 31 2005 06:46 Nov 20, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~1\2007NE~2\E22OC7.REC E22OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 22, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E2197 Act of 2007.’’ The legislation introduced today This is precisely what has happened in Ken- face with the recent nomination of Southwick. reflects the version of the bill as approved by tucky. ConnectKentucky has been a wildly Just look to Southwick’s controversial opin- the House Subcommittee on Telecommuni- successful effort and has demonstrated the ions. cations and the Internet less than two weeks palpable benefits to mapping broadband for In Richmond v. MS Dep’t of Human Serv- ago. The bill will continue to undergo refine- various public policy benefits. ices, a white employee was fired for using the ment in the Energy and Commerce Committee The risks of not developing national data will phrase ‘‘good ole nigger’’ toward an African- and my ongoing goal is to work toward a bi- undermine our goal of achieving a national American co-worker. When the white em- partisan, consensus bill. plan for universal, affordable broadband. This, ployee was fired, a hearing officer reinstated The objectives of this bill are two-fold. First, in turn, adversely affects consumers and com- the employee. In upholding the reinstatement, to gain a better assessment of how America is munities across the Nation. The benefits of the majority (which Southwick joined) con- doing in broadband service deployment and higher speeds, lower prices, and more choices cluded that using the phrase ‘‘good ole nigger’’ adoption, the bill will obtain information on the for broadband services include greater eco- was equivalent to calling the other employee types and speed of broadband service sub- nomic opportunity, job creation, worker pro- her ‘‘teacher’s pet.’’ This opinion was unani- scribers utilize and the extent of such adoption ductivity, access to health care and edu- mously reversed by the Mississippi Supreme for the residential and business market in cational resources, promotion of innovation, Court. And this is Bush’s No. 1 draft pick? areas at the 5-digit zip code level. Second, the and global competitiveness. Southwick’s rulings on race discrimination in bill will seek to develop a national, interactive Madam Speaker, I look forward to working jury selections are equally disturbing. In such map of broadband service availability for use with Energy and Commerce Committee Chair- cases there is a noticeable pattern of preju- by consumers. This map will help to identify man JOHN DINGELL, Ranking Member JOE dice. Southwick upheld claims that the de- areas of the country where service does not BARTON, Telecommunications and the Internet fense struck white jurors on the basis of their exist and also assist consumers in Subcommittee Ranking Member FRED UPTON, race while rejecting claims that the prosecu- ascertaining which broadband service pro- as well as my other House colleagues on this tion was racially motivated in striking African- viders are available in their neighborhood. bill as the process continues. American jurors. On one hand, Southwick al- I believe at this point there is growing con- f lows prosecutors to strike African-American ju- sensus—if not unanimity—around the fact that rors when the motivation is clearly racial, current data collection methods used by the U.S. SENATE CONFIRMATION OF McWilliams v. Mississippi, or when the pros- Federal Communications Commission (FCC) LESLIE SOUTHWICK ecution cites non-racial reasons for the strikes, are inadequate and highly flawed. Currently, Davis v. Mississippi. Yet, Southwick denies the FCC counts a single broadband subscriber HON. BENNIE G. THOMPSON the defenses warranted attempts to strike in a 5-digit zip code as indicating the entire zip OF MISSISSIPPI white jurors even when the defense uses the code has broadband availability, even if the IN THE HOUSE OF REPRESENTATIVES same non-racial reasons for the strikes, Webb sole subscriber is a business and not a resi- Monday, October 22, 2007 v. Mississippi. And this is the President’s No. dential consumer. This can lead to highly inac- 1 draft pick? curate and overly generous notions of actual Mr. THOMPSON of Mississippi. Madam The aforementioned cases exemplify sev- broadband availability and use, particularly in Speaker, I rise today to express my strong op- eral opportunities Southwick has had to make rural areas where zip codes are quite large. position to the nomination of Leslie Southwick, a judicious decision befitting such a high court In addition, under almost any set of meas- now being considered by the U.S. Senate. but failed to do so. urements, the United States lags other nations In an attempt, yet again, to place someone Such views must not be tolerated or encour- not only in availability and speed but also in for a lifetime seat on the Federal bench, which aged through a nomination to a lifelong post the value. The 50 Megabit per second service has traditionally been racially ignorant and in- representing the judicial integrity of our nation. in Japan, for instance, is available to Japa- sensitive towards civil rights, the President has By this nomination, the Administration is at- nese consumers for roughly $30. Here in the risen to the occasion and nominated Leslie tempting to reward judicious incompetence U.S., consumers typically pay $20 for about 1 Southwick. and great shortsightedness toward civil rights Megabit of service and $30 to 40 for roughly This will be his third nomination, of a Mis- issues. 4 Megabits of service. This legislation will task sissippian, to the Fifth Circuit since 2001. It’s almost as if the President believes that the FCC with identifying tiers of increasing However, none of his nominations aid in recti- Mississippi does not have any competent Afri- data transmission speeds, for both upstream fying the egregious problem with the lack of can-American lawyers. To think that a state and downstream attributes. These tiers will de- diversity on Mississippi’s Federal bench. overflowing with highly capable African-Amer- scribe existing broadband service capability Mississippi has the highest African-Amer- ican attorneys cannot fill this Mississippi seat deployed in the Nation and are designed to ican population, 37 percent, of any state in the is simply preposterous. the extent possible to correspond to a serv- country. In spite of the hundreds of African- Again, I express my sincere opposition to ice’s ability to support qualitatively different ap- American lawyers and judges in Mississippi, the nomination of Leslie Southwick to Mis- plications and services. Identifying such tiers there has never been an African-American, sissippi’s Fifth Circuit Court of Appeals. Mis- and the services which apply to them will en- nor any other minority from Mississippi, ap- sissippi needs a nominee who will not look to able policymakers to gauge the broadband pointed to represent Mississippi on the Fifth discourage or impede its growth, but instead, service speeds that are being subscribed to by Circuit Court of Appeals in the history of this support and empower Mississippi’s legacy. residential consumers and by small and large country. f businesses and will also allow for trends to be This is a fight worth having. The Fifth Circuit seen in such adoption over a period of time. has the highest percentage of minority resi- TRIBUTE TO HERBERT The lack of such information today leaves dents of any circuit. At the same time, its civil HENDERSON policymakers largely in the dark about the na- rights jurisprudence is far to the right. The re- ture and extent of broadband service deploy- cent events in Jena, LA, show the racism in HON. NICK J. RAHALL, II ment and adoption in urban, suburban, and the criminal justice system within the jurisdic- OF WEST VIRGINIA rural areas of the country. The state of knowl- tion of the Fifth Circuit. We cannot afford a IN THE HOUSE OF REPRESENTATIVES edge around the status of broadband services nominee hostile to civil rights on this or any in the United States directly affects the ability other Court. Monday, October 22, 2007 of policymakers to make sound decisions. For There is a history with this seat. The Presi- Mr. RAHALL. Madam Speaker, West Vir- instance, the Federal government can do a dent is intent on placing someone hostile to ginia recently lost an outstanding son, Herbert much better job in reforming multi-billion dollar civil rights in the Mississippi seat on this Henderson. Herb passed away last week, but grant and subsidy programs—whether at the Court. Charles Pickering and Michael Wallace today I rise to celebrate a life well lived and Rural Utilities Service or at the FCC—if we were nominated but couldn’t get confirmed be- to remember with fondness the accomplish- have better data on where we truly need to cause of their civil rights records. This is the ments of a remarkable man who, over his target government assistance. Similarly, third try by the Administration, and the pattern many years, was a torchbearer in the dual States can focus limited State resources for is very clear. causes of spreading equality and ensuring jus- economic assistance, computer adoption, and Instead of stepping up to the plate and tice. broadband promotion if ample and accurate nominating someone capable of delivering fair The unfortunate news of his passing has data is available indicating where such re- and impartial decisions on civil rights, the brought sadness to so many throughout West sources should be deployed. President has slapped Mississippians in the Virginia, including those who did not have the

VerDate Aug 31 2005 06:46 Nov 20, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~1\2007NE~2\E22OC7.REC E22OC7 mmaher on MIKETEMP with CONG-REC-ONLINE E2198 CONGRESSIONAL RECORD — Extensions of Remarks October 22, 2007 opportunity to meet Mr. Henderson but who Having visited Northern Ireland many times HONORING THE LIFE OF have come to benefit from his passionate sup- myself, both before and after the Good Friday SERGEANT JASON M. LANTIERI port of civil liberties. Agreement, I am very gratified that the peace Herb was preceded in death by his wife of process continues to move forward. HON. JOE COURTNEY 49 years, Maxine Henderson. He graduated Prior to joining the Northern Ireland Bureau, OF CONNECTICUT from Elkhorn High School in McDowell Coun- Tim was a manager with LEDU/Invest North- IN THE HOUSE OF REPRESENTATIVES ty, and from there he went on to attend West ern Ireland’s Eastern Local Office; founding Virginia State College until his graduation in member of the Belfast Peace and Reconcili- Monday, October 22, 2007 1953. After college, Herb served two tours in ation Partnership Board in 1994; a director of Mr. COURTNEY. Madam Speaker, I rise the United States Army before becoming the the Belfast Local Strategy Board; the East Bel- today to recognize the life and service of Army first African-American to attend George Wash- fast Partnership; and the First Stop Business Sergeant Jason M. Lantieri, a twenty-five year ington University School of Law. Upon gradua- Shop. Tim also worked on the West Belfast old young man from my district who died on tion from law school, he returned with his fam- and Greater Shankill Taskforces set up by October 10, 2007 while serving in Iraq. Family, ily to Huntington, WV, where he eventually be- Ministers and local politicians to address spe- friends and the Killingworth community gath- came senior partner in the law firm of Hender- cific issues of disadvantage in the community. ered last Thursday to honor, and say good- son, Henderson, and Staples. Madam Speaker, I know that all of my col- bye, to this special young man. From 1966 to 1986, Herb Henderson was leagues join me in wishing all the best to Tim, Jason was a bright, talented, and outgoing the West Virginia State President of the Na- his wonderful wife Lisa, and their sons Conor student-athlete at Haddam-Killingworth High tional Association for the Advancement of Col- and Rory as they return. School in Higganum, Connecticut. There, Ja- ored People (NAACP). He went on to serve as f son’s athletic abilities were undeniable as he General Counsel for the NAACP in 1984 and played on the school’s soccer, basketball, and again from 1989 through 1990. The mission of INTRODUCTION OF THE COMMER- baseball teams. In addition to his athletic the NAACP is to ensure political, educational, CIAL MOTOR VEHICLE AD- prowess, Jason’s commitment to his school social, and economic equality of rights of all VANCED SAFETY TECHNOLOGY and fellow classmates was solidified through persons and to eliminate racial hatred and ra- TAX ACT his active role in student council. cial discrimination. This was a mission that Following graduation in 2000, Jason en- Herb not only shared, but one that he also HON. RON LEWIS rolled in Western New England College in championed throughout his lifetime. OF KENTUCKY Springfield, Massachusetts. In subsequent For 49 years, Herb was an active member IN THE HOUSE OF REPRESENTATIVES years after earning his business degree, of the Ebenezer United Methodist Church, as Monday, October 22, 2007 Jason joined the Army and was assigned to well as a member of the National Council of the 725th Brigade Support Battalion of the the Churches of Christ in the U.S.A. and Mr. LEWIS of Kentucky. Madam Speaker, I 25th Infantry Division based in Fort Richard- Church World Service. He was a solid sup- rise to inform my colleagues of legislation I son, Alaska. During the next two years, he porter of West Virginia State University have co-authored with my colleague MIKE proudly, and bravely, served our Nation in (WVSU) and served as President of the Hun- THOMPSON (D–CA) to promote the installation Iraq. tington Chapter of the WVSU Alumni Associa- of proven advanced safety technology on On October 9, 2007, Jason was injured in a tion. heavy-duty vehicles. vehicle accident outside of Baghdad in He will be greatly missed by his family, in The Commercial Motor Vehicle Advanced Iskandaryah, Iraq. He passed away from his particular his four daughters and 10 grand- Safety Technology Tax Act (H.R. 3820) will injuries the next day. children, as well as, the community he served create a tax incentive for owners of heavy- Earlier this year, Jason was able to fulfill his so faithfully over these many years. My duty vehicles and the manufacturers of public passion for travel and adventure on a break thoughts and prayers are with the family of and school buses to purchase and install safe- from Iraq in Europe. He wrote about his trav- Herbert Henderson. I join with West Virginians ty systems proven to reduce accident rates. els, stating, ‘‘Europe is a great place to just in honoring his remarkable life and the legacy These include: live for the day and for the moment.’’ Although he left behind. Brake Stroke Monitoring System—A system I did not know Jason, it is clear to me that he f that monitors vehicle brakes to ensure they lived his life to the fullest, and made the world TRIBUTE TO TIM LOSTY, DIREC- are functioning properly; a better place for his family, friends and all TOR OF THE NORTHERN IRE- Lane Departure Monitoring System—A sys- those who knew him. LAND BUREAU tem that warns the driver when the vehicle Jason’s passing brings a profound sadness drifts into the wrong lane; to the southeastern Connecticut community. Collision Warning System—A system that His memory and contributions, however, will HON. DONALD M. PAYNE warns the driver if the vehicle is getting close OF NEW JERSEY live on in our hearts and minds. I ask my col- enough to another vehicle or object to cause IN THE HOUSE OF REPRESENTATIVES leagues to join with me in honoring Jason’s accident; life, his service and ultimate sacrifice to our Monday, October 22, 2007 Vehicle Stability System—A system that Nation, and offer condolences to his friends Mr. PAYNE. Madam Speaker, I would like to autocorrects the vehicle when there is a threat and family at this difficult time. ask my colleagues here in the United States of the vehicle rolling over. f House of Representatives to join me in hon- These technologies directly address the oring an outstanding friend of our Nation who most common causes of heavy-duty vehicle TRIBUTE TO STATE REPRESENTA- has served with distinction for the past few accidents as identified in a March 2006 report TIVE CHARLIE BROWN years as director of the Northern Ireland Bu- by the Federal Motor Carrier Safety Adminis- reau, Mr. Tim Losty, as he heads back to his tration. HON. PETER J. VISCLOSKY homeland. Specifically, large truck and bus owners who OF INDIANA During his tenure, Tim worked closely with purchase one or more of these systems would IN THE HOUSE OF REPRESENTATIVES members of Congress and others to strength- be eligible for a tax credit of up to $3,500 an- en the bond between our two nations at an nually, with a maximum of $1,500 per system. Monday, October 22, 2007 exciting but challenging time. He helped en- Owners of vehicle fleets would be eligible for Mr. VISCLOSKY. Madam Speaker, it is with sure that the U.S. continued to play a sup- a maximum credit of $350,000 per year. Man- great admiration and respect that I take this portive role as the changes brought about by ufacturers who sell large trucks or buses to time to recognize a dear friend and one of In- the historic Good Friday Agreement were im- nonprofit entities, like schools or city transit diana’s most distinguished citizens, State Rep- plemented. Americans have always felt a spe- authorities, would be eligible for the tax credit resentative Charlie Brown of Gary, IN. Since cial affinity with the people of Ireland and if they install the systems prior to vehicle deliv- 1982, Charlie has served as a member of the Northern Ireland because so many have roots ery. Indiana General Assembly. For his dedication there. In seeking our input and keeping us ad- The Commercial Motor Vehicle Advanced and countless efforts toward improving the vised of the economic, social, and political de- Safety Technology Tax Act will reduce cost lives of Indiana residents, Charlie will be hon- velopments in Northern Ireland, Tim gained barriers for these safety systems, improving ored at a reception hosted by the Lake County our respect and admiration. He will be greatly road safety and improving overall road safety. Medical Society on Wednesday, October 24, missed. I urge my colleagues to support this bill. 2007, at the Avalon Manor in Merrillville, IN.

VerDate Aug 31 2005 06:46 Nov 20, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~1\2007NE~2\E22OC7.REC E22OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 22, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E2199 Charlie Brown grew up in Philadelphia, PA. ness and his commitment to improving lives on their 10th Anniversary. Their tireless com- Following the completion of his undergraduate throughout Indiana serves as an inspiration to mitment and resilient efforts on behalf of our studies at Cheyney State Teachers’ College in us all, and I am proud to call him my friend. senior citizens is a model that we can all fol- Cheyney, PA, Charlie relocated to Gary, IN, low not just in East Harlem, but around the f where he began his lifelong career in public nation. service. After serving as an educator in the PAYING TRIBUTE TO ‘‘LINKAGE f Gary Community School Corporation from HOUSE’’ ON THEIR 10TH ANNI- 1961 to 1968, Charlie took on several new VERSARY HONORING ARTHUR (ART) B. roles within his community. From 1968 to MODELL 1988, Charlie served in many capacities in the HON. CHARLES B. RANGEL City of Gary, including: Youth Coordinator, HON. C.A. DUTCH RUPPERSBERGER OF NEW YORK Mayor’s Assistant on Youth Activities, Director OF MARYLAND IN THE HOUSE OF REPRESENTATIVES of the Youth Services Bureau, Affirmative Ac- IN THE HOUSE OF REPRESENTATIVES tion Officer and Risk Manager. Monday, October 22, 2007 Monday, October 22, 2007 In 1988, following many years of service as a public official, Charlie went on to utilize his Mr. RANGEL. Madam Speaker, today I rise Mr. RUPPERSBERGER. Madam Speaker, I vast experience and knowledge of health care- to ask my colleagues to take a moment to rise before you today to honor Arthur (Art) B. related issues by accepting the position of honor one of my local institutions, Linkage Modell, longtime franchise owner in the Na- Chief Executive Officer of the Gary Commu- House Home for the Elderly, for 10 years of tional Football League (NFL) and humani- nity Mental Health Center. Charlie served in outstanding service. tarian. Art Modell was born on June 23, 1925, this capacity until 1993. Currently, Charlie Linkage House is the result of a shared vi- in Brooklyn, New York. His father died when serves as a consultant, where he provides sion of four local East Harlem organizations: he was 15, and Art dropped out of high school guidance to organizations seeking to foster the Greater Emmanuel Baptist Church, Union to work and help support his family. He com- positive interaction between the government Settlement Association, the Community Asso- pleted high school by attending night classes and the community. ciation of East Harlem Triangle, and Mount and later joined the Air Force and fought in Though Charlie has always put people first Sinai Medical Center. That vision recognized World War II. After the war, Art built a suc- in every position he has held, it is through his that the ability to stay in one’s home—or cessful career in advertising and television efforts as an elected official that he has made ‘‘aging in place’’—is the overwhelming choice production in New York City. an indelible mark on the progress and future of many older Americans. However, to do so, In 1961, he purchased the Cleveland in Indiana. First elected to the Indiana General these venerable residents need assistance Browns, a National Football League team. Assembly as a member of the Indiana House from informal support systems, access to for- Modell was not a traditional owner in the Na- of Representatives in 1982, Charlie has al- mal health services & social services, and tional Football League. He believed that the ways been a true champion of improving meaningful, productive roles integrated within owner should play an active role in the every- health care in Indiana for all residents. As a an affordable living environment. day affairs of the team. Modell succeeded in member of the Indiana State House, Charlie Opening in May 1997 at 309 East 118th creating a strong team. The team won the has served on several committees, most nota- Street, the institution was the result of nine NFL championship in 1964 and four division ti- bly, the Standing Committee on Public Health. years of planning and organizing by a number tles between 1965 and 1969. As both a member and Chairman of this cru- a people. Under the leadership of Dr. Robert At the end of the 1995 season, Modell sur- cial committee, Charlie has fought tirelessly to Butler and Dr. Gary Rosenberg, funds and prised the city of Cleveland and excited fans improve health care in Indiana. When it comes technical assistance were found to design and in Maryland when he moved his team to Balti- to health care, Charlie has always had one implement the project. Union Settlement, more, Maryland. The city of Cleveland re- goal in mind: To provide affordable, acces- under the leadership at that time of Eugene tained the rights to the Browns’ name, and sible, and high-quality health care for all Indi- Sklar, provided invaluable experience in de- Modell renamed his organization the Baltimore ana citizens. signing and implementing services for older Ravens. The move brought an NFL team back Throughout his illustrious career, Charlie people living in the community. Community ac- to Baltimore for the first time in 12 years since has been recognized with many distinguished tivist Petra Allende, Union Settlement Associa- the Colts left for Indianapolis in the middle of awards by numerous organizations. To name tion’s Sally Yarmolinksy and Mount Sinai’s the night, and in 2000, a Super Bowl victory a few, Charlie has received accolades from: Glenn Williams—all of them members of the for the Ravens. During his 46 years in the the National Association for Equal Opportunity original Linkage House Board and who have NFL, Art was the leader of the NFL’s tele- in Higher Education, Indiana University North- unfortunately since passed away—were also vision negotiations and was an early advocate west, the Alzheimer’s Association of Indiana, vital to making this project a reality. of the league’s revenue sharing policy. the Indiana Council of Community Mental Today, Linkage House stands as a testa- Art Modell is almost as famous for his hu- Heath Centers, the Mental Health Association ment to hard work and commitment of all manitarian contributions off the football field as of Indiana, the American Federation of Labor these men and women. It encourages social- he is for his role on the field. Art and his fam- and Congress of Industrial Organizations ization and shared activities, providing a cross ily have made donations to Kennedy Krieger (AFL–CIO), the Indiana Optometric Associa- section of comprehensive and integrated serv- Institute, Baltimore Symphony Orchestra, Wal- tion, the Indiana Black Expo, the Calumet ices that include an on-site full time social ters Art Gallery, Baltimore Museum of Art, Council of the Boy Scouts of America, and the work services coordinator, resident- developed House of Ruth, Hospice of Baltimore, Ed National Association for the Advancement of shared living spaces and an on-site physical Block Courage House at St. Vincent’s and the Colored People (NAACP). exercise room that offers aerobics, Tai Chi, recent restoration of the Basilica of the As- Though Charlie has received many es- and walkings programs. sumption, all in Baltimore and surrounding teemed honors for his commitment to the resi- Linkage House is also a laboratory for learn- areas. He currently chairs a $100 million fund dents of Indiana, Charlie’s greatest source of ing. It is the site for Union Settlement’s GED drive that will help build a new cardiovascular pride is his family. Charlie and his wife, An- classes, a social work student internship site, tower for the Heart Institute at Johns Hopkins gela Baker Brown, are the proud parents of and a community based education site for fed- Hospital, and with his wife Pat contributed $10 one daughter, Charlisa L. Scott, and two ador- erally funded Geriatric Education Center million to the project themselves. ing grandsons, Landon Charles Douglas Scott (GEC) that trains community providers of serv- Madam Speaker, I ask that you join with me and Cole Nathaniel Scott. ice to older adults. The ‘‘Meet the Doctor’’ pro- today to honor Arthur (Art) B. Modell. His leg- Madam Speaker, I respectfully ask that you gram provides interaction between physicians acy as a pioneer in the National Football and my other distinguished colleagues join me who are Geriatric Fellows, Internal Medicine League and his lifetime devotion to the sport in honoring State Representative Charlie residents, and older adults. Medical student of professional football are matched only by Brown for his outstanding devotion to his com- studies and surveys of the use of complemen- his support of humanitarian and community munity and to the people of Indiana. His un- tary and alternative medicine by older adults foundations. It is with great pride that I con- selfish and lifelong dedication to improving are also conducted here. gratulate Art Modell on his stellar and exem- health care for Indiana residents is worthy of That is why I am more than happy to con- plary career in professional sports in the the highest commendation. Charlie’s selfless- gratulate Linkage House Home for the Elderly United States of America.

VerDate Aug 31 2005 06:46 Nov 20, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~1\2007NE~2\E22OC7.REC E22OC7 mmaher on MIKETEMP with CONG-REC-ONLINE E2200 CONGRESSIONAL RECORD — Extensions of Remarks October 22, 2007 HONORABLE BILL ANOATUBBY and I congratulate him on being inducted into 1:30 p.m. GOVERNOR OF THE CHICKASAW East Central University’s Hall of Governors. Judiciary NATION To hold hearings to examine the role of federally-funded university research in SENATE COMMITTEE MEETINGS the patent system. HON. TOM COLE Title IV of Senate Resolution 4, SD–226 OF OKLAHOMA agreed to by the Senate on February 4, 1:45 p.m. Foreign Relations IN THE HOUSE OF REPRESENTATIVES 1977, calls for establishment of a sys- Business meeting to consider the nomi- Monday, October 22, 2007 tem for a computerized schedule of all nations of Henrietta Holsman Fore, of Mr. COLE of Oklahoma. Madam Speaker, it meetings and hearings of Senate com- Nevada, to be Administrator of the is my privilege today to rise in recognition of mittees, subcommittees, joint commit- United States Agency for International a good friend of mine, the Governor of the tees, and committees of conference. Development, Robin Renee Sanders, of Chickasaw Nation, Governor Bill Anoatubby. This title requires all such committees New York, to be Ambassador to the to notify the Office of the Senate Daily Federal Republic of Nigeria, Barry On October 26, 2007, East Central University Leon Wells, of Ohio, to be Ambassador will induct Governor Anoatubby into its Hall of Digest—designated by the Rules com- mittee—of the time, place, and purpose to the Republic of The Gambia, Mark Governors; he is only the fourth individual to M. Boulware, of Texas, to be Ambas- receive such a prestigious recognition. He of the meetings, when scheduled, and sador to the Islamic Republic of Mauri- joins former U.S. Senator and former Gov- any cancellations or changes in the tania, James D. McGee, of Florida, to ernor Robert S. Kerr; former Oklahoma Su- meetings as they occur. be Ambassador to the Republic of preme Court Justice, former U.S. Senator, and As an additional procedure along Zimbabwe, Ronald K. McMullen, of former Governor Ernest McFarland; and with the computerization of this infor- Iowa, to be Ambassador to the State of mation, the Office of the Senate Daily Eritrea, P. Robert Fannin, of Arizona, former Governor George Nigh. Reflecting to be Ambassador to the Dominican upon the caliber of these individuals who have Digest will prepare this information for printing in the Extensions of Remarks Republic, Christopher Egan, of Massa- contributed so much to the State of Oklahoma, chusetts, to be Representative of the I know Governor Anoatubby truly appreciates section of the CONGRESSIONAL RECORD United States of America to the Orga- the honor he is being given and that he so on Monday and Wednesday of each nization for Economic Cooperation and richly deserves. week. Development, with the rank of Ambas- Madam Speaker, graduating from East Cen- Meetings scheduled for Tuesday, Oc- sador, Louis John Nigro, Jr., of Flor- tral University in 1972 was merely the begin- tober 23, 2007 may be found in the Daily ida, to be Ambassador to the Republic ning, because from that day forward Governor Digest of today’s RECORD. of Chad, David T. Johnson, of Georgia, to be an Assistant Secretary of State Anoatubby has worked tirelessly to make (International Narcotics and Law En- Oklahoma a better State and the Chickasaws MEETINGS SCHEDULED forcement Affairs), Paul E. Simons, of of Oklahoma a more prosperous people. His OCTOBER 24 Virginia, to be Ambassador to the Re- passion to this end is reflected in the litany of public of Chile, Gail Dennise Mathieu, 9:30 a.m. of New Jersey, to be Ambassador to the civic and community activities, affiliations, Foreign Relations Republic of Namibia, Dan Mozena, of leadership roles, awards and honors contained African Affairs Subcommittee Iowa, to be Ambassador to the Repub- in his biography. To hold hearings to examine the United lic of Angola, Eunice S. Reddick, of But Madam Speaker, the Governor’s im- States role in consolidating peace and New York, to be Ambassador to the democracy in the Great Lakes region. pressive resume aside, I am honored today to Gabonese Republic, and to serve con- SD–419 recognize this award on the floor of the United currently and without additional com- Agriculture, Nutrition, and Forestry States House of Representatives because I pensation as Ambassador to the Demo- Business meeting to markup the 2007 am a member of the Chickasaw Nation and I cratic Republic of Sao Tome and Prin- Farm Bill. cipe, Daniel V. Speckhard, of Wis- have witnessed the Governor achieve amaz- SR–328A consin, to be Ambassador to Greece, ing things for our tribe, for the State of Okla- Veterans’ Affairs Thomas F. Stephenson, of California, homa, and for tribes across the country. The To hold hearings to examine pending leg- Governor has presided over the Renaissance islation. to be Ambassador to the Portuguese Republic, Vincent Obsitnik, of Vir- of the Chickasaw Nation by focusing on in- SD–562 10 a.m. ginia, to be Ambassador to the Slovak creasing economic development, expanding Republic, William H. Frist, of Ten- health coverage, improving education, and Commerce, Science, and Transportation To hold hearings to examine the future nessee, to be a Member of the Board of preserving and reviving the tribe’s cultural and of radio. Directors of the Millennium Challenge historical heritage so important for our future SR–253 Corporation, George E. Pataki, of New vitality and self-identity. Homeland Security and Governmental Af- York, to be a Representative of the But Governor Anoatubby’s accomplishments fairs United States of America to the Sixty- do not stop there, Madam Speaker. He not To hold hearings to examine ways to second Session of the General Assem- only fulfills his duties as the leader of the build an effective terrorist screening bly of the United Nations; to be imme- system. diately followed by an open hearing to Chickasaw Nation, but has become one of the examine issues relative to the global most respected Native American leaders in SD–342 Judiciary fight against HIV/AIDS. the country. He understands the unique status To hold hearings to examine the nomina- SD–419 of tribes, and as such, he recognizes the tions of Ronald Jay Tenpas, of Mary- 2 p.m. unique opportunities available not only at a land, to be an Assistant Attorney Gen- Banking, Housing, and Urban Affairs state level, but nationally and internationally eral, Joseph N. Laplante, to be United Securities, Insurance and Investment Sub- for tribal development and prosperity. He has States District Judge for the District committee an unequaled willingness to reach out and of New Hampshire, Reed Charles O’Con- To hold hearings to examine inter- national accounting standards, focus- make partnerships between tribes and busi- nor, to be United States District Judge for the Northern District of Texas, ing on opportunities, challenges, and nesses, institutions, organizations, and other Thomas D. Schroeder, to be United global convergence issues. governments. States District Judge for the Middle SD–538 Madam Speaker, Governor Anoatubby pro- District of North Carolina, and Amul 2:30 p.m. foundly understands that neither the Chicka- R. Thapar, to be United States District Environment and Public Works saw Nation nor the State of Oklahoma can Judge for the Eastern District of Ken- Private Sector and Consumer Solutions to thrive independently of one another. He has tucky. Global Warming and Wildlife Protec- demonstrated time and time again that work- SD–226 tion Subcommittee To hold hearings to examine S. 2191, to ing together, the two can bring remarkable 10:30 a.m. Aging direct the Administrator of the Envi- benefits to all Oklahomans, native and non-na- To hold hearings to examine hidden 401K ronmental Protection Agency to estab- tive alike. Simply put, Madam Speaker, Gov- fees, focusing on ways that disclosure lish a program to decrease emissions of ernor Anoatubby has changed the way people can increase retirement security. greenhouse gases. live in the State of Oklahoma for the better, SD–628 SD–406

VerDate Aug 31 2005 06:46 Nov 20, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\E22OC7.REC E22OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 22, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E2201 OCTOBER 25 Environment and Public Works NOVEMBER 1 9:30 a.m. Transportation Safety, Infrastructure Se- 10 a.m. Commerce, Science, and Transportation curity, and Water Quality Sub- Health, Education, Labor, and Pensions committee Interstate Commerce, Trade, and Tourism To hold hearings to examine the nomina- To hold an oversight hearing to examine Subcommittee tions of Gregory F. Jacob, of New Jer- the effectiveness of federal drunk driv- sey, to be Solicitor, and Howard To hold hearings to examine sweatshop ing programs. conditions in the toy industry in SD–406 Radzely, of Maryland, to be Deputy China. 2:30 p.m. Secretary, both of the Department of SR–253 Homeland Security and Governmental Af- Labor. 10 a.m. fairs SD–430 Finance Federal Financial Management, Govern- To hold hearings to examine small busi- ment Information, Federal Services, NOVEMBER 7 ness health insurance, focusing on and International Security Sub- 9:30 a.m. building a gateway to coverage. committee Veterans’ Affairs SD–215 To hold hearings to examine single au- To hold an oversight hearing to examine Judiciary dits, focusing on a recent study on the the performance and structure of the Business meeting to consider S. 1946, to potential impacts that implementing United States Court of Appeals for Vet- help Federal prosecutors and investiga- certain recommendations could have to erans. tors combat public corruption by help ensure that federal funds are safe- SD–562 guarded. strengthening and clarifying the law, 10 a.m. SD–342 S. Res. 347, designating May 2008 as Rules and Administration Intelligence ‘‘National Be Bear Aware and Wildlife To hold closed hearings to examine cer- To hold hearings to examine the Govern- Stewardship Month’’, S. Res. 346, ex- tain intelligence matters. ment Accountability Office report fo- pressing heartfelt sympathy for the SH–219 cusing on funding challenges and facili- victims of the devastating thunder- ties maintenance at the Smithsonian storms that caused severe flooding dur- OCTOBER 31 Institution. ing August 2007 in the States of Illi- 9:30 a.m. SR–301 nois, Iowa, Minnesota, Ohio, and Wis- Veterans’ Affairs consin, and the nominations of John To hold an oversight hearing to examine POSTPONEMENTS Daniel Tinder, of Indiana, to be United the Uniformed services Employment States Circuit Judge for the Seventh and Reemployment Rights Act OCTOBER 24 Circuit, and Julie L. Myers, of Kansas, (USERRA). to be Assistant Secretary of Homeland SD–562 5 p.m. Security. 10 a.m. Intelligence SD–226 Commerce, Science, and Transportation To hold a closed conference to examine To hold hearings to examine universal the fiscal year 2008 Intelligence Au- telephone service. thorization bill. SR–253 S–407, Capitol

VerDate Aug 31 2005 06:46 Nov 20, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\E22OC7.REC E22OC7 mmaher on MIKETEMP with CONG-REC-ONLINE Monday, October 22, 2007 Daily Digest Senate reduce the hearing backlog for disability claims at Chamber Action the Social Security Administration and the Social Se- Routine Proceedings, pages S13169–S13203 curity Administration’s current and planned initia- Measures Introduced: Three bills and one resolu- tives to improve disability process. Pages S13178–79 tion were introduced, as follows: S. 2213–2215, and Harkin (for Burr/Gregg) Amendment No. 3434 S.J. Res. 22. Page S13193 (to Amendment No. 3325), to develop biodefense medical countermeasures by fully funding the Bio- Measures Reported: medical Advanced Research and Development Au- Report to accompany S. 680, to ensure proper thority (BARDA) in a fiscally responsible manner oversight and accountability in Federal contracting. Pages S13178–79 (S. Rept. No. 110–201) Harkin (for Voinovich) Amendment No. 3405 (to H.R. 1254, to amend title 44, United States Amendment No. 3325), to provide for the Govern- Code, to require information on contributors to Pres- ment Accountability Office to submit a report to idential library fundraising organizations, with Congress on the process for hiring and managing ad- amendments. (S. Rept. No. 110–202) ministrative law judges. Pages S13178–79 S. 2035, to maintain the free flow of information Harkin (for Durbin/Bunning) Amendment No. to the public by providing conditions for the feder- 3411 (to Amendment No. 3325), to permit certain ally compelled disclosure of information by certain amounts to be used for grants to Federal commis- persons connected with the news media, with sions that support museum and library activities. Page S13193 amendments. Pages S13178–79 Measures Considered: By 88 yeas to 3 nays (Vote No. 382) Menendez/ Labor/HHS/Education Appropriations Act: Hutchison Amendment No. 3347 (to Amendment Senate resumed consideration of H.R. 3043, making No. 3325), to provide funding for the activities appropriations for the Departments of Labor, Health under the Patient Navigator Outreach and Chronic and Human Services, and Education, and related Disease Prevention Act of 2005. agencies for the fiscal year ending September 30, Pages S13172, S13179–80 2008, taking action on the following amendments Harkin (for Tester) Amendment No. 3378 (to proposed thereto: Pages S13172–89 Amendment No. 3325), to provide additional fund- Adopted: ing for veterans employment and training for Federal Dorgan/Conrad Modified Amendment No. 3335 management activities. Page S13180 (to Amendment No. 3325), to increase funding for Harkin (for Reed) Modified Amendment No. the State Heart Disease and Stroke Prevention Pro- 3432 (to Amendment No. 3325), to provide funding gram of the Centers for Disease Control and Preven- for trauma care. Page S13180 tion. Pages S13172, S13178–79 Harkin (for Cantwell) Modified Amendment No. Harkin (for Obama/Durbin) Amendment No. 3377 (to Amendment No. 3325), to provide funds 3331 (to Amendment No. 3325), to provide that for allied health professional programs. Page S13180 none of the funds appropriated or otherwise made Brown/Webb Amendment No. 3361 (to Amend- available by this Act may be used to enter into a ment No. 3325), to provide information to schools contract in an amount greater than $5,000,000 or to relating to the prevention of violent events and other award a grant in excess of such amount unless the crisis situations. Pages S13173, S13183–84 prospective contractor or grantee makes certain cer- Harkin (for Cornyn) Modified Amendment No. tifications regarding Federal tax liability. 3427 (to Amendment No. 3325), to express the Pages S13178–79 sense of the Senate that funds be used for the fre- Harkin (for Snowe) Amendment No. 3419 (to quent hemodialysis clinical trials at the National In- Amendment No. 3325), to provide for a study to stitute of Diabetes and Digestive and Kidney Dis- evaluate the Social Security Administration’s plan to eases. Pages S13183–84 D1392

VerDate Aug 31 2005 04:45 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D22OC7.REC D22OCPT1 cnoel on PRODPC60 with DIGEST_CN October 22, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D1393 Harkin (for Cornyn) Modified Amendment No. Roberts Amendment No. 3365 (to Amendment 3379 (to Amendment No. 3325), to increase fund- No. 3325), to fund the small business child care ing for Community-Based Job Training grants, grant program. Page S13172 which strengthen the role of community and tech- Coburn Amendment No. 3358 (to Amendment nical colleges in training workers. Pages S13183–84 No. 3325), to require Congress to provide health Harkin (for Baucus) Modified Amendment No. care for all children in the U.S. before funding spe- 3344 (to Amendment No. 3325), to allocate funds cial interest pork projects. Page S13172 to the Center for Asbestos Related Disease (CARD) Chambliss Modified Amendment No. 3391 (to Clinic in Libby, Montana. Pages S13183–84 Amendment No. 3325), to provide for a declaration Rejected: of a public health emergency with respect to Sumter Allard Amendment No. 3369 (to Amendment County, Georgia. Page S13174 No. 3325), to reduce the total amount appropriated Cardin Amendment No. 3400 (to Amendment to any program that is rated ineffective by the Office No. 3325), to provide support to Iraqis and Afghans of Management and Budget through the Program who arrive in the United States under the Special Assessment Rating Tool (PART). (By 68 yeas to 21 Immigrant Visa program. Pages S13181–82 nays (Vote No. 381), Senate tabled the amendment.) Landrieu Amendment No. 3446 (to Amendment Pages S13172, S13174, S13176–78, S13179 No. 3325), relative to the Elementary and Secondary Withdrawn on Friday, October 19, 2007: School Counseling program. Pages S13182–83 Cornyn Amendment No. 3381 (to Amendment A unanimous-consent-time agreement was reached No. 3325), to provide for the continuing review of providing for further consideration of the bill at ap- unauthorized Federal programs and agencies and to proximately 10:00 a.m., on Tuesday, October 23, establish a bipartisan commission for the purpose of 2007, and that Senator Enzi be recognized to pro- improving oversight and eliminating wasteful Gov- pose Amendment No. 3437 (to Amendment No. ernment spending. 3325), that there be 30 minutes of debate equally Withdrawn on Monday, October 22, 2007: divided and controlled in the usual form, and that Reed Amendment No. 3360 (to Amendment No. upon the use or yielding back of time, the amend- 3325), to provide funding for the trauma and emer- ments be temporarily set aside and that Senator gency medical services programs administered DeMint be recognized to propose Amendment No. through the Health Resources and Services Adminis- 3387 (to Amendment No. 3325), that there be 20 tration. Pages S13172, S13180 minutes of debate equally divided and controlled in Pending: the usual form, and that upon the use or yielding Harkin/Specter Amendment No. 3325, in the na- back of time, the amendments be temporarily set aside, and Senate resume consideration of Roberts ture of a substitute. Page S13172 Amendment No. 3365 (to Amendment No. 3325) Vitter Amendment No. 3328 (to Amendment No. (listed above), that there be 10 minutes of debate 3325), to provide a limitation on funds with respect equally divided and controlled in the usual form and to preventing the importation by individuals of pre- that upon the use or yielding back of time, Senate scription drugs from Canada. Page S13172 resume consideration of Coburn Amendment No. Dorgan Amendment No. 3345 (to Amendment 3358 (to Amendment No. 3325) (listed above), that No. 3325), to require that the Secretary of Labor re- there be 20 minutes of debate equally divided and port to Congress regarding jobs lost and created as controlled prior to a vote, and that upon the use or a result of the North American Free Trade Agree- yielding back of time, Senate return to Enzi Amend- ment. Pages S13172, S13174 ment No. 3437 and vote on or in relation to the Ensign Amendment No. 3342 (to Amendment amendment, that Senate then resume consideration No. 3325), to prohibit the use of funds to admin- of DeMint Amendment No. 3387, and vote on or ister Social Security benefit payments under a total- in relation to the amendment; provided further, that ization agreement with Mexico. Page S13172 Senate then vote on or in relation to Roberts Ensign Amendment No. 3352 (to Amendment Amendment No. 3365 (listed above), and that Sen- No. 3325), to prohibit the use of funds to process ate then vote on or in relation to Coburn Amend- claims based on illegal work for purposes of receiv- ment No. 3358 (listed above); provided further, that ing Social Security benefits. Page S13172 there be 2 minutes of debate equally divided prior Lautenberg/Snowe Amendment No. 3350 (to to each vote, and that there be no second-degree Amendment No. 3325), to prohibit the use of funds amendments in order prior to the vote; provided fur- to provide abstinence education that includes infor- ther, that after the first vote, the vote time be lim- mation that is medically inaccurate. Page S13172 ited to 10 minutes per vote. Page S13189

VerDate Aug 31 2005 04:45 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D22OC7.REC D22OCPT1 cnoel on PRODPC60 with DIGEST_CN D1394 CONGRESSIONAL RECORD — DAILY DIGEST October 22, 2007 Appointments: Message from the President: Senate received the Advisory Committee on Student Financial As- following message from the President of the United sistance: The Chair, on behalf of the President pro States: tempore, pursuant to Public Law 99–498, re- Transmitting, pursuant to law, a report relative to appointed the following individual as a member of the issuance of an Executive Order to expand the the Advisory Committee on Student Financial As- scope of the national emergency relative to the Gov- ernment of Burma, as received during adjournment sistance: Clare Cotton of Massachusetts. Page S13203 of the Senate on October 19, 2007; which was re- United States Commission on International Re- ferred to the Committee on Banking, Housing, and ligious Freedom: The Chair, on behalf of the Presi- Urban Affairs. (PM–29) Pages S13191–92 dent pro tempore, upon the recommendation of the Executive Communications: Pages S13192–93 Republican Leader, pursuant to Public Law 105–292, as amended by Public Law 106–55, and Additional Cosponsors: Pages S13193–94 as further amended by Public Law 107–228, ap- Statements on Introduced Bills/Resolutions: pointed the following individual to the United Page S13194 States Commission on International Religious Free- Additional Statements: Pages S13191–S13202 dom: Dr. Richard D. Land of Tennessee, for a term of two years. Page S13203 Amendments Submitted: Page S13202 DREAM Act—Cloture: Senate began consideration Privileges of the Floor: Page S13202 of the motion to proceed to consideration of S. 2205, Record Votes: Two record votes were taken today. to authorize the cancellation of removal and adjust- (Total—382) Pages S13179, S13180 ment of status of certain alien students who are Adjournment: Senate convened at 2 p.m. and ad- long-term United States residents and who entered journed at 8:21 p.m., until 10 a.m. on Tuesday, Oc- the United States as children. Page S13202 tober 23, 2007. (For Senate’s program, see the re- A motion was entered to close further debate on marks of the Majority Leader in today’s Record on the motion to proceed to consideration of the bill, page S13203.) and in accordance with the provisions of Rule XXII of the Standing Rules of the Senate, a vote on clo- ture will occur on Wednesday, October 24, 2007. Committee Meetings Page S13202 (Committees not listed did not meet) Subsequently, the motion to proceed was with- drawn. Page S13202 No committee meetings were held. h House of Representatives Platte River Recovery Implementation Program for Chamber Action Endangered Species in the Central and Lower Platte Public Bills and Resolutions Introduced: 16 pub- River Basin and to modify the Pathfinder Dam and lic bills, H.R. 3911–3926; and 1 resolution, H. Res. Reservoir, with an amendment (H. Rept. 110–393); 762, were introduced. Pages H11846–47 H.R. 1205, to reauthorize the Coral Reef Con- Additional Cosponsors: Pages H11847–48 servation Act of 2000, with an amendment (H. Rept. 110–394, Pt. 1); Reports Filed: Reports were filed today as follows: H.R. 830, to authorize the exchange of certain H.R. 2197, to modify the boundary of the Hope- lands in Denali National Park in the State of Alaska, well Culture National Historical Park in the State of with amendments (H. Rept. 110–395); Ohio (H. Rept. 110–391); H.R. 783, to modify the boundary of Mesa Verde H.R. 2094, to provide for certain administrative National Park, with an amendment (H. Rept. and support services for the Dwight D. Eisenhower 110–396); Memorial Commission, with an amendment (H. H.R. 767, to protect, conserve, and restore native Rept. 110–392); fish, wildlife, and their natural habitats at national H.R. 1462, to authorize the Secretary of the Inte- wildlife refuges through cooperative, incentive-based rior to participate in the implementation of the grants to control, mitigate, and eradicate harmful

VerDate Aug 31 2005 04:45 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D22OC7.REC D22OCPT1 cnoel on PRODPC60 with DIGEST_CN October 22, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D1395 nonnative species, with an amendment (H. Rept. Speaker: Read a letter from the Speaker wherein she 110–397); appointed Representative McGovern to act as Speak- H.R. 523, to require the Secretary of the Interior er Pro Tempore for today. Page H11779 to convey certain public land located wholly or par- Recess: The House recessed at 12:31 p.m. and re- tially within the boundaries of the Wells Hydro- convened at 2 p.m. Page H11779 electric Project of Public Utility District No. 1 of Douglas County, Washington, to the utility district, Suspensions: The House agreed to suspend the rules with an amendment (H. Rept. 110–398); and pass the following measures: H.R. 53, to authorize the Secretary of the Interior Paterson Great Falls National Historical Park to enter into a long-term lease with the Government Act of 2007: H.R. 189, amended, to establish the of the United States Virgin Islands to provide land Paterson Great Falls National Park in the State of on the island of Saint John, Virgin Islands, for the New Jersey, by a 2⁄3 yea-and-nay vote of 256 yeas establishment of a school, with an amendment (H. to 122 nays, Roll No. 983; Pages H11781–85, S11818 Rept. 110–399); Agreed to amend the title so as to read: ‘‘To es- H.R. 3867, to update and expand the procure- tablish the Paterson Great Falls National Historical ment programs of the Small Business Administration Park in the State of New Jersey and for other pur- (H. Rept. 110–400); poses.’’. Page H11818 H.R. 3775, to support research and development Denali National Park and Alaska Railroad of new industrial processes and technologies that op- Land Exchange Act of 2007: H.R. 830, amended, timize energy efficiency and environmental perform- to authorize the exchange of certain lands in Denali ance, utilize diverse sources of energy, and increase National Park in the State of Alaska; Page H11785 economic competitiveness, with an amendment (H. Agreed to amend the title so as to read: ‘‘To au- Rept. 110–401); thorize the exchange of certain interests in land in H.R. 3776, to provide for a research, develop- Denali National Park in the State of Alaska.’’. ment, and demonstration program by the Secretary Page H11785 of Energy to support the ability of the United States Hopewell Culture National Historical Park to remain globally competitive in energy storage sys- Boundary Adjustment Act: tems for vehicles, stationary applications, and elec- H.R. 2197, to modify tricity transmission and distribution, with amend- the boundary of the Hopewell Culture National His- ments (H. Rept. 110–402); torical Park in the State of Ohio; Page H11786 H. Res. 763, providing for consideration of the Mesa Verde National Park Boundary Expansion bill (H.R. 1011) to designate additional National Act of 2007: H.R. 783, amended, to modify the Forest System lands in the State of Virginia as wil- boundary of Mesa Verde National Park; derness or a wilderness study area, to designate the Pages H11786–87 Kimberling Creek Potential Wilderness Area for Providing for certain administrative and sup- eventual incorporation in the Kimberling Creek port services for the Dwight D. Eisenhower Memo- Wilderness, to establish the Seng Mountain and Bear rial Commission: H.R. 2094, amended, to provide Creek Scenic Areas, and to provide for the develop- for certain administrative and support services for ment of trail plans for the wilderness areas and sce- the Dwight D. Eisenhower Memorial Commission; nic areas (H. Rept. 110–403); Pages H11787–89 H. Res. 764, providing for consideration of the Douglas County, Washington, PUD Conveyance bill (H.R. 505) to express the policy of the United Act: H.R. 523, amended, to require the Secretary of States regarding the United States relationship with the Interior to convey certain public land located Native Hawaiians and to provide a process for the wholly or partially within the boundaries of the recognition by the United States of the Native Ha- Wells Hydroelectric Project of Public Utility Dis- waiian governing entity (H. Rept. 110–404); and trict No. 1 of Douglas County, Washington, to the H. Res. 765, providing for consideration of the utility district, by a 2⁄3 yea-and-nay vote of 377 yeas bill (H.R. 1483) to amend the Omnibus Parks and with none voting ‘‘nay’’, Roll No. 984; Public Lands Management Act of 1996 to extend Pages H11789–90, H11818–19 the authorization for certain national heritage areas (H. Rept. 110–405); and Virgin Islands National Park School Lease Act: H.R. 3685, to prohibit employment discrimina- H.R. 53, amended, to authorize the Secretary of the tion on the basis of sexual orientation (H. Rept. Interior to enter into a long-term lease with the 110–406, Pt. 1). Pages H11845–46 Government of the United States Virgin Islands to

VerDate Aug 31 2005 04:45 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D22OC7.REC D22OCPT1 cnoel on PRODPC60 with DIGEST_CN D1396 CONGRESSIONAL RECORD — DAILY DIGEST October 22, 2007 provide land on the island of Saint John, Virgin Is- Irrigation District for purposes of supporting the lands, for the establishment of a school; Madera Water Supply Enhancement Project; Pages H11790–91 Pages H11805–06 Refuge Ecology Protection, Assistance, and Im- Supporting the goals of National Bullying Pre- mediate Response Act: H.R. 767, amended, to pro- vention Awareness Week: H. Res. 762, to support tect, conserve, and restore native fish, wildlife, and the goals of National Bullying Prevention Awareness their natural habitats at national wildlife refuges Week, by a 2⁄3 yea-and-nay vote of 375 yeas with through cooperative, incentive-based grants to con- none voting ‘‘nay’’ and 1 voting ‘‘present’’, Roll No. trol, mitigate, and eradicate harmful nonnative spe- 985; Pages H11806–08, H11819–20 cies; Pages H11791–95 Congratulating and commending the Wichita Coral Reef Conservation Amendments Act of State University women’s bowling team for win- 2007: H.R. 1205, amended, to reauthorize the Coral ning the 2007 United States Bowling Congress Reef Conservation Act of 2000; Pages H11795–H11800 Intercollegiate Bowling National Championship: Platte River Recovery Implementation Program H. Res. 472, to congratulate and commend the and Pathfinder Modification Authorization Act: Wichita State University women’s bowling team for H.R. 1462, amended, to authorize the Secretary of winning the 2007 United States Bowling Congress the Interior to participate in the implementation of Intercollegiate Bowling National Championship; the Platte River Recovery Implementation Program Pages H11808–09 for Endangered Species in the Central and Lower Regulatory Improvement Act of 2007: H.R. Platte River Basin and to modify the Pathfinder 3564, to amend title 5, United States Code, to au- Dam and Reservoir; Pages H11800–02 thorize appropriations for the Administrative Con- Providing for a feasibility study of alternatives ference of the United States through fiscal year to augment the water supplies of the Central 2011; Pages H11809–11 Oklahoma Master Conservancy District and cities Recognizing the 60th anniversary of the Mendez served by the District: H.R. 1337, amended, to pro- v. Westminster decision which ended segregation of vide for a feasibility study of alternatives to augment Mexican and Mexican American students in Cali- the water supplies of the Central Oklahoma Master fornia schools: H. Res. 721, to recognize the 60th Conservancy District and cities served by the Dis- anniversary of the Mendez v. Westminster decision trict; Pages H11802–03 which ended segregation of Mexican and Mexican Santa Ana River Water Supply Enhancement American students in California schools; Act of 2007: H.R. 813, amended, to amend the Rec- Pages H11811–14 lamation Wastewater and Groundwater Study and Energy Storage Technology Advancement Act of Facilities Act to authorize the Secretary of the Inte- 2007: H.R. 3776, amended, to provide for a re- rior to participate in the Prado Basin Natural Treat- search, development, and demonstration program by ment System Project, to authorize the Secretary to the Secretary of Energy to support the ability of the carry out a program to assist agencies in projects to United States to remain globally competitive in en- construct regional brine lines in California, and to ergy storage systems for vehicles, stationary applica- authorize the Secretary to participate in the Lower tions, and electricity transmission and distribution; Chino Dairy Area desalination demonstration and Pages H11814–16 reclamation project; Pages H11803–04 Agreed to amend the title so as to read: ‘‘To pro- San Diego Water Storage and Efficiency Act of vide for research, development, and demonstration 2007: H.R. 1803, to direct the Secretary of the Inte- programs in advanced energy storage systems for rior to conduct a feasibility study to design and con- electric drive vehicles, stationary applications, and struct a four reservoir intertie system for the pur- electricity transmission and distribution applications, poses of improving the water storage opportunities, to support the ability of the United States to remain water supply reliability, and water yield of San globally competitive in this field, and to promote Vicente, El Capitan, Murray, and Loveland Res- the efficient delivery and use of energy.’’. ervoirs in San Diego County, California in consulta- Pages H11815–16 tion and cooperation with the City of San Diego and Supporting the goals and ideals of National the Sweetwater Authority; Pages H11804–05 Chemistry Week: H. Res. 751, to support the goals Madera Water Supply Enhancement Act: H.R. and ideals of National Chemistry Week; and 1855, amended, to authorize the Secretary of the In- Pages H11816–17 terior, acting through the Bureau of Reclamation to Industrial Energy Efficiency Research and De- enter into a cooperative agreement with the Madera velopment Act of 2007: H.R. 3775, amended, to

VerDate Aug 31 2005 04:45 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D22OC7.REC D22OCPT1 cnoel on PRODPC60 with DIGEST_CN October 22, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D1397 support research and development of new industrial XXI. The rule provides that the amendment in the processes and technologies that optimize energy effi- nature of a substitute recommended by the Com- ciency and environmental performance, utilize di- mittee on Natural Resources now printed in the bill, verse sources of energy, and increase economic com- modified by the amendment printed in the Rules petitiveness. Pages H11820–22 Committee report, shall be considered as adopted Presidential Message: Read a message from the and shall be considered as read. All points of order President wherein he notified Congress of the ex- against provisions of the bill, as amended, are panded scope of the national emergency declared in waived. Executive Order 13047 of May 20, 1997 with re- The rule provides one motion to recommit with spect to Burma, and of additional steps with respect or without instructions. The rule provides that, not- to that national emergency—referred to the Com- withstanding the operation of the previous question, mittee on Foreign Affairs and ordered printed (H. the Chair may postpone further consideration of the bill to a time designated by the Speaker. Testimony Doc. 110–66). Page H11780 was heard by Chairman Rahall and Representatives Recess: The House recessed at 4:59 p.m. and recon- Don Young of Alaska, Regula, and Flake. vened at 6:30 p.m. Page H11817 VIRGINIA RIDGE AND VALLEY ACT OF Moment of Silence: The House observed a moment 2007 of silence in honor of Robert Young, III, former Committee on Rules. Granted, by a voice vote, a struc- Member of Congress. Page H11819 tured rule. The rule provides one hour of debate in Senate Messages: Messages received from the Senate the House on H.R. 1011, Virginia Ridge and Valley by the Clerk and subsequently presented to the Act of 2007, equally divided and controlled by the House today appear on pages H11780 and H11806. chairman and ranking minority member of the Com- Senate Referrals: S. Con. Res. 51 was referred to mittee on Natural Resources. The rule waives all the Committee on Education and Labor, S. 2206 was points of order against consideration of the bill ex- referred to the Committee on House Administration, cept clauses 9 and 10 of Rule XXI. The rule pro- and S. 1839 was held at the desk. Page H11843 vides that the amendment in the nature of a sub- stitute recommended by the Committee on Natural Quorum Calls—Votes: Three yea-and-nay votes de- Resources now printed in the bill shall be considered veloped during the proceedings of today and appear as adopted and the bill, as amended, shall be consid- on pages H11818, H11818–19, and H11819–20. ered as read. All points of order against provisions There were no quorum calls. of the bill, as amended, are waived. Adjournment: The House met at 12:30 p.m. and The rule makes in order the amendment printed adjourned at 10:43 p.m. in the Rules Committee report if offered by Rep- resentative Goodlatte. The amendment made in Committee Meetings order shall not be subject to a demand for a division of the question, shall be considered as read, and shall VOTING BY MAIL OR ABSENTEE— be debatable for 10 minutes equally divided and EXPANDING OPPORTUNITIES controlled by the proponent and an opponent. All Committee on House Administration: Subcommittee on points of order against the amendment except for Elections continued hearings on Expanding and Im- clauses 9 and 10 of rule XXI are waived. The rule proving Opportunities to vote by Mail or Absentee. provides one motion to recommit with or without Testimony was heard from Tom Harrison, former instructions. The rule provides that, notwithstanding Elections Director, State of Texas; and a public wit- the operation of the previous question, the Chair ness. may postpone further consideration of the bill to a CELEBRATING AMERICA’S HERITAGE ACT time designated by the Speaker. Testimony was heard by Chairman Rahall and Representative Don Committee on Rules: Granted, by a vote of 8 to 3, a Young of Alaska. closed rule. The rule provides one hour of debate in the House on H.R. 1483, To amend the Omnibus NATIVE HAWAIIAN GOVERNMENT Parks and Public Lands Management of 1996 to ex- REORGANIZATION OF 2007 tend the authorization for certain national heritage Committee on Rules: Granted, by a voice vote, a struc- areas, and for other purposes, equally divided and tured rule. The rule provides one hour of debate in controlled by the chairman and ranking minority the House on H.R. 505, Native Hawaiian Govern- member of the Committee on Natural Resources. ment Reorganization Act 2007, equally divided and The rule waives all points of order against consider- controlled by the chairman and ranking minority ation of the bill except clauses 9 and 10 of rule member of the Committee on Natural Resources.

VerDate Aug 31 2005 04:45 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D22OC7.REC D22OCPT1 cnoel on PRODPC60 with DIGEST_CN D1398 CONGRESSIONAL RECORD — DAILY DIGEST October 22, 2007 The rule waives all points of order against consider- House ation of the bill except those arising under clauses Committee on Appropriations, Subcommittee on Agri- 9 and 10 of Rule XXI. Tech rule provide that the culture, Rural Development, Food and Drug Administra- bill shall be considered as read. The rule waives all tion and Related Agencies, on Broadband: Connecting points of order against provisions of the bill. Rural America, 10 a.m., 2362A Rayburn. The rule makes in order only the amendment Committee on Energy and Commerce, Subcommittee on printed in the Rules Committee report if offered by Commerce, Trade, and Consumer Protection, to mark up Rep. Flake or his designee. The amendment shall be the following bills: H.R. 2601, To extend the authority of the Federal Trade Commission to collect fees to admin- considered as read, shall be debatable for ten minutes ister and enforce the provisions relating to the ‘‘Do-not- equally divided and controlled by a proponent and call’’ registry of the Telemarketing Sales Rule; H.R. an opponent, and shall not be subject to a demand 3461, Safeguarding America’s Families by Enhancing and for division of the question in the House. The rule Reorganizing New and Efficient Technologies Act of waives all points of order against the amendment ex- 2007; and H.R. 3526, To include all banking agencies cept those arising under clause 9 or 10 of rule XXI. within the existing regulatory authority under the Federal The rule provides one motion to recommit the Trade Commission Act with respect to depository institu- bill with or without instructions. Finally, notwith- tions, and for other purposes, 10 a.m., 2123 Rayburn. Committee on Financial Services, hearing on H.R. 647, standing the operation of the previous question, the Market to Market Extension Act of 2007, 2 p.m., 2128 Chair may postpone further consideration of the bill Rayburn. to a time designated by the Speaker. Testimony was Committee on Foreign Affairs, to mark up the following heard by Chairman Rahall, and Representatives measures: H.R. 2949, Eurasia Foundation Act; H.R. Abercrombie, Hirono, Don Young of Alaska, and 3887, To authorize appropriations for fiscal years 2008 Flake. through 2011 for the Trafficking Victims Protection Act of 2000, to enhance measures to combat forced labor; f H.R. 3890, To amend the Burmese Freedom and Democ- racy Act of 2003 to waive the requirement for annual re- COMMITTEE MEETINGS FOR TUESDAY, newal resolutions relating to import sanctions, impose OCTOBER 23, 2007 import sanctions on Burmese gemstones, expand the (Committee meetings are open unless otherwise indicated) number of individuals against whom the visa ban is ap- plicable, expand the blocking of assets and other prohib- Senate ited activities; H.R. 275, Global Online Freedom Act of 2007; H.R. 1746, Holocaust Insurance Accountability Committee on Commerce, Science, and Transportation: Sub- Act of 2007; H.R. 2332, Syria Accountability and Libera- committee on Surface Transportation and Merchant Ma- tion Act; H.R. 2705, Compacts of Free Association rine Infrastructure, Safety and Security, to hold an over- Amendments Act of 2007; H.R. 3320, Support for the sight hearing to examine the Surface Transportation Museum of the History of Polish Jews Act of 2007; a Board and regulation related to railroads, 10 a.m., measure To amend the International Center Act to au- SR–253. thorize the lease or sublease of certain property described Full Committee, to hold hearings to examine the in such Act; a measure Naval Vessel Transfer Act; H. nominations of Todd J. Zinser, of Virginia, to be Inspec- Res. 435, Expressing concern relating to the threatening tor General, Department of Commerce, Robert Clarke behavior of the Iranian regime and its leader Mahmoud Brown, of Ohio, to be a Member of the Board of Direc- Ahmadinejad, and the activities of terrorist organizations tors of the Metropolitan Washington Airports Authority, sponsored by that regime in Latin America; H. Res. 550, Carl B. Kress, of California, and A. Paul Anderson, of Congratulating the people of Ethiopia on the second mil- Florida, both to be a Federal Maritime Commissioner, lennium of Ethiopia; H. Res. 573, Recognizing and com- 2:30 p.m., SR–253. mending the efforts of the United States public and Ad- Committee on Environment and Public Works: to hold hear- vocacy groups to raise awareness about and help end the ings to examine the human impacts of global warming, worsening humanitarian crisis and genocide in Darfur, 10 a.m., SD–406. Sudan; H. Res. 726, Calling on the President of the Committee on Health, Education, Labor, and Pensions: to United States and the International community to take hold hearings to examine the efficacy of the Energy Em- immediate steps to respond to and prevent the acts of ployees Occupational Illness Compensation Program, fo- rape and sexual violence against women and girls in cusing on our Cold War heroes, 10 a.m., SD–430. Darfur, Sudan, eastern Chad and the Central African Re- Committee on Homeland Security and Governmental Affairs: public; H. Res. 740, Condemning in the strongest terms to hold hearings to examine six years after the anthrax at- the attacks on African Union peacekeepers that occurred tacks, focusing on our preparedness to respond to bioter- in Haskanita, Darfur, Sudan, on September 29, 2007; H. rorism, 10 a.m., SD–342. Res. 747, Recognizing the religious and historical signifi- Select Committee on Intelligence: to hold hearings to exam- cance of the festival of Diwali; a resolution Expressing the ine the Federal Bureau of Investigation (FBI) strategic Sense of the House of Representatives regarding the viola- plan, 2:30 p.m., SD–106. tion of the human rights of United Nations Special

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Rapporteur on Trafficking in Persons, Sigma Huda and Jewry on the Mall in Washington, D.C.; H. Res. 728, others, by caretaker government of Bangladesh; H. Con. Expressing the support and sympathy of the House of Res. 234, Calling on the government of the People’s Re- Representatives and the people of the United States for public of China to respect the human rights of North the victims of the devastating flooding that occurred Korean refugees; and H. Con. Res. 236, Recognizing the across many parts of Ohio in August 2007 and com- close relationship between the United States and the Re- mending the communities, volunteer organization, public of San Marino, 10 a.m., 2172 Rayburn. churches and emergency response agencies for their con- Subcommittee on the Middle East and South Asia, tinuing work to restore the affected areas across the state; hearing on Iran Sanctions and Regional Security, 2 p.m., H. R. 3446, To designate the facility of the United 2172 Rayburn. States Postal Service located at 202 East Michigan Ave- Committee on House Administration, Subcommittee on nue in Marshall, Michigan, as the ‘‘Michael W. Schragg Elections, hearing on Voter Registration and List Mainte- Post Office Building’’; H.R. 3470, To designate the facil- nance, 2 p.m., 1310 Longworth. ity of the United States Postal Service located at 744 Committee on the Judiciary, Subcommittee on Crime, West Oglethorpe Highway in Hinesville, Georgia, as the Terrorism, and Homeland Security and the Subcommittee ‘‘John Sidney ‘Sid’ Flowers Post Office Building’’; H.R. on Commercial and Administrative Law, joint hearing on 3511, To designate the facility of the United States Post- Allegations of Selective Prosecution: The Erosion of Pub- al Service located at 2150 East Hardtner Drive in Urania, lic Confidence in Our Federal Justice System, 10 a.m., Louisiana, as the ‘‘Murphy A. Tannehill Post Office 2141 Rayburn. Subcommittee on Crime, Terrorism, and Homeland Se- Building’’; H.R. 3569, To designate the facility of the curity, hearing on Genocide and the Rule of Law, 1 p.m., United States Postal Service located at 16731 Santa Ana 2141 Rayburn. Avenue in Fontana, California, as the ‘‘Beatrice E. Wat- Committee on Natural Resources, to continue mark up of son Post Office Building’’; and S. 1896, To designate the H.R. 2262, Hardrock Mining and Reclamation Act of facility of the United States Postal Service located at 11 2007; 9 a.m., and to mark up H. R. 900, Puerto Rico Central Street in Hillsborough, New Hampshire, as the Democracy Act of 2007, 11 a.m., 1324 Longworth. ‘‘Officer Jeremy Todd Charron Post Office’’, 10 a.m., Subcommittee on National Parks, Forests and Public 2154 Rayburn. Lands, hearing on the following bills: H.R. 816, Orchard Subcommittee on Information, Census, and National Detention Basin Flood Control Act; H.R. 1311, Nevada Archives, hearing on Cybersecurity: A Review of Public Cancer Institute Expansion Act; H.R. 1922, Jupiter Inlet and Private Sector Efforts to Secure our Nation’s Internet Lighthouse Outstanding Natural Area Act of 2007; and Infrastructure, 2 p.m., 2154 Rayburn. H.R. 2246, To validate certain conveyances made by the Committee on Science and Technology, Subcommittee on Union Pacific Railroad Company of lands located in Energy and Environment, hearing on GAO’s Report on Reno, Nevada, that originally conveyed by the United the Status of NOAA’s Geostationary Weather Satellite States to facilitate construction of transcontinental rail- Program, 2 p.m., 2318 Rayburn. roads; 2 p.m., 1334 Longworth. Subcommittee on Space and Aeronautics, hearing on Committee on Oversight and Government Reform, hearing on the Status of NASA Crew Exploration Vehicle and Crew the Health and Environment Impacts of Uranium Con- Launch Vehicle Programs, 10 a.m., 2318 Rayburn. tamination in the Navajo Nation; followed by a markup Committee on Transportation and Infrastructure, Sub- of the following measures: H. Res. 684, Congratulating committee on Highways and Transit, hearing on High- Shawn Johnson on her victory in becoming the 2007 way Bridge Inspection, 2 p.m., 2167 Rayburn. World Artistic Gymnastics Champion in women’s gym- Permanent Select Committee on Intelligence, Subcommittee nastics; H. Res. 759, Recognizing the 40th Anniversary on Terrorism, Human Intelligence, Analysis, and Coun- of the Mass Movement for Soviet Jewish Freedom and the terintelligence, executive, hearing on CIA Activity, Part 20th Anniversary of the Freedom Sunday Rally for Soviet III, 2 p.m., H–405 Capitol.

VerDate Aug 31 2005 04:45 Oct 23, 2007 Jkt 069060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\FM\D22OC7.REC D22OCPT1 cnoel on PRODPC60 with DIGEST_CN D1400 CONGRESSIONAL RECORD — DAILY DIGEST October 22, 2007

Next Meeting of the SENATE Homegrown Terrorism Prevention Act of 2007; (2) H.R. 10 a.m., Tuesday, October 23 1680—Secure Handling of Ammonium Nitrate Act of 2007; (3) H.R. 2868—To eliminate the exemption from State regulation for certain securities designated by na- Senate Chamber tional securities exchanges; (4) H.R. 327—Joshua Omvig Veterans Suicide Prevention Act; (5) H.R. 1808—To des- Program for Tuesday: Senate will continue consider- ignate the Department of Veterans Affairs Medical Center ation of H.R. 3043, Labor/HHS/Education Appropria- in Augusta, Georgia, as the ‘‘Charlie Norwood Depart- tions Act, and vote on or in relation to certain amend- ment of Veterans Affairs Medical Center’’; (6) H.R. ments. 2408—To designate the Department of Veterans Affairs (Senate will recess from 12:30 p.m. until 2:15 p.m. for their outpatient clinic in Green Bay, Wisconsin, as the ‘‘Milo respective party conferences.) C. Huempfner Department of Veterans Affairs Outpatient Clinic’’; (7) H. Res. 680—Condemning the actions of Next Meeting of the HOUSE OF REPRESENTATIVES September 7, 2007, resulting in damage to the Vietnam Veterans War Memorial; and (8) H. Res. 237—Sup- 9 a.m., Tuesday, October 23 porting and encouraging greater support for Veterans Day each year. Consideration of H.R. 1011—Virginia Ridge and Valley Act of 2007 (Subject to a Rule) and H.R. House Chamber 1483—To amend the Omnibus Parks and Public Lands Program for Tuesday: Consideration of the following Management Act of 1996 to extend the authorization for suspensions: (1) H.R. 1955—Violent Radicalization and certain national heritage areas (Subject to a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE Fossella, Vito, N.Y., E2196 Radanovich, George, Calif., E2191 Gordon, Bart, Tenn., E2193 Rahall, Nick J., II, W.Va., E2197 Bishop, Timothy H., N.Y., E2189 Kucinich, Dennis J., Ohio, E2189, E2190 Rangel, Charles B., N.Y., E2199 Christensen, Donna M., The Virgin Islands, E2192 Levin, Sander M., Mich., E2192 Ruppersberger, C.A. Dutch, Md., E2195, E2199 Cole, Tom, Okla., E2200 Lewis, Ron, Ky., E2198 Schiff, Adam B., Calif., E2193 Courtney, Joe, Conn., E2198 Markey, Edward J., Mass., E2196 Scott, David, Ga., E2194 Dingell, John D., Mich., E2189, E2190, E2190, E2191, Matsui, Doris O., Calif., E2195 Space, Zachary T., Ohio, E2192 E2192 Miller, Jeff, Fla., E2190 Sullivan, John, Okla., E2194 Emanuel, Rahm, Ill., E2192 Murphy, Patrick J., Pa., E2190 Thompson, Bennie G., Miss., E2197 Emerson, Jo Ann, Mo., E2196 Payne, Donald M., N.J., E2198 Thompson, Mike, Calif., E2189, E2191 Farr, Sam, Calif., E2193 Porter, Jon C., Nev., E2195 Visclosky, Peter J., Ind., E2198

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