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, MARCH 26, 2007 No. 52 House of Representatives The House met at 12:30 p.m. and was war. They don’t want that kind of ac- Scooter Libby. In fact, he personally, called to order by the Speaker pro tem- countability, because it failed our unprecedented for a Vice President, pore (Ms. CASTOR). troops, from day one, on equipment kept visiting the CIA and saying, no, f and readiness. they didn’t have the intelligence right And then maybe it’s the other part, yet. I.e., they didn’t say what he want- DESIGNATION OF SPEAKER PRO the part where we are going to demand ed. Niger yellow cake, Chalabi, all that TEMPORE accountability of the Iraqi Govern- stuff. He was so wrong. And then he The SPEAKER pro tempore laid be- ment. Time and time again President said, ‘‘Simply stated, there’s no doubt fore the House the following commu- Bush sets benchmarks. ‘‘Those bench- that Saddam Hussein now has weapons nication from the Speaker: marks will be met.’’ They are never of mass destruction.’’ Vice President WASHINGTON, DC, met. There has to be a diplomatic and CHENEY in August of 2002 as he was March 26, 2007. political component. You cannot re- pushing us toward war. I hereby appoint the Honorable KATHY CAS- solve a civil war with military force in But then on the eve of the war, even TOR to act as Speaker pro tempore on this Iraq. But time and time again the Bush after their myths about weapons of day. administration has let the Iraqi Gov- mass destruction, the yellow cake, the NANCY PELOSI, ernment skate. This bill says they will aluminum tubes had started to fall Speaker of the House of Representatives. meet the President’s own chosen, apart, he said, ‘‘We believe that Sad- f President Bush and al Maliki’s, own dam has in fact reconstituted nuclear MORNING HOUR DEBATES chosen guidelines and benchmarks or weapons.’’ Vice President CHENEY. A we will begin to bring our troops home. man who has been so wrong and put The SPEAKER pro tempore. Pursu- Plain and simple, not a war without our troops in harm’s way unneces- ant to the order of the House of Janu- end, not a war that will be settled by sarily, jeopardized the security of the ary 4, 2007, the Chair will now recog- future Presidents, as George Bush said United States by distracting us from nize Members from lists submitted by a year ago, but if this administration the real fight in Afghanistan, chal- the majority and minority leaders for and the Iraqi Government fail to do lenges this Congress on the Iraq Ac- morning hour debates. The Chair will what’s necessary for our troops, we are countability Act? No, I think last No- alternate recognition between the par- not going to strand them in the middle vember the American people started to ties, with each party limited to not to of a civil war. ask about accountability for him and exceed 30 minutes, and each Member, But the Vice President objects to his supposed boss, George Bush. except the majority leader, the minor- those things. He says if they really And then let’s look at their military ity leader, or the minority whip, lim- support the troops, then we should planning. General Shinseki, a good ited to not to exceed 5 minutes. take them at their word and expect man. They fired him. It was said we The Chair recognizes the gentleman them to meet the needs of our military didn’t need 350,000 people. Rummy said, from Oregon (Mr. DEFAZIO) for 5 min- on time, in full, no strings attached. ‘‘Oh, don’t worry. We can do it with utes. Let’s review the administration’s 100,000 or so.’’ Shinseki said, that f record on those issues. Let’s review would lead to strife, civil war and how the Bush-Cheney administration chaos. He was right. They fired him. THE VICE PRESIDENT AND THE met the needs of our troops. First of But presidential economic adviser IRAQ ACCOUNTABILITY ACT all, it was an unnecessary war. They Larry Lindsey said, ‘‘It’s going to be Mr. DEFAZIO. I thank the Chair. were pursuing a necessary war against very expensive. Very expensive.’’ No, Well, Vice President CHENEY was in al Qaeda, the Taliban, Osama bin CHENEY and his cohorts said, ‘‘No, form last weekend in Florida address- Laden. Remember them? Dead or alive? don’t worry. Iraq can pay for it them- ing a small group behind closed doors. Dead or alive? They abandoned that selves.’’ Well, we are now at $2 billion He attacked the House of Representa- war for an unnecessary war launched a week, hundreds of billions of dollars tives for passing the Iraq Account- under false pretenses in Iraq. on this war. So wrong. ability Act. I am not certain whether it Now, something called the Office of And then our troops, how did they is because he objects to the fact that Special Plans phonied up the intel- serve them? Vice President CHENEY we are going to make this administra- ligence. DICK CHENEY put together the again, ‘‘We believe we will, in fact, be tion review the readiness of our troops, Office of Special Plans with some of his greeted as liberators. I think it will go their equipment, before they’re rushed own hand-picked people, I think one of relatively quick. Weeks rather than to Iraq in an attempt to escalate the whom is now on the way to jail, in fact, months.’’ So they didn’t give our men

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.

H3019

.

VerDate Aug 31 2005 03:53 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MR7.000 H26MRPT1 mstockstill on PROD1PC66 with HOUSE H3020 CONGRESSIONAL RECORD — HOUSE March 26, 2007 and women body armor, didn’t have ar- I ask my colleagues today to rise and DEMOCRATS CONTINUE TO TAX mored Humvees, they didn’t have the join me in paying tribute to Barton AND SPEND equipment they needed. Congress had College’s basketball team of 2007 and to to uncover those scandals after we recognize their extraordinary cham- (Mr. WILSON of South Carolina heard from the troops in the field. We pionship. asked and was given permission to ad- dress the House for 1 minute and to re- had to provide it over the objections of f this administration, and this guy has vise and extend his remarks.) the gall to say we aren’t serving the RECESS Mr. WILSON of South Carolina. Mr. troops as they want to keep our troops The SPEAKER pro tempore. Pursu- Speaker, Democrats are as predictable mired down forever in the middle of a ant to clause 12(a) of rule I, the Chair as the sun: it continues to rise in the civil war? declares the House in recess until 2 east, and they continue to tax and This is extraordinary. And, most re- p.m. today. spend. cently, Vice President CHENEY last Accordingly (at 12 o’clock and 39 The Democratic budget released last year, no, 2 years ago, ‘‘I think they’re minutes p.m.), the House stood in re- week proposes the largest tax increase in the last throes, if you will, of the in- cess until 2 p.m. in American history: $392.5 billion. Not surgency.’’ I guess he still believes f only does it allow for the expiration of that. the 2001 and 2003 tax cuts, but it does These people have done an extraor- b 1400 nothing to control unsustainable enti- dinary disservice to our troops, our tlement spending. country, our national security and the AFTER RECESS fight against true terrorism that at- The recess having expired, the House Republicans believe fiscal restraint tacked us on 9/11. We will not be dis- was called to order by the Speaker pro and pro-growth economic policies will tracted or bullied anymore. The Iraq tempore (Mr. SALAZAR) at 2 p.m. lead to budget surpluses and new jobs. Democrats believe out-of-control gov- Accountability Act is a strong response f to their mismanagement and it offers ernment spending should be subsidized the United States a way to bring this PRAYER with the hard-earned money of Amer- war to a successful conclusion and The Chaplain, the Reverend Daniel P. ican taxpayers. soon. Coughlin, offered the following prayer: Unfortunately, the Democratic budg- Bring the troops home. ‘‘Go down, Moses, et continues to squeeze taxpayers’ f Way down in Egypt land. pocketbooks without tightening the CONGRATULATING BARTON Tell ole Pharaoh, belt of Big Government. Such reckless COLLEGE’S BASKETBALL TEAM Let my people go.’’ policies will chill our growing economy These lines from the old spiritual, by reducing job creation. The SPEAKER pro tempore. Pursu- Lord, gave human slavery voice and ant to the order of the House of Janu- In conclusion, God bless our troops, hope. Its rundown rhythm muffled the and we will never forget September 11. ary 4, 2007, the gentleman from North sound of the Underground Railroad Carolina (Mr. BUTTERFIELD) is recog- traveling through darkness to bring nized during morning hour debates for f people freedom’s light. 5 minutes. Mr. BUTTERFIELD. Thank you very Lord, we pray that You help now all those held captive in human bondage. PHOTO IDENTIFICATION SECURITY much, Madam Speaker. ACT Madam Speaker, there was great May the thousands caught in the cause for celebration in eastern North clutches of slave labor and worse, in (Mrs. BLACKBURN asked and was Carolina over this past weekend, as our own country, find a new exodus. given permission to address the House Wilson, North Carolina’s Barton Col- Bring their hidden stories to the for 1 minute and to revise and extend lege captured the NCAA Division II brightness of news in our day, so they her remarks.) men’s college basketball championship. may live with the glimmer of hope. Mrs. BLACKBURN. Mr. Speaker, you What a game. Lead them through the complexity of know, one of the things that we heard Barton College, Madam Speaker, is a economic and legal systems to breathe about so often during the campaign small but proud college with a rich in the common air of freedom. last year was illegal immigration. And academic history. With a student body May our preparations for Passover coming back to Congress, one of the of about 1,000 students, it is located not and Easter shake off our indifference, things we are hearing about as we hold only in my congressional district but change obstinate hearts of unscrupu- our town hall meetings is the impact of located in my community. I am so lous employers and profiteers in human illegal immigrants having access to proud of them. trafficking that the redeemed may re- credit cards and to financial services in Barton College captured the national joice in You, our God and Savior, both this country. Banking institutions, the championship Saturday afternoon, now and forever. Amen. Federal Reserve, the U.S. Treasury, scoring an amazing come-from-behind f and the IRS are allowing illegal immi- 77–75 victory over previously THE JOURNAL grants the ability to sign up for credit undefeated and defending national cards, mortgages, taxpayer identifica- champion Winona State University. The SPEAKER pro tempore. The tion numbers, and to transfer money Barton won the title game at the buzz- Chair has examined the Journal of the back to their country. er, with one-tenth of a second remain- last day’s proceedings and announces ing. They won their semifinal game by to the House his approval thereof. It is a problem, and there is a solu- one point on a last-second free throw. Pursuant to clause 1, rule I, the Jour- tion. H.R. 1314 is a piece of legislation And it won its quarterfinal game on a nal stands approved. I have filed. It is bipartisan legislation with over 50 cosponsors. The Photo ID three-pointer at the buzzer in over- f time. This will be a game that will long Security Act will close the loophole be remembered. PLEDGE OF ALLEGIANCE that illegal immigrants are using to obtain valid financial service informa- Madam Speaker, it is a great honor The SPEAKER pro tempore. Will the tion and access to these services. What for me to recognize the success, efforts gentleman from Arkansas (Mr. ROSS) it will do is change the identification and achievements of these outstanding come forward and lead the House in the that is required, requiring them to young student athletes. It is my pleas- Pledge of Allegiance. present a photo ID issued from their ure to recognize their head coach, Ron Mr. ROSS led the Pledge of Alle- home country or the U.S. Everyone in Lievense, and his staff. Their hard giance as follows: work and dedication to teamwork is the U.S. can legally obtain these docu- I pledge allegiance to the Flag of the ments. something that we are all proud of in United States of America, and to the Repub- Wilson, North Carolina and throughout lic for which it stands, one nation under God, I encourage all Members to cosponsor the First Congressional District. indivisible, with liberty and justice for all. H.R. 1314.

VerDate Aug 31 2005 02:10 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MR7.002 H26MRPT1 mstockstill on PROD1PC66 with HOUSE March 26, 2007 CONGRESSIONAL RECORD — HOUSE H3021 ANNOUNCEMENT BY THE SPEAKER There was no objection. the cause of health care in Memphis. PRO TEMPORE Mr. COHEN. Mr. Speaker, I yield my- He later became a criminal court judge The SPEAKER pro tempore. The self such time as I may consume. appointed by then-Governor Buford H.R. 753, sponsored by the entire Ten- Chair announces that the Speaker’s ap- Ellington. After serving on the crimi- nessee delegation of both the House pointment of the remaining 19 mem- nal court bench, he went on to serve as and the Senate, is to designate the bers of the Permanent Select Com- president of LeMoyne-Owen College, an Federal building in Memphis, Ten- mittee on Intelligence on January 17, historically black college in Memphis, nessee, located at 167 North Main 2007, without objection, is made not- a liberal arts school where he served Street as the Clifford Davis and Odell withstanding the requirement of clause for 4 years from 1970 to 1974. Horton Federal Building. 11(a)(1)(C) of rule X. In 1974, Judge Horton ran for Shelby Judge Odell Horton was appointed to There was no objection. County district attorney general. Al- the United States District Court for though he lost by just about 4,000 f the Western District of Tennessee by votes, he came very close, and it was a ANNOUNCEMENT BY THE SPEAKER President Jimmy Carter on May 12, historic election that set a precedent PRO TEMPORE 1980. He was brought to the attention for other individuals running for office The SPEAKER pro tempore. Pursu- of President Carter by then-Senator and being elected on their merits and ant to clause 8 of rule XX, the Chair Jim Sasser and through a proposal by not based on their race. He received will postpone further proceedings Lieutenant Governor John Wilder who over 23 percent of the Caucasian vote, today on motions to suspend the rules represented the district that Judge which was unheard of at the time, and on which a recorded vote or the yeas Horton grew up in Bolivar, Tennessee. it showed the respect that he had from Judge Horton in 1980 was the first Af- and nays are ordered, or on which the all sections of the community. rican American Federal judge ap- vote is objected to under clause 6 of He returned to Federal service after pointed to the bench in Tennessee since rule XX. being at LeMoyne-Owen and after hav- Reconstruction. He has many firsts as Record votes on postponed questions ing unsuccessfully sought the DA’s job an African American, but he has more will be taken after 6:30 p.m. today. as reporter for the Speedy Trial Act regard simply as an outstanding jurist, Implementation Committee by the f attorney, soldier and human being. Western District Court. After that, he CLIFFORD DAVIS/ODELL HORTON He was born May 13, 1929, in Bolivar, served as a U.S. bankruptcy judge from FEDERAL BUILDING Tennessee, and grew up during the De- 1976 to 1980. Then he received the ap- pression and the Second World War. Mr. COHEN. Mr. Speaker, I move to pointment from President Carter. Then His father was a laborer and his mother suspend the rules and pass the bill from January 1, 1987, until December took in laundry. The children, four (H.R. 753) to redesignate the Federal 31, 1993, he served as the chief judge for boys and a girl, picked cotton, stacked building located at 167 North Main the Western District of Tennessee. On lumber, and took other odd jobs to Street in Memphis, Tennessee, as the May 16, 1995, he took senior judge sta- make ends meet. tus, and 2 years later closed his Mem- ‘‘Clifford Davis/Odell Horton Federal Judge Horton graduated from Bolivar Building,’’ as amended. phis office. High School in 1946 and enlisted in the He is remembered in Memphis as a The Clerk read the title of the bill. Marine Corps ‘‘as a vehicle to find a calm and patient judge who carefully The text of the bill is as follows: way out of Bolivar.’’ After an early dis- and deliberately explained legal con- H.R. 753 charge, he enrolled in Morehouse Col- cepts to jurors. He was a model for Be it enacted by the Senate and House of Rep- lege in Atlanta, Georgia, using Federal judges because of his judicial tempera- resentatives of the United States of America in aid under the GI bill to finance his tui- ment and set a standard in such re- Congress assembled, tion. The Korean War was under way gards. Judge Horton and his wife, Evie SECTION 1. REDESIGNATION. by the time he graduated in 1951, and Randolf, were married for over 50 years The Federal building located at 167 North he returned for a second tour with the Main Street in Memphis, Tennessee, com- and have two sons, Odell Horton, Jr., monly known as the Clifford Davis Federal Marines. After a second tour, during and Christopher, who graduated from Building, shall be known and designated as which he graduated from the U.S. Navy his alma mater, Morehouse College in the ‘‘Clifford Davis and Odell Horton Federal School of Journalism, Horton entered Atlanta. Judge Horton’s widow spoke Building’’. Howard University Law School in for so many in his profession and per- SEC. 2. REFERENCES. Washington, DC. He received his degree sonal life when she stated after his Any reference in a law, map, regulation, from Howard in 1956, then moved to death, ‘‘He was a rare and precious document, paper, or other record of the Memphis to begin private practice in a jewel in the crown of humanity and United States to the Federal building re- one-room office upstairs at 145 Beale made all of our lives richer and better ferred to in section 1 shall be deemed to be Street in Memphis, the legendary because he passed this way.’’ Indeed, a reference to the ‘‘Clifford Davis and Odell Beale Street in Memphis. Horton Federal Building’’. Mrs. Horton was correct. He served in private practice for 5 Judge Horton received many honors The SPEAKER pro tempore. Pursu- years from 1957 until 1962 and then was for his work from different bar associa- ant to the rule, the gentleman from appointed Assistant U.S. Attorney in tions and institutions. He was a mem- Tennessee (Mr. COHEN) and the gen- Memphis. After being Assistant U.S. ber of the American Bar Association tleman from Ohio (Mr. LATOURETTE) Attorney, he served in other capacities. and Chair of the National Conference of each will control 20 minutes. First of all, during Mayor Henry Lobe’s Federal Trial Judges. He served as a The Chair recognizes the gentleman city administration, he was the first member of the Judicial Conference from Tennessee. African American member of that ad- Committee on Defender Services, and Mr. COHEN. Mr. Speaker, I am joined ministration, head of health and hos- Morehouse College awarded him an in H.R. 753 by the entire Tennessee del- pitals. That was a tumultuous time in honorary degree of Doctor of Laws. egation, and I am joined in a com- Memphis’ history. During that time, In the year 2000, the Memphis Bar As- panion bill with its authorship/sponsor- Dr. King was killed in Memphis on sociation awarded Judge Horton with a ship of each of our Senators, LAMAR April 4, 1968, and we will observe that Public Service Award. He died Feb- ALEXANDER and BOB CORKER. tragedy soon in Memphis. But Judge ruary 22, 2006. In honor of Judge Hor- GENERAL LEAVE Horton, as an African American, had a ton’s significant contributions to the Mr. COHEN. Mr. Speaker, I ask unan- difficult task. As such, he ordered the legal community in Memphis and his imous consent that all Members may desegregation of the Bowld Hospital pioneering career, it is both fitting and have 5 legislative days within which to which was the public hospital. That proper to designate the courthouse lo- revise and extend their remarks and in- was a great thing that he did in bring- cated at 167 North Main Street in Mem- clude extraneous material on H.R. 753. ing Memphis forward. phis as the Clifford Davis and Odell The SPEAKER pro tempore. Is there A year after he did that in 1968, he re- Horton Federal Building. objection to the request of the gen- ceived the L.M. Graves Memorial As Senator ALEXANDER mentioned on tleman from Tennessee? Health Award for his efforts to advance the Senate floor, it is appropriate that

VerDate Aug 31 2005 03:50 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MR7.005 H26MRPT1 mstockstill on PROD1PC66 with HOUSE H3022 CONGRESSIONAL RECORD — HOUSE March 26, 2007 this building have both the names of gram designed to reduce the number of men A motion to reconsider was laid on Judge Horton, a great pioneer of the in the military, and enrolled in Morehouse Col- the table. latter half of the 20th century, and lege in Atlanta, Georgia, using Federal aid f Clifford Davis, who was part of the first under the GI bill to finance his tuition. The Ko- half of the 20th century, served as rean War was underway by the time he grad- RAFAEL MARTINEZ NADAL United States Congressman from 1940 uated in 1951, and he returned for a second UNITED STATES CUSTOMHOUSE to 1965. It shows a continuum of his- tour of duty in the Marines. BUILDING tory, a growth of history, and history During his second tour, he graduated from Mr. COHEN. Mr. Speaker, I move to is a process. The naming of this build- the U.S. Navy School of Journalism. After re- suspend the rules and pass the bill ing for Judge Horton as well as former turning home, Horton entered Howard Univer- (H.R. 1019) to designate the United Congressman Clifford Davis shows sity Law School in Washington, D.C. He re- States Customhouse Building located progress in Memphis, progress in race ceived his law degree in 1956 and moved to at 31 Gonzalez Clemente Avenue in Ma- relations, and progress among human Memphis, Tennessee, where he started a pri- yaguez, Puerto Rico, as the ‘‘Rafael beings. vate law practice. Martinez Nadal United States Custom- Accordingly, I ask for unanimous In 1962, Horton became Assistant United house Building’’. passage of the bill. States Attorney in Memphis. He remained in The Clerk read the title of the bill. Mr. Speaker, I reserve the balance of that position until his appointment to the Shel- The text of the bill is as follows: my time. by County Criminal Court by Governor Buford H.R. 1019 Mr. LATOURETTE. Mr. Speaker, I Ellington. In 1968, Judge Horton ordered the Be it enacted by the Senate and House of Rep- yield myself such time as I may con- desegregation of Bowld Hospital. A year later, resentatives of the United States of America in sume. he received the L.M. Graves Memorial Health Congress assembled, H.R. 753, as amended, designates the Award for his efforts to advance the cause of SECTION 1. DESIGNATION. Clifford Davis Federal Building in health care in Memphis. Judge Horton The United States customhouse building Memphis, Tennessee, as the Clifford stepped down from his Federal judgeship to located at 31 Gonzalez Clemente Avenue in Davis and Odell Horton Federal Build- serve as President of LeMayne-Owen College, Mayagu¨ ez, Puerto Rico, shall be known and ing. The bill honors Judge Horton’s a predominately African-American liberal arts designated as the ‘‘Rafael Martı´nez Nadal dedication to public service. college. United States Customhouse Building’’. After service in the United States He returned to Federal service upon his ap- SEC. 2. REFERENCES. Marines during the Korean War and ac- pointment as reporter for the Speedy Trial Act Any reference in a law, map, regulation, quiring a law degree from Howard Uni- Implementation Committee by the Western document, paper, or other record of the versity, Judge Horton engaged in the District Court of Tennessee. He later served United States to the United States custom- private practice of law from 1957 until as U.S. Bankruptcy Judge from 1976 to 1980. house building referred to in section 1 shall be deemed to be a reference to the ‘‘Rafael 1962. Judge Horton also served as Chief Judge for Martı´nez Nadal United States Customhouse b 1415 the Western District of Tennessee from Janu- Building’’. ary 1, 1987, until December 31, 1993. On May His career included serving as an As- The SPEAKER pro tempore. Pursu- 16, 1995, he took senior status and retired two ant to the rule, the gentleman from sistant United States Attorney in years later. Tennessee (Mr. COHEN) and the gen- Memphis, an appointment to the Shel- Judge Horton was a member of the Amer- tleman from Ohio (Mr. LATOURETTE) by County Criminal Court, and serving ican Bar Association and Chair of the National each will control 20 minutes. as the President of LeMoyne-Owen Col- Conference of Federal Trial Judges. He also The Chair recognizes the gentleman lege. served as a member of the Judicial Con- from Tennessee. Judge Horton was appointed to the ference Committee on Defender Services. United States District Court for the Morehouse College honored him with an Hon- GENERAL LEAVE Western District of Tennessee by Presi- orary Degree of Doctor of Laws. In 2000, the Mr. COHEN. Mr. Speaker, I ask unan- dent Carter in 1980. He served as its Memphis Bar Association awarded Judge Hor- imous consent that all Members may chief judge from 1987 to 1993 and be- ton with a Public Service Award. have 5 legislative days within which to came a senior judge on May 16, 1995. Judge Horton died February 22, 2006, at revise and extend their remarks and in- Two years later, he retired from the Baptist Memorial Hospital in Memphis, Ten- clude extraneous material on H.R. 1019. Federal bench; and, sadly, Judge Hor- nessee, and was buried in Elmwood Cemetery The SPEAKER pro tempore. Is there ton passed away last year on February in Memphis. objection to the request of the gen- 22. In honor of Judge Horton’s outstanding con- tleman from Tennessee? I support this legislation and encour- tributions to the legal community in Memphis There was no objection. age our colleagues to do the same. and his exemplary professional career, it is Mr. COHEN. Mr. Speaker, I yield my- Mr. OBERSTAR. Mr. Speaker, I rise in both fitting and proper to designate the court- self such time as I may consume. strong support of H.R. 753, a bill to re-des- house located on 167 North Main Street in Mr. Speaker, H.R. 1019 is a bill to des- ignate the Federal building located at 167 Memphis, Tennessee, as the ‘‘Clifford Davis ignate the United States Customhouse North Main Street in Memphis, Tennessee, as and Odell Horton Federal Building’’. Building located at 31 Gonzalez the ‘‘Clifford Davis and Odell Horton Federal I urge my colleagues to support this bill. Clemente Avenue in Mayaguez, Puerto Building’’. Mr. LA TOURETTE. MR. SPEAKER, I Rico, as the Rafael Martinez Nadal Odell Horton was appointed to the United YIELD BACK THE BALANCE OF MY TIME. United States Customhouse Building. States District Court for the Western District of Mr. COHEN. Mr. Speaker, I yield Although Don Rafael Martinez Nadal Tennessee by President Jimmy Carter on May back my time. was born in the city of Mayaguez on 12, 1980. He was the first African-American The SPEAKER pro tempore. The April 22, 1877, he resided and passed Federal Judge appointed in Tennessee since question is on the motion offered by away in Guaynabo. He received his col- Reconstruction. the gentleman from Tennessee (Mr. lege degree in philosophy and letters Judge Horton was born in Boliver, Ten- COHEN) that the House suspend the from the Provincial Institute of Sec- nessee. He grew up during the Depression rules and pass the bill, H.R. 753, as ondary Education in San Juan. At 16, and World War II in an environment he de- amended. he was sent to Barcelona, Spain, to scribed as ‘‘typically rural Southern and typi- The question was taken; and (two- study law. cally segregated, with all the attendant con- thirds being in the affirmative) the In August, 1904, he returned to Maya- sequences of that.’’ He was the oldest of five rules were suspended and the bill, as guez and began to study coffee growing children to hard-working parents. During his amended, was passed. agriculture. Simultaneously, he began childhood, he and his brothers and sister The title was amended so as to read: his first successful attempts in the picked cotton to help support the family. ‘‘A bill to redesignate the Federal media and politics with the Puerto Horton graduated from high school in 1946 building located at 167 North Main Rican Republican Party. In 1908, he and enlisted in the Marine Corps ‘‘as a vehicle Street in Memphis, Tennessee, as the founded the political newspaper El to find a way out of Bolivar.’’ Ten months later, ‘‘Clifford Davis and Odell Horton Fed- Combate. In 1912, he obtained his law he took advantage of an early discharge pro- eral Building’.’’. degree and became one of the most

VerDate Aug 31 2005 03:50 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MR7.007 H26MRPT1 mstockstill on PROD1PC66 with HOUSE March 26, 2007 CONGRESSIONAL RECORD — HOUSE H3023 prominent men in the Puerto Rican po- ignate the United States customhouse building Herbert W. Small Federal Building and litical arena. He was considered one of located at 31 Gonzalez Clemente Avenue in United States Courthouse’’. the most famous criminal lawyers of Mayaguez, Puerto Rico, as the ‘‘Rafael Mar- The Clerk read the title of the bill. the time. tinez Nadal United States Customhouse Build- The text of the bill is as follows: In 1914, he was elected as a member ing’’. H.R. 1138 of the Chamber of Delegates for the Don Rafael Martı´nez Nadal was born in the Be it enacted by the Senate and House of Rep- city of Ponce by the Puerto Rican Re- city of Mayaguez on April 22, 1877. He re- resentatives of the United States of America in publican Party. In 1920, he was chosen ceived his college degree in Philosophy and Congress assembled, by the same party to serve in the Sen- Letters from the Provincial Institute of Sec- SECTION 1. DESIGNATION. The Federal building and United States ate and was re-elected in the next five ondary Education in San Juan. general elections. When the alliance of courthouse located at 306 East Main Street He pursued studies in Barcelona, Spain, in Elizabeth City, North Carolina, shall be the Union of Puerto Rico Party and the and Paris, France. He returned to Mayaguez known and designated as the ‘‘J. Herbert W. Puerto Rican Republican Party formed in 1904 and began studying the cultivation of Small Federal Building and United States in 1924, Nadal left the Republican coffee. Simultaneously, he pursued his interest Courthouse’’. Party and initiated a political move- in media and politics and joined the Puerto SEC. 2. REFERENCES. ment called the Pure Republican Rican Republican Party. In 1908, he founded Any reference in a law, map, regulation, Party, which registered officially as the political newspaper El Combate. In 1912, document, paper, or other record of the the Historical Constitutional Party. he obtained his law degree, and became one United States to the Federal building and Later, he founded the Republican United States courthouse referred to in sec- of the most prominent men of the Puerto tion 1 shall be deemed to be a reference to Union, working to advance the ideal of Rican political arena. He was considered one statehood for Puerto Rico. In coalition the ‘‘J. Herbert W. Small Federal Building of the most famous criminal lawyers in Puerto and United States Courthouse’’. with the Socialist Party, the Repub- Rico of his time. The SPEAKER pro tempore. Pursu- lican Union triumphed in the general In 1914, he was elected as a member of the elections of 1932 and 1936. In both ant to the rule, the gentleman from Chamber of Delegates for the city of Ponce by Tennessee (Mr. COHEN) and the gen- terms, Nadal presided over the Senate. the Puerto Rican Republican Party. In 1920, Before the election of 1940, because of a tleman from Ohio (Mr. LATOURETTE) he was chosen by the same party to serve in each will control 20 minutes. serious illness, he returned to his the Senate and was re-elected in the next five Guaynabo residence. He died there on The Chair recognizes the gentleman general elections. Nadal left the Puerto Rican from Tennessee. July 6, 1941. Republican Party and launched a political In honor of Rafael Martinez Nadal’s GENERAL LEAVE movement that became known as the Histor- outstanding contributions to the Com- Mr. COHEN. Mr. Speaker, I ask unan- ical Constitutional Party. Later, he founded the monwealth of Puerto Rico and his ex- imous consent that all Members may Republican Union, working to advance the emplary professional writing career, it have 5 legislative days in which to re- cause of Puerto Rican statehood. In coalition is both fitting and proper to designate vise and extend their remarks and in- the courthouse located at 31 Gonzalez with the Socialist Party, the Republican Union clude extraneous material on H.R. 1138. Clemente Avenue in Mayaguez, Puerto triumphed in the general elections of 1932 and The SPEAKER pro tempore. Is there Rico, as the ‘‘Rafael Martinez Nadal 1936. In both terms, Martinez Nadal presided objection to the request of the gen- United States Customhouse Building.’’ over the Senate. Before the election of 1940, tleman from Tennessee? Mr. Speaker, I reserve the balance of because of a serious illness, he returned to There was no objection. my time. his Guaynabo residence. He died on July 6, Mr. COHEN. Mr. Speaker, I yield my- Mr. LATOURETTE. Mr. Speaker, I 1941. self such time as I may consume. yield myself such time as I may con- In honor of Rafael Martinez Nadal’s out- Mr. Speaker, H.R. 1138 is a bill to des- sume. standing contributions to the Commonwealth ignate the Federal building and United Mr. Speaker, H.R. 1019, introduced by of Puerto Rico, it is both fitting and proper to States courthouse located at 306 East my friend and colleague, Congressman designate the courthouse located at 31 Gon- Main Street, Elizabeth City, North FORTUN˜ O of Puerto Rico, designates the zalez Clemente Avenue in Mayaguez, Puerto Carolina, as the J. Herbert W. Small United States Customhouse Building Rico, as the ‘‘Rafael Martinez Nadal United Federal Building and United States located at 31 Gonzalez Clemente Ave- States Customhouse Building’’. Courthouse. nue in Mayaguez, Puerto Rico, as the I urge my colleagues to support this bill. J. Herbert W. Small, a lifelong resi- ‘‘Rafael Martinez Nadal United States Mr. LATOURETTE. Mr. Speaker, if dent of Elizabeth City, North Carolina, Customhouse Building.’’ This bill hon- the majority has no additional speak- is a graduate of the University of Vir- ors Rafael Martinez Nadal’s contribu- ers, I yield back the balance of my ginia Engineering School and the Uni- tions to the Commonwealth of Puerto time. versity of North Carolina Law School. Rico. Mr. COHEN. Mr. Speaker, I am proud He began the practice of law in 1949 and Rafael Martinez Nadal was born in to be here on this bipartisan Federal continued in his chosen field for over the city of Mayaguez on April 22, 1877. customs building, and I yield back my five decades. During his professional In 1912, he became a lawyer and entered time. career, he was a member of the First the Puerto Rican political arena. He The SPEAKER pro tempore. The Judicial District Bar Association, the was considered one of the most famous question is on the motion offered by American Bar Association and the criminal lawyers in Puerto Rico at the gentleman from Tennessee (Mr. North Carolina Bar Association. that time. COHEN) that the House suspend the In 1974, Judge Small was elected In 1914, Rafael Martinez Nadal was rules and pass the bill, H.R. 1019. judge of Superior Court of the First Ju- elected to Puerto Rico’s House of Rep- The question was taken; and (two- dicial District and served as Senior resentatives for the District of Ponce. thirds being in the affirmative) the Resident Judge for 17 years. Judge In 1920, he was elected to Puerto Rico’s rules were suspended and the bill was Small is an active volunteer, serving Senate, where he served as its Presi- passed. on the Board of Directors of the Albe- dent from 1932 to 1940. A motion to reconsider was laid on marle Hospital and the American Red Rafael Martinez Nadal was a strong the table. Cross. He has received numerous defender of statehood in Puerto Rico f awards and honors from the Jaycees, and has been described as a political Boy Scouts, Volunteer Firemen, Cham- J. HERBERT W. SMALL FEDERAL leader, a writer, a successful business- ber of Commerce, and the Rotary and BUILDING AND UNITED STATES man, a brilliant orator and a distin- Elks clubs. Further, Judge Small, a COURTHOUSE guished lawyer. He passed away in July World War II veteran, served in the of 1941. Mr. COHEN. Mr. Speaker, I move to United States Navy for 3 years. I support this legislation, congratu- suspend the rules and pass the bill Judge Small is an outstanding jurist, late my friend Congressman FORTUN˜ O, (H.R. 1138) to designate the Federal civic leader, mentor and volunteer. I and urge our colleagues to do the same. building and United States courthouse support this bill and urge its passage. Mr. OBERSTAR. Mr. Speaker, I rise in located at 306 East Main Street in Eliz- Mr. Speaker, I reserve the balance of strong support of H.R. 1019, a bill to des- abeth City, North Carolina, as the ‘‘J. my time.

VerDate Aug 31 2005 02:10 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MR7.010 H26MRPT1 mstockstill on PROD1PC66 with HOUSE H3024 CONGRESSIONAL RECORD — HOUSE March 26, 2007 Mr. LATOURETTE. Mr. Speaker, I trict Attorneys Association and was deserving of this high honor than yield myself such time as I may con- appointed by the Governor to the Jail Judge J. Herbert Small. I can assure sume. Study Commission. you that Judge Small is humbled and Mr. Speaker, H.R. 1138 designates the It was when Mr. Small was a district honored by this recognition. The peo- Federal building and United States attorney that our paths first met. As a ple of Elizabeth City and the First Con- courthouse located at 306 East Main young lawyer, I opposed him in the gressional District of North Carolina Street in Elizabeth City, North Caro- courtroom on several occasions. He was are grateful for his community service, lina, as the J. Herbert W. Small Fed- a strong and effective district attor- for his dedication, and his great and ex- eral Building and United States Court- ney. traordinary leadership. house. The bill honors Judge Small’s In 1979, Herb Small was elected as I thank the gentleman from Mary- service to the legal profession. Resident Superior Court Judge for the land for yielding me time, and I thank Judge Small served in the United First Judicial District of North Caro- the gentleman from Ohio for his work States Navy during the Second World lina. He served in this capacity for 17 on this matter. War and received a law degree from the years. He was honored by his peers I urge my colleagues today to vote University of North Carolina Law when he was elected President of the ‘‘yes’’ on H.R. 1138. School at Chapel Hill. He began the North Carolina Conference of Superior Mr. LATOURETTE. Mr. Speaker, I practice of law in 1949 and practiced for Court Judges. During this time, he rep- yield myself as much time as I might over five decades. resented the conference on the North consume to congratulate the gen- His career included serving on the Carolina Policy and Sentencing Com- tleman from North Carolina (Mr. Congressional Committee on Intergov- mission. BUTTERFIELD) for his legislation today In the early days of Judge Small’s ernmental Relations, as county attor- and also to advise my friend from Ten- service as a trial judge, I appeared be- ney for Pasquotank County, and as nessee I have no further speakers and if fore him as a lawyer, representing both he is in the same position, I yield back judge of the Superior Court of the First civil and criminal clients. He was a Judicial District. Judge Small served the balance of my time. firm but fair judge, treating everyone Mr. COHEN. I join in congratulating as Senior Resident Judge for 17 years. who came before his court with re- I support this legislation and encour- the gentleman from North Carolina. spect. Mr. OBERSTAR. Mr. Speak, I rise in strong age my colleagues to do the same. And then Mr. Speaker, I had the Mr. Speaker, I reserve the balance of support of H.R. 1138, a bill to designate the privilege of being able to call Judge Federal building and United States courthouse my time. Small my judicial colleague. When I Mr. COHEN. Mr. Speaker, I yield located at 306 East Main Street, in Elizabeth was elected as a Superior Court Judge City, North Carolina, as the ‘‘J. Herbert W. such time as he may consume to the in 1988, Judge Small had preceded me honorable gentleman from North Caro- Small Federal Building and United States to the bench by several years. He wel- Courthouse’’. lina (Mr. BUTTERFIELD), the sponsor of comed me among the ranks of Superior J. Herbert W. Small is a life-long resident of the bill. Court Judges, and our friendship con- Elizabeth City, North Carolina. He is a grad- Mr. BUTTERFIELD. Mr. Speaker, let tinued to evolve. uate of the University of Virginia Engineering me first thank the gentleman from Mr. Speaker, Herb Small is a legal School, and the University of North Carolina Tennessee for yielding the time to me scholar; and our courts benefited in so Law School at Chapel Hill. He began prac- to speak to this very important piece many ways because of his intellect. ticing law in 1949 and continued in his chosen of legislation. Now, I am very proud to call Judge field for more than five decades. During his Mr. Speaker, I rise today to honor an Small a constituent. He is retired. He professional career, he was a member of the outstanding jurist and community is happily retired, living in Elizabeth First Judicial District Bar Association, the leader by seeking to name the Federal City, North Carolina, which is one of American Bar Association, and the North building in Elizabeth City, North Caro- my 23 communities in my congres- Carolina Bar Association. lina, as the J. Herbert Small Federal sional district. Herb Small is a trusted He began his career as Special Counsel to Building and United States Court- friend and a good adviser. the Congressional Committee on Intergovern- house. Judge Small served as chairman of mental Relations. Judge Small later served as I want to thank my good friend, the Albemarle Hospital Board of Direc- County Attorney for Pasquotank County. In Chairman OBERSTAR, and Ranking tors and as Chairman of the American 1979, Judge Small was elected Judge of Su- Member MICA for their outstanding Red Cross Chapter. He has been ac- perior Court of the First Judicial District and leadership in quickly moving this leg- tively engaged in other civic and chari- served as senior resident judge for 17 years. islation through their committee. I table and service organizations, includ- Judge Small is an active volunteer, serving on would also like to thank each member ing the Jaycees and the Boy Scouts the Board of Director of the Albemarle Hos- of the entire North Carolina delega- and Volunteer Firemen, Chamber of pital and the American Red Cross. He has re- tion, Democrat and Republican, for Commerce and the Rotary Club and the ceived numerous awards and honors from the their collective support of this impor- Elks Club and the Red Men and so on. Jaycees, the Boy Scouts, the Volunteer Fire- tant bill. He was given the Distinguished Service man, the Chamber of Commerce, and the Ro- Mr. Speaker, J. Herbert Small is a Award by the Jaycees, the Volunteer of tary and Elks clubs. Further, Judge Small was lifelong resident of Elizabeth City, the Year Award by the Chamber of a World War II veteran and served in the U.S. North Carolina. He has devoted 52 long Commerce, and the Order of the Long Navy for three years. years of his professional life to the Leaf Pine by the State of North Caro- lina for outstanding community in- Judge Small is an outstanding mentor and practice of law and to the administra- volunteer. For more than five decades, he has tion of justice in eastern North Caro- volvement. Very importantly, Mr. Speaker, dur- been an exceptional jurist and civic leader. It lina. is fitting and proper to honor his outstanding Herb Small began his law practice in ing World War II, Judge Small served 3 years in the United States Navy; and contributions with this designation. Elizabeth City in 1949 after graduating our country is proud of and thanks him I urge my colleagues to support the bill. from the School of Law at the Univer- for his service. Mr. COHEN. Mr. Speaker, I yield sity of North Carolina at Chapel Hill. Judge Small has been married to a back the balance of my time. He served as Special Counsel to the wonderful individual, Mrs. Annette The SPEAKER pro tempore. The Congressional Committee on Intergov- Ward Small, for many years. They have question is on the motion offered by ernmental Relations and later served 8 four children, Elizabeth, John Herbert, the gentleman from Tennessee (Mr. years as county attorney for the Coun- Fran and Carol; and they have nine COHEN) that the House suspend the ty of Pasquotank. grandchildren, Rachel, Matthew, John, rules and pass the bill, H.R. 1138. He was elected as district attorney Mary, Margaret, Ruth, Allison Katie, The question was taken; and (two- for the First Judicial District of North and Chris. thirds being in the affirmative) the Carolina for three consecutive terms. rules were suspended and the bill was During his tenure, he served as chair- b 1430 passed. man of the District Attorneys Advisory Mr. Speaker, I can think of no finer A motion to reconsider was laid on Committee, was President of the Dis- individual and no person who is more the table.

VerDate Aug 31 2005 02:10 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MR7.012 H26MRPT1 mstockstill on PROD1PC66 with HOUSE March 26, 2007 CONGRESSIONAL RECORD — HOUSE H3025 MARITIME POLLUTION ‘‘(ii) an emission control area designated ‘‘(2) The Administrator shall have author- PREVENTION ACT OF 2007 under section 4; or ity to administer regulations 12, 13, 14, 15, 16, ‘‘(iii) any other area that the Adminis- 17, 18, and 19 of Annex VI to the Convention. Mr. CUMMINGS. Mr. Speaker, I move trator, in consultation with the Secretary ‘‘(3) The Administrator shall, only as speci- to suspend the rules and pass the bill and each State in which any part of the area fied in section 8(f), have authority to enforce (H.R. 802) to amend the Act to Prevent is located, has designated by order as being Annex VI of the Convention.’’; Pollution from ships to implement an area from which emissions from ships are (2) in subsection (c), as redesignated, by re- MARPOL Annex VI, as amended. of concern with respect to protection of pub- designating paragraph (2) as paragraph (4), The Clerk read the title of the bill. lic health, welfare, or the environment; and and inserting after paragraph (1) the fol- The text of the bill is as follows: ‘‘(D) to the extent consistent with inter- lowing: national law, to any other ship that is in— ‘‘(2) In addition to the authority the Sec- H.R. 802 ‘‘(i) the exclusive economic zone of the retary has to prescribe regulations under Be it enacted by the Senate and House of Rep- United States; this Act, the Administrator shall also pre- resentatives of the United States of America in ‘‘(ii) the navigable waters of the United scribe any necessary or desired regulations Congress assembled, States; to carry out the provisions of regulations 12, SECTION 1. SHORT TITLE. ‘‘(iii) an emission control area designated 13, 14, 15, 16, 17, 18, and 19 of Annex VI to the This Act may be cited as the ‘‘Maritime under section 4; or Convention. Pollution Prevention Act of 2007’’. ‘‘(iv) any other area that the Adminis- ‘‘(3) In prescribing any regulations under SEC. 2. REFERENCES. trator, in consultation with the Secretary this section, the Secretary and the Adminis- Wherever in this Act an amendment or re- and each State in which any part of the area trator shall consult with each other, and peal is expressed in terms of an amendment is located, has designated by order as being with respect to regulation 19, with the Sec- to or a repeal of a section or other provision, an area from which emissions from ships are retary of the Interior.’’; and the reference shall be considered to be made of concern with respect to protection of pub- (3) by adding at the end of subsection (c), to a section or other provision of the Act to lic health, welfare, or the environment.’’; as redesignated, the following: Prevent Pollution from Ships (33 U.S.C. 1901 (2) in subsection (b)— ‘‘(5) No standard issued by any person or et seq.). (A) in paragraph (1) by striking ‘‘paragraph Federal authority, with respect to emissions SEC. 3. DEFINITIONS. (2)’’ and inserting ‘‘paragraphs (2) and (3)’’; from tank vessels subject to regulation 15 of Section 2(a) (33 U.S.C. 1901(a)) is amended— and Annex VI to the Convention, shall be effec- (1) by redesignating the paragraphs (1) (B) by adding at the end the following: tive until 6 months after the required notifi- through (12) as paragraphs (2) through (13), ‘‘(3) With respect to Annex VI the Adminis- cation to the International Maritime Organi- respectively; trator, or the Secretary, as relevant to their zation by the Secretary.’’. (2) by inserting before paragraph (2) (as so authorities pursuant to this Act, may deter- SEC. 6. CERTIFICATES. redesignated) the following: mine that some or all of the requirements Section 5 (33 U.S.C. 1904) is amended— ‘‘(1) ‘Administrator’ means the Adminis- under this Act shall apply to one or more (1) in subsection (a) by striking ‘‘The Sec- trator of the Environmental Protection classes of public vessels, except that such a retary’’ and inserting ‘‘Except as provided in Agency.’’; determination by the Administrator shall section 4(b)(1), the Secretary’’; (3) in paragraph (5) (as so redesignated) by have no effect unless the head of the Depart- (2) in subsection (b) by striking ‘‘Secretary striking ‘‘and V’’ and inserting ‘‘V, and VI’’; ment or agency under which the vessels op- under the authority of the MARPOL pro- (4) in paragraph (6) (as so redesignated) by erate concurs in the determination. This tocol.’’ and inserting ‘‘Secretary or the Ad- striking ‘‘ ‘discharge’ and ‘garbage’ and paragraph does not apply during time of war ministrator under the authority of this ‘harmful substance’ and ‘incident’’’ and in- or during a declared national emergency.’’; Act.’’; and serting ‘‘ ‘discharge’, ‘emission’, ‘garbage’, (3) by redesignating subsections (c) (3) in subsection (e) by striking ‘‘environ- ‘harmful substance’, and ‘incident’’’; and through (g) as subsections (d) through (h), ment.’’ and inserting ‘‘environment or the (5) by redesignating paragraphs (7) through respectively, and inserting after subsection public health and welfare.’’. (13) (as redesignated) as paragraphs (8) (b) the following: SEC. 7. RECEPTION FACILITIES. through (14), respectively, and inserting ‘‘(c) APPLICATION TO OTHER PERSONS.—This Section 6 (33 U.S.C. 1905) is amended— after paragraph (6) (as redesignated) the fol- Act shall apply to all persons to the extent (1) in subsection (a) by adding at the end lowing: necessary to ensure compliance with Annex the following: ‘‘(7) ‘navigable waters’ includes the terri- VI to the Convention.’’; and ‘‘(3) The Secretary and the Administrator, torial sea of the United States (as defined in (4) in subsection (e), as redesignated— after consulting with appropriate Federal Presidential Proclamation 5928 of December (A) by inserting ‘‘or the Administrator, agencies, shall jointly prescribe regulations 27, 1988) and the internal waters of the consistent with section 4 of this Act,’’ after setting criteria for determining the ade- United States;’’. ‘‘Secretary’’; quacy of reception facilities for receiving SEC. 4. APPLICABILITY. (B) by striking ‘‘of section (3)’’ and insert- ozone depleting substances, equipment con- Section 3 (33 U.S.C. 1902) is amended— ing ‘‘of this section’’; and taining such substances, and exhaust gas (1) in subsection (a)— (C) by striking ‘‘Protocol, including regu- cleaning residues at a port or terminal, and (A) by striking ‘‘and’’ at the end of para- lations conforming to and giving effect to stating any additional measures and require- graph (3); the requirements of Annex V’’ and inserting ments as are appropriate to ensure such ade- (B) by striking the period at the end of ‘‘Protocol (or the applicable Annex), includ- quacy. Persons in charge of ports and termi- paragraph (4) and inserting ‘‘; and’’; and ing regulations conforming to and giving ef- nals shall provide reception facilities, or en- (C) by adding at the end the following: fect to the requirements of Annex V and sure that reception facilities are available, ‘‘(5) with respect to Annex VI to the Con- Annex VI’’. in accordance with those regulations. The vention, and other than with respect to a Secretary and the Administrator may joint- SEC. 5. ADMINISTRATION AND ENFORCEMENT. ship referred to in paragraph (1)— ly prescribe regulations to certify, and may ‘‘(A) to a ship that is in a port, shipyard, Section 4 (33 U.S.C. 1903) is amended— issue certificates to the effect, that a port’s offshore terminal, or the internal waters of (1) by redesignating subsections (b) and (c) or terminal’s facilities for receiving ozone the United States; as subsections (c) and (d), respectively, and depleting substances, equipment containing ‘‘(B) to a ship that is bound for, or depart- inserting after subsection (a) the following: such substances, and exhaust gas cleaning ing from, a port, shipyard, offshore terminal, ‘‘(b) DUTY OF THE ADMINISTRATOR.—In addi- residues from ships are adequate.’’; or the internal waters of the United States, tion to other duties specified in this Act, the (2) in subsection (b) by inserting ‘‘or the and is in— Administrator and the Secretary, respec- Administrator’’ after ‘‘Secretary’’; ‘‘(i) the navigable waters of the United tively, shall have the following duties and (3) in subsection (e) by striking paragraph States; authorities: (2) and inserting the following: ‘‘(ii) an emission control area designated ‘‘(1) The Administrator shall, and no other ‘‘(2) The Secretary may deny the entry of pursuant to section 4; or person may, issue Engine International Air a ship to a port or terminal required by the ‘‘(iii) any other area that the Adminis- Pollution Prevention certificates in accord- MARPOL Protocol, this Act, or regulations trator, in consultation with the Secretary ance with Annex VI and the International prescribed under this section relating to the and each State in which any part of the area Maritime Organization’s Technical Code on provision of adequate reception facilities for is located, has designated by order as being Control of Emissions of Nitrogen Oxides garbage, ozone depleting substances, equip- an area from which emissions from ships are from Marine Diesel Engines, on behalf of the ment containing those substances, or ex- of concern with respect to protection of pub- United States for a vessel of the United haust gas cleaning residues, if the port or lic health, welfare, or the environment; States as that term is defined in section 116 terminal is not in compliance with the ‘‘(C) to a ship that is entitled to fly the of title 46, United States Code. The issuance MARPOL Protocol, this Act, or those regula- flag of, or operating under the authority of, of Engine International Air Pollution Pre- tions.’’; a party to Annex VI, and is in— vention certificates shall be consistent with (4) in subsection (f)(1) by striking ‘‘Sec- ‘‘(i) the navigable waters of the United any applicable requirements of the Clean Air retary is’’ and inserting ‘‘Secretary and the States; Act or regulations prescribed under that Act. Administrator are’’; and

VerDate Aug 31 2005 02:10 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MR7.014 H26MRPT1 mstockstill on PROD1PC66 with HOUSE H3026 CONGRESSIONAL RECORD — HOUSE March 26, 2007 (5) in subsection (f)(2) by striking ‘‘(A)’’. The Maritime Pollution Prevention lishes specific limits on the sulfur con- SEC. 8. INSPECTIONS. Act of 2007, H.R. 802, would institute tent of fuel oil used in ships. Section 8(f) (33 U.S.C. 1907(f)) is amended to the legal changes needed to bring the The measure before us today, H.R. read as follows: United States into compliance with the 802, is a bipartisan measure that would ‘‘(f)(1) The Secretary may inspect a ship to International Convention for the Pre- bring United States law into compli- which this Act applies as provided under sec- ance with the requirements of tion 3(a)(5), to verify whether the ship is in vention of Pollution from Ships, the compliance with Annex VI to the Convention MARPOL Convention Annex VI. MARPOL Annex VI. The substitute and this Act. MARPOL Annex VI limits the emis- amendment clarifies that the MARPOL ‘‘(2) If an inspection under this subsection sions from ships of sulfur oxide and ni- Annex VI amendments apply only to or any other information indicates that a trogen oxide, which are ozone-deplet- vessels in the United States’ exclusive violation has occurred, the Secretary, or the ing substances. The Annex VI treaty economic zone once Annex VI becomes Administrator in a matter referred by the was ratified by the Senate in April 2006 customary maritime law. Secretary, may undertake enforcement ac- and came into force internationally in The amendment also requires the tion under this section. EPA to consult with a State when es- ‘‘(3) Notwithstanding subsection (b) and May of 2006. paragraph (2) of this subsection, the Admin- According to the United States De- tablishing an emission area and re- istrator shall have all of the authorities of partment of Transportation, ocean- quires that regulations regarding re- the Secretary, as specified in subsection (b) going ships transport 80 percent by ception facilities be jointly prescribed of this section, for the purposes of enforcing weight of all goods and services moved by the Environmental Protection regulations 17 and 18 of Annex VI to the Con- into and out of the United States. The Agency and the United States Coast vention to the extent that shoreside viola- volume of trade through U.S. ports is Guard. Through our participation in tions are the subject of the action and in any only expected to increase. Annex VI, the United States will con- other matter referred to the Administrator In fact, the United States Maritime tribute to a global effort to control a by the Secretary.’’. Administration estimates that the large source of ozone-depleting emis- SEC. 9. AMENDMENTS TO THE PROTOCOL. total volume of trade handled by Section 10(b) (33 U.S.C. 1909(b)) is amended sions that has been virtually unregu- by inserting ‘‘or the Administrator as pro- United States ports will double in the lated to this point. vided for in this Act,’’ after ‘‘Secretary,’’. next 15 years. Unfortunately, the ships Mr. Speaker, our natural resources SEC. 10. PENALTIES. on which we rely to carry the trade are our most precious gifts, and we are Section 9 (33 U.S.C. 1908) is amended— that keeps our economy growing re- merely the stewards of these resources, (1) by striking ‘‘Protocol,,’’ each place it lease excessive amounts of pollution. responsible for preserving them for appears and inserting ‘‘Protocol,’’; In fact, according to a very dis- generations yet unborn. (2) in subsection (b)— turbing study released just last week When you go into Sea World and Dis- (A) by inserting ‘‘, or the Administrator as by the International Council on Clean ney World, one of the things the signs provided for in this Act’’ after ‘‘Secretary’’ Transportation, the sulfur oxide emis- that are written there say, ‘‘We do not the first place it appears; sions from ocean-going ships may ex- inherit our environment from our par- (B) in paragraph (2), by inserting ‘‘, or the Administrator as provided for in this Act,’’ ceed the total amount of such emis- ents; we borrow it from our children.’’ after ‘‘Secretary’’; and sions produced by cars, trucks and I applaud Chairman OBERSTAR for his (C) in the matter after paragraph (2)— buses in the world. Further, the Inter- outstanding leadership on this issue (i) by inserting ‘‘, or the Administrator as national Maritime Organization, also and for his commitment to imple- provided for in this Act’’ after ‘‘Secretary’’ known as IMO, estimates that as much menting measures that will help us the first place it appears; and as 80 percent of all ship emissions may combat the release of emissions from (ii) by inserting ‘‘, or the Administrator as be released within 250 miles of shore. mobile sources that are contributing to provided for in this Act,’’ after ‘‘Secretary’’ That means that much of the pollu- global warming. the second and third places it appears; tion emitted by ships is affecting the (3) in subsection (c), by inserting ‘‘, or the I also thank our ranking member, Administrator as provided for in this Act,’’ residents of port communities such as the very distinguished gentleman, Con- after ‘‘Secretary’’ each place it appears; and my hometown of Baltimore. The emis- gressman MICA, and the ranking mem- (4) in subsection (f), by inserting ‘‘, or the sions of sulfur oxide from ships are also ber of our subcommittee on Coast Administrator as provided for in this Act’’ high because the bunker fuel used in Guard and Maritime Transportation, after ‘‘Secretary’’ the first place appears. ships may contain as much as 3 percent Congressman LATOURETTE, for their SEC. 11. EFFECT ON OTHER LAWS. sulfur content by weight, or an as- leadership in helping us to get this Section 15 (33 U.S.C. 1911) is amended to tounding 28,000 parts per million of sul- very, very important bill to the floor of read as follows: fur. the House so that we can send it on to ‘‘SEC. 15. EFFECT ON OTHER LAWS. By comparison, the new ultralow sul- the Senate. ‘‘Authorities, requirements, and remedies fur diesel fuel that is mandated for use Mr. Speaker, I reserve the balance of of this Act supplement and neither amend in trucks in most of the United States my time. nor repeal any other authorities, require- ments, or remedies conferred by any other is not allowed to contain more than 15 Mr. LATOURETTE. Mr. Speaker, I provision of law. Nothing in this Act shall parts per million of sulfur. Given the yield myself such time as I may con- limit, deny, amend, modify, or repeal any nature of shipping, it is not possible for sume. other authority, requirement, or remedy any single nation to unilaterally regu- Mr. Speaker, I rise in support of H.R. available to the United States or any other late emissions produced by ships. 802, the Maritime Pollution Prevention person, except as expressly provided in this Instead, regulations applied to ocean- Act of 2007. H.R. 802 was introduced by Act.’’. going vessels are usually developed our full committee chairman, Jim The SPEAKER pro tempore. Pursu- through negotiations conducted by Oberstar, and is similar language that ant to the rule, the gentleman from IMO, a specialized agency of the United was approved by voice vote in the Maryland (Mr. CUMMINGS) and the gen- Nations responsible for developing House during the last Congress. I say tleman from Ohio (Mr. LATOURETTE) multinational conventions regulating ‘‘similar to’’ because there are some each will control 20 minutes. international shipping. differences, and we noted those dif- The Chair recognizes the gentleman The member states of IMO developed ferences at the time of the markup of from Maryland. the International Convention for the this legislation. Mr. CUMMINGS. Mr. Speaker, I yield Prevention of Pollution from Ships I want to thank the chairman of the myself such time as I may consume. treaty, known as MARPOL, which was full committee, Mr. OBERSTAR, and I As the chairman of the Coast Guard adopted in 1973. This groundbreaking also want to thank the distinguished and Maritime Transportation Sub- convention has already successfully chairman of our subcommittee, Mr. committee, I am pleased that the first limited all pollution and pollution CUMMINGS, for working with me and piece of maritime legislation to be from ships’ garbage and sewage. The others on my side of the aisle to ad- brought to the floor by the Committee most recent annex to MARPOL conven- dress our concerns with the introduced on Transportation and Infrastructure tion, Annex VI, sets limits on emis- version of the bill. is a bill that will enable us to combat sions from ships of sulfur oxide and ni- The bill will implement international pollution emitted by ships. trogen oxide. This annex also estab- requirements for air emissions from

VerDate Aug 31 2005 02:10 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MR7.004 H26MRPT1 mstockstill on PROD1PC66 with HOUSE March 26, 2007 CONGRESSIONAL RECORD — HOUSE H3027 ships for purposes of U.S. law. Under European Parliament Transport Com- implement Annex VI or other regula- this bill, the Coast Guard and the Envi- mittee to discuss this issue and other tions under the Act to Prevent Pollu- ronmental Protection Agency will be issues including emissions from air- tion from Ships? required to develop regulations that es- craft at altitude, which are the subject Mr. CUMMINGS. The gentleman is tablish standards for emissions of of the ongoing discussions in the inter- absolutely correct. ozone-depleting substances and other national community on emissions trad- Mr. LATOURETTE. I thank the pollutants as well as marine fuel oil ing and steps that the international chairman very much for his response. quality that are used in U.S. waters. I community together can take to re- And, again, my congratulations to both am happy to see that we are consid- duce impact on factors that are accel- chairmen, the chairman of the full ering this legislation that will reduce erating global climate change. committee, Mr. OBERSTAR, and the our emissions from vessels operating in This legislation, in other words, is chairman of the subcommittee, Mr. U.S. waters this early in the year. not just a relatively noncontroversial CUMMINGS, for bringing this legislation Again, I want to thank Chairman matter that we attempted to accom- forward. And, again, my thanks for OBERSTAR and Chairman CUMMINGS for plish in the last Congress; but for var- working with us to make the slight im- working with us to improve the bill. I ious reasons, we were not able to do so provements to the bill. urge our colleagues to support this bill. with the other body. But this is one Mr. Speaker, I yield back the balance Mr. Speaker, I reserve the balance of step in a global issue of international of my time. my time. concern that brings the United States Mr. CUMMINGS. Mr. Speaker, I yield Mr. CUMMINGS. Mr. Speaker, I am and its maritime partners into co- myself such time as I may consume. very pleased to yield to the distin- operation on matters that involve air Again, I want to thank Chairman guished chairman of the Transpor- quality at sea. OBERSTAR and certainly Ranking Mem- tation Committee, Mr. OBERSTAR, such I want to thank the gentleman from ber MICA. But I also thank you very time as he may consume. Maryland, the chairman of the sub- much, Mr. LATOURETTE, for your co- Mr. OBERSTAR. I thank the gen- committee, for his diligent work, and operation in moving this bill along. tleman for yielding. I especially want Mr. LATOURETTE and Ranking Member Mr. Speaker, I yield 2 minutes to Mr. to thank the chairman of the Sub- MICA for their participation and work- OBERSTAR. committee on Coast Guard and Mari- ing with us to bring this legislation to Mr. OBERSTAR. Mr. Speaker, al- time Affairs for his leadership, absorb- the floor. I hope that the other body though it has been discussed previously ing so quickly in such a short period of will cooperate promptly and move this before I reached the Chamber, I just time the complexities under the juris- bill to the President. want to be sure to emphasize the im- diction of this subcommittee. I also We have incorporated recommenda- portant change to allow EPA to en- would like to express my appreciation tions by the administration in this leg- force the standards in addition to the to the gentleman from Ohio (Mr. islation to accommodate their inter- Coast Guard. These are changes re- LATOURETTE) for his partnership and ests. quested by the administration. The working so diligently to bring this im- Coast Guard acknowledging that EPA 1445 portant legislation to the floor. b has far more experience than does the Mr. Speaker, this is an international Mr. LATOURETTE. Mr. Speaker, I Coast Guard on air quality emission issue. In fact, just moments ago, just yield myself such time as I might con- standards. before arriving to the floor, I had a sume for the purposes of engaging in a It is important for EPA to develop meeting with a representative of the colloquy with the distinguished chair- standards jointly with the Coast Guard transportation ministry of the Euro- man of the subcommittee. because, on the Coast Guard side, they pean Union. He is the deputy in charge Chairman CUMMINGS, if I could clar- have more knowledge and under- of the Transport Ministry of the Euro- ify, through this colloquy, the lan- standing and expertise in vessel safety pean Union, and we were discussing the guage that was included in sections 4 issues that have to be incorporated MARPOL legislation and the need for and 5. into any air quality emission standards international participation and co- First, section 4 authorizes the Envi- that may be promulgated. operation on these issues. ronmental Protection Agency, in con- I want to emphasize this role of EPA, In fact, the European Transport Min- sultation with the Coast Guard, to des- an important step forward, and I am istry has established a new section ignate special areas where vessels very pleased the administration was dealing with maritime pollution issues would be required to comply with ves- emphatic in asking for an EPA role, which go beyond that of the subject of sel emission regulations under Annex and Coast Guard similarly has been this legislation to include pollution at VI to the MARPOL Convention. This very insistent on including EPA in this sea from accidents to maritime vessels, section also directs the EPA to consult process. I think this will, overall, the first most serious of which was the with a State if such an area is estab- strengthen the result of the legislation Torrey Canyon disaster in the English lished in an area that is under the ju- that we are considering today. Channel in 1967, which alerted all of risdiction of that State. Mr. Speaker, I rise today to strongly support the maritime sector to the need for Is it the chairman’s understanding H.R. 802, the ‘‘Maritime Pollution Prevention double-hulled vessels, to the need for that the committee does not intend to Act of 2007’’. The gentleman from Maryland, international standards on shipping. require the agencies to consult with a Mr. CUMMINGS, and I introduced this legislation We have moved beyond the water pol- State or to give a State any authority in February to provide the U.S. Coast Guard lution issue, ocean pollution issue, over a special area that is not wholly and the Environmental Protection Agency which continues to be a matter of great established outside of the three or, in (‘‘EPA’’) with the legal authority they need to concern, to that of air pollution, which some cases, nine nautical mile belt of implement Annex VI of the International Con- is the subject of this legislation, the waters that fall within the jurisdiction vention for the Prevention of Pollution from discharge of nitrogen oxides from mari- of a State? Ships. time diesel engines, the sulfur content Mr. CUMMINGS. The gentleman is Global climate change is a critical issue, not of diesel fuel, ozone-depleting sub- absolutely correct. only for the United States, but for every man, stances, volatile organic compounds Mr. LATOURETTE. I thank the woman, and child that live on this planet and standards for shipboard inciner- chairman. called Earth. The international maritime com- ators, fuel oil quality, platforms for Additionally, Mr. Chairman, section munity has recognized this problem and devel- drill rigs at sea. All of these are the 5 of the bill grants the EPA certain au- oped an international convention to help ad- subject of this legislation and of the thorities to establish, administer and dress air pollutants from diesel ships. International Maritime Pollution Con- enforce regulations to implement For many years, the International Maritime vention. MARPOL Annex VI. Is it the chair- Organization, an organization of the United At the beginning of next week, our man’s understanding that this lan- Nations, has been developing international committee will travel to Brussels to guage does not replace or reduce the standards to prevent pollution from ships that meet with members of the European Coast Guard’s parallel authorities to ply the world’s oceans. The international con- Transport Ministry and members of the administer and enforce regulations to vention is called the International Convention

VerDate Aug 31 2005 02:10 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 7634 Sfmt 9920 E:\CR\FM\K26MR7.016 H26MRPT1 mstockstill on PROD1PC66 with HOUSE H3028 CONGRESSIONAL RECORD — HOUSE March 26, 2007 for the Prevention of Pollution from Ships, I would like to take the opportunity to thank service delivery, research, education, and 1973. The United States has implemented our new Chairman of the Subcommittee on legislative advocacy: Now, therefore, be it these environmental laws by enacting and Coast Guard and Maritime Transportation, Mr. Resolved, That the House of Representa- amending the Act to Prevent Pollution from tives— CUMMINGS, for his help in developing this bill. (1) supports the goals and ideals of Profes- Ships (‘‘APPS’’). I strongly urge my colleagues to support sional Social Work Month and World Social On May 19, 2005, Annex VI of that Conven- passage of H.R. 802, the Maritime Pollution Work Day; tion came into force internationally. Annex VI Prevention Act of 2007. (2) acknowledges the diligent efforts of in- limits the discharge of nitrogen oxides from Mr. CUMMINGS. Mr. Speaker, I yield dividuals and groups who promote the impor- large marine diesel engines, governs the sul- back the balance of my time. tance of social work and who are observing fur content of marine diesel fuel, prohibits the The SPEAKER pro tempore. The Professional Social Work Month and World emission of ozone-depleting substances, regu- question is on the motion offered by Social Work Day; lates the emission of volatile organic com- the gentleman from Maryland (Mr. (3) encourages the American people to en- pounds during the transfer of cargoes between gage in appropriate ceremonies and activi- CUMMINGS) that the House suspend the ties to further promote awareness of the life- tankers and terminals, sets standards for ship- rules and pass the bill, H.R. 802, as changing role of social workers; board incinerators and fuel oil quality, and es- amended. (4) recognizes with gratitude the contribu- tablishes requirements for platforms and drill- The question was taken. tions of the millions of caring individuals ing rigs at sea. In April 2006, the Senate rati- The SPEAKER pro tempore. In the who have chosen to serve their communities fied this treaty by unanimous consent. opinion of the Chair, two-thirds being through social work; and H.R. 802 is the necessary implementing leg- in the affirmative, the ayes have it. (5) encourages young people to seek out islation for Annex VI of that Convention. This Mr. CUMMINGS. Mr. Speaker, on educational and professional opportunities to become social workers. legislation will give the Coast Guard and the that I demand the yeas and nays. Environmental Protection Agency the authority The yeas and nays were ordered. The SPEAKER pro tempore. Pursu- they need to develop the U.S. standards and The SPEAKER pro tempore. Pursu- ant to the rule, the gentlewoman from to enforce these requirements on the thou- ant to clause 8 of rule XX and the New Hampshire (Ms. SHEA-PORTER) and sands of U.S.- and foreign-flag vessels that Chair’s prior announcement, further the gentleman from Tennessee (Mr. enter the United States each year from over- proceedings on this question will be DAVID DAVIS) each will control 20 min- seas. postponed. utes. Everyone here recognizes the challenge The Chair recognizes the gentle- that the world faces in combating global cli- f woman from New Hampshire. mate change. We must pursue all avenues in GENERAL LEAVE GENERAL LEAVE the effort to turn around the rising tempera- Mr. CUMMINGS. Mr. Speaker, I ask Ms. SHEA-PORTER. Mr. Speaker, I tures on this planet. I am pleased that the unanimous consent that all Members request 5 legislative days during which International Maritime Organization stepped up may have 5 legislative days in which to Members may insert material relevant to the plate and developed amendments to the revise and extend their remarks on to House Resolution 266 into the International Convention for the Prevention of H.R. 802. RECORD. Pollution from Ships to regulate air pollution The SPEAKER pro tempore. Is there The SPEAKER pro tempore. Is there from ships. objection to the request of the gen- objection to the request of the gentle- Last year, the Committee on Transportation woman from New Hampshire? and Infrastructure reported H.R. 5811, the tleman from Maryland? There was no objection. There was no objection. MARPOL Annex VI Implementation Act of Ms. SHEA-PORTER. Mr. Speaker, I f 2006, favorably to the House. This bill was yield myself such time as I may con- subsequently added to H.R. 5681, the Coast SUPPORTING THE GOALS AND sume. Guard Authorization Act of 2006, and passed IDEALS OF PROFESSIONAL SO- (Ms. SHEA-PORTER asked and was the House on October 28, 2006. CIAL WORK MONTH AND WORLD given permission to revise and extend H.R. 802 is very similar to H.R. 5811, but in- SOCIAL WORK DAY her remarks.) cludes changes to allow the EPA to enforce Ms. SHEA-PORTER. Mr. Speaker, I the standards, in addition to the Coast Guard. Ms. SHEA-PORTER. Mr. Speaker, I am pleased to rise today to offer House These changes were requested by the Admin- move to suspend the rules and agree to Resolution 266, which honors the dedi- istration. The Coast Guard acknowledges that the resolution (H. Res. 266) supporting the EPA has far more experience than they do the goals and ideals of Professional So- cation and compassion of professional on air quality emission standards. However, it cial Work Month and World Social social workers. Our highest calling as is important for the EPA to develop the stand- Work Day. humans is to provide service to others, ards jointly with Coast Guard because of the The Clerk read the title of the resolu- especially those less fortunate than Coast Guard’s expertise over vessel safety tion. ourselves. issues. The text of the resolution is as fol- At the turn of the 20th century, thou- During Committee consideration of the bill, lows: sands of people lived in despair and poverty, and it was the early progres- the Committee adopted an amendment in the H. RES. 266 sive moment in which the social work nature of a substitute that clarifies that Whereas social workers have the dem- MARPOL Annex VI will only apply to vessels onstrated education and experience to guide movement was born, providing food, in the United State’s 200-mile Exclusive Eco- individuals, families, and communities clothing, health care and education to nomic Zone when the Executive Branch deter- through complex issues and choices; the less fortunate. mines that MARPOL Annex VI is customary Whereas social workers connect individ- Social workers had a role in civil international law. In addition, the amendment uals, families, and communities to available rights and in women’s freedom. Today, clarified that MARPOL Annex VI will not apply resources; social workers continue this fight to Whereas social workers are dedicated to to public vessels owned by the U.S. Govern- ensure that vulnerable families have improving the society in which we live; the support and the health care that ment until the head of the agency that oper- Whereas social workers are positive and ates the vessels agrees with the EPA Admin- compassionate professionals; they need. istrator that MARPOL VI should apply to that Whereas social workers stand up for others Social workers are everywhere in our agency’s vessels. to make sure everyone has access to the society, caring for all of us. They help The amendment in the nature of a substitute same basic rights, protections, and opportu- people in all stages of life, from chil- that the House considers today further clarifies nities; dren to the elderly, and in all situa- that the application of MARPOL VI to the U.S. Whereas social workers have been the driv- tions, from adoption to hospice care. Exclusive Economic Zone and territorial sea ing force behind important social move- You can find social workers in hos- takes effect when it becomes customary inter- ments in the United States and abroad; and pitals, police departments, mental Whereas Professional Social Work Month, health clinics, military facilities and national law; requires EPA to consult with a and World Social Work Day, which is March State when establishing an emission area; and 27, 2007, will build awareness of the role of corporations. requires the regulations regarding reception professional social workers and their com- Professional social workers are the facilities to be jointly prescribed by EPA and mitment and dedication to individuals, fami- Nation’s largest providers of mental the Coast Guard. lies, and communities everywhere though health care services. They provide

VerDate Aug 31 2005 02:10 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MR7.013 H26MRPT1 mstockstill on PROD1PC66 with HOUSE March 26, 2007 CONGRESSIONAL RECORD — HOUSE H3029 more mental health services than psy- In my State of Tennessee, we have a and professional opportunities as social chologists, psychiatrists and psy- long tradition of recognizing the vital workers where they can play a positive chiatric nurses combined. role of social workers. In 2005, the Ten- impact on changing people’s lives. More than 600,000 people in the nessee legislature, of which I was hon- Mr. Speaker, I urge my colleagues to United States hold social work degrees. ored to serve as a member for many join me in highlighting the contribu- The Veterans Administration employs years, passed important legislation tions of social workers and to support more than 4,400 social workers to assist which required social workers to have House Resolution 266. veterans and their families with indi- received a B.S. or master’s degree in Mr. Speaker, I reserve the balance of vidual and family counseling, client social work from an accredited school, my time. education, end-of-life planning, sub- received a doctorate or Ph.D. in social b 1500 stance abuse treatment, crisis inter- work, or have a specialized certificate vention and other services. or license from the State. Ms. SHEA-PORTER. Today we thank Mr. Speaker, I reserve the balance of As a society, we have come to trust all those who have toiled in the fields my time. that the people using a certain title of our community, including my ma- Mr. DAVID DAVIS of Tennessee. Mr. have completed specific training to ternal grandmother, who left the com- Speaker, I rise in support of House Res- prepare them for their work in assist- fort of her home each day at the turn olution 266. This resolution would rec- ing the public. Thanks to this legisla- of the century and went to the Lower ognize the important work of our Na- tion, Tennessee now ensures that posi- East Side to help immigrants. And we tion’s social workers and support the tions requiring the skills and training praise all of those who reach out to goals and ideals of Professional Social of professional social workers are filled others every day in their community. Worker Month and World Social Work- with fully qualified professionals. Social workers’ service makes our er Day. In addition, the East Tennessee State communities stronger. March is Na- Social work is a profession for those University Department of Social Work tional Professional Work Month, and with a strong desire to help improve has a long and proud history of pre- Tuesday, March 27 is World Social people’s lives and play a valuable role paring the majority of social workers Work Day. I honor their service and in the Nation’s health care system. So- in the region that I represent. In addi- thank them for caring for all of us each cial workers help people function the tion to providing high-quality edu- day. best way they can in their environ- cation to future social workers, the De- Mr. Speaker, I yield back the balance ment, deal with their relationships, partment hosts a Social Work Career of my time. and solve personal and family prob- Day where students, community agen- Mr. DAVID DAVIS of Tennessee. Mr. lems. Speaker, I yield back the balance of Social workers often see clients who cies and practitioners come together and share educational experience and my time. face life-threatening disease or social The SPEAKER pro tempore. The problems such as inadequate housing, information on a career in social work. Students and faculty are also involved question is on the motion offered by unemployment, a serious illness, a dis- the gentlewoman from New Hampshire ability, or substance abuse. Social in a number of community based inter- disciplinary learning and service ac- (Ms. SHEA-PORTER) that the House sus- workers also assist families that have pend the rules and agree to the resolu- serious domestic conflicts, sometimes tivities. According to the United States De- tion, H. Res. 266. involving a child or spousal abuse. The question was taken. For example, child, family and school partment of Labor, the need for addi- The SPEAKER pro tempore. In the social workers provide social services tional social workers is expected to in- opinion of the Chair, two-thirds being and assistance to improve the social crease faster than the average of all in the affirmative, the ayes have it. and psychological functioning of chil- other occupations through the year Ms. SHEA-PORTER. Mr. Speaker, on dren and their families and to maxi- 2014 due to the rapidly growing elderly that I demand the yeas and nays. mize the family well-being and aca- population which is expected to create The yeas and nays were ordered. demic functioning of children. They as- greater demand for health and social The SPEAKER pro tempore. Pursu- sist single parents, arrange adoption, careers. The growth in social work is or help find foster homes for neglected, expected to occur most rapidly in home ant to clause 8 of rule XX and the abandoned or abused children. health care services, assisted living and Chair’s prior announcement, further In schools, they address problems senior living communities and the proceedings on this question will be such as teenage misbehavior and tru- school setting. In addition, there is ex- postponed. ancy and advise teachers on how they pected to be a significant need for f can cope with problem students. Social those social workers specializing in DISADVANTAGED BUSINESS workers also specialize in services for substance abuse. DISASTER ELIGIBILITY ACT Nearly 50 percent of the United senior citizens, running support groups ´ for family caregivers or for the adult States population, age 15 to 54, report Ms. VELAZQUEZ. Mr. Speaker, I children of aging parents, advising el- having at least one psychiatric dis- move to suspend the rules and pass the derly people or family members about order. Both severe and persistent men- bill (H.R. 1468) to ensure that, for each choices in areas such as housing, trans- tal disorders, including addictions, small business participating in the 8(a) portation, and long-term care and co- have profound consequences for indi- business development program that ordination and monitoring of these viduals, their families and society, af- was affected by Hurricane Katrina of services. fecting their ability to learn, to grow 2005, the period in which it can partici- Through employee assistance pro- into healthy adults and to nurture pate is extended by 18 months, as grams, they may help workers cope children, to work and secure housing amended. with job-related pressures or with per- and to engage in other routines of liv- The Clerk read the title of the bill. sonal problems that affect the quality ing. Recognizing the prevalence of The text of the bill is as follows: of their work. mental disorders and the cost they H.R. 1468 Medical and public health social exact on our society, social workers Be it enacted by the Senate and House of Rep- workers provide persons, families, and provide more than 40 percent of all resentatives of the United States of America in vulnerable populations with psycho- mental health services available to Congress assembled, social support needed to cope with Americans, making them an integral SECTION 1. SHORT TITLE. chronic, acute and terminal illnesses part of our Nation’s health care deliv- This Act may be cited as the ‘‘Disadvan- such as Alzheimer’s disease and cancer. ery system. taged Business Disaster Eligibility Act’’. They also assess and treat individuals So we stand here to recognize the im- SEC. 2. EXTENSION OF PARTICIPATION TERM with mental illness or substance abuse, portance of our Nation’s social workers FOR VICTIMS OF HURRICANE KATRINA. including abuse of alcohol, tobacco and and support the Professional Social (a) RETROACTIVITY.—If a small business other drugs. They also may help plan Work Month and World Social Work concern, while participating in any program for supportive services to ease patients’ Day. We also stand to encourage more or activity under the authority of paragraph return into the community. young adults to seek out educational (10) of section 7(j) of the Small Business Act

VerDate Aug 31 2005 04:47 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MR7.021 H26MRPT1 mstockstill on PROD1PC66 with HOUSE H3030 CONGRESSIONAL RECORD — HOUSE March 26, 2007 (15 U.S.C. 636(j)), was located in a parish or tured to respond to companies that in excess of 1,600 people, destroyed county described in subsection (b) and was have been victimized by disasters. more than 200,000 gulf coast homes, and affected by Hurricane Katrina of 2005, the pe- This bill is targeted and narrow. It displaced more than 1 million of our riod during which the small business concern applies only to 8(a) program partici- fellow Americans. Starting a new busi- is permitted continuing participation and eligibility in such program or activity shall pants in Alabama, Mississippi, or Lou- ness is challenging under normal cir- be extended for an additional 18 months. isiana that were impacted by this dis- cumstances. Only two-thirds of them (b) PARISHES AND COUNTIES COVERED.—Sub- aster. At most, this represents barely 4 make it through their first 2 years. section (a) applies to any parish in the State percent of all 8(a) participants. Eight- And needless to say, the devastation of Louisiana, or any county in the State of een months is not a significant amount along the gulf coast compounds this Mississippi or in the State of Alabama, that of time, but it could play a major role difficulty exponentially. has been designated by the Administrator of in ensuring that these businesses are This legislation provides some addi- the Small Business Administration as a dis- tional time for those businesses facing aster area by reason of Hurricane Katrina able to participate in the rebuilding of under disaster declaration 10176, 10177, 10178, their home States. the 9-year participation deadline pro- 10179, 10180, or 10181. I urge support of this bill. vided for in the 8(a) program to get (c) REVIEW AND COMPLIANCE.—The Admin- Mr. Speaker, I reserve the balance of back on their feet. Nothing in the istrator of the Small Business Administra- my time. Small Business Act currently allows tion shall ensure that the case of every small Mr. CHABOT. Mr. Speaker, I yield for an extension of participation as a business concern participating before the myself such time as I may consume. result of extraordinary circumstances date of the enactment of this Act in a pro- Mr. Speaker, I rise in support of H.R. such as those created by Hurricane gram or activity covered by subsection (a) is 1468, the Disadvantaged Business Dis- reviewed and brought into compliance with Katrina. this section. aster Eligibility Act. This legislation, For business owners that may not as the chairwoman indicated, would The SPEAKER pro tempore. Pursu- have had access to their businesses or simply extend for 18 months the period ant to the rule, the gentlewoman from their customers for months, the rigid- of time that 8(a) Small Business Devel- ity of the Small Business Act seems New York (Ms. VELA´ ZQUEZ) and the opment Program participants who en- unduly harsh. An additional 18 months gentleman from Ohio (Mr. CHABOT) rolled in the program prior to August each will control 20 minutes. of assistance to firms who face an up- The Chair recognizes the gentle- 29 of 2005 could stay in the program by hill battle before the storms hit who woman from New York. 18 months if they had their businesses are now hanging on by a thread after primarily located in the area dev- GENERAL LEAVE the storms have passed is truly the astated by Hurricane Katrina. Ms. VELA´ ZQUEZ. Mr. Speaker, I ask least that we can do. The 8(a) Small Business Development unanimous consent that all Members Today I encourage my colleagues to Program, administered by the Small may have 5 legislative days to revise support this necessary legislation. Business Administration, provides a Mr. Speaker, I reserve the balance of and extend their remarks and include useful mechanism for aspiring entre- my time. extraneous material on the bill under preneurs and existing small business Ms. VELA´ ZQUEZ. Mr. Speaker, I consideration. yield such time as he may consume to The SPEAKER pro tempore. Is there owners who, for social or economic rea- the gentleman from Louisiana (Mr. objection to the request of the gentle- sons, may not have the same opportu- JEFFERSON). woman from New York? nities other small business owners have There was no objection. had and face challenging barriers to Mr. JEFFERSON. I thank the gentle- Ms. VELA´ ZQUEZ. Mr. Speaker, I their success. woman for yielding, and I am pleased yield myself such time as I may con- Entrepreneurs who participate in the to sponsor H.R. 1468, the Disadvantaged sume. 8(a) program undergo an extensive 9- Business Disaster Eligibility Act. I Mr. Speaker, Hurricane Katrina year process, where they obtain spe- would like to thank Chairwoman forced evacuation of individuals and cialized business training, counseling, VELA´ ZQUEZ as well as Ranking Member business owners who are only recently marketing assistance, and high-level CHABOT for their leadership in com- recovering and rebuilding. Clearly, executive development. They also re- mittee on this important bill. I would through no fault of their own, these ceive additional help in the form of also like to thank the other members firms have been disrupted. low-interest loans, access to govern- of the committee for voting in a bipar- A number of these businesses are par- ment surplus office equipment, and tisan spirit to bring this measure to ticipants in the SBA’s 8(a) program, bonding assistance. the floor in an expeditious manner. the primary way that minority entre- The Small Business Development This bill provides that if a small preneurs enter the Federal market- Program provides many of the tools business affected by Hurricane Katrina place. 8(a) is a business development needed for any small business to suc- that participates in any section 8(a) initiative, and that is what the compa- ceed. Most significantly, the program business development program, the eli- nies in the gulf region need right now. assists these entrepreneurs in obtain- gibility period for its participation in Because of the magnitude of the dis- ing Federal Government contracts as a such program is extended by 18 aster, these companies need additional base from which to grow their busi- months. time in the 8(a) program. This will nesses. Given the devastation to the The 8(a) program was designed as a 9- counterbalance the period of inoper- gulf coast region by Hurricane Katrina, year business development program ability these firms experienced due to access to Federal Government con- geared toward small businesses owned Hurricane Katrina. And I commend my tracts constitutes an important compo- by citizens who are socially and eco- colleague Mr. JEFFERSON from Lou- nent of the region’s rebirth, and I nomically disadvantaged. This pro- isiana for offering this solution. think we all agree that we all want to gram is of benefit to emerging African As currently structured, the program see the rebirth in that area occur. American, Hispanic, Asian American, allows businesses to participate for a Tragically, as every American re- and nonminority women-owned firms limited length of time. They are given members, the late summer of 2005 included in the program’s coverage. 9 years and 9 years only. Even if the proved to be one of the most cata- Once the eligibility for the 9-year pro- companies fail, they can never reapply strophic in American history. The 9.7 gram has run out, the small business and get back in. million Americans residing on the gulf participating in the program is ineli- In this way 8(a) is different than any coast of Alabama, Louisiana, and Mis- gible to re-enter it. When Hurricane other SBA procurement initiative, sissippi were victims of an unprece- Katrina ripped through New Orleans on which allow companies to be certified dented natural disaster, which, unfor- August 29, 2005, it left 80,000 businesses for increments of 3 years. As long as tunately, has become a nightmare that damaged or destroyed, 97 percent of they meet the eligibility criteria, they is etched in all our memories and a which were small businesses. A signifi- can continue being recertified without daily challenge for those who lived cant percentage were participating in end. through it. the 8(a) program and were forced to It is because of this limitation that The storms of 2005 drowned 80 per- shut down for an extended period of the 8(a) program is simply not struc- cent of New Orleans in seawater, killed time, losing time in the program

VerDate Aug 31 2005 02:10 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MR7.006 H26MRPT1 mstockstill on PROD1PC66 with HOUSE March 26, 2007 CONGRESSIONAL RECORD — HOUSE H3031 through a series of events far beyond b 1700 tleman from North Carolina (Mr. their control. It is only right and fair AFTER RECESS COBLE) each will control 20 minutes. that we extend the period of eligibility The Chair recognizes the gentleman so that the affected disadvantaged The recess having expired, the House from Virginia. businesses are allowed to grow and was called to order by the Speaker pro GENERAL LEAVE flourish and enjoy the full 9 years of tempore (Mr. SALAZAR) at 5 p.m. Mr. SCOTT of Virginia. Mr. Speaker, the program. f I ask unanimous consent that all Mem- Nineteen months since Katrina ANIMAL FIGHTING PROHIBITION bers have 5 legislative days to revise struck, most of our 8(a) firms across ENFORCEMENT ACT OF 2007 and extend their remarks and include the gulf coast are still struggling to re- extraneous material on the bill under turn. Mr. SCOTT of Virginia. Mr. Speaker, consideration. This bill is about equity and fairness I move to suspend the rules and pass The SPEAKER pro tempore. Is there at a time when the road to recovery the bill (H.R. 137) to amend title 18, objection to the request of the gen- has been anything but fair for dis- United States Code, to strengthen pro- tleman from Virginia? advantaged firms in the region. For ex- hibitions against animal fighting, and There was no objection. ample, in the time just following the for other purposes, as amended. Mr. SCOTT of Virginia. Mr. Speaker, storm, 90 percent of the $2 billion in The Clerk read the title of the bill. I yield myself such time as I may con- initial contracts were awarded to com- The text of the bill is as follows: sume. Mr. Speaker, H.R. 137 is a bipartisan panies based outside of the three pri- H.R. 137 effort by the Judiciary Committee, led mary affected States and to large con- Be it enacted by the Senate and House of Rep- by the gentleman from California (Mr. cerns. Minority businesses received resentatives of the United States of America in Congress assembled, GALLEGLY) as the chief sponsor and the just 1.5 percent of the first $1.6 billion gentleman from Oregon (Mr. spent there. Women-owned businesses SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Animal BLUMENAUER) as the lead Democratic received even less. This was the out- sponsor. Both have worked long and come in spite of laws such as the Staf- Fighting Prohibition Enforcement Act of 2007’’. hard on this issue. I would also like to ford Act, which require contracting of- express my appreciation to Chairman ficials to prioritize awards to local SEC. 2. ENFORCEMENT OF ANIMAL FIGHTING PROHIBITIONS. CONYERS, Ranking Member SMITH, and businesses and to reach a goal of 5 per- (a) IN GENERAL.—Chapter 3 of title 18, Subcommittee Ranking Member cent of contracts to minority-owned United States Code, is amended by adding at FORBES for their leadership and sup- businesses. the end the following: port in moving this matter forward, The continued recovery from Katrina ‘‘§ 49. Enforcement of animal fighting prohibi- and also the former chairman of the is made up of many interconnected tions committee, Mr. COBLE, who is with us issues, and we cannot fully recover ‘‘Whoever violates subsection (a), (b), (c), today. without addressing all of them. Helping or (e) of section 26 of the Animal Welfare Act The Animal Fighting Prohibition En- small businesses, as this and other bills shall be fined under this title, imprisoned for forcement Act of 2007 addresses the such as the RECOVER Act do, restores not more than 3 years, or both, for each vio- growing problem of staged animal lation.’’. jobs that our citizens can return home fighting in this country. It increases to and puts our businesses back on (b) CLERICAL AMENDMENT.—The table of contents for such chapter is amended by in- the penalties under the current Federal track. It broadens the tax base of our serting after the item relating to section 48 law for transporting animals in inter- region and helps with our recovery. the following: state commerce for the purpose of I look forward to continuing to work ‘‘49. Enforcement of animal fighting prohibi- fighting and for interstate and foreign on the Small Business Committee with tions.’’. commerce in knives and gaffs designed ´ Ms. VELAZQUEZ and Mr. CHABOT to ad- SEC. 3. AMENDMENTS TO THE ANIMAL WELFARE for use in cockfighting. dress the needs of small businesses in ACT. Specifically, H.R. 137 makes viola- the gulf region. Section 26 of the Animal Welfare Act (7 tions of the law a felony punishable by Mr. CHABOT. Mr. Speaker, I have no U.S.C. 2156) is amended— up to 3 years in prison. Currently, further requests for time, and I yield (1) in subsection (c), by striking ‘‘inter- these offenses are limited to mis- back the balance of my time. state instrumentality’’ and inserting ‘‘in- demeanor treatment with the possi- Ms. VELA´ ZQUEZ. Mr. Speaker, I strumentality of interstate commerce for bility of a fine and up to 1 year of im- commercial speech’’; would like to thank the gentleman (2) in subsection (d), by striking ‘‘such sub- prisonment. Most States make all from Ohio (Mr. CHABOT) for his support sections’’ and inserting ‘‘such subsection’’; staged animal fighting illegal. Just one and cooperation in helping expedite (3) by striking subsection (e) and inserting State currently allows cockfighting to this legislation. the following: occur legally. Mr. Speaker, I yield back the balance ‘‘(e) It shall be unlawful for any person to The transport of game birds for the of my time. knowingly sell, buy, transport, or deliver in purpose of animal fighting and the im- The SPEAKER pro tempore. The interstate or foreign commerce a knife, a plements of cockfighting are already question is on the motion offered by gaff, or any other sharp instrument at- prohibited by Federal law, though the tached, or designed or intended to be at- the gentlewoman from New York (Ms. current law only allows, as I have indi- tached, to the leg of a bird for use in an ani- cated, the misdemeanor treatment. In VELA´ ZQUEZ) that the House suspend the mal fighting venture.’’; rules and pass the bill, H.R. 1468, as (4) in subsection (g)— 1976 Congress amended title 7, U.S. amended. (A) in paragraph (1), by striking ‘‘or ani- Code, section 2156, the Animal Welfare The question was taken; and (two- mals, such as waterfowl, bird, raccoon, or fox Act, to make it illegal to knowingly thirds being in the affirmative) the hunting’’; and sell, buy, transport, deliver, or receive rules were suspended and the bill, as (B) by striking paragraph (3) and inserting a dog or other animal in interstate or amended, was passed. the following: foreign commerce for the purposes of ‘‘(3) the term ‘instrumentality of inter- participation in an animal fighting A motion to reconsider was laid on state commerce’ means any written, wire, the table. venture or knowingly sponsoring or ex- radio, television or other form of commu- hibiting an animal in a fighting ven- nication in, or using a facility of, interstate f commerce;’’; and ture if any animal in the venture was moved in interstate or foreign com- RECESS (5) by adding at the end the following new subsection: merce. Amendments to the Animal The SPEAKER pro tempore. Pursu- ‘‘(i) The criminal penalties for violations Welfare Act contained a loophole, how- ant to clause 12(a) of rule I, the Chair of subsection (a), (b), (c), or (e) are provided ever, that allowed shipments of birds declares the House in recess subject to in section 49 of title 18, United States across State lines for fighting purposes the call of the Chair. Code.’’. if the destination State allowed cock- Accordingly (at 3 o’clock and 13 min- The SPEAKER pro tempore. Pursu- fighting. utes p.m.), the House stood in recess ant to the rule, the gentleman from While Congress did amend section 26 subject to the call of the Chair. Virginia (Mr. SCOTT) and the gen- of the Animal Welfare Act to close this

VerDate Aug 31 2005 02:10 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MR7.026 H26MRPT1 mstockstill on PROD1PC66 with HOUSE H3032 CONGRESSIONAL RECORD — HOUSE March 26, 2007 loophole in 2002, the penalty section I appreciate your willingness to discharge mal fighting is also linked oftentimes and other provisions of the act have the bill from further consideration by your with other criminal conduct such as not been updated since their original Committee, in order to expedite its floor drug trafficking, illegal firearms sales, enactment in 1976. This bill is designed consideration. I understand and agree that and gang activity. this is without prejudice to your Commit- to address those shortfalls to more ef- tee’s jurisdictional interests in this or simi- By raising this offense from a mis- fectively cover modern problems asso- lar legislation in the future. In the event a demeanor to a felony, we are more ciated with animal fighting ventures. House-Senate conference on this or similar likely to deter illegal animal fighting As I have already mentioned, the leg- legislation is convened, I would support your and increase the likelihood that Fed- islation increases current penalties to request for an appropriate number of con- eral prosecutors will pursue these provide a meaningful deterrent. One of ferees. cases. the primary reasons for enacting the I will include a copy of your letter and this I urge my colleagues to support this increased penalties under title 18 is the response as part of the Congressional Record bipartisan legislation. reluctance of U.S. Attorneys to pursue during consideration of the legislation on Mr. Speaker, I reserve the balance of animal fighting cases under the cur- the House floor. Thank you for your coopera- tion as we work towards enactment of H.R. my time. rent misdemeanor provisions because 137. Mr. SCOTT of Virginia. Mr. Speaker, they view the penalties as ineffective Sincerely, I yield such time as he may consume to against an animal fighting industry, JOHN CONYERS, Jr., the gentleman from Michigan (Mr. which has continued unabated nation- Chairman. CONYERS), chairman of the Judiciary wide. Committee. H.R. 137 further makes it a felony to U.S. HOUSE OF REPRESENTATIVES, (Mr. CONYERS asked and was given transport cockfighting implements in COMMITTEE ON AGRICULTURE, permission to revise and extend his re- interstate or foreign commerce. These Washington, DC, March 8, 2007. marks.) implements take the form of razor- Hon. JOHN CONYERS, Chairman, Committee on the Judiciary, Mr. CONYERS. Mr. Speaker, to sub- sharp knives, known as slashers; or Washington, DC. committee Chairman BOBBY SCOTT we gaffs, instruments shaped in the form DEAR MR. CHAIRMAN: Thank you for your owe a debt of gratitude, as well as to of curved ice picks that are attached to recent letter regarding Judiciary Committee subcommittee Ranking Member COBLE birds’ legs for fighting. Proponents of action on H.R. 137, a bill to establish crimi- and, of course, the author of this bill, these implements within the game fowl nal penalties for violations of Federal prohi- ELTON GALLEGLY, who through the community apparently contend that bitions on animal fighting. years has persevered to make us finally In the interest of expediting the consider- they inflict cleaner wounds upon the come to this day. I guess we should birds which are then quicker and easier ation of H.R. 137, I agree to the discharge of the bill from further consideration by the also thank about 303 Members of the to heal. Committee on Agriculture. I do so with the House of Representatives that have Since penalties against animal fight- understanding that the Committee on Agri- stuck with us and supported this legis- ing were codified in 1976, Federal au- culture does not waive any future jurisdic- lation all this time. My congratula- thorities have pursued less than half a tional claim over this or similar matters. In tions to all of you. I never thought that dozen animal fighting cases, despite the event a conference with the Senate is re- a measure that was not considered as the fact that the USDA has received quested on this bill, the Committee on Agri- grave and large as some of the issues culture reserves the right to seek appoint- numerous tips from informants and re- that come before the House Judiciary quests to assist with State and local ment of conferees. Thank you for your cooperation in this Committee would meet with so much prosecutions. matter. encouragement and support to get us In addition, despite the fact that all Sincerely, to this day. I congratulate the House of 50 States have banned dog fighting and COLLIN C. PETERSON, Representatives and the leadership on all but one State has banned cock- Chairman. both sides. fighting, the animal fighting industry With that, Mr. Speaker, I urge my I join, of course, in this measure and continues to thrive within the United colleagues to support the legislation. would like to make this point: this leg- States. Numerous nationally circulated Mr. Speaker, I reserve the balance of islation includes a special provision animal fighting magazines advertise my time. clarifying the fact that it only super- fighting animals, and paid lobbyists Mr. COBLE. Mr. Speaker, I yield my- sedes State law in the case of a direct continue to advocate for animal fight- self such time as I may consume. or irreconcilable conflict. The Humane ers’ interests. Thankfully, H.R. 137 will Mr. Speaker, H.R. 137, the Animal Society is with us. The American Vet- seek to bring an end to these practices. Fighting Prohibition Enforcement Act erinary Medical Association is with us. Finally, Mr. Speaker, this bill affects of 2007, creates Federal felony penalties The National Association of Sheriffs is matters within the jurisdiction of the for animal fighting. The distinguished with us, and hundreds and hundreds of Committee on Agriculture and the Ju- gentleman from California (Mr. local law enforcement agencies in diciary Committee. Both committees GALLEGLY) is the lead sponsor of this every State of the Union have all come have worked closely together to ensure bill with over 300 cosponsors from both out in support of this basic, common- that all matters are dealt with appro- sides of the aisle. sense, long overdue legislation. priately. We appreciate their assist- The Animal Fighting Prohibition En- I thank those who have worked so ance in bringing this bill expeditiously forcement Act increases criminal pen- tirelessly across the years to bring us to the floor, and I will insert into the alties for illegal dog fighting and cock- to this day where this bill has now CONGRESSIONAL RECORD at this point an fighting. The act, furthermore, imposes come before the floor. exchange of letters between Chairman penalties for the interstate promotion I’m pleased to join the growing list of sup- PETERSON of the Agriculture Com- of animal fighting and the interstate porters, including the 30 or so Members of the mittee and Chairman CONYERS of Judi- transportation of animals for use in an Judiciary Committee, that have decided to ciary. animal fighting venture. lend their support to this measure. U.S. HOUSE OF REPRESENTATIVES, All 50 States, Mr. Speaker, prohibit For far too long, the sponsors of abusive COMMITTEE ON THE JUDICIARY, Washington, DC, March 8, 2007. dog fighting, and 48 States prohibit animal fighting events (including cockfight and Hon. COLLIN C. PETERSON, cockfighting. Louisiana and New Mex- dog fight promoters) have been permitted to Chairman, Committee on Agriculture, ico, the two States that do, in fact, freely engage in such activities without any Washington, DC. allow cockfighting, may take up legis- real fear of prosecution. Fortunately, the bill DEAR MR. CHAIRMAN: Thank you for your lation to ban the practice as early as before us seeks to change that. recent letter regarding the Agriculture Com- this year. First, the legislation provides up to the three mittee’s jurisdictional interest in H.R. 137, According to the Humane Society, years in jail for people who transport animals the ‘‘Animal Fighting Prohibition Enforce- animal fighting, particularly cock- ment Act of 2007,’’ which the Committee on in interstate commerce with the purpose of the Judiciary reported by voice vote. As or- fighting, has become an interstate ven- participating in an animal fighting venture. Cur- dered reported, the bill establishes criminal ture with small syndicates of rent law only treats such offenses as a mere penalties for violations of Federal prohibi- cockfighters moving across the coun- misdemeanor. However, research has shown tions on animal fighting. try staging these different fights. Ani- us that simple misdemeanor criminal penalties

VerDate Aug 31 2005 02:10 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 7634 Sfmt 9920 E:\CR\FM\K26MR7.029 H26MRPT1 mstockstill on PROD1PC66 with HOUSE March 26, 2007 CONGRESSIONAL RECORD — HOUSE H3033 don’t provide enough of a meaningful deter- I want to express my sincere thanks shamefully been complicit. We have ig- rent, especially when thousands of dollars are to you, EARL BLUMENAUER, and to ROS- nored the fact that inadequate pen- wagered on a single dog or cock fight. COE BARTLETT for their work on this alties, as has been said by the chair- Second, the legislation makes it unlawful to legislation. I also commend and thank man of the committee, by my friend sell or ship instruments in interstate commerce my good friend and neighbor Mr. JOHN from California, which have just been that are designed to be attached to the leg of CONYERS, the chairman of the com- the ‘‘cost of doing business,’’ We have a bird for use in an animal fighting venture. mittee; LAMAR SMITH, the ranking looked the other way. Razor sharp knives, commonly known as member; BOBBY SCOTT, the chairman of This is an important vote today. I am ‘‘slashers’’, are oftentimes attached to the legs the subcommittee; and RANDY FORBES, confident with over 300 co-sponsors it of a bird to make cockfights even more vio- the ranking member, for recognizing will pass, and it will pass overwhelm- lent. This provision would prohibit such activ- the importance of this issue and mov- ingly. But the battle is not done. Never ity, and subject any violators to a term of im- ing H.R. 137 through the Judiciary underestimate the power of the apolo- prisonment of up to three years in jail. Committee so quickly. gists, the allies and the enablers of this Finally, the legislation includes a special vicious and cruel, I won’t even call it a b 1715 provision clarifying that this measure only su- ‘‘sport,’’ it is a vicious practice. persedes state law in the case of a direct or Also I want to recognize COLLIN PE- I am hopeful that we will move for- irreconcilable conflict. TERSON on the Ag Committee for his ward with not just voting today, but The Humane Society, the American Veteri- assistance. make sure that it passes the other nary Medical Association, the National Sheriffs Finally, more important than all, is body, and it is not subjected, as it has Association, and nearly 400 local law enforce- recognizing the 303-plus Members that been time and time again over the last ment agencies covering all 50 states have all have co-sponsored this legislation. It is 5 years, to some other devious action. come out in support of this legislation. hard to believe that we have that many Do not sell short the people who are I strongly urge my colleagues to lend their people agreeing on something like this apologists for this sport. Join with us support to this bipartisan, commonsense when it is not often that we have that not just with your vote but to make measure as well. many people in the House agreeing on sure that we get this legislation en- Mr. COBLE. Mr. Speaker, I now yield what day of the week it is. So I want to acted and then enforced around the 3 minutes to the distinguished gen- thank all of them for their support. country. tleman from California (Mr. Mr. Speaker, I ask my colleagues to Mr. COBLE. Mr. Speaker, I reserve GALLEGLY), member of the House Judi- join with all of us in passing this legis- the balance of my time. ciary Committee and original sponsor lation when we bring it to a vote here Mr. SCOTT of Virginia. Mr. Speaker, of this legislation. in a couple of minutes. I yield 21⁄2 minutes to the gentlelady (Mr. GALLEGLY asked and was Mr. SCOTT of Virginia. Mr. Speaker, from California, Ms. SA´ NCHEZ. given permission to revise and extend I yield 3 minutes to the gentleman Ms. LINDA T. SA´ NCHEZ of Cali- his remarks.) from Oregon (Mr. BLUMENAUER), the fornia. Mr. Speaker, I rise today in Mr. GALLEGLY. Mr. Speaker, I lead Democratic sponsor of this meas- proud support of H.R. 137, the Animal thank the gentleman for yielding. ure. Fighting Prohibition Enforcement Act As you know, along with my good Mr. BLUMENAUER. Mr. Speaker, I of 2007, because it is time for the Fed- friend EARL BLUMENAUER and ROSCOE appreciate Mr. SCOTT’s courtesy in per- eral Government to up the ante in its BARTLETT, we have been trying to fed- mitting me to speak and the leadership efforts to curb this cruel and gruesome erally criminalize this brutal, inhu- in taking what is seemingly a simple abuse of animals. mane practice of animal fighting for and innocuous bill and bringing it to The current misdemeanor penalties the past several Congresses. the floor of the House. I appreciate in Federal law have not been effective. When Congress enacted legislation to working with my friend, ELTON They are considered a cost of doing tighten Federal animal fighting laws, GALLEGLY. This has been a long haul, business by the animal fighting indus- we left in place weak penalties that lots of ups and downs, but today we try, which continues to operate across have proven ineffective and allowed the reach an important milestone. the country. barbaric practice to thrive, in spite of This is my fifth year of working on This bill addresses the growing prob- bans in virtually every State. Mis- this issue. We were exposed to it during lem of animal fighting by amending demeanor penalties simply don’t pro- the last farm bill. We found that this Federal law to prohibit moving ani- vide a meaningful deterrent. Animal got caught up in back-room machina- mals through interstate commerce for fighters consider misdemeanor pen- tions that really just defy description. the purpose of fighting. alties as a ‘‘slap on the wrist’’ or mere- You have already heard about the Do we want to make a Federal case ly the ‘‘cost of doing business.’’ despicable cruelty. You have heard out of this? Yes, we do. Those who prof- State and local law enforcement offi- about the association with illegal ac- it from animal fighting often drug dogs cials are increasingly concerned about tivity, gambling, violence, drugs and and roosters to make them hyper-ag- animal fighting not only because of the firearms trade. Louisiana is now poised gressive and to keep fighting even after animal cruelty involved but because of to become the last State to make it il- suffering severe injuries. The animals the other crimes that often go hand in legal, making it illegal in every State are in a closed pit from which they hand with animal fighting, including in the Union. cannot escape. Often, they die during illegal gambling, drug trafficking, and Why then is this even an issue? Well, the fight. This is a gruesome and inhu- acts of human violence. In the last 6 it is an underground and pervasive ac- mane practice. The American people months, virtually every reported arrest tivity. It is in fact active across the agree. Dog fighting is illegal in 50 in an animal fight has also led to addi- country. States and cockfighting is illegal in tional arrests for at least one of these I just heard from one of our floor most. criminal activities. staff as we walked in today that he saw Current law is simply not strong Cockfighting has also spread diseases accounts from small town newspapers enough. Animal fighting often leads to that jeopardize poultry and even public in Alabama the last 2 weeks in articles additional criminal behavior. It is as- health. California experienced this there. In Portland, Oregon, in recent sociated with illegal gambling, nar- firsthand when cockfighters spread ex- months we have had officers break into cotics trafficking, public corruption, otic Newcastle disease in 2002 and 2003. a meth and coke den where there were gang activity, and violent behavior to- That outbreak cost U.S. taxpayers 43 live chickens and all the equipment, ward people. nearly $200 million to eradicate, and as well as illegal weapons and large The National Sheriffs’ Association the cost to the U.S. poultry industry amounts of cash. In another high-pro- supports the legislation, and more than was in the millions. Cockfighting has file case in my community, a profes- 400 individual sheriffs and police de- been identified as the major contrib- sional basketball player was involved partments in every State in the coun- utor to the spread of avian flu through- with illegal fighting of his pit bull. try have endorsed it. They recognize out Thailand and other parts of Asia, This is something that has been an that animal fighting often involves where the strain originated. area, frankly, where Congress has movement of animals across interstate

VerDate Aug 31 2005 04:47 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MR7.007 H26MRPT1 mstockstill on PROD1PC66 with HOUSE H3034 CONGRESSIONAL RECORD — HOUSE March 26, 2007 and foreign borders, and they can’t do association that violence is something that it is imperative that there be a the job on their own. They need the good, when it isn’t. Federal prohibition on transporting Federal Government to do its part to Mr. COBLE. Mr. Speaker, I am ad- animals interstate. There is a question curb this dangerous activity. vised the distinguished gentleman from of disease, there is a question of vio- I am proud to be a part of this bipar- Virginia would like me to yield 3 min- lence, and certainly with the increas- tisan effort to curb this appalling utes to the distinguished gentleman ing numbers of dangerous animals that treatment of animals. I urge my col- from Virginia (Mr. MORAN) which I am attack human beings, fighting animals leagues to join me in voting yes on pleased to do. certainly pose a severe threat to the H.R. 137. Mr. MORAN of Virginia. Mr. Speak- community. Mr. COBLE. Mr. Speaker, I continue er, I thank both my friend from North This is a good bill. I am delighted to to reserve the balance of my time. Carolina and my friend from Virginia, be a co-sponsor. The good news is that Mr. SCOTT of Virginia. Mr. Speaker, as well as the chairman of the Judici- we are getting it through the House I yield 3 minutes to the gentleman ary Committee, for bringing this for- today. This bill has been around since from Tennessee (Mr. COHEN). ward, as well as those who have spoken the last session. I congratulate all of Mr. COHEN. Mr. Speaker, I want to on behalf of this bill. the authors. It is time now to spell re- thank the gentleman from Virginia for This is not just a nuisance industry. lief by passing this bill and protecting this time. This is a malicious industry that rep- the lives of our children and saving the This is my first year in the Congress. resents a very, very serious public lives of those who would be endangered In my 24 years in the State senate, I health threat. We are very much con- by cockfighting and other dangerous was the leading spokesperson for ani- cerned that the interstate or inter- activities with animals. mal welfare legislation, and I took national transport, especially of birds Mr. Speaker, I rise in strong support of H.R. great pride in that. So I am particu- used for cockfighting, could spread an 137, the ‘‘Animal Fighting Prohibition Enforce- larly appreciative of standing up on influenza outbreak. The World Health ment Act of 2007.’’ I was a co-sponsor of this this bill. Organization has reported at least nine legislation when it was considered in the 109th Congress and a strong supporter and co- I incorporate by reference all the confirmed human cases of avian flu in sponsor when the bill was re-introduced in this things that have been said about the Thailand and Vietnam that they expect Congress. harmful effects of this practice, and is related directly to cockfighting ac- they are well known. I think that the Mr. Speaker, H.R. 137 establishes felony- tivity. level jail time (up to 3 years) for violators of spread of avian flu and all the other The American Veterinary Medical the Federal animal fighting law. The bill pertinent conduct is to be prohibited. Association, the poultry industry, all But the main thing is, dogs are our amends Title 18 of the U.S. Code to strength- the animal protection associations, of en the maximum jail time from the 1-year mis- best friends. Harry Truman said, if you course, but the National Sheriffs’ Asso- want a friend in Washington, get a dog. demeanor level in current law. The bill also ciation as well has urged us to pass prohibits interstate and foreign commerce in So far, I haven’t been here 90 days, I this bill. cockfighting weapons. have made lots of friends. I haven’t Yes, there are 50 different State bills 1. DOGFIGHTING AND COCKFIGHTING ARE INHUMANE AND needed a dog yet, but I have thought against dog fighting, 49 against cock- BARBARIC ACTIVITIES about the day. I saw a Congressman fighting, but many of them are dif- In a typical fight, animals are drugged to come in the other day, Congressman ferent. And the fact is there is a great heighten their aggression and forced to keep WHITFIELD from Kentucky, he had his deal of interstate commerce that takes fighting even after injuries such as pierced dog with him. He has been here more place, so you need a Federal law ban- lungs and gouged eyes—all for the amuse- years than me. ning this, because it is so closely asso- ment and illegal wagering of handlers and Dogs are our friends. We all have ciated, and this is what the National spectators. Dogfighting and cockfighting are dogs that we feel that are part of our Sheriffs’ Association tells us, so closely also associated with other criminal conduct, families. We shouldn’t treat any of associated to illegal gambling, traf- such as drug traffic, illegal firearms use, and God’s creatures the way that people ficking of narcotics, public corruption, violence toward people. Children are often treat dogs and cocks; and I guess if I dangerous gang activity. There are so present at these spectacles. Some dogfighters was from Kentucky, Congressman many reasons why we should ban this steal pets to use as bait for training their dogs; YARMUTH, I could speak more fondly practice. some allow trained fighting dogs to roam about chickens, because the Colonel As has been said, it is cruel, and it is neighborhoods and endanger the public. and KFC have done a lot for his dis- inhumane. They drug these animals so 2. FELONY PENALTIES ARE NEEDED trict. that they are hyper-aggressive, so that Misdemeanor penalties don’t provide a But my particular interest is dogs, they will continue fighting until they meaningful deterrent; they’re considered a and we should treat them well. They kill or are killed. That is not right. It ‘‘slap on the wrist’’ or a ‘‘cost of doing busi- are our friends. You can go back in TV is not moral. But even beyond the cruel ness.’’ And prosecutors are reluctant to pursue lore, Lassie and Asta, and you think and inhumane aspect of this practice, animal fighting cases carrying only a mis- about Snoopy. To teach them to fight, it represents a very dangerous public demeanor penalty. Since the Federal animal to require them to fight, to watch health threat, as well as a source of a fighting law was first enacted in 1976, authori- them die is just not what God intended great deal of other illegal criminal ac- ties have pursued only a handful of cases, de- and not what we should encourage and tivity. spite receiving innumerable informant tips condone. This House would be well-served to about illegal interstate activity and requests to Children shouldn’t be exposed to this, listen to the more than 300 Members assist with state and local busts and prosecu- and sometimes they are. This type of who have cosponsored this legislation tions. conduct leads to other types of harmful and pass it today. 3. THE ANIMAL FIGHTING PROHIBITION ENFORCEMENT conduct and violence against women, Mr. SCOTT of Virginia. Mr. Speaker, ACT BRINGS FEDERAL LAW IN LINE WITH STATE LAWS violence against seniors. People who I yield 1 minute to the gentlewoman When the Federal animal fighting law was enjoy this type of violence and watch- from Texas (Ms. JACKSON-LEE). enacted in 1976, only one state had felony ing it are more often than not going to (Ms. JACKSON-LEE of Texas asked penalties for animal fighting. Today, be the most likely people to pick on and was given permission to revise and dogfighting is a felony in 48 states, and cock- others who are unable to take care of extend her remarks.) fighting is a felony in 33 states. State laws themselves. Ms. JACKSON-LEE of Texas. Mr. commonly authorize jail time of 3 to 5 years or I am very proud to be a cosponsor of Speaker, let me thank the author of more for animal fighting. H.R. 137. I look forward to its passage the bill and certainly the chairman of 4. OTHER RECENT FEDERAL ANIMAL PROTECTION LAWS and the day that we don’t have people the Subcommittee on Crime, the chair- THAT AMENDED TITLE 18 OF THE U.S. CODE HAVE FEL- who get some type of great enjoyment man of the full committee and ranking ONY PENALTIES out of watching dogs, cocks or any members as well. In 1999, Congress authorized imprisonment other of God’s creatures fight to the I rise to enthusiastically support of up to 5 years for interstate commerce in death and find pleasure and enjoyment H.R. 137 and announce that it is im- videos depicting animal cruelty, including ani- in it and teach their children by that pacting so many different communities mal fighting (P.L. 106–152), and mandatory

VerDate Aug 31 2005 02:13 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00016 Fmt 7634 Sfmt 9920 E:\CR\FM\K26MR7.035 H26MRPT1 mstockstill on PROD1PC66 with HOUSE March 26, 2007 CONGRESSIONAL RECORD — HOUSE H3035 jail time of up to 10 years for willfully harming legislation. It is bipartisan legislation. citizens. I am committed to animal welfare be- or killing a federal police dog or horse (P.L. We have listened to all of the people cause I believe humankind has an obligation 106–254). who have worked long and hard on this to all animals. 5. THERE IS NO REASON TO ALLOW INTERSTATE AND legislation. I hope it will be the pleas- Currently, it is a misdemeanor to sell, buy, FOREIGN COMMERCE IN SHARP IMPLEMENTS DESIGNED ure of the House to pass the bill. or transport an animal to be used in a fight. EXCLUSIVELY FOR COCKFIGHTS Mr. BLUMENAUER. Mr. Speaker, I support This legislation would make the crime a fel- Razor-sharp knives known as ‘‘slashers’’ the Animal Fighting Prohibition Act, which ony and increase the imprisonment penalty and ice pick-like gaffs are attached to the legs would raise the penalty for violators of the fed- from 1 year to 3 years. The legislation also of birds to make cockfights more violent. eral animal welfare law, from a class 1 mis- makes it unlawful to ship in interstate com- These weapons, used only in cockfights, are demeanor to a felony. In an industry where merce a knife, gaff, or other sharp instrument sold through cockfighting magazines and thousands of dollars change hands with each used in cockfighting, and makes it a felony to through the Internet. fight, misdemeanor fines and charges are sim- use the postal service to promote an animal 6. THE ANIMAL FIGHTING INDUSTRY CONTINUES TO ply considered ‘‘the costs of doing business’’. fight. THRIVE ACROSS THE U.S This bill would close this loophole and keep Dog fighting is banned in 50 states and All 50 states ban dogfighting, 48 states ban criminals from traveling to states with weaker cockfighting is banned in all but two, so I be- cockfighting, and there has been a dramatic penalties to conduct their business. lieve the Federal government is simply codi- increase in the number of animal fighting raids Animal fights are not only despicable for fying a value that our States governments by state and local authorities. Yet numerous their cruelty to animals, but they are com- have already individually expressed. nationally circulated animal fighting magazines monly associated with illegal gambling, drug Animal fighting is a cruel pastime where, in still promote these cruel practices and adver- traffic, firearms trades, and numerous other il- a typical fight, animals are drugged to height- tise fighting animals and the accoutrements of licit activities. Recently in Oregon, officers en their aggression and forced to keep fight- animal fighting. There are also several active found meth, cocaine, $10,000 in cash, along ing, even after injuries, for the amusement and websites for animal fighting enthusiasts, and with 43 live chickens, cockfighting equipment illegal wagering of handlers and spectators. paid lobbyists advocating animal fighters’ inter- including metal spurs and gaffs in a Portland We must put an end to this form of entertain- ests. man’s home. Drugs are often the impetus for ment, which results in the brutal treatment of 7. COCKFIGHTERS HAVE SPREAD DISEASES AND POSE A the discovery of gamecocks and illegal weap- animals. CONTINUING THREAT TO FARMERS AND PUBLIC HEALTH ons. In another high profile Oregon case, a As a co-chair of the Congressional Friends As former Agriculture Secretary Ann former Portland Trailblazer pled guilty to ani- of Animals Caucus, I will continue to work on Veneman wrote in a May 2004 letter indicating mal abuse for fighting his pit bull. Officials a bipartisan basis to help protect animals at the Bush Administration’s endorsement of the found her bloody, scarred, and covered in tar the Federal level. animal fighting felony legislation: which is used by fighters as a cheap antiseptic Mr. BARTLETT of Maryland. Mr. Speaker, with my colleagues Mr. GALLEGLY and Mr. ‘‘[cockfighting has] been implicated in the to fresh wounds. introduction and spread of exotic Newcastle But animal fighting doesn’t just pose a BLUMENAUER, I have introduced H.R. 137 to disease in California in 2002–2003, which cost threat to the people and animals who engage establish felony-level jail time of up to 3 years U.S. taxpayers nearly $200 million to eradi- in them, it has enormous costs to the United for those who violate the law against animal cate, and cost the U.S. poultry industry States health and economy. Cockfighting has fighting. H.R. 137 would amend current law to many millions more in lost export mar- been implicated in the introduction and spread toughen the maximum jail time from a one- kets.... We believe that tougher penalties of exotic Newcastle disease in California in year misdemeanor. and prosecution will help to deter illegal 2002–2003, which cost the U.S. taxpayers The penalties in the existing federal animal movement of birds as well as the inhumane nearly $200 million to eradicate. The disease fighting statute are too weak. The upgraded practice of cockfighting itself.’’ spread further to large scale egg farms in Ari- penalty better aligns federal law with state law. According to government officials, interstate zona, Nevada, New Mexico, and Texas; cost- Almost all states have established felony-level and international transport of fighting birds ing the U.S. poultry industry many millions of penalties for illegal animal fighting activities. posed the greatest risk of transmission, since dollars in lost export markets. Cockfighting has State laws commonly authorize jail time of 3 to cockfighters move their birds often and partici- also been implicated in the deaths of at least 5 years or more for animal fighting. pants from as many as a dozen states gather 9 people in Asia who contracted avian flu after George Bernard Shaw once stated, ‘‘The at illegal fighting derbies. exposure to fighting birds. If avian flu were to worst sin toward our fellow creatures is not to Cockfighting also has been implicated in the reach the shores of America, the economic hate them, but to be indifferent to them, that’s deaths of at least 9 people in Asia who were and human consequences would be stag- the essence of inhumanity.’’ We should not be reportedly exposed through cockfighting activ- gering. indifferent to the reprehensible underground ity to bird flu. The National Chicken Council, This bill has widespread support across the organized crime of animal fighting, which is which represents 95% of U.S. poultry pro- country, including 303 cosponsors in the not only cruel but poses threats to public ducers/processors, has called on Congress to House and 35 cosponsors in the Senate. HR health and safety. enact the animal fighting felony legislation, 137 is endorsed by the Humane Society of the The Humane Society of the U.S. estimates noting ‘‘we are concerned that the nationwide United States, the National Chicken Council that there are at least 40,000 dogfighters in traffic in game birds creates a continuing haz- which represents 95 percent of the Nation’s America. Cockfighting has been tied to the ard for the dissemination of animal diseases.’’ poultry producers, the American Veterinary spread of bird flu. Animal fighting spawns a We can’t afford not to act. The economic con- Medical Association, the National Sheriff’s As- number of other criminal activities, such as il- sequences of an avian influenza outbreak are sociation, and more than 400 local law en- legal gambling and using and selling drugs. staggering—with U.S. losses estimated at be- forcement agencies. Currently there is only Even more disturbing is the conclusion by tween $185 and $618 billion (Congressional one bastion left for cock fighters; the State of many experts that acts of cruelty against ani- Budget Office) and worldwide losses projected Louisiana. Although gamers have attempted to mals are precursors to violence against hu- from $1.5 to $2 trillion (The World Bank). use tribal lands as exemptions from state and mans. The felony-level penalties against ani- 8. H.R. 137 ENJOYS OVERWHELMING BIPARTISAN federal laws, a federal jury recently convicted mal fighting in H.R. 137 are necessary, and I SUPPORT four men for their participation in a cockfight, urge my colleagues to support the bill. H.R. 137 currently has more than 300 spon- and 70 others entered guilty pleas. It is my un- Mr. FARR. Mr. Speaker, I rise today in sors. More than 400 local and state law en- derstanding that the increase in penalties con- strong support of H.R. 137, the Animal Fight- forcement agencies covering every state in the tained within this bill would be equally applica- ing Prohibition Enforcement Act of 2007. country have endorsed this legislation, along ble to animal fights held on tribal lands or In- As many of my colleagues know, I have had with animal welfare, poultry industry, and other dian Reservations. a lifelong love and compassion for animals of organizations. Enacting this animal fighting It is far past time that Congress give our law all kinds. That is why I am simply shocked that legislation is long overdue. enforcement agencies the tools they need to it is not already illegal to take animals across Mr. Speaker, I urge my colleagues to sup- end this barbaric and consequential practice. state lines for the purpose of fighting. This is port H.R. 137. Mr. SHAYS. Mr. Speaker, I rise in support an inhumane and cruel practice that must not Mr. COBLE. Mr. Speaker, I yield of H.R. 137, the Animal Fighting Prohibition be allowed to continue. Another reason why back the balance of my time. Enforcement Act, of which I am also a co- this practice must be outlawed is because ani- Mr. SCOTT of Virginia. Mr. Speaker, sponsor. The way a society treats its animals mal fighting spreads disease and poses an I urge my colleagues to support this speaks to the core values and priorities of its enormous public health risk. At a time when

VerDate Aug 31 2005 02:13 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00017 Fmt 7634 Sfmt 9920 E:\CR\FM\A26MR7.018 H26MRPT1 mstockstill on PROD1PC66 with HOUSE H3036 CONGRESSIONAL RECORD — HOUSE March 26, 2007 avian flu is at the forefront of this county’s 120-day limit to the term of a United is intended to restore the historical health-related worries, it should be of the ut- States attorney appointed on an in- checks and balances to the process by most concern to people that animal fighting is terim basis by the Attorney General, which interim U.S. Attorneys are ap- occurring all across the country. It makes one and for other purposes, as amended. pointed. It will repair a breach in the wonder, what kind of person could enjoy a The Clerk read the title of the bill. law that has been a major contributing ‘‘sport’’ like this? The text of the bill is as follows: factor in the recent termination of In the forty-eight states where animal fight- H.R. 580 eight able and experienced United ing is already outlawed, illegal gambling goes Be it enacted by the Senate and House of Rep- States Attorneys and their replace- hand-in-hand with this gruesome activity. H.R. resentatives of the United States of America in ment with interim appointments. It 137, the Animal Fighting Prohibition Enforce- Congress assembled, has gathered much attention across ment Act of 2007, makes it a felony to know- SECTION 1. INTERIM APPOINTMENT OF UNITED this Nation, and not just in govern- ingly sponsor or exhibit an animal or to use STATES ATTORNEYS. ment and legal circles. interstate commerce for the purposes of fight- Section 546 of title 28, United States Code, The full circumstances surrounding ing. This bill would impose a prison sentence is amended by striking subsection (c) and in- these terminations are still coming to serting the following new subsections: of up to 3 years. light, but what we know is already ‘‘(c) A person appointed as United States very troubling. The reports about these I have supported this legislation since 2003. attorney under this section may serve until I am pleased that this legislation has over- the earlier of— terminations are particularly troubling whelming bipartisan support, with 303 cospon- ‘‘(1) the qualification of a United States at- in that the United States Attorneys sors. Obviously we need stronger laws on this torney for such district appointed by the are among the most powerful govern- because this practice still continues. President under section 541 of this title; or ment officials we have. They have the Mr. Speaker, I urge my colleagues to pass ‘‘(2) the expiration of 120 days after ap- power to seek convictions and bring H.R. 137, the Animal Fighting Prohibition En- pointment by the Attorney General under the full weight of the United States this section. forcement Act of 2007. Government against any citizen or ‘‘(d) If an appointment expires under sub- company that they deem important Mr. KUCINICH. Mr. Speaker, I rise today in section (c)(2), the district court for such dis- support of H.R. 137, the Animal Fighting Pro- trict may appoint a United States attorney and eligible for prosecution. They can hibition Enforcement Act of 2007. It is hard to to serve until the vacancy is filled. The order negotiate plea agreements. They can believe that an act as horrendous and brutal of appointment by the court shall be filed send people to prison for years and as animal fighting still takes place today. with the clerk of the court. years. And frequently, the mere disclo- H.R. 137 would make engaging in animal ‘‘(e) This section is the exclusive means for sure of a criminal investigation can de- fighting a felony. This legislation will ensure appointing a person to temporarily perform the stroy reputations and careers. functions of a United States attorney for a dis- that those who choose to fight animals illegally These are awesome powers. And so trict in which the office of United States attor- we on the Judiciary Committee con- will be met with the appropriate penalty when ney is vacant.’’. they disregard the law. sider it absolutely essential that the SEC. 2. APPLICABILITY. American people have full confidence Despite the fact that the vast majority of (a) IN GENERAL.—The amendments made by states have banned this atrocious and deplor- this Act shall take effect on the date of the en- in those entrusted to exercise these able act, animal fighting continues to plague actment of this Act. powers and that they do so with com- our communities. Animals such as dogs and (b) APPLICATION.— plete integrity and free from political chickens are fought to the death in the name (1) IN GENERAL.—Any person serving as a influence of any kind. of sport. This is unhealthy, violent behavior on United States attorney on the day before the The committee’s investigation into the part of humans and is inhumane and mer- date of the enactment of this Act who was ap- these troubling circumstances is con- pointed under section 546 of title 28, United tinuing. The longer time goes on, the ciless to the animals. States Code, for a district may serve until the I commend both local and state officials for more we know; and the more we know, earlier of— the more we are troubled about what stepping up raids on animal fighting rings. (A) the qualification of a United States attor- Now it is time for this body of Congress to do ney for that district appointed by the President has been going on in the Department of our part by making these offenses a felony under section 541 of that title; or Justice. It has already become abun- under Federal law. I urge my colleagues to (B) 120 days after the date of the enactment of dantly clear that the gaping vulner- join me and vote in favor of the Animal Fight- this Act. ability in the law, which has placed the ing Prohibition Enforcement Act, H.R. 137. (2) EXPIRED APPOINTMENTS.—If an appoint- independence and integrity of our pros- Mr. SCOTT of Virginia Mr. Speaker, ment expires under paragraph (1)(B), the dis- ecutorial system in jeopardy, needs to trict court for the district concerned may ap- be repaired as quickly as possible; and I yield back the balance of my time. point a United States attorney for that district The SPEAKER pro tempore. The that is what we are here to do today. under section 546(d) of title 28, United States What helped bring these troubling question is on the motion offered by Code, as added by this Act. circumstances about, what helped the gentleman from Virginia (Mr. The SPEAKER pro tempore. Pursu- SCOTT) that the House suspend the make it possible for high-level Justice ant to the rule, the gentleman from Department and White House officials rules and pass the bill, H.R. 137, as Michigan (Mr. CONYERS) and the gen- amended. to even entertain the notion that they tleman from North Carolina (Mr. could, as appears to be the case, target The question was taken. COBLE) each will control 20 minutes. The SPEAKER pro tempore. In the certain U.S. Attorneys for an unprece- The Chair recognizes the gentleman dented mid-course purge was an ob- opinion of the Chair, two-thirds being from Michigan. in the affirmative, the ayes have it. scure provision adequately and anony- GENERAL LEAVE Mr. WESTMORELAND. Mr. Speaker, mously slipped into the USA PATRIOT Mr. CONYERS. Mr. Speaker, I ask on that, I demand the yeas and nays. Reauthorization Act conference report unanimous consent that all Members The yeas and nays were ordered. in March of 2006. Without any debate, have 5 legislative days to revise and ex- The SPEAKER pro tempore. Pursu- let alone the benefit of a single hearing tend their remarks and include extra- ant to clause 8 of rule XX and the in either body, this provision, added at neous material on the bill under con- Chair’s prior announcement, further the behest of the Justice Department’s sideration. proceedings on this question will be top political appointees to signifi- The SPEAKER pro tempore. Is there postponed. cantly enhance the power to appoint objection to the request of the gen- interim U.S. Attorneys without having f tleman from Michigan? to subject their appointments to cus- b 1730 There was no objection. tomary safeguard of Senate confirma- Mr. CONYERS. Mr. Speaker, I yield tion. It was a middle-of-the-night in- INTERIM APPOINTMENT OF myself such time as I may consume. sertion, and we are here to correct UNITED STATES ATTORNEYS Mr. Speaker, the measure before us that. Mr. CONYERS. Mr. Speaker, I move today has been introduced by the gen- Indeed, the administration’s plan to to suspend the rules and pass the bill tleman from California, a ranking exploit the new provision to bypass the (H.R. 580) to amend chapter 35 of title member of the committee and a sub- Senate confirmation process is now 28, United States Code, to provide for a committee Chair, HOWARD BERMAN. It well documented. As bluntly explained

VerDate Aug 31 2005 02:13 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MR7.024 H26MRPT1 mstockstill on PROD1PC66 with HOUSE March 26, 2007 CONGRESSIONAL RECORD — HOUSE H3037 by internal e-mails we received, and Without any I debate, let alone the benefit of culations in their execution. I urge my col- they now number in the hundreds, al- a single hearing in either body, this provision leagues to support this important legislation. though we get them late on Friday was added at the behest of the Justice De- Mr. Speaker, I reserve the balance of nights, by the Attorney General’s then- partment’s top political appointees, to signifi- my time. chief of staff, for example, discussing cantly enhance their power to appoint interim Mr. COBLE. Mr. Speaker, I yield my- their plan to install the former Repub- U.S. Attorneys, without having to subject the self such time as I may consume. lican National Committee political op- appointments to the customary safeguard of Mr. Speaker, I rise in mild opposition erative, the new provision would enable Senate confirmation. to H.R. 580, primarily against the proc- them to ‘‘give far less deference to Indeed, the Administration’s deliberate plan ess rather than substantively. home State Senators and thereby get to exploit the new provision to bypass the Scrutiny over the dismissal of sev- our preferred person appointed and do Senate confirmation process is now well docu- eral U.S. Attorneys in recent days may it far faster and more efficiently at less mented. As bluntly explained in an internal e- have triggered this legislation. While political cost to the White House.’’ mail by the Attorney General’s then chief of we are still learning the facts sur- This is outrageous. The Senate has staff, for example, discussing their plan to in- rounding those dismissals, it does re- already acted. The time is now. We stall the former RNC political operative, the main clear that the U.S. Attorneys do need to move as rapidly as we can to new provision would enable them to ‘‘give far indeed serve at the pleasure of the correct this very serious error that less deference to home-State Senators and President. Some are calling for over- casts a question upon the integrity of a thereby get (1) our preferred person appointed sight investigation because of the po- very, very important part of our gov- and (2) do it far faster and more efficiently, at litical appearance surrounding those ernment, the Department of Justice. less political cost to the White House.’’ dismissals, and this is fine; but amend- Speaker, the bill before us today, introduced Traditionally—since the Civil War—when- ing the appointment process for in- by my friend HOWARD BERMAN, will restore the ever a U.S. Attorney left office, and until the terim U.S. Attorneys I believe is the historical checks and balances to the process Senate could confirm a replacement, the local wrong response. by which interim U.S. Attorneys are appointed. federal district court has appointed someone Prior to 1986, the district court ap- It will repair a breach in the law that has been to fill the position on an interim basis. This pointed interim U.S. Attorneys to fill a major contributing factor in the recent termi- was a neutral means of ensuring that perma- vacancies until a Presidential ap- nation of eight able and experienced United nent appointments remained the shared re- pointee had been nominated and con- States Attorneys and their replacement with sponsibility of the President and the Senate— firmed by the Senate. In 1986, the proc- interim appointments. to encourage the President to send a nomina- ess was changed to authorize the At- The full circumstances surrounding these tion to the Senate promptly, and to encourage torney General to appoint an interim terminations are still coming to light, but what the Senate to act promptly on the nomination. United States Attorney for 120 days, at we know already is very troubling. In 1986, at the request of Attorney General which time, if the Senate had not con- In one instance, the primary apparent quali- Ed Meese, the law was modified to authorize firmed a new United States Attorney, fication for the President’s chosen replace- the Attorney General to make short-term in- the district court would then appoint ment was that he had been an aggressive po- terim U.S. Attorney appointments, for up to an interim to serve until a new perma- litical operative at the Republican National 120 days. But if a permanent U.S. Attorney nent United States Attorney was in- Committee, thereby putting himself on Karl had not been confirmed by the end of that 120 deed confirmed. Rove’s A list. In several other instances, the days, the district court retained authority to This process was not infallible. Some U.S. Attorney was in the midst of a sensitive make the appointment for the remainder of the said authorizing the judiciary to ap- public corruption investigation, and there were interim period. This procedure, codified in 28 point the prosecutors before their reportedly complaints from Republicans that U.S.C. § 546, preserved the incentives on the court created a conflict of interest, and the investigation was being pursued too ag- Executive and Legislative Branches to work I think a good argument can be made gressively against a fellow Republican, or was together on the nomination and confirmation of for that. Others said the Executive not being pursued aggressively enough a permanent replacement. could maneuver the Constitution by against a Democrat. That balanced approach was terminating a court-appointed interim The reports about these terminations are unceremoniously jettisoned a year ago, and by repeatedly substituting its own in- particularly troubling in that U.S. Attorneys are with it respect for the Senate’s role in ensuring terim for 120-day stints. A good argu- among our most powerful government officials. that the President’s power to hire and fire U.S. ment could well be made for that as They not only have power to seek convictions Attorneys at will was not abused at the ex- well. and negotiate plea agreements that can send pense of prosecutorial integrity. In 2005, the process for appointing in- people to prison for years. The mere disclo- The stealth provision in the 2006 USA PA- terim United States Attorneys, how- sure of a criminal investigation can destroy TRIOT Reauthorization Act completely re- ever, was changed once again. This was reputations and careers. moved the district court as a backstop in the an amendment to section 546 of title 28, These are awesome powers, and it is abso- interim appointment process, turning over sole which eliminated the 120-day time lutely essential that the American people can power to the Attorney General, to unilaterally limit for an Executive-appointed in- have full confidence those entrusted to exer- make interim appointments, for an unlimited terim to serve and eliminated the au- cise these powers do so with complete integ- time, with no obligation to involve the Senate, thority for the district court to ap- rity and free from improper political influence. or the Judicial Branch, or anyone else. point an interim. The Committee’s investigation into these H.R. 580 will restore the checks and bal- Unfortunately, one of these responses troubling circumstances is continuing, and we ances that have historically provided a critical to the recent dismissals had been H.R. will know more, and we will leave extended safeguard against politicization of U.S. Attor- 580, which would return the process of discussion of them for another day. But it has neys. First, it repeals the 2006 change to sec- appointing interim United States At- already become abundantly clear that the gap- tion 546, keeping the Attorney General’s in- torneys for 120 days and authorizing ing vulnerability in the law, which has placed terim appointment role, but limiting it to 120 the judiciary to appoint interims if a the independence and integrity of our prosecu- days, as it was before. permanent United States Attorney is torial system in jeopardy, needs to be repaired Second, the bill clarifies that section 546 is not confirmed prior to the 120-day as quickly as possible. And that is what we the only way to make interim U.S. Attorney passes. are here to do today. appointments. This additional change has be- The bill, H.R. 580, was accelerated What helped bring these troubling cir- come necessary in light of indications, docu- through the Judiciary Committee. cumstances about—what helped make it pos- mented by the Congressional Research Serv- Only one hearing was held on the bill. sible for high-level Justice Department and ice, that the Justice Department has used, and That hearing focused mostly on the White House officials to even entertain the no- could again use, the Federal Vacancies Re- current U.S. Attorney controversy, not tion that they could, as appears to be the form Act to evade the intent of a tightened the bill itself. It was then heard by the case, target certain U.S. Attorneys for an un- section 546. full committee, but there was no op- precedented mid-course purge—was an ob- Mr. Speaker, this bill is an important step in portunity for the Judiciary Sub- scure provision quietly and anonymously restoring legal safeguards against abuse of committee on Commercial Administra- slipped into the USA PATRIOT Reauthoriza- Executive power to politicize core government tive Law markup to therefore improve tion Act conference report in March 2006. functions that need to be above political cal- the bill.

VerDate Aug 31 2005 02:13 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MR7.043 H26MRPT1 mstockstill on PROD1PC66 with HOUSE H3038 CONGRESSIONAL RECORD — HOUSE March 26, 2007 Republicans on the Judiciary Com- of administration policy we utilize the I urge my colleagues to support this mittee, many of us, would have liked new statutory provisions that author- legislation. to have worked with the Democrats in ize the Attorney General to make U.S. Mr. COBLE. Mr. Speaker, I reserve a bipartisan fashion more thoroughly, Attorney appointments.’’ the balance of my time. and I think we may have come at the The Congressional Research Service, Mr. CONYERS. Mr. Speaker, I recog- finish line with a more favorable fin- a nonpartisan entity, has completed a nize HOWARD BERMAN, the senior mem- ished product. Given more time, we report finding that these firings are un- ber on the Judiciary Committee, and might have considered some promising precedented. Prior to the forced res- thank him for his authorship of the ideas. For instance, this bill does not ignation of eight U.S. Attorneys in re- measure that brings us to the floor this address the problem of appointing and cent months, and outside the normal evening. I yield to him 5 minutes. confirming United States Attorneys in turnover of U.S. Attorneys that occurs Mr. BERMAN. Mr. Speaker, I thank a timely fashion. Senators KYL and with a new administration, only 10 U.S. the chairman who cosponsored this bill SESSIONS introduced amendments in Attorneys were forced to resign in the with me, along with the gentleman the Senate proposing several other re- last 25 years. The 10 U.S. Attorneys from Virginia (Mr. SCOTT), chairman of sponses to inherent conflicts created cited in the CRS report were all fired the Crime Subcommittee of Judiciary by United States Attorney vacancies for cause, most under a cloud of scan- Committee. and possible ways to provide for dal. H.R. 580 does only one thing, it re- interims. H.R. 580, legislation offered by my stores the checks and balances that, In these times of the war on terror, friend and colleague from California, until last year, had long been part of Mr. Speaker and colleagues, and the Representative HOWARD BERMAN, pro- the process for filling vacancies in U.S. continuing age-old war on crime, the vides the necessary legislative response Attorneys’ offices. service of the United States Attorneys, to restore checks and balances in the I won’t go through the history of how indeed the front line of Federal law en- U.S. Attorney appointment process by interim U.S. Attorneys were appointed, forcement, is more than ever a matter reinstating the 120-day limit on all in- because the chairman has spelled it of first importance to the Nation. terim appointments. out, and the gentleman from North The bill also closes other potential Their appointment is serious business. Carolina has reaffirmed that history. loopholes through which Senate con- We should not have rushed to judgment But I want to address the one issue my firmation could be bypassed. It clari- in attending to this business, but in- friend from North Carolina raised, fies that section 546 of title 28 of the stead have given the legislative process which is, were we to take a longer United States Code is the exclusive more time to work. I think we missed time, this might have been, at least to means of appointing interim U.S. At- an opportunity to improve the bill as a his way of thinking, a better approach. torneys. The whole goal of this bill is to re- result. Additionally, the bill would apply Mr. Speaker, I reserve the balance of store the status quo ante before a retroactively to all U.S. Attorneys cur- sneak attack change on the law uti- my time. rently serving in an interim capacity. Mr. CONYERS. Mr. Speaker, I yield lized in the PATRIOT Act without any- This would ensure that interim U.S. myself 15 seconds only to say, Mr. HOW- one calling special attention to it, Attorneys appointed since the purge ARD COBLE, I recognize you as a sincere undiscussed by the conferees or by the scheme was hatched are not permitted members of either this House or the and experienced and valued member of to serve indefinitely and without Sen- this committee, and I appreciate the other body, change that law to give the ate confirmation. executive bench total authority in this circumstances that you are in this At a legislative hearing on H.R. 580 particular area. evening. before the Subcommittee on Commer- The Senator, a member of the other Mr. Speaker, I yield 4 minutes to the cial and Administrative Law on March body who was chairman of the Judici- subcommittee chairwoman, LINDA 6, this bill received strong support from ary Committee of the other body dur- SANCHEZ of California, and I thank her the president of the National Associa- ing this time, has said that he didn’t for the excellent job that she has done. tion of Former U.S. Attorneys, as well ´ know about the provision until a col- Ms. LINDA T. SANCHEZ of Cali- as a former Republican-appointed U.S. league alerted him to it last month. fornia. Mr. Speaker, I rise in support of Attorney. It is also important to note The former chairman’s staff told him H.R. 580, a bill to revoke the Attorney that the Attorney General himself has that the Department of Justice pro- General’s unfettered authority to ap- expressed that he is not opposed to vided the language and that it was in- point U.S. Attorneys indefinitely. rolling back this provision of the PA- serted in the conference report by a This legislation would repeal a small TRIOT Act. And if the Attorney Gen- member of his staff who was made U.S. provision, with enormous repercus- eral’s claim that he was not aware of Attorney in Utah only 4 months later. sions, that was placed into the USA the Justice Department efforts to Now we have a different story from PATRIOT Reauthorization Act con- quietly insert this provision are true, the Department of Justice. Will ference report. The provision, which re- it would seem he never wanted the PA- Moschella, the former head of the Of- moved the 120-day limit for interim ap- TRIOT Act changes to the U.S. Attor- fice of Legislative Affairs, now claims pointment of U.S. Attorneys, allows in- ney selection process in the first place. terim appointees to serve indefinitely Additionally, the corresponding bill sole responsibility for the provision and without Senate confirmation. in the Senate received strong bipar- and says he pursued the change on his We now know that the provision was tisan support and passed by an over- own, without the knowledge or coordi- inserted into the conference report at whelming margin of 94–2. nation of his superiors at the Justice the request of a Justice Department of- Mr. Speaker, we must begin to re- Department or the White House. ficial. Clearly, the Justice Depart- store the independence of U.S. Attor- This is a Department, the Depart- ment’s effort to insert this provision neys across the country and return to ment of Justice, that says it fired eight was just one part of the Bush adminis- the bedrock principle of our court sys- U.S. Attorneys for not coordinating tration’s coordinated plan to purge tem that justice must be served objec- their work 100 percent with the prior- U.S. Attorneys across the country for tively and without fear or favor. ities of the Department, and yet we are political reasons. supposed to believe that they are per- My suspicions about the role of this b 1745 mitting a relatively low-level official provision in the firing of at least eight While the consideration of H.R. 580 to fly solo in changing Federal law on U.S. Attorneys have been confirmed will not end the Judiciary Committee’s the appointment of U.S. Attorneys after reading the documents turned ongoing investigation of the U.S. At- without any other departmental in- over by the Justice Department. We torney purge scheme, the passage of volvement. It is for this reason, I say learned, for example, that in an e-mail this legislation is a critical step in this to my friend from North Carolina, that to former White House Counsel Harriet process to close the loophole in the PA- the first thing we need to do is to go Miers, former Attorney General Chief TRIOT Act that this administration back to the status quo ante, the com- of Staff Kyle Sampson wrote: ‘‘I has improperly exploited for political promise worked out in the Reagan ad- strongly recommend that as a matter purposes. ministration with Attorney General Ed

VerDate Aug 31 2005 02:13 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MR7.044 H26MRPT1 mstockstill on PROD1PC66 with HOUSE March 26, 2007 CONGRESSIONAL RECORD — HOUSE H3039 Meese, a Democratic House and the Re- sions in the first place. Without the pening again, we need to be sure we publican Senate in 1986, which allowed knowledge of anybody, it seems, in the have Senate confirmation. for this process where we gave for the House or the Senate, this change was Mr. COBLE. Mr. Speaker, the gen- first time the Attorney General the done by the staff behind closed doors. tleman from Washington referred to it right to name an interim U.S. Attor- We didn’t know about it. I haven’t as scandal. It may well end up being a ney, providing the district court with heard yet from any of my Republican scandal, but I think to use that word the theoretical ability, should that friends that did. today might well be premature. But, court choose to do so, to replace or, as By restoring the status quo ante the meanwhile, I reserve the balance of my has been much more likely, simply re- way that it had been for years, we get time. affirm the naming of the interim U.S. back to a situation where we can re- Mr. CONYERS. Mr. Speaker, I yield Attorney if no full U.S. Attorney had move this from the table. We can have to the gentlewoman from Texas, SHEI- been confirmed yet by the Senate. a dispassionate discussion about what LA JACKSON-LEE, 1 minute. What is clear from the e-mails pro- has happened with the Department of (Ms. JACKSON-LEE of Texas asked vided to the Judiciary Committee is Justice and its future; and, if we want and was given permission to revise and that the Department of Justice and to make any change, then at least we extend her remarks.) White House employees, whatever their have something that has stood the test Ms. JACKSON-LEE of Texas. Mr. Speaker, I thank the distinguished gen- motivation in pushing this proposal of time. tleman, and I rise with sadness to sup- originally, whatever their motivation, Mr. COBLE. Mr. Speaker, I reserve port this legislation that clears up the they quickly figured out that the pro- the balance of my time. obviously ongoing abuse and disrespect vision created the possibility to cir- Mr. CONYERS. The gentleman from of the integrity of the three branches cumvent the Senate and decided to ex- Washington (Mr. INSLEE) is recognized for 2 minutes. of government. ploit that power. We passed the PATRIOT Act that One e-mail between the Department (Mr. INSLEE asked and was given permission to revise and extend his re- some of us did not support, but we did of Justice and the White House depicts not intend for it to be used to avoid the an effort to slow-walk a nomination so marks.) Mr. INSLEE. Mr. Speaker, this bill constitutional Senate confirmation an interim appointee can stay in place. process. That is what has happened. We The two employees discussed an in- could not be more timely. As I was walking across the street in front of understand now that the Attorney Gen- terim appointee in Arkansas who they eral unfortunately may have been in knew was unlikely to get Senate con- the Supreme Court, I saw the inscrip- tion chiseled in the marble of the Su- meetings, may have been informed of firmation. issues dealing with the termination of preme Court. It says, ‘‘Equal justice An employee in the White House U.S. Attorneys without providing that under law.’’ But we have witnessed now Counsel’s Office writes, ‘‘If this is a direct information to the United States in the last few weeks the unpeeling of section 546 appointment for unlimited Congress. duration, he can call himself U.S. At- a scandal where the executive branch This legislation again sets the Con- torney. Our talkers should avoid refer- fired eight well-performing U.S. Attor- stitution back on its feet. It allows for ring to him as ’interim.’’’ neys because they would not do the po- Senate confirmation for U.S. Attor- The Attorney General’s chief of staff litical dirty work of the White House. neys, and it puts back on track the in- replies, and I quote, ‘‘We should gum And it is apparent now, as much as it tegrity in terms of the respect and in- this to death. Our guy is in there so the has ever been, that we have to have a tegrity that is necessary for the judici- status quo is good for us. Pledge a de- check and balance on the executive ary and legal system that the Amer- sire for a Senate-confirmed U.S. Attor- branch with Senate confirmation. ican people have come to understand ney and otherwise hunker down.’’ I want to know why this is so viscer- and believe. I believe we should support I suggest there is ample opportunity ally important. In my district in west- this bill, and I hope we will get back on in the record to recognize that the ern Washington, we had a gentleman track with the relationship between change we made in the PATRIOT Act named John McKay who was doing, by Congress, the executive, and the judici- without the knowledge, as far as I can all rights, a good job as a U.S. Attor- ary. tell, of any representative of either ney for western Washington. But then Mr. Speaker, I rise in strong support of H.R. House was an ill-considered change; there was this contentious election out 580, which amends chapter 35 of title 28 of and the first thing we need to do and there for Governor in 2004, and a bunch the United States Code to restore the 120-day what this bill does is bring the law of Republicans were leaning on him to limit on the term of a United States Attorney back to what had existed. start a grand jury investigation alleg- appointed on an interim basis by the Attorney Mr. CONYERS. Mr. Speaker, how ing voter fraud because the vote came General. The shocking disclosures of the last much time remains on either side? out in favor of the Democrat. He re- few weeks provide all the justification needed The SPEAKER pro tempore. The gen- fused to do so because he said he didn’t to adopt this salutary measure promptly and tleman from Michigan has 5 minutes; see any evidence of voter fraud. by an overwhelming margin. Our friends in the the gentleman from North Carolina has A little later what happens is he goes other body passed companion legislation last 151⁄2 minutes. to the White House for a meeting about week by a vote of 94–2. Mr. COBLE. Mr. Speaker, I reserve a prospective judgeship, and what do Mr. Speaker, United States Attorneys are the balance of my time. they ask him about? They say: How appointed by the President with the advice Mr. CONYERS. I recognize the gen- come Republicans are mad at you, at and consent of the Senate. Each United tleman from Oregon (Mr. BLUMENAUER) the White House. And he knows what States Attorney so appointed is authorized to for 1 minute. they are mad about, is because they serve a 4-year term but is subject to removal Mr. BLUMENAUER. Mr. Speaker, I wouldn’t go after this case where there by the President without cause. The Senate’s appreciate the chairman’s courtesy in was no evidence of voter fraud. It was advise and consent process formally checks permitting me to speak on this bill. I apparent they were leaning on him; the power of the President by requiring the appreciate also what Ranking Member and, when he did not collapse, he was United States Attorney nominee to go through COBLE talked about in terms of out- fired. a confirmation process. In addition, Senators lining these issues. Now, this is a situation where it is also play a particularly influential informal role But it seems to me that there was clear that we need Senate confirma- in the nomination of United States Attorneys. just one area where I would take mod- tion. And, by the way, I have written a Typically, a President, prior to appointing a est exception with him, and that is the letter to the President today saying new United States Attorney, consults with the notion that we should have been taking the President should reinstate that Senators from the State where the vacancy more time to vet this and look at alter- U.S. Attorney while this matter is in- exists if they are members of the President’s natives. Because I fully agree with the vestigated. This thing smells like a political party. The President usually accepts gentleman from California, where mackerel in the moonlight, and it the nominee recommended by the Senator or there was not adequate time for Con- needs to be resolved. Until it is re- other official. This tradition, called ‘‘senatorial gress to be involved is when this was solved, Congress is going to be inves- courtesy,’’ serves as an informal check on the slipped into the PATRIOT Act revi- tigating; and to prevent this from hap- President’s appointment power.

VerDate Aug 31 2005 02:13 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00021 Fmt 7634 Sfmt 9920 E:\CR\FM\K26MR7.047 H26MRPT1 mstockstill on PROD1PC66 with HOUSE H3040 CONGRESSIONAL RECORD — HOUSE March 26, 2007 Since the Civil War, the judiciary has been porting that several United States Attorneys how he performs, etc. If they ultimately say, empowered to fill vacancies in the office of the had been asked to resign by the Justice De- ‘no never’ (and the longer we can forestall United States Attorney. In 1966, that authority partment. It has now been confirmed that at that, the better), then we can tell them we’ll was codified at 28 U.S.C. § 546. When a look for other candidates, and otherwise run least seven United States Attorneys were out the clock. All of this should be done in United States Attorney position became va- asked to resign on December 7, 2006. An ‘good faith,’ of course. cant, the district court in the district where the eighth United States Attorney was subse- Finally, we now know that after gaining this vacancy occurred named a temporary replace- quently asked to resign. They include the fol- increased authority to appoint interim U.S. At- ment to serve until the vacancy was filled. In lowing: H.E. Cummins, III, U.S. Attorney, E.D. torneys indefinitely, the administration has ex- 1986, in response to a request by the Attorney Ark.; John McKay, U.S. Attorney, W.D. Wash.; ploited the provision to fire U.S. Attorneys for General that its office be vested with authority David Iglesias, U.S. Attorney, D. N.M.; Paul K. political reasons. A mass purge of this sort is to appoint interim United States Attorneys, Charlton, U.S. Attorney, D. Ariz.; Carol Lam, unprecedented in recent history. The Depart- Congress amended the statute to add former U.S. Attorney, S.D. Calif.; Daniel Bogden, U.S. ment of Justice and the White House coordi- section 546(d). Attorney, D. Nev.; Kevin Ryan, N.D. Calif.; and nated this purge. According to an administra- Pursuant to this authority, the Attorney Gen- Margaret Chiara, W.D. Mich. eral was authorized to appoint an interim On March 6, 2007, the Subcommittee on tion ‘‘hit list’’ released on Tuesday, U.S. Attor- United States Attorney for 120 days and, if the Commercial and Administrative Law held a neys were targets for the purge based on their Senate did not confirm a new United States hearing entitled, ‘‘H.R. 580, Restoring Checks rankings. The ranking relied in large part on Attorney within such period, the district court and Balances in the Confirmation Process of whether the U.S. Attorney ‘‘exhibit[ed] loyalty was then authorized to appoint an interim United States Attorneys.’’ Witnesses at the to the President and Attorney General.’’ United States Attorney to serve until a perma- hearing included six of the eight former United Mr. Speaker, until exposed by this unfortu- nent replacement was confirmed. By having States Attorneys and William Moschella, Prin- nate episode, United States Attorneys were the district court play a role in the selection of cipal Associate Deputy Attorney General, expected to, and in fact did exercise, wide dis- an interim United States Attorney, former sec- among other witnesses. cretion in the use of resources to further the tion 546(d) allowed the judicial branch to act Six of the six former United States Attorneys priorities of their districts. Largely a result of its as a check on executive power. In practice, if origins as a distinct prosecutorial branch of the a vacancy was expected, the Attorney General testified at the hearing and each testified that he or she was not told in advance why he or Federal Government, the office of the United would solicit the opinion of the chief judge of States Attorney traditionally operated with an the relevant district regarding possible tem- she was being asked to resign. Upon further inquiry, however, Messrs. Charlton and unusual level of independence from the Jus- porary appointments. tice Department in a broad range of daily ac- Twenty years later, section 546 was amend- Bogden were advised by the then Acting As- sistant Attorney General, William Mercer, that tivities. That practice served the Nation well ed again in the USA PATRIOT Improvement for more than 200 years. The practice that has and Reauthorization Act of 2005. This legisla- they were terminated essentially to make way for other Republicans to enhance their creden- been in place for less than 2 years has served tion amended section 546(c) to provide that the Nation poorly. It needs to end. ‘‘[a] person appointed as United States attor- tial and pad their resumes. In addition, Messrs. Iglesias and McKay testified about in- Mr. Speaker, during the full committee ney under this section may serve until the markup of H.R. 580, I brought to my col- qualification of a United States Attorney for appropriate inquiries they received from Mem- bers of Congress concerning pending inves- leagues’ attention the value of including in the such district appointed by the President’’ bill or committee report the core congressional under 28 U.S.C. § 541. The extent of the legis- tigation, which they surmised may have led to their forced resignations. findings that forms the justification for this leg- lative history of this provision is one sentence islation. Briefly stated, those findings are as appearing in the conference report accom- Mr. Speaker, the USA PATRIOT Act Reau- thorization provision on interim U.S. Attorneys follows: panying the act: ‘‘Section 502 [effecting the The Congress finds as follows: amendments to section 546] is a new section should be repealed for two reasons. First, Members of Congress did not get an oppor- (1) That United States Attorneys are ‘‘infe- and addresses an inconsistency in the ap- rior officers’’ and therefore are subject to the pointment process of United States Attor- tunity to vet or debate the provision that is cur- rent law. Rather the Republican leadership of Constitution’s discretionary appointment provi- neys.’’ sions authorizing the Congress to vest the ap- Although the legislative purpose is unclear, the 109th Congress slipped the provision into pointment power in the President alone or the the practical effect is not. The act amended the conference report at the request of the De- judiciary. section 546 in two critical respects. First, it ef- partment of Justice. Not even Senate Judiciary (2) Vesting the authority in the United States fectively removed district court judges from the Chairman ARLEN SPECTER, whose chief of Attorney General to appoint an interim United interim appointment process and vested the staff was responsible for inserting the provi- States Attorney to serve an indefinite term un- Attorney General with the sole power to ap- sion, knew about its existence. dermines the confirmation process of the point interim United States Attorneys. Second, Second, it is now clear that the manifest in- the act eliminated the 120-day limit on the tention of the proponents of the provision was United States Senate and removes a legisla- term of an interim United States Attorney ap- to allow interim appointees to serve indefinitely tive check on executive power. pointed by the Attorney General. As a result, and to circumvent Senate confirmation. We (3) Vesting residual power to appoint an in- judicial input in the interim appointment proc- know now, for example, that in a September terim United States Attorney in the Federal ess was eliminated. Even more problematic, it 13, 2006 e-mail to former White House Coun- district court in which the vacancy occurs con- created a possible loophole that permits sel Harriet Miers, Attorney General Chief of stitutes an important judicial check on execu- United States Attorneys appointed on an in- Staff Kyle Sampson wrote: tive power. terim basis to serve indefinitely without ever I strongly recommend that, as a matter of Mr. Speaker, H.R. 580 is a thoughtful and being subjected to a Senate confirmation proc- Administration policy, we utilize the new well crafted legislative measure which will re- ess, which is plainly a result not contemplated statutory provisions that authorize the At- store public confidence in the process by by the Framers. torney General to make U.S. Attorney ap- which interim United States Attorneys are ap- Mr. Speaker, excluding changes in adminis- pointments. pointed. I strongly support the bill and urge all tration, it is rare for a United States Attorney Mr. Sampson further said that by using the Members to do likewise. to not complete his or her 4-year term of ap- new provision, DOJ could ‘‘give far less def- Mr. COBLE. Mr. Speaker, I yield pointment. According to the Congressional Re- erence to home-State Senators and thereby back the balance of my time. search Service, only 54 United States Attor- get (1) our preferred person appointed and (2) Mr. CONYERS. Mr. Speaker, Mem- neys between 1981 and 2006 did not com- do it far faster and more efficiently, at less po- bers of the House, the American people plete their 4-year terms. Of these, 30 obtained litical cost to the White House.’’ must have full confidence in the integ- other public sector positions or sought elective Regarding the interim appointment of Tim rity and the independence of the office, 15 entered or returned to private prac- Griffin at the request of Karl Rove and Harriet United States Attorneys in charge of tice, and 1 died. Of the remaining eight United Miers, Mr. Sampson wrote to Monica Good- Federal prosecutions throughout the States Attorneys, two were apparently dis- ling, Senior Counsel to the White House and country, in every State. While they missed by the President, and three apparently Liaison to the White House on December 19, owe the President their appointments, resigned after news reports indicated they had 2006 the following: once they are in their jobs their en- engaged in questionable personal actions. I think we should gum this to death: ask forcement decisions must be unques- Mr. Speaker, in the past few months dis- the Senators to give Tim a chance, meet tionably above politics; and that is turbing stories appeared in the news media re- with him, give him some time in office to see why we are here today.

VerDate Aug 31 2005 02:59 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MR7.025 H26MRPT1 mstockstill on PROD1PC66 with HOUSE March 26, 2007 CONGRESSIONAL RECORD — HOUSE H3041 Senate confirmation is required for enforcement—is more than ever a matter of Agriculture to pay the costs of facilitating each one of them in an open and public first importance to the Nation. Their appoint- the passage of aquatic species beneath forest process, and it is a critical safeguard ment is serious business. roads (as defined in section 101(a) of title 23, against politicization of our prosecu- United States Code), including the costs of We should not have rushed to judgment in constructing, maintaining, replacing, and re- torial system. This safeguard has been attending to this business, but instead have moving culverts and bridges, as appro- severely compromised by the secret given the legislative process the time that it priate.’’. change that has been referred to, and deserves. (d) CORRECTION OF DESCRIPTION OF NA- this bill restores the safeguards. We have missed an opportunity to improve TIONAL CORRIDOR INFRASTRUCTURE IMPROVE- MENT PROJECT.—Item number 1 of the table b 1800 this bill. The American people have not been well-served. contained in section 1302(e) of the Safe, Ac- I ask my colleagues to fully support Mr. CONYERS. Mr. Speaker, I yield countable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. this measure on both sides of the aisle. back the balance of my time. Mr. SMITH of Texas. Mr. Speaker, this leg- 1205) is amended in the State column by in- The SPEAKER pro tempore. The serting ‘‘LA,’’ after ‘‘TX,’’. islation would return the procedures for ap- question is on the motion offered by (e) CORRECTION OF INTERSTATE ROUTE 376 pointing interim U.S. Attorneys to what it was the gentleman from Michigan (Mr. HIGH PRIORITY DESIGNATION.— before Congress reauthorized the PATRIOT CONYERS) that the House suspend the (1) IN GENERAL.—Section 1105(c)(79) of the Act. rules and pass the bill, H.R. 580, as Intermodal Surface Transportation Effi- Some have claimed that the PATRIOT Act’s amended. ciency Act of 1991 (105 Stat. 2032; 119 Stat. 1213) is amended by striking ‘‘and on United reform was used to avoid Senate confirmation The question was taken. of permanent U.S. attorneys. To prevent that States Route 422’’. The SPEAKER pro tempore. In the (2) CONFORMING AMENDMENT.—Section alleged abuse, this bill, H.R. 580, was rushed opinion of the Chair, two-thirds being 1105(e)(5)(B)(i)(I) of the Intermodal Surface headlong through the Judiciary Committee. in the affirmative, the ayes have it. Transportation Efficiency Act of 1991 (105 One hearing was held on the bill. But that Mr. CONYERS. Mr. Speaker, on that Stat. 2033; 119 Stat. 1213) is amended by hearing focused mostly on the current U.S. At- I demand the yeas and nays. striking ‘‘and United States Route 422’’. torney controversy, not the bill, itself. It was The yeas and nays were ordered. (f) CORRECTION OF INFRASTRUCTURE FI- then pushed immediately to the full committee, NANCE SECTION.—Section 1602(d)(1) of the The SPEAKER pro tempore. Pursu- Safe, Accountable, Flexible, Efficient Trans- without an opportunity for subcommittee mark- ant to clause 8 of rule XX and the up. portation Equity Act: A Legacy for Users Chair’s prior announcement, further (119 Stat. 1247) is amended by striking Republicans on the Judiciary Committee proceedings on this question will be ‘‘through 189 as sections 601 through 609, re- would have liked to have worked more with postponed. spectively’’ and inserting ‘‘through 190 as the Democrats in a bipartisan fashion to im- sections 601 through 610, respectively’’. f prove the existing law. We might well have (g) TRANSPORTATION SYSTEMS MANAGEMENT found a better solution. SAFETEA–LU TECHNICAL AND OPERATIONS DEFINED.—Section 101(a) of The majority’s own witnesses at the hearing, CORRECTIONS ACT title 23, United States Code, is amended by for example, testified that much of the problem adding at the end the following: Mr. DEFAZIO. Mr. Speaker, I move ‘‘(39) TRANSPORTATION SYSTEMS MANAGE- with the interim appointments process is the to suspend the rules and pass the bill MENT AND OPERATIONS.— time it takes to obtain Senate confirmation. (H.R. 1195) to amend the Safe, Account- ‘‘(A) IN GENERAL.—The term ‘transpor- This bill, however, does not address that prob- able, Flexible, Efficient Transportation tation systems management and operations’ lem. Equity Act: A Legacy for Users to means an integrated program to optimize Given more time, we might have considered make technical corrections, and for the performance of existing infrastructure some promising ideas from the other side of other purposes, as amended. through the implementation of multimodal the Capitol. and intermodal, cross-jurisdictional systems, The Clerk read the title of the bill. services, and projects designed to preserve Senator KYL, for example, proposed a 120- The text of the bill is as follows: capacity and improve security, safety, and day interim appointment power for the Execu- H.R. 1195 reliability of the transportation system. tive Branch, and a 120-day clock for the Sen- Be it enacted by the Senate and House of Rep- ‘‘(B) INCLUSIONS.—The term ‘transpor- ate to confirm permanent appointees. This resentatives of the United States of America in tation systems management and operations’ would have addressed the principal problem. Congress assembled, includes— ‘‘(i) regional operations collaboration and Senator SESSIONS proposed to set qualifica- TITLE I—HIGHWAY PROVISIONS tion standards for judicial appointments of in- coordination activities between transpor- SECTION 101. SURFACE TRANSPORTATION TECH- tation and public safety agencies; and terim appointees. These standards would have NICAL CORRECTIONS. helped prevent unsuitable judicial ap- ‘‘(ii) improvements to the transportation (a) CORRECTION OF INTERNAL REFERENCES IN system, such as traffic detection and surveil- pointees—assuming, for the purposes of argu- DISADVANTAGED BUSINESS ENTERPRISES.— lance, arterial management, freeway man- ment, that there should be any judicial ap- Paragraphs (3)(A) and (5) of section 1101(b) of agement, demand management, work zone pointees of Executive Branch prosecutors. the Safe, Accountable, Flexible, Efficient management, emergency management, elec- This bill would allow judges to appoint the Transportation Equity Act: A Legacy for tronic toll collection, automated enforce- very Executive Branch prosecutors practicing Users (119 Stat. 1156) are amended by strik- ment, traffic incident management, roadway before them, and would raise legal, ethical ing ‘‘paragraph (1)’’ each place it appears and weather management, traveler information inserting ‘‘paragraph (2)’’. and practical concerns. Surely we could have services, commercial vehicle operations, (b) CORRECTION OF DISTRIBUTION OF OBLIGA- done better than return to a flawed law of the traffic control, freight management, and co- TION AUTHORITY.—Section 1102(c)(5) of the ordination of highway, rail, transit, bicycle, past. Safe, Accountable, Flexible, Efficient Trans- and pedestrian operations.’’. The rush to legislation also led to an under- portation Equity Act: A Legacy for Users (h) CORRECTION OF REFERENCE IN APPOR- considered amendment adopted at committee (119 Stat. 1158) is amended by striking TIONMENT OF HIGHWAY SAFETY IMPROVEMENT mark-up. That amendment would preclude the ‘‘among the States’’. PROGRAM FUNDS.—Effective October 1, 2006, use of the full range of tried and true tools in (c) CORRECTION OF FEDERAL LANDS HIGH- section 104(b)(5)(A)(iii) of title 23, United the Vacancy Reform Act to obtain interim U.S. WAYS.—Section 1119 of the Safe, Account- States Code, is amended by striking ‘‘the able, Flexible, Efficient Transportation Eq- Federal-aid system’’ each place it appears Attorneys. uity Act: A Legacy for Users (119 Stat. 1190) Specifically, it would preclude the President and inserting ‘‘Federal-aid highways’’. is amended by striking subsection (m) and (i) CORRECTION OF AMENDMENT TO ADVANCE from reaching out to Senate-confirmed, Presi- inserting the following: CONSTRUCTION.—Section 115 of title 23, dential appointees serving in other capacities, ‘‘(m) FOREST HIGHWAYS.—Of the amounts United States Code, is amended by redesig- rather than just career civil servants, to serve made available for public lands highways nating subsection (d) as subsection (c). in these important posts on an interim basis. under section 1101— (j) CORRECTION OF HIGH PRIORITY The amendment limits the pool of qualified ‘‘(1) not more than $20,000,000 for each fis- PROJECTS.—Section 117 of title 23, United individuals to serve temporarily as U.S. Attor- cal year may be used for the maintenance of States Code, is amended— forest highways; (1) by redesignating subsections (d) neys, so it weakens the federal government’s ‘‘(2) not more than $1,000,000 for each fiscal through (h) as subsections (e) through (i), re- ability to fight crime. year may be used for signage identifying spectively; In these times of the War on Terror and the public hunting and fishing access; and (2) by redesignating the second subsection continuing, age-old war on crime, the service ‘‘(3) not more than $10,000,000 for each fis- (c) (relating to Federal share) as subsection of U.S. Attorneys—the front line of federal law cal year shall be used by the Secretary of (d);

VerDate Aug 31 2005 04:47 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MR7.051 H26MRPT1 mstockstill on PROD1PC66 with HOUSE H3042 CONGRESSIONAL RECORD — HOUSE March 26, 2007 (3) in subsection (a)(2)(A) by inserting ‘‘(112 inserting ‘‘All-American Road, or one of Bridge in or near Port Huron; $12,600,000 for Stat. 257)’’ after ‘‘21st Century’’; and America’s Byways’’. integrated highway realignment and grade (4) in subsection (a)(2)(B)— (o) CORRECTION OF REFERENCE IN TOLL PRO- separations at Port Huron to eliminate road (A) by striking ‘‘subsection (b)’’ and insert- VISION.—Section 166(b)(5)(C) of title 23, blockages from NAFTA rail traffic’’. ing ‘‘subsection (c)’’; and United States Code, is amended by striking (b) NATIONAL CORRIDOR INFRASTRUCTURE (B) by striking ‘‘SAFETEA–LU’’ and in- ‘‘paragraph (3)’’ and inserting ‘‘paragraph IMPROVEMENT PROJECT.—The table contained serting ‘‘Safe, Accountable, Flexible, Effi- (4)’’. in section 1302(e) of the Safe, Accountable, cient Transportation Equity Act: A Legacy (p) CORRECTION OF RECREATIONAL TRAILS Flexible, Efficient Transportation Equity for Users (119 Stat. 1256)’’. PROGRAM APPORTIONMENT EXCEPTIONS.—Sec- Act: A Legacy for Users (119 Stat. 1205) is (k) CORRECTION OF TRANSFER OF UNUSED tion 206(d)(3)(A) of title 23, United States amended in item number 23 by striking the PROTECTIVE-DEVICE FUNDS TO OTHER HIGH- Code, is amended by striking ‘‘(B), (C), and project description and inserting ‘‘Improve- WAY SAFETY IMPROVEMENT PROGRAM (D)’’ and inserting ‘‘(B) and (C)’’. ments to State Road 312, Hammond’’. PROJECTS.—Section 130(e)(2) of title 23, (q) CONSOLIDATION OF GRANT APPLICA- SEC. 104. IDLING REDUCTION FACILITIES. United States Code, is amended by striking TIONS.—Section 402(m) of title 23, United Section 111(d) of title 23, United States ‘‘purposes under this subsection’’ and insert- States Code, is amended in the first sen- Code, is repealed. tence— ing ‘‘highway safety improvement program SEC. 105. PROJECT AUTHORIZATIONS. (1) by striking ‘‘through’’ and inserting purposes’’. (a) IN GENERAL.—The table contained in ‘‘for which’’; and (l) METROPOLITAN TRANSPORTATION PLAN- section 1702 of the Safe, Accountable, Flexi- (2) by inserting ‘‘is appropriate’’ before the NING.— ble, Efficient Transportation Equity Act: A period at the end. (1) Section 134(j)(3)(D) of title 23, United Legacy for Users (119 Stat. 1256) is amend- (r) CORRECTION OF INFRASTRUCTURE FI- States Code, is amended— ed— NANCE.—Section 601(a)(3) of title 23, United (A) by inserting ‘‘or the identified phase’’ States Code, is amended by inserting ‘‘bbb (1) in item number 34 by striking the before ‘‘within the time’’; and minus, BBB (low),’’ after ‘‘Baa3,’’. project description and inserting ‘‘Removal (B) by inserting ‘‘or the identified phase’’ (s) CORRECTION OF MISCELLANEOUS TYPO- and Reconfiguration of Interstate ramps, I– before the period at the end. GRAPHICAL ERRORS.— 40, Memphis’’; (2) Section 134(k)(2) of such title is amend- (1) Section 1401 of the Safe, Accountable, (2) by striking item number 61; ed by striking ‘‘a metropolitan planning area Flexible, Efficient Transportation Equity (3) in item number 87 by striking the serving’’. Act: A Legacy for Users (119 Stat. 1226) is project description and inserting ‘‘M–291 (m) CORRECTION OF HIGHWAY BRIDGE PRO- amended by redesignating subsections (d) highway outer road improvement project’’; GRAM.— and (e) as subsections (c) and (d), respec- (4) in item number 128 by striking (1) IN GENERAL.—Section 144 of title 23, tively. ‘‘$2,400,000’’ and inserting ‘‘$4,800,000’’; United States Code, is amended— (2) Section 1404(e) of such Act (119 Stat. (5) in item number 154 by striking ‘‘Vir- (A) in the section heading by striking ‘‘re- 1229) is amended by inserting ‘‘tribal,’’ after ginia’’ and inserting ‘‘Eveleth’’; placement and rehabilitation’’; ‘‘local,’’. (6) in item number 193 by striking the (B) in subsections (b), (c)(1), and (e) by (3) Section 10211(b)(2) of such Act (119 Stat. project description and inserting ‘‘Improve- striking ‘‘Federal-aid system’’ each place it 1937) is amended by striking ‘‘plan admin- ments to or access to Route 108 to enhance appears and inserting ‘‘Federal-aid high- ister’’ and inserting ‘‘plan and administer’’. access to the business park near Rumford’’; way’’; (4) Section 10212(a) of such Act (119 Stat. (7) in item number 240 by striking (C) in subsections (c)(2) and (o) by striking 1937) is amended— ‘‘$800,000’’ and inserting ‘‘$2,400,000’’; ‘‘the Federal-aid system’’ each place it ap- (A) by inserting ‘‘equity bonus,’’ after (8) by striking item number 248; pears and inserting ‘‘Federal-aid highways’’; ‘‘minimum guarantee,’’; (9) in item number 274 by striking the (D) in the heading to paragraph (4) of sub- (B) by striking ‘‘freight intermodal con- project description and inserting ‘‘Intersec- section (d) by inserting ‘‘SYSTEMATIC’’ before nectors’’ and inserting ‘‘railway-highway tion improvements at Belleville and Ecorse ‘‘PREVENTIVE’’; crossings’’; Roads and approach roadways, and widen (E) in subsection (e) by striking ‘‘off-sys- (C) by striking ‘‘high risk rural road,’’; and Belleville Road from Ecorse to Tyler, Van tem bridges’’ each place it appears and in- (D) by inserting after ‘‘highway safety im- Buren Township, Michigan’’; serting ‘‘bridges not on Federal-aid high- provement programs’’ the following: ‘‘(and (10) in item number 277 by striking the ways’’; separately the set aside for the high risk project description and inserting ‘‘Construct (F) by striking subsection (f); rural road program)’’. connector road from Rushing Drive North to (G) by redesignating subsections (g) Grand Ave., Williamson County’’; SEC. 102. MAGLEV. through (s) as subsections (f) through (r), re- (11) in item number 395 by striking the (a) FUNDING.—Section 1101(a)(18) of the spectively; Safe, Accountable, Flexible, Efficient Trans- project description and inserting ‘‘Plan and (H) in paragraph (2) of subsection (f) (as re- portation Equity Act: A Legacy for Users construct interchange at I–65, from existing designated by subparagraph (G)) by striking (119 Stat. 1155) is amended by striking sub- SR–109 to I–65’’; the paragraph heading and inserting paragraphs (A) and (B) and inserting the fol- (12) in item number 463 by striking ‘‘BRIDGES NOT ON FEDERAL-AID HIGHWAYS’’; lowing: ‘‘Cookeville’’ and inserting ‘‘Putnam Coun- (I) in subsection (m) (as redesignated by ‘‘(A) $20,000,000 for fiscal year 2007; and ty’’; subparagraph (G)) by striking the subsection ‘‘(B) $35,000,000 for each of fiscal years 2008 (13) in item number 576 by striking the heading and inserting ‘‘PROGRAM FOR and 2009.’’. project description and inserting ‘‘Design, BRIDGES NOT ON FEDERAL-AID HIGHWAYS’’; (b) CONTRACT AUTHORITY.—Section 1307 of right-of-way, and construction of Nebraska and the Safe, Accountable, Flexible, Efficient Highway 35 between Norfolk and South (J) in subsection (n)(4)(B) (as redesignated Transportation Equity Act: A Legacy for Sioux City, including an interchange at by subparagraph (G)) by striking ‘‘State Users (119 Stat. 1217) is amended by adding at Milepost 1 on I–129’’; highway agency’’ and inserting ‘‘State trans- the end the following: (14) in item number 595 by striking ‘‘Street portation department’’. ‘‘(e) CONTRACT AUTHORITY.—Funds author- Closure at’’ and inserting ‘‘Transportation (2) CONFORMING AMENDMENTS.— ized under section 1101(a)(18) shall be avail- improvement project near’’; (A) METROPOLITAN PLANNING.—Section able for obligation in the same manner as if (15) in item number 649 by striking the 104(f)(1) of such title is amended by striking the funds were apportioned under chapter 1 project description and inserting ‘‘Construc- ‘‘replacement and rehabilitation’’. of title 23, United States Code; except that tion and enhancement of the Fillmore Ave- (B) EQUITY BONUS PROGRAM.—Subsections the funds shall not be transferable and shall nue Corridor, Buffalo’’; (a)(2)(C) and (b)(2)(C) of section 105 of such remain available until expended, and the (16) in item number 655 by inserting ‘‘, title are amended by striking ‘‘replacement Federal share of the cost of a project to be safety improvement construction,’’ after and rehabilitation’’ each place it appears. carried out with such funds shall be 80 per- ‘‘Environmental studies’’; (C) ANALYSIS.—The analysis for chapter 1 cent.’’. (17) in item number 676 by striking the of such title is amended in the item relating SEC. 103. PROJECTS OF NATIONAL AND RE- project description and inserting ‘‘St. Croix to section 144 by striking ‘‘replacement and GIONAL SIGNIFICANCE AND NA- River crossing project, Wisconsin State rehabilitation’’. TIONAL CORRIDOR INFRASTRUC- Highway 64, St. Croix County, Wisconsin, to (n) CORRECTION OF NATIONAL SCENIC BY- TURE IMPROVEMENT PROJECTS. Minnesota State Highway 36, Washington WAYS PROGRAM COVERAGE.—Section 162 of (a) PROJECT OF NATIONAL AND REGIONAL County’’; title 23, United States Code, is amended— SIGNIFICANCE.—The table contained in sec- (18) in item number 770 by striking the (1) in subsection (a)(3)(B) by striking ‘‘a tion 1301(m) of the Safe, Accountable, Flexi- project description and inserting ‘‘Improve National Scenic Byway under subparagraph ble, Efficient Transportation Equity: A Leg- existing Horns Hill Road in North Newark, (A)’’ and inserting ‘‘a National Scenic acy for Users (119 Stat. 1203) is amended in Ohio, from Waterworks Road to Licking Byway, an All-American Road, or one of item number 4 by striking the project de- Springs Road’’; America’s Byways under paragraph (1)’’; and scription and inserting ‘‘$7,400,000 for plan- (19) in item number 777 by striking the (2) in subsection (c)(3) by striking ‘‘or All- ning, design, and construction of a new project description and inserting ‘‘Akutan American Road’’ each place it appears and American border plaza at the Blue Water Airport access’’;

VerDate Aug 31 2005 02:59 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MR7.031 H26MRPT1 mstockstill on PROD1PC66 with HOUSE March 26, 2007 CONGRESSIONAL RECORD — HOUSE H3043 (20) in item number 829 by striking the (40) in item number 2015 by striking the (61) in item number 3537 by inserting ‘‘and project description and inserting ‘‘$400,000 to project description and inserting ‘‘Heidel- the study of alternatives along the North conduct New Bedford/Fairhaven Bridge mod- berg Borough/Scott Township/Carnegie Bor- South Corridor,’’ after ‘‘Valley’’; ernization study; $1,000,000 to design and ough for design, engineering, acquisition, (62) in item number 3582 by striking the build New Bedford Business Park access and construction of streetscaping enhance- project description and inserting ‘‘Improving road’’; ments, paving, lighting and safety upgrades, Outer Harbor access through planning, de- (21) in item number 881 by striking the and parking improvements’’; sign, construction, and relocations of project description and inserting ‘‘Pedes- (41) in item number 2087 by striking the Southtowns Connector–NY Route 5, trian safety improvements near North Atlan- project description and inserting ‘‘Railroad Fuhrmann Boulevard, and a bridge con- tic Boulevard, Monterey Park’’; crossing improvement on Illinois Route 82 in necting the Outer Harbor to downtown Buf- (22) in item number 923 by striking the Geneseo’’; falo at the Inner Harbor’’; project description and inserting ‘‘Improve (42) in item number 2211 by striking the (63) in item number 3604 by inserting safety of a horizontal curve on Clarksville project description and inserting ‘‘Construct ‘‘/Kane Creek Boulevard’’ after ‘‘500 West’’; St. 0.25 miles north of 275th Rd. in Grandview road projects and transportation enhance- (64) in item number 3632 by striking the Township, Edgar County’’; ments as part of or connected to RiverScape State, project description, and amount and (23) in item number 947 by striking the Phase III, Montgomery County, Ohio’’; inserting ‘‘FL’’, ‘‘Pine Island Road pedes- project description and inserting ‘‘Third (43) in item number 2234 by striking the trian overpass, city of Tamarac’’, and East/West River Crossing, St. Lucie River’’; project description and amount and inserting ‘‘$610,000’’, respectively; (24) in item numbers 959 and 3327 by strik- (65) in item number 3634 by striking the ‘‘North Atherton Signal Coordination ing ‘‘Northern Section,’’ each place it ap- matters in the State, project description, Project in Centre County’’ and ‘‘$400,000’’, re- pears; and amount columns and inserting ‘‘FL’’, spectively; (25) in item number 963 by striking the ‘‘West Avenue Bridge, city of Miami Beach’’, (44) in item number 2316 by striking the project description and inserting ‘‘For engi- and ‘‘$620,000’’, respectively; project description and inserting ‘‘Construct neering, right-of-way acquisition, and recon- (66) in item number 3673 by striking the a new bridge at Indian Street, Martin Coun- struction of 2 existing lanes on Manhattan project description and inserting ‘‘Improve ty’’; Road from Baseline Road to Route 53’’; marine dry-dock and facilities in Ketch- (26) in item number 983 by striking the (45) in item number 2420 by striking the ikan’’; project description and inserting ‘‘Land ac- project description and inserting ‘‘Precon- (67) in item number 2942 by striking the quisition for highway mitigation in Cecil, struction and construction activities of U.S. project description and inserting ‘‘Rede- Kent, Queen Annes, and Worcester Coun- 51 between the Assumption Bypass and signing the intersection of Business U.S. 322/ ties’’; Vandalia’’; High Street and Rosedale Avenue and con- (27) in item number 1039 by striking the (46) in item number 2482 by striking ‘‘Coun- structing a new East Campus Drive between project description and inserting ‘‘Widen try’’ and inserting ‘‘County’’; High Street (U.S. 322) and Matlock Street at State Route 98, including storm drain devel- (47) in item number 2663 by striking the West Chester University, West Chester, opments, from D. Navarro Avenue to State project description and inserting ‘‘Rosemead Pennsylvania’’; Route 111’’; Boulevard safety enhancement and beautifi- (68) in item number 2781 by striking the (28) in item number 1047 by striking the cation, Temple City’’; project description and inserting ‘‘Highway project description and inserting ‘‘Bridge (48) in item number 2671 by striking ‘‘from and road signage, road construction, and and road work at Little Susitna River Access 2 to 5 lanes and improve alignment within other transportation improvement and en- road in Matanuska-Susitna Borough’’; rights-of-way in St. George’’ and inserting ‘‘, hancement projects on or near Highway 26, (29) in item number 1124 by striking St. George’’; in Riverton and surrounding areas’’; ‘‘bridge over Stillwater River, Orono’’ and by (49) in item number 2743 by striking the (69) in item number 2430 by striking ‘‘200 inserting ‘‘routes’’; project description and inserting ‘‘Improve South Interchange’’ and inserting ‘‘400 South (30) in item number 1206 by striking safety of culvert replacement on 250th Rd. Interchange’’; ‘‘Pleasantville’’ and inserting ‘‘Briarcliff between 460th St. and Cty Hwy 20 in Grand- (70) by striking item number 20; Manor’’; view Township, Edgar County’’; (71) in item number 424 by striking (31) in item number 1281 by striking the (50) by striking item number 2800; ‘‘$264,000’’ and inserting ‘‘$644,000’’; project description and inserting ‘‘Upgrade (51) in item number 2826 by striking ‘‘State (72) in item number 1210 by striking the roads in Attala County District 4 (Roads 4211 Street and Cajon Boulevard’’ and inserting project description and inserting ‘‘Town of and 4204), Kosciusko, Ward 2, and Ethel, ‘‘Palm Avenue’’; New Windsor—Riley Road, Shore Drive, and Attala County’’; (52) in item number 2931 by striking area road improvements’’; (32) in item number 1487 by striking ‘‘Frazho Road’’ and inserting ‘‘Martin (73) by striking item numbers 68, 905, and ‘‘$800,000’’ and inserting ‘‘$1,600,000’’; Road’’; 1742; (33) in item number 1575 by striking the (53) in item number 3047 by inserting ‘‘and (74) in item number 1059 by striking project description and inserting ‘‘Highway roadway improvements’’ after ‘‘safety ‘‘$240,000’’ and inserting ‘‘$420,000’’; and road signage, and traffic signal synchro- project’’ ; (75) in item number 2974 by striking nization and upgrades, in Shippensburg Boro, (54) in item number 3078 by striking the ‘‘$120,000’’ and inserting ‘‘$220,000’’; Shippensburg Township, and surrounding project description and inserting ‘‘U.S. 2/Sul- (76) by striking item numbers 841, 960, and municipalities’’; tan Basin Road improvements in Sultan’’; 2030; (34) in item number 1661 by striking the (55) in item number 3174 by striking the (77) in item number 1278 by striking project description and inserting ‘‘Sheldon project description and inserting ‘‘Improving ‘‘$740,000’’ and inserting ‘‘$989,600’’; West Extension in Matanuska-Susitna Bor- Outer Harbor access through planning, de- (78) in item number 207 by striking ough’’; sign, construction, and relocations of ‘‘$13,600,000’’ and inserting ‘‘$13,200,000’’; (35) in item number 1810 by striking the Southtowns Connector–NY Route 5, (79) in item number 2656 by striking project description and inserting ‘‘Design, Fuhrmann Boulevard, and a bridge con- ‘‘$12,228,000’’ and inserting ‘‘$8,970,000’’; engineering, ROW acquisition, construction, necting the Outer Harbor to downtown Buf- (80) in item number 1983 by striking and construction engineering for the recon- falo at the Inner Harbor’’; ‘‘$1,600,000’’ and inserting ‘‘$1,000,000’’; struction of TH 95, from 12th Avenue to (56) in item number 3219 by striking ‘‘For- (81) in item number 753 by striking CSAH 13, including bridge and approaches, est’’ and inserting ‘‘Warren’’; ‘‘$2,700,000’’ and inserting ‘‘$3,200,000’’; ramps, intersecting roadways, signals, turn (57) in item number 3254 by striking the (82) in item number 64 by striking lanes, and multiuse trail, North Branch’’; project description and inserting ‘‘Recon- ‘‘$6,560,000’’ and inserting ‘‘$8,480,000’’; (36) in item number 1852 by striking ‘‘Mile- struct PA Route 274/34 Corridor, Perry Coun- (83) in item number 2338 by striking post 9.3’’ and inserting ‘‘Milepost 24.3’’; ty’’; ‘‘$1,600,000’’ and inserting ‘‘$1,800,000’’; (37) in item numbers 1926 and 2893 by strik- (58) in item number 3260 by striking ‘‘Lake (84) in item number 1533 by striking ing the project descriptions and inserting Shore Drive’’ and inserting ‘‘Lakeshore ‘‘$392,000’’ and inserting ‘‘$490,000’’; ‘‘Grading, paving roads, and the transfer of Drive and parking facility/entrance improve- (85) in item number 1354 by striking rail-to-truck for the intermodal facility at ments serving the Museum of Science and In- ‘‘$40,000’’ and inserting ‘‘$50,000’’; Rickenbacker Airport, Columbus, Ohio’’; dustry’’; (86) in item number 3106 by striking (38) in item number 1933 by striking the (59) in item number 3368 by striking the ‘‘$400,000’’ and inserting ‘‘$500,000’’; project description and inserting ‘‘Enhance project description and inserting ‘‘Plan, de- (87) in item number 799 by striking Byzantine Latino Quarter transit plazas at sign, and engineering, Ludlam Trail, ‘‘$1,600,000’’ and inserting ‘‘$2,000,000’’; Normandie and Pico, and Hoover and Pico, Miami’’; (88) in item number 159— Los Angeles, by improving streetscapes, in- (60) in item number 3410 by striking the (A) by striking ‘‘Construct interchange for cluding expanding concrete and paving’’; project description and inserting ‘‘Design, 146th St. and I–69’’ and inserting ‘‘Upgrade (39) in item number 1975 by striking the purchase land, and construct sound walls 146th St. to I–69 Access’’; and project description and inserting ‘‘Point along the west side of I–65 from approxi- (B) by striking ‘‘$2,400,000’’ and inserting MacKenzie Access Road improvements in mately 950 feet south of the Harding Place ‘‘$3,200,000’’; Matanuska-Susitna Borough’’; interchange south to Hogan Road’’; (89) by striking item number 2936;

VerDate Aug 31 2005 04:47 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MR7.031 H26MRPT1 mstockstill on PROD1PC66 with HOUSE H3044 CONGRESSIONAL RECORD — HOUSE March 26, 2007 (90) in item number 3138 by striking the (112) in item number 615 by striking the Vladimir’s Cemetery on Mountain Road project description and inserting ‘‘Elimi- project description and inserting ‘‘Roadway (S.R. 1007)’’ after ‘‘roadway redesign’’; nation of highway-railway crossing along the improvements to Jackson Avenue between (126) in item number 2308 by striking the KO railroad from Salina to Osborne to in- Jericho Turnpike and Teibrook Avenue’’; project description and inserting ‘‘Design, crease safety and reduce congestion’’; (113) in item number 889 by striking the engineering, right-of-way acquisition, and (91) in item number 2274 by striking ‘‘be- project description and inserting ‘‘U.S. 160, construction of streetscaping enhancements, tween Farmington and Merriman’’ and in- State Highway 3 to east of the Florida paving, lighting, safety improvements, park- serting ‘‘between Hines Drive and Inkster, River’’; ing, and roadway redesign, including a Flamingo Street between Ann Arbor Trail (114) in item number 324 by striking the project to establish emergency access to and Joy Road, and the intersection of War- project description and inserting ‘‘Paving a Catherino Drive from South Valley Avenue ren Road and Newburgh Road’’; portion of H–58 from Buck Hill to 4,000 feet in Throop Borough, Lackawanna County’’; (92) in item number 52 by striking the east of Hurricane River’’; (127) in item number 967 by striking the project description and inserting ‘‘Pontiac (115) in item number 301 by striking the project description and inserting ‘‘Design, Trail between E. Liberty and McHattie project description and inserting ‘‘Improve- engineering, right-of-way acquisition, and Street’’; ments for St. Georges Avenue between East construction of streetscaping enhancements, (93) in item number 1544 by striking ‘‘con- Baltimore Avenue on the southwest and paving, lighting, safety improvements, park- nector’’; Chandler Avenue on the northeast’’; ing, roadway redesign, and catch basin res- (94) in item number 2573 by striking the (116) in item number 1519 by inserting ‘‘at toration and replacement on Cherry Street, the intersection of Quincy/West Drinker/ Willow Street, Eno Street, Flat Road, project description and inserting ‘‘Rehabili- Electric Streets near the Dunmore School Krispin Street, Parrish Street, Carver tation of Sugar Hill Road in North Salem, complex’’ after ‘‘roadway redesign’’; Street, Church Street, Franklin Street, NY’’; (117) in item number 2604 by inserting ‘‘on Carolina Street, East Main Street, and Rear (95) in item number 1450 by striking ‘‘III– Coolidge, Bridge (from Main to Monroe), Shawnee Avenue in Plymouth Borough, VI’’ and inserting ‘‘III–VII’’; Skytop (from Gedding to Skytop), Atwell Luzerne County’’; (96) in item number 2637 by striking the (from Bear Creek Rd. to Pittston Township), (128) in item number 989 by inserting ‘‘on project description and inserting ‘‘Construc- Wood (to Bear Creek Rd.), Pine, Oak (from Old Ashley Road, Ashley Street, Phillips tion, road and safety improvements in Penn Avenue to Lackawanna Avenue), Street, First Street, Ferry Road, and Divi- Geauga County, OH’’; McLean, Second, and Lolli Lane’’ after sion Street’’ after ‘‘roadway redesign’’; (97) in item number 2342 by inserting ‘‘and ‘‘roadway redesign’’; (129) in item number 342 by striking the to Heisley Road’’ after ‘‘Interchange’’; (118) in item number 1157 by inserting ‘‘on project description and inserting ‘‘Design, (98) in item number 161 by striking the Mill Street from Prince Street to Roberts engineering, right-of-way acquisition, and project description and inserting ‘‘Construct Street, John Street from Roberts Street to construction of streetscaping enhancements, False Pass causeway and road to the ter- end, Thomas Street from Roberts Street to paving, lighting, safety improvements, park- minus of the south arm breakwater end, Williams Street from Roberts Street to ing, roadway redesign, and cross pipe and project’’; end, Charles Street from Roberts Street to catch basin restoration and replacement on (99) in item number 2002 by striking the end, Fair Street from Roberts Street to end, Northgate, Mandy Court, Vine Street, and project description and inserting ‘‘Provi- Newport Avenue from East Kirmar Avenue 36th Street in Milnesville West, and on Hill- dence Hospital public access road and en- to end’’ after ‘‘roadway redesign’’; side Drive (including the widening of the hancements, including access connections (119) in item number 805 by inserting ‘‘on bridge on Hillside Drive), Club 40 Road, Sun- between the proposed Providence Regional Oak Street from Stark Street to the town- burst and Venisa Drives, and Stockton #7 Administration Building and Piper Street, to ship line at Mayock Street and on East Road in Hazle Township, Luzerne County’’; improve access and circulation in the Prov- Mountain Boulevard’’ after ‘‘roadway rede- (130) in item number 2332 by striking idence Southwest Campus’’; sign’’; ‘‘Monroe County’’ and inserting ‘‘Carbon, (100) in item number 2023 by striking the (120) in item number 2704 by inserting ‘‘on Monroe, Pike, and Wayne Counties’’; project description and inserting ‘‘Biking West Cemetery Street and Frederick Courts’’ (131) in item number 2436 by striking the and pedestrian trail construction, after ‘‘roadway redesign’’; project description and amount and inserting Kentland’’; (121) in item number 3136 by inserting ‘‘on ‘‘For Wilkes-Barre to design, acquire land, (101) in item number 2035 by striking ‘‘Re- Walden Drive and Greenwood Hills Drive’’ and construct a parking garage or parkade, place’’ and inserting ‘‘Repair’’; after ‘‘roadway redesign’’; streetscaping enhancements, paving, light- (102) in item number 2511 by striking ‘‘Re- (122) in item number 1363 by striking the ing, safety improvements, and roadway rede- place’’ and inserting ‘‘Rehabilitate’’; project description and inserting ‘‘Design, sign at and around the Sterling Hotel in (103) in item number 2981 by striking the engineering, right-of-way acquisition, and Wilkes-Barre, including on River Street, project description and inserting ‘‘Roadway construction of streetscaping enhancements, Market Street, or Franklin Street (or any improvements on Highway 262 on the Navajo paving, lighting, safety improvements, hand- combination thereof) to the vicinity of the Nation in Aneth’’; icap access ramps, parking, and roadway re- Irem Temple’’ and ‘‘$3,000,000’’, respectively; (104) in item number 2068 by inserting ‘‘and design on Bilbow Street from Church Street (132) in item number 2723 by striking approaches’’ after ‘‘capacity’’; to Pugh Street, on Pugh Street from Swal- ‘‘$4,000,000’’ and by inserting ‘‘$3,150,000’’; (105) in item number 98 by striking the low Street to Main Street, Jones Lane from (133) in item number 61 by striking the project description and inserting ‘‘Right-of- Main Street to Hoblak Street, Cherry Street matters in the State, project description, way and construction for the 77th Street re- from Green Street to Church Street, Main and amount columns and inserting ‘‘AL’’, construction project, including the Lyndale Street from Jackson Street to end, Short ‘‘Grade crossing improvements along Avenue Bridge over I–494, Richfield’’; Street from Cherry Street to Main Street, Wiregrass Central RR at Boll Weevil Bypass (106) in item number 1783 by striking the and Hillside Avenue in Edwardsville Bor- in Enterprise, AL’’, and ‘‘$250,000’’, respec- project description and inserting ‘‘Clark ough, Luzerne County’’; tively; Road access improvements, Jacksonville’’; (123) in item number 883 by striking the (134) in item number 314 by striking the (107) in item number 2711 by striking the project description and inserting ‘‘Design, project description and amount and inserting project description and inserting ‘‘Main engineering, right-of-way acquisition, and ‘‘Streetscape enhancements to the transit Street Road Improvements through Spring- construction of streetscaping enhancements, and pedestrian corridor, Fort Lauderdale, field, Jacksonville’’; paving, lighting, parking, roadway redesign, Downtown Development Authority’’ and (108) in item number 3485 by striking the and safety improvements (including curbing, ‘‘$610,000’’, respectively; project description and inserting ‘‘Improve stop signs, crosswalks, and pedestrian side- (135) in item number 1639 by striking the SR 105 (Hecksher Drive) from Drummond walks) at and around the 3-way intersection project description and inserting ‘‘Oper- Point to August Road, including bridges involving Susquehanna Avenue, Erie Street, ational and highway safety improvements on across the Broward River and Dunns Creek, and Second Street in West Pittston, Luzerne Hwy 94 between the 20 mile marker post in Jacksonville’’; County’’; Jamul and Hwy 188 in Tecate’’; (109) in item number 3486 by striking the (124) in item number 625 by striking the (136) in item number 2860 by striking the project description and inserting ‘‘Construct project description and inserting ‘‘Design, project description and inserting ‘‘Roadway improvements to NE 19th Street/NE 19th engineering, right-of-way acquisition, and improvements from Halchita to Mexican Hat Terrace from NE 3rd Avenue to NE 8th Ave- construction of streetscaping enhancements, on the Navajo Nation’’; nue, Gainesville’’; paving, lighting, safety improvements, park- (137) in item number 2549 by striking ‘‘on (110) in item number 3487 by striking the ing, and roadway redesign on Sampson Navy Pier’’; project description and inserting ‘‘Construct Street, Dunn Avenue, Powell Street, Jose- (138) in item number 2804 by striking ‘‘on improvements to NE 25th Street from SR 26 phine Street, Pittston Avenue, Railroad Navy Pier’’; (University Blvd.) to NE 8th Avenue, Gaines- Street, McClure Avenue, and Baker Street in (139) in item number 1328 by striking the ville’’; Old Forge Borough, Lackawanna County’’; project description and inserting ‘‘Construct (111) in item number 803 by striking ‘‘St. (125) in item number 372 by inserting ‘‘, re- public access roadways and pedestrian safety Clair County’’ and inserting ‘‘city of Madi- placement of the Nesbitt Street Bridge, and improvements in and around Montclair State son’’; placement of a guard rail adjacent to St. University in Clifton’’;

VerDate Aug 31 2005 02:59 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MR7.031 H26MRPT1 mstockstill on PROD1PC66 with HOUSE March 26, 2007 CONGRESSIONAL RECORD — HOUSE H3045 (140) in item number 2559 by striking the ‘‘Pedestrian and bicycle facilities, and street subway stations in Astoria, New York’’ and project description and inserting ‘‘Construct lighting in Haddon Heights’’ and ‘‘$300,000’’, ‘‘$1,300,000’’, respectively; sound walls on Route 164 at and near the respectively; (171) in item number 3556 by striking the Maersk interchange’’; (160) in item number 2720 by striking the project description and amount and inserting (141) in item number 1849 by striking the project description and amount and inserting ‘‘Design and rehabilitate staircases used as project description and inserting ‘‘Highway, ‘‘Pedestrian and bicycle facilities and street streets due to the steep grade of terrain in traffic-flow, pedestrian facility, and lighting in Barrington and streetscape im- Bronx County’’ and ‘‘$1,100,000’’, respectively; streetscape improvements, Pittsburgh’’; provements to Clements Bridge Road from (172) by striking item number 203; (142) in item number 697 by striking the the circle at the White Horse Pike to NJ (173) by striking item number 552; project description and inserting ‘‘Highway, Turnpike overpass in Barrington’’ and (174) by striking item number 590; traffic-flow, pedestrian facility, and ‘‘$700,000’’, respectively; (175) by striking item number 759; streetscape improvements, Pittsburgh’’; (161) in item number 2523 by striking the (176) by striking item number 879; (143) in item number 3597 by striking the project description and inserting ‘‘Penobscot (177) by striking item number 1071; project description and inserting ‘‘Road Riverfront Development for bicycle trails, (178) by striking item number 1382; Alignment from IL Route 159 to Sullivan amenities, traffic circulation improvements, (179) by striking item number 1897; Drive, Swansea’’; and waterfront access and stabilization, Ban- (180) by striking item number 2553; (144) in item number 2352 by striking the gor and Brewer’’; (181) in item number 3014 by striking the project description and inserting (162) in item number 545 by striking the project description and amount and inserting ‘‘Streetscaping and transportation enhance- project description and inserting ‘‘Planning, ‘‘Design and Construct school safety projects ments on 7th Street in Calexico, traffic sig- design, and construction of improvements to in New York City’’ and ‘‘$2,500,000’’, respec- nalization on Highway 78, construction of the highway systems connecting to tively; the Renewable Energy and Transportation Lewistown and Auburn downtowns’’; (182) in item number 2375 by striking the Learning Center, improve and enlarge park- (163) in item number 2168 by striking the project description and amount and inserting ing lot, and create bus stop, Brawley’’; project description and amount and inserting ‘‘Subsurface environmental study to meas- (145) in item number 3482 by striking the project description and inserting ‘‘Conduct a ‘‘Study and design, engineering, right-of-way ure presence of methane and benzene gasses study to examine multi-modal improvements acquisition, and construction of street im- in vicinity of Greenpoint, Brooklyn, and the to the I–5 corridor between the Main Street provements, streetscaping enhancements, Kosciusko Bridge, resulting from the New- Interchange and State Route 54’’; paving, lighting, safety improvements, along town Creek oil spill’’ and ‘‘$100,000’’; (146) in item number 1275 by striking the the Rt. 315 corridor from Dupont to Wilkes (183) in item number 221 by striking the project description and inserting ‘‘Scoping, Barre’’ and ‘‘$1,000,000’’, respectively; project description and inserting ‘‘Study and permitting, engineering, construction man- (164) in item number 170 by striking the implement transportation improvements in agement, and construction of Riverbank project description and amount and inserting the Breezy Point neighborhood of Queens Park Bike Trail, Kearny’’; ‘‘Study of a Maglev train route from North- County’’; (147) in item number 726 by striking the east Pennsylvania through New Jersey and (184) in item number 2732 striking the project description and inserting ‘‘Grade New York’’ and ‘‘$1,600,000’’, respectively; project description and inserting ‘‘Pedes- Separation at Vanowen and Clybourn, Bur- (165) in item number 2366 by striking the trian safety improvements in the vicinity of bank’’; project description and inserting ‘‘Design, LIRR stations’’; (148) in item number 1579 by striking the engineering, right-of-way acquisition, and (185) by striking item number 99; project description and inserting ‘‘San Ga- paving of the parking lot at the Casey Plaza (186) in item number 398 by striking the briel Blvd. rehabilitation project, Mission in Wilkes-Barre Township’’; project description and inserting ‘‘Construct Road to Broadway, San Gabriel’’; (166) in item number 826 by striking ‘‘and a new 2-lane road extending north from Uni- (149) in item number 2690 by striking the Interstate 81’’ and inserting ‘‘and exit 168 on versity Park Drive and improvements to project description and inserting ‘‘San Ga- Interstate 81 or the intersection of the con- University Park Drive’’; briel Blvd. rehabilitation project, Mission nector road with Northampton St.’’; (187) in item number 446 by striking the Road to Broadway, San Gabriel’’; (167) in item number 2144 by striking the project description and inserting ‘‘Transpor- (150) in item number 2811 by striking the project description and inserting ‘‘Design, tation improvements for development of the project description and inserting ‘‘San Ga- engineering, right-of-way acquisition and Williamsport-Pile Bay Road corridor’’; briel Blvd. rehabilitation project, Mission construction of streetscaping enhancements, (188) in item number 671 by striking ‘‘and Road to Broadway, San Gabriel’’; paving, lighting, safety improvements, park- Pedestrian Trail Expansion’’ and inserting ‘‘, (151) in item number 259 by striking the ing, and roadway redesign on Third Street including parking facilities and Pedestrian project description and inserting ‘‘Design from Pittston Avenue to Packer Street; Trail Expansion’’; and construction of the Clair Nelson Inter- Swift Street from Packer Street to Railroad (189) in item number 674 by striking the modal Center in Finland, Lake County’’; Street; Clark Street from Main Street to matters in the State, project description, (152) in item number 3456 by striking the South Street; School Street from Main and amount columns and inserting ‘‘AL’’, project description and by inserting ‘‘Com- Street to South Street; Plane Street from ‘‘Grade crossing improvements along pletion of Phase II/Part I of a project on Eliz- Grove Street to William Street; John Street Conecuh Valley RR at Henderson Highway abeth Avenue in Coleraine to west of Itasca from 4 John Street to William Street; Grove (CR–21) in Troy, AL’’, and ‘‘$300,000’’, respec- County State Aid Highway 15 in Itasca Coun- Street from Plane Street to Duryea Borough tively; ty’’; line; Wood Street from Cherry Street to (190) in item number 739 by striking the (153) in item number 2429 by striking the Hawthorne Street in Avoca Borough, matters in the State, project description, project description and inserting ‘‘Upgrade Luzerne County’’; and amount columns and inserting ‘‘AL’’, streets, undertake streetscaping, and imple- (168) in item number 1765 by striking the ‘‘Grade crossing improvements along ment traffic and pedestrian safety signaliza- project description and amount and inserting Luxapalila Valley RR in Lamar and Fayette tion improvements and highway-rail cross- ‘‘Design, engineering, right-of-way acquisi- Counties, AL (Crossings at CR–6, CR–20, SH– ing safety improvements, Oak Lawn’’; tion, and construction of street improve- 7, James Street, and College Drive)’’, and (154) in item number 766 by striking the ments, streetscaping enhancements, paving, ‘‘$300,000’’, respectively; project description and inserting ‘‘Design lighting, safety improvements, parking, (191) in item number 746 by striking ‘‘Plan- and construction of the walking path at Ellis roadway redesign in Pittston, including ning and construction of a bicycle trail adja- Pond, Norwood’’; right-of-way acquisition, structure demoli- cent to the I–90 and SR 615 Interchange in’’ (155) in item number 3474 by striking the tion, and intersection safety improvements and inserting ‘‘Planning, construction, and project description and inserting ‘‘Yellow in the vicinity and including the intersection extension of bicycle trails adjacent to the I– River Trail, Newton County’’; of Main and William Streets in Pittston’’ 90 and SR 615 Interchange, along the Green- (156) in item number 3291 by striking the and ‘‘$1,600,000’’, respectively; way Corridor and throughout’’; amount and inserting ‘‘$200,000’’; (169) in item number 2957 by striking the (192) in item number 749 by striking the (157) in item number 3635 by striking the project description and amount and inserting matters in the State, project description, matters in the State, project description, ‘‘Design, engineering, land acquisition, and amount columns and inserting ‘‘PA’’, and amount columns and inserting ‘‘GA’’, right-of-way acquisition, and construction of ‘‘UPMC Heliport in Bedford’’, and ‘‘$750,000’’, ‘‘Access Road in Montezuma’’, and a parking garage, streetscapping enhance- respectively; ‘‘$200,000’’, respectively; ments, paving, lighting, safety improve- (193) in item number 813 by striking the (158) in item number 716 by striking the ments, parking, and roadway redesign in the project description and inserting ‘‘Prelimi- project description and inserting ‘‘Conduct a city of Wilkes-Barre’’ and ‘‘$2,800,000’’, re- nary design and study of long-term roadway project study report for new Highway 99 spectively; approach alternatives to TH 36/SH 64 St. Interchange between SR 165 and Bradbury (170) in item number 3283 by striking the Croix River Crossing Project’’; Road, and safety improvements/realignment project description and amount and inserting (194) in item number 816 by striking of SR 165, serving Turlock/Hilmar region’’; ‘‘Pedestrian access improvements, including ‘‘$800,000’’ and inserting ‘‘$880,000’’; (159) in item number 1386 by striking the installation of infrastructure and equipment (195) in item number 852 by striking ‘‘Ac- project description and amount and inserting for security and surveillance purposes at quire Right-of-Way for Ludlam Trail, Miami,

VerDate Aug 31 2005 02:59 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MR7.031 H26MRPT1 mstockstill on PROD1PC66 with HOUSE H3046 CONGRESSIONAL RECORD — HOUSE March 26, 2007 Florida’’ and inserting ‘‘Planning, design, (219) in item number 1738 by striking ‘‘Pav- and Mount Pleasant Road Interchange Safe- and engineering, Ludlam Trail, Miami’’; ing’’ and inserting ‘‘Planning, design, and ty Improvements, Westmoreland County, in- (196) in item number 994 by striking the construction’’; stall light installations at intersection and matters in the State, project description, (220) in item number 3672 by striking the consolidate entrances and exits to Route 30’’. and amount columns and inserting ‘‘PA’’, project description and inserting ‘‘Pave re- (b) UNUSED OBLIGATION AUTHORITY.—Not- ‘‘Construct 2 flyover ramps and S. Linden maining stretch of BIA Route 4 from the withstanding any other provision of law, un- Street exit for access to industrial sites in junction of the BIA Route 4 and N8031 in used obligation authority made available for the cities of McKeesport and Duquesne’’, and Pinon, AZ, to the Navajo and Hopi border’’; an item in section 1702 of the Safe, Account- ‘‘$500,000’’, respectively; (221) in item number 2424 by striking ‘‘Con- able, Flexible, Efficient Transportation Eq- (197) in item number 1015 by striking the struction’’ and inserting ‘‘preconstruction uity Act: A Legacy for Users (119 Stat. 1256) project description and inserting ‘‘Mis- (including survey and archeological clear- that is repealed, or authorized funding for sissippi River Crossing connecting I–94 and ances) and construction’’; such an item that is reduced, by this section US 10 between US 160 and TH 101, MN’’; (222) in item number 1216 by striking the shall be made available— (198) in item number 1101 by striking the matters in the State, project description, (1) for an item in section 1702 of that Act project description and inserting ‘‘I–285 un- and amount columns and inserting ‘‘PA’’, that is added or increased by this section and derpass/tunnel assessment and engineering ‘‘For roadway construction improvements to that is in the same State as the item for and interchange improvements in Sandy Route 222 relocation, Lehigh County’’, and which obligation authority or funding is re- Springs’’; ‘‘$1,313,000’’, respectively; pealed or reduced; (199) in item number 1211 by striking the (223) in item number 2956 by striking (2) in an amount proportional to the matters in the State, project description, ‘‘$1,360,000’’ and inserting ‘‘$2,080,000’’; amount of obligation authority or funding and amount columns and inserting ‘‘PA’’, (224) in item number 1256 by striking the that is so repealed or reduced; and ‘‘Road improvements and upgrades related to matters in the State, project description, (3) individually for projects numbered 1 the Pennsylvania State Baseball Stadium’’, and amount columns and inserting ‘‘PA’’, through 3676 pursuant to section 1102(c)(4)(A) and ‘‘$500,000’’, respectively; ‘‘Construction of a bridge over Brandywine of that Act (119 Stat. 1158). (200) in item number 1345 by striking ‘‘to Creek as part of the Boot Road extension (c) ADDITIONAL DISCRETIONARY USE OF SUR- Stony Creek Park, 25 Mile Road in Shelby project, Downingtown Borough’’, and FACE TRANSPORTATION PROGRAM FUNDS.—Of Township’’ and inserting ‘‘south to the city ‘‘$700,000’’, respectively; the funds apportioned to each State under of Utica’’; (225) in item number 1291 by striking the section 104(b)(3) of title 23, United States (201) in item number 1501 by striking the matters in the State, project description, Code, a State may expend for each of fiscal project description and inserting ‘‘Construc- and amount columns and inserting ‘‘PA’’, years 2007 through 2009 not more than tion and right-of-way acquisition of TH 241, ‘‘Enhance parking facilities in Chester $1,000,000 for the following activities: CSAH 35 and associated streets in the city of Springs, Historic Yellow Springs’’, and (1) Participation in the Joint Operation St. Michael’’; ‘‘$20,000’’, respectively; Center for Fuel Compliance established (202) in item number 1525 by striking (226) in item number 1304 by striking the under section 143(b)(4)(H) of title 23, United ‘‘north of CSX RR Bridge’’ and inserting ‘‘US matters in the State, project description, States Code, within the Department of the Highway 90’’; and amount columns and inserting ‘‘PA’’, Treasury, including the funding of additional (203) in item number 1847 by striking ‘‘Improve the intersection at SR 100/SR 4003 positions for motor fuel tax enforcement of- ‘‘Ferry’’ and inserting ‘‘Dock’’; (Kernsville Road), Lehigh County’’, and ficers and other staff dedicated on a full- (204) in item number 2031 by striking the ‘‘$250,000’’, respectively; time basis to participation in the activities project description and inserting ‘‘Construct (227) in item number 1357 by striking the of the Center. and improve Westside Parkway in Fulton matters in the State, project description, (2) Development, operation, and mainte- County’’; and amount columns and inserting ‘‘PA’’, nance of electronic filing systems to coordi- (205) in item number 2103 by striking ‘‘Intersection signalization at SR 3020 (New- nate data exchange with the Internal Rev- ‘‘$2,000,000’’ and inserting ‘‘$3,000,000’’; burg Road)/Country Club Road, Northampton enue Service by States that impose a tax on (206) in item number 2219 by striking ‘‘SR County’’, and ‘‘$250,000’’, respectively; the removal of taxable fuel from any refin- 91 in City of Twinsburg, OH’’ and inserting (228) in item number 1395 by striking the ery and on the removal of taxable fuel from ‘‘Center Valley Parkway in Twinsburg, OH’’; matters in the State, project description, any terminal. (207) in item number 2302 by inserting ‘‘and and amount columns and inserting ‘‘PA’’, (3) Development, operation, and mainte- other road improvements to Safford Street’’ ‘‘Improve the intersection at SR 100/SR 29, nance of electronic single point of filing in after ‘‘crossings’’; Lehigh County’’, and ‘‘$220,000’’, respec- conjunction with the Internal Revenue Serv- (208) in item number 2560 by striking the tively; ice by States that impose a tax on the re- project description and inserting ‘‘I–285 un- (229) in item number 80 by striking moval of taxable fuel from any refinery and derpass/tunnel assessment and engineering ‘‘$4,544,000’’ and inserting ‘‘$4,731,200’’; on the removal of taxable fuel from any ter- and interchange improvements in Sandy (230) in item number 2096 by striking minal. Springs’’; ‘‘$4,800,000’’ and inserting ‘‘$5,217,600’’; (4) Development, operation, and mainte- (209) in item number 2563 by striking the (231) in item number 1496 by striking the nance of a certification system by a State of project description and amount and inserting matters in the State, project description, any fuel sold to a State or local government ‘‘Construct hike and bike path as part of and amount columns and inserting ‘‘PA’’, (as defined in section 4221(d)(4) of the Inter- Bridgeview Bridge replacement in Macomb ‘‘Study future needs of East-West road infra- nal Revenue Code of 1986) for the exclusive County’’ and ‘‘$486,400’’, respectively; structure in Adams County’’, and ‘‘$115,200’’, use of the State or local government or sold (210) in item number 2698 by striking the respectively; to a qualified volunteer fire department (as project description and inserting ‘‘Inter- (232) in item number 2193 by striking the defined in section 150(e)(2) of such Code) for changes at I–95/Ellis Road and between Grant project description and inserting ‘‘710 Free- its exclusive use. Road and Micco Road, Brevard County’’; way Study to comprehensively evaluate the (5) Development, operation, and mainte- (211) in item number 3141 by striking technical feasibility of a tunnel alternative nance of a certification system by a State of ‘‘$2,800,000’’ and inserting ‘‘$1,800,000’’; to close the 710 Freeway gap, considering all any fuel sold to a nonprofit educational or- (212) by striking item number 3160; practicable routes, in addition to any poten- ganization (as defined in section 4221(d)(5) of (213) in item number 3353 by inserting ‘‘and tial route previously considered, and with no such Code) that includes verification of the construction’’ after ‘‘mitigation’’; funds to be used for preliminary engineering good standing of the organization in the (214) in item number 996 by striking or environmental review except to the extent State in which the organization is providing ‘‘$2,000,000’’ and inserting ‘‘$687,000’’; necessary to determine feasibility’’; educational services. (215) in item number 2166 by striking the (233) in item number 2445 by striking the (d) PROJECT FEDERAL SHARE.—Section 1964 project description and inserting ‘‘Design, project description and by inserting ‘‘$600,000 of the Safe, Accountable, Flexible, Efficient right-of-way acquisition, and construction for road and pedestrian safety improvements Transportation Equity: A Legacy for Users for I–35 and CSAH2 interchange and CSAH2 on Main Street in the Village of Patchogue; (119 Stat. 1519) is amended by adding at the corridor to TH61 in Forest Lake’’; $900,000 for road and pedestrian safety im- end the following: (216) in item number 3251 by striking the provements on Montauk Highway, between ‘‘(c) SPECIAL RULE.—Notwithstanding any project description and inserting ‘‘I–94 and NYS Route 112 and Suffolk County Road 101 other provision of law, the Federal share of Radio Drive Interchange and frontage road in Suffolk County’’; the cost of the projects described in item project, design, right-of-way, and construc- (234) in item number 346 by striking the numbers 1284 and 3093 in the table contained tion, Woodbury’’; project description and by inserting ‘‘Hansen in section 1702 of this Act shall be 100 per- (217) in item number 1488 by striking the Dam Recreation Area access improvements, cent.’’. project description and inserting ‘‘Construct including hillside stabilization and parking SEC. 106. NONMOTORIZED TRANSPORTATION a 4-lane highway between Maverick Junction lot rehabilitation along Osborne Street be- PILOT PROGRAM. and the Nebraska border’’; tween Glenoaks Boulevard and Dronfield Av- Section 1807(a)(3) of the Safe, Accountable, (218) in item number 3240 by striking the enue’’; and Flexible, Efficient Transportation Equity project description and inserting ‘‘Railroad- (235) in item number 449 by striking the Act: A Legacy for Users (119 Stat. 1460) is highway crossings in Pierre’’; project description and inserting ‘‘Route 30 amended by striking ‘‘Minneapolis-St. Paul,

VerDate Aug 31 2005 02:59 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MR7.031 H26MRPT1 mstockstill on PROD1PC66 with HOUSE March 26, 2007 CONGRESSIONAL RECORD — HOUSE H3047

Minnesota’’ and inserting ‘‘Minneapolis, ‘‘(2) FISCAL YEAR 2006.—The Secretary’’; and tion 1102 the Safe, Accountable, Flexible, Ef- Minnesota’’. (3) by adding at the end the following: ficient Transportation Equity Act: A Legacy SEC. 107. CORRECTION OF INTERSTATE DESIGNA- ‘‘(3) FISCAL YEAR 2007.—The Secretary shall for Users (23 U.S.C. 104 note; 119 Stat. 1157) or TION. pay, from amounts made available to carry any other Act. Section 1908(a) of the Safe, Accountable, out section 202(d) of title 23, United States (e) EQUITY BONUS FORMULA.—Notwith- Flexible, Efficient Transportation Equity Code, for fiscal year 2007, the tribal organiza- standing any other provision of law, in allo- Act: A Legacy for Users (119 Stat. 1469) is tions listed in paragraphs (1) and (2) of sub- cating funds for the equity bonus program amended by striking paragraph (3). section (a) the difference between the Fed- under section 105 of title 23, United States SEC. 108. FUTURE OF SURFACE TRANSPOR- eral share of the costs of the projects listed Code, for each of fiscal years 2007 through TATION SYSTEM. in such paragraphs and the amounts paid to 2009, the Secretary of Transportation shall Section 1909(b) of the Safe, Accountable, the respective tribal organizations for such make the required calculations under that Flexible, Efficient Transportation Equity projects under this section in fiscal year section as if this section had not been en- Act: A Legacy for Users (119 Stat. 1471) is 2006.’’. acted. amended— SEC. 112. I–95/CONTEE ROAD INTERCHANGE DE- (f) FUNDING FOR RESEARCH ACTIVITIES.—Of (1) in the matter preceding subparagraph SIGN. the amount made available by section (A) of paragraph (9) by striking ‘‘July 1, Section 1961 of the Safe, Accountable, 5101(a)(1) of the Safe, Accountable, Flexible, 2007’’ and inserting ‘‘December 31, 2007’’; Flexible, Efficient Transportation Equity Efficient Transportation Equity Act: A Leg- (2) in paragraph (11)(C) by striking ‘‘the Act: A Legacy for Users (119 Stat. 1518) is acy for Users (119 Stat. 1779)— Administrator of the Federal Highway Ad- amended— (1) at least $1,000,000 shall be made avail- ministration’’ and inserting ‘‘the Sec- (1) in the section heading by striking able for each of fiscal years 2007 through 2009 retary’’; ‘‘study’’ and inserting ‘‘design’’ ; to carry out section 502(h) of title 23, United (3) in paragraph (11)(D)(i) by striking ‘‘, on (2) by striking subsections (a), (b), and (c) States Code; and a reimbursable basis,’’; and inserting the following: (2) at least $4,900,000 shall be made avail- (4) in paragraph (15) by striking ‘‘$1,400,000 ‘‘(a) DESIGN.—The Secretary shall make able for each of fiscal years 2007 through 2009 for each of fiscal years 2006 and 2007’’ and in- available the funds authorized to be appro- to carry out section 502(i) of that title. serting ‘‘$1,400,000 for fiscal year 2006 and priated by this section for the design of the (g) TECHNICAL AMENDMENTS.— $3,400,000 for fiscal year 2007’’; I–95/Contee Road interchange in Prince (1) SURFACE TRANSPORTATION RESEARCH.— (5) by redesignating paragraphs (14), (15), George’s County, Maryland.’’; Section 502 of title 23, United States Code, is (16), and (17) as paragraphs (15), (16), (17), and (3) by redesignating subsection (d) as sub- amended by striking the first subsection (h), (18), respectively; and section (b); and relating to infrastructure investment needs (6) by inserting after paragraph (13) the fol- (4) in subsection (b)(1) (as so redesignated) reports beginning with the report for Janu- lowing: by striking ‘‘2006’’ and inserting ‘‘2007’’. ary 31, 1999. ‘‘(14) LIMITATIONS.—Funds made available SEC. 113. HIGHWAY RESEARCH FUNDING. (2) ADVANCED TRAVEL FORECASTING PROCE- to carry out this section may be expended (a) F–SHRP FUNDING.—Notwithstanding DURES PROGRAM.—Section 5512(a)(2) of the only to support the activities of the Commis- any other provision of law, for each of fiscal Safe, Accountable, Flexible, Efficient Trans- sion. No data, analyses, reports, or any other years 2007 through 2009, at any time at which portation Equity Act: A Legacy for Users documents prepared for the Commission to an apportionment is made of the sums au- (119 Stat. 1829) is amended by striking ‘‘PRO- fulfill its duties may be provided to or shared thorized to be appropriated for the surface GRAM APPRECIATION.—’’ and inserting ‘‘PRO- with other commissions or task forces until transportation program, the congestion GRAM APPLICATION.—’’. such data, analyses, reports, or documents mitigation and air quality improvement pro- (3) UNIVERSITY TRANSPORTATION RE- have been made available to the public.’’. gram, the National Highway System, the SEARCH.—Section 5506 of title 49, United SEC. 109. BUDGET JUSTIFICATION; BUY AMERICA. Interstate maintenance program, the bridge States Code, is amended— (a) BUDGET JUSTIFICATION.—Section 1926 of program, or the highway safety improve- (A) in subsection (i)— the Safe, Accountable, Flexible, Efficient ment program, the Secretary of Transpor- (i) by striking ‘‘In order to’’ and inserting Transportation Equity Act: A Legacy for tation shall— the following: Users (119 Stat. 1483) is amended by striking (1) deduct from each apportionment an ‘‘(1) IN GENERAL.—In order to’’; and ‘‘The Department’’ and inserting ‘‘Notwith- amount not to exceed 0.205 percent of the ap- (ii) by adding at the end the following: standing any other provision of law, the De- portionment; and ‘‘(2) SPECIAL RULE.—Nothing in paragraph partment’’. (2) transfer or otherwise make that (1) requires a nonprofit institution of higher (b) BUY AMERICA.—Section 1928 of the Safe, amount available to carry out section 510 of learning designated as a Tier II university Accountable, Flexible, Efficient Transpor- title 23, United States Code. transportation center to maintain total ex- tation Equity Act: A Legacy for Users (119 (b) CONFORMING AMENDMENTS.— penditures as described in paragraph (1) in Stat. 1484) is amended— (1) FUNDING.—Section 5101 of the Safe, Ac- excess of the amount of the grant awarded to (1) by redesignating paragraphs (2) through countable, Flexible, Efficient Transportation the institution.’’; and (5) as paragraphs (3) through (6), respec- Equity Act: A Legacy for Users (119 Stat. (B) in subsection (k)(3) by striking ‘‘The tively; and 1779) is amended— Secretary’’ and all that follows through ‘‘to (2) by inserting after paragraph (1) the fol- (A) in subsection (a)(1) by striking ‘‘509, carry out this section’’ and inserting ‘‘For lowing: and 510’’ and inserting ‘‘and 509’’; each of fiscal years 2007 through 2009, the ‘‘(2) the current application by the Federal (B) in subsection (a)(4) by striking Secretary shall expend not more than 1.5 Highway Administration of the Buy America ‘‘$69,700,000’’ and all that follows through percent of amounts made available to carry test is only applied to components or parts ‘‘2009’’ and inserting ‘‘$40,400,000 for fiscal out this section’’. of a bridge project and not the entire bridge year 2005, $69,700,000 for fiscal year 2006, SEC. 114. RESCISSION. project and this is inconsistent with this $76,400,000 for each of fiscal years 2007 and Section 10212 of the Safe, Accountable, sense of Congress;’’. 2008, and $78,900,000 for fiscal year 2009’’; and Flexible, Efficient Transportation Equity SEC. 110. TRANSPORTATION IMPROVEMENTS. (C) in subsection (b) by inserting after ‘‘50 Act: A Legacy for Users (as amended by sec- The table contained in section 1934(c) of percent’’ the following ‘‘or, in the case of tion 1302 of the Pension Protection Act of the Safe, Accountable, Flexible, Efficient funds appropriated by subsection (a) to carry 2006 (Public Law 109–280)) (119 Stat. 1937; 120 Transportation Equity Act: A Legacy for out section 5201, 5202, or 5203 of this Act, 80 Stat. 780) is amended by striking Users (119 Stat. 1486) is amended— percent’’. ‘‘$8,593,000,000’’ each place it appears and in- (1) in item number 436 by inserting ‘‘, (2) FUTURE STRATEGIC HIGHWAY RESEARCH serting ‘‘$8,710,000,000’’ . Saole,’’ after ‘‘Sua’’; PROGRAM.—Section 5210 of such Act (119 Stat. (2) in item number 448 by inserting ‘‘by re- 1804) is amended— SEC. 115. TEA–21 TECHNICAL CORRECTIONS. moving asphalt and concrete and reinstalling (A) by striking subsection (c); and (a) SURFACE TRANSPORTATION PROGRAM.— blue cobblestones’’ after ‘‘streets’’; (B) by redesignating subsection (d) as sub- Section 1108(f)(1) of the Transportation Eq- (3) by striking item number 451; and section (c). uity Act for the 21st Century (23 U.S.C. 133 (4) in item number 452 by striking (c) CONTRACT AUTHORITY.—Funds made note; 112 Stat. 141) is amended by striking ‘‘$2,000,000’’ and inserting ‘‘$3,000,000’’. available under this section shall be avail- ‘‘2003’’ and inserting ‘‘2009’’. SEC. 111. BIA INDIAN ROAD PROGRAM. able for obligation in the same manner as if (b) PROJECT AUTHORIZATIONS.—The table Section 1939(b) of the Safe, Accountable, the funds were apportioned under chapter 1 contained in section 1602 of the Transpor- Flexible, Efficient Transportation Equity of title 23, United States Code, except that tation Equity Act for the 21st Century (112 Act: A Legacy for Users (119 Stat. 1511) is the Federal share shall be determined under Stat. 257) is amended in item number 1096 (as amended— section 510(f) of that title. amended by section 1703(a)(11) of the Safe, (1) by striking ‘‘For the villages’’ and in- (d) APPLICABILITY OF OBLIGATION LIMITA- Accountable, Flexible, Efficient Transpor- serting the following: TION.—Funds made available under this sec- tation Equity Act: A Legacy for Users (119 ‘‘(1) IN GENERAL.—For the villages’’; tion shall be subject to any limitation on ob- Stat. 1454)) by inserting ‘‘, and planning and (2) by striking ‘‘, and the Secretary’’ and ligations for Federal-aid highways and high- construction to Heisley Road,’’ before ‘‘in inserting a period and the following: way safety construction programs under sec- Mentor, Ohio’’.

VerDate Aug 31 2005 02:59 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MR7.032 H26MRPT1 mstockstill on PROD1PC66 with HOUSE H3048 CONGRESSIONAL RECORD — HOUSE March 26, 2007

SEC. 116. DEFINITION OF REPEAT INTOXICATED (A) take effect as of the date of enactment (k) SECTION 5325.—Section 5325(b) of such DRIVER LAW. of that Act; and title is amended— Section 164(a)(5) of title 23, United States (B) be treated as being included in that Act (1) in paragraph (1) by inserting before the Code, is amended by striking subparagraphs as of that date. period at the end ‘‘adopted before August 10, (A) and (B) and inserting the following: (2) EFFECT OF AMENDMENTS.—Each provi- 2005’’; ‘‘(A) receive— sion of the Safe, Accountable, Flexible, Effi- (2) by striking paragraph (2); and ‘‘(i) a driver’s license suspension for not cient Transportation Equity Act: A Legacy (3) by redesignating paragraph (3) as para- less than 1 year; or for Users (Public Law 109–59; 119 Stat. 1144) graph (2). ‘‘(ii) a combination of suspension of all (including the amendments made by that (l) SECTION 5336.— driving privileges for the first 45 days of the Act) (as in effect on the day before the date (1) APPORTIONMENTS OF FORMULA GRANTS.— suspension period followed by a reinstate- of enactment of this Act) that is amended by Section 5336 of such title is amended— ment of limited driving privileges for the this Act (other than sections 103, 105, 110, and (A) in subsection (a) by striking ‘‘Of the purpose of getting to and from work, school, 201(o)) shall be treated as not being enacted. amount’’ and all that follows before para- or an alcohol treatment program if an igni- TITLE II—TRANSIT PROVISIONS graph (1) and inserting ‘‘Of the amount ap- tion interlock device is installed on each of portioned under subsection (i)(2) to carry out the motor vehicles owned or operated, or SEC. 201. TRANSIT TECHNICAL CORRECTIONS. (a) SECTION 5302.—Section 5302(a)(10) of section 5307—’’; both, by the individual; (B) in subsection (d)(1) by striking ‘‘sub- ‘‘(B) be subject to the impoundment or im- title 49, United States Code, is amended by striking ‘‘charter,’’ and inserting ‘‘charter, sections (a) and (h)(2) of section 5338’’ and in- mobilization of, or the installation of an ig- sightseeing,’’. serting ‘‘subsections (a)(1)(C)(vi) and (b)(2)(B) nition interlock system on, each motor vehi- (b) SECTION 5303.— of section 5338’’; and cle owned or operated, or both, by the indi- (1) Section 5303(j)(3)(D) of such title is (C) by redesignating subsection (c), as vidual;’’. amended— added by section 3034(c) of the Safe, Account- SEC. 117. RESEARCH TECHNICAL CORRECTION. (A) by inserting ‘‘or the identified phase’’ able, Flexible, Efficient Transportation Eq- Section 5506(e)(5)(C) of title 49, United before ‘‘within the time’’; and uity Act: A Legacy for Users (119 Stat. 1628), States Code, is amended by striking (B) by inserting ‘‘or the identified phase’’ as subsection (k). ‘‘$2,225,000’’and inserting ‘‘$2,250,000’’. before the period at the end. (2) TECHNICAL AMENDMENTS.—Section SEC. 118. BUY AMERICA. (2) Section 5303(k)(2) of such title is amend- 3034(d)(2) of the Safe, Accountable, Flexible, Section 313 of title 23, United States Code, ed by striking ‘‘a metropolitan planning area Efficient Transportation Equity Act: A Leg- is amended by adding at the end the fol- serving’’. acy for Users (119 Stat. 1629), is amended by lowing: (c) SECTION 5307.—Section 5307(b) of such striking ‘‘paragraph (2)’’ and inserting ‘‘sub- ‘‘(g) WAIVERS.— title is amended— section (a)(2)’’. ‘‘(1) WRITTEN JUSTIFICATIONS.—If the Sec- (1) in paragraph (2)(A) by striking ‘‘mass (m) SECTION 5337.—Section 5337(a) of title retary determines that it is necessary to transportation’’ and inserting ‘‘public trans- 49, United States Code, is amended by strik- waive the application of subsection (a) in ac- portation’’; and ing ‘‘for each of fiscal years 1998 through cordance with subsection (b), the Secretary (2) in paragraph (3) by striking ‘‘section 2003’’ and inserting ‘‘for each of fiscal years shall, before the waiver becomes effective— 5305(a)’’ and inserting ‘‘section 5303(k)’’. 2005 through 2009’’. ‘‘(A) publish in the Federal Register a de- (d) SECTION 5309.—Section 5309(m) of such (n) SECTION 5338.—Section 5338(d)(1)(B) of tailed written justification as to why the title is amended— such title is amended by striking ‘‘section waiver is needed; and (1) in the heading for paragraph (2)(A) by 5315(a)(16)’’ and inserting ‘‘section ‘‘(B) provide the public with a reasonable striking ‘‘MAJOR CAPITAL’’ and inserting 5315(b)(2)(P)’’. period of time for notice and comment. ‘‘CAPITAL’’; and (o) SAFETEA–LU.— ‘‘(2) ANNUAL REPORT.—Not later than one (2) in paragraph (7)(B) by striking ‘‘section (1) SECTION 3037.—Section 3037(c)(3) of the year after the date of enactment of this sub- 3039’’ and inserting ‘‘section 3045’’. Safe, Accountable, Flexible, Efficient Trans- section, and annually thereafter, the Sec- (e) SECTION 5311.—Section 5311 of such title portation Equity Act: A Legacy for Users retary shall submit to the Committee and is amended— (119 Stat. 1636) is amended by striking Transportation and Infrastructure of the (1) in subsection (g)(1)(A) by striking ‘‘for ‘‘Phase II’’. House of Representatives and the Committee any purpose other than operating assist- (2) SECTION 3040.—Section 3040(4) of such on the Environment and Public Works of the ance’’ and inserting ‘‘for a capital project or Act (119 Stat. 1639) is amended by striking Senate a report on any waivers granted project administrative expenses’’; ‘‘$7,871,895,000’’ and inserting ‘‘$7,872,893,000’’. under subsection (b).’’. (2) in subsections (g)(1)(A) and (g)(1)(B) by (3) SECTION 3043.— SEC. 119. EFFICIENT USE OF EXISTING HIGHWAY striking ‘‘capital’’ after ‘‘net’’; and ORTLAND OREGON CAPACITY. (A) P , .—Section 3043(b)(27) (3) in subsection (i)(1) by striking ‘‘Sec- of such Act (119 Stat. 1642) is amended by in- (a) STUDY.—The Secretary of Transpor- tions 5323(a)(1)(D) and 5333(b) of this title serting ‘‘/Milwaukie’’ after ‘‘Mall’’. tation shall conduct a study on the impacts apply’’ and inserting ‘‘Section 5333(b) ap- of converting left and right highway safety (B) SAN DIEGO.—Section 3043(c)(105) of such plies’’. Act (119 Stat. 1645) is amended by striking shoulders to travel lanes. (f) SECTION 5312.—The heading for section ‘‘LOSSAN Del Mar-San Diego—Rail Corridor (b) CONTENTS.—In conducting the study, 5312(c) of such title is amended by striking Improvements’’ and inserting ‘‘LOSSAN Rail the Secretary shall—— ‘‘MASS TRANSPORTATION’’ and inserting Corridor Improvements’’ . (1) analyze instances in which safety shoul- ‘‘PUBLIC TRANSPORTATION’’. AN DIEGO ders are used for general purpose vehicle (g) SECTION 5314.—Section 5314(a)(3) is (C) S .—Section 3043(c)(217) of such traffic, high occupancy vehicles, and public amended by striking ‘‘section 5323(a)(1)(D)’’ Act (119 Stat. 1648) is amended by striking transportation vehicles; and inserting ‘‘section 5333(b)’’. ‘‘San Diego’’ and inserting ‘‘San Diego Tran- (2) analyze instances in which safety shoul- (h) SECTION 5319.—Section 5319 of such title sit’’. ders are not part of the roadway design; is amended by striking ‘‘section 5307(k)’’ and (D) LIVERMORE.—Section 3043(c) of such (3) evaluate whether or not conversion of inserting ‘‘section 5307(d)(1)(K)’’. Act (119 Stat. 1645) is amended by inserting safety shoulders or the lack of a safety (i) SECTION 5320.—Section 5320 of such title after paragraph (102) the following: shoulder in the original roadway design has is amended— ‘‘(102A) Livermore, California—Livermore a significant impact on the number of acci- (1) in subsection (a)(1)(A) by striking Amador Valley Transit Authority BRT.’’. dents or has any other impact on highway ‘‘intra—agency’’ and inserting (E) SACRAMENTO.—Section 3043(c)(204) of safety; and ‘‘intraagency’’; such Act (119 Stat. 647) is amended by strik- (4) compile relevant statistics. (2) in subsection (b)(5)(A) by striking ing ‘‘Downtown’’. (c) REPORT.—Not later than one year after ‘‘5302(a)(1)(A)’’ and inserting ‘‘5302(a)(1)’’ ; (4) SECTION 3044.— the date of enactment of this Act, the Sec- (3) in subsection (d)(1) by inserting ‘‘to ad- (A) PROJECTS.—The table contained in sec- retary shall transmit to Congress a report on minister this section and’’ after tion 3044(a) of such Act (119 Stat. 1652) is the results of the study. ‘‘5338(b)(2)(J)’’; and amended— SEC. 120. EFFECTIVE DATE. (4) by adding at the end of subsection (d) (i) in item 25— (a) IN GENERAL.—Except as otherwise pro- the following: (I) by striking ‘‘$217,360’’ and inserting vided in this Act (including subsection (b)), ‘‘(4) TRANSFERS TO LAND MANAGEMENT ‘‘$167,360’’; and this Act and the amendments made by this AGENCIES.—The Secretary may transfer (II) by striking ‘‘$225,720’’ and inserting Act take effect on the date of enactment of amounts available under paragraph (1) to the ‘‘$175,720’’; this Act. appropriate Federal land management agen- (ii) in item number 36 by striking the (b) EXCEPTION.— cy to pay necessary costs of the agency for project description and inserting ‘‘Los Ange- (1) IN GENERAL.—The amendments made by such activities described in paragraph (1) in les County Metropolitan Transportation Au- this Act (other than the amendments made connection with activities being carried out thority (LACMTA) for bus and bus-related by sections 103, 105, 110, and 201(o)) to the under this section.’’. facilities in the LACMTA’s service area’’; Safe, Accountable, Flexible, Efficient Trans- (j) SECTION 5323.—Section 5323(n) of such (iii) in item number 71 by inserting ‘‘Met- portation Equity Act: A Legacy for Users title is amended by striking ‘‘section ropolitan Bus Authority’’ after ‘‘Puerto (Public Law 109–59; 119 Stat. 1144) shall— 5336(e)(2)’’ and inserting ‘‘section 5336(d)(2)’’. Rico’’;

VerDate Aug 31 2005 02:59 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MR7.032 H26MRPT1 mstockstill on PROD1PC66 with HOUSE March 26, 2007 CONGRESSIONAL RECORD — HOUSE H3049

(iv) in item number 84 by striking the (2) CONFORMING AMENDMENT.—Section 7112 state’’ the last place it appears and inserting project description and inserting ‘‘Improve- of such Act (119 Stat. 1899) is amended by ‘‘intrastate’’. ments to the existing Sacramento Inter- striking subsection (c). (p) CONTENTS OF AGREEMENT TYPO.—Sec- modal Facility (Sacramento Valley Sta- (c) PROHIBITED TRANSPORTATION.—Section tion 14504a(f)(1)(A)(ii) of title 49, United tion)’’; 4114(c)(1) of the such Act (119 Stat. 1726) is States Code, is amended by striking ‘‘or’’ the (v) in item number 94 by striking the amended by striking ‘‘the second subsection last place it appears. project description and inserting ‘‘Pacific (c)’’ and inserting ‘‘(f)’’. (q) OTHER UNIFIED CARRIER REGISTRATION Transit, WA Vehicle Replacement’’; (d) EFFECTIVE DATE RELATING TO MEDICAL SYSTEM TECHNICAL CORRECTIONS.—Section (vi) in item number 120 by striking ‘‘Day- EXAMINERS.—Section 4116(f) of such Act (119 14504a of title 49, United States Code, is ton Airport Intermodal Rail Feasibility Stat. 1728) is amended by striking ‘‘amend- amended— Study’’ and inserting ‘‘Greater Dayton Re- ment made by subsection (a)’’ and inserting (1) in subsection (c)(1)(B) by striking ‘‘the gional Transit Authority bus facilities’’; ‘‘amendments made by subsections (a) and a’’ and inserting ‘‘a’’; and (vii) in item number 152 by inserting ‘‘Met- (b)’’. (2) in subsection (f)(1)(A)(i) by striking ‘‘in ropolitan Bus Authority’’ after ‘‘Puerto (e) ROADABILITY TECHNICAL CORRECTION.— connection with the filing of proof of finan- Rico’’; Section 31151(a)(3)(E)(ii) of title 49, United cial responsibility’’. (viii) in item number 416 by striking ‘‘Im- States Code, is amended by striking ‘‘Act’’ (r) TERMINATION OF REGISTRATION PROVI- prove marine intermodal’’ and inserting and inserting ‘‘section’’. SIONS.—Section 4305(a) of the Safe, Account- ‘‘Improve marine dry-dock and’’; (f) CORRECTION OF SUBSECTION REF- able, Flexible, Efficient Transportation Eq- (ix) by adding at the end— ERENCE.—Section 4121 of the Safe, Account- uity Act: A Legacy for Users (119 Stat. 1764) (I) in the project description column ‘‘666. able, Flexible, Efficient Transportation Eq- is amended by striking ‘‘12 months’’ and in- New York City, NY, rehabilitation of subway uity Act: A Legacy for Users (119 Stat. 1734) serting ‘‘24 months’’. stations to include passenger access im- is amended by striking ‘‘31139(f)(5)’’ and in- (s) IDENTIFICATION OF VEHICLES.—Section provements including escalators or installa- serting ‘‘31139(g)(5)’’. 14506(b)(2) of title 49, United States Code, is tion of infrastructure for security and sur- (g) CDL LEARNER’S PERMIT PROGRAM TECH- amended by inserting before the semicolon veillance purposes’’; and NICAL CORRECTION.—Section 4122(2)(A) of at the end the following: ‘‘or under an appli- (II) in each of the FY08 and FY09 columns such Act (119 Stat. 1734) is amended by strik- cable State law if, on October 1, 2006, the by inserting ‘‘$50,000’’; ing ‘‘license’’ and inserting ‘‘licenses’’. State has a form of highway use taxation not (x) in item number 457— (h) CDL INFORMATION SYSTEM FUNDING subject to collection through the Inter- (I) by striking ‘‘$65,000’’ and inserting ‘‘$0’’; REFERENCE.—Section 31309(f) of title 49, national Fuel Tax Agreement’’. and United States Code, is amended by striking (t) DRIVEAWAY SADDLEMOUNT VEHICLE.— (II) by striking ‘‘$67,500’’ and inserting ‘‘31318’’ and inserting ‘‘31313’’. (1) DEFINITION.—Section 31111(a)(4) of title ‘‘$0’’; and (i) CLARIFICATION OF REFERENCE.—Section 49, United States Code, is amended— (xi) in item number 458— 229(a)(1) of the Federal Motor Carrier Safety (A) in the paragraph heading by striking (I) by striking ‘‘$65,000’’ and inserting Improvement Act of 1999 (49 U.S.C. 31136 ‘‘DRIVE-AWAY SADDLEMOUNT WITH ‘‘$130,000’’; note; 119 Stat. 1743) is amended by inserting FULLMOUNT’’ and inserting ‘‘DRIVEAWAY (II) by striking ‘‘$67,500’’ and inserting ‘‘of title 49, United States Code,’’ after SADDLEMOUNT’’ ; ‘‘$135,000’’; and ‘‘31502’’. (B) by striking ‘‘drive-away saddlemount (xii) in item number 57 by striking the (j) REGISTRATION OF BROKERS.—Section with fullmount’’ and inserting ‘‘driveaway project description and inserting ‘‘Wil- 4142(c)(2) of the Safe, Accountable, Flexible, saddlemount’’ ; and mington, NC, maintenance, operations and Efficient Transportation Equity Act: A Leg- (C) by inserting ‘‘Such combination may administration, transfer facilities’’. acy for Users (119 Stat. 1747) is amended by include one fullmount.’’ after the period at (B) SPECIAL RULE.—Section 3044(c) of such inserting ‘‘each place it appears’’ before the the end. Act (119 Stat. 1705) is amended— semicolon. (2) IN GENERAL.—Section 31111(b)(1)(D) of (i) by inserting ‘‘, or other entity,’’ after (k) REDESIGNATION OF SECTION.—The sec- such title is amended by striking ‘‘a ‘‘State or local governmental authority’’; ond section 39 of chapter 2 of title 18, United driveaway saddlemount with fullmount’’ and and States Code, relating to commercial motor inserting ‘‘all driveaway saddlemount’’. (ii) by striking ‘‘projects numbered 258 and vehicles required to stop for inspections, and SEC. 302. TECHNICAL AMENDMENTS RELATING 347’’ and inserting ‘‘projects numbered 258, the item relating to such section in the anal- TO HAZARDOUS MATERIALS TRANS- 347, and 411’’. ysis for such chapter, are redesignated as PORTATION. (5) SECTION 3046.—Section 3046(a)(7) of such section 40. (a) DEFINITION OF HAZMAT EMPLOYEES.— Act (119 Stat. 1708) is amended— (l) OFFICE OF INTERMODALISM.—Section 5503 Section 7102(2) of the Safe, Accountable, (A) by striking ‘‘hydrogen fuel cell vehi- of title 49, United States Code, is amended— Flexible, Efficient Transportation Equity cles’’ and inserting ‘‘hydrogen fueled vehi- (1) in subsection (f)(2) by striking ‘‘Surface Act: A Legacy for Users (119 Stat. 1892) is cles’’; Transportation Safety Improvement Act of amended— (B) by striking ‘‘hydrogen fuel cell em- 2005’’, and inserting ‘‘Motor Carrier Safety (1) by striking ‘‘(3)(A)’’ and inserting ‘‘(3)’’; ployee shuttle vans’’ and inserting ‘‘hydro- Reauthorization Act of 2005’’; and (2) in subparagraph (A) by striking ‘‘clause gen fueled employee shuttle vans’’; and (2) by redesignating the first subsection (i)’’ and inserting ‘‘clause (i) of subparagraph (C) by striking ‘‘in Allentown, Pennsyl- (h), relating to authorization of appropria- (A)’’; and vania’’ and inserting ‘‘to the DaVinci Center tions, as subsection (i) and moving it after (3) in subparagraph (B) by striking ‘‘clause in Allentown, Pennsylvania’’. the second subsection (h). (ii)’’ and inserting ‘‘subparagraph (A)(ii)’’. (6) SAN GABRIEL VALLEY––GOLD LINE FOOT- (m) USE OF FEES FOR UNIFIED CARRIER REG- (b) TECHNICAL CORRECTION.—Section HILL EXTENSION PHASE II.—In evaluating the ISTRATION SYSTEM.—Section 13908 of title 49, 5103a(g)(1)(B)(ii) of title 49, United States local share of the San Gabriel Valley––Gold United States Code, is amended by redesig- Code, is amended by striking ‘‘Act’’ and in- Line Foothill Extension Phase II project au- nating subsection (e) as subsection (f) and by serting ‘‘subsection’’. thorized by section 3043(b)(33) of such Act inserting after subsection (d) the following: (c) RELATIONSHIP TO OTHER LAWS.—Section (119 Stat. 1642) in the new starts rating proc- ‘‘(e) USE OF FEES FOR UNIFIED CARRIER 7124(3) of the Safe, Accountable, Flexible, Ef- ess, the Secretary of Transportation shall REGISTRATION SYSTEM.—Fees collected under ficient Transportation Equity Act: A Legacy give consideration to project elements of the this section may be credited to the Depart- for Users (119 Stat. 1908) is amended by in- San Gabriel Valley––Gold Line Foothill Ex- ment of Transportation appropriations ac- serting ‘‘the first place it appears’’ before tension Phase I project advanced with 100 count for purposes for which such fees are ‘‘and inserting’’. percent non-Federal funds. collected and shall be available for expendi- (d) REPORT.—Section 5121(h) of title 49, TITLE III—OTHER PROVISIONS ture for such purposes until expended.’’. United States Code, is amended— (1) in paragraph (2) by striking ‘‘exemp- SEC. 301. TECHNICAL AMENDMENTS RELATING (n) COMMERCIAL MOTOR VEHICLE DEFINI- TO MOTOR CARRIER SAFETY. TION.—Section 14504a(a)(1)(B) of title 49, tions’’ and inserting ‘‘special permits’’; and (a) CONFORMING AMENDMENT RELATING TO United States Code, is amended by striking (2) in paragraph (3) by striking ‘‘exemp- HIGH-PRIORITY ACTIVITIES.—Section 31104(f) ‘‘a motor carrier required to make any filing tion’’ and inserting ‘‘special permit’’. of title 49, United States Code, is amended by or pay any fee to a State with respect to the (e) SECTION HEADING.—Section 5128 of title striking the designation and heading for motor carrier’s authority or insurance re- 49, United States Code, is amended by strik- paragraph (1) and by striking paragraph (2). lated to operation within such State, the ing the section designation and heading and (b) NEW ENTRANT AUDITS.— motor carrier’’ and inserting ‘‘determining inserting the following: (1) CORRECTIONS OF REFERENCES.—Section the size of a motor carrier or motor private ‘‘§ 5128. Authorization of appropriations’’. 4107(b) of the Safe, Accountable, Flexible, Ef- carrier’s fleet in calculating the fee to be (f) CHAPTER ANALYSIS.—The analysis for ficient Transportation Equity Act: A Legacy paid by a motor carrier or motor private car- chapter 57 of title 49, United States Code, is for Users (119 Stat. 1720) is amended— rier pursuant to subsection (f)(1), the motor amended in the item relating to section 5701 (A) by striking ‘‘Section 31104’’ and insert- carrier or motor private carrier’’. by striking ‘‘Transportation’’ and inserting ing ‘‘Section 31144’’; and (o) CLARIFICATION OF UNREASONABLE BUR- ‘‘transportation’’. (B) in paragraph (1) by inserting ‘‘(c)’’ after DEN.—Section 14504a(c)(2) of title 49, United (g) NORMAN Y. MINETA RESEARCH AND SPE- ‘‘the second subsection’’. States Code, is amended by striking ‘‘inter- CIAL PROGRAMS IMPROVEMENT ACT.—Section

VerDate Aug 31 2005 02:59 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MR7.032 H26MRPT1 mstockstill on PROD1PC66 with HOUSE H3050 CONGRESSIONAL RECORD — HOUSE March 26, 2007 5(b) of the Norman Y. Mineta Research and lieve the signature accomplishment of Congress’s, statutory intent. They are Special Programs Improvement Act (49 the last Congress, there are bound to beginning to break projects down into U.S.C. 108 note; 118 Stat. 2427) is amended by be some drafting errors and other segments in a way that was not antici- inserting ‘‘(including delegations by the Sec- minor concerns in the legislation. We pated so that they can basically go retary of Transportation)’’ after ‘‘All or- around some of the buy America re- ders’’. recognized those quite early on and had (h) SHIPPING PAPERS.—Section 5110(d)(1) of hoped to pass this bill, this technical quirements. We want to reinforce here title 49, United States Code, is amended— corrections bill, during the last Con- that the separate component test is (1) in the subsection heading by striking gress; but it was never considered by not what we intended, and the amend- ‘‘SHIPPERS’’ and inserting ‘‘OFFERORS’’; and the Senate, as are so many things that ment included in this bill is intended (2) by striking ‘‘shipper’s’’ and inserting we do around here. Hopefully, this time to clarify congressional intent and pro- ‘‘offeror’s’’. we will get this needed work done. vide guidance to the Federal Highway (i) NTSB RECOMMENDATIONS.—Section 19(1) There are some essential things to be Administration in the implementation of the Pipeline Inspection, Protection, En- accomplished in this legislation. There of that section of the bill. forcement, and Safety Act of 2006 (49 U.S.C. Mr. Speaker, I reserve the balance of 60102 note; 120 Stat. 3498) is amended by is an oversight in the bill that results striking ‘‘165’’ and inserting ‘‘1165’’. in the Surface Transportation Re- my time. search Development and Deployment Mr. BOOZMAN. Mr. Speaker, I would SEC. 303. HIGHWAY SAFETY. like to thank the chairman for leading (a) STATE MINIMUM APPORTIONMENTS FOR account being oversubscribed. People the charge on this important technical HIGHWAY SAFETY PROGRAMS.—Effective Octo- say, who cares. ber 1, 2007, section 402(c) of the title 23, Well, actually it means that critical corrections bill. I want to voice my United States Code, is amended by striking programs for the Federal Highway Ad- support for H.R. 1195, and I encourage ‘‘The annual apportionment to each State ministration Legacy Research and re- my colleagues to do the same. shall not be less than one-half of 1 per cen- In the time that has passed since search programs will not be funded, tum’’ and inserting ‘‘The annual apportion- SAFETEA–LU was signed into law, we ment to each State shall not be less than and that creates a major problem. For have heard from the Department of three-quarters of 1 percent’’. instance, this would mean that we Transportation and several States re- (b) TECHNICAL CORRECTIONS.— would not get the biennial ‘‘Conditions garding fixes to different programs and (1) Section 2002(b) of the Safe, Accountable, and Performance Report.’’ If we are high-priority projects. H.R. 1195 ad- Flexible, Efficient Transportation Equity going to maintain and improve our Na- Act: A Legacy for Users (119 Stat. 1521) is dresses most of the areas that need cor- tion’s transportation infrastructure, rection. amended— we need to understand its status, its (A) by striking paragraph (2); and It is important to note that this bill (B) by redesignating paragraphs (3) and (4) condition, and its need for future in- does not make substantial policy as (2) and (3), respectively. vestment as we move toward yet an- changes to SAFETEA–LU. Rather, this (2) Section 2007(b)(1) of such Act (119 Stat. other transportation bill in the coming bill corrects provisions that were not 1529) is amended— Congress. workable in SAFETEA–LU. After we (A) by inserting ‘‘and’’ after the semicolon It provides appraisals of highways, pass this bill, SAFETEA–LU will fi- at the end of subparagraph (A); bridges, and transit finance, their ex- nally be able to accomplish what Con- (B) by striking ‘‘and’’ at the end of sub- penditures in those accounts, and com- gress voted to do 2 years ago. paragraph (B); and pares it to the needs we have, oper- The bulk of this bill is section 105, (C) by striking subparagraph (C). ational performance and future invest- (3) Effective August 10, 2005, section which makes changes to over 200 of the 410(c)(7)(B) of title 23, United States Code, is ment requirements. high-priority projects in section 1702 of amended by striking ‘‘clause (i)’’ and insert- It also would free up additional fund- SAFETEA–LU. These changes address ing ‘‘clauses (i) and (ii)’’. ing for the National Surface Transpor- surface transportation projects in the (4) Section 411 of title 23, United States tation Policy and Revenue Study Com- bill that were unable to be executed, Code, is amended by redesignating the sec- mission, something that was created as clarifying recipients, and increasing ond subsection (c), relating to administra- part of SAFETEA–LU and has yet to certain project funding levels, and de- tion expenses, and subsection (d) as sub- get its work accomplished. We have creasing others to achieve budget neu- sections (d) and (e), respectively. charged them with both looking at and trality. SEC. 304. REPEAL OF NATIONAL SURFACE TRANS- assessing the future needs, building on The bill also makes a critical correc- PORTATION COMMISSION. tion in the Transportation Research Section 11142 of the Safe, Accountable, the requirements I just mentioned, the Flexible, Efficient Transportation Equity annual reports of the Department of Program authorized in SAFETEA–LU. Act: A Legacy for Users (119 Stat. 1961), and Transportation, but even going beyond Errors were made in the research sec- the item relating to such section in the table that to determine our infrastructure tion of SAFETEA–LU that weakened of contents contained in section 1(b) of such needs both to maintain the current in- the legacy research programs carried Act, are repealed. frastructure, to enhance it, and to out by the Department of Transpor- The SPEAKER pro tempore. Pursu- mitigate congestion and to move to- tation. This bill addresses that prob- ant to the rule, the gentleman from Or- ward a less congested and more fuel-ef- lem. The bill also extends the reporting egon (Mr. DEFAZIO) and the gentleman ficient transportation future. deadline for the National Surface from Arkansas (Mr. BOOZMAN) each will They have also been charged with control 20 minutes. looking at how we pay for these vital Transportation Policy and Review The Chair recognizes the gentleman investments and assessing the current Study Commission established in SAFETEA–LU. This important com- from Oregon. revenue source, the gas tax, and some mission is tasked with recommending a GENERAL LEAVE assorted excise taxes with future needs. new direction in funding and policy for This is again critical work to be done Mr. DEFAZIO. Mr. Speaker, I ask our surface transportation programs, by that commission. unanimous consent that all Members and we look forward to seeing their This will better fund their work and may have 5 legislative days within final report. which to revise and extend their re- give them some of the staff assistance Again, thank you, Mr. Chairman, for marks and to include extraneous mate- they need, give them the capability of revitalizing this technical corrections rial on H.R. 1195. obtaining the data that they need, and bill. I hope all of my colleagues will The SPEAKER pro tempore. Is there extend the deadline for the report to join me in supporting the bill. objection to the request of the gen- Congress, which will be a crucial build- Mr. Speaker, I reserve the balance of tleman from Oregon? ing block in the next transportation my time. There was no objection. bill, by 6 months. We have now set a Mr. DEFAZIO. Mr. Speaker, I reserve Mr. DEFAZIO. Mr. Speaker, I yield deadline of December 31, 2007. the balance of my time. myself such time as I may consume. The bill also clarifies something re- Mr. BOOZMAN. Mr. Speaker, I yield Mr. Speaker, this legislation is truly garding a sense of Congress regarding such time as he may desire to the gen- a compendium of technical corrections. the buy America requirement. We feel tleman from Alaska (Mr. YOUNG). When you look at a bill the magnitude that the Federal Highway Administra- (Mr. YOUNG of Alaska asked and was of SAFETEA–LU and its extraordinary tion is not implementing the Buy given permission to revise and extend importance in our economy, and I be- America Act consistent with our, his remarks.)

VerDate Aug 31 2005 04:47 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MR7.032 H26MRPT1 mstockstill on PROD1PC66 with HOUSE March 26, 2007 CONGRESSIONAL RECORD — HOUSE H3051 Mr. YOUNG of Alaska. Mr. Speaker, I ning to begin to try to address what is we are making is to strengthen the Federal would like to thank the gentleman actually an investment deficit so far as Highway research program by ensuring the from Oregon (Mr. DEFAZIO) for bringing it goes to transportation in the United continuation of the legacy research programs this bill forth, and Mr. OBERSTAR, the States, something that can be easily carried out by the Department of Transpor- chairman of the full committee. This recognized if one travels to other coun- tation. was our bill. We worked on this jointly. tries and sees how committed they are, The majority of this bill is section 105, which Some people say, Why do you need a particularly to competitors like China makes changes to over 200 of the high priority technical corrections bill? and the investments they are making projects in sec. 1702 of SAFETEA–LU. These If you remember, every highway bill which are absolutely on a massive changes address ‘‘broken’’ surface transpor- we have ever passed has gone through a scale to make their economy more effi- tation projects, clarifying recipients and in- series of technical correction adjust- cient to move their people more effi- creasing certain project funding levels and de- ments because when we write a bill, ciently. creasing others to achieve budget neutrality. sometimes it is misinterpreted by We need to not only maintain what There is one purely technical correction that highway departments and municipali- we have and live on the benefits of our is not included in this package. SAFETEA–LU ties. This is purely a technical correc- past investment; we need to ensure inadvertently changed certain regulations for tions bill. It adds nothing; it takes more robust future investments. I as- trucks with a gross vehicle weight of less than nothing away. sure the gentleman I have begun a se- 10,000 pounds. Again, we passed a good piece of leg- ries of hearings that are on two tracks One of the implications of this error is that islation 2 years ago. It has been imple- in the subcommittee I chair to look operators of these trucks no longer have to mented, but it will be implemented in both at the future investment needs register or file insurance with DOT. Con- a better way with these corrections. and also potential ways to raise the sequently, DOT can not regulate them for I have talked with the gentleman funds we need to make those invest- safety purposes. from Oregon and all he has to say is ments. When Congress passed SAFETEA–LU, this ‘‘yes’’ or ‘‘no.’’ Regarding Providence I look forward to working with the change was not a policy change Congress Hospital of Anchorage, we are looking gentleman and others as we go through knew about or intended to make. If Congress for a solution to a problem. I agree that process. wanted to make this change, we would have that we shouldn’t be paying for some- I do want to assure Members since debated and discussed it. Rather, this was thing that is already done, but I would there is a new sensitivity around here something we were not aware of and has had like to have those moneys available to about PAYGO that H.R. 1195 complies very serious unintended consequences—espe- improve the transportation to the cen- fully with House budget rules; and al- cially for small businesses. ter hub of health care in the city of An- though it only addresses changes to I hope the Chairman, along with our col- chorage. It is my understanding that previously authorized projects, not new leagues in the Senate, will work with me to the gentleman has agreed to work with projects, it also fully adheres to the correct this technical problem. me in conference to try to solve that new House Member earmark disclosure Despite the omission of this important cor- problem. requirements. rection, I still support this legislation and I en- Mr. DEFAZIO. Mr. Speaker, will the This is legislation that I recommend courage my colleagues to do the same. gentleman yield? wholly to my colleagues, and they can Mr. OBERSTAR. Mr. Speaker, I rise in Mr. YOUNG of Alaska. I yield to the vote for it in good conscience. It will strong support of H.R. 1195, a bill to make gentleman from Oregon. help build our future and realize the technical corrections to the surface transpor- Mr. DEFAZIO. Absolutely. The gen- full dream of SAFETEA–LU as we tation act, SAFETEA–LU. tleman from Alaska has had extensive move through its full term. H.R. 1195 makes technical corrections to conversation with the chairman of the Mr. Speaker, I reserve the balance of the surface transportation act, Safe, Account- committee. It is my understanding my time. able, Flexible, Efficient Transportation Equity that he is fully committed to helping Mr. BOOZMAN. Mr. Speaker, in clos- Act: A Legacy for Users (SAFETEA–LU), en- resolve this issue. ing, I want to thank Mr. DEFAZIO, Mr. acted in 2005. This is a non-controversial, bi- There is a problem with retroactive DUNCAN, Mr. OBERSTAR, and Mr. MICA, partisan bill that is intended to correct drafting reimbursement, but we are looking at and certainly their staffs, for working errors, make technical fixes, and clarify Con- other ways to deal with critical access so hard together to rectify the tech- gressional intent on several provisions of the to a vital health facility in Anchorage. nical corrections that we are address- SAFETEA–LU. Mr. YOUNG of Alaska. I thank the ing in SAFETEA–LU. And I also want This legislation is very similar to the two bills gentleman, and I look forward to work- to thank our former chairman, the gen- that passed the House last year, but were ing with the gentleman and the chair- tleman from Alaska (Mr. YOUNG), for never considered by the Senate. man of the full committee on the new his hard work in providing the leader- Although H.R. 1195, as amended, only ad- highway bill. ship that we had in the last Congress to dresses changes to previously authorized I believe that the adjustments in this get the SAFETEA–LU bill done. projects, the Committee on Transportation and bill for the commission are set up for Mr. MICA. Mr. Speaker, H.R. 1195 makes Infrastructure, per my direction, has required finding ways to fund, and it is crucially technical corrections to the Safe, Accountable, Members of Congress to submit earmark dis- important to make sure that they have Flexible, Efficient Transportation Equity Act: A closure certifications pursuant to Rule XXI of enough time to do that job. We are Legacy for Users, or SAFETEA–LU. the Rules of the House of Representatives. In right in the process of not only fin- This is the third time we have worked to fi- addition, the bill, as amended, complies with ishing up SAFETEA–LU, but now we nalize these technical corrections to pay-as-you-go budget rules. are in the process of beginning to write SAFETEA–LU. During the 109th Congress, SAFETEA–LU has been very successful another bill which has to address the the House passed H.R. 5689, a bill to make and effective. Building on previous surface issue of transportation in this country. technical corrections to SAFETEA–LU in June transportation acts, SAFETEA–LU provides As you know how strong I supported 2006. the programmatic framework and investments the funding and the methods of funding During the summer and fall of 2006, we necessary to begin addressing the nation’s previously was not successful, I think worked with the Senate to create H.R. 6233, growing surface transportation needs. How- this Congress has a responsibility to which is a very similar product to the bill we ever, as with legislation of this magnitude, provide the transportation for the Na- are considering today. Now, we are trying there were inadvertent drafting errors. The tion as a whole that can do the job. again. changes in this bill are required to ensure that Mr. DEFAZIO. Mr. Speaker, I yield As my colleagues have just said, H.R. 1195 all policies, programs, and projects embodied myself such time as I may consume. makes numerous technical corrections to Fed- in the authorization act are implemented as in- I want to thank the gentleman from eral surface transportation programs author- tended by Congress. Alaska (Mr. YOUNG) for his leadership ized by SAFETEA–LU. The technical correc- In particular, this bill makes critical fixes to as chairman of the full committee as tions included in this bill have been identified the transportation research program author- we went through that process in the by the Department of Transportation and are ized in SAFETEA–LU. Errors were made in last Congress, and also the fact that he mostly of a conforming nature, or to correct the research program funding calculations that is willing to get out front at the begin- drafting errors. The most important correction resulted in lower than intended funding levels

VerDate Aug 31 2005 02:59 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00033 Fmt 7634 Sfmt 9920 E:\CR\FM\K26MR7.055 H26MRPT1 mstockstill on PROD1PC66 with HOUSE H3052 CONGRESSIONAL RECORD — HOUSE March 26, 2007 in several research programs. These technical and the need for the legislation to move ex- H.R. 1195 addresses all of the true tech- fixes will recapture critical research funds for peditiously. Therefore, while we have a valid nical corrections except one. This bill does not many essential programs, including: claim to jurisdiction over the bill, I agree include a correction to an error in the motor not to request a sequential referral. This, of The Future Strategic Highway Research course, is conditional on our mutual under- carrier title of SAFETEA–LU. Program, a concentrated, results-oriented re- standing that nothing in this legislation or In SAFETEA–LU, we attempted to har- search program focused on solving the top my decision to forgo a sequential referral monize the definition of ‘‘commercial motor ve- problems of highway safety, reliability, capac- waives, reduces or otherwise affects the ju- hicle’’ with ‘‘motor vehicle’’. Unintentionally, ity, and renewal; and risdiction of the Committee on Science and this change removed trucks weighing 10,000 The University Transportation Center Pro- Technology and that a copy of this letter lbs or less from the truck exemption of the gram which advances U.S. technology and ex- and of your response will be included in the Fair Labor Standards Act and from DOT’s pertise in the many disciplines comprising Congressional Record when the bill is consid- safety oversight. ered on the House Floor. transportation through the mechanisms of edu- The Committee on Science and Technology I am very concerned with this change in pol- cation, research, and technology. also asks that you support our request to be icy that was never negotiated for or discussed The bill also clarifies section 1928 of conferees on any provisions over which we during the bill’s original conference. SAFETEA–LU regarding the Sense of Con- have jurisdiction during any House-Senate Now, small trucking business, who will have gress concerning Buy America requirements conference on this legislation. to change their business plan in order to com- for Federal-aid highway bridge projects. Con- Thank you for your attention to this mat- ply with the law, are going to suffer the most. ter. gress does not believe that the Federal High- Sincerely, These are the small businesses who have way Administration (‘‘FHWA’’) is implementing BART GORDON, high overhead and small profits, but are pro- the Buy America Act consistent with the statu- Chairman. viding necessary services and products to tory intent. Specifically, the ‘‘additional cost urban areas and rural towns across the coun- test’’ should be conducted on the basis of an HOUSE OF REPRESENTATIVES, COM- try. entire bridge project, not on separate compo- MITTEE ON TRANSPORTATION AND This change is going to create great hard- nents of the bridge project. Regrettably, INFRASTRUCTURE, ships on the small companies who are already FHWA has applied the test to separate com- Washington, DC, March 26, 2007. in the business and most likely will inhibit oth- Hon. BART GORDON, ponents of a bridge project if the project is Chairman, Committee on Science and Tech- ers from entering the business. broken into several components for con- nology, Washington, DC. It is disappointing this Congress has not ad- tracting purposes. The original Sense of Con- DEAR CHAIRMAN GORDON: Thank you for dressed this problem, but I hope we can do so gress, as well as the amendment included in your March 26, 2007 letter regarding H.R. before final passage of this bill. this bill, is intended to clarify Congressional in- 1195, to amend the Safe, Accountable, Flexi- Again, thank you, Mr. Chairman, for revital- tent and to provide guidance to the FHWA in ble, Efficient Transportation Equity Act: A izing this technical correction bill and I hope all Legacy for Users to make technical correc- my colleagues will join me in supporting this its implementation. tions, and for other purposes. Your support Finally, H.R. 1195 modifies the Repeat In- for this legislation and your assistance in en- bill. toxicated Driver Law to allow for the use of ig- suring its timely consideration are greatly Mr. BACA. Mr. Speaker, I rise today to nition interlock devices. This change gives appreciated. voice my strong support for H.R. 1195. This States more flexibility to either continue with I agree that the research provisions in the bill will make essential technical corrections to the current one-year license suspension re- bill are of jurisdictional interest to the Com- the Safe, Accountable, Flexible, and Efficient quirement for repeat offenders, or permit a 45- mittee on Science and Technology. I ac- Transportation Equity Act. knowledge that by forgoing a sequential re- I want to thank my friend, Rep. JAMES day license suspension, after which limited ferral, your Committee is not relinquishing driving privileges are reinstated provided an its jurisdiction and I will fully support your OBERSTAR, and the Members of the Transpor- ignition interlock device is placed on the of- request to be represented in a House Senate tation and Infrastructure Committee for bring- fender’s vehicle. conference on those provisions over which ing this legislation to the floor. Repeat offenders are a significant part of the Committee on Science and Technology This legislation will provide support for vital the United States drunk driving problem, rep- has jurisdiction in H.R. 1195. projects to my home state of California, and in resenting about one-third of all Driving Under I value your cooperation and look forward particular to the city of San Bernardino, lo- to working with you as we move ahead with cated in my district. I commend the Chairman the Influence (DUI) arrests each year. It is es- this important clean air legislation. timated that between 50 and 75 percent of re- Sincerely, for his foresight in giving states the flexibility peat offenders whose licenses have been sus- JAMES L. OBERSTAR, M.C., our districts need to carry out these important pended continue to drive illegally. An ignition Chairman. transportation projects. interlock device prevents offenders who have Mr. DUNCAN. Mr. Speaker, I would like to I am particularly pleased this bill includes a alcohol in their system from operating their ve- thank the Chairman for revitalizing this impor- technical correction for High Priority Project # hicle, but allows them to continue to drive to tant technical corrections bill and voice my 2826. This change will allow transportation of- work, school, or an alcohol treatment program. support for H.R. 1195. I encourage my col- ficials in the Inland Empire to double the num- Mr. Speaker, I urge my colleagues to join leagues to do the same. ber of grade separations constructed on the me in supporting H.R. 1195. There were many minor errors—in policy Alameda Corridor East. Mr. Speaker, I submit the following ex- and in Members projects—in SAFETEA–LU There is no doubt this project will go a long change of letters between Mr. GORDON and that need technical correction. way to help reduce congestion and improve myself regarding this bill. Most people may not remember, but the road safety for residents in my home district HOUSE OF REPRESENTATIVES, COM- House and Senate actually passed a and all Californians traveling to and from the MITTEE ON SCIENCE AND TECH- SAFETEA–LU technical corrections bill that Inland Empire. I urge my colleagues to sup- NOLOGY, was signed into law in October 2005. That bill port our local communities and cast a vote in Washington, DC, March 26, 2007. was taken up with extreme urgency because favor of H.R. 1195. Hon. JAMES L. OBERSTAR, it prevented the accidental shutdown of boat Mr. BOOZMAN. Mr. Speaker, I yield Chairman, Committee on Transportation and safety programs. back the balance of my time. Infrastructure, Washington, DC. In the time that has passed since the Octo- Mr. DEFAZIO. Mr. Speaker, I yield DEAR MR. CHAIRMAN: I am writing to you concerning the jurisdictional interest of the ber 2005 SAFETEA–LU technical corrections back the balance of my time. Committee on Science and Technology in bill was signed into law, we have heard from The SPEAKER pro tempore. The matters being considered in H.R. 1195, to DOT and various states regarding fixes to dif- question is on the motion offered by amend the Safe, Accountable, Flexible, Effi- ferent programs and high priority projects. I the gentleman from Oregon (Mr. cient Transportation Equity Act: A Legacy believe H.R. 1195 addresses most of the DEFAZIO) that the House suspend the for Users to make technical corrections, and areas which need correction. rules and pass the bill, H.R. 1195, as for other purposes. The bill amends research It is important to note that this bill does not amended. portions of H.R. 3, Safe, Accountable, Flexi- make substantial policy changes to The question was taken; and (two- ble, Efficient Transportation Equity Act: A SAFETEA–LU. Rather, this bill corrects provi- thirds being in the affirmative) the Legacy for Users (P.L. 109–59), which are within the Committee on Science and Tech- sions that were not ‘‘workable’’ in SAFETEA– rules were suspended and the bill, as nology’s jurisdiction. LU. After we pass this bill, SAFETEA–LU will amended, was passed. The Committee on Science and Technology finally be able to accomplish what Congress A motion to reconsider was laid on acknowledges the importance of H.R. 1195 voted to do 2 years ago. the table.

VerDate Aug 31 2005 02:59 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MR7.035 H26MRPT1 mstockstill on PROD1PC66 with HOUSE March 26, 2007 CONGRESSIONAL RECORD — HOUSE H3053 RECESS Davis, Tom Kilpatrick Regula NAYS—48 DeFazio Kind Rehberg Alexander Davis, David Miller (FL) The SPEAKER pro tempore. Pursu- DeGette King (NY) Reichert Bachmann Deal (GA) Miller (MI) Delahunt Kirk Renzi ant to clause 12(a) of rule I, the Chair Baker Everett Paul DeLauro Klein (FL) Reyes declares the House in recess until ap- Barrett (SC) Foxx Pence Dent Knollenberg Reynolds proximately 6:30 p.m. today. Bartlett (MD) Franks (AZ) Poe Diaz-Balart, L. Kucinich Rodriguez Barton (TX) Gingrey Price (GA) Accordingly (at 6 o’clock and 15 min- Diaz-Balart, M. Kuhl (NY) Rogers (KY) Blunt Gohmert Rogers (AL) utes p.m.), the House stood in recess Dicks LaHood Rogers (MI) Boehner Goode Sali Dingell Lamborn Rohrabacher Bonner Hastert until approximately 6:30 p.m. Sensenbrenner Doggett Langevin Ros-Lehtinen Brown-Waite, King (IA) Sessions f Donnelly Lantos Roskam Ginny Kingston Stearns Doolittle Larsen (WA) Ross Burton (IN) Kline (MN) Sullivan b 1830 Doyle Larson (CT) Rothman Buyer Lewis (KY) Tancredo Drake Latham Roybal-Allard Cantor Linder Thornberry AFTER RECESS Dreier LaTourette Royce Carter Mack Duncan Westmoreland Lee Ruppersberger Cubin McCrery The recess having expired, the House Ehlers Levin Rush Davis (KY) McHenry was called to order by the Speaker pro Ellison Lewis (CA) Ryan (OH) Ellsworth Lewis (GA) NOT VOTING—26 tempore (Mr. SALAZAR) at 6 o’clock and Ryan (WI) Emanuel Lipinski Brady (PA) Gordon Peterson (PA) 30 minutes p.m. Salazar Emerson LoBiondo Brown, Corrine Hunter Price (NC) Sa´ nchez, Linda f Engel Loebsack Cardoza Kanjorski Shuster T. English (PA) Lofgren, Zoe Carson Lampson Smith (WA) Sanchez, Loretta ANNOUNCEMENT BY THE SPEAKER Eshoo Lowey Crowley Marchant Souder Sarbanes PRO TEMPORE Etheridge Lucas Davis, Jo Ann Millender- Udall (NM) Fallin Lungren, Daniel Saxton Edwards McDonald Walsh (NY) The SPEAKER pro tempore. Pursu- Farr E. Schakowsky Feeney Neal (MA) Wamp ant to clause 8 of rule XX, proceedings Fattah Lynch Schiff Flake Payne Wexler Schmidt will resume on motions to suspend the Ferguson Mahoney (FL) Filner Maloney (NY) Schwartz b 1854 rules previously postponed. Forbes Manzullo Scott (GA) Votes will be taken in the following Fortenberry Markey Scott (VA) Mr. POE and Mr. ROGERS of Ala- order: Fossella Marshall Serrano bama changed their vote from ‘‘yea’’ to H.R. 802, by the yeas and nays; Frank (MA) Matheson Sestak ‘‘nay.’’ Frelinghuysen Matsui Shadegg Mr. CANNON changed his vote from H.R. 137, by the yeas and nays; Gallegly McCarthy (CA) Shays H.R. 580, by the yeas and nays. Garrett (NJ) McCarthy (NY) Shea-Porter ‘‘nay’’ to ‘‘yea.’’ The vote on H. Res. 266 will be taken Gerlach McCaul (TX) Sherman So (two-thirds being in the affirma- tomorrow. Giffords McCollum (MN) Shimkus tive) the rules were suspended and the Gilchrest McCotter Shuler bill, as amended, was passed. The first electronic vote will be con- Gillibrand McDermott Simpson ducted as a 15-minute vote. Remaining Gillmor McGovern Sires The result of the vote was announced electronic votes will be conducted as 5- Gonzalez McHugh Skelton as above recorded. minute votes. Goodlatte McIntyre Slaughter The title was amended so as to read: Granger McKeon Smith (NE) ‘‘A bill to amend the Act to Prevent f Graves McMorris Smith (NJ) Pollution from Ships to implement Green, Al Rodgers Smith (TX) MARITIME POLLUTION Green, Gene McNerney Snyder MARPOL Annex VI.’’. PREVENTION ACT OF 2007 Grijalva McNulty Solis A motion to reconsider was laid on Gutierrez Meehan Space the table. The SPEAKER pro tempore. The un- Hall (NY) Meek (FL) Spratt finished business is the vote on the mo- Hall (TX) Meeks (NY) Stark f tion to suspend the rules and pass the Hare Melancon Stupak Mica Harman Sutton bill, H.R. 802, as amended, on which the Hastings (FL) Michaud ANIMAL FIGHTING PROHIBITION Tanner yeas and nays were ordered. Hastings (WA) Miller (NC) ENFORCEMENT ACT OF 2007 Tauscher Hayes Miller, Gary The Clerk read the title of the bill. Taylor The SPEAKER pro tempore. The un- Heller Miller, George The SPEAKER pro tempore. The Terry Hensarling Mitchell finished business is the vote on the mo- Thompson (CA) question is on the motion offered by Herger Mollohan tion to suspend the rules and pass the Thompson (MS) the gentleman from Maryland (Mr. Herseth Moore (KS) Tiahrt bill, H.R. 137, as amended, on which the Higgins Moore (WI) CUMMINGS) that the House suspend the Tiberi yeas and nays were ordered. Hill Moran (KS) rules and pass the bill, H.R. 802, as Tierney Hinchey Moran (VA) The Clerk read the title of the bill. Towns amended. Hinojosa Murphy (CT) The SPEAKER pro tempore. The The vote was taken by electronic de- Hirono Murphy, Patrick Turner question is on the motion offered by Hobson Murphy, Tim Udall (CO) vice, and there were—yeas 359, nays 48, Upton the gentleman from Virginia (Mr. not voting 26, as follows: Hodes Murtha Hoekstra Musgrave Van Hollen SCOTT) that the House suspend the ´ [Roll No. 187] Holden Myrick Velazquez rules and pass the bill, H.R. 137, as Holt Nadler Visclosky YEAS—359 Walberg amended. Honda Napolitano This will be a 5-minute vote. Abercrombie Blumenauer Castor Hooley Neugebauer Walden (OR) Ackerman Bono Chabot Hoyer Nunes Walz (MN) The vote was taken by electronic de- Aderholt Boozman Chandler Hulshof Oberstar Wasserman vice, and there were—yeas 368, nays 39, Akin Boren Clarke Inglis (SC) Obey Schultz Allen Boswell Clay not voting 26, as follows: Inslee Olver Waters Altmire Boucher Cleaver Israel Ortiz Watson [Roll No. 188] Andrews Boustany Clyburn Issa Pallone Watt Arcuri Boyd (FL) Coble YEAS—368 Pascrell Waxman Baca Boyda (KS) Cohen Jackson (IL) Abercrombie Bartlett (MD) Boswell Jackson-Lee Pastor Weiner Bachus Brady (TX) Cole (OK) Welch (VT) Ackerman Bean Boucher Baird Braley (IA) Conaway (TX) Pearce Aderholt Becerra Boustany Weldon (FL) Baldwin Brown (SC) Conyers Jefferson Perlmutter Akin Berkley Boyd (FL) Weller Barrow Buchanan Cooper Jindal Peterson (MN) Alexander Berman Boyda (KS) Whitfield Bean Burgess Costa Johnson (GA) Petri Allen Berry Braley (IA) Wicker Becerra Butterfield Costello Johnson (IL) Pickering Altmire Biggert Brown (SC) Berkley Calvert Courtney Johnson, E. B. Pitts Wilson (NM) Andrews Bilbray Brown-Waite, Berman Camp (MI) Cramer Johnson, Sam Platts Wilson (OH) Arcuri Bilirakis Ginny Berry Campbell (CA) Crenshaw Jones (NC) Pomeroy Wilson (SC) Baca Bishop (GA) Buchanan Biggert Cannon Cuellar Jones (OH) Porter Wolf Bachmann Bishop (NY) Burgess Bilbray Capito Culberson Jordan Pryce (OH) Woolsey Bachus Bishop (UT) Burton (IN) Bilirakis Capps Cummings Kagen Putnam Wu Baird Blackburn Butterfield Bishop (GA) Capuano Davis (AL) Kaptur Radanovich Wynn Baker Blumenauer Buyer Bishop (NY) Carnahan Davis (CA) Keller Rahall Yarmuth Baldwin Bonner Calvert Bishop (UT) Carney Davis (IL) Kennedy Ramstad Young (AK) Barrett (SC) Bono Camp (MI) Blackburn Castle Davis, Lincoln Kildee Rangel Young (FL) Barrow Boozman Campbell (CA)

VerDate Aug 31 2005 02:59 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MR7.057 H26MRPT1 mstockstill on PROD1PC66 with HOUSE H3054 CONGRESSIONAL RECORD — HOUSE March 26, 2007 Capito Hoekstra Murtha Vela´ zquez Watt Wilson (OH) Castor Jackson-Lee Pitts Capps Holden Musgrave Visclosky Waxman Wilson (SC) Chandler (TX) Platts Capuano Holt Myrick Walberg Weiner Wolf Clarke Jindal Pomeroy Carnahan Honda Nadler Walden (OR) Welch (VT) Woolsey Clay Johnson (GA) Porter Carney Hooley Napolitano Walz (MN) Weldon (FL) Wu Cleaver Johnson (IL) Pryce (OH) Carter Hoyer Nunes Wasserman Weller Wynn Clyburn Johnson, E. B. Putnam Castle Hulshof Oberstar Schultz Whitfield Yarmuth Cohen Jones (NC) Radanovich Castor Inglis (SC) Obey Waters Wicker Young (FL) Cole (OK) Jones (OH) Rahall Chabot Inslee Olver Watson Wilson (NM) Conyers Kagen Ramstad Chandler Israel Ortiz NAYS—39 Cooper Kaptur Rangel Clarke Issa Pallone Costa Keller Regula Clay Jackson (IL) Pascrell Barton (TX) Foxx Mack Costello Kennedy Rehberg Cleaver Jackson-Lee Pastor Blunt Garrett (NJ) Neugebauer Courtney Kildee Reichert Clyburn (TX) Pearce Boehner Gohmert Paul Cramer Kilpatrick Renzi Boren Graves Poe Coble Jefferson Pence Cuellar Kind Reyes Cohen Jindal Perlmutter Brady (TX) Hayes Rogers (AL) Cummings King (IA) Rodriguez Conyers Johnson (GA) Peterson (MN) Cannon Hensarling Sali Davis (AL) King (NY) Rogers (MI) Cooper Johnson (IL) Petri Cantor Hinojosa Sensenbrenner Davis (CA) Kirk Rohrabacher Costa Johnson, E. B. Pickering Cole (OK) Johnson, Sam Smith (NE) Klein (FL) Ros-Lehtinen Conaway King (IA) Stearns Davis (IL) Costello Jones (NC) Pitts Knollenberg Ross Davis, David Kingston Sullivan Davis, Lincoln Courtney Jones (OH) Platts Kucinich Rothman Diaz-Balart, L. Lamborn Thornberry Davis, Tom Cramer Jordan Pomeroy Kuhl (NY) Roybal-Allard Diaz-Balart, M. Lewis (KY) Westmoreland DeFazio Crenshaw Kagen Porter LaHood Royce Doolittle Lucas Young (AK) DeGette Cubin Kaptur Price (GA) Langevin Ruppersberger Cuellar Keller Pryce (OH) Delahunt NOT VOTING—26 DeLauro Lantos Rush Culberson Kennedy Putnam Larsen (WA) Ryan (OH) Brady (PA) Gordon Peterson (PA) Dent Cummings Kildee Radanovich Larson (CT) Salazar Kilpatrick Brown, Corrine Hunter Price (NC) Diaz-Balart, L. Davis (AL) Rahall Latham Sa´ nchez, Linda Davis (CA) Kind Ramstad Cardoza Kanjorski Shuster Diaz-Balart, M. Lee T. Davis (IL) King (NY) Rangel Carson Lampson Smith (WA) Dicks Levin Sanchez, Loretta Davis (KY) Kirk Regula Crowley Marchant Souder Dingell Lewis (CA) Sarbanes Davis, Lincoln Klein (FL) Rehberg Davis, Jo Ann Millender- Udall (NM) Doggett Lewis (GA) Saxton Davis, Tom Kline (MN) Reichert Feeney McDonald Walsh (NY) Donnelly Lipinski Schakowsky Deal (GA) Knollenberg Renzi Flake Neal (MA) Wamp Doyle LoBiondo Schiff DeFazio Kucinich Reyes Goode Payne Wexler Drake Loebsack Schwartz DeGette Kuhl (NY) Reynolds Dreier ANNOUNCEMENT BY THE SPEAKER PRO Lofgren, Zoe Scott (GA) Delahunt LaHood Rodriguez Edwards Lowey Scott (VA) DeLauro Langevin Rogers (KY) TEMPORE. Ehlers Lucas Serrano Dent Lantos Rogers (MI) The SPEAKER pro tempore (during Ellison Lungren, Daniel Sestak Dicks Larsen (WA) Rohrabacher Ellsworth the vote). Members are advised that E. Shadegg Dingell Larson (CT) Ros-Lehtinen Emanuel there are 2 minutes remaining in this Lynch Shays Doggett Latham Roskam Emerson Mack Shea-Porter Donnelly LaTourette Ross vote. Engel Mahoney (FL) Sherman Doyle Lee Rothman Eshoo Maloney (NY) Shimkus Drake Levin Roybal-Allard b 1903 Etheridge Dreier Lewis (CA) Royce Markey Shuler So (two-thirds being in the affirma- Fallin Marshall Simpson Duncan Lewis (GA) Ruppersberger Farr Edwards Linder Rush tive) the rules were suspended and the Matheson Sires Fattah Matsui Skelton Ehlers Lipinski Ryan (OH) bill, as amended, was passed. Ferguson Ellison LoBiondo Ryan (WI) McCarthy (NY) Slaughter The result of the vote was announced Filner McCaul (TX) Smith (NJ) Ellsworth Loebsack Salazar Forbes Emanuel Lofgren, Zoe Sa´ nchez, Linda as above recorded. McCollum (MN) Smith (TX) Fortenberry Emerson Lowey T. McCotter Snyder A motion to reconsider was laid on Fossella Engel Lungren, Daniel Sanchez, Loretta McDermott Solis the table. Frank (MA) English (PA) E. Sarbanes McGovern Space Frelinghuysen Eshoo Lynch Saxton f McHugh Spratt Etheridge Mahoney (FL) Schakowsky Gallegly McIntyre Stark Garrett (NJ) Everett Maloney (NY) Schiff INTERIM APPOINTMENT OF McKeon Stearns Fallin Manzullo Schmidt Gerlach McMorris Stupak Farr Markey Schwartz UNITED STATES ATTORNEYS Giffords Rodgers Sullivan Fattah Marshall Scott (GA) The SPEAKER pro tempore. The un- Gilchrest McNerney Sutton Ferguson Matheson Scott (VA) Gillibrand McNulty Tancredo Filner Matsui Serrano finished business is the vote on the mo- Gillmor Meehan Tanner Forbes McCarthy (CA) Sessions tion to suspend the rules and pass the Gohmert Meek (FL) Tauscher Fortenberry McCarthy (NY) Sestak bill, H.R. 580, as amended, on which the Gonzalez Meeks (NY) Taylor Fossella McCaul (TX) Shadegg yeas and nays were ordered. Goode Melancon Terry Frank (MA) McCollum (MN) Shays Goodlatte Michaud Thompson (CA) Franks (AZ) McCotter Shea-Porter The Clerk read the title of the bill. Green, Al Miller (MI) Thompson (MS) Frelinghuysen McCrery Sherman The SPEAKER pro tempore. The Green, Gene Miller (NC) Thornberry Gallegly McDermott Shimkus question is on the motion offered by Grijalva Miller, Gary Tierney Gerlach McGovern Shuler the gentleman from Michigan (Mr. Gutierrez Miller, George Towns Giffords McHenry Simpson Hall (NY) Mitchell Udall (CO) Gilchrest McHugh Sires CONYERS) that the House suspend the Hare Mollohan Upton Gillibrand McIntyre Skelton rules and pass the bill, H.R. 580, as Harman Moore (KS) Van Hollen Gillmor McKeon Slaughter amended. Hastings (FL) Moore (WI) Vela´ zquez Gingrey McMorris Smith (NJ) Hastings (WA) Moran (KS) Visclosky Gonzalez Rodgers Smith (TX) This will be a 5-minute vote. Heller Moran (VA) Walberg Goodlatte McNerney Snyder The vote was taken by electronic de- Hensarling Murphy (CT) Walden (OR) Granger McNulty Solis vice, and there were—yeas 329, nays 78, Herseth Murphy, Patrick Walz (MN) Green, Al Meehan Space Higgins Murphy, Tim Wasserman Green, Gene Meek (FL) Spratt not voting 26, as follows: Hill Murtha Schultz Grijalva Meeks (NY) Stark [Roll No. 189] Hinchey Nadler Waters Gutierrez Melancon Stupak Hall (NY) Mica Sutton YEAS—329 Hinojosa Napolitano Watson Hall (TX) Michaud Tancredo Abercrombie Berkley Boyda (KS) Hirono Neugebauer Watt Hare Miller (FL) Tanner Ackerman Berman Braley (IA) Hobson Oberstar Waxman Harman Miller (MI) Tauscher Alexander Berry Brown-Waite, Hodes Obey Weiner Hastert Miller (NC) Taylor Allen Biggert Ginny Hoekstra Olver Welch (VT) Hastings (FL) Miller, Gary Terry Altmire Bilbray Buchanan Holden Ortiz Weldon (FL) Hastings (WA) Miller, George Thompson (CA) Andrews Bilirakis Burgess Holt Pallone Weller Heller Mitchell Thompson (MS) Arcuri Bishop (GA) Butterfield Honda Pascrell Whitfield Herger Mollohan Tiahrt Baca Bishop (NY) Calvert Hooley Pastor Wilson (NM) Herseth Moore (KS) Tiberi Bachus Blumenauer Camp (MI) Hoyer Paul Wilson (OH) Higgins Moore (WI) Tierney Baird Boozman Capito Hulshof Pearce Wolf Hill Moran (KS) Towns Baldwin Boren Capps Inglis (SC) Pence Woolsey Hinchey Moran (VA) Turner Barrow Boswell Capuano Inslee Perlmutter Wu Hirono Murphy (CT) Udall (CO) Bartlett (MD) Boucher Carnahan Israel Peterson (MN) Wynn Hobson Murphy, Patrick Upton Bean Boustany Carney Issa Petri Yarmuth Hodes Murphy, Tim Van Hollen Becerra Boyd (FL) Castle Jackson (IL) Pickering Young (AK)

VerDate Aug 31 2005 02:59 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MR7.029 H26MRPT1 mstockstill on PROD1PC66 with HOUSE March 26, 2007 CONGRESSIONAL RECORD — HOUSE H3055 NAYS—78 tual defense has made possible the demo- communique´ declaring ‘‘[w]e pledge that Aderholt Davis (KY) McCrery cratic transformation of Central and Eastern NATO will continue to welcome new mem- Akin Davis, David McHenry Europe. Members of the North Atlantic Trea- bers in a position to further the principles of Bachmann Deal (GA) Mica ty Organization can and should play a crit- the [North Atlantic] Treaty and contribute Baker Doolittle Miller (FL) ical role in addressing the security chal- to peace and security in the Euro-Atlantic Barrett (SC) Duncan Musgrave lenges of the post-Cold War era in creating area . . . [t]he three new members will not Barton (TX) English (PA) Myrick the stable environment needed for those be the last . . . [n]o European democratic Bishop (UT) Everett Nunes emerging democracies in Europe. country whose admission would fulfill the Blackburn Foxx Poe Blunt Franks (AZ) Price (GA) (2) Lasting stability and security in Europe objectives of the Treaty will be excluded Boehner Gingrey Reynolds requires the military, economic, and polit- from consideration, regardless of its geo- Bonner Granger Rogers (AL) ical integration of emerging democracies graphic location . . .’’. Bono Graves Rogers (KY) into existing European structures. (10) In May 2000 in Vilnius, Lithuania, the Brady (TX) Hall (TX) Roskam (3) In an era of threats from terrorism and foreign ministers of Albania, Bulgaria, Esto- Brown (SC) Hastert Ryan (WI) the proliferation of weapons of mass destruc- nia, Latvia, Lithuania, the Republic of Mac- Burton (IN) Hayes Sali tion, the North Atlantic Treaty Organization edonia (FYROM), Romania, Slovakia, and Buyer Herger Schmidt is increasingly contributing to security in Slovenia issued a statement (later joined by Campbell (CA) Johnson, Sam Sensenbrenner Cannon Jordan Sessions the face of global security challenges for the Croatia) declaring that— Cantor Kingston Smith (NE) protection and interests of its member (A) their countries will cooperate in joint- Carter Kline (MN) Tiahrt states. ly seeking membership in the North Atlantic Chabot Lamborn Tiberi (4) In the NATO Participation Act of 1994 Treaty Organization in the next round of en- Coble LaTourette Turner (title II of Public Law 103–447; 22 U.S.C. 1928 largement of the North Atlantic Treaty Or- Conaway Lewis (KY) Westmoreland note), Congress declared that ‘‘full and ac- ganization; Crenshaw Linder Wicker tive participants in the Partnership for (B) the realization of membership in the Cubin Manzullo Wilson (SC) Peace in a position to further the principles North Atlantic Treaty Organization by one Culberson McCarthy (CA) Young (FL) of the North Atlantic Treaty and to con- or more of these countries would be a success NOT VOTING—26 tribute to the security of the North Atlantic for all; and Brady (PA) Hunter Peterson (PA) area should be invited to become full NATO (C) eventual membership in the North At- Brown, Corrine Jefferson Price (NC) members in accordance with Article 10 of lantic Treaty Organization for all of these Cardoza Kanjorski Shuster such Treaty at an early date. . .’’. countries would be a success for Europe and Carson Lampson Smith (WA) (5) In the NATO Enlargement Facilitation for the North Atlantic Treaty Organization. Crowley Marchant Souder Act of 1996 (title VI of section 101(c) of title (11) On June 15, 2001, in a speech in War- Davis, Jo Ann Millender- Udall (NM) I of division A of Public Law 104–208; 22 saw, Poland, President George W. Bush stat- Feeney McDonald Walsh (NY) Flake Neal (MA) Wamp U.S.C. 1928 note), Congress called for the ed ‘‘[a]ll of Europe’s new democracies, from Gordon Payne Wexler prompt admission of Poland, Hungary, the the Baltic to the Black Sea and all that lie Czech Republic, and Slovenia to the North between, should have the same chance for se- ANNOUNCEMENT BY THE SPEAKER PRO Atlantic Treaty Organization, and declared curity and freedom—and the same chance to TEMPORE. that ‘‘in order to promote economic stability join the institutions of Europe—as Europe’s The SPEAKER pro tempore (during and security in Slovakia, Estonia, Latvia, old democracies have . . . I believe in NATO the vote). Members are advised that Lithuania, Romania, Bulgaria, Albania, membership for all of Europe’s democracies there are 2 minutes remaining in this Moldova, and Ukraine . . . the process of en- that seek it and are ready to share the re- vote. larging NATO to include emerging democ- sponsibilities that NATO brings . . . [a]s we racies in Central and Eastern Europe should plan to enlarge NATO, no nation should be b 1911 not be limited to consideration of admitting used as a pawn in the agenda of others . . . Poland, Hungary, the Czech Republic, and [w]e will not trade away the fate of free Eu- So (two-thirds being in the affirma- Slovenia as full members of the NATO Alli- ropean peoples . . . [n]o more Munichs . . . tive) the rules were suspended and the ance’’. [n]o more Yaltas . . . [a]s we plan the Prague bill, as amended, was passed. (6) In the European Security Act of 1998 Summit, we should not calculate how little The result of the vote was announced (title XXVII of division G of Public Law 105– we can get away with, but how much we can as above recorded. 277; 22 U.S.C. 1928 note), Congress declared do to advance the cause of freedom’’. A motion to reconsider was laid on that ‘‘Poland, Hungary, and the Czech Re- (12) On October 22, 1996, in a speech in De- the table. public should not be the last emerging de- troit, Michigan, former President William J. mocracies in Central and Eastern Europe in- Clinton stated ‘‘NATO’s doors will not close f vited to join NATO’’ and that ‘‘Romania, Es- behind its first new members . . . NATO NATO FREEDOM CONSOLIDATION tonia, Latvia, Lithuania, and Bulgaria . . . should remain open to all of Europe’s emerg- ACT OF 2007 would make an outstanding contribution to ing democracies who are ready to shoulder furthering the goals of NATO and enhancing the responsibilities of membership . . . [n]o Mr. TANNER. Madam Speaker, I ask stability, freedom, and peace in Europe nation will be automatically excluded . . . unanimous consent to take from the should they become NATO members [and] [n]o country outside NATO will have a veto Speaker’s table the Senate bill (S. 494) upon complete satisfaction of all relevant . . . [a] gray zone of insecurity must not re- to endorse further enlargement of the criteria should be invited to become full emerge in Europe’’. North Atlantic Treaty Organization NATO members at the earliest possible (13) At the Prague Summit of the North date’’. Atlantic Treaty Organization in November (NATO) and to facilitate the timely ad- (7) In the Gerald B. H. Solomon Freedom 2002, Bulgaria, Estonia, Latvia, Lithuania, mission of new members to NATO, and Consolidation Act of 2002 (Public Law 107– Romania, Slovakia, and Slovenia were in- for other purposes, and ask for its im- 187; 22 U.S.C. 1928 note), Congress endorsed vited to join the Alliance in the second mediate consideration in the House. ‘‘. . . the vision of further enlargement of round of enlargement of the North Atlantic The Clerk read the title of the Senate the NATO Alliance articulated by President Treaty Organization since the end of the bill. George W. Bush on June 15, 2001, and by Cold War, and the North Atlantic Treaty Or- The SPEAKER pro tempore (Ms. former President William J. Clinton on Octo- ganization heads of state and government ber 22, 1996’’. issued a declaration stating ‘‘NATO’s door WATSON). Is there objection to the re- quest of the gentleman from Ten- (8) At the Madrid Summit of the North At- will remain open to European democracies lantic Treaty Organization in July 1997, Po- willing and able to assume the responsibil- nessee? land, Hungary, and the Czech Republic were ities and obligations of membership, in ac- There was no objection. invited to join the Alliance, and the North cordance with Article 10 of the Washington The Clerk read the Senate bill, as fol- Atlantic Treaty Organization heads of state Treaty’’. lows: and government issued a declaration stating (14) On May 8, 2003, the United States Sen- S. 494 ‘‘[t]he alliance expects to extend further in- ate unanimously approved the Resolution of vitations in coming years to nations willing Ratification to Accompany Treaty Docu- Be it enacted by the Senate and House of Rep- and able to assume the responsibilities and ment No. 108–4, Protocols to the North At- resentatives of the United States of America in obligations of membership . . . [n]o Euro- lantic Treaty of 1949 on Accession of Bul- Congress assembled, pean democratic country whose admission garia, Estonia, Latvia, Lithuania, Romania, SECTION 1. SHORT TITLE. would fulfill the objectives of the [North At- Slovakia, and Slovenia, inviting Bulgaria, This Act may be cited as the ‘‘NATO Free- lantic] Treaty will be excluded from consid- Estonia, Latvia, Lithuania, Romania, Slo- dom Consolidation Act of 2007’’. eration’’. vakia, and Slovenia to join the North Atlan- SEC. 2. FINDINGS. (9) At the Washington Summit of the tic Treaty Organization. Congress makes the following findings: North Atlantic Treaty Organization in April (15) At the Istanbul Summit of the North (1) The sustained commitment of the North 1999, the North Atlantic Treaty Organization Atlantic Treaty Organization in June 2004, Atlantic Treaty Organization (NATO) to mu- heads of state and government issued a the North Atlantic Treaty Organization

VerDate Aug 31 2005 02:59 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MR7.030 H26MRPT1 mstockstill on PROD1PC66 with HOUSE H3056 CONGRESSIONAL RECORD — HOUSE March 26, 2007 heads of state and government issued a and Ukraine its Intensified Dialogues which SEC. 4. DESIGNATION OF ALBANIA, CROATIA, communique´ reaffirming that NATO’s door cover the full range of political, military, fi- GEORGIA, MACEDONIA (FYROM), remains open to new members, declaring nancial and security issues relating to those AND UKRAINE AS ELIGIBLE TO RE- ‘‘[w]e celebrate the success of NATO’s Open CEIVE ASSISTANCE UNDER THE countries’ aspirations to membership, with- NATO PARTICIPATION ACT OF 1994. Door Policy, and reaffirm tody that our out prejudice to any eventual Alliance deci- (a) DESIGNATION.— seven new members will not be the last. The sion. We reaffirm the importance of the (1) ALBANIA.—The Republic of Albania is door to membership remains open. We wel- NATO-Ukraine Distinctive Partnership, designated as eligible to receive assistance come the progress made by Albania, Croatia, which has its 10th anniversary next year and under the program established under section and the former Yugoslav Republic of Mac- welcome the progress that has been made in 203(a) of the NATO Participation Act of 1994 edonia (1) in implementing their Annual Na- the framework of our Intensified Dialogue. (title II of Public Law 103–447; 22 U.S.C. 1928 tional Programmes under the Membership We appreciate Ukraine’s substantial con- note), and shall be deemed to have been so Action Plan, and encourage them to con- tributions to our common security, includ- designated pursuant to section 203(d)(1) of tinue pursuing the reforms necessary to ing through participation in NATO-led oper- such Act. progress toward NATO membership. We also ations and efforts to promote regional co- commend their contribution to regional sta- (2) CROATIA.—The Republic of Croatia is operation. We encourage Ukraine to con- bility and cooperation. We want all three designated as eligible to receive assistance countries to succeed and will continue to as- tinue to contribute to regional security. We under the program established under section sist them in their reform efforts. NATO will are determined to continue to assist, 203(a) of the NATO Participation Act of 1994, continue to assess each country’s candidacy through practical cooperation, in the imple- and shall be deemed to have been so des- individually, based on the progress made to- mentation of far-reaching reform efforts, no- ignated pursuant to section 203(d)(1) of such wards reform goals pursued through the tably in the fields of national security, Act. Membership Action Plan, which will remain defence, reform of the defence-industrial sec- (3) GEORGIA.—Georgia is designated as eli- the vehicle to keep the readiness of each as- tor and fighting corruption. We welcome the gible to receive assistance under the pro- pirant for membership under review. We di- commencement of an Intensified Dialogue gram established under section 203(a) of the rect that NATO Foreign Ministers keep the with Georgia as well as Georgia’s contribu- NATO Participation Act of 1994, and shall be enlargement process, including the imple- tion to international peacekeeping and secu- deemed to have been so designated pursuant mentation of the Membership Action Plan, rity operations. We will continue to engage to section 203(d)(1) of such Act. under continual review and report to us. We actively with Georgia in support of its re- (4) MACEDONIA (FYROM).—The Republic of will review at the next Summit progress by form process. We encourage Georgia to con- Macedonia (FYROM) is designated as eligible aspirants towards membership based on that tinue progress on political, economic and to receive assistance under the program es- report’’. military reforms, including strengthening tablished under section 203(a) of the NATO (16) Georgia and Ukraine have stated their judicial reform, as well as the peaceful reso- Participation Act of 1994, and shall be desire to join the Euro-Atlantic community, lution of outstanding conflicts on its terri- deemed to have been so designated pursuant and in particular, are seeking to join the tory. We reaffirm that it is of great impor- to section 203(d)(1) of such Act. North Atlantic Treaty Organization. Georgia tance that all parties in the region should (5) UKRAINE.—Ukraine is designated as eli- and Ukraine are working closely with the engage constructively to promote regional gible to receive assistance under the pro- North Atlantic Treaty Organization and its peace and stability.’’. gram established under section 203(a) of the members to meet criteria for eventual mem- (22) Contingent upon their continued im- NATO Participation Act of 1994, and shall be bership in NATO. plementation of democratic, defense, and deemed to have been so designated pursuant (17) At a press conference with President economic reform, and their willingness and to section 203(d)(1) of such Act. Mikhail Saakashvili of Georgia in Wash- ability to meet the responsibilities of mem- (b) RULE OF CONSTRUCTION.—The designa- ington, D.C. on July 5, 2006, President George bership in the North Atlantic Treaty Organi- tion of the Republic of Albania, the Republic of Croatia, Georgia, the Republic of Mac- W. Bush stated that ‘‘. . . I believe that zation and a clear expression of national in- edonia (FYROM), and Ukraine pursuant to NATO would benefit with Georgia being a tent to do so, Congress calls for the timely subsection (a) as eligible to receive assist- member of NATO, and I think Georgia would admission of Albania, Croatia, Georgia, Mac- ance under the program established under benefit. And there’s a way forward through edonia (FYROM), and Ukraine to the North the Membership Action Plan . . . And I’m a section 203(a) of the NATO Participation Act Atlantic Treaty Organization to promote se- of 1994— believer in the expansion of NATO. I think curity and stability in Europe. it’s in the world’s interest that we expand (1) is in addition to the designation of Po- NATO’’. SEC. 3. DECLARATIONS OF POLICY. land, Hungary, the Czech Republic, and Slo- venia pursuant to section 606 of the NATO (18) Following a meeting of NATO Foreign Congress— Ministers in New York on September 21, 2006, Enlargement Facilitation Act of 1996 (title (1) reaffirms its previous expressions of NATO Secretary General Jaap de Hoop VI of section 101(c) of title I of division A of support for continued enlargement of the Scheffer announced the launching of an In- Public Law 104–208; 22 U.S.C. 1928 note), the North Atlantic Treaty Organization con- tensified Dialogue on membership between designation of Romania, Estonia, Latvia, tained in the NATO Participation Act of the Alliance and Georgia. Lithuania, and Bulgaria pursuant to section 1994, the NATO Enlargement Facilitation (19) At the NATO-Ukraine Commission 2703(b) of the European Security Act of 1998 Summit in Brussels in February 2005, Presi- Act of 1996, the European Security Act of (title XXVII of division G of Public Law 105– dent of Ukraine Victor Yushchenko declared 1998, and the Gerald B. H. Solomon Freedom 277; 22 U.S.C. 1928 note), and the designation membership in NATO as the ultimate goal of Consolidation Act of 2002; of Slovakia pursuant to section 4(a) of the Ukraine’s cooperation with the Alliance and (2) supports the commitment to further en- Gerald B. H. Solomon Freedom Consolida- expressed Ukraine’s desire to conclude a largement of the North Atlantic Treaty Or- tion Act of 2002 (Public Law 107–187; 22 U.S.C. Membership Action Plan. ganization to include European democracies 1928 note) as eligible to receive assistance (20) At the NATO-Ukraine Commission that are able and willing to meet the respon- under the program established under section Foreign Ministerial meeting in Vilnius in sibilities of Membership, as expressed by the 203(a) of the NATO Participation Act of 1994; April 2005, NATO and Ukraine launched an Alliance in its Madrid Summit Declaration and Intensified Dialogue on the potential mem- of 1997, its Washington Summit Communique´ (2) shall not preclude the designation by bership of Ukraine in NATO. of 1999, its Prague Summit Declaration of the President of other countries pursuant to (21) At the Riga Summit of the North At- 2002, its Istanbul Summit Communique´ of section 203(d)(2) of the NATO Participation lantic Treaty Organization in November 2006, 2004, and its Riga Summit Declaration of Act of 1994 as eligible to receive assistance the Heads of State and Government of the 2006; and under the program established under section member countries of NATO issued a declara- (3) endorses the vision of further enlarge- 203(a) of such Act. tion reaffirming that NATO’s door remains ment of the North Atlantic Treaty Organiza- SEC. 5. AUTHORIZATION OF SECURITY ASSIST- open to new members, declaring that ‘‘all tion articulated by President George W. ANCE FOR COUNTRIES DESIGNATED European democratic countries may be con- Bush on June 15, 2001, and by former Presi- UNDER THE NATO PARTICIPATION sidered for MAP (Membership Action Plan) dent William J. Clinton on October 22, 1996, ACT OF 1994. Of the amounts made available for fiscal or admission, subject to decision by the NAC and urges our allies in the North Atlantic year 2008 under section 23 of the Arms Export (North Atlantic Council) at each stage, based Treaty Organization to work with the United Control Act (22 U.S.C. 2763) such sums as on the performance of these countries to- States to realize a role for the North Atlan- may be necessary are authorized to be appro- wards meeting the objectives of the North tic Treaty Organization in promoting global priated for assistance to the Republic of Al- security, including continued support for en- Atlantic Treaty. We direct that NATO For- bania, the Republic of Croatia, Georgia, the largement to include qualified candidate eign Ministers keep that process under con- Republic of Macedonia (FYROM), and states, specifically by entering into a Mem- tinual review and report to us. We welcome Ukraine. the efforts of Albania, Croatia, and the bership Action Plan with Georgia and recog- former Yugoslav Republic of Macedonia to nizing the progress toward meeting the re- The Senate bill was ordered to be prepare themselves for the responsibilities sponsibilities and obligations of NATO mem- read a third time, was read the third and obligations of membership. We reaffirm bership by Albania, Croatia, Georgia, Mac- time, and passed, and a motion to re- that the Alliance will continue with Georgia edonia (FYROM), and Ukraine. consider was laid on the table.

VerDate Aug 31 2005 02:59 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MR7.042 H26MRPT1 mstockstill on PROD1PC66 with HOUSE March 26, 2007 CONGRESSIONAL RECORD — HOUSE H3057 b 1915 must never deceive, mislead or mis- the following Members will be recog- state. nized for 5 minutes each. REPORT ON RESOLUTION PRO- There have been two different ac- f VIDING FOR CONSIDERATION OF counts by his office about the firings of PUBLICATION OF THE RULES OF H.R. 835, HAWAIIAN HOMEOWNER- some U.S. Attorneys. Gonzalez says he THE COMMITTEE ON THE JUDICI- SHIP OPPORTUNITY ACT OF 2007 never has discussed the firings, but se- ARY, 110TH CONGRESS Ms. CASTOR, from the Committee on cret memos show a meeting to discuss Rules, submitted a privileged report such was held in his very office where The SPEAKER pro tempore. Under a (Rept. No. 110–73) on the resolution (H. he was present. Both statements can- previous order of the House, the gen- Res. 269) providing for consideration of not be true. His word is tarnished. tleman from Michigan (Mr. CONYERS) is the bill (H.R. 835) to reauthorize the The issue is not whether the adminis- recognized for 5 minutes. programs of the Department of Hous- tration can fire U.S. Attorneys. It can Mr. CONYERS. Madam Speaker, in accord- ing and Urban Development for hous- do so for almost any reason under the ance with clause 2(a) of rule XI of the Rules ing assistance for Native Hawaiians, law. of the House of Representatives, I respectfully which was referred to the House Cal- Madam Speaker, growing up, my submit the rules of the Committee on the Judi- endar and ordered to be printed. grandmother was the Chief Law En- ciary for printing in the CONGRESSIONAL f forcement Officer. Her word was the RECORD. The Committee on the Judiciary law. I never doubted what she said. I adopted these rules by voice vote, a quorum REPORT ON RESOLUTION PRO- respected her because she was always being present, at our organizational meeting VIDING FOR CONSIDERATION OF bluntly truthful. If she had told me it on January 24, 2007. H.R. 1401, RAIL AND PUBLIC was raining in my house, I would have COMMITTEE ON THE JUDICIARY, RULES OF PROCEDURE, TRANSPORTATION SECURITY rushed home and started putting plas- ONE HUNDRED TENTH CONGRESS, ADOPTED JANU- ACT OF 2007 tic over the furniture, because she ARY 24, 2007 Ms. CASTOR, from the Committee on never misled or misstated the truth. Rule I. The Rules of the House of Rep- Rules, submitted a privileged report This Nation deserves better than to resentatives are the rules of the Committee have an Attorney General who cannot on the Judiciary and its Subcommittees with (Rept. No. 110–74) on the resolution (H. the following specific additions thereto. Res. 270) providing for consideration of be forthright with Congress and mis- RULE II. COMMITTEE MEETINGS the bill (H.R. 1401) to improve the secu- leads the citizens he has been sworn to rity of railroads, public transportation, protect. He has a credibility issue. His (a) The regular meeting day of the Com- mittee on the Judiciary for the conduct of and over-the-road buses in the United word should be as bluntly truthful as my grandmother’s. its business shall be on Wednesday of each States, and for other purposes, which week while the House is in session. was referred to the House Calendar and And that’s just the way it is. (b) Additional meetings may be called by ordered to be printed. f the Chairman and a regular meeting of the Committee may be dispensed with when, in f AMERICA MUST BECOME ENERGY the judgment of the Chairman, there is no INDEPENDENT PROTECT IMPORTANT TAX RELIEF need therefor. (Mr. KINGSTON asked and was given (c) At least 24 hours (excluding Saturdays, (Ms. GINNY BROWN-WAITE of Flor- permission to address the House for 1 Sundays and legal holidays when the House ida asked and was given permission to minute.) is not in session) before each scheduled Com- address the House for 1 minute.) Mr. KINGSTON. Madam Speaker, in mittee or Subcommittee meeting, each Member of the Committee or Subcommittee Ms. GINNY BROWN-WAITE of Flor- 2004, the United States of America ida. Madam Speaker, I rise today to ex- shall be furnished a list of the bill(s) and sub- spent $103 billion buying oil from non- ject(s) to be considered and/or acted upon at press my concern that the Democrats democratic countries, such countries will not extend tax measures critical to the meeting. Bills or subjects not listed shall as Venezuela, as Iran, as Russia, and be subject to a point of order unless their the American people. Residents in my even ones who are our allies like Saudi consideration is agreed to by a two-thirds own State are at risk. Floridians cur- Arabia, where some of that money vote of the Committee or Subcommittee. rently can deduct their sales tax from finds its way into the hands of terrorist (d) In an emergency that does not reason- the Federal income tax. However, this groups. ably allow for 24 hours’ notice, the Chairman may waive the 24-hour notice requirement deduction expires this year. We are funding both sides in the war As Democrats set their agenda for with the agreement of the Ranking Minority on terrorism. It is a national security Member. the coming year, there is talk of offset- issue. We have to get off Middle East ting increases in Federal spending by (e) Committee and Subcommittee meetings oil, and we need to reduce our oil de- for the transaction of business, i.e. meetings raising taxes for millions of Ameri- pendency. We import 60 percent of our other than those held for the purpose of tak- cans. Quite frankly, I worry that the oil today. ing testimony, shall be open to the public ex- use of this provision will be to pay for Congressman ELIOT ENGEL and I have cept when the Committee or Subcommittee additional spending. Constituents don’t introduced H.R. 670. The goal of it is to determines by majority vote to close the meeting because disclosure of matters to be want additional taxes. They want us to reduce our oil consumption by 20 per- be more conservative in spending. considered would endanger national security, cent in 20 years. It has overwhelming would compromise sensitive law enforcement Listen up, America. Congress needs bipartisan support, both in the House to be sure that taxpayers do not face information, or would tend to defame, de- and the Senate. grade or incriminate any person or otherwise unnecessary tax increases. I appeal to Now, if you don’t buy that, there is would violate any law or rule of the House. my colleagues on both sides of the aisle another reason to focus on this, and it (f) Every motion made to the Committee to ensure that our constituents are has to do with your pocketbook. Just and entertained by the Chairman shall be re- able to keep more of their hard-earned think about the flexibility that we duced to writing upon demand of any Mem- money. ber, and a copy made available to each Mem- have out there in fuel choices, from ber present. f ethanol to biodiesel to battery oper- (g) For purposes of taking any action at a ated cars. GRANDMOTHER AND THE meeting of the full Committee or any Sub- Madam Speaker, we need to move in ATTORNEY GENERAL committee thereof, a quorum shall be con- this direction. I recommend H.R. 670 to stituted by the presence of not less than one- (Mr. POE asked and was given per- my colleagues and hope they will co- third of the Members of the Committee or mission to address the House for 1 sponsor it with me. subcommittee, except that a full majority of the Members of the Committee or Sub- minute.) f Mr. POE. Madam Speaker, the U.S. committee shall constitute a quorum for Attorney General, Alberto Gonzales, is SPECIAL ORDERS purposes of reporting a measure or rec- ommendation from the Committee or Sub- the chief law enforcement officer in The SPEAKER pro tempore (Ms. committee, closing a meeting to the public, this Nation. He is the most powerful WATSON). Under the Speaker’s an- or authorizing the issuance of a subpoena. prosecutor in America. As such, his nounced policy of January 18, 2007, and (h)(1) Subject to subparagraph (2), the credibility is based on his word. He under a previous order of the House, Chairman may postpone further proceedings

VerDate Aug 31 2005 02:59 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MR7.067 H26MRPT1 mstockstill on PROD1PC66 with HOUSE H3058 CONGRESSIONAL RECORD — HOUSE March 26, 2007 when a record vote is ordered on the ques- open to coverage by television, radio and tice of intention to file supplemental, addi- tion of approving any measure or matter or still photography except when the hearing or tional, or dissenting views as part of the re- adopting an amendment. The Chairman may meeting is closed pursuant to the Committee port. In no case shall the time in which to resume proceedings on a postponed request Rules of Procedure. file such views be less than three calendar at any time. RULE V. STANDING SUBCOMMITTEES days (excluding Saturdays, Sundays and (2) In exercising postponement authority legal holidays when the House is not in ses- (a) The full Committee shall have jurisdic- under subparagraph (1), the Chairman shall sion). tion over the following subject matters: anti- take all reasonable steps necessary to notify trust law, tort liability, including medical RULE VIII. COMMITTEE RECORDS Members on the resumption of proceedings malpractice and product liability, legal re- on any postponed record vote. The records of the Committee at the Na- (3) When proceedings resume on a post- form generally, and such other matters as tional Archives and Records Administration poned question, notwithstanding any inter- determined by the Chairman. shall be made available for public use ac- (b) There shall be five standing Sub- vening order for the previous question, an cording to the Rules of the House. The Chair- committees of the Committee on the Judici- underlying proposition shall remain subject man shall notify the Ranking Minority ary, with jurisdictions as follows: to further debate or amendment to the same Member of any decision to withhold a record (1) Subcommittee on Courts, the Internet, extent as when the question was postponed. otherwise available, and the matter shall be (i) Transcripts of markups shall be re- and Intellectual Property: copyright, patent presented to the Committee for a determina- corded and may be published in the same and trademark law, information technology, tion on the written request of any Member of manner as hearings before the Committee. administration of U.S. courts, Federal Rules the Committee. (j) Without further action of the Com- of Evidence, Civil and Appellate Procedure, RULE IX. OFFICIAL COMMITTEE WEBSITE judicial ethics, other appropriate matters as mittee, the Chairman is directed to offer a The Chairman shall maintain an official motion under clause 1 of rule XXII of the referred by the Chairman, and relevant over- sight. website on behalf of the Committee for the Rules of the House of Representatives when- purpose of furthering the Committee’s legis- ever the Chairman considers it appropriate. (2) Subcommittee on the Constitution, Civil Rights, and Civil Liberties: constitu- lative and oversight responsibilities, includ- RULE III. HEARINGS tional amendments, constitutional rights, ing communicating information about the (a) The Committee Chairman or any Sub- federal civil rights laws, ethics in govern- Committee’s activities to Committee Mem- committee chairman shall make public an- ment, other appropriate matters as referred bers and other Members of the House. The nouncement of the date, place, and subject by the Chairman, and relevant oversight. Ranking Member is authorized to maintain a matter of any hearing to be conducted by it (3) Subcommittee on Commercial and Ad- similar official website on behalf of the Com- on any measure or matter at least one week ministrative Law: bankruptcy and commer- mittee Minority for the same purpose, in- before the commencement of that hearing. If cial law, bankruptcy judgeships, administra- cluding communicating information about the Chairman of the Committee, or Sub- tive law, independent counsel, state taxation the activities of the Minority to Committee committee, with the concurrence of the affecting interstate commerce, interstate Members and other Members of the House. Ranking Minority Member, determines there compacts, other appropriate matters as re- f is good cause to begin the hearing sooner, or ferred by the Chairman, and relevant over- if the Committee or Subcommittee so deter- sight. THE NEED FOR FAIR TRADE mines by majority vote, a quorum being (4) Subcommittee on Crime, Terrorism, POLICIES present for the transaction of business, the and Homeland Security: Federal Criminal Chairman or Subcommittee chairman shall Code, drug enforcement, sentencing, parole The SPEAKER pro tempore. Under a make the announcement at the earliest pos- and pardons, terrorism, internal and home- previous order of the House, the gen- sible date. land security, Federal Rules of Criminal Pro- tleman from Maine (Mr. ALLEN) is rec- (b) Committee and Subcommittee hearings cedure, prisons, criminal law enforcement, ognized for 5 minutes. shall be open to the public except when the other appropriate matters as referred by the Mr. ALLEN. Madam Speaker, I rise Committee or Subcommittee determines by Chairman, and relevant oversight. today to express my opposition to majority vote to close the meeting because (5) Subcommittee on Immigration, Citizen- disclosure of matters to be considered would trade policies that are unfair to Amer- ship, Refugees, Border Security, and Inter- ican workers. endanger national security, would com- national Law: immigration and naturaliza- promise sensitive law enforcement infor- tion, border security, admission of refugees, Congress must insist on a new model mation, or would tend to defame, degrade or treaties, conventions and international for trade that makes American work- incriminate any person or otherwise would agreements, claims against the United ers the top priority. Trade agreements violate any law or rule of the House. States, federal charters of incorporation, pri- must also take into account protec- (c) For purposes of taking testimony and vate immigration and claims bills, non-bor- tions for the environment and ensure receiving evidence before the Committee or der enforcement, other appropriate matters access to life-saving medicines. any Subcommittee, a quorum shall be con- as referred by the Chairman, and relevant stituted by the presence of two Members. Developing trade agreements that oversight. take these priorities into account will (d) In the course of any hearing each Mem- (c) The Chairman of the Committee and ber shall be allowed five minutes for the in- Ranking Minority Member thereof shall be be difficult, but we must not rush into terrogation of a witness until such time as ex officio Members, but not voting Members, obligations which will ultimately harm each Member who so desires has had an op- of each Subcommittee to which such Chair- our own interests, and we must reject portunity to question the witness. man or Ranking Minority Member has not the false choice between expanding our (e) The transcripts of those hearings con- been assigned by resolution of the Com- trade opportunities and fairness to U.S. ducted by the Committee which are decided mittee. Ex officio Members shall not be workers. to be printed shall be published in verbatim counted as present for purposes of consti- form, with the material requested for the It is simply wrong to follow the old tuting a quorum at any hearing or meeting model that we know hurts the liveli- record inserted at that place requested, or at of such Subcommittee. the end of the record, as appropriate. Indi- hoods of so many of our constituents. viduals, including Members of Congress, RULE VI. POWERS AND DUTIES OF That is why Democrats are pushing for SUBCOMMITTEES whose comments are to be published as part new priorities in the trade deals that of a Committee document shall be given the Each Subcommittee is authorized to meet, the administration is negotiating with hold hearings, receive evidence, and report opportunity to verify the accuracy of the Colombia, Peru, Panama, South Korea transcription in advance of publication. Any to the full Committee on all matters referred requests by those Members, staff or wit- to it or under its jurisdiction. Subcommittee and other countries. nesses to correct any errors other than er- chairmen shall set dates for hearings and Congress must continue to press the rors in the transcription, or disputed errors meetings of their respective Subcommittees administration to change its trade in transcription, shall be appended to the after consultation with the Chairman and policies and provide specific, construc- record, and the appropriate place where the other Subcommittee chairmen with a view tive suggestions to advance the goals change is requested will be footnoted. Prior toward avoiding simultaneous scheduling of of our workers and our economy. to approval by the Chairman of hearings con- full Committee and Subcommittee meetings Unfortunately, the Bush administra- or hearings whenever possible. ducted jointly with another congressional tion doesn’t act as though it believes Committee, a memorandum of under- RULE VII. NON-LEGISLATIVE REPORTS that Congress should have a real say in standing shall be prepared which incor- No report of the Committee or Sub- porates an agreement for the publication of trade negotiations. One example, committee which does not accompany a though it is certainly not the only one, the verbatim transcript. measure or matter for consideration by the RULE IV. BROADCASTING House shall be published unless all Members is the matter of allowing access to life- Whenever a hearing or meeting conducted of the Committee or Subcommittee issuing saving medications. by the Committee or any Subcommittee is the report shall have been apprised of such Congress has passed legislation di- open to the public, those proceedings shall be report and given the opportunity to give no- recting the administration to respect

VerDate Aug 31 2005 02:59 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MR7.045 H26MRPT1 mstockstill on PROD1PC66 with HOUSE March 26, 2007 CONGRESSIONAL RECORD — HOUSE H3059 the Doha Declaration, an agreement the Justice Department, who never killed in the current violence. One in that allows countries flexibility under should have been terminated, was criti- six say someone in their own household WTO rules to provide for public health. cized for not doing more to try cases of has been harmed. Eighty-six percent Although the administration signed illegal immigration. Yet we have a worry about a loved one being hurt, the Doha Declaration, USTR has com- Federal prosecutor in western Texas, two-thirds worry deeply. Huge numbers pletely ignored Congress’ directive to Johnny Sutton, who, instead of pros- limit their daily activities to minimize respect it. ecuting an illegal alien, who was also a risk. Seven in 10 report multiple signs Every trade pact negotiated since known drug smuggler, decided to give of traumatic stress. The number of 2002 has contained stringent intellec- immunity to the illegal alien drug Iraqis who describe their lives as good tual property rules sought by the smuggler and prosecuted the two His- has dropped from 71 percent 3 years ago major drug companies. By keeping panic-American border agents who to under 40 percent today. medicine prices high, these rules in- tried to apprehend the smuggler. This is shameful, Madam Speaker. crease industry profits but restrict ac- Madam Speaker, this makes abso- Every day the evidence against Presi- cess to needed medicines for citizens in lutely no sense. Johnny Sutton also dent Bush’s so-called war plan mounts. developing countries. Even in current prosecuted another law enforcement It makes one wonder if there is even a free trade negotiations, USTR con- agent, Deputy Sheriff Gilmer Her- plan at all. How much of the Bush Iraq tinues to ignore the will of Congress to nandez. Hernandez was recently sen- policy has been forced on the Iraqi peo- respect the Doha Declaration. tenced to a year in jail for shooting the ple? How much real involvement have That is why a new framework for tires of a car transporting illegal aliens the Iraqi people had in deciding the fu- trade must include a stronger role for after the driver attempted to escape a ture of their own country. How are the Congress. The current model of non- routine traffic stop by aiming the vehi- Bush policies affecting Iraqi families? binding negotiating objectives permits cle at the deputy. Hernandez was I voted against the authorization to the President to ignore the wishes of charged with violating the civil rights go to war. And Madam Speaker, I say this Congress. of one of the passengers, an illegal to my colleagues, whether they voted It is no surprise that the administra- Mexican national, who was struck in ‘‘yes’’ or ‘‘no,’’ now is the time to make tion has favored large corporate inter- the lip by bullet or metal fragments. a change in direction. Let us empower ests at the expense of American work- Citizens across this country and the Iraqi people; let us restore their ers, the environment and global health. many of us in Congress want to know sovereignty. But it is wrong. However, our new ma- why does the U.S. Attorney’s Office in Last week, I had the opportunity to jority in Congress will respond to western Texas choose to go after law testify before the Foreign Affairs Com- workers who have been hurt by pre- enforcement officers while protecting mittee about my legislation, H.R. 508, vious trade agreements. After all, trade the illegal aliens who commit crimes? the Bring the Troops Home and Res- agreements have affected my home The President has the power to im- toration of Iraq Sovereignty bill. This State of Maine’s manufacturing, farm- mediately reverse this injustice by bill is a comprehensive proposal. It has ing and service sectors. granting a pardon to these two men, 49 cosponsors, and it will end the occu- Soon Congress may be asked to con- who were doing their jobs to protect pation of Iraq within 6 months of en- sider renewing fast track authority. I the American people. But, so far, the actment. It will accelerate the training voted against the Trade Act of 2002, President has refused to stand up for and equipping of Iraqi military and se- which granted fast track authority to justice in this case. curity forces, preparing the Iraqis to Madam Speaker, I hope the White the President. I urge my colleagues to take over their own security after U.S. House will agree with many of us in reject renewal of fast track in its cur- troops and contractors leave at the end Congress who believe Mr. Sutton’s ac- rent form. It is vital that Congress con- of the 6 months. It will fully fund the tions in prosecuting these agents raises tinue to press for change, firmly and health care commitment to our return- serious questions and need to be inves- constructively. ing veterans. It will make veterans tigated. f I thank House Judiciary Chairman health care an entitlement, something they deserve because, for heavens INJUSTICE AGAINST FORMER U.S. JOHN CONYERS and his staff for their in- sakes, they have done so much for us. BORDER PATROL AGENTS terest in this situation involving the two border agents, who should have Additionally, the legislation revokes RAMOS AND COMPEAN CON- the President’s Iraq war powers, it pre- TINUES been commended instead of indicted. I am hopeful that the House, under the vents establishment of permanent The SPEAKER pro tempore. Under a bases in Iraq, and it returns the oil leadership of JOHN CONYERS, will soon previous order of the House, the gen- rights to the Iraqi people. Actually, it tleman from North Carolina (Mr. hold hearings to look into this injus- tice. gives Iraq back to the Iraqis. JONES) is recognized for 5 minutes. Madam Speaker, our most solemn ob- Mr. JONES of North Carolina. f ligation is to the brave and capable Madam Speaker, today is the 69th day NEW POLLS REGARDING VIEWS OF men and women who have been placed since a great injustice took place in IRAQI PEOPLE in harm’s way. This legislation, as I this country. On January 17, 2007, two The SPEAKER pro tempore. Under a said, guarantees physical and mental U.S. Border Patrol agents entered Fed- previous order of the House, the gentle- health care for U.S. veterans of mili- eral prison to begin serving 11 and 12 woman from California (Ms. WOOLSEY) tary operations in Iraq and other con- year sentences, respectively. is recognized for 5 minutes. flicts. It is the least we can do. It is the Agents Compean and Ramos were Ms. WOOLSEY. Madam Speaker, on very least we can do to show the grati- convicted last spring for shooting a the fourth anniversary of the invasion tude of a grateful Nation. Mexican drug smuggler who brought of Iraq, several new polls looking at H.R. 508 will fulfill our commitment 743 pounds of marijuana across our bor- the opinions of the Iraqi people were to our Nation’s brave troops and to the der into Texas. These agents never released. It is important that we heed Iraqi people. The polls here and the should have been prosecuted. The U.S. this call and that we listen to their polls in Iraq are clear: it is time to Attorney’s Office prosecuted the agents choices, because it has been 4 years. bring our troops home. and granted immunity to the drug Some frightening stories were illumi- To those who are watching and won- smuggler, who claimed he was un- nated by the new polls. For example, dering about the future of our Iraq pol- armed. The illegal drug smuggler re- one in four Iraqi adults have had a fam- icy, I say I will not stop, I will not rest, ceived full medical care in El Paso, ily relative murdered in the last 3 and I will not back down in my fight Texas, was permitted to return to Mex- years, while 23 percent of those living until every single last soldier and ma- ico, and is suing the Border Patrol for in Baghdad have had a family relative rine is home safe with his or her fam- $5 million for violating his civil rights. kidnapped in the last 3 years. ily. Madam Speaker, he is not an Amer- The SPEAKER pro tempore. Under a ican citizen. He is a criminal. b 1930 previous order of the House, the gen- Madam Speaker, it is ironic that one More than half of Iraqis have a close tleman from North Carolina (Mr. of the Federal prosecutors dismissed by friend or relative who has been hurt or MCHENRY) is recognized for 5 minutes.

VerDate Aug 31 2005 02:59 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MR7.069 H26MRPT1 mstockstill on PROD1PC66 with HOUSE H3060 CONGRESSIONAL RECORD — HOUSE March 26, 2007 (Mr. MCHENRY addressed the House. His memory lives on through the won- States Capitol Preservation Commis- His remarks will appear hereafter in derful family that he left behind and sion. the Extensions of Remarks.) the dedicated soldiers he so ably led. f The SPEAKER pro tempore. Under a f FAILED TRADE POLICY previous order of the House, the gen- PRIVATE CLARENCE SPENCER tleman from Oregon (Mr. DEFAZIO) is The SPEAKER pro tempore. Under AND SERGEANT FIRST CLASS recognized for 5 minutes. the Speaker’s announced policy of Jan- ALLEN MOSTEIRO (Mr. DEFAZIO addressed the House. uary 18, 2007, the gentleman from The SPEAKER pro tempore. Under a His remarks will appear hereafter in Maine (Mr. MICHAUD) is recognized for previous order of the House, the gentle- the Extensions of Remarks.) 60 minutes as the designee of the ma- woman from Texas (Ms. GRANGER) is The SPEAKER pro tempore. Under a jority leader. recognized for 5 minutes. previous order of the House, the gen- Mr. MICHAUD. Thank you very much, Madam Speaker. Ms. GRANGER. Madam Speaker, I tleman from Texas (Mr. POE) is recog- I rise with my colleagues here this rise today to honor one of the bravest nized for 5 minutes. evening to talk about our failed trade and most dedicated young heroes of (Mr. POE addressed the House. His policy. north Texas and of our Nation. remarks will appear hereafter in the Army Private Clarence Spencer was As a former mill worker at Great Extensions of Remarks.) killed in Bilad, Iraq while fighting Northern Paper Company in East against enemy forces in one of the f Millinocket, Maine, I know firsthand most important conflicts our Nation The SPEAKER pro tempore. Under a how these trade deals have crippled our has ever engaged in. Clarence Spencer previous order of the House, the gentle- manufacturing base in the State of gallantly and selflessly gave his life for woman from New York (Mrs. MCCAR- Maine. his country while fighting alongside THY) is recognized for 5 minutes. When I ran for Congress, I told the his fellow soldiers of the 1st Cavalry (Mrs. MCCARTHY of New York ad- people of the State of Maine I would Division of Fort Hood, Texas. dressed the House. Her remarks will fight for them, for their jobs and for Private Spencer is survived by his appear hereafter in the Extensions of their families every single day. mother and son and his loving wife, Remarks.) Mainers know that these trade deals have left them behind. You can go al- Army Private Charlotte Spencer, who f most anywhere in my district and find has also devoted herself to our Nation’s The SPEAKER pro tempore. Under a an abandoned mill or a vacant factory. noble military profession. previous order of the House, the gen- Clarence Spencer served three tours They are painful reminders of what was tleman from Arizona (Mr. FRANKS) is in Iraq, two of which were as a marine. and is no longer to be. Their jobs have recognized for 5 minutes. Wounded in Iraq on a previous tour, he been outsourced to countries that pay (Mr. FRANKS of Arizona addressed demonstrated tremendous courage by slave wages. How can we compete when deploying into harm’s way once again. the House. His remarks will appear our own workforce has been left be- Private Clarence Spencer is gone, but hereafter in the Extensions of Re- hind? he will never be forgotten. His memory marks.) The election results proved that the lives in our hearts, and America is f American public is sick and tired of eternally grateful for his spirit and his The SPEAKER pro tempore. Under a their jobs being outsourced. They want dedication. previous order of the House, the gen- a Congress that fights for our workers As Clarence’s Dunbar High School tleman from Indiana (Mr. BURTON) is and businesses. They want this country football coach said about Clarence, ‘‘I recognized for 5 minutes. to move in a new direction. They want have coached faster, stronger and more (Mr. BURTON of Indiana addressed this Congress to move in a new direc- talented students, but I’ve never the House. His remarks will appear tion. coached anyone I was more proud of.’’ hereafter in the Extensions of Re- I will be the first to say that I am That is precisely the way that the Fort marks.) concerned when I am hearing from my fellow colleagues that we can’t cut side Worth community and our Nation feel f about soldiers such as Private Clarence deals on trade agreements. Some say Spencer, a true American hero. MESSAGE FROM THE SENATE maybe we can make a few concessions Madam Speaker, I also rise to honor A message from the Senate by Ms. on both sides and a deal is cut. The a second hero of the Fort Worth com- Curtis, one of its clerks, announced American workforce is sick of these munity and of our Nation. A graduate that the Senate has passed without trade deals, these side deals being cut. of Fort Worth’s Eastern Hills High amendment concurrent resolutions of They don’t want more trade adjust- School, Sergeant First Class Allan the House of the following titles: ment assistance; they want their jobs. Some say that the pending free trade Mosteiro was an 18-year veteran of the H. Con. Res. 44. Concurrent resolution hon- Army, who was assigned as a scout oring and praising the National Association agreements, that we should do a side leader in the 1st Cavalry Division based for the Advancement of Colored People on letter to appease labor, or maybe a at Fort Hood, Texas. He gallantly and the occasion of its 98th anniversary. couple tiny provisions that fix the en- selflessly gave his life for his country H. Con. Res. 66. Concurrent resolution per- vironment. My mom always told me, as a result of wounds he received dur- mitting the use of the Rotunda of the Cap- you can’t fix what’s broken. Our trade ing a fire fight against enemy forces in itol for a ceremony as part of the commemo- policies are broken. Taji, Iraq on February 13, 2007. ration of the days of remembrance of victims It is time to start from the ground Sergeant Mosteiro is survived by his of the Holocaust. up. It is time to renegotiate the Peru, loving wife, son, parents, one brother The message also announced that the Colombia and the Panama Free and three sisters. pursuant to Public Law 100–696, the Trade Agreements. With the TPA dead- The American people recognize their Chair, on behalf of the President pro lines quickly approaching, we cannot sacrifice and honor the Mosteiro fam- tempore, appoints the following Sen- rush something through. The American ily’s patriotism. As a career soldier and ators as members of the United States public deserves to have the new major- senior noncommissioned officer, Ser- Capitol Preservation commission: ity renegotiate these trade deals. geant Mosteiro’s leadership was instru- The Senator from Illinois (Mr. DUR- This election sent a strong message. mental in developing younger soldiers, BIN). It is to change course in what the Bush and he did not take his responsibility The Senator from Louisiana (Ms. administration has done with our lightly. A veteran of Operation Desert LANDRIEU). failed trade policies. There is no quick Storm and of the current war, Allan The message also announced that fix to this solution, not when these Mosteiro dedicated his life to securing pursuant to Public Law 100–696, the agreements are based on a flawed the freedoms that all Americans so Chair, on behalf of the Republican model. These agreements compromise rightfully cherish. Leader, announced the appointment of our port security, they privatize Social Sergeant First Class Allan Mosteiro the Senator from Colorado (Mr. AL- Security, they threaten our intellec- is gone, but he will never be forgotten. LARD) as a member of the United tual property rights, they undermine

VerDate Aug 31 2005 02:59 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MR7.072 H26MRPT1 mstockstill on PROD1PC66 with HOUSE March 26, 2007 CONGRESSIONAL RECORD — HOUSE H3061 States’ rights, and they infringe on ac- PHIL served as a union leader and as Another woman wanted to go cess to medicines. the president of Unite Here Local 617. through and wanted to get into I strongly agree with Chairman As district director for then-Congress- daycare and needed a 1-year program LEVIN that we need to address these man Lane Evans, PHIL HARE fought for at the community college. They only issues, and we need to do it now. Non- the working men and women in his dis- had a 2-year program; and they said, binding side letters are not good trict. PHIL is a leader among the fresh- well, maybe she should just try being a enough. man class on trade issues. cosmetologist instead. Regarding the Colombia Free Trade PHIL, I want to thank you for your When you take a look at the way we Agreement, there is no fix that can tremendous leadership on this very im- do this and the way we treat our work- make this agreement acceptable. It is portant issue that affects men and ers, I said today this is a moral issue highly offensive that the Bush adminis- women throughout the United States. I that I think we in this Congress have. tration even initiated negotiations yield to the good gentleman. I support trade. I will always support with a country infamous for having the trade. I know our country needs it. But b 1945 highest rate of trade unionists assas- I ask, at what price? And I want to sinated. More than 2,000 labor union ac- Mr. HARE. I thank the gentleman know why is it that this President feels tivists have been murdered in Colom- from Maine, and I also want to just he doesn’t have to basically come to bia since 1990. More than 2,000 labor commend you for your leadership on Congress for anything, as you know, unionists murdered since 1990, with 60 this whole issue of trade. but particularly when it comes to the assassinated in 2006 alone, one per When I first came to this body, I trade issue. He can outsource it, he can week. Until the Colombian Govern- campaigned on the sole issue of trade; fast track, and he can do whatever he ment changes this abominable situa- and they said there are a couple of peo- wants to do, and there is no congres- tion, the United States should not offer ple you need to look up right away. I sional accountability, no oversight. We any enhanced trade relations to Colom- needed to look up Representative are left with a package we can’t even bia. MARCY KAPTUR and MIKE MICHAUD for vote up or down half the time because And then let me touch on the biggest standing up for ordinary people. he has the secret back-door deals. issue of them all: fast track. Fast track With all due respect to the President, I, for one, as a freshman am tired. I delegates away Congress’ constitu- I don’t consider this fast track legisla- am tired of going back to my district tional authority. It undermines our tion; it is wrong track legislation. I am and seeing people like Dave Bevard and right to have a say in what goes on in a card-carrying capitalist, and I have his wife who, by the way, has cancer. these trade deals. We must replace this said this many, many times. But I He is going to lose his health care. outdated, failed trade negotiating sys- came out of an industry, the clothing And I ask a question very simply of tem. and textile industry. But, for the life of this administration and for those on Over 3 million American manufac- me, I don’t understand, this President the other side of the aisle and maybe turing jobs, one out of every six manu- just doesn’t seem to get it. We keep some within my own party who think facturing jobs, have been lost during losing good-paying jobs overseas, and that this is the way to go. I want you the fast track era. Before fast track, for the life of me we are one of the few to come to Gifford, and I want you to we had balanced trade. The United countries I know that actually sub- see what is left of that Maytag plant, States trade deficit has exploded as im- sidize our manufacturers for going and I want you to see the people whose ports surged. The worldwide gulf be- overseas, if you look at the east coast lives have been affected by this and the tween the rich and the poor has wid- and look what happened in your area lack of health care. ened since fast track. from Maine all the way down and you I could go on and on and on about Their prescription programs that look what happened in the Midwest fast track. Fast track has put us on the they had, now they have lost their pre- with Maytag. wrong track, and it is time to turn it scription drug program that they had, Today I sat and I listened to a person around. Any acceptable version of fast it equals for some of them their pre- from my district, Dave Bevard, who track must include the bare minimum scriptions per month, the pension that worked at the Maytag plant. He had 32 of some of the following: they receive. Now, they don’t even get It would restore Congress’ right to years in and his wife had 30, 62 years a pension, they have no health care, decide which countries it is in our na- between the both of them. Here, these and somebody is going to try to con- tional interest to negotiate new agree- workers gave up two wage concessions, vince me that this trade deal is going ments. It would set mandatory require- if you can believe that, to keep this to work and that this was in the best ments for what must and must not be plant open, $24 million from our State interest of our manufacturing base? in every agreement, including core of Illinois in tax breaks to this com- Now I can’t in good conscience do labor and environmental standards. It pany; and at the end of the day they that. I think we had some interesting would require Congress to vote on a ended up moving to Sonora, Mexico. hearings today, but, ultimately, we trade agreement content before it can The CEO of the company said, ‘‘I don’t have to be able to stand up. be signed, and it would not allow for care about the workers and the com- And I agree with the gentleman from secretive negotiations. A new negoti- munity. I am here to make a dollar for Maine. We had a directive I think this ating system must include more over- my shareholders.’’ It didn’t matter past election. I campaigned on this sight on how past agreements are actu- about the health care and the pensions. issue, as you know; and I campaigned ally working. It would reinstate our And Dave brought up today, you very strongly about it. I said, look, I system of checks and balances. know, we have trade readjustment support trade, I support fair trade. So I I am pleased that some of my col- funds and things of that nature, but, as am a fair trader, and I think that is leagues are here this evening to join the gentleman knows, by the time you what we should all be. And I think we me in this trade discussion, and I look get them you have to decide between have an obligation, as I said before, to forward to their remarks. I would like your unemployment compensation and ask this administration but also ask of to thank them for their leadership as whether you are going to be retrained. ourselves: Are we here to represent the well in this area. Then they tell you, well, you should go Dave Bevards of this country? Or are I now would like to introduce Con- into a field that is growing, maybe like we here to represent the CEO that took gressman PHIL HARE, a newly elected health care. So he said, of the 2,500 peo- the jobs to Sonora, Mexico? freshman from Illinois, to be the next ple that lost their jobs at that plant, And they are going to keep doing it. speaker. PHIL knows firsthand about 400 people tried the medical care, Every single day we read of another how these trade agreements affect our thinking they were going to get into small factory going. My clothing fac- manufacturing industries. Prior to medical care. Well, that worked great tory that I worked in was shut down, working for Congressman Lane Evans, for the schooling, but when it came to and now I hear that the remaining 350 PHIL’s first job was at the Seaford practical exercise to go in and be able people that were working there are Clothing Factory in Rock Island. Dur- to learn the trade and be able to do it, hanging by a thread. Translation: In ing the 13 years, he cut linen for men’s they only had room for 30 people. So, about a year, that plant is going to go suits there. 370 people are left out in the cold. simply because nobody wants to have

VerDate Aug 31 2005 04:47 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MR7.079 H26MRPT1 mstockstill on PROD1PC66 with HOUSE H3062 CONGRESSIONAL RECORD — HOUSE March 26, 2007 the initiative and the courage to stand to thank you and the freshman class our premier companies.’’ Our trade def- up for an industry that has been hit, or for your leadership in this area. You icit was beginning to really get bad dumping its steel. It goes on and on. have actually brought forward a whole back then, so I said, ‘‘So I would like I don’t want to use up the whole new fresh discussion about trade and to suggest that we give you these plugs hour, but if the gentleman would just what it has done to this country. So I for free for your manufacturers, and let let me conclude by saying this. I would really appreciate your leadership and them try them.’’ like to ask some of our folks on the look forward to continuing working And we learned a lot about the other side that call me a protectionist, with you as we move forward in this keiratsu system of Japan and what a and I looked in the dictionary, and I area. closed system indeed it is and that think that means you are trying to There is another Member I would like other companies couldn’t bid into that protect something, and I am, and I to recognize, not a member of the production and that these very tight know we are. We are trying to protect freshman class, but this Member has buying chains exist globally. Japan has a basic fundamental right for people to been a true advocate for fair trade. been eating our lunch in the auto- have a decent-paying job. Congresswoman KAPTUR has been a tre- motive market for a very long time You know, these aren’t CEOs. These mendous leader in this fair trade fight. now, but the Japanese market still re- are ordinary people who want to put MARCY came to Congress from a mains closed, with less than 3 percent their kids through school, have health working-class background. Her family of the cars on their streets from any- care. They want to be able to work, operated a small grocery where her where else in the world. They didn’t and work very hard, and be able to re- mother worked, after serving on the even take Yugos or bugs, VW bugs. So tire and not have to worry about it. original organizing committee of an that market is a closed market, and we I am not going to stop on this issue, auto trade union at Champion Spark and I again applaud the gentleman began to see how difficult it was to en- Plug. MARCY knows firsthand how gage in trade with nations who truly from Maine for courage that he has. these unfair trade deals have affected And I will promise you this, that I have were protectionists. industry throughout her congressional Congressman HARE talked about pro- said many times: I don’t know how district in Ohio and has been a key long I am going to be in this body, but tectionist countries. You can see pret- player in our trade working group in ty clearly which ones they are when as long as I am I am going to continue the House. to come to this floor, I am going to you look at what is on their shelves I really appreciate all the leadership and what is on their streets. continue to talk about those lost jobs and expertise that you have brought I am here tonight to say that I have and say we have to start thinking dif- forward on this issue, Congresswoman ferently than we have before. never supported fast track, because I KAPTUR. You have been a true leader, We have an obligation, and our obli- don’t believe Congress should ever let a and you have been a mentor to me ever gation is to stand up for ordinary peo- fast ball go through here that we don’t since I got elected to Congress. So ple. That is what I have always been grab ahold of. And the problem is you thank you, and I yield you such time as about. And I think the basic job of a can’t amend a trade agreement. So you may consume. Member of Congress, when you really even if you want to, as happened when Ms. KAPTUR. Congressman MICHAUD, get down to it, after all is said and we debated NAFTA, I can’t remember a thank you so much for bringing us to- done, is all of us are here to do the best more piercing debate in this Congress gether tonight and for your great con- we can to help ordinary people out, to other than votes on war. That NAFTA tributions to this debate. That is prob- make their lives better, not com- debate was the most significant eco- ably the major economic debate this plicated. nomic debate we had here in 1993; and Nation faces. It is a real pleasure to be So to my friends on the other side at the time that we debated that, it here with you this evening. I thank you that might think I am off base, I am was purposefully brought to the floor for yielding me some time. not going to support fast track. I will in a way that we could not amend. vote against it. I am not going to have And to Congressman PHIL HARE from Illinois, who has just hit the ground So let me just take one issue. We are any part of outsourcing one more job going to have discussions this year on from my district or from this country. running here and who I think is such a tremendous addition to our member- the issue of immigration. When that I am going to stand up for workers, bill came down here, there were many whether they are from Illinois or ship and to this great struggle for the cause of all people in our country, the of us who said we have to deal with the Maine or Ohio or Florida or wherever displacement that is going to happen in they are from, because we have a re- dignity of their work, the future for their families and the future of our Mexico in the farm sector, because sponsibility to do it. It is the right there is no transition provision in thing to do. communities. And to Congressman STEVE LYNCH of NAFTA and no currency exchange, And, again, I just can’t thank you that we knew that the Mexican farmers enough, Congressman, for taking the Massachusetts, who works so respect- were going to be thrown off of their lead on this. You and Representative ably as an ironworker. He looks like community oriented farming ejido sys- KAPTUR have been great inspirations to that man that they have on that iron tems. It has happened. No one wants to me as a freshman here and campaigned beam over New York City, that famous recognize it has happened, but over 2 on this issue of trade. poster. Whenever I look at him, I think And, by the way, I would just say to I see him. He is the one who is swing- million people were disgorged from people listening, it is okay to run on ing the golf club with the ball or some- their villages and towns, and they are things you believe in and lead with thing. wandering the continent, providing an your heart and on the right issues, and It is a pleasure to be here with these endless stream of labor that is dirt every now and then the good guys do gentlemen tonight, because they have cheap there and here. It is almost as if come out on top. So I thank the gen- all worked for a living, their families they didn’t want us to talk about it be- tleman for allowing me to participate have worked for a living, and we need cause that fast track bill came through this evening and look forward to any more people who bring this experience here. questions or discussion you might to the Congress of the United States. Now, the NAFTA model is being have. The plant that Congressman MICHAUD used, they want to expand it to Colom- Mr. MICHAUD. I thank you very discussed, Champion spark plugs, no bia, they want to put it to Peru. much, Congressman HARE. longer exists in Toledo. Back when I I wanted to say a word about Colom- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE was first elected, we tried so hard to bia this evening. I agree with Congress- The SPEAKER pro tempore (Ms. get the Japanese to buy the spark man MICHAUD. There is no nation in WATSON). All Members are reminded to plugs, the best plugs that were made in the world that allows the assassination address their comments to the Chair. the whole country, Champion spark of their labor leaders more than Colom- Mr. MICHAUD. I apologize, Madam plugs. bia. Why would we want to sign a free Speaker. I took them to Japan in 1985, and I trade agreement with a country that I would like to thank the gentleman said to Prime Minister Nakasone, isn’t free? Our cardinal rule ought to for his kind remarks. It is I who ought ‘‘Your companies aren’t buying from be: Free trade among free people.

VerDate Aug 31 2005 04:47 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MR7.081 H26MRPT1 mstockstill on PROD1PC66 with HOUSE March 26, 2007 CONGRESSIONAL RECORD — HOUSE H3063 When we look at what happened in ment of manufacturing and agricul- pensation. Yet although the Dubai Colombia recently, Chiquita brands, re- tural jobs out of Minnesota to be done Ports World operates Peru’s ports and member Chiquita Banana, which is under sweat-shop conditions in other thus would have the right to such a headquartered in my State of Ohio, has countries. claim, you included the ‘‘landslide port just pleaded guilty to funding ter- A 2003 report by the Minnesota Fair activities’’ in the Peru and Colombian rorism in Colombia. Several what are Trade Coalition reported that at least agreements. That has to come out. called unidentified high-ranking cor- a quarter and likely one-third of the Democrats believe in reducing pov- porate officers of a subsidiary of net 45,000 manufacturing jobs that Min- erty in the developing world. We be- Chiquita paid $1.7 million from 1997 nesota lost from 2001 to 2003 were di- lieve in providing farmers in the Ande- through 2004 to fund the United Self- rectly attributable to trade deals such an nations opportunities to earn a liv- Defense Forces of Colombia, a group as NAFTA. ing without resorting to illegal drugs that our country says is a terrorist or- Congressman ELLISON has been a that will end up on our streets here in ganization. And Chiquita also bribed leader among the freshman class, along the United States. But despite the other groups inside of Colombia. with Congressman HARE, in fighting for warnings from Peruvian and Colombian The company has now admitted to fairer trade deals. I yield to Congress- Governments and the record of NAFTA this wrongdoing and agreed to pay $25 man ELLISON. displacing 1.7 million compesinos, the million in fines. They said that the Mr. ELLISON. Thank you. I thank President has insisted on zeroing out money was paid to protect employees you for your leadership on this issue of corn, rice and bean tariffs in those from violent paramilitaries who fight fair trade. I think that the time is things. That has to come out. over the banana plantations. I wouldn’t right, the time is now to begin talking Democrats believe consumers have a wish working on a Colombian banana about fair trade. I want to commend all right to safe food. But the administra- plantation to any living human being. of the Members here tonight talking tion included provisions allowing food about this critical issue. imports that don’t meet our standards. b 2000 This election sent a strong message: That needs to come out. And yet we are about to sign a free no staying the course on Bush’s failed Democrats believe that when govern- trade agreement under fast track that trade policy. So now what do we hear, ments spend tax dollars, they must do we can’t amend and stand up for the that the Bush administration wants to so in the best interest of the taxpayers. dignity of people in Colombia. send to Congress NAFTA expansion But the administration included lan- We know that the Colombian worker agreements with Peru and Colombia. guage in these FTA procurement texts isn’t safe; yet the President evidently Consider the problems that Democrats that could expose Davis-Bacon pre- thinks it is okay to sign an agreement have endlessly raised in writing, in vailing wage laws, renewable energy where there is no transparent justice hearings, on the floor, think about standards and more to challenge. That system, where bribes and protections these problems and the administra- must come out. and murders are every-day occur- tion’s trade agreement model, how we It would only require striking a sen- rences. Where are our values as a coun- have continually demonstrated that tence here or a word there to remove try? Why has it taken us almost 20 the Bush trade model is killing Amer- the FTA terms that directly conflict years from 1985 to 1995 to 2005, now it is ican jobs and is an enemy of the middle with these core Democratic Party val- 2007, to bring this issue up? We had to class. ues and goals. have so many casualties in this coun- Then consider what the administra- And then there is what is missing, try. We tried 23 years ago so the hurt tion chose to put in the deals anyway. the enforceable labor and environ- would not be so bad. And the gentle- Democrats are for consumers’ right to mental standards in the core of the men that are here this evening, Mr. affordable medicine. The 2002 trade ne- text of the agreement equal to the LYNCH, Mr. MICHAUD, Mr. HARE, Mr. gotiation authority instructed the commercial provisions. ELLISON, they represent those who are Bush administration not to lard up and Regarding the Colombia FTA, there suffering in our country. There are peo- pack up these trade deals with new pro- is no fix to that and there is nothing ple suffering in other countries, too. tections for big pharmaceuticals that that can make this agreement accept- I want to say I associate myself with could cut poor consumers off from ac- able in my view. It is highly offensive the gentleman’s remarks this evening. cess to medications and cause endless that the Bush administration would ex- And what you said about those who deaths in poor countries. But the ad- ploit the enormous discretion fast have been murdered in Colombia, we ministration inserted this poison pill track provides even to initiate negotia- know 72 were murdered in 2006, and the into the FTAs. The TRIPS-plus re- tions with a country infamous and, un- gentleman talked about prior assas- quirement needs to come out. fortunately, famous for having the sinations of those who were trying to Democrats are against privatization highest rate of trade union assassina- form groups there so they could earn a of Social Security. We believe the el- tions. More than 2,000 labor activists decent wage. Almost none have been derly in whatever nation they are in have been murdered in Colombia since prosecuted. It is like their lives have should have safeguards for their secu- 1990. Sixty were assassinated in 2006 no meaning. So we need to set a higher rity as they age. Yet the Peru free alone; one per week. The Colombian standard. Maybe our Constitution real- trade agreement requires Peru to open Army is implicated in many of these ly should stand for something and we its social security system for privatiza- murders, but few have been prosecuted. should look for an agreement among tion. That has to come out. Until the Colombian Government the peoples of the Americas that uses Democrats believe that foreign busi- changes its situation, the United democracy and liberty as its funda- nesses operating on U.S. soil shouldn’t States should not offer any enhanced mental principles, not the diminishing have greater rights than U.S. busi- trade relations to Colombia. of workers, be they farmers or indus- nesses. And we believe that our envi- Mr. MICHAUD, thank you for your ex- trial workers. ronmental and health safeguards can- cellent work and leadership. The Amer- I oppose the Colombian free trade not be exposed to attack in inter- ican people deserve fair trade agree- agreement and stand up for human national tribunals. But the administra- ments. The American Congress must rights, the middle class, the rule of tion included the extreme foreign in- take back its constitutional authority law, and everything that this Nation vestor rights and investor state en- to make sure that any agreement that should be committed to. forcement of NAFTA’s Chapter 11. the United States engages in is an Mr. MICHAUD. Thank you, and I That needs to come out as well. agreement that is in the best interest look forward to working with you as Democrats believe in the right of of the American working people. we move forward. Congress and the President to protect Mr. MICHAUD. Madam Speaker, it is We also have been joined by Mr. this Nation’s security. We have made it my pleasure to introduce my co-found- ELLISON, who represents the Fifth Dis- clear that the trade pacts cannot sub- er of the Congressional Labor and trict in Minnesota with distinction. ject our decisions about who should op- Working Families Caucus, a member of Congressman ELLISON believes NAFTA erate U.S. ports to attacks in inter- the House Trade Working Group, Mr. and CAFTA have encouraged the move- national tribunals or demands for com- STEVE LYNCH.

VerDate Aug 31 2005 04:47 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MR7.082 H26MRPT1 mstockstill on PROD1PC66 with HOUSE H3064 CONGRESSIONAL RECORD — HOUSE March 26, 2007 During his career as an ironworker, ural disaster that they have nothing to offer any enhanced trade agreements Congressman LYNCH worked at a Gen- do with, when in reality when you look with Colombia. eral Motors plant in Framingham, at the policies this administration has We also must consider the national Massachusetts, the General Dynamics put forward, it is a deliberate cause security implications of these agree- shipyard in Quincy, Massachusetts, and and effect. The reason we are losing ments. Both Peru and Colombia harbor the United States Steel plant in Gary, jobs is because of the policies that we terrorist organizations with heavy in- Indiana, all of which were shut down have adopted. volvement in narcotrafficking. While due to foreign competition and unfa- Just like so many other so-called free both countries have established finan- vorable trade conditions. trade agreements, this Colombia and cial intelligence units for analyzing Mr. LYNCH’s firsthand experience in Peru trade agreement contain no and disseminating financial informa- seeing the effects of plant closures on meaningful language or effective labor tion connected with anti-terrorist fi- American workers and on local com- and environmental standards for work- nancing regimes, greater cooperation munities has led him to focus on ef- ers in those countries, nor does it pro- from the Peruvian and Colombian gov- forts to improve United States trade vide adequate protections to our own ernment is crucial in undermining the policy and help protect not only Amer- workers. funding mechanisms for these organi- ican workers but also American busi- Madam Speaker, these trade agree- zations. This crucial issue of national nesses which also feel strongly about ments are based on deeply flawed mod- security cannot be overlooked when we these trade deals and have been work- els of NAFTA and CAFTA. We contin- consider these trade agreements. ing very closely with the United States ually repeat the same mistakes and Madam Speaker, while sanctions and Business and Industry Council to make offer the same problematic language in serious remedies are granted to the sure that we have fair trade deals. I our trade agreements. Instead of en- commercial trade and investment pro- look forward to hearing Congressman forceable labor provisions, these free visions of these free trade agreements, LYNCH’s remarks. trade agreements merely suggest that the labor, environmental and inter- Mr. LYNCH. Thank you very much. I those nations that we deal with adopt national security standards are com- thank the gentleman for yielding. I and enforce their own labor laws. They pletely ineffectual. There is no quick fix that can make want to join the rest of the Members offer no assurance that existing labor trade agreements with these countries here tonight to say how proud we are of problems will be resolved, and they work for Colombian and Peruvian the fashion in which you have defended allow labor law to be weakened or American workers and led this cause workers. eliminated in the future with no possi- To truly strengthen the trade agree- for all Americans. bility of recourse for those workers. ments, Congress must also strengthen I rise tonight to address the House on From our experience, we understand its negotiating mechanism. Not only the matter of the pending trade agree- that attaching nonbinding side letters are free trade agreements flawed trade ments with Peru and Colombia and the is not enough; especially when you con- models, it is paired with a flawed blue- general trade promotion authority. sider, as my colleagues mentioned to- print for negotiation, and that is the There has been much talk over the night, the record of deplorable labor trade promotion authority. Congress past couple of weeks and all of us have conditions in the two countries under needs a new procedure for trade nego- heard it about the desire of our coun- consideration: Peru and Colombia. tiations because we are being held re- try to export democracy to the Middle They are among the worst examples of sponsible for the damage all over the East. I just have to say that I am a labor laws and protections and enforce- world. Under the TPA, Congress cedes firm believer that you do not export ments in the world. its ability to control the content of democracy through the Defense De- Peru, as my colleague from Maine these U.S. trade pacts. Yet we are partment, as has been suggested by has pointed out, the U.S. State Depart- stuck time and time again with the po- this administration. ment documented the failure of Peru’s litical liability for the damage that What we are talking about here in own labor laws to comply with U.S. these trade pacts cause. these trade agreements, this is how internationally recognized worker This damage falls mainly to the you export democracy. If you are going rights and ILO core labor standards. American middle class, but also the Pe- to do it at all, it is through trade Our own State Department included ruvian and Colombian agreements are agreements which give other workers violations of child labor laws with an replicating the same model of NAFTA in other countries a fair opportunity to estimated one-quarter of all Peruvian and CAFTA that have been disastrous have a decent standard of living, and it children between the ages of 6 and 17 for the U.S. economy. Since NAFTA, is really incumbent upon us through employed. over 1 million jobs have been lost na- the Commerce Department and these The State Department also indicated tionwide, with over 23,000 jobs lost in trade agreements to make sure that at Peru’s noncompliance with minimum my State of Massachusetts alone. This the same time we protect our own wage guidelines with roughly half of has reduced wage payments to U.S. workers, we also give a fair chance at the workforce, about 50 percent of the workers by $7.6 billion for just 2004. a decent living to those of our neigh- workforce in Peru, earning the min- The administration’s trade agreement bors internationally. imum wage or below. These conditions model is killing the American middle Just like the job loss that has been are a far cry from free trade. class, plain and simple. described by Mr. HARE, Ms. KAPTUR, Instead, American workers are being Not only has NAFTA been harmful Mr. ELLISON, and Mr. MICHAUD, as the asked to compete with underpaid, ex- for American workers in Mexico, it dis- gentleman from Maine indicated, I ploited and child labor workforces. One placed 1.7 million campesinos and worked at a General Motors plant in would think with such deplorable con- forced them towards overcrowded cities Framingham, Massachusetts, and I saw ditions in Peru, that the U.S. would in- and to enter the U.S. illegally. Yet the the impact in Massachusetts and in sert enforceable labor standards in the administration has evidently not Framingham of those 2,300 workers agreement. However, the labor protec- learned from NAFTA’s mistakes. In- getting laid off. tions are weak and nonbinding. stead, the administration insisted on The same thing happened at the Gen- The same goes for Colombia, a coun- zeroing out corn, rice and bean tariffs, eral Dynamics shipyard where I worked try that is infamous for having the even in the face of warnings from the in Quincy, Massachusetts, and I saw highest trade union assassinations in Peruvian and Colombian governments. the impact there, as well as the steel the world. Mr. MICHAUD pointed out Such measures will expand the NAFTA plants in the Midwest that I worked at that more than 2,000 labor activists disaster to Peru and Colombia. which have also been closed down. have been murdered in Colombia since In their current form, the Peru and What really gets me is as an iron- 1990. Colombian trade agreements will only worker hearing the talk in Wash- export more economic hardship rather ington, especially this administration, b 2015 than democracy for foreign workers. they talk about job loss like they talk Until the Colombian government So I urge my colleagues and I urge about the weather, like it is something takes action to change this volatile sit- everyone to reject the Peru and Colom- beyond their control, like it is a nat- uation, the United States should not bian trade agreements until the rights

VerDate Aug 31 2005 04:47 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MR7.084 H26MRPT1 mstockstill on PROD1PC66 with HOUSE March 26, 2007 CONGRESSIONAL RECORD — HOUSE H3065 of labor and the environmental issues My colleague, Representative KAP- most part you do not see this on the are contained in these agreements. TUR, and I have been talking about get- evening news. They should be rejected. ting a group of Members of Congress to So I am very anxious to travel and I believe in the potential of free go around to areas that have been hit tell the Maytag story and then maybe trade, like my colleagues Mr. HARE and and to interview those workers who tell the story of Brachs Candy and tell Ms. KAPTUR and Mr. MICHAUD, but have lost their jobs and to put it on the story of some our steel mills and to along with power, as the major world tape and to show that to people. I give these workers, first, appreciation power, we have a responsibility to use would appreciate the gentlewoman for the fine products that they have that power in a way that softens the might want to comment about that. built and it is not their fault and to say impact of globalization on our own But what we are talking about here, that we understand, but we know we American workers, as well as the work- Madam Speaker, is letting ordinary are outnumbered sometimes, but our ers from Peru and Colombia. people tell us what has happened to numbers are growing. Mr. MICHAUD. Madam Speaker, I them. These are people who are our Mr. HARE. They are. would like to thank the gentleman for veterans. They fought in the wars. Ms. KAPTUR. But our numbers are growing. his comments. We have talked a lot They have come back, and they are about the individual workers, but, also, We said when NAFTA passed it was working in the factory. They lose ev- the first battle in a long war, and we this really devastates the community. erything they have ever had, and some Three days after I got sworn in as a knew there were going to be casualties, of them with very little or no notice at and it literally broke our heart because Member of Congress, the company I all, and yet we are so quick to want to worked for filed bankruptcy. The Great we knew what was going to happen on find work outside of this country when this continent. Northern paid approximately 65 per- we have people going to bed in this cent of the tax base in the town of East But now we have the next wave that country hungry. Those jobs in Ohio and came in when Congressman MICHAUD Millinocket. That had a devastating ef- in Maine and in Illinois, they are gone. fect on what is going to happen to the arrived; and now, with 39 new Members I think we have to start doing some- in your class, Congressman HARE, to school system as far as being able to thing proactive. We have to stop this get the taxes owed because of the mill come here, and you cannot imagine hemorrhaging of jobs, and we have to what that means to the more senior going through bankruptcy. But also start thinking about how we are going other small businesses in the commu- Members. to keep the jobs that we have here and Our only sadness is all the casualties nity actually had to close down be- expanding them. that are out there and all the people cause they relied on the workers in the The late Senator Humphrey said that that have had to suffer. We had hoped mill to help keep the small businesses the American worker was the most to protect America from that. We had going and running. productive worker in the world, and hoped to protect those families, but we When you talk about getting re- that has never changed. So I appreciate did not have the votes. But now I think trained, my colleagues I worked with the gentleman for giving me a little bit we have the votes. at the mill, they were up in the age of of time. I thank you for allowing me to I know one thing, we have the Amer- 50 or 60 years old. Now they have got to speak this evening, but perhaps the ican people. Sometimes things get a go back to school. A lot of them never gentlewoman from Ohio might want to little convoluted once it comes into went to school beyond high school. this city, but we know the American Now they had to go back and try to comment. Ms. KAPTUR. I thank the gentleman people are with us. Let us make them further their education, which is very for yielding. famous. They are the ones that have difficult, and get trained. For what? lived this. Let us put it on our Web If you look at what happened in our Congressman HARE and I are think- sites. Let us tell their stories. If others State, we had mill after mill, paper ing about going to track the whole will not, let us do that. They surely de- machine after paper machine, shut Maytag saga, starting in his home community but then going over to serve that. They have lived it. down. It has been very, very difficult to Mr. MICHAUD. You are absolutely find jobs in these communities, and it Iowa and the whole buyout of Maytag by Wall Street and the shedding of right. The American people, they do is very disheartening to see grown men get it, and that is why they sent so and women for the first time in their jobs, thousands, thousands of jobs. Then, in my home State of Ohio, 2,000 many freshmen Members here in this lives that they actually had to go and Congress on the very issue that they ask for help for food. They had to raise more jobs hang in the balance at a place called Hoover Vacuum, which talked about in their campaigns, and funds to fund the food bank, and it is that issue is trade. very difficult. was part of this leveraged buyout. There was an article recently in the We are heading for disaster, a perfect I just hope that our colleagues on storm. We have the largest budgetary paper about the Maytags now being both sides of the aisle have seen the deficit in the United States history, made by Samsung in South Korea, failed trade policy that has come about with over 45 percent approximately is 250,000 of them being recalled in this starting with NAFTA, and I know it owned by foreigners. We have the larg- country because they are burning up. was a Democratic administration, but est trade deficit in our history, over probably conceptually sounded good. They are actually catching on fire be- $202 billion with China alone. It is over But now we have got a track record of cause water is dripping off the back I think approximately, what, 7 percent what NAFTA has brought us; and, onto the electrical panel. That never of our GDP? hopefully, we have learned our lesson happened with Maytag. The Maytag re- We are heading on a collision course. and will be able to move forward in the pairman really was in that little room, We must make sure that we have a manner that we do have fair trade and nobody bothered him. strong manufacturing base here in the deals. I think it is important for us as United States, and that is why I look I will open it up for any discussion Members to tell the story, whether it is forward to working with my colleagues that my colleagues might have. Maytag, whether it is Champion, Dixon here on the floor, look forward to Mr. HARE. Madam Speaker, one of Ticonderoga, companies that Congress- working with a good, diverse group of the things that I think we need to do man MICHAUD worked for, and whether the United States Business and Indus- here is we have to start bringing some it is Maytag. We need to help America try Council, labor, environmental commonsense back to all of this. I give full voice to what is happening. groups, my colleagues across the aisle, think sometimes we think in too broad It is interesting how little is on tele- Congressman WALTER JONES, DUNCAN of thoughts. For example, some of the vision, because some of the very same HUNTER, TIM RYAN on our side of the questions I would ask is, why can we advertisers that own the airwaves do aisle and BETTY SUTTON. not make a television in this country not want this story on there. So I am really excited. We see new anymore, why can we not make I understand Lou Dobbs is coming to life here in Congress as it relates to stereos, and why can we not have tex- Congress this week for a hearing that trade, and we have just got to keep tile mills in this country? We have Congressman SHERMAN is going to talking about trade so that our col- quality workers. They were trained. have. That is one of the few reporters leagues will start paying attention to They knew what they were doing. that even talks about this, but for the what is going on here.

VerDate Aug 31 2005 02:59 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MR7.086 H26MRPT1 mstockstill on PROD1PC66 with HOUSE H3066 CONGRESSIONAL RECORD — HOUSE March 26, 2007 Ms. KAPTUR. I think that if we look b 2030 posed by the Democrat majority has at those people that are trying to sell We don’t have to repeat the mistakes the largest tax increase in American off chunks of America piece by piece, I of the past, so I thank my dear col- history. Let me say that again: this am offended by that. I am truly of- leagues here this evening, Congressman budget you will see the Democrats pro- fended by it. MICHAUD and Congressman HARE and pose this week has the largest tax in- When I heard the announcement that Congressman LYNCH and Congressman crease in American history. It has no Hershey, one of America’s logo compa- ELLISON, for understanding what it is reform of any of the entitlements. nies, right, was going to move produc- going to take to turn this continent If we are going to save Medicare, we tion to Mexico, they are already mak- and our values to put the values for- are going to save Social Security for ing those big kisses there, I guess. I did ward that were the ideals. future generations, as we will explain not know that. When you think of all When I think about John Kennedy to you later, they are unsustainable. the dairy jobs in Pennsylvania, you and his Alliance For Progress, and you They have to be reformed. They have think of all of the factory jobs, you go down in Latin America and in every no reform whatsoever. think of all of the distribution jobs. I home there is a picture of John Ken- They do not save or preserve the So- mean, this is a massive American com- nedy because he cared for them. He cial Security surplus. You know, peo- pany. It was America. It was America. cared for them first. I thought how did ple pay Social Security taxes. When And so now we are going to let that go? we go so far? Why couldn’t we get a they do, they presume that money goes And then they dumbed down the recipe majority here? What was wrong with us to pay for Social Security. Makes so the chocolate is not as good? They back in the 1990s, that is, that we sense. That is why it’s called a Social put more wax in it or whatever. Come couldn’t put that together? I see a re- Security tax. But, no, every year, a portion of that on. birth of that spirit of idealism here Do not take the American people for money is used to pay various other pri- this evening, and I know that the con- fools. We understand what is going on, orities of the Federal Government. The tinent is waiting for us. and we know that we are being sold budget that the Democrats will propose I thank my dear colleagues for spon- out. America is being sold out from this year for the next 5 years will not soring this Special Order this evening under us, and the American people do change that one little bit. Yes, this and for helping us speak on behalf of not like it at all. They expect us to budget, Democrat budget later this the people who expect us to be here for stand up for them. week, is full of empty promises except them. So it is just a joy to have you here, one, to give you the largest tax in- Mr. MICHAUD. Thank you, and I to be a part of this effort, and to say crease in American history. that the Peru and Colombian free trade thank Congressman HARE once again Now, let’s bore into a few of these agreement that is supposed to come for coming to the floor this evening to things. Let’s look into a little bit of through here on fast track, again, it is talk about it. We have a lot to talk this in detail. In order to do that I have more just of NAFTA. It is more of the about. We have fast track, we have the a few charts here. I don’t want to have same. We should not approve it. trade deals we are talking about. We anyone have some flashback to Ross But what has surprised me the most, will be talking more about the value- Perot, I know he had charts, so I have as much as the American people have added tax as that comes forward in a charts too. I have charts to show you been hurt by NAFTA, if we go back, couple of weeks, and also the trade bal- what’s happening. what has shocked me, what I never ex- ancing act, which I will be resubmit- This first one shows there is a mis- pected or anticipated, was all the cas- ting again in this Congress to look at conception there, particularly on the ualties across the continent in terms of trade in a comprehensive manner. Democratic side of the aisle, in spite of job loss and people hurt. I never I look forward to working with my all the statistics, that somehow the thought I would see the people of Latin colleagues on both sides of the aisle. deficit that we are in today was caused America rise up in Mexico, in Brazil, in This is an American issue. This is an by the tax relief that was enacted back these massive demonstrations. That issue that is important to this country, in 2003, that somehow allowing people has literally humbled me as a citizen of important to our long-term stability. at home to keep more of their own the continent to think that the poorest f money to spend on their priorities, among us, many have been risking rather than Washington’s priorities, 2008 FISCAL YEAR BUDGET their lives, to say the pain on them is that somehow allowing people to do even greater than on us. Their wages The SPEAKER pro tempore. Under that caused the deficit that we have have been cut in half. They are losing the Speaker’s announced policy of Jan- today. It’s absolutely not true. their little stakeholds in Mexico, for uary 18, 2007, the gentleman from Cali- If you look at this chart, you will see example, and they are just being fornia (Mr. CAMPBELL) is recognized for that total Federal revenues declined thrown off their land, and yet they are 60 minutes as the designee of the mi- until 2003, when the tax relief was en- going to Mexico City and dem- nority leader. acted, and they have risen and are now onstrating by the millions. Mr. CAMPBELL of California. up somewhere around 46 percent. Since I never anticipated that that would Madam Speaker, tonight, and the next then, the Federal Government has 46 happen, and I think what is going to 60 minutes, we are going to talk a little percent more revenue, 46 percent more happen here, those folks in Wall Street bit about one of the major issues that money than it did in 2003. and other places thought they were will be on the floor here in the House of I would ask the average American going to be so smart. I think you are Representatives as people vote later taxpayer at home, do you have 46 per- going to see another generation come this week, and that will be the budget cent more money, more revenue, more behind us. They are going to create a of the United States Government for income than you had in 2003? If you charter for the people of the Americas the next fiscal year, the fiscal year don’t, you should understand, the that we should have created. Some of that begins later this year. It’s called Democrats believe that the 46 percent us wanted to, but we did not have the the 2008 fiscal year budget. increase for the Federal Government votes here, and I think that the back- There will be several budgets offered; wasn’t enough, and that whatever you lash on NAFTA and on these kinds of but if history is any guide, the one that got, it was too much. Because they free trade agreements that cause so is most likely to pass is the one that is want to take some of what you have much harm, I think Wall Street has being offered by the majority party, or and put it right here in Washington, only begun to see what is going to hap- the majority Democrats, in this case. right here in the midst of the Federal pen. That budget is a travesty. Tonight, Government. So I put my faith in the people, I put we are going to show you why, why So the tax relief did not cause the my faith in the institutions of good that is not the budget that should pass, deficit, actually caused an increase in governance, and I hope that, I do not why that is not the budget that should revenue. Spending caused the deficit, know how harshly God will judge those govern the United States taxpayers’ too much spending, something the who have done so much harm, but it money over the next year. This budget budget, the Democrats are proposing did not have to happen. that we will see later this week pro- the majority party does, is more. Their

VerDate Aug 31 2005 02:59 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MR7.088 H26MRPT1 mstockstill on PROD1PC66 with HOUSE March 26, 2007 CONGRESSIONAL RECORD — HOUSE H3067 proposal over the next 5 years is to I don’t think so. I think that would because of the increase in the marriage spend more and more and more, yet cause a tremendous impact on the av- penalty. We are penalizing people to be raise your taxes to do it. So they are erage American family, a tremendous married; 427,000 families with children taking the thing that is reducing the impact on their budget, and not a good would pay more taxes because the child deficit and getting rid of it, and taking one if it would have the reverse of all tax credit would expire; and 212,000 in- the problem that has created the def- these effects. It would start to drive vestors, including seniors, would pay icit spending and giving you more of it. unemployment up. It would start to more because of an increase on tax Let me show you a few more things drive job growth down. It would start rates on the capital gains and divi- why these tax reductions actually re- to the drive the economy down. We dends. sulted in more revenue. need to stop this budget that will ap- The gentleman from California was They stimulate the economy. When pear here on the floor this week. there last Wednesday into Thursday you have more money, what do you do Now, I would like to introduce the morning when we passed it, we voted with it? You save it, you invest it. You gentleman from South Carolina (Mr. against it, but the Democrats passed spend it, you create jobs, you do all BARRETT). Mr. BARRETT, before you their budget. It’s full of empty prom- kinds of good things with it. That is begin speaking, I would like to point ises, with the exception of two, more why after the tax relief was enacted in out to you, because I have these figures spending and higher taxes. That is a 2003, we created more jobs, lots more broken down by State, that the aver- done deal; it’s going to happen. The jobs, every single month, not a single age South Carolinian under the Demo- Democrat budget says it’s the largest month without more jobs created in crats’ tax proposal would pay $2,482.66 tax increase in American history. The this country since the tax relief was more tax per year. So you might tell Republican budget will say no tax in- enacted. me, Mr. BARRETT of South Carolina, creases. What else did the tax relief do? It how do you think the average taxpayer b 2045 also increased gross domestic product. in South Carolina is going to pay for That is basically the size of the total that? The Democrat budget will say, im- economy. If you look, after 2003, it’s Mr. BARRETT of South Carolina. My mense new spending. The Republican not so good, but after 2003, gross do- friend was exactly right. We are talk- will say, we will hold the line and we mestic product has increased dramati- ing about the largest tax increase in were going to increase accountability. cally every single quarter. So many our history, $292 billion. My friend Entitlements, on the Democratic charts, they are falling down. The from California was exactly right. side, it is a complete failure, $77 mil- chart fell down and so did the unem- When you talk about facts and figures, lion worth of entitlement savings, $77 ployment rate after the enactment of it’s one thing. But when you try to million when we are talking about lit- the tax decreases. Again, here they go. bring it home and let people under- erally hundreds of billions of dollars in Unemployment up close to 6.5 percent, stand exactly what it means to them entitlement spending that they are and where is it now? Down around 4.5 personally, it’s another thing. going to do. The Republican budget percent. Let me just give you some examples. says reforms, improvements in re- These things are not coincidences. Nationwide, if the Democrat budget forms, trying to make entitlement These good things that happened to the were to happen to pass, we are talking more sustainable and adding to the economy did not suddenly hit just about some nationwide impacts. Here longevity of it. So it is plain and sim- when the tax relief went into effect by we go, a family of four earning $40,000 ple. coincidence. No. The tax relief left bil- will face a tax increase of $2,052. That Again, the figure that the gentleman lions and billions of dollars in the is a family of four nationwide and 113 from California, Madam Speaker, American public’s hands and in the million taxpayers will see their taxes quoted a little bit earlier, when you American taxpayers’ hands so they go up by an average $2,200. Actually, bring it home in South Carolina terms could use it for their purposes and help $2,216, but what the heck, it’s govern- where everybody can understand it, the economy grow. That is what we ment work, let’s round it off a little where it hits their pocketbook, we are should be doing more of, not less of. talking per year average for 5 years if But the proposed Democratic budget bit. Over 5 million individuals and fam- the Democratic budget passes, $2,482.66 does a lot less of that. Let’s talk for a ilies who would have seen their income that my people in South Carolina will second about how much less. This pro- tax liabilities completely eliminated have to pay more. posed budget has the greatest increase will now have to pay taxes. And I ask the gentleman from Cali- in taxes in American history. So not only people that haven’t paid Now, I could tell average taxpayers, taxes in the past now, another 5 mil- fornia, I don’t think that is a pretty people at home, how much is that? Oh, lion individuals are going to have to good deal, do you? it’s $392.5 billion a year. What does hit the tax rolls; 45 million families Mr. CAMPBELL of California. I that mean? They don’t know what that with children will face an average tax thank the gentleman for yielding. means. But let me tell you and bring it increase of $2,864; 15 million elderly in- I don’t think it is a very good deal at home a little better. It means $3,035 for dividuals, elderly. Now, most of these all. What are they going to get for the average tax return in America per are on fixed incomes, will pay an aver- that? I think that is part of the ques- year, per year, folks. age tax increase of $2,934. And 27 mil- tion here. What exactly are they going As people sit at home and they watch lion small business owners will pay an to get for that? this, imagine the Democrats’ budget is average tax increase, listen to this one Are they going to get some of the saying to you, $3,000 per year, you have now, listen to this one, $4,712. Let me spending like we just saw passed in the to pay more here to Washington so read that one again, 27 million small bill last week, you know, maybe some they can spend it on more of their pri- business owners will pay an average things to help shrimp and peanuts and orities. tax increase of $4,712. Unbelievable. a few things like that? Is that the sort We often hear, gee, in Washington, Let’s bring it home. I am from South of stuff they are going to get? Are they the spenders like to say, the tax and Carolina, born and raised there. Let’s going to get a bunch of earmarks? spenders like to say, oh, we need to do put it in South Carolina terms. In What are they going to get? I don’t this, and we have to get the money. South Carolina the impact of repealing think they are going to get very much. Where are we going to find the money the Republican tax relief would be felt. I yield back to the gentleman from if we don’t raise taxes? Here is how. It’s higher than I thought: South Carolina. Do you see much that Well, I would say this, where is the 1,300,000 taxpayers statewide who are your South Carolinian constituents average American going to find that benefiting from the new lower 10 per- will get for their $2,500 a year? money? Do you think they just will cent bracket would see their taxes go Mr. BARRETT of South Carolina. I say, $3,000 a year, oh, that is no prob- up. thank the gentleman for yielding; and, lem. That is just about $250 a month. In South Carolina alone, 1.3 million no, I don’t. Again, broken promises. That is nothing. I have got lots of that. people added to the 10 percent bracket; One of the ways that the Democrats That is no problem, we are happy to do 447,000 married couples in the State of want to fund all this new spending is that. South Carolina would see higher taxes reserve funds. And you talk about a

VerDate Aug 31 2005 02:59 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MR7.089 H26MRPT1 mstockstill on PROD1PC66 with HOUSE H3068 CONGRESSIONAL RECORD — HOUSE March 26, 2007 shell game. We are talking about set- keep their money. They know how to New Jersey is proud to be number ting up reserve funds so we can spend spend it more than we do in Wash- one in a number of things. But, quite more money, but there is actually no ington, D.C., and I trust my people honestly, we do not like to be proud, money in the reserve funds because we more. we are not proud of the fact that we are are going to put the money in there Unfortunately, Madam Speaker, as number one when it comes to paying later on. my friend from California knows, this taxes in this country, whether you are Mr. CAMPBELL of California. Will budget trusts the government more talking about local taxes, sales taxes, the gentleman yield? than it trusts the American taxpayer. State income taxes, property taxes. I Can you explain that to me again? With that, I yield back. think we are just about number one in Wait a minute. A reserve fund? I Mr. CAMPBELL of California. Will all of those combined. mean, a reserve fund to me is some- the gentleman yield one more minute? Yet when you take that and you add thing where I put some money aside. Let me just ask you one more ques- what is happening here, this could be You are telling me that they are say- tion, and then we will go on. one of the most expensive weeks for ing they are setting up a reserve fund, The gentleman from South Carolina, the citizens of the State of New Jersey the Democrats are, with zero money it. so narrow it down. There will be a Re- if this House proceeds with what the I yield back to the gentleman. publican alternative to the Democratic Democrat leadership plans to do. Mr. BARRETT of South Carolina. Ex- budget here that everyone on this floor Now, I have the privilege of serving actly. And as the gentleman from Cali- will vote on this week. What are the with you, the gentleman from Cali- fornia knows, we had an empty jar, a major differences? I mean, could you fornia, on the Budget Committee. And big empty jar in our committee to il- lay out for me and for Madam Speaker as you know, we just debated, if you lustrate that view. and for anyone watching what are will, the Democrats’ budget proposal One of the ways that the Democrats those differences? just last week. Actually, we had a in their budget spend more money is And I yield. number of hearings over the last 3 they set up this empty reserve fund to Mr. BARRETT of South Carolina. I months now, during which time we be funded later, that the committees thank the gentleman for yielding. have had a number of experts come and I think it is very simple. Number and the agencies and organizations can testify on various aspects of the Fed- one, we will balance the budget with- draw money out to spend more money, eral budget and the ramifications of out raising taxes; and, number two, we but yet there is no money in the re- not doing some things in the area of will reform entitlements. Because, as serve fund to spend. So you talk about mandatory spending. you well know, over the next 5 years, a shell game. It is a shell game at its When you think about all the rhet- Madam Speaker, entitlement spending finest. oric that we have heard from the other will grow 19 percent. Now that is with- One of the things that I was proud of side of the aisle, and maybe it was dis- out me, without my friend from Cali- several weeks ago, I guess maybe it quieting at some times, I think the one fornia, without anybody in this House was 2 weeks ago, I was proud to be part thing that maybe we can reach across lifting a single finger. Entitlement of an RSC, the Republican Study Com- the aisle here and maybe hear one lan- spending will grow 19 percent. mittee, a press conference that we had guage, one word that we are on the So the budget we bring to the floor to talk about a Taxpayer Bill of same page on at least, in rhetoric at this week will be very simple. We will Rights. least, is they agree with us on this one slow the growth, not cut. We will slow And, Madam Speaker, what we are point and that is that we should get to the growth, because entitlement spend- talking about here is giving the tax- a balanced budget at some point. The ing will still continue to grow. We will payers across the country more ac- distinction, of course, is how they get slow the growth of entitlement spend- countability for their government. there and how we get there. ing, and we will balance the budget Now, anyone who tuned in to C– Four simple things, things that we without raising taxes. SPAN, if people did tune in C–SPAN have talked about and things that we And I yield back. and listen to those budget hearings would like to see come to fruition. Let Mr. CAMPBELL of California. Thank that we had, they may realize, or they me tell you what they are. you, Mr. BARRETT from South Carolina. watch the stuff on the floor, what have Taxpayers should have the right to a Now, Madam Speaker, so you don’t you, might realize just how complex Federal government that does not grow think that we are just trying to do the Federal budget is. With talk of re- beyond their ability to pay for it. I rhyming people here, we go from Mr. scissions and special orders and ear- don’t think we see that in this budget, BARRETT of South Carolina to Mr. GAR- marks and everything, it is a hugely Madam Speaker. RETT of New Jersey. But before I yield complex matter that we deal with; and Taxpayers should have the right to to Mr. GARRETT from New Jersey, you I appreciate your expertise that you receive back every dollar they entrust know, I am from California, and Cali- come to the House with to be able to to the government for their retire- fornia taxpayers, under the Democrats’ handle this. ment. It is incredible what we have proposal, would pay $3,331.09 more per But, in reality, if you just step back done and what we are continuing to do, taxpayer in California. for a minute, what we all do here on Madam Speaker, in this Democratic Now, I thought that was a lot. I the House floor and in Budget Com- budget. thought that was a lot. It is one of the mittee isn’t a heck of a lot different Number three, taxpayers have a right higher numbers on the page. But it is than what every single American fam- to expect the government to balance not as much as New Jersey. Taxpayers ily, my own included, and the residents the budget without having their taxes in New Jersey would pay $3,779.88 more of the State of California and New Jer- raised. As the gentleman from Cali- in taxes under the Democrats proposal sey have to do every single year, every fornia well knows, the Republican than they do now. And that is an aver- week, every month when it comes to budget that we will present later this age, again, per tax return filed per their own family budget, and that is to week will do that in 5 years. We will year. Almost $4,000. say they have to live within their balance the budget, save the Social Se- I am glancing here and I think, Mr. means. curity fund, and do it all without rais- GARRETT, there is only one other State Now, Washington doesn’t have a good ing taxes. The Democratic budget does that is going to pay, have more of an track record on this, but that is what not. It does not. Now they may say one increase and that is Connecticut than families have to do. When it comes to thing, but the figures show something New Jersey. So I am curious, Scott families, I guess families don’t really else. Garrett from New Jersey, what exactly have a choice to say whether we are And, last, taxpayers have a right to a do you think and what will people in going to have a balanced budget or not. simple and fair Tax Code that they un- New Jersey think and how will they Washington does. People know how derstand. Boy, that is a tough one deal with $4,000 a year more taxes? much money they are earning. there. But it is a game of trying to be I yield to the gentleman. Mr. CAMPBELL of California. Will responsible to the taxpayers, as my Mr. GARRETT of New Jersey. I ap- the gentleman yield? friend from California knows. It is a preciate the gentleman from California Mr. GARRETT of New Jersey. Abso- game of making sure that our people yielding. lutely.

VerDate Aug 31 2005 02:59 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MR7.091 H26MRPT1 mstockstill on PROD1PC66 with HOUSE March 26, 2007 CONGRESSIONAL RECORD — HOUSE H3069 Mr. CAMPBELL of California. I was So if you think you are rich at subsidizing that taxpayer. And we just going to say, one thing that you can do $70,000, which I guess the other side of shook our head at that because a tax here in Washington is print money. the aisle thinks New Jerseyans making cut is not a subsidy to the American The average family can’t. If the Demo- $70,000 are able to pay more in taxes, taxpayer. A tax cut is simply saying to crats were to pass this budget and give those taxes are going up by $1,500. I Mr. and Mrs. Taxpayer and family that them that $4,000 or $3,800 tax increase think that is a burden that that aver- you don’t have to send quite as much in New Jersey, your citizens in New age family should not have to bear in of your hard-earned money each week Jersey can’t print money like the Fed- light of the property tax. to Washington. You are able to keep eral Government to just run a deficit, The overall average is the number $3,800 of that money. And maybe you can they? that you brought out for the entire want to use that $3,800 in New Jersey I yield back to the gentleman. State of New Jersey, approximately to go on vacation to a beautiful State Mr. GARRETT of New Jersey. No, $3,000. You may have it in front of you. like the State of California. you are absolutely right on point. The I don’t have it here. Mr. CAMPBELL of California. Mr. average family has to sit down and say, Mr. CAMPBELL of California. Will Speaker, reclaiming my time, it is a this is what my income is going to be the gentleman yield? $3,779.98 for the matter of it is your money. When you for the week, the month or the year for entire State of New Jersey. earn it, when people earn the money, it the year ahead and say I am going to I yield back. is their money. It is not the govern- live within those means. At the same Mr. GARRETT of New Jersey. So ment’s money. It is their money and time, what they have to do is they around $3,800 or almost $4,000. And you the government takes some of it for have to set priorities. And I think that think about it. What could that $4,000 necessary operation to run govern- what the gentleman was also trying to be used for? If you are the family and ment. But it is not like it is all the elicit from the Democrats during this the husband and wife sitting down with government’s money and the govern- last budget hearing was to set prior- your family, well, I would like to use ment allows you to keep some. That is ities. What are your top-ranking prior- that $4,000 to go on vacation this year. not the way we look at it. ities? What must we spend on and I would like to be able to use it on I yield back to the gentleman where should we spend it? And if there some other niceties or what have you. Mr. GARRETT of New Jersey. I will are other things that you don’t want to Or maybe, if they can’t use it on that, just close on these thoughts: the dif- spend on now because you don’t have maybe they have health expenses. ference that we are seeing here be- the money, what are they? I have a daughter in college right tween what the Democrats will be pro- They would never agree to do that, if now. Maybe they have college ex- posing in their budget and the Repub- the gentleman recalls. That is why I penses, other things like that. I am lican alternative budget that should think they came up with this hollow, sure they could find a use for $4,000 to also come before the floor is in three empty trust fund which, in reality, spend. areas, I think. We are both aiming to- they could have said the trust fund is I will yield. wards the same goal, fortunately, of this big, since it is empty, or they Mr. CAMPBELL of California. I trying to reach a balanced budget by could have said it is this large. Because think this discussion we are having 2012, 5 years from now. But the Repub- if there is no money in it, there is no right now gets to the core of the dif- lican budget will reach that goal of 2012 limit to how large the empty promises ference between what Democrats in without raising taxes by almost $400 are. Washington, how they look at things billion, which is what your chart be- But the family budget can’t do that, and how we Republicans in Washington hind you shows. And that is critical. just like you said. look at things. They look at it from So, number one, we will not put a But the other thing that the Demo- the sense of, well, if we don’t raise burden of almost $4,000, $3,800, on the crats in Washington are able to do, be- these taxes, how is the government families in the State of New Jersey, sides print money, that the average going to spend more money on this or $1,500 if you are a family of four mak- family can’t do, you know what else spend more money on that, or how are ing $70,000. the family can’t do? They can’t raise they going to get to take that? Because Secondly, by not raising taxes we taxes. A family cannot simply go out that is what it amounts to. When you will not be undermining the pro-growth and say, I am short on cash this week, tax everybody else, you come here, the policies of this administration and of so I am going to raise taxes. That is 435 of us, plus the 100 people in the this government over the last 10 years. why I started off by saying, as you other body, get to spend the money on Those pro-growth policies, for New pointed out, that this is the most ex- the stuff they want to spend it on. Jerseyans at least, have created tre- pensive week for a family in the Fifth mendous employment, very low unem- 2100 Congressional District for the State of b ployment, so that that family that is New Jersey. And so how can we spend that money making that $70,000 a year or more or Let me just give you one other num- if we don’t do this? less in New Jersey at least knows that ber while I stand here. It was the New You and I, Mr. GARRETT, look at it the unemployment rate is almost at York Times, that paper did a study from the standpoint of families, of tax- historic lows at this point. So they just recently looking at what the payers, of people. What are they not know there is the opportunity for jobs, Democrats in the House and the Senate going to be able to do in New Jersey and because of that, there is great op- are proposing. They looked at it a lit- with that almost $350 a month? I mean, portunity to improve yourselves in ca- tle bit slightly differently but came up that is a nice car payment. That is sub- reers and what have you. And because with a little bit different number, but stantial child care. That is a chunk of of that pro-growth policy, we have seen still draws the point. a house payment. It is a lot of different the deficit shrink by 26 percent. They looked at an average family of things to a lot of people. And we look And, thirdly, and I think this is very four making $70,000 in the State of New at everything from the sense of the important to everyone at home, is that Jersey. Now, if you are from the State family, the taxpayer. They come first we are making sure on the Republican of New Jersey, I don’t think anyone and the government comes second. proposal that those dollars that we do from either side of the aisle would say That is not the way the Democrats in spend, because we are always going to that a family making $70,000 is rich by this town look at it, is it? have some spending by the Federal any means. It is expensive to live in I yield back to the gentleman. Government, that those dollars will our State. Mr. GARRETT of New Jersey. Mr. not be wasted, not waste, fraud, and But they said that family, who did Speaker, I appreciate the gentleman’s abuse, but will be spent on those things very well under the Republican tax de- yielding. I remember one of the com- that are critical to my State, to your creases in 2003 that we passed with the ments from the other side of the aisle State, to national security, to home- creation of jobs and the like, that fam- during budget process, I think you land security, and to our veterans as ily, under the Democrats’ budget that shook your head when they said this as well. may pass this House this week, would well, where they said, Well, if we do a So balance the budget without rais- see their taxes go up by $1,500. tax cut, the Federal Government is ing taxes, make sure we continue the

VerDate Aug 31 2005 02:59 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MR7.092 H26MRPT1 mstockstill on PROD1PC66 with HOUSE H3070 CONGRESSIONAL RECORD — HOUSE March 26, 2007 pro-growth tax policies that we have crat budget has proposed to put it way $3,331 per taxpayer in California just had in the past to create jobs, and back into full force and effect with a the beginning? Are we looking over a make sure that those dollars are wisely rate, I believe, of up to 55 percent. 10- or 15-year period of time at twice spent. They all come under the um- And then look at this chunk, the big- that? Three times that? Four times brella of one thing, and you said it: to gest chunk of all the marginal rates. that? The sort of thing it would take to realize that these dollars come from That means seniors with dividends and get anywhere near this spending level? the family budget. And our focus capital gains income and people at all Chairman Bernanke is the Chairman should be on the family budget and not other schedules in the different tax of the Federal Reserve. And the Fed- on the Washington budget all the time. brackets within the Tax Code. These eral Reserve, I think there is pretty Mr. CAMPBELL of California. Mr. tax increases affect everyone, not just general unanimity on both sides of the Speaker, I thank the gentleman from the supposed rich. aisle, as well as with the economists, New Jersey (Mr. GARRETT) so much for And let us look at what this would do that the Federal Reserve has done a his comments and his hard work on to certain tax rates: the 35 percent tax pretty good job of managing our econ- these efforts and on these proposals to rate would go to 39.6. A capital gains omy for some time, interest rates and recognize that it is your money first, tax rate of 15 would go to 20. The estate inflation; and they tend to know what taxpayers. It is your money first. It is tax would go from 0 to 55 percent. The could set this economy off course and not the government’s first that they child tax credit, from $1,000 to $500. what could keep it on course. And I let you keep some of. It is your money, And the very lowest tax bracket start- think they deserve a lot of credit for and you should keep all of it except for ing at taxable income, technically, of 0 keeping the economy on course, not the minimum amount necessary to would go from 10 to 15 percent. So, just over the last 3 or 4 years but over properly run the government. again, tax increases on everybody all Now let us talk about a few more the last 15 or 20 years. across the board. But Chairman Bernanke said just things on these taxes. Some of the We talked a lot about taxes tonight. rhetoric that people may hear from the earlier this year that ‘‘without early But as I said when we started this con- majority party here is that this tax re- and meaningful action to address enti- versation, the reason we have a deficit lief in 2003, 2001, this just gave tax cuts tlements, the U.S. economy could be is not because we lowered taxes. Low- to the rich. We hear that over and over: seriously weakened with future genera- ering taxes stimulated the economy, ‘‘tax cuts to the rich.’’ Well, as Mr. tions bearing much of the cost.’’ created more revenue for the Federal GARRETT pointed out, a $70,000-a-year What does he mean by that? When he Government. Mr. Speaker, the reason family of four in New Jersey is prob- talks about entitlements, he is talking we have a deficit is because we spend ably not rich, and they would be pay- about Social Security, Medicare, Med- too much. And here is a chart showing ing $1,500 or whatever the amount was icaid, things like that that the govern- how spending drives the long-term that you said. ment does. And he said if we don’t deal Let us look at some of this. Now, problems: with it early and meaningfully, if we these are numbers in billions of dollars, Here is our spending today, roughly don’t take early and meaningful action Mr. Speaker; so they can’t relate to per 20 percent of the economy; so already to deal with the growth in these retire- person. This is the total Democrat pro- the Federal Government is spending ments, that the economy is in trouble. posed tax increase. This orange slice about $1 out of $5 that exists in the Now, the Democrat budget that will stands for the people who save money economy. But if we leave things alone, be on this floor later this week, let’s because of the 10 percent income tax if we allow spending to go forward and see, it is a 5-year budget. What reform bracket. Now, the 10 percent income grow as it is in law now and if we just of entitlements does it include? Oh, tax bracket is the lowest tax bracket left all these things alone, it will go by yes. Zero. None. Not one change. Noth- that exists. It is at $15,000 of income for 2049, you see here, up to nearly double ing in the entitlements over the next 5 a married couple. So this amount of that, nearly 40 percent of the economy. years. Is that early reform? I don’t this tax is going to people with roughly So $4 out of every $10 in the economy think so. Is that meaningful reform? a taxable income of about $15,000. That would be government spending. Well, if zero is meaningful, then is rich? I don’t think so. Now, what this chart doesn’t show is maybe; but I don’t think it is meaning- Look at this slice right here, this red in countries where they have done this ful reform. slice. This is people who get the child sort of thing before. The private part of So let us look at what happens if we tax credit and the marriage penalty the economy contracts. It doesn’t have don’t reform. Again, here is revenue, credit, these benefits which the Demo- money for investment. It doesn’t have this black line. That is income coming crats have proposed to raise, to cut in money for growth. If government takes into the Federal Government, roughly half the child tax credit and to elimi- 3,331 more dollars out of each taxpayer the same tax rates that we have today. nate what was put in place sometime in California, as the Democrats have But look at what happens to spending. ago so that people don’t get a penalty, proposed to do to spend on some of this It goes from a little more than we are don’t pay more tax if two people both stuff, they don’t have that money to taking in right now to nearly double. earn income get married. Under the old save. They don’t have that money to Nearly double if we don’t reform. That law, a lot of them pay more tax. Now a invest. They don’t have that money to is why Chairman Bernanke said, Mr. lot fewer of them pay more tax. This buy things that help stimulate the Speaker, that we need early and mean- would get rid of that. Both of these economy. The government has it. The ingful reform or this economy is in phase out over a certain income level. government doesn’t save it. The gov- trouble, as he said, with future genera- So all of these are geared only for peo- ernment doesn’t invest it. The govern- tions bearing much of the cost. ple at lower income levels. ment just spends it. And as we know, in Mr. Speaker, we have a lot of discus- Let us look at this chunk. This is the a lot of cases not particularly wisely. sion about children around here and death tax, which can affect all kinds of So that is what happens if we leave what is good for children and how we people, whether it is the person who is spending alone. That is why we have a are going to help children. Let me tell deceased or whether it is one of the deficit. you something I know is not good for many beneficiaries of someone who is Even with the Democrats’ proposed children, and that is sending them this deceased. And we know how the death tax cuts, which is the orange line here, kind of price tag for us, for our Medi- tax has been destructive for family Mr. Speaker, you see it isn’t going to care, our Social Security, our Medicaid farms, family businesses, people want- work. The spending increases much over the next 15, 20 years, and asking ing to pass their home that maybe has faster than even after those tax in- them to pay double, at least, the tax been in the family for generations, creases. rates, the tax burden, that we pay be- maybe only for a short period of time, So I say to the people who have put cause we didn’t act. but they want their children to have it, together the majority budget, what do and they can’t because the death tax you plan to do here? Are we ever going b 2115 got in the way. to deal with this rapid exponential We know this is coming. This is not We are scheduled to have the death growth in spending? Or are you plan- a Republican chart. This is not a tax continue to decline. But the Demo- ning to raise these taxes further? Is the Democratic chart. This is prepared by

VerDate Aug 31 2005 02:59 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MR7.093 H26MRPT1 mstockstill on PROD1PC66 with HOUSE March 26, 2007 CONGRESSIONAL RECORD — HOUSE H3071 the Congressional Budget Office, the us Republicans introduced a few weeks In some cases, they are going to say Office of Management and Budget. Any ago, where we said if you pay money we are going to spend more money on number of nonpartisan government for your retirement it should only be this and spend more money on that and agencies agree. All the experts agree. spent on your retirement. It shouldn’t grow this program and grow that pro- On the Budget Committee that Mr. be spent on something else. gram; and, as Mr. BARRETT from South GARRETT and Mr. BARRETT and I sit on, This isn’t about destroying Medicare Carolina said earlier, they don’t actu- every single expert who came in said or wrecking Medicare, as you will prob- ally have the money in the budget to that this entitlement spending, this ably hear demagoguery on the other do it. They are just telling you, oh, planned growth in spending, is a dis- side. It is about saving it. It won’t con- yeah, we are going to do it. But we will aster, a budget disaster, that we can tinue this way. There isn’t enough find the money later. see. It is a train coming down the track money. We have to save it, and to save Well, you can be sure where they are right into our eyes. But we are not it we must reform it. going to get that money, probably the blinded. It is not like we can’t see it, You will see proposals, you will see place they get the other money, right Mr. Speaker. It is right here. We can reform, but not in the Democratic out of the American taxpayer. It is the see it. It is right here on this chart. We budget that we see today. And that is only place to go, unless you cut spend- know it is coming, and we know the what is so disappointing, Mr. Speaker. ing somewhere else, which we are very only way to deal with it is to reform We can’t ignore it. We shouldn’t ignore happy to talk about, very willing to do. these things. it. It is right there. It is right before That is always something you do in So where are they? Where are those us. budgets, you set those priorities. reforms? What will people do if that Our children will look back at this Yes, it is a budget filled with empty top tax rate rises? time in the future as to what we did promises, except one, the largest tax Let me pull out one of these other with their inheritance. And I don’t increase in American history. charts. Just think about it. Doubling mean about the death tax necessarily. Mr. Speaker, American taxpayers de- taxes. I realize it is quite a few years I mean the inheritance of optimism serve better, and I hope that we will off, but if we don’t deal with it now, we that is so much a part of the American defeat this budget later this week. will get there. What does that mean? I ethos, the optimism that the average f guess that means the 39 percent rate American can always do better, that would go almost 80 percent. That cap- anyone can lift themselves up, that ANNOUNCEMENT BY THE SPEAKER ital gains would have to go to 40. The they can move things forward. PRO TEMPORE estate tax, I guess you just take it all, Instead, this is saying, no, we have to The SPEAKER pro tempore (Mr. which has happened in some countries take more of your money. We have to ALTMIRE). All Members are reminded before. The child tax credit, you prob- move things backwards. You may not to address their comments to the ably get rid of it. And the lowest tax be able to have the same things that Chair. bracket would probably need to go up your parents had because we need more f to 20 or 25 percent. of your money for a failed and ineffi- 30–SOMETHING WORKING GROUP Those obviously aren’t exact figures cient system. or anything like that, Mr. Speaker, but That is not the America my parents The SPEAKER pro tempore. Under just to give a sense of what we are left me, it is not the America that I the Speaker’s announced policy of Jan- talking about here if we don’t do some- want to leave my children, but it is the uary 18, 2007, the gentleman from Con- thing, if we don’t change these proc- America that this Democratic budget necticut (Mr. MURPHY) is recognized for esses and change this. Because if you is heading us towards. 60 minutes. look at this chart again, the reason we Mr. Speaker, we do not need the larg- Mr. MURPHY of Connecticut. Mr. can see the train coming is, if we do est tax increase in American history. Speaker, it is good to see you in the nothing, absolutely nothing, to change We need to let people keep more of Chair this evening. Social Security, that is this one, Medi- their money, not less. Families will not This has been a pretty amazing first care and Medicaid is this one, interest struggle because government doesn’t 3 months for a new Member such as on the debt is that one. If we did noth- spend enough. Families will struggle myself, who just joined this Chamber ing to change existing law, it is not when government spends too much and after having watched it from afar for a like you have to do more, that we have takes too much of their money. number of years. As our majority lead- to take action to spend this money. Mr. Speaker, we need a solvent So- er said at an engagement earlier to- This is the money that will get spent if cial Security system, a solvent retire- night, this has really been one of the we do nothing, if we leave it alone ment system, not one that takes the most remarkably productive Con- under existing law. That is why we money that that is taken out of peo- gresses in as long as he can remember have to take action, and it is for the ple’s paycheck for their retirement and being here. That is important. That is kids. spends it on other things and not one important to me. Our kids can’t bear this burden. Peo- that is unsustainable, that won’t exist Mr. Speaker, we are going to be ple have said that if we allow this to 20 or 30 years from now. joined later tonight by Ms. WASSERMAN happen that my children will be the Mr. Speaker, we need a Medicare sys- SCHULTZ, who is just beginning her sec- first generation of Americans to have a tem, a healthcare system, where people ond term. I think she shares a lot of lower standing of living than their par- control their own healthcare, where the same frustration that the new ents. We have never had that happen in people control their own destiny, not Members do, that for all of the impor- this country, and we should never let it where the government is telling them tant policy changes that this Congress happen in this country. The only way what to do and telling them how to do has started, whether you want to talk it is going to happen is if we shirk our it and using one of the most inefficient about raising the minimum wage, responsibility today, because, gosh, it methods and high cost to do so. We starting to repeal some of these mas- is 15 years off, let’s deal with it later. have to reform that, or it won’t exist sive tax breaks we have given to the oil This isn’t about destroying Social in the future. industry, the very important action Security. This is about saving Social Yes, this Democratic budget is full of that we took on Friday that we will Security. Because you really can’t pay empty promises. You will hear about talk about in terms of Iraq and the new for this. There isn’t enough money in them over the next few days and direction that this Democratic Con- the economy. So we have to reform it. weeks. You will hear that they promise gress is beginning to set on what we do We have to change the way it works to to spend more money on this and spend in Iraq, maybe the most important save it. more money on that and spend more thing was that we started getting this That is why Republican budgets will money on the other thing, and in some place to work again and starting to say we should save the Social Security cases they are definitely planning to do give our constituents out there faith system. We shouldn’t spend it. That is that. What they are not telling you is that Congress is back to work for the why it is part of the American Tax- where they are getting it, and they are people of this country. Instead of sort payers’ Bill of Rights, which a group of getting it right out of your pocket. of waiting for the special interests and

VerDate Aug 31 2005 02:59 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MR7.095 H26MRPT1 mstockstill on PROD1PC66 with HOUSE H3072 CONGRESSIONAL RECORD — HOUSE March 26, 2007 the lobbyists to line up and come into plus, who ran on very fiscally conserv- on the other side of the aisle want to the offices of the prior leadership to ative principles, managed to turn that talk and use the term ‘‘biggest tax in- tell them what they wanted, now actu- into a record deficit in his first 6 years crease in the history of the Federal ally we have got the American people, in office. A Republican Congress, I am Government,’’ well, I’m still searching middle-class families, working class sure there were some Democrats that through that budget resolution, I’m families, their priorities are back in were at the trough as well, but a Re- still searching through what I am charge here again. That is what makes publican-led Congress that was going to vote on this week and I don’t me proud to be part of this group. complicit in racking up record see it. I don’t see it because it’s not This is the hour that the 30–Some- amounts of debt that we know are not there because we are actually going to thing Working Group gets to spend on owned in large part by domestic banks do the responsible thing. Because what the floor of the House. I am proud to be but are increasingly owned by foreign happened to create this Federal budget a member of that group, a new mem- banks, Asian banks and, in fact, it will deficit was not just these massive tax ber, proud that Speaker PELOSI has al- put us in a very difficult position with breaks that they gave away to the lowed us this opportunity. when we are sitting down at a table to folks way at the top, top, top of the in- We are going to cover I think a cou- negotiate foreign policy with a lot of come bracket, but they also spent ple of subjects tonight. We will cer- these foreign debt holders that have money in a way that would have your tainly talk about what happened here fairly decent leverage over us. eyes spin to the back of your head if on Friday. So we hear a lot about how we need you dug into some of the things they But I want to first just rewind for a to do something about this deficit. How were doing here. second, to rewind to what happened it is our children, our children are A Medicare prescription drug pro- when we first got here in January. Be- going to be crippled under the weight gram that deliberately ties the hands cause it is interesting. I watched C– of this deficit. They absolutely are. of the Federal Government, doesn’t SPAN occasionally when I got home They absolutely are. allow the Federal Government to nego- tiate lower prices with the drug indus- from the campaign trail, I got home b 2130 from the State capital where I served try, Mr. Speaker, making millions, We had 6 years with a Republican in Connecticut for a few years, so I hundreds of millions, in dollars in prof- President, 6 years with a Republican have some familiarity with some of the it for the drug industry at the expense House, a Republican Senate for much of American taxpayers. talk that goes on in this place. of that time. Could have fixed it during But now I get to sort of listen it to A defense policy which asks virtually that time; didn’t get the job done. with new ears, because now I listen to no questions of how we spend our Let’s take a look at this chart for money in Iraq. We find out that there a lot of the revisionist history that just one second. Let’s make this clear, was $9 billion sent over to Iraq on pal- gets thrown around this place late at when we borrow money, all of this debt lets, thrown out of SUVs in duffel bags, night, listen to our friends on the other that we have racked up over the past unaccounted for; disappeared in that side of the aisle, and they are friends. several years, it is owned by Japan, country. Stories of these pork barrel It is important to put up this chart, China, the United Kingdom, Caribbean projects that would make your head Mr. Speaker, to remind the American nations, Taiwan, OPEC nations, right spin, the ‘‘bridge to nowhere’’ in Alas- people that we actually can be friends down the line. That is who owns our ka, simply the tip of the iceberg when when it actually comes to putting on foreign debt. That is what places us in it comes to some of the frivolous the floor of the House of Representa- incredibly compromising positions spending that happens from this sup- tives up or down votes on issues that when we try to bring them to the table posedly fiscally conservative Congress. matter to regular, middle-class fami- to be a multilateral player in actions You could run through the examples lies out there. throughout this world. over and over and over again. Mr. We can talk about 68 Republican So here is why I am here: I am here Speaker, we just had a hearing in the votes along with the Democrats voting because people in northwestern Con- Government Oversight Committee that to implement the recommendations of necticut wanted us to finally challenge I sit on where we found out that the the 9/11 Commission. When we raised this President on his disastrous policy government does audits, each Depart- the minimum wage, set that bill on a in Iraq. I am here because they were ment does an audit every year to try to path forward in this House, we got 82 sick and tired of the programs that make sure that we are spending money Republican votes for that. Stem cell re- make communities strong, the health in a fiscally sound manner, just like search, passed 253–174, 37 Republicans. care programs, education programs, job any business would, that government Better prescription drug programs for training programs, we are getting should act like a business. Well, the our elderly, 24 Republicans. And on and slashed and burned and cut to the bone analogy isn’t particularly apt in a lot on and on. by this Congress, while they gave away of facets. But when you are talking When it matters, where you put up- more and more massive tax breaks to about at least having generally accept- or-down votes in front of this House for their friends in the upper .1 percent of ed accounting principles to make sure things that make lives better for reg- income earners in this Nation. that money comes in and goes out in ular people out there, you are going to But they are also upset because the an efficient manner, well, yes, we have Republicans and Democrats party that I think they thought was, should start acting like a business agreeing. So we are friends. We are you know, you see it in the polls, peo- does. friends when we put things before us ple for years and years and years The only agency in the Federal Gov- we can all agree on. thought that the Republicans were the ernment that can’t give a clean audit But there has been some revisionist ones that could manage their money year after year after year, the Depart- history. There has been some inter- and the Democrats they weren’t so sure ment of Defense. Nobody here is put- esting 20–20 hindsight happening on on. Well, they finally wised up after a ting pressure on them to account for this floor often. We heard just a little while to realize that this place wasn’t how they spend money, to make sure bit of it before. A lot the decrying so responsible even under Republican that the billions of dollars that we about the situation that our Federal rule; that in fact after budget after hand to the Department of Defense in budget has gotten into is pretty curi- budget that got put before here, that order to protect this country is being ous, seeing that the reason that I am President Bush put before this Con- spent in the means that make sure here in large part is because a whole gress was rubber-stamped over and that we are not saddling our children bunch of people out in northwestern over and over again and led to some of or grandchildren with the enormous Connecticut who voted for one person the most fiscally irresponsible policies amount of debt that we have racked up for 24 years decided that the budget that this Congress has ever seen, that in this Congress. priorities, along with the priorities on this Nation, in fact, has ever seen. I mean, you want to talk about our foreign policy, were gravely out of Largest Federal debt in the history of spending money wisely, our friends on whack. this country, growing by the day. the other side of the aisle have to look A $9 trillion deficit, Mr. Speaker. A Now, here is the good news: it’s themselves in the mirror, have to won- President that inherited a budget sur- changing. Now, as many times as folks der why this election happened. I know

VerDate Aug 31 2005 02:59 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MR7.097 H26MRPT1 mstockstill on PROD1PC66 with HOUSE March 26, 2007 CONGRESSIONAL RECORD — HOUSE H3073 that this war was a major factor in done, which is take this massive docu- marks, which, Mr. Speaker, you know people’s choice at the polls. I also know ment, throwing our deficit into an in- we will come together in conference to that were a lot of people in my district, creasingly upward spiral, throwing our talk about a little further and iron out and I have got the run of the economic families into turmoil. We are going to and be able to get a work product to spectrum in the Fifth Congressional finally take this very weighted docu- the President. District, from people living in places ment and hold it up to the light, not But as you know, today, March 26 of like New Britain and Waterbury that just rubber-stamp it. 2007, the number stands at 3,235 U.S. used to have good, solid middle-class It is going to be another good week servicemen and women that have died jobs who are still struggling to get here, Mr. Speaker. And with that, I in Iraq; some 13,415 of U.S. troops have back to that level of sustenance, to yield to Mr. MEEK. been injured and returned back to bat- folks that are doing pretty well with Mr. MEEK of Florida. Thank you so tle. You have to think about it, injured their lives that have made a buck in very much, Mr. MURPHY. It is an honor and then returned back to battle; 10,000 this economy. Those folks at the upper to be here on the floor with you. I look U.S. troops have been injured and have end of the economic spectrum are won- forward to having a discussion not only not been able to return back to battle. dering how this government is spend- with you, but also other Members of Hearing those numbers and hearing how they continue to move up, Mr. ing their money. the House about what is coming up this So this week we are going to put a week. I know that you alluded to last Speaker, even speaks further to the budget before this House. And Mr. week’s action that took place here on kind of oversight that this Congress must have in this conflict in Iraq, this MEEK, who has joined us and Ms. this floor. Democrats and Republicans civil war in Iraq, I must add, that we WASSERMAN SCHULTZ, who sits on the and the majority were able to pass an emergency supplemental war bill that are officiating. Appropriations Committee, can talk We know that the President had a would not only put benchmarks in to more intelligently than I can about press conference after we took our ac- make sure that the Iraqi Government this. We are going to finally put a tion here on the floor. I want to com- is doing all that they should do to budget before this House that is going mend the Members again who voted in make sure that they carry out their re- to start to reflect the priorities of the the affirmative to make sure that we American people; we are going to get sponsibility since the U.S. taxpayer were able to take action, the first time our financial ship in order. All the will be spending over $100 billion and the U.S. Congress has taken action things that folks over there talk about counting over in Iraq in this piece of with benchmarks, even against profit- are actually going to be reality in this legislation, this supplemental, but also eering with U.S. contractors that are budget. the $400-plus billion that have already the third largest, you may call it coali- We are going to make sure that we been spent. tion partner, or the second largest out- And also security for the troops, invest in the programs that make side of U.S. servicemen and women in America strong. We are going to make making sure that Department of De- Iraq. You would assume that there are sure that we end this disastrous policy fense regulations, Mr. Speaker, that other countries in the world, since this of unbalanced budgets. We can do it in have been put forth to protect our is such a world issue that the United the next 5 years. That budget says that troops, that they have what they need: States is involved in, you would as- we can and we will. And it is going to the up-armor that they need, the train- sume that there would be a number of continue at a pretty important prece- ing that they need, the equipment that countries before U.S. contractors, but dent that we have set in this Congress, they need, the personal equipment that U.S. contractors are the second largest which is to change course on some of they need. number of individuals that are there. the most disastrous policies of this ad- And also making sure that our Mr. Speaker, when I talk about these ministration, particularly the vote troops, as it relates to their rotation numbers and when we talked about the that we took on Friday on the war in into theater, that they actually get an action last week, the President, then Iraq, and I know that we will talk opportunity to have a Defense Depart- he sprung into action. He had a press about that, but also start to get our ment that has to do what they said conference talking about how the Con- fiscal ship in order, to put our money they would do, and making sure they gress is now holding dollars back from where our mouth is. have enough time to be with their fam- our men and women in theater and It is one thing for people to come up ilies, make sure they are able to main- asking us to please stop. Well, I am to this dais day after day after day and tain a job, those that are Reservists glad that I lived long enough over the talk about fiscal responsibility. It is and National Guard men and women weekend to come back here to the another thing to actually do it and put back home. And to also make sure that floor, Mr. Speaker, to not only share it into practice. their families have an opportunity to with the President, but those that may The budget that we are going to vote be a part of their father or their moth- think that by us standing up on behalf on will be, as I have learned, this place er’s lives, or their parents having an of veterans health care, by us making calls a pay-as-you-go budget. It is sim- opportunity to enjoy their son or sure that Walter Reed Hospital gets ply this, what every family lives with daughter. And I think that is so very, the necessary dollars they need to be every day. You want to spend some very important as family values, and it able to take on the influx of men and new money, show how you are going to is also standing by our word. women coming back from theater that pay for it. You want to cut some taxes, If we can’t stand by our word while are injured of the 10,772 that cannot show how you are going to account for they are enlisted or federalized to serve and will not go back to theater and the it. Pretty simple budget rule, Mr. in Iraq and Afghanistan, then how do 13,415, when that number continues to Speaker. But not to be too partisan they expect for us to stand next to increase, that when they get their care here, it took a Democratic Congress in them and behind them when they are in the field and then they move on to order to start playing by those very veterans and they are out in the world Germany and they get even further simple rules. of veterans health care? care, and some of them have to come So, Mr. Speaker, I want to want to I can tell you also, Mr. Speaker, that back here to Washington, D.C. to even hand it over to Mr. MEEK for some I am very pleased with the fact that we get physical therapy and all the things words, who normally gets to kick off did put something in the legislation that they need to get back to the the- this hour. But let me say that it has that will hopefully point towards rede- ater, if that is stopping the dollars been a proud first three months. Prob- ployment of our troops. This war will from getting to the troops, then I ably the proudest day I have had was continue and continue and continue if think that we need to go back to a on Friday, when we came together to left up to the President of the United civics lesson of what this is all about. stand up to the President’s policy in States. But before I start talking about We are putting dollars in what the Iraq. It is going to be another proud the action really that we took, passing Republican majority did not put in. week this week when we set the budget that legislation, seeing the voice vote Anything that the President asked for, policies of this country straight and we that took place in the Senate last the Republican majority rubber- finally stand up to the President and week, moving on legislation even with stamped it. As a matter of fact, the Re- don’t do what every other Congress has a closer time line and different bench- publican majority in the last Congress

VerDate Aug 31 2005 02:59 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MR7.098 H26MRPT1 mstockstill on PROD1PC66 with HOUSE H3074 CONGRESSIONAL RECORD — HOUSE March 26, 2007 was so loyal to the President of the says that if the Iraqi government does years that was passed by a Republican- United States that whatever he said, not meet the benchmarks set by who, controlled Congress. And the first whatever he wanted, they did it. And the President of the United States, time, Mr. MURPHY, that we had an op- guess what, Mr. Speaker? I am here to George W. Bush, then the redeploy- portunity to do anything, when I say report that that is one of the big rea- ment of troops will start. The clock the Democratic majority, the first ac- sons why we have a Democratic major- will start at that point for a redeploy- tion, and it was because of the inaction ity right now in the U.S. House of Rep- ment of a number of troops within 6 by the Republican Congress that did resentatives and in the Senate. Some months. not pass the appropriations bills on 30-odd seats were lost living under that What else took place? The President time, that we passed a continuing reso- philosophy. And all of the hours that said that it is important that we are lution to keep this government run- we spent on this floor, all of the hours not there forever. Well, still living ning, and what did we do? that we spent in committee saying under going in the old direction, the Well, we went into that bill and we that if you give us the opportunity to President wants the prerogative to be made sure some of the special interest lead, we will lead. Democrats, Repub- able to say, well, they are going to be tax breaks and all of the things that licans, Independents and some Ameri- there as long as they need to be there, the Republicans had in place, being cans who never voted before in their and there is not necessarily a plan, and loyal to individuals that had great in- life went out and voted last November. you haven’t given an opportunity for fluence in this House, and I am not Now, the President can have a press the plan to work of the new escalation talking about Members, I am talking conference, that’s fine, he is the Presi- of troops. about outside forces. We took $3.6 bil- dent of the United States. I can go out Well, guess what? We saw plan one, lion of the U.S. taxpayer dollars to in- and have a press conference. The bot- and the violence did not go down. We crease the VA health care program and tom line is let’s not have the people of sat here and watched plan two, and the to make sure that their budget was in the United States of America feel that violence did not subside. They weren’t place so that our veterans would have the U.S. House and the Senate are using Vice President CHENEY’s, the en- somewhere that they can get care and holding money back from the troops. emies are in the last throes of their in- their families. As a matter of fact, we have given surgency, later to find out that that is That was our action. The President more than what the President called not the truth. didn’t ask for that. As a matter of fact, So I guess we are just are supposed to for as it relates to armor. We’ve given the President didn’t even want it. But continue to go on and on and on. the troops more as it relates to troop we did it because it was the right thing So, Mr. MURPHY, I guess when we safety and force protection. We’ve to do, and that was prior to the Walter added three new brigades to the Ma- start looking at the benchmarks, that is the problem. Why doesn’t the Presi- Reed. rines. We’ve added 36,000 more soldiers I keep saying that because that is so dent say, that is my problem; I have a to the Army to make sure we are at very, very important. People think the readiness level. Under the Repub- problem with the fact that the U.S. Congress is saying they no longer want that politicians and some folks do lican majority of the 109th and the things just because somebody was 108th Congress, as this war started and to go with my original thoughts? There is nothing wrong with that. He is an looking or somebody said that you continued to escalate to the numbers should do it or you are under some po- of where it is now, our readiness levels, American. He can say it. But the bottom line is every last one litical pressure. That was a natural and when I speak of readiness levels, thing for the Democratic majority to Mr. Speaker, I speak of the fact that if of us sitting in these seats here in Con- gress and across the hall in the Senate, do, and we did it. we had to go into another conflict, we And for the President to stand and are not ready. our obligation is to the individuals that have sent us here. Our constitu- say, well, you know, there is things in b 2145 ents that have Federalized us here to there that should not be in there and There is not a National Guard unit make decisions on their behalf. things that I didn’t ask for. Well, guess right now that is ready to go to battle. We are not generals. Some of us what, we have to ask for it. I am even Now, what do we mean by readiness? served in the military, some of us did going to go down memory lane again. Making sure that they have the equip- not serve in the military, some of us January of 2003, the same adminis- ment, making sure that they have never wore a uniform in our lives, but tration, President Bush cuts veterans’ enough personnel to be able to rise to I can tell you this much. We have been health care for 164,000 veterans. the occasion, all the specialists that sent here to watch over the U.S. tax- March of 2003, Republican budget cut are needed, all the striker brigades payer dollars, have the well-being of $14 billion from veterans’ health care, that are needed. We have 100 of them, our U.S. troops that are allowing us to passed by the Congress, with 199 Demo- but we are not at the readiness level salute one flag, and to make sure that crats voting against it. That is House that we need to be, and we haven’t our number one obligation is to be Concurrent Resolution 95, vote number been at this low level that we are now loyal to the American people, and not 82. since the Vietnam war. I am not giving one person. March, 2004, Republican budget out any national secrets. Everyone So I speak very firmly and I stand shortchanged veterans health care by knows that this is the case. So if we very firmly on this point. Because I sat $1.5 billion. It was passed by the Con- know the obvious, why not take care of here the last 4 years in the minority gress, 201 Democrats voting against it. it? not having an opportunity to be a part That is House Concurrent Resolution We are doing more than what the of the decisionmaking, not even being 393, vote number 92. President has asked for. The President able to agenda a bill in committee or March, 2005, President Bush’s budget just has a problem. Do you know what subcommittee, not able to bring a bill shortchanged veterans’ health care by the problem is? It is the fact that the up here on the floor that the Repub- more than $2 billion for 2005 and cut Congress has said: Guess what, Mr. lican majority did not allow me to. I veterans’ health care by $14 billion President. I know you have been saying mean, under the rules, they didn’t over 5 years. That was passed with 201 a lot over the last 4 or 5 years of this allow me to. To now say, well, the Democrats voting against it. That is war, now within its fifth year, the third President says that we are holding up House Concurrent Resolution, vote escalation of troops that you have sent dollars, emergency dollars for the war number 88. over to Iraq; and we pass a nonbinding in Iraq? I think it is very important that we resolution in the majority and Repub- Let me just share a few other things, outline that. licans voted for that, too, saying that and then possibly we can go into an ex- Just like I said here earlier when I we disagree with that philosophy. The change. talked about the 2005 shortfall, after American people are far beyond the In the summer of 2005, there was a Democrats pressured the Bush adminis- President on this issue. So we are here shortfall as it relates to veterans’ tration and finally acknowledged that to represent the American people. health care, $2.7 billion. the 2006 shortfall for veterans’ health The second point, when you look at In March of 2006, the President’s care totaled $2.7 billion, Democrats this issue of the binding resolution, it budget cut funding by $6 billion over 5 fought all summer to make sure that

VerDate Aug 31 2005 02:59 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MR7.099 H26MRPT1 mstockstill on PROD1PC66 with HOUSE March 26, 2007 CONGRESSIONAL RECORD — HOUSE H3075 those dollars were placed back in the in harm’s way without the necessary that is very, very important, giving the right direction as it relates to vet- funding that they need. So if I, some- chief judge an opportunity to appoint a erans’ health care. one that has a different opinion than temporary U.S. District Attorney, for Also in March, 2006, President Bush’s the President and the old Republican that opportunity to take place because budget cut veterans’ funding by $6 bil- majority as it relates to this war in of what is happening now in the Jus- lion over 5 years, passed by the Repub- Iraq, we are all Americans first and, tice Department. And I think it is im- lican-controlled Congress and, like I guess what, life is not perfect and ev- portant. I saw Ms. WASSERMAN SCHULTZ said, at $3.6 billion. erything is not going to come the way earlier talking today about this very Mr. Speaker, we come to the floor you want it to come when you want it subject. and we mean business. We are not com- to come. But, on the Republican side, you ing here to have a press conference and There are other people in this democ- have some Republicans that are saying talk to some folks that may not quite racy that have something to say about it is just horrible of what is happening. understand exactly what is going on it, and I know there are Republicans in Because if what we think or believe day to day in Congress. That is why we America that feel the way the way that what happened, these political ap- are here. We are here to make sure the we feel. I know that there are Inde- pointees and then they got taken out American people know exactly what is pendents in America that feel the way because they were either going after going on here. we feel, and I know that there are someone that the administration did The reason why we speak very pas- Democrats and those that are looking not want them to go after or they sionately about, you may say, well, it to vote in coming elections to be a part weren’t going after certain individuals is Iraq, Iraq, Iraq, Iraq and, guess what, of this democracy. as it relates to political motivation. that other issue, Iraq. The reason we So I come very proud of the work And under what we may call regular speak very passionately about that is that has been done and the work that order in the 109th Congress or the 108th that we have seen so much on this floor will continue to be done here in this Congress or beyond, the kind of grip and so many words that Mr. MURPHY House. that this administration had over the talked about earlier, Members going on Mr. MURPHY of Connecticut. Mr. House and the Senate, the chokehold passing out inaccurate information MEEK, just as a transition to Ms. that they had over the House and Sen- every now and then, or the spirit of the WASSERMAN SCHULTZ, I would just say, ate, this would have never been an information, whichever way you want elections matter; and there is probably issue. It never would have been fol- to frame it, and to see the hard-core re- no better example of that in recent his- lowed up on. There never would have ality of these issues are still not ad- tory than the election in November. been a hearing. dressed. Things have just changed here. The air Guess what? Now, Mr. Speaker, there I had something here where all of the is different, the priorities are different, are hearings in both House and Senate, veteran groups, I must add here, Mr. the rate of action is different. and now the Attorney General is get- Speaker, ‘‘This much-needed funding And, Mr. MEEK, I get why we had to ting caught in his own words. One increase will allow the Department of have an election in order to change minute he had nothing to do with it, Veterans Affairs to better meet its course in Iraq. I understand that this is and he didn’t know what anyone was needs for the men and women return- a very difficult subject that has divided talking about. Now we understand that ing from Iraq and Afghanistan, as well people for a number of years. Over the he led a meeting even talking about as all veterans who have served in the past several years, people, large num- this issue. UR- past.’’ That is from the National Com- bers of people came to the conclusion So when you look at it, and Mr. M PHY and Ms. WASSERMAN SCHULTZ, 329 mander of Disabled American Vet- that we needed to change course from Members of the House. It goes to show erans. That press release was March 21, the President’s policy, that we needed you, with the right leadership in place, 2007. ‘‘The American Legion and its 2.8 to put a Congress here that is going to we have a Democratic majority, Repub- million members applaud the Budget start standing up to this guy and in- licans will vote, some Republicans will Committee for the budget resolution sisting that there are some other fights vote and move in the right direction. recommendation for $43.1 billion in dis- that matter in this world, and that we Only one Member of the Republican cretionary funding for veterans. Your need to invest back in Afghanistan, leadership voted for this commonsense recommendations are close with the that we need to make sure that our approach. There are still Members on views that are estimated, that was es- borders here are protected and that we the Republican side that are in the timated by the American Legion ear- needed to start redeploying our forces. leadership that are still holding on to lier this year.’’ That is by the legisla- So I get that we had to go to a na- what used to be. The election took tive director and the lead on the Amer- tional referendum in order to set a new place last November. You would think, course. That is an important issue that ican Legion. well, maybe the American people are I think it is very, very important has divided people. not with this. that Members understand that. Vet- Now, people have come down pretty So I am just saying that this issue is eran groups are 110 percent, 110 per- firmly in the past 12 or 18 months on continuing to evolve, and I bring these cent, Mr. Speaker, about what this the side of a new direction. That is why examples up so that the Members can Democratic-controlled Congress is Friday, to me, was maybe the most see that we have a lot of work to do. It doing; and we are just getting started. gratifying day in the short number is not about partisanship. This is about This is Monday. We are talking about that I have been here. But, Mr. MEEK, leadership, and we are providing the the things that we need to put in place I don’t get why we had to have an elec- leadership here. to make sure that our men and women tion to decide to support veterans. I know Ms. WASSERMAN SCHULTZ who need to have what they need to have Mr. MEEK of Florida. If I may, and serves on the Judiciary Committee can when they are in theater and when then I will yield and you can share all speak more eloquently on this issue. they are out of theater. the great information. And Ms. But this is one example amongst many. I challenge the President to think WASSERMAN SCHULTZ happens to be in You called out those bipartisan votes within his heart and within his mind between us today, so all we need is Mr. at the beginning of the hour. We have that he would turn a new leaf, and RYAN down here, and she will have a to continue to embrace bipartisanship making sure that when we send this real challenge. But I can tell you from because that is what the American peo- emergency supplemental to his desk, if past experience of serving with her for ple want. They don’t want us to be he vetoes it, it will be his action that 12 plus years now that she is very capa- Democrats and Republicans. They want will be delaying the dollars to go to our ble of rising to the occasion here. us to be Members of Congress watching men and women in harm’s way. Let me just point out, just today, Mr. out for the better good. I have said once before last week, Mr. MURPHY and Ms. WASSERMAN SCHULTZ, Speaker, I voted for two emergency we took a vote. We took a vote saying b 2200 supplementals, a lot that I did not that we would like for the appointed Ms. WASSERMAN SCHULTZ. Thank agree with, but the last thing I wanted U.S. District Attorneys to come and be you, Mr. MEEK and Mr. MURPHY, it is to do was to leave our men and women confirmed before Congress. Something great to be here again.

VerDate Aug 31 2005 04:47 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MR7.100 H26MRPT1 mstockstill on PROD1PC66 with HOUSE H3076 CONGRESSIONAL RECORD — HOUSE March 26, 2007 I had an opportunity to engage in they might not be completely truthful. provision in the law that we have some dialogue with the caucus chair- And I have sat them down time and passed is constitutional, he has exer- man on the Republican side, the gen- again, and said, listen, honey, if you cised his belief that he can ignore it or tleman from Florida (Mr. PUTNAM). I just tell me the truth right away, it is not implement it. That is what the ju- fully expected to be engaged in a point- going to be easier. I might be a little diciary is for. counterpoint discussion on the U.S. At- mad, but I am going to be more upset So between signing statements and torney General and the U.S. Attorney if I find out you lied on top of a lie. the abuse of power with the PATRIOT scandal, and that he would be defen- Young kids might not completely un- Act and National Security Letters and sive, as many of his colleagues have derstand this, but grownups like the essentially not being entirely straight- been. But knowing Mr. PUTNAM as we President and the Attorney General forward, for lack of a better term, I am do, he was very frustrated. He ex- can certainly understand the more you coming up with a lot of adjectives and pressed deep concern. He was beyond stretch the truth, because we have to synonyms for the ‘‘L’’ word here, there comprehension how the administration be careful about the words we use here, is an incredible effort being made that could have dealt with this problem in the harder it is to remember the last seems to require more energy than the the way that they did. one you told, the last version of the straight-up truth does. I was asked how I felt about it as a truth you told. That is why the oversight role is so member of the Judiciary Committee. Mr. MURPHY of Connecticut. Ms. important. If we are not here asking Quite honestly, under normal cir- WASSERMAN SCHULTZ, there is going to questions, then the administration will cumstances the President does have be a lot of stuff over the next couple run rough shod over the Constitution. the right to appoint and unappoint and months about Executive privilege and They have proven that. ask for the resignation of U.S. Attor- who said what, and there may be a lot Mr. RYAN of Ohio. The sense I am neys that serve at his pleasure. Had it of terms that may not seem like it getting from my district now is that been a matter of him just saying, yes, matters to regular people. this is all fine probably if everything is I asked for their resignation, we have The heart of the matter is the dif- going okay for everyone else. But the some other needs, we are moving in a ference between America and some fact that things aren’t going well, peo- different direction, whatever he said, Third World nations out there is we ple are struggling to pay for their just be straight with the American peo- have a system of blind justice which health care and college tuition. They ple. Just be straight with the Congress. holds people accountable for their ac- are living paycheck to paycheck, bank- If he had said, yes, I asked for their tions based on whether they were right ruptcies are up, foreclosures, and kids resignation, I can do that, I am the or wrong, whether they broke the law are getting killed because of an admin- President. Fine. or didn’t break the law; not whether istration that has been less than forth- But, instead, it is fabrication, it is they have some powerful friend sitting right with the facts. I think that is distortion, it is no, it was not him, it in the halls and corridors of power in what is stirring among the American was the guy behind the tree. It was his Washington, D.C. or their State legisla- people. mother. Just own up to what you did. ture. That is what separates this coun- That is what happened in the elec- Now, if the problem is what you did, try from a lot of other places in the tion in November; and I think quite you asked for their resignation because world where you can get hauled off to frankly the key to moving the kind of they were too good at their job and jail simply because you have fallen in agenda we want to move here is going they were pursuing public corruption disfavor with someone who is in a high to be organize and tap that energy that cases against Republicans, and we have political position. That is the essence is back home in a lot of our districts. colleagues that picked up the phone of the genius of this country, that we Unless we do that, we are going to and put some pressure on these U.S. have made sure that our legal system struggle. But I think we have the wind Attorneys whose resignation ulti- operates separate from our political at our back. We have the American mately was asked for, that is a horse of system. people at our back. They like what we a different color. There is going to be a lot of commo- are doing. There are good responses But this would have never exploded tion about Executive privilege. What it from the bill we passed on Friday. to the level it has if they had just said, comes down to is what may have hap- b 2210 yes, we did. What I pointed out in my pened is that this administration vio- conversion with Mr. PUTNAM, in past lated one of the basic principles of We have got to get out of Iraq, and years, and I was happy to see he was American democracy: don’t mix justice this President does not have the credi- frustrated and concerned and there is with politics. bility to I think withstand the kind of bipartisan concern about the action And you are very right, maybe people pressure that is coming from the Amer- that this administration has taken re- wouldn’t have found out about this if ican people. The American people want peatedly on the war in Iraq, on the U.S. we did have Democrats in the majority. out. They are tired of watching what is Attorney firings, and on the handling Ms. WASSERMAN SCHULTZ. We ab- happening. Five more soldiers got of the Valerie Plame issue, and the list solutely have to make sure that we killed, more kids maimed, more kids goes on and on. continue to exercise the system of injured, more kids at Walter Reed, Had there not been Democrats in checks and balances in our oversight more kids go into a VA system that is charge of the Congress, this would have role here. If we don’t, I am really fear- less than adequate, and the American been another thing that would have ful about what else. And we have al- people are looking for the kind of been swept aside. They would have ready seen the evidence of how far this changes that you have talked about, moved on or waited it out. They would administration will push and how ob- Congressman MEEK has talked about. have squeezed their eyes tight shut and sessed they are with the notion of a The bottom line I think is this, and hoped that this, too, would pass. unitary Executive and the concentra- whether you are talking about the war Mr. MURPHY of Connecticut. I know tion of power that they have tried to or anything else. For the war, it is that some of this administration are gather in the Executive, through sign- like, well, there is only two options supposedly not great students of his- ing statements which are notations, here. We either go down the road the tory; but if you read of recent Presi- whole paragraphs and pages and pages President has taken us down and keep dencies, you might find out if you tell of notations on legislation that we pass going or we have this alternative that the truth right off the bat, you get here. we presented to get us out in the next yourself in a lot less trouble than if We will say ‘‘X’’ must happen. And in year, hopefully earlier. An alternative you try to place the blame. a signing statement, the President will to not going with our proposition is to Ms. WASSERMAN SCHULTZ. I want actually write a note that says why he continue to give the President a blank to go back to my ‘‘mom’’ analogy that doesn’t have to do ‘‘X’’ even though check, continue to have kids get killed, I had last week. It is like how I deal Congress passed a law and he signed it. continue to not have a plan with abso- with my kids. I told them, as all little He has exercised more than any other lutely no explanation as to what we are kids, they get nervous when they have President combined the so-called right doing over there. No one even knows done something wrong. Sometimes to, essentially if he doesn’t think a anymore.

VerDate Aug 31 2005 02:59 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MR7.102 H26MRPT1 mstockstill on PROD1PC66 with HOUSE March 26, 2007 CONGRESSIONAL RECORD — HOUSE H3077 To go along with the President’s person, have told me when I have been ate in part. It did not exist until the budget means that as we look through there, they want to go back. They want bull sort of rushed into the China shop, our notes here and the research we did, to get better, and they want to go back but I think we all find it appalling, 1 million children who are currently to join their comrades, their buddies, some of us, this simplistic terminology covered under the SCHIP program will and help finish the job, but we have to that gets rolled out here that we can- get cut out of it. Our plan, invest $50 make sure that we have their back. not leave until victory has been billion to cover millions of children Mr. RYAN of Ohio. Is that not inter- achieved. Explain to me what victory who are currently uninsured. Which esting that the soldiers we talked to, is because if we have to stay there way do you want to go? I mean, this is Mr. Speaker, at Walter Reed, back until we have completely eliminated a not brain surgery. The President wants home, the kids that have gone, come civil/religious conflict, well, it was not to continue to give tax cuts to the top back, gone, come back, and they are raging for the decades before we got 1 percent. We want to cover kids with going back again, the reason you hear there and is one that has almost no his- health care, without raising taxes. about why these kids want to go back torical bounds. That is a difficult vic- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE and you think why would you want to tory to ask our brave men and women The SPEAKER pro tempore (Mr. go back, they want to go back because to achieve, to try to somehow reme- ALTMIRE). All Members are reminded their buddies are still there. They feel diate a dispute between Shia and Sunni to refrain from engaging in personal- like if they go back that they will be that cannot be resolved through the ities toward the President. able to save their lives. military actions of our men and Mr. RYAN of Ohio. Mr. Speaker, I The last couple of funerals I have women. thank the Speaker, but this Congress been to with kids who were stop-loss Victory is much broader than that. wants to add up to $50 billion to cover and were supposed to come home but Victory is about going after the fight $50 million of new children on the ended up staying longer than they that really mattered in the first place State Children’s Health Insurance Pro- probably should have and ended up not which is in Afghanistan, Mr. Speaker. gram. We want to get the Pell grant up making it back, the reason they want- Victory is about making sure that we to at least $4,600 and we reject the ed to go back in the first place was to secure our borders here at home; that President’s proposals for cuts. protect their friends, and that is the every container that comes into Amer- Now, imagine the leadership in the heroism, that is the valor, that is the ican ports gets checked; that every air- United States of America in 2007, Mr. nobility of the cause. That is why these port has the proper screening tech- Speaker, 2007 where he is going to say kids go back. nology to make sure that the ports of we want to not fund Pell Grants, we To talk about that the debate last entry who brought in the terrorists want to not fund children’s health in- week, and many of us did not get an who harmed this country have all the surance and we want to continue to opportunity to speak for a variety of technology they need to make sure spend $2 billion a week in Iraq. different reasons, but to hear, Mr. Ms. WASSERMAN SCHULTZ. I Speaker, some people say that if we that it never happens again. thank the gentleman. On Friday, what bring these kids home, somehow that is b 2220 we said was no more blank checks, no going to make us less safe here in the That’s victory in the end. So it’s more war without a strategy and a plan United States, is an appalling argu- frustrating as a new Member to come to get our men and women in uniform ment, that this administration and down here and to listen to this new ter- home, no more sending troops over into this Republican Congress would rubber minology get thrown out there that combat, into harm’s way without the stamp this war to go over there, and doesn’t have any basis in reality. That armor they need, without the prepara- that National Intelligence Estimate is part of what we did on Friday as tion they need, without the rest they has told us that this war has created well, to start to broaden that defini- need. All of those items were in that more terrorists, not less. It has created tion of what victory means and try to Iraq War supplemental. terrorists, Mr. Speaker, and then now challenge the people to rise to that. The alternative, what the President that we have thousands and thousands Mr. RYAN of Ohio. On behalf of the preferred, was just give me the money, and thousands of more people gunning American people, I think they are try- just give me the money; do not ask me for us here, these folks have the audac- ing to see what we are trying to do. We any questions. He was opposed to his ity to tell us, Mr. Speaker, that some- are trying to end this war, stop the own benchmarks. The benchmarks that how us bringing our kids home is going killing of our own kids, stop the maim- he laid out on January 10 were in the to make us less safe. ing of our own soldiers, get them out of bill, the ones that he said the Iraqi peo- Now, that, to me, is appalling and to a civil war, try to calm down what’s ple have to meet, that the Iraqi leader- continue that kind of disjointed logic happening, stop the $8-plus billion a ship has to meet, and we added some is unacceptable to me because we have month that we are spending over there, that said, you know what, you have to kids in our districts who are not back and try to take some of that money make sure that you think about pro- home. They are either in Iraq, and and invest that into our own students, tecting the men and women we are many of them have gotten killed under sending over there. the guise of the war, and to tell us that our own kids. I was, just before I got here, having Mr. RYAN of Ohio. We said that you by bringing our kids home and getting said these are the benchmarks, and them out of a civil war is going to dinner with an old friend of mine, who guess what, we are going to hold you make us less safe does not make any is a Republican. He said, we have spent accountable for what you have said, be- sense because all of the intelligence in $400 billion, soon to be $500-and-some- cause up to this point, you have been the whole world is saying this war in billion dollars on this war. Can you saying whatever you want and there Iraq has completed the final piece of just imagine, we could have covered all has not been the kind of force of law the fanaticism of the Middle East. of our citizens for health care, we could which we passed out of here on Friday. We have given anyone who kind of have paid for everyone’s college edu- Ms. WASSERMAN SCHULTZ. Words wanted to join but did not really want cation, and, you know, gotten some are nice, but when you go, like each of to, they are now joining. They are now stuff done in this country. us have, to Walter Reed Army Medical a part of everything. They are now a Instead, we have $500 billion, we have Center and you look those troops in part of the terrorist groups. They are well over 3,000 kids have gotten killed, the eye and you have a chance to spend now a part of the terrorist organiza- adults and soldiers, some 25,000 maimed some time with them, the words ring tions. They now hate the United States or injured and God knows how many really hollow unless you know you can more than they ever have, and so I find innocent Iraqi civilians, many of them back those words up with some action, the whole operation appalling. children. with some commitment, with some be- Mr. MURPHY of Connecticut. What Ms. WASSERMAN SCHULTZ. As we lief in the mission and understand how we have gotten ourselves into, this is a conclude, the President is so stubborn devoted these men and women are to religious war. and so ‘‘my way or the highway,’’ that getting the job done. Mr. RYAN of Ohio. Civil war. his own definition of victory, the I mean, listen to some of the folks Mr. MURPHY of Connecticut. This is benchmarks that we have put in this that are in that hospital, they all, to a a religious war that we helped to cre- bill, he is threatening to veto. That is

VerDate Aug 31 2005 03:31 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MR7.103 H26MRPT1 mstockstill on PROD1PC66 with HOUSE H3078 CONGRESSIONAL RECORD — HOUSE March 26, 2007 what is mind-boggling, even when we Mr. ALLEN, for 5 minutes, today. received February 27, 2007, pursuant to 5 insert his milestones. Still, that is not (The following Members (at the re- U.S.C. 801(a)(1)(A); to the Committee on En- acceptable. quest of Mr. JONES of North Carolina) ergy and Commerce. If the gentleman would like to talk to revise and extend their remarks and 965. A letter from the Office of Managing Director, AMD-PERM, Federal Communica- about our Web site. include extraneous material:) tions Commission, transmitting the Com- Mr. RYAN of Ohio. Our e-mail is Mr. POE, for 5 minutes, today and mission’s final rule — Petition of Mid-Rivers [email protected] if March 27, 28, and 29. Telephone Cooperative, Inc. for Order De- any Members would like to e-mail us or Mr. GARRETT of New Jersey, for 5 claring It to be an Incumbent Local Ex- visit us at www.speaker.gov/ minutes, March 27. change Carrier in Terry, Montana Pursuant 30something, e-mail us, Ms. GRANGER, for 5 minutes, today. to Section 251(h)(2) [WC Docket No. 02-78] re- [email protected]. Mr. FRANKS of Arizona, for 5 minutes, ceived February 27, 2007, pursuant to 5 U.S.C. Mr. MURPHY of Connecticut. The today. 801(a)(1)(A); to the Committee on Energy and Commerce. Web site now, Mr. RYAN, is updated. Mr. BURTON of Indiana, for 5 minutes, 966. A letter from the Office of Managing Mr. RYAN of Ohio. All of the new today and March 27, 28, and 29. Director, AMD-PERM, Federal Communica- statistics from our budget will be on f tions Commission, transmitting the Com- there, I am sure. mission’s final rule — Communications As- I think this is an appropriate time to ADJOURNMENT sistance for Law Enforcement Act and make the announcement of our key Ms. WASSERMAN SCHULTZ. Mr. Broadband Access and Services [ET Docket staffer for years and years and years Speaker, I move that the House do now No. 04-295; RM-10865] received February 27, here at the 30-something Working adjourn. 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy and Commerce. Group, Tom Manatos has gotten en- The motion was agreed to; accord- 967. A letter from the Office of Managing gaged. He is going to be married to a ingly (at 10 o’clock and 23 minutes Director, AMD-PERM, Federal Communica- beautiful young Republican. p.m.), under its previous order, the tions Commission, transmitting the Com- Ms. WASSERMAN SCHULTZ. Who House adjourned until tomorrow, Tues- mission’s final rule — Amendment of Section works at the White House. day, March 27, 2007, at 10:30 a.m., for 73.202(b), Table of Allotments, FM Broadcast Mr. RYAN of Ohio. Who works at the morning hour debate. Stations. (Hennessey, Oklahoma) [MB Dock- et No. 05-85; RM-11164] received February 27, White House, and the engagement, I f guess, was blessed by the Greek Ortho- 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the dox archbishop. How about that for off EXECUTIVE COMMUNICATIONS, Committee on Energy and Commerce. ETC. 968. A letter from the Office of Managing to a good start? Director, AMD-PERM, Federal Communica- Mr. MURPHY of Connecticut. The bi- Under clause 8 of rule XII, executive tions Commission, transmitting the Com- partisan spirit preached by the 30- communications were taken from the mission’s final rule — Amendment of Section something working group put in prac- Speaker’s table and referred as follows: 73.202(b), FM Table of Allotments, FM Broad- tice. 960. A letter from the Principal Deputy As- cast Stations (Opelika and Waverly, Ala- Ms. WASSERMAN SCHULTZ. Ab- sociate Administrator, Environmental Pro- bama) [MB Docket No. 05-79] Reclassification sorbed, even, by the 30-something lead- tection Agency, transmitting the Agency’s of License of Station WSTR(FM), Smyrna, ership. final rule — Approval and promulgation of Georgia) received February 27, 2007, pursuant State Plan for Designated Facilities and Pol- to 5 U.S.C. 801(a)(1)(A); to the Committee on Mr. RYAN of Ohio. Right up to the Energy and Commerce. staff level. lutants; Florida: Emissions Guidelines for Small Municipal Waste Combustion Units 969. A letter from the Office of Managing Mr. Speaker, we yield back the bal- [EPA-R04-OAR-2006 -0140-200605(a); FRL-8276- Director, AMD-PERM, Federal Communica- ance of our time. 7] received February 27, 2007, pursuant to 5 tions Commission, transmitting the Com- f U.S.C. 801(a)(1)(A); to the Committee on En- mission’s final rule — Amendment of Section ergy and Commerce. 73.202(b), Table of Allotments, FM Broadcast LEAVE OF ABSENCE 961. A letter from the Principal Deputy As- Stations. (Hale Center, Texas) [MB Docket By unanimous consent, leave of ab- sociate Administrator, Environmental Pro- No. 05-114; RM-1190] received February 27, sence was granted to: tection Agency, transmitting the Agency’s 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy and Commerce. Mr. KANJORSKI (at the request of Mr. final rule — Approval and Promulgation of Air Quality Implementation Plans; West Vir- 970. A letter from the Office of Managing HOYER) for today and the balance of ginia; Amendments to the Minor New Source Director, AMD-PERM, Federal Communica- the week on account of personal busi- Review Program [EPA-R03-OAR-2006-0915; tions Commission, transmitting the Com- ness. FRL-8276-3] received February 27, 2007, pur- mission’s final rule — Amendment of Section Mr. LAMPSON (at the request of Mr. suant to 5 U.S.C. 801(a)(1)(A); to the Com- 73.202(b), Table of Allotments, FM Broadcast HOYER) for today and the balance of mittee on Energy and Commerce. Stations. (Columbus, Indiana) [MB Docket the week. 962. A letter from the Principal Deputy As- No. 05-238; RM-11260] received February 27, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the Ms. MILLENDER-MCDONALD (at the re- sociate Administrator, Environmental Pro- Committee on Energy and Commerce. quest of Mr. HOYER) for today and tection Agency, transmitting the Agency’s 971. A letter from the Acting SSA Regula- March 27. final rule — Outer Continental Shelf Air Regulations Consistency Update for Alaska tions Officer, Social Security Administra- Mr. UDALL of New Mexico (at the re- [EPA-R10-OAR-2006-0377; FRL-8249-2] re- tion, transmitting the Administration’s final quest of Mr. HOYER) for today and ceived February 27, 2007, pursuant to 5 U.S.C. rule — Optometrists as ‘‘Acceptable Medical March 27. 801(a)(1)(A); to the Committee on Energy and Sources’’ to Establish a Medically Deter- Mr. WAMP (at the request of Mr. Commerce. minable Impairment.[Docket No. SSA-2006- BOEHNER) for today on account of at- 963. A letter from the Office of Managing 0085] (RIN: 0960-AG05) received February 27, tending his son’s 20th birthday. Director, AMD-PERM, Federal Communica- 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the tions Commission, transmitting the Com- Committee on Ways and Means. f mission’s final rule — Amendment of Part 97 f SPECIAL ORDERS GRANTED of the Commission’s Rules To Implement REPORTS OF COMMITTEES ON By unanimous consent, permission to WRC-03 Regulations Applicable to Require- ments for Operator Licenses in the Amateur PUBLIC BILLS AND RESOLUTIONS address the House, following the legis- Radio Service [WT Docket No. 05-235] lative program and any special orders Under clause 2 of rule XIII, reports of Amendment of the Commisison’s Rules Gov- committees were delivered to the Clerk heretofore entered, was granted to: erning the Amateur Radio Services [WT (The following Members (at the re- Docket No. 04-140] received February 27, 2007, for printing and reference to the proper quest of Mr. TANNER) to revise and ex- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- calendar, as follows: tend their remarks and include extra- mittee on Energy and Commerce. Mr. RANGEL: Committee on Ways and neous material:) 964. A letter from the Office of Managing Means. H.R. 493. A bill to prohibit discrimi- Director, AMD-PERM, Federal Communica- nation on the basis of genetic information Mr. CONYERS, for 5 minutes, today. tions Commission, transmitting the Com- with respect to health insurance and employ- Ms. WOOLSEY, for 5 minutes, today. mission’s final rule — Rechannelization of ment; with an amendment (Rept. 110–28 Pt. Mr. DEFAZIO, for 5 minutes, today. the 17.7-19.7 GHz Frequency Band for Fixed 2). Ordered to be printed. Mrs. MCCARTHY of New York, for 5 Microwave Services under Part 101 of the Mr. OBERSTAR: Committee on Transpor- minutes, today. Commission’s Rules [WT Docket No. 04-143] tation and Infrastructure. H.R. 1019. A bill to

VerDate Aug 31 2005 03:31 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MR7.105 H26MRPT1 mstockstill on PROD1PC66 with HOUSE March 26, 2007 CONGRESSIONAL RECORD — HOUSE H3079

designate the United States customhouse DEFAZIO, Mr. ACKERMAN, Mr. MCNUL- H.R. 1683. A bill to amend the Public building located at 31 Gonzalez Clemente Av- TY, Ms. WATSON, Mr. UDALL of New Health Service Act to provide for community enue in Mayaguez, Puerto Rico, as the Mexico, Mr. RENZI, Mr. GRIJALVA, projects that will reduce the number of indi- ‘‘Rafael Martinez Nadal United States Cus- and Mr. PAYNE): viduals who are uninsured with respect to tomhouse Building’’ (Rept. 110–70). Referred H.R. 1678. A bill to amend the Torture Vic- health care, and for other purposes; to the to the House Calendar. tims Relief Act of 1998 to authorize appro- Committee on Energy and Commerce. Mr. OBERSTAR. Committee on Transpor- priations to provide assistance for domestic By Mr. THOMPSON of Mississippi (for tation and Infrastructure. H.R. 1138. A bill to and foreign programs and centers for the himself, Mr. KING of New York, Mr. designate the Federal building and United treatment of victims of torture, and for CARNEY, Mr. ROGERS of Alabama, Mr. States courthouse located at 306 East Main other purposes; to the Committee on Foreign ETHERIDGE, Mr. LANGEVIN, Mr. Street in Elizabeth City, North Carolina, as Affairs, and in addition to the Committee on CUELLAR, Ms. CLARKE, and Ms. LO- the ‘‘J. Herbert W. Small Federal Building Energy and Commerce, for a period to be RETTA SANCHEZ of California): and United States Courthouse’’ (Rept. 110– subsequently determined by the Speaker, in H.R. 1684. A bill to authorize appropria- 71). Referred to the House Calendar. each case for consideration of such provi- tions for the Department of Homeland Secu- Mr. OBERSTAR. Committee on Transpor- sions as fall within the jurisdiction of the rity for fiscal year 2008, and for other pur- tation and Infrastructure. H.R. 753. A bill to committee concerned. poses; to the Committee on Homeland Secu- redesignate the Federal building located at By Ms. ROS-LEHTINEN (for herself, rity. 167 North Main Street in Memphis, Ten- Mr. LINCOLN DIAZ-BALART of Florida, By Mr. PRICE of Georgia: nessee, as the ‘‘Clifford Davis/Odell Horton Mr. MARIO DIAZ-BALART of Florida, H.R. 1685. A bill to protect information re- Federal Building’’; with amendments (Rept. Mr. BURTON of Indiana, Mr. MAHONEY lating to consumers, to require notice of se- 110–72). Referred to the House Calendar. of Florida, Mr. SIRES, Mr. MACK, Mr. curity breaches, and for other purposes; to Mr. HASTINGS of Florida. Committee on PENCE, Mr. BILIRAKIS, Mr. BUCHANAN, the Committee on Financial Services, and in Rules. House Resolution 269. Resolution pro- Ms. WASSERMAN SCHULTZ, Mr. addition to the Committees on Oversight and viding for consideration of the bill (H.R. 835) FORTUN˜ O, Mr. MCCOTTER, and Mr. Government Reform, and Energy and Com- to reauthorize the programs of the Depart- HASTINGS of Florida): merce, for a period to be subsequently deter- ment of Housing and Urban Development for H.R. 1679. A bill to protect the environ- mined by the Speaker, in each case for con- housing assistance for Native Hawaiians mental integrity of coral reefs and other sideration of such provisions as fall within (Rept. 110–73). Referred to the House Cal- coastal marine resources from exploration, the jurisdiction of the committee concerned. endar. development, and production activities for By Mr. ETHERIDGE (for himself, Mr. Mr. HASTINGS of Florida. Committee on petroleum resources located in a maritime ROGERS of Alabama, and Mr. THOMP- Rules. House Resolution 270. Resolution pro- exclusive economic zone of the United States SON of Mississippi): viding for consideration of the bill (H.R. 1401) that is contiguous to a foreign exclusive eco- H.R. 1686. A bill to amend the Homeland to improve the security of railroads, public nomic zone; to the Committee on the Judici- Security Act to require that uniforms, pro- ary, and in addition to the Committees on transportation, and over-the-road buses in tective gear, badges, and identification cards Foreign Affairs, Financial Services, and the United States, and for other purposes of personnel be manufactured in the United Oversight and Government Reform, for a pe- (Rept. 110–74). Referred to the House Cal- States; to the Committee on Homeland Secu- riod to be subsequently determined by the endar. rity. Speaker, in each case for consideration of By Mr. KIND (for himself, Mr. REGULA, f such provisions as fall within the jurisdic- Ms. HOOLEY, Mr. ROGERS of Alabama, TIME LIMITATION OF REFERRED tion of the committee concerned. Mr. SPRATT, Mr. MCDERMOTT, Mr. By Mr. THOMPSON of Mississippi (for BILL INSLEE, Mr. BOSWELL, Mr. TOWNS, Mr. himself, Mr. KING of New York, Mr. SESSIONS, Mr. GORDON, Mr. ORTIZ, Pursuant to clause 2 of rule XII the LANGEVIN, Mr. MCCAUL of Texas, Mr. Mr. LATOURETTE, Mr. HIGGINS, Mr. following action was taken by the ETHERIDGE, Mr. DENT, Ms. LORETTA WALSH of New York, Mr. COBLE, Mr. Speaker: SANCHEZ of California, and Ms. JACK- SHAYS, Mr. WELLER, Mr. KUHL of New SON-LEE of Texas): York, Ms. WATSON, Mr. GRIJALVA, H.R. 493. Referral to the Committee on En- H.R. 1680. A bill to authorize the Secretary Ms. LEE, Mr. CARNAHAN, Mr. MOL- ergy and Commerce extended for a period of Homeland Security to regulate the sale of LOHAN, Mr. PRICE of North Carolina, ending not later than March 29, 2007. ammonium nitrate to prevent and deter the Mr. NADLER, Mr. PETRI, Mr. DOYLE, f acquisition of ammonium nitrate by terror- Ms. SCHAKOWSKY, Mr. ISRAEL, Ms. ists; to the Committee on Homeland Secu- SUTTON, and Ms. BALDWIN): PUBLIC BILLS AND RESOLUTIONS rity. H.R. 1687. A bill to provide competitive Under clause 2 of rule XII, public By Mr. LANTOS (for himself, Ms. ROS- grants for training court reporters and bills and resolutions were introduced LEHTINEN, Mr. FLAKE, Ms. JACKSON- closed captioners to meet requirements for LEE of Texas, Mr. WEXLER, Mr. ACK- and severally referred, as follows: realtime writers under the Telecommuni- ERMAN, Mr. SIRES, and Mr. SCOTT of cations Act of 1996, and for other purposes; to By Ms. BEAN (for herself, Mr. FRANK of Georgia): the Committee on Education and Labor. Massachusetts, and Mr. GILLMOR): H.R. 1681. A bill to amend the Congres- By Mr. SCOTT of Virginia: H.R. 1675. A bill to suspend the require- sional Charter of The American National H.R. 1688. A bill to amend the Social Secu- ments of the Department of Housing and Red Cross to modernize its governance struc- rity Act to provide health insurance cov- Urban Development regarding electronic fil- ture, to enhance the ability of the board of erage for children and pregnant women ing of previous participation certificates and governors of The American National Red throughout the United States by combining regarding filing of such certificates with re- Cross to support the critical mission of The the children and pregnant woman health spect to certain low-income housing inves- American National Red Cross in the 21st cen- coverage under Medicaid and SCHIP into a tors; to the Committee on Financial Serv- tury, and for other purposes; to the Com- new All Healthy Children Program, and for ices. mittee on Foreign Affairs. other purposes; to the Committee on Energy By Mr. BOREN (for himself, Mr. FRANK By Mr. FRANK of Massachusetts (for and Commerce, and in addition to the Com- of Massachusetts, Mr. RENZI, and Mr. himself, Mrs. BIGGERT, Mr. mittee on Rules, for a period to be subse- KILDEE): BLUMENAUER, Ms. WATERS, Mr. TAY- quently determined by the Speaker, in each H.R. 1676. A bill to reauthorize the program LOR, Ms. MATSUI, Mr. MAHONEY of case for consideration of such provisions as of the Secretary of Housing and Urban De- Florida, Ms. WASSERMAN SCHULTZ, fall within the jurisdiction of the committee velopment for loan guarantees for Indian Mr. BAKER, Mr. GARY G. MILLER of concerned. housing; to the Committee on Financial California, Mrs. JO ANN DAVIS of Vir- By Mr. KELLER: Services. ginia, and Ms. GINNY BROWN-WAITE of H.R. 1689. A bill to provide support to com- By Mr. RANGEL (for himself and Mr. Florida): bat illegal downloading on college and uni- LEWIS of Georgia): H.R. 1682. A bill to restore the financial versity campuses; to the Committee on Edu- H.R. 1677. A bill to amend the Internal Rev- solvency of the national flood insurance pro- cation and Labor. enue Code of 1986 to enhance taxpayer pro- gram, and for other purposes; to the Com- By Mrs. LOWEY: tections and outreach; to the Committee on mittee on Financial Services. H.R. 1690. A bill to improve airport screen- Ways and Means. By Mr. HOEKSTRA (for himself, Mr. ing and security; to the Committee on Home- By Mr. SMITH of New Jersey (for him- STUPAK, Mr. LARSEN of Washington, land Security. self, Mr. LANTOS, Mr. OBERSTAR, Mr. Mr. SOUDER, Mr. EHLERS, Mr. UPTON, By Mrs. LOWEY (for herself, Mr. UDALL of Colorado, Mr. MICHAUD, Mr. Mr. BOOZMAN, Mr. MCHUGH, Mr. SHAYS, Mr. CROWLEY, Mr. DEFAZIO, MCGOVERN, Mr. FORTENBERRY, Mr. GILLMOR, Mr. CHABOT, Mr. VAN Mr. GRIJALVA, Mr. FRANK of Massa- PITTS, Mr. WOLF, Ms. MCCOLLUM of HOLLEN, Mr. MCCOTTER, Ms. KAPTUR, chusetts, Ms. BERKLEY, and Mr. Minnesota, Mr. BERMAN, Mr. EMAN- Mr. RYAN of Ohio, Mr. LATHAM, Mr. MCNULTY): UEL, Mrs. MALONEY of New York, Mr. NUNES, Mr. RADANOVICH, and Mr. H.R. 1691. A bill to end the use of conven- RANGEL, Ms. SCHAKOWSKY, Mr. CAMP of Michigan): tional steel-jawed leghold traps on animals

VerDate Aug 31 2005 03:31 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MR7.047 H26MRPT1 mstockstill on PROD1PC66 with HOUSE H3080 CONGRESSIONAL RECORD — HOUSE March 26, 2007

in the United States; to the Committee on enhance the COPS ON THE BEAT grant pro- SHIMKUS, Mr. CANTOR, Mr. ENGLISH of Energy and Commerce, and in addition to gram, and for other purposes; to the Com- Pennsylvania, Mr. ISRAEL, Mr. MIL- the Committees on Ways and Means, Foreign mittee on the Judiciary. LER of Florida, Mr. CARNAHAN, Ms. Affairs, and the Judiciary, for a period to be By Mr. WELDON of Florida (for him- BEAN, Mr. BARROW, Ms. WASSERMAN subsequently determined by the Speaker, in self, Mr. NUNES, and Mr. SHAYS): SCHULTZ, Mr. MELANCON, Mr. each case for consideration of such provi- H.R. 1701. A bill to amend the Internal Rev- LOBIONDO, Mr. CONAWAY, Mr. LYNCH, sions as fall within the jurisdiction of the enue Code of 1986 to provide an exemption Mr. MAHONEY of Florida, Mr. committee concerned. from the harbor maintenance tax for certain MCNERNEY, Mr. FOSSELLA, Mr. KUHL By Mr. PALLONE: shipping between United States mainland of New York, Mr. SESSIONS, Mr. H.R. 1692. A bill to fight criminal gangs; to ports; to the Committee on Ways and Means. PENCE, Mr. GARRETT of New Jersey, the Committee on the Judiciary, and in addi- By Ms. WOOLSEY (for herself, Ms. LEE, Mr. LINCOLN DIAZ-BALART of Florida, tion to the Committees on Education and Mr. KUCINICH, Ms. JACKSON-LEE of Mr. PLATTS, Mrs. BLACKBURN, Mr. Labor, and Financial Services, for a period Texas, Ms. KILPATRICK, Ms. BUCHANAN, Mr. SHUSTER, Mr. PORTER, to be subsequently determined by the Speak- SCHAKOWSKY, Mr. GRIJALVA, Mr. Mr. KNOLLENBERG, Mr. FEENEY, Mr. er, in each case for consideration of such pro- SERRANO, Mr. STARK, Mr. BECERRA, CANNON, Mr. MARIO DIAZ-BALART of visions as fall within the jurisdiction of the Ms. CARSON, Mrs. CHRISTENSEN, Mr. Florida, Mr. CAMPBELL of California, committee concerned. ELLISON, Mr. FILNER, Mr. GUTIERREZ, Mr. GOODLATTE, Ms. SCHAKOWSKY, OHEN By Mr. PAYNE (for himself, Mr. C , Mr. HINCHEY, Mr. HONDA, Ms. KAP- Mr. CULBERSON, Mr. CRENSHAW, Mrs. UTTON IRES OWEY Ms. S , Mr. S , Mrs. L , TUR, Mr. MCDERMOTT, Mr. MCGOV- TAUSCHER, Mrs. MILLER of Michigan, ACKSON EE OHN Ms. J -L of Texas, Mr. J - ERN, Mr. RUSH, Ms. SOLIS, and Ms. Mr. RENZI, Mr. YOUNG of Florida, Ms. SON LAY of Georgia, and Mr. C ): WATSON): GIFFORDS, and Mr. JORDAN): H.R. 1693. A bill to authorize National Mall H.R. 1702. A bill to reallocate funds toward H. Res. 267. A resolution calling for the im- Liberty Fund D.C. to establish a memorial sensible priorities such as improved chil- mediate and unconditional release of British on Federal land in the District of Columbia dren’s education, increased children’s access marines and sailors held captive by Iran, and at Constitution Gardens previously approved to health care, expanded job training, and in- for other purposes; to the Committee on For- to honor free persons and slaves who fought creased energy efficiency and conservation eign Affairs. for independence, liberty, and justice for all through a reduction of wasteful defense By Mr. MCINTYRE (for himself and Mr. during the American Revolution; to the spending, and for other purposes; to the PITTS): Committee on Natural Resources. Committee on Armed Services, and in addi- H. Res. 268. A resolution supporting respon- By Mr. REICHERT: tion to the Committees on Energy and Com- H.R. 1694. A bill to improve the financial sible fatherhood, promoting marriage, and merce, Education and Labor, Homeland Se- encouraging greater involvement of fathers assistance provided to State, local, and trib- curity, Foreign Affairs, and Veterans’ Af- al governments by expanding the eligible use in the lives of their children, especially on fairs, for a period to be subsequently deter- Father’s Day; to the Committee on Edu- of funding under the Homeland Security mined by the Speaker, in each case for con- Grant Program to include costs related to cation and Labor. sideration of such provisions as fall within By Mr. BURGESS: staff and law enforcement analysts engaged the jurisdiction of the committee concerned. H. Res. 271. A resolution recognizing the in information and intelligence sharing ac- By Mr. YOUNG of Alaska: heroism and sacrifice of Medal of Honor re- tivities; to the Committee on Homeland Se- H.R. 1703. A bill to establish a coordinated cipients, commending the efforts of the curity. avalanche protection program, and for other Medal of Honor Host City Program in By Mr. REICHERT: purposes; to the Committee on Natural Re- Gainesville, Texas, to celebrate and honor H.R. 1695. A bill to establish a National sources, and in addition to the Committees the contributions of Medal of Honor recipi- Commission on the Prevention of on Agriculture, and Oversight and Govern- ents, and encouraging the expansion of the Radicalization, to enhance information shar- ment Reform, for a period to be subsequently program; to the Committee on Armed Serv- ing, and for other purposes; to the Com- determined by the Speaker, in each case for ices. mittee on the Judiciary, and in addition to consideration of such provisions as fall with- By Ms. LEE (for herself, Mr. PAYNE, the Committee on Homeland Security, for a in the jurisdiction of the committee con- Mr. HASTINGS of Florida, Mr. period to be subsequently determined by the cerned. MCDERMOTT, Mr. RANGEL, Ms. LINDA Speaker, in each case for consideration of By Mr. LANTOS (for himself, Mr. such provisions as fall within the jurisdic- T. SA´ NCHEZ of California, Mr. FORTENBERRY, Ms. ROS-LEHTINEN, tion of the committee concerned. BUTTERFIELD, Mr. SCHIFF, Mr. Mr. PAYNE, Mr. SMITH of New Jersey, By Mr. REYES: ELLISON, Mr. FATTAH, Mr. LEWIS of Mr. HASTINGS of Florida, Mr. ROYCE, H.R. 1696. A bill to amend the Ysleta del Georgia, Mr. GRIJALVA, Mr. SERRANO, Mr. JACKSON of Illinois, Mr. PITTS, Sur Pueblo and Alabama and Coushatta In- Mr. ENGEL, Mr. DAVIS of Illinois, and Mr. MORAN of Virginia, Mr. DOO- dian Tribes of Texas Restoration Act to Ms. KILPATRICK): LITTLE, Ms. WATSON, Mr. FORTUN˜ O, allow the Ysleta del Sur Pueblo tribe to de- H. Res. 272. A resolution commemorating Mr. RUSH, Mr. SCOTT of Georgia, Mr. termine blood quantum requirement for the 200th anniversary of the abolition of the KENNEDY, Mr. BERMAN, Ms. JACKSON- membership in that Tribe; to the Committee transatlantic slave trade; to the Committee LEE of Texas, Mr. WEXLER, Mr. on Natural Resources. on Foreign Affairs. By Mr. ROGERS of Alabama (for him- Engel, Mr. FATTAH, Ms. CORRINE BROWN of Florida, Mr. JEFFERSON, f self, Mr. DAVID DAVIS of Tennessee, Mr. SMITH of Washington, Mr. ABER- and Mr. JINDAL): PRIVATE BILLS AND H.R. 1697. A bill to establish a Rural Polic- CROMBIE, Mr. UDALL of Colorado, Ms. ing Institute within the Federal Law En- WOOLSEY, Mr. BURTON of Indiana, Mr. RESOLUTIONS forcement Training Center of the Depart- SHERMAN and Mr. BLAUMENAUER:) Under clause 3 of rule XII, ment of Homeland Security to develop and H. Con. Res. 100. A concurrent resolution condemning the recent violent actions of the Mr. STUPAK introduced a bill (H.R. 1704) provide for training programs for rural law for the relief of Robert and Verda Shatusky; enforcement agencies; to the Committee on Government of Zimbabwe against peaceful opposition party activists and members of which was referred to the Committee on the the Judiciary. Judiciary. By Ms. SCHAKOWSKY (for herself, civil society; to the Committee on foreign Mrs. MCCARTHY of New York, and Mr. Affairs. f GRIJALVA): By Ms. SHEA-PORTER (for herself, H.R. 1698. A bill to direct the Consumer Mrs. DAVIS of California, Ms. LEE, ADDITIONAL SPONSORS Product Safety Commission to promulgate a Mr. RODRIGUEZ, Ms. SCHWARTZ, Mr. Under clause 7 of rule XII, sponsors consumer product safety standard for each TOWNS, and Mrs. JONES of Ohio): H. Res. 266. A resolution supporting the were added to public bills and resolu- durable infant or toddler product, and for tions as follows: other purposes; to the Committee on Energy goals and ideals of Professional Social Work and Commerce. Month and World Social Work Day; to the H.R. 20: Mr. WAXMAN. By Ms. SCHAKOWSKY (for herself and Committee on Education and Labor. H.R. 23: Mr. SPACE, Ms. HARMAN, Mr. Mr. UPTON): By Mr. KIRK (for himself, Mr. AN- SHAYS, Mr. PASCRELL, MRS. BLACKBURN, Mr. H.R. 1699. A bill to direct the Consumer DREWS, Mr. SCOTT of Georgia, Mr. TIM MILLER of Florida, Mr. WALZ of Minnesota, Product Safety Commission to require cer- MURPHY of Pennsylvania, Mr. Mr. OLVER, Mr. STARK, Mr. WESTMORELAND, tain manufacturers to provide consumer SESTAK, Mr. KLEIN of Florida, Mr. Mr. DAVID DAVIS of Tennessee, Mr. KING of product registration forms to facilitate re- CROWLEY, Mr. ENGEL, Mr. WEXLER, New York, Mr. BROWN of South Carolina, and calls of durable infant and toddler products; Mr. SIRES, Ms. LINDA T. SA´ NCHEZ of Mr. PETERSON of Minnesota. to the Committee on Energy and Commerce. California, Mr. BOOZMAN, Mr. H.R. 39: Ms. SHEA-PORTER. By Mr. WEINER (for himself, Mr. CHABOT, Mr. MACK, Mr. BURTON of In- H.R. 45: Mr. MCGOVERN, Mr. BURGESS, and SCOTT of Virginia, and Mr. KELLER): diana, Mr. MCCOTTER, Mr. HASTINGS Ms. SCHAKOWSKY. H.R. 1700. A bill to amend the Omnibus of Florida, Mr. BOUSTANY, Mr. PAT- H.R. 66: Mr. SCOTT of Georgia, Mr. MILLER Crime Control and Safe Streets Act of 1968 to RICK MURPHY of Pennsylvania, Mr. of North Carolina, and Mr. BUTTERFIELD.

VerDate Aug 31 2005 04:59 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\L26MR7.100 H26MRPT1 mstockstill on PROD1PC66 with HOUSE March 26, 2007 CONGRESSIONAL RECORD — HOUSE H3081

H.R. 74: Mr. LATHAM and Mr. BLUMENAUER. H.R. 1078: Mr. MORAN of Virginia, Mr. H.R. 1586: Ms. FOXX, Mrs. DRAKE, Mr. H.R. 89: Mr. REYES. ROTHMAN, Mr. WEXLER, and Mr. ISRAEL. SMITH of Texas, Mr. SHIMKUS, Mr. GERLACH, H.R. 146: Ms. GIFFORDS. H.R. 1093: Mr. BOUSTANY, Ms. WASSERMAN Mr. GARRETT of New Jersey, Mr. GARY G. H.R. 191: Mr. DOOLITTLE. SCHULTZ, Mr. MICA, and Ms. CORRINE BROWN MILLER of California, Mr. WAMP, Mr. RADAN- H.R. 192: Mr. DOOLITTLE. of Florida. OVICH, Mr. TURNER, Mr. HENSARLING, Mr. H.R. 193: Mr. BARTLETT of Maryland. H.R. 1094: Mr. ALEXANDER. BOOZMAN, and Mr. JORDAN. H.R. 234: Mr. WAXMAN, and Mr. MCNERNEY. H.R. 1103: Mr. GRIJALVA, Mr. SERRANO, Ms. H.R. 1588: Mr. MCNULTY. H.R. 303: Mr. WOLF, Ms. HARMAN, Mr. JACKSON-LEE of Texas, and Mr. KUCINICH. H.R. 1595: Mr. GEORGE MILLER of Cali- SCOTT of Georgia, Mr. DAVID DAVIS of Ten- H.R. 1108: Mr. MARSHALL and Mr. CROWLEY. fornia, Mr. LANTOS, Mr. SCOTT of Virginia, nessee, Mr. COURTNEY, Mrs. EMERSON, and H.R. 1117: Mr. CUMMINGS, Mr. HODES, and Ms. VELA´ ZQUEZ, Ms. LORETTA SANCHEZ of Mr. OLVER. Ms. SHEA-PORTER. California, Mr. RODRIGUEZ, Ms. BERKLEY, H.R. 315: Mr. HASTINGS of Washington. H.R. 1120: Mr. WALBERG, Mr. CARNEY, Mr. Mrs. NAPOLITANO, Ms. SCHAKOWSKY, Mr. H.R. 359: Mr. SHERMAN and Mr. BERMAN. PATRICK MURPHY of Pennsylvania, Mr. COLE UDALL of Colorado, Mr. WU, Mrs. DAVIS of H.R. 368: Mr. GOODE, Mr. ALTMIRE, Mr. of Oklahoma, Mr. MCCARTHY of California, California, Mr. MILLER of Florida, and Mr. RENZI, Mr. TOWNS, Mr. ROSKAM, Mr. KEN- Mr. GINGREY, Mr. PRICE of North Carolina, BUTTERFIELD. NEDY, Ms. LORETTA SANCHEZ of California, and Mr. TERRY. H.R. 1633: Mr. COHEN. Mr. MICHAUD, Mr. CLEAVER, Mr. ROTHMAN, H.R. 1121: Mr. MILLER of Florida. H.R. 1640: Mr. BLUNT and Mr. TURNER. Mr. BACHUS, and Mr. CAPUANO. H.R. 1122: Mr. MILLER of Florida. ´ H.R. 410: Mr. TOWNS. H.R. 1139: Mr. DREIER and Mrs. H.R. 1645: Mr. HONDA and Ms. VELAZQUEZ. H.R. 418: Mr. PORTER. NAPOLITANO. H.R. 1660: Mr. UDALL of Colorado and Mr. H.R. 462: Mr. BARTLETT of Maryland. H.R. 1146: Mr. SAM JOHNSON of Texas. PERLMUTTER. H.R. 463: Mr. COURTNEY. H.R. 1157: Mr. SMITH of New Jersey, Mrs. H.J. Res. 12: Mr. JINDAL. H.R. 473: Mrs. MCMORRIS RODGERS and Mr. SCHMIDT, Mr. KANJORSKI, Mr. LATHAM, and H.J. Res. 14: Mr. SMITH of Washington. PLATTS. Mr. RODRIGUEZ. H.J. Res. 37: Ms. SCHAKOWSKY. H.R. 477: Ms. MCCOLLUM of Minnesota, Mr. H.R. 1187: Ms. MCCOLLUM of Minnesota. H.J. Res. 39: Mr. MCCOTTER, Mr. FARR, and JINDAL, and Mr. YARMUTH. H.R. 1216: Mr. MORAN of Kansas, Mrs. Mr. COHEN. H.R. 493: Mr. DAVIS of Alabama and Mr. MCCARTHY of New York, Mr. ISRAEL, and Mr. H. Con. Res. 28: Mr. LAMPSON. HILL. WEXLER. H. Con. Res. 37: Mr. SESSIONS. H.R. 550: Mr. EHLERS, Mr. MOORE of Kan- H.R. 1222: Mr. BOSWELL, Mr. MARSHALL, H. Con. Res. 49: Mr. PEARCE, Mr. WATT, Mr. sas, Mr. WOLF, Ms. ESHOO, Mr. DOGGETT, Ms. and Mr. NADLER. PORTER, and Mr. BOREN. BERKLEY, Mr. LARSON of Connecticut, Mr. H.R. 1223: Mr. BOSWELL and Mr. NADLER. H. Con. Res. 60: Mr. BOYD of Florida. HOLT, Mr. DOOLITTLE, Mrs. WILSON of New H.R. 1225: Mr. LEVIN. H. Con. Res. 68: Mr. ARCURI, Mr. PASCRELL, Mexico, and Mr. SMITH of New Jersey. H.R. 1228: Mr. NADLER. Mr. LANTOS, Mrs. BONO, Mr. PALLONE, Mr. H.R. 552: Mr. GILCHREST, Mr. HOLDEN, and H.R. 1246: Mr. PRICE of North Carolina. Mr. DOYLE. H.R. 1250: Mr. PEARCE. FERGUSON, Mr. CAPUANO, Mr. RYAN of Ohio, H.R. 620: Mr. SARBANES. H.R. 1280: Mr. FILNER and Mr. LARSON of Mr. SERRANO, Mr. KING of New York, and Mr. H.R. 649: Mr. PORTER. Connecticut. DAVIS of Illinois. H.R. 657: Mr. PASTOR and Mr. MILLER of H.R. 1281: Mrs. NAPOLITANO and Mr. LEVIN. H. Con. Res. 75: Mr. JOHNSON of Georgia. Florida. H.R. 1289: Mr. GRIJALVA. H. Con. Res. 85: Mr. HASTINGS of Florida. H.R. 661: Mr. PASCRELL and Mr. LARSON of H.R. 1314: Mr. WICKER, Mr. BROWN of South H. Con. Res. 87: Mr. GALLEGLY, Mr. KLEIN Connecticut. Carolina, Mr. BILIRAKIS, Mr. KING of Iowa, of Florida, Mrs. LOWEY, Mr. WOLF, Mr. H.R. 670: Mr. WILSON of South Carolina. and Mr. CRENSHAW. SHULER, and Mr. WYNN. H.R. 684: Ms. HIRONO. H.R. 1324: Mr. MILLER of Florida. H. Con. Res. 92: Mr. WEXLER. H.R. 695: Mr. HOLT, Mr. MCCOTTER, Mr. H.R. 1330: Ms. GIFFORDS and Mrs. EMERSON. H. Res. 20: Mr. DOGGETT. MOORE of Kansas, and Mrs. EMERSON. H.R. 1346: Mr. WAXMAN and Mr. NADLER. H. Res. 37: Mr. BECERRA. H.R. 699: Mrs. BACHMANN and Mr. H.R. 1347: Ms. SHEA-PORTER. H. Res. 55: Mrs. NAPOLITANO and Mr. LOBIONDO. H.R. 1353: Mr. ISRAEL and Mr. WEXLER. FATTAH. H.R. 704: Mr. MILLER of Florida. H.R. 1363: Mr. MCDERMOTT, Mr. NADLER, H. Res. 100: Mr. OBERSTAR. H.R. 718: Mr. MCINTYRE, Mr. BRALEY of and Ms. SUTTON. H. Res. 119: Ms. HIRONO, Mr. INGLIS of Iowa, Mr. SHULER, Mr. JONES of North Caro- H.R. 1380: Mr. MCDERMOTT. South Carolina, and Mr. PETERSON of Min- lina, Mr. BAIRD, Mr. COURTNEY, Mr. H.R. 1391: Ms. JACKSON-LEE of Texas and nesota. BLUMENAUER, and Mr. FILNER. Mr. ISRAEL. H.R. 727: Mr. BOUSTANY. H.R. 1392: Ms. GINNY BROWN-WAITE of Flor- H. Res. 121: Mr. JEFFERSON, Mr. FATTAH, H.R. 748: Mr. OBERSTAR, Mr. HALL of Texas, ida. Mr. ENGEL, Mr. ENGLISH of Pennsylvania, and Mr. FARR. H.R. 1413: Mrs. MCCARTHY of New York. Mr. HOLDEN, Mr. LARSON of Connecticut, and H.R. 758: Mrs. CAPPS. H.R. 1422: Mr. RAHALL and Mr. Mr. DOYLE. H.R. 760: Mr. LAMPSON. BLUMENAUER. H. Res. 154: Mr. MEEKS of New York, Mr. H.R. 808: Mr. MARKEY. H.R. 1434: Mr. KAGEN, Ms. MOORE of Wis- DOYLE, and Ms. JACKSON-LEE of Texas. H.R. 816: Ms. BERKLEY. consin, Mr. MORAN of Virginia, Mr. MOORE of H. Res. 158: Mr. TANCREDO and Mr. H.R. 819: Mrs. BIGGERT and Mrs. Kansas, Ms. JACKSON-LEE of Texas, Ms. CRENSHAW. GILLIBRAND. BORDALLO, and Mr. WOLF. H. Res. 169: Mr. ELLSWORTH. H.R. 869: Ms. ZOE LOFGREN of California. H.R. 1441: Mr. BERMAN, Mr. BAIRD, and Mr. H. Res. 179: Mrs. WILSON of New Mexico, H.R. 881: Mr. GOODE. WEXLER. Ms. NORTON, Mr. LINCOLN DAVIS of Ten- H.R. 901: Mr. BOUCHER. H.R. 1448: Mr. GRIJALVA and Mr. WEXLER. nessee, Mr. NADLER, Mr. SOUDER, Mr. PAYNE, H.R. 913: Ms. ROS-LEHTINEN. H.R. 1469: Mr. COSTELLO, Mr. SCOTT of Mr. MCINTYRE, Mr. STARK, Mr. EMANUEL, and H.R. 943: Mr. ABERCROMBIE, Mr. WEXLER, Georgia, Ms. HOOLEY, Mr. WEXLER, Mr. WU, Mr. SHULER. Mr. LOBIONDO, Ms. KAPTUR, Mr. HOLDEN, and and Mr. DEFAZIO. H. Res. 196: Mr. BAIRD. Mr. PAYNE. H.R. 1474: Mr. WOLF, Mr. MCINTYRE, Mr. H. Res. 197: Mr. STARK. H.R. 971: Mr. EDWARDS, Mr. JINDAL, Ms. BONNER, Mr. MOORE of Kansas, and Mr. MAR- H. Res. 221: Mr. WATT. SLAUGHTER, and Mr. STUPAK. SHALL. H. Res. 231: Mrs. BACHMANN and Mr. MIL- H.R. 997: Mr. MCKEON, Mr. GILCHREST, Mrs. H.R. 1479: Mr. NADLER. LER of Florida. MILLER of Michigan, Mr. MCCRERY, Mr. H.R. 1493: Mrs. MILLER of Michigan. H. Res. 233: Mr. LEWIS of Georgia. BISHOP of Utah, Mr. ROYCE, Mr. DAVIS of H.R. 1498: Mr. GORDON. H. Res. 235: Mr. ENGEL, Mrs. TAUSCHER, Mr. Kentucky, and Mr. ROGERS of Kentucky. H.R. 1506: Mr. PAYNE, Mr. MCNULTY, Mr. ISRAEL, Mr. BURTON of Indiana, Mr. MCNUL- H.R. 1038: Mr. THORNBERRY, Ms. NORTON, TAYLOR, Mr. MORAN of Virginia, Mr. SMITH of TY, Mr. BROWN of South Carolina, Mr. BER- Mr. HOLDEN, and Mr. COHEN. Washington, Mr. SCHIFF, Ms. BALDWIN, Mr. MAN, Mr. WEINER, Mr. TOWNS, Ms. CORRINE H.R. 1042: Mr. FLAKE. ROTHMAN, Mr. HINCHEY, and Mr. NADLER. BROWN of Florida, and Mr. BOYD of Florida. H.R. 1051: Ms. SCHAKOWSKY. H.R. 1524: Mr. LEVIN. H.R. 1056: Mr. BARTLETT of Maryland. H.R. 1543: Mr. HOLDEN, and Ms. ROS- H. Res. 243: Mr. MORAN of Virginia. H.R. 1058: Mr. BARTLETT of Maryland. LEHTINEN. H. Res. 250: Mrs. BACHMANN, Mr. HASTERT, H.R. 1061: Mr. BAIRD and Ms. BALDWIN. H.R. 1551: Mr. RANGEL, Mr. ROTHMAN, Mr. Mr. CANNON, Mr. ROGERS of Michigan, Mr. H.R. 1063: Mr. MARSHALL and Mr. ALEX- ISRAEL, and Mr. MCHUGH. BURTON of Indiana, Mr. SMITH of Texas, Mr. ANDER. H.R. 1554: Mr. PAUL. GINGREY, Mr. PITTS, Mr. SENSENBRENNER, H.R. 1073: Mr. PRICE of North Carolina, Mr. H.R. 1560: Mr. WEXLER, Mr. WAXMAN, Mr. and Mr. CAMPBELL of California. HOLT, Mrs. MILLER of Michigan, Ms. FILNER, and Mr. LOBIONDO. H. Res. 259: Mr. SALAZAR, Mr. SAXTON, Mr. SCHAKOWSKY, Mr. MURTHA, Mr. MCGOVERN, H.R. 1565: Mr. FRANK of Massachusetts. KUHL of New York, Ms. SCHAKOWSKY, Mr. and Ms. LINDA T. SA´ NCHEZ of California. H.R. 1566: Mr. SERRANO. STUPAK, Mr. BLUMENAUER, Mr. BISHOP of H.R. 1074: Mr. HILL and Ms. LINDA T. H.R. 1576: Mr. SCHIFF, Mrs. MILLER of Georgia, Mr. SHAYS, and Mr. MATHESON. SA´ NCHEZ of California. Michigan, Mr. DINGELL, and Mr. PLATTS. H. Res. 264: Mr. TOM DAVIS of Virginia.

VerDate Aug 31 2005 03:31 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MR7.049 H26MRPT1 mstockstill on PROD1PC66 with HOUSE H3082 CONGRESSIONAL RECORD — HOUSE March 26, 2007 CONGRESSIONAL EARMARKS, LIM- Committee is required to include a list of quired Members of Congress to comply with ITED TAX BENEFITS, OR LIM- congressional earmarks, limited tax bene- all requirements of clause 9(d), 9(e), or 9(f) of ITED TARIFF BENEFITS fits, or limited tariff benefits as defined in rule XXI. The table included in House Report clause 9(d), 9(e), or 9(f) of rule XXI of the 110–62 provides a list of such provisions in- Under clause 9 of rule XXI, lists or Rules of the House of Representatives. It is cluded in the bill. The following table pro- statements on congressional earmarks, not clear if the definition of ‘‘congressional limited tax benefits, or limited tariff earmark’’ under clause 9(d) of rule XXI ap- vides a list of such additional provisions in- benefits were submitted as follows: plies to technical corrections to SAFETEA– cluded in the bill, as amended, that the LU projects because these technical correc- House of Representatives considers today: THE HONORABLE JAMES L. OBERSTAR, tions do not provide new budget authority COMPLIANCE WITH RULE XI for such projects. Pursuant to clause 9 of rule XXI of the However, in the interests of full disclosure Rules of the House of Representatives, the and transparency, the Committee has re-

H.R. 1195 Section SAFETEA–LU Section Legislative provision Requested by

§ 105(a)(232) ...... § 1702(2193) ...... In item number 2193 by striking the project description and by inserting ‘‘710 Freeway Study to comprehensively evaluate the Adam Schiff. technical feasibility of a tunnel alternative to close the 710 Freeway gap, considering all practicable routes, in addition to any potential route previously considered, and with no funds to be used for preliminary engineering or environmental review except to the extent necessary to determine feasibility’’. § 105(a)(233) ...... § 1702(2445) ...... In item number 2445 by striking the project description and by inserting ‘‘$600,000 for road and pedestrian safety improve- Timothy H. Bishop. ments on Main Street in the Village of Patchogue; $900,000 for road and pedestrian safety improvements on Montauk High- way, between NYS Route 112 and Suffolk County Road 101 in Suffolk County’’. § 105(a)(234) ...... § 1702(346) ...... In item number 346 by striking the project description and by inserting ‘‘Hansen Dam Recreation Area access improvements in- Howard L. Berman. cluding hillside stabilization and parking lot rehabilitation along Osborne Street between Glenoaks Boulevard and Dronfield Avenue’’. § 105(a)(235) ...... § 1702(449) ...... In item number 449 by striking the project description and inserting ‘‘Route 30 and Mount Pleasant Road Interchange Safety Tim Murphy. Improvements, Westmoreland County, install light installations at intersection and consolidate entrances and exits to Route 30’’. § 110(3) ...... § 1934(c)(451) ...... By striking item number 451 ...... Luis G. Fortun˜o. § 110(4) ...... § 1934(c)(452) ...... In item number 452 by striking ‘‘$2,000,000’’ and inserting ‘‘$3,000,000’’...... Luis G. Fortun˜o. § 201(o)(4)(A)(xii) ...... § 3044(a)(57) ...... In item number 57 by striking the project description and inserting ‘‘Wilmington, NC, maintenance/operations and administra- Mike McIntyre. tion/transfer facilities’’. § 201(o)(6) ...... § 3043(b)(33) ...... San Gabriel Valley—Gold Line Foothill Extension Phase II.—In evaluating the local share of the San Gabriel Valley—Gold Line Adam Schiff and David Dreier. Foothill Extension Phase II project authorized by section 3043(b)(33) of such Act (119 Stat. 1642) in the new starts rating process, the Secretary of Transportation shall give consideration to project elements of the San Gabriel Valley—Gold Line Foothill Extension Phase I project advanced with 100 percent non-Federal funds.

VerDate Aug 31 2005 03:31 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MR7.058 H26MRPT1 mstockstill on PROD1PC66 with HOUSE 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, MARCH 26, 2007 No. 52 Senate The Senate met at 2:30 p.m. and was U.S. SENATE, MEASURE PLACED ON THE called to order by the Honorable MARK PRESIDENT PRO TEMPORE, CALENDAR—H.R. 545 Washington, DC, March 26, 2007. L. PRYOR, a Senator from the State of Mr. REID. Mr. President, it is my un- Arkansas. To the Senate: Under the provisions of rule I, paragraph 3, derstanding that H.R. 545 is at the desk of the Standing Rules of the Senate, I hereby and due for a second reading. PRAYER appoint the Honorable MARK L. PRYOR, a The ACTING PRESIDENT pro tem- The Chaplain, Dr. Barry C. Black, of- Senator from the State of Arkansas, to per- pore. The clerk will report the bill by fered the following prayer: form the duties of the Chair. title for a second time. Let us pray. ROBERT C. BYRD, The bill clerk read as follows: President pro tempore. Almighty God, whose power moves in A bill (H.R. 545) to amend the Omnibus the changes of the seasons and in the Mr. PRYOR thereupon assumed the Crime Control and Safe Streets Act of 1968 to circuit of the stars, let Your gentle chair as Acting President pro tempore. clarify that territories and Indian tribes are strength live in each of our hearts. eligible to receive grants for confronting the Today, infuse our Senators with Your f use of methamphetamine. wisdom so that in their coming and Mr. REID. Mr. President, I now ob- going they will walk in the path of RECOGNITION OF THE MAJORITY ject to any further proceedings at this Your will. Lord, keep them faithful. LEADER time. Amid the haste and hurry of their la- The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- bors this week, remind them to spend pore. The majority leader is recog- pore. Objection is heard. The measure time with You so that they experience nized. will be placed on the calendar. You as the joy and strength of true liv- ing. Quicken their faith and hope; give f f them Your perfect calm as they aspire RESERVATION OF LEADER TIME to honor You. Make their lives a gift of Your love to a hurting world. EXTENSION OF MORNING The ACTING PRESIDENT pro tem- Much like the gift of Bishop Gilbert BUSINESS pore. Under the previous order, the leadership time is reserved. Earl Patterson, Lord, we thank You Mr. REID. Mr. President, I ask unan- and praise You for his life and witness. imous consent that there be an extra 30 f Today, comfort the millions who are minutes for morning business. mourning his death. We humbly pray The ACTING PRESIDENT pro tem- MORNING BUSINESS these things in the Name of Him who pore. Without objection, it is so or- The ACTING PRESIDENT pro tem- was in the beginning and will be in the dered. pore. Under the previous order, there end. Amen. will now be a period for the transaction f f of morning business until 3:30 p.m., with Senators permitted to speak PLEDGE OF ALLEGIANCE SCHEDULE therein for up to 10 minutes each, with The Honorable MARK L. PRYOR led the time equally divided and controlled Mr. REID. Mr. President, this after- the Pledge of Allegiance, as follows: between the two leaders or their des- noon, the Senate will be in a period for I pledge allegiance to the Flag of the ignees. United States of America, and to the Repub- morning business. At 3:30 p.m., the lic for which it stands, one nation under God, Senate will proceed to consideration of f indivisible, with liberty and justice for all. the supplemental appropriations bill, RECOGNITION OF THE MINORITY f H.R. 1591. As I announced earlier, there will be no rollcall votes today. This LEADER APPOINTMENT OF ACTING week is slated to be the last week of The ACTING PRESIDENT pro tem- PRESIDENT PRO TEMPORE the work period prior to the Easter re- pore. The Republican leader is recog- The PRESIDING OFFICER. The cess. However, we must work toward nized. clerk will please read a communication finishing the supplemental before we Mr. MCCONNELL. Mr. President, I to the Senate from the President pro can do this, and I am going to be meet- wish to make a brief statement, but I tempore (Mr. BYRD). ing in the next few minutes with the believe the majority leader may have The bill clerk read the following let- distinguished Republican leader to see one as well. ter: if that is possible to do. Mr. REID. Please, go ahead.

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

S3727

.

VerDate Mar 15 2010 22:26 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2007SENATE\S26MR7.REC S26MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3728 CONGRESSIONAL RECORD — SENATE March 26, 2007 EMERGENCY SUPPLEMENTAL sign it without delay. I urge my col- and unless we figure out some way to APPROPRIATIONS BILL leagues to put an end to this unfortu- restore that vegetation, that land is Mr. MCCONNELL. Mr. President, the nate and misguided effort to set an ar- going foul, to say the least. That is House of Representatives passed an bitrary date upon which to withdraw what this is all about—farm aid assist- emergency war spending bill on Friday from Iraq and to strip language from ance. Willie Nelson could sing for that includes tens of billions of dollars this emergency spending bill that only weeks about the need for this assist- for projects that have no connection guarantees our troops will have to wait ance to take place in the West. I am whatsoever to the needs of our troops for the help they need and the support not an expert on wheat, corn, rice, and in Iraq and Afghanistan, that tells U.S. they deserve. all those other products—a lot of peo- generals how to do their jobs, and Mr. President, I yield the floor. ple here are—but I am about range- which pulls out of thin air a date for The ACTING PRESIDENT pro tem- lands and what has happened to Ne- evacuating U.S. troops from Iraq. pore. The majority leader. vada. It was meant to send a message to f The bill contains critical money, as I have indicated, for our troops. We need the Commander in Chief, but its only EMERGENCY SUPPLEMENTAL to get the money to them as quickly as real effect is to delay the delivery of APPROPRIATIONS urgent material support to our troops. we can. Our troops are serving under Mr. REID. Mr. President, the first 3 The President has said he will veto any difficult conditions. The Senate will months of the 110th Congress have been legislation that includes a surrender ensure they have everything they need very productive. We have shown the date and which substitutes the judg- to continue this fight as we have done. American people that when Democrats ment of politicians in Washington for Our support, though, for the troops and Republicans work together results the judgment of commanders in the does not stop at funding. We must also flow. It is interesting, when that hap- field. Those who voted for the House ensure our soldiers have a strategy for pens, there are a lot of positives that spending bill on Friday, therefore, success. The Democratic-controlled can be said by both parties. When we knew it had no chance of being ap- Congress is listening to the American don’t accomplish something, there is a proved. It was an empty promise to the people and fighting to give our troops lot of criticism that is shared by both troops. what they need and strategy—strategy The Constitution gives Members of parties. worthy of their sacrifices. That is why Congress a concrete way of expressing This productive work began in Janu- in addition to the much needed changes their opposition to a war, and that is to ary when we passed the ethics bill, the for our troops, the bill also contains a vote against funding it. But House most sweeping reform in the history of strong message for President Bush: Democrats are trying to have it both our country. Next we worked to raise Change course in Iraq. ways: They call their bill a statement the minimum wage for the first time in My friend, the distinguished Repub- against the very war it continues to a decade. After minimum wage, we fin- lican leader, criticized what is in this fund, a promise of support for the ished the fiscal work of the last Con- bill that will be reported to the floor troops that has no chance of being gress, the 109th Congress, by passing a shortly, saying it is not good for the signed. responsible continuing resolution with troops. David Brooks, the very conserv- Who loses out in this strange cal- no earmarks. Then we went to home- ative editorial writer for the New York culus? American soldiers and marines land security and ensured that 5 years Times, said last Friday on the ‘‘Jim deployed in Afghanistan and Iraq and after 9/11, all the recommendations of Lehrer NewsHour’’: This is ridiculous their worried families here at home are the 9/11 Commission will be imple- for anyone to criticize a democracy for the losers. mented. Last week, we passed a bal- debating the most important issue of The Secretary of Defense said as anced budget which includes over $180 the day, the war in Iraq. The very con- much last week. He said delaying the billion in tax breaks for middle-class servative David Brooks said this is approval of funds would slow the train- families and says in the future, if you what democracies are all about. The ing of units already headed into Iraq are going to lower taxes, if you are troops over there know this is good. and reduce the funds available for re- going to increase spending, you have to I have my BlackBerry on my hip. pairs to buildings and equipment. He have some way to pay for it. Ethics, Someone BlackBerried his friend, one said it would force the Army to con- minimum wage, the continuing resolu- of my staff members, who is a full colo- sider cutting funds for renovations to tion, the 9/11 recommendations and the nel in the Army National Guard out in barracks and cut off repairs to equip- budget—it is a record of which all of us Nevada. He keeps in touch with his ment that is needed to support troop can be proud. But, of course, we have friends. He said what happened in the deployment training. so much more to do. From stem cell to House and what we put in our bill is The House brushed these concerns immigration to energy, there are chal- good for the troops—this is a soldier e- aside to express a point of view. But lenges ahead, and this week the Senate mailing my friend from Iraq—because troops who have been sent into battle will turn its attention to the most it lets the Iraqi Government know we with assurances of support got another pressing challenge of them all—the de- are serious. He went on to say the message: Don’t count on it from us. bacle of Iraq. deadline is important for the Iraqi peo- Some have said the Senate version of Today we begin consideration of the ple and the soldiers, and the Iraqi peo- the war spending bill is more palatable. 2007 supplemental appropriations bill. ple know that. They say this because its date for with- This legislation includes more than Secretary Gates, when asked about drawal is only a goal. They think that $121 billion. The vast majority—90 per- this timeline, provisions in the bill re- by retaining this provision, they will cent of it—is for the wars in Iraq and lating to Iraq, said it doesn’t affect the eventually force Republicans to accept Afghanistan. It is also for enhancing troops adversely at all. the notion that battlefield com- military readiness generally, for im- Certainly the troops know we care manders should be tied to arbitrary proving veterans health care—and cer- about them. We give them everything timelines. Believe me, they are wrong. tainly in the wake of Walter Reed and they need. But last week, we entered The week before last, we prevented other scandals regarding how veterans the fifth year of this war. Think about legislation that would have told our are being taken care of, this is cer- that, the fifth year of this war, and enemies the date on which we will give tainly something that is necessary—for there is no end in sight, I am sorry to up. A majority in the Senate showed it national priorities such as rebuilding say. The news this morning, when I won’t approve a bill that shares our the gulf coast and homeland security first got up, was five more soldiers battle plan with the enemy or which and I mention, Mr. President, drought were killed yesterday, 238 this year tells soldiers and commanders how to assistance, farm disaster. alone. March 26, 238 dead Americans, do their jobs. In the western part of the United just like the boy Raul Bravo, from We won’t let timelines be used as the States, because of this global climate Elco, NV. I talked to his mother—237 toll booth for getting aid to the troops, change, we have had millions—I am just like that young man. Three thou- and we need to send the President a speaking directly—millions, not thou- sand two hundred forty-one so far in bill that doesn’t include them so he can sands, but millions—of acres burned, this war—dead Americans—25,000

VerDate Mar 15 2010 22:26 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2007SENATE\S26MR7.REC S26MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 26, 2007 CONGRESSIONAL RECORD — SENATE S3729 wounded. One hospital in Texas has working middle-class families of this pleasure and comfort in what has tran- handled 250 amputations. There are country and also for his responses on spired today with regard to Ireland, 2,000 double amputees as a result of the issue of the war in Iraq, where and I wanted to say so. this war. there should be an opportunity, as we f The war continues to move in the focus on the particular amendment, to THE EMPLOYEE FREE CHOICE ACT wrong direction and yet—instead of get into that in greater detail. But I digging us out of the hole it created in thank him for his very worthwhile Mr. HATCH. Mr. President, on March Iraq—instead of stopping this down- comments this afternoon. 1, the other body passed the horribly ward spiral of destruction—instead of f misnamed ‘‘Employee Free Choice taking the fight to the terrorists who Act,’’ H.R. 800, and we may soon be attacked us on September 11—this NORTHERN IRELAND PEACE called upon to consider that bill or a White House wants us to keep doing PROCESS similar Senate counterpart. The bill more of the same in Iraq. Mr. KENNEDY. Mr. President, the was steamrolled through the House of In January, President Bush said he leaders of Northern Ireland took an- Representatives in less than a month would escalate the conflict and send other giant step toward lasting peace from its introduction, with only a sin- 21,500 new troops for a few months. Of earlier today when Sinn Fein and the gle day of subcommittee hearings, at course, we were misled on that. We now Democratic Unionist Party reached a which only one expert witness critical know the number is around 30,000, and landmark agreement to share power in of the bill was permitted to testify. It they will be there indefinitely, and the a joint administration to be estab- was considered in the House with only President has said he might ask for lished on May 8. The agreement gives limited amendments allowed to be of- more troops. There is no short-term hope to all who have worked so long fered. Obviously, it is incumbent on us surge, as the President has described. and so hard to bring unionists and na- to make certain the Senate takes the It is more of the same. The President is tionalists together in government on a opportunity for fuller debate on a placing troops in the middle of an Iraqi permanent basis. measure of such wide impact. sectarian civil war. More military solu- Prime Minister Ahern of Ireland and The chairman of the Health, Edu- tions to a problem that General Prime Minister Blair of Britain have cation, Labor, and Pensions Committee Petraeus, our top commander in Iraq, been strong allies for peace. John has scheduled a hearing tomorrow, has said can only be solved politically. Hume and many others have been he- where we will undoubtedly hear how Our commander on the ground in Iraq roes along the way. But the indispen- ‘‘unfair’’ the current unionization sys- has said that only 20 percent of it can sable persons in this historic agree- tem is and how it must be amended to be won militarily. That is not good ment today are Gerry Adams, the lead- allow for greater unionization. I am enough for me. We need to find a new er of Sinn Fein, and Ian Paisley, the sure we will have a full and robust de- way forward. leader of the Democratic Unionist bate in this body. But as we kick off If the President will not listen to the Party. In reaching this agreement, this debate over whether to deny pri- generals, if he will not listen to the they have acted to strengthen democ- vate ballots to workers who wish to American people, who have spoken for racy and create a future of peace and unionize, it is my hope we will be able a new direction, then perhaps he will stability for the future of that troubled to at least hold fast and true to the listen to us, Congress, when we send land. facts. There should be a full debate on him a supplemental bill that acknowl- Today, the people of Northern Ire- these facts. edges reality in Iraq. We must find a land salute them both for reaching this There is ample evidence to indicate new way forward. The President can new day, and the world congratulates that we should be wary of amending swagger all he wants, but we have 3,241 them as well. We know it was not an the National Labor Relations Act, the dead Americans. easy step to take. Their past disagree- NLRA, in a way that would upset the The Iraq measure in this bill changes ments have been intense and deep. The balance in national labor policy be- the mission of U.S. troops from polic- challenges they have faced often tween labor and management and em- ing a civil war to counterterror, train- seemed irreconcilable, and the scars of ployer and employee. We must not rely ing, and force protection. It rejects the the past have often seemed impossible on slogans, anecdotal stories, and ques- notion that this war can be won mili- to heal. Compromises have been dif- tionable secretly commissioned and se- tarily, and it sets a goal of redeploying ficult and painful to achieve. But with lective statistics about alleged unfair our troops by March 2008. It includes a this agreement, Sinn Fein and the DUP labor practices. requirement for a political, diplomatic, have finally taken the essential step of The NLRA and its attendant volumes and economic strategy to be imple- looking forward together—not back- of reported decisions and case prece- mented in conjunction with the rede- ward—and have agreed at long last to dent by the National Labor Relations ployment. work with one another for the future of Board is an extremely complicated, The Iraq language is based on a sim- Northern Ireland. interwoven area of law. Amending it in ple premise: Iraq can be won only po- The eyes of the world will be on them the way the sponsors of H.R. 800 envi- litically. In short, it offers a respon- on May 8. All who care about lasting sion could rip a gaping hole in the pre- sible strategy in Iraq that the Amer- peace and stability look forward to the cise weave of this complex fabric and ican people asked for last November 7— permanent restoration of the Northern have a dramatic impact with many un- a strategy that will enhance our coun- Ireland Government at that time. In a intended consequences. try’s ability to wage war on terror. world where political resolution often It must also be considered that Contrary to what President Bush be- is elusive, these leaders deserve enor- amending the NLRA will not only af- lieves, the key to success in Iraq is not mous credit for giving us hope. fect the welfare of unions, but it will escalating the conflict by adding tens I suggest the absence of a quorum. also have a negative overall impact on of thousands of additional troops to The ACTING PRESIDENT pro tem- workers, employers—especially small trod down the same dangerous road. It pore. The clerk will call the roll. employers—and on the economy and is to find a new way forward. The bill clerk proceeded to call the America’s ability to be competitive in I urge my colleagues to support this roll. a global economy. supplemental. After 4 years of war, our Mr. HATCH. Mr. President, I ask So let us begin the discussion of the troops deserve a strategy to help them unanimous consent that the order for bill. The Employee Free Choice Act is complete the mission so they can come the quorum call be rescinded. designed to increase union member- home. The ACTING PRESIDENT pro tem- ship, which currently stands at 7.4 per- The ACTING PRESIDENT pro tem- pore. Without objection, it is so or- cent of the private sector workforce. pore. The Senator from Massachusetts. dered. The bill would accomplish that Mr. KENNEDY. Mr. President, I wish Mr. HATCH. Mr. President, I listened through an artificial, union-controlled to thank our leader for his comments with interest to the remarks of the dis- ‘‘card check’’ certification procedure in about the progress that has been made tinguished Senator from Massachu- place of the traditional NLRB-super- in the Senate on issues that affect the setts. I do, myself, feel a great sense of vised private ballot election or, as

VerDate Mar 15 2010 22:26 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2007SENATE\S26MR7.REC S26MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3730 CONGRESSIONAL RECORD — SENATE March 26, 2007 some have called it, a secret ballot violation of the NLRA. As this chart nizers can pressure employees to sign election. shows, the proponents of the so-called union authorization cards which are In fact, the bill would radically upset Employee Free Choice Act are asking then presented to the NLRB for certifi- the balance in labor and management the American worker to accept the de- cation of the union as the exclusive and employer-employee relations by nial of access to complete information collective bargaining representative of amending the National Labor Rela- about the union, the denial of a private all of the employees. tions Act in three ways: ballot vote, the inability to decertify a It is important for us to consider First, the bill would mandate union union for at least 28 months after it is that the U.S. Supreme Court has re- representation without a private ballot initially certified, the denial of the peatedly denounced union authoriza- election among employees. The so- right to strike for a better deal after tion cards as being ‘‘inherently unreli- called Employee Free Choice Act man- binding arbitration, potentially the de- able’’ because of the types of peer pres- dates that the NLRB certify a union as nial of an employee’s opportunity to sures, some subtle and some not so sub- the exclusive collective bargaining rep- vote on a contract, and the denial of tle or benign, to sign the cards. In its resentative of employees when the knowing if a union is organizing at 1969 Gissel Packing decision, the Court union has demonstrated that a major- their place of work. acknowledged that the use of author- ity of the employees, 50 percent plus 1, Let us look at that again. The effect ization cards to determine majority have signed union authorization of the Employee Free Choice Act dis- support is unreliable and that private cards—or, in other words, the ‘‘card solves workers’ rights to access to ballot elections are the ‘‘most satisfac- check’’ system without a private ballot complete information about the union, tory—indeed the preferred method of election among employees. to vote in secret, to decertify the union ascertaining whether a union has ma- Not only would this deny employees for at least 28 months, to strike for a jority support.’’ Unions, likewise, prefer a NLRB-pro- the right of private, NLRB-protected better deal—takes that away from tected and supervised private ballot ballot elections on the question of ini- them—to vote on a contract—takes election, at least when they are faced tial union representation, but through that away from them—and to know if with a decertification petition from operation of the NLRB’s current ‘‘cer- union organizing is taking place. It their members to determine whether tification bar’’ doctrine, it would pre- takes their rights away as workers. the union has majority support. That vent employees from challenging the This deceptively named bill has little was demonstrated once again last union’s majority status through a de- to do with employee free choice. In month by union opposition to a pro- certification election for the certifi- fact, it would take away an employee’s posed amendment to apply the ‘‘card cation year. right to choose union representation check’’ provisions of the so-called Em- Secondly, the bill would guarantee through private ballot elections—some ployee Free Choice Act to decertifica- union contracts where the Government say ‘‘secret ballot’’ elections—some- tion elections. That amendment was would impose the wages, the terms, thing the unions have always fought defeated in the House committee’s and conditions of employment for 2 for but now are going to throw away in markup. years if the parties fail to agree after their desire to unionize at all costs. In- As one court stated with regard to 90 days of bargaining and 30 days of deed, it has everything to do with guar- ‘‘card check’’ authorization: mediation. That is because the so- anteeing union organizing to increase It would be difficult to imagine a more un- called Employee Free Choice Act re- union membership, at a time when reliable method of ascertaining the real quires compulsory, binding arbitration unions represent a steadily declining wishes of employees than a ‘‘card check’’ un- of initial union contracts. percentage of America’s private sector less it were an employer’s request for an Specifically, under the so-called Em- workforce. open show of hands. The one is no more reli- ployee Free Choice Act, an employer As you can see clearly from this able than the other. must begin bargaining within 10 days chart, since the modern-day union That is in the NLRB v. Logan Pack- of the union’s demand. Thereafter, if movement in 1935, when you evaluate ing Company of the Fourth Circuit. the union and the employer cannot their percentage of the overall work- It is hard to believe we are seriously considering a bill to deny workers a reach an agreement within 90 days, the force, unions have had good years, up private ballot vote so soon after the contract terms must be submitted to in here, and they have had many bad national elections. It is also incon- the Federal Mediation and Conciliation years. sistent with our Nation’s history of Service for a 30-day period of medi- As that chart clearly demonstrates, promoting private ballot elections for ation. If the FMCS is unable to medi- under the current system of NLRB the disenfranchised members of society ate an agreement between the parties, overseeing private ballot elections in through the suffragette and civil rights then it must refer the initial contract recent years, unions have lost member- movements, especially when we are to an FMCS arbitration panel with the ship. fighting for the opportunity of individ- Currently, I must underscore, union authority to issue a decision that is uals around the world to have the membership stands at 7.4 percent of the binding on the employer and union for democratic right to a private ballot a 2-year period. private sector workforce. Proponents election that is free of intimidation Added to current law, the effect of the Employee Free Choice Act seek and coercion. would be to deny employees the oppor- to turn back time when it comes to the I am reminded of a statement made tunity to approve, or ratify, the terms percentage of the American workforce on January 31 of this year by my long- of the contract. They would be pre- that is unionized and that they want to time friend and colleague from Massa- vented by the NLRB’s ‘‘contract bar’’ be unionized. chusetts on the need for fair elections: from initiating a private ballot decerti- I have no inherent problem with a For too long, we’ve ignored the festering fication election challenging the fairly considered, fairly elected union. problem of deceptive practices intended to union’s continuing majority status for However, this bill attempts to increase intimidate and deceive voters in our na- the 2-year term of the contract. union strength through an artificial, tional elections. . . .’’ Finally, the bill would impose new union-controlled ‘‘card check’’ certifi- Although I am not able to say this antiemployer penalties. These include cation procedure which tosses away the very often, I can say that I am in abso- prioritizing NLRB investigations of un- traditional NLRB-supervised private lute agreement with my friend on that fair labor practice charges alleged to ballot election. point. In every election, whether it is have been committed by an employer Where is the problem we are trying for President, local dog catcher, or during an organizing campaign and to fix? This bill would replace the union organization, we as representa- possibly pursuing injunctive remedial time-honored, NLRB-protected private tives of the people whom we serve have action in Federal Court. ballot election, the traditional system an obligation to ensure our constitu- The proposal also provides for liq- under which workers decide whether to ents’ votes will be cast without fear of uidated damages in the amount of two be represented or not represented by a intimidation. times any back pay found due and union. Instead, the system would be I assert—and I think many also owing and subjects an employer to a supplanted with the mandated ‘‘card would back this up—that a private bal- civil penalty not to exceed $20,000 per check’’ procedure, where union orga- lot election overseen by the NLRB, a

VerDate Mar 15 2010 22:26 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2007SENATE\S26MR7.REC S26MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 26, 2007 CONGRESSIONAL RECORD — SENATE S3731 Government agency, has a better Choice Act mean for our economy? Let truth is that unions won 62 percent of chance to be more free and fair than me read from a recent article written NLRB elections in 2005, the last year one in which it is left to the union or- by Jack and Suzy Welch in the March for which a complete set of statistics ganizers to solicit cards in secret until 12 issue of BusinessWeek magazine. exists. they receive a majority of 50 plus 1. Jack Welch is one of the alltime impor- They claim American workers want What happens to the other 49 percent? tant business leaders in this country. to form unions using a ‘‘card check’’ Are they just disenfranchised? The an- Here is what they had to say: system. The truth is that, according to swer is yes. We know it must sound strange to oppose a recent poll, 79 percent of Americans Under the ‘‘card check’’ system, legislation that promises something as disagree with the elimination of pri- there is no inducement to allow em- motherhood-y as ‘‘free choice.’’ But the title vate ballots when voting in union orga- ployees to make an informed decision, of this bill is pure propaganda. It won’t en- nizing elections. learn all the facts, and hear arguments courage liberty or self-determination in the The President has issued a State- for and against unionization. workplace; more likely it will introduce in- ment of Administration Policy that he timidation and coercion by labor organizers, It is difficult for me to believe we would veto the so-called Employee would be considering a bill which who, after a long slide into near-oblivion, fi- nally see a glorious new route to millions of Free Choice Act if it reached his desk. would mandate that the Government dues-paying members. Their campaign could That should not make us complacent impose wages, terms, and conditions of trigger a surge in unionization across U.S. in the Senate. Even if a veto were nec- employment where the parties, new to industry—and in time, a reversion to the essary, Senate passage of a bill like collective bargaining, have not reached bloated economy that brought America to that which was passed by the House agreement after 90 days. This would de- its knees in the late 1970s and early ’80s and would put us on record in future Con- stroy free collective bargaining and the that today cripples much of European busi- gresses as being against private ballot entire labor law concept of ‘‘impasse’’ ness. If you want to be reminded of what that looks like, drive through Pennsylva- elections for workers in union rep- when the parties are unable to agree. resentation decisions, in support of Under the so-called Employee Free nia’s Lehigh Valley, as we did last weekend, and take a look at all the shuttered fac- Government-imposed wages, benefits, Choice Act, for first contracts, ‘‘im- tories. Steel—like coal, autos, and so many and other terms and conditions of em- passe’’ would be defined as 90 days of other industries in the global economy—paid ployment through union contracts bargaining before the Government the inevitable price of unionization run where workers themselves will be de- steps in. Even basic labor law text- amok. nied a ratification vote. Is that where . . . The advance of the Employee Free books term compulsory binding arbi- we want to be a year or two from now? tration as the ‘‘antithesis of collective Choice Act continues unabated. And so pret- ty soon, if enough business leaders and legis- I, for one, do not believe we as a nation bargaining.’’ should head in that direction, and I These are radical changes in collec- lators don’t stand up, it may well be: Hello urge my colleagues to resist any at- tive bargaining which have little to do again, unions. So long, American competi- tiveness. The change will not happen in- tempt to force unionization on the with employee free choice. In fact, stantly. Companies will fight unions as if American workforce. these amendments would disenfran- their lives depend on it, because they do. But To paraphrase the movie ‘‘The God- chise workers by denying them private given the logistics of the Employee Free father,’’ I believe union bosses have ballot elections and a vote on whether Choice Act, any management campaign is made the American workforce a deal to accept wages, terms, and conditions hobbled. If you can’t be at the kitchen table they can refuse. We must oppose any the Government arbitration panel with the organizers and their hard stares, attempt to pass any iteration of the would impose on them. you probably can’t win. Who would benefit from the passage He sums it up: Employee Free Choice Act, and we must do it on behalf of the American of the so-called Employee Free Choice In those areas where employers have Act? I can tell you. Only unions. They agreed to a ‘‘card check,’’ they have invari- worker. would be virtually guaranteed orga- ably become unionized and many employees Mr. President, I yield the floor. nizing success, increased union mem- unionized against their will with the obliga- EXHIBIT 1 bership, and more union dues. tion of paying dues. [From Business Week, Mar. 12, 2007] As you can see from this chart, over Mr. President, I ask unanimous con- THE UNEMPLOYMENT ACT the past 6 years, unions traditionally sent that the full article be printed in (By Jack and Suzy Welch) win approximately 50 to 60 percent of the RECORD. Are you at all concerned about American NLRB-supervised private ballot elec- The ACTING PRESIDENT pro tem- competitiveness in the future? tions. In contrast, it is reported that pore. Without objection, it is so or- —Srikanth Raghunathan, Irwin, Pa. ‘‘card check’’ elections yield unions dered. Yes. But not for the standard ‘‘the sky is success approximately 80 to 85 percent (See exhibit 1.) falling’’ reasons, like the twin deficits, low- of the time. Who would benefit? I can Mr. HATCH. Mr. President, I assert cost Chinese manufacturing, or intellectual tell you. Only unions. that this is the start of another his- property piracy. We believe those challenges Look at that chart again. ‘‘Union toric Senate debate on national labor will largely be ameliorated by market, polit- policy. It is unfortunate that I have to ical, and legal forces. No, we’re as worried as Win Rates in Elections.’’ The NLRB-su- can be that American competitiveness is pervised election, in 2000, the unions be involved in this because I was raised about to be whacked by something no one won 51 percent; in 2001, the unions won in the union movement. I am one of the seems to be talking about: the Employee 54 percent; in 2002, they won 56 percent; few people who have served in Congress Free Choice Act, which is currently weaving in 2003, they won 57 percent; in 2004, who actually earned a union card, who an insidious path through Congress toward they won 57 percent; in 2005, they won actually became a skilled building becoming law. If it does, the long-thriving 61 percent; and in 2006, they won 61 per- tradesman, who worked in the building American economy will finally meet its cent. construction trade unions for 10 years. match. Where ‘‘card check’’ elections have I believe unions are important, but I You didn’t read wrong. We know it must sound strange to oppose legislation that been held—because the employers have believe they should have to earn their promises something as motherhood-y as agreed to them, I guess, because they membership and not have it given to ‘‘free choice.’’ But the title of this bill is are certainly not law yet; that is why them. pure propaganda. It won’t encourage liberty they are bringing this up—80–85 per- In conclusion, as we enter this de- or self-determination in the workplace; more cent have become unionized even bate, let us not be fooled by the misin- likely it will introduce intimidation and co- though 49 percent of the people in formation from the other side. ercion by labor organizers; who, after a long those companies have had nothing to Take a look at this chart. They claim slide into near-oblivion, finally see a glo- say about it. It is not right. It is not employers coerce employees to vote no. rious new route to millions of dues-paying The truth is that in less than 2 percent members. Their campaign could trigger a the way to go. surge in unionization across U.S. industry— Unions would be guaranteed first of cases is it found that an employer and in time, a reversion to the bloated econ- contracts for a period of 2 years under has inappropriately interfered in a omy that brought America to its knees in this bill. union organizing election. the late 1970s and early ’80s and that today Looking at the big picture, what They claim unions can’t win elec- cripples much of European business. If you would the so-called Employee Free tions under the current system. The want to be reminded of what that looks like,

VerDate Mar 15 2010 22:26 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2007SENATE\S26MR7.REC S26MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3732 CONGRESSIONAL RECORD — SENATE March 26, 2007 drive through Pennsylvania’s Lehigh Valley, thentic picture with respect to energy ing on several bills that will help us as we did last weekend, and take a look at independence for our country. When I move forward toward energy independ- all the shuttered factories. Steel—like coal, get up in the morning and think about ence. autos, and so many other industries in the the major issues that are facing our global economy—paid the inevitable price of In the Senate Finance Committee, country, there are three issues which unionization run amok. under the leadership of Senator BAUCUS always come to mind. Make no mistake, We don’t unilaterally and Senator GRASSLEY, we have numer- oppose unions. Indeed, if a company is habit- The first is what is happening in Iraq ually unfair or unreasonable, it deserves and around the world and how we re- ous initiatives on the table that will what it gets from organized labor. But the store America’s greatness and how we create incentives for us to have the problem with unions is that they make a put Humpty Dumpty together again kind of biofuels, solar energy, and the sport out of killing productivity even when with respect to making sure America’s other kinds of energy that will create companies are providing good wages, bene- greatness which we have enjoyed for the new environment for us to be suc- fits, and working conditions. It is not un- cessful in a program on energy inde- common in a union shop to shut down pro- the last two centuries is something we duction rather than allow a nonunion worker enjoy in the 21st century and beyond. pendence. to flip a switch. Only a union or millwright Second are the difficult and impor- For me, when I think about energy, I electrician can do that job! Come on. Compa- tant domestic issues which we are at- see the dawning of a new age for my nies today can’t afford such petty bureauc- tempting to confront today—the issue State of Colorado and also for America. racy or the other excesses unions so often of health care and how we move for- lead to, such as two people for every job and It is a dawning of an age for America ward to create a system of health in- which we ought to embrace with vigor. a litigious approach to even the smallest surance and health care availability for matters. Yes, managers and employees will It is the dawning of the age of a clean all the people of America, an issue sometimes disagree. But in the global econ- energy future for the United States of which continues to confront us. omy, they have to work through those dif- America. One year ago in my State I ferences not as adversaries but as partners. Third, the issue of energy and how we The Employee Free Choice Act undermines look forward. The issue of energy is hosted the first Colorado Renewable that. Here’s how. Currently, when labor or- something many of us in this Chamber Energy Summit. At the summit, there ganizers want to launch a unionization ef- and in the House of Representatives were more than 500 of us brought to- fort, they ask each worker to sign a card as and the White House today will con- gether to talk about our national en- a show of support. If 30% or more employees tinue to work on, which is so impor- ergy policy and the energy opportuni- do so, a federally supervised election can be ties we face in my State. called and conducted with one of the most tant to all of us. revered mechanisms in democracy, the se- With respect to Iraq, we will be fac- We put renewable energy in the head- cret ballot. Thus, employees can vote their ing that issue here in the weeks and lines for Colorado, and we have kept conscience, without fear of retribution from months ahead. I believe strongly there energy at the top of Colorado’s agenda either union leaders or management. is unity in the United States of Amer- for the past year. This last Saturday, 2 By contrast; under the Employee Free ica in terms of our support for our Choice Act, organizers could start a union if days ago, on March 24, 2007, we again troops. I believe there is a long-term summoned the people of Colorado and 50% of employees, plus one more worker, desire for us to make sure what we do sign cards. That’s right—no more secret bal- we had over 1,000 people who attended is establish stability in the Middle lot. Instead, employees would likely get a a summit at the Colorado Convention East. phone call with a pointed solicitation, or Center. We were joined in that summit worse, a home visit from a small team of or- I believe all of us want to make sure by my colleague Senator WAYNE ganizers. You can just imagine the scenario. we are doing everything we can do to The organizers sit around the kitchen table support our troops. Nonetheless, the ALLARD, by Colorado Governor Ritter, and make their case, likely with a lot of pas- debate will occur here on this floor this the mayor, six Members of the U.S. sion. Then they slide a card in front of the week and beyond. It is an important House of Representatives, the president employee with a pen. Who would say no? debate. It is a debate that involves per- of the Colorado Senate, the speaker of Who could? the Colorado House of Representatives Now, union supporters will tell you that haps the most important issue of our they won’t intimidate employees for votes, time. That is the issue of war and and, as I said, more than 1,000 people in and regardless, management intimidates all peace and the debate that is certainly my State who were interested in re- the time by threatening to fire employees appropriate to be held on the floor of newable energy and energy efficiency, who vote union. But the system as it exists the Senate. not only for our State but for the en- has safeguards, including heavy fines against With respect to health care, I am tire country. companies that misbehave and automatic pleased with the efforts the Senate Fi- Because of the work we have taken new elections. nance Committee and the HELP Com- Still, the advance of the Employee Free on in the last year in Colorado, today mittee are undertaking, with the lead- Choice Act continues unabated. And so pret- we have a Colorado Renewable Energy ership of Senator BAUCUS and Senator ty soon, if enough business leaders and legis- collaboration. That laboratory is an in- KENNEDY and others, as we try to ad- lators don’t stand up, it may well be: Hello credible association with the National again, unions. So long, American competi- dress the issue of health care. This tiveness. The change won’t happen instantly. year for sure we will move forward Renewable Energy Lab, the Colorado Companies will fight unions as if their lives with a program that hopefully will ex- School of Mines, Colorado State Uni- depend on it, because they do. But given the pand the coverage of health insurance versity, and the University of Colorado logistics of the Employee Free Choice Act; to the children of America. We think at Boulder. any management campaign is hobbled. If you can’t be at the kitchen table with the orga- about 9 million children in this coun- Even though the ink is not yet dry on nizers and their hard stares, you probably try today who have no health insur- the formation of the collaboration, can’t win. ance. The expansion of the SCHIP pro- these four great research institutions It’s too bad. In fact, its terrible. And iron- gram is something that is very impor- have already launched a world-class re- ic. First, because the ability to unionize al- tant for all of these children across our search program. It is called the Colo- ready exists in America, thanks to the secret many States who today do not have rado Center for Bioresearch and ballot. And second, because the Employee health insurance. Biofuels. Free Choice Act ultimately only provides a But the other issue, the energy issue, free choice nobody would ever want: how to is one which is winding its way through Colorado’s private sector is moving spend a government issued unemployment forward, too, on a variety of different check. our various committees in the Senate today. In the Agriculture Committee, fronts. First, with respect to wind, Col- The ACTING PRESIDENT pro tem- orado has added over 60 megawatts of pore. The Senator from Colorado. under the leadership of Senator TOM HARKIN, we currently are looking at wind generation in the last 4 years. But f title 9 of the farm bill. We will have a consider what is on the agenda for 2007. ENERGY robust law that will move us forward In 2007, my State of Colorado will add Mr. SALAZAR. Mr. President, I come with a new agenda with respect to agri- another 775 megawatts. That is more to the Senate floor to speak about the culture and energy. than tripling the State’s production of issue of energy and the importance of In the Senate Energy Committee, wind generation. That is an equivalent this Senate and this Congress and this under the leadership of Senators of the generation we get from approxi- country moving forward with an au- BINGAMAN and DOMENICI, we are work- mately two full-fledged powerplants.

VerDate Mar 15 2010 22:26 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2007SENATE\S26MR7.REC S26MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 26, 2007 CONGRESSIONAL RECORD — SENATE S3733 Beyond wind, we have embraced cars in this country. But the driver of 10 to 15 years, if projections continue solar. Since the passage of a citizens’ economics went away when the price of the way they are, and growth continues initiative in Colorado 2 years ago, oil dropped to around $20, $21, $22, $23 the way it is expected to continue, we Colorado’s solar industries have seen a per barrel. Over this last year, we saw will be importing 70 percent of our oil growth of 40 percent every year. The the price of oil get up to $60 and $70 per from foreign countries. State’s first commercial solar elec- barrel, and we saw the price of a gallon If that occurs, then we will continue tricity project will be constructed in come up to $3 a gallon, in some places to compromise the foreign policy, the my native San Luis Valley in 2007. We more than $3.50, $3.60 a gallon, the national security of this Nation in a moved from wind to solar to biodiesel. price of diesel following the same path. manner none of us should ever allow to In 2004, there was no biodiesel produced It became apparent at the time the happen. In fact, it would be a derelic- in the State of Colorado. Today we economic driver was not the only sig- tion of duty for this Congress, for the have three plants in my State that are nificant driver here. Senate, and for this country to allow producing more than 30 million gallons Mr. President, may I inquire as to that to happen. a year, and a fourth plant is ready to the amount of time we have in morning In the latest skirmish with Israel and start operations in the production of business? Lebanon, one has to ask the question biodiesel. The ACTING PRESIDENT pro tem- about where that money was coming We go beyond biodiesel to ethanol. pore. We have 71⁄2 minutes remaining. from that was funding the militia Two years ago we had no ethanol Mr. SALAZAR. May I inquire of my group of Hezbollah in its firing of near- plants in the State of Colorado. Today friend from West Virginia as to wheth- ly 10,000 rockets into the northern city we have three ethanol plants that are er he planned on using any of the time of Haifa in northern Israel. One has to producing 90 million gallons of ethanol, in morning business. ask that question, where was the and we have a fourth plant that will Mr. BYRD. Mr. President, I do have money coming from that would fund come on line in 2007, adding 50 million an amendment, and I will speak to that the 10,000 members of that militia more gallons per year, and several amendment. group called Hezbollah in Lebanon and other plants that are in the planning The ACTING PRESIDENT pro tem- other places around the world? Well, we do not need to look very far stages. pore. If the Senator from West Virginia That is not all. In my State of Colo- does have not objection, we will allow for the answer to that question. You rado, we have moved forward with wind the Senator from Colorado to finish his and I know—you as the Presiding Offi- energy companies, with solar, photo- remarks, and then we will recognize cer are well aware of the security in- voltaic designers, and manufacturers the Senator from West Virginia. terests here in our country—very well that the money creating and funding who are opening facilities in places Mr. BYRD. Very well. the terrorist groups in places such as such as Larimer County. Cellulosic Mr. SALAZAR. Mr. President, so I Lebanon is coming from oil. It is com- ethanol companies, which are engaged am clear on my time, I have about 7 ing from oil we are paying $60 and $70 in research and development, inform us minutes in morning business allocated to me under the current order? a barrel for today. within 2 years they will be at a point So the very national security of our where cellulosic ethanol will be avail- The ACTING PRESIDENT pro tem- pore. That is correct. country requires us, it demands of us, able in the commercial markets. and we can do no less than to move for- We have hybrid vehicle manufactur- Mr. SALAZAR. Mr. President, let me ward with an agenda that grasps the ers who are doing the technology devel- continue with respect to the comments I was making concerning the issue of imperative of energy independence in opment and research in my State, hy- our world. That energy independence energy. brid and plug-in vehicle battery manu- will come about with great opportuni- facturers, engine efficiency research If you think about the 1970s and the 1980s, it was the economy that was at ties as we look at a clean energy future companies, such as German manufac- for America. We will be able to derive the root of what we were trying to do turers in El Paso County and Colorado jobs and create the kind of national to develop solar energy and wind en- Springs. economic security we need in the There is a whole lot more that is hap- ergy and looking at biofuels and the United States of America. pening with respect to clean renewable like. A lot has changed in those times. The final driver is the issue of global energy in my State of Colorado. We There is tremendous interest and a tre- warming. The debate is about whether have a long road ahead of us, but we mendous amount of energy being spent global warming is an issue that needs have found our stride and we know the in each of our committees here in the to be confronted in the United States destination. We want America to be Senate and the House of Representa- of America, the debate that was being the world’s center for renewable energy tives and in the White House and the held several years ago. But I would research, for development and for pro- Department of Energy on a clean en- imagine most people in the United duction. I want my State to play a sig- ergy future for America. States of America today are saying it nificant role as we embrace that agen- Some people will ask the question is important for us to confront this da. today: Well, is this another short-lived issue. Let’s be clear about what is hap- agenda in the same way it was in the In fact, as we are opening this day in pening with respect to energy in the 1970s and the 1980s? When you look at the Senate, Senator BINGAMAN and United States of America. Some of us the charts and you see what we were Senator DOMENICI are holding a hearing need to remind ourselves it was not so investing in clean energy technology with members of the European Union long ago when President Nixon and back in the 1970s and 1980s, it was sig- on the issue of global warming. Things then President Carter later on said we nificantly higher than what we are in- have changed. Things have changed needed to embrace a new ethic of en- vesting in the 1980s and the 1990s and from the 1970s and the 1980s and the ergy independence. This was in the the early 2000s. 1990s when America slept, and the only 1970s, some 35, 40, 45 years ago when we I submit that things have changed factor that was driving us to energy were talking about the importance of because the drivers today are not only independence was the volatility of the energy independence, frankly, because the economic drivers of our time. markets. of the economics that were driving it Today when we look at the energy Today the driver is national security. at the time. There was great concern issues we face in our world, it is not We cannot afford to compromise our with respect to the formation of OPEC just about the volatility of the energy national security by continuing to be and with respect to the volatility of markets we see around the world and overdependent, by continuing our cur- markets that could disrupt the Amer- here in the United States, there are rent addiction to foreign oil. We cannot ican economy. two other drivers that are equally as afford to ignore the issue of global We see what happened in response to important. The first of those drivers warming that threatens the future of the leadership in the 1970s where there has to be our national security. When civilization. How we approach those were great investments made in tech- you think about the fact that today we issues and how we develop solutions nologies that would look at alternative are importing about 60 percent of our that bring us to a positive movement fuels that would power our homes and oil from foreign countries, in the next forward is very important.

VerDate Mar 15 2010 22:26 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2007SENATE\S26MR7.REC S26MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3734 CONGRESSIONAL RECORD — SENATE March 26, 2007 The issue of energy is one that can Biodiesel pends on oil and natural gas. We heat with bring America together. To be sure, the In 2004, there was no biodiesel produced in it, we produce lubricants and fertilizers and last 6 years have seen a divided Amer- Colorado. commercial chemicals with it, and we make Today, we have three plants producing plastics and fibers and construction mate- ica on many issues, including Iraq. En- rials from it. The economic competitiveness ergy can bring together Democrats and more than 30 million gallons a year, and a fourth plant ready to start operations. of our economy will be determined in sub- Republicans, progressives and conserv- Ethanol stantial part by how we cope with increasing atives, much as the Energy Futures Co- energy costs. In coming decades, those alition has done in working with all of Two years ago, there were no ethanol economies that develop reliable, affordable plants in Colorado. sources of energy will thrive. Those econo- us. We crafted legislation that we call Today, three plants produce more than 90 Set America Free. It is my hope that mies that remain dependent on imported oil million gallons per year, and a fourth plant and gas will suffer. by the time the Senate finishes for the will come on line in 2007, adding another 50 But, there is also an economic oppor- year or before we begin the August re- million gallons per year. tunity. There is money to be made in cre- cess, we will have legislation that is bi- And that’s not all. We have locally based: ating new energy technologies, and there is partisan in nature, that will move us Wind energy companies money to be made in using them. America forward with a new energy future for Solar photovoltaic designers and manufac- has led the world in developing renewable en- turers ergy technologies, but we have lost much of America. That energy future will be Cellulosic ethanol companies, engaged in one that is bound by a vision of a clean our advantage because other nations have R&D and preparing to build biorefineries been much better at implementing those energy future that includes renewable Hybrid vehicle manufacturers technologies. Solar energy, wind energy, energies, new technologies, and that Hybrid and plug-in vehicle battery manu- biofuels—most of these technologies were goes after the low-hanging fruit of en- facturers originally developed here, but other nations ergy efficiency and addresses the issue Engine efficiency research companies have surpassed us in manufacturing or im- And that’s only the beginning. plementing these technologies. We should of global warming. Colorado’s clean, renewable energy econ- admire the Japanese and the Germans for I ask unanimous consent that a por- omy is on the move. their solar photovoltaics, the Israelis for tion of a speech I gave at an energy We have got a long road ahead of us, but concentrating on solar power, the Danes and summit in Colorado be printed in the we have found our stride and we know our Germans for their advances in wind tech- destination: Colorado will be the world’s cen- RECORD. nology, and the Brazilians for their ethanol, ter for renewable energy research, develop- There being no objection, the mate- but there is no reason for us to import their rial was ordered to be printed in the ment and production. technology when we can manufacture this RECORD, as follows: AMERICA’S ENERGY CHALLENGES equipment right here in America. COLORADO NEW ENERGY SUMMIT—2007 We have come a long way in the past year, ENERGY AND RURAL AMERICA This is the dawning of a new age for Colo- and we should be proud, but we must be real- I believe our economic future depends on rado and America—this is the dawning of the istic about the energy challenges that face our ability to create the energy technologies age of America’s clean energy future! us as a Nation and world. of tomorrow. One year ago, we hosted the first Colorado ENERGY SECURITY AND INDEPENDENCE Nowhere is this more true than in rural renewable energy summit. That 2006 Summit First, energy policy is at the heart of our America. With the advent of new energy brought more than 500 of us together to talk national security. The United States con- technologies—including biofuels, wind and about our national energy policy and Colo- tinues to import much more oil than we solar—rural America can become not only rado’s energy opportunities. We put renew- produce. Nearly two-thirds of our oil supplies our food basket, but also our energy basket. able energy in the headlines for Colorado, come from abroad. And much of that oil, At a time when we have record trade deficits and we’ve kept energy at the top of Colo- comes from unstable and even politically and much of rural America is struggling eco- rado’s agenda for the past year. hostile regions. Our deep dependence on for- nomically, we should be investing in renew- This Saturday, March 24, 2007, over one eign oil means that our national security is able energy from our farms and ranches in- thousand people from Colorado joined us for constantly at risk. Our oil supply lines are stead of importing foreign oil. And let me point out that all our energy Colorado’s New Energy Summit. We were long and fragile. Even worse, our dependence does not have to come from 500 megawatt joined by two United States Senators, the on foreign oil means that we’re sending hun- electric power plants or 100 million gallon a Colorado Governor, the Mayor of Denver, six dreds of billions of dollars overseas, much of year ethanol plants. Big centralized plants Members of the U.S. House of Representa- which flows to regimes that are hostile or will always have their place, but much of our tives, the President of the Colorado Senate, corrupt or both. Indeed, we are funding the energy can come from smaller production the Speaker of the Colorado House of Rep- very regimes that threaten our interests. It plants, whether it’s a small wind farm or a resentatives . . . and more than one thou- is foolish to think we can control our Na- community-owned biodiesel plant. Distrib- sand Coloradans who want more renewable tion’s security if we can’t control our energy energy, improved energy efficiency, and uted generation of electricity and biofuels lifelines. will play a major role in our energy future, greater energy independence. It may be decades before we get the major- One year ago, we talked about attracting and much of that energy production will ben- ity of liquid transportation fuels from renew- efit rural America, both by creating new more energy research projects and more en- able sources, but that doesn’t mean renew- ergy entrepreneurs to Colorado. Today, we sources of income and by reducing the cost ables can’t make a significant difference im- of locally produced and locally used energy. have the Colorado Renewable Energy mediately. We produced nearly five billion GLOBAL WARMING Collaboratory, an incredible association of gallons of ethanol in 2006, biodiesel is on the the National Renewable Energy Lab, the Col- rise and cellulosic biofuels will be in com- The two drivers of national security and orado School of Mines, Colorado State Uni- mercial production by 2009. We can also look economic challenges and opportunities drive versity and the University of Colorado at to other current or emerging technologies— us toward a renewable energy and energy ef- Boulder. And even though the ink is not yet hybrids and plug-in electrics—to reduce our ficiency future. But there is a third driver, dry on the Collaboratory Agreement, these thirst for oil. just as compelling: global warming. Average four great research institutions have already There are a lot of good reasons to turn to temperatures are rising, glaciers and sea ice launched a world class research program: the renewable energy, but I start with this one: are melting, and the overwhelming majority Colorado Center for Biorefining and the most effective step to increase our na- of scientists agree that our use of fossil fuels Biofuels—C2B2. tional security in the twenty-first century is is a significant part of the problem. There is no single solution to this crisis, And Colorado’s private clean energy sector to reduce our dependence on foreign oil. is taking off, too. no silver bullet. But there are lots of options ENERGY AND ECONOMIC SUSTAINABILITY Wind that will contribute to a solution, including The second energy challenge that we face technologies and investments that increase Colorado has added 60 megawatts of wind is economic. We’re not going to run out of oil energy efficiency and conservation. Cur- capacity in the last two years. any time soon, but we’re going to run out of rently available technologies, like fuel-effi- And by the end of 2007, we will add another cheap oil. Oil from new reserves and alter- cient cars and compact fluorescent light 775 megawatts, more than tripling the native sources, like the deep Gulf of Mexico bulbs, reduce energy consumption. Biofuels State’s production of wind power to more reserves and Canadian tar sands, will cost replace billions of gallons of gasoline and than 1,000 megawatts. much more to find, to extract and to refine. diesel, and biofuels reduce the net amount of Solar On top of increased costs, we are going to see greenhouse gas emissions because next Since the passage of Amendment 37, Colo- increasing competition from the rapidly year’s crop will capture the emissions from rado’s solar rooftop industries have seen growing economies qf China and India and this year’s fuels. Once installed, solar and growth of 40% per year. other developing nations. That means de- wind technologies produce electricity with- And the State’s first commercial solar mand pressures on top of supply pressures. out generating any carbon dioxide. electricity project will be constructed in the And it is not just our cars and trucks that And new technologies may enable us to use San Luis Valley in 2007. run on oil—much of our current economy de- some fossil fuels without contributing to

VerDate Mar 15 2010 22:26 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2007SENATE\S26MR7.REC S26MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 26, 2007 CONGRESSIONAL RECORD — SENATE S3735 global warming. IGCC—integrated gasifi- ator Harkin and I agree that good farm pol- The PRESIDING OFFICER (Ms. KLO- cation combined cycle—power plants, for ex- icy means good energy policy in this new BUCHAR). The clerk will call the roll. ample, may allow us to capture the carbon world. The legislative clerk proceeded to I am also enthused by Senator Max Baucus dioxide in coal before it is released to the at- call the roll. mosphere, so that the CO2 can be used or can and my colleagues on the Finance Com- be sequestered deep underground. mittee as we do our part to address the en- Mr. BYRD. Madam President, I ask With creativity and commitment, there ergy challenges of our time. I have intro- unanimous consent that the order for are many actions that we can take that will duced a series of bills that will help us I the quorum call be rescinded. substantially reduce greenhouse gas emis- produce more renewable energy, adopt more The PRESIDING OFFICER. Without sions and help to turn the tide of global energy efficient technologies and combat objection, it is so ordered. warming. global warming. Countless generations of human beings Senate Bill 672 is the Rural Community have in my State enjoyed this beautiful Energy Bonds Act. I support our big wind f planet. But it is not certain that our grand- farms, but we need a lot of small wind farms, children and great grandchildren will be able too, and we need a lot of small biomass and U.S. TROOP READINESS, VET- to enjoy snowcapped peaks, mountain solar and other renewable energy projects. ERANS’ HEALTH, AND IRAQ AC- streams, Colorado skiing, lush green forests This bill will allow small renewable energy COUNTABILITY ACT, 2007 and fields of grain. If we want them to see projects with at least 49 percent local owner- and enjoy Colorado’s beauty and enjoy our ship to qualify for tax-exempt bonds. That The PRESIDING OFFICER. Under State’s natural resources, then we need to will make it easier for locally and commu- the previous order, the Senate will pro- act—now. And what is true for Colorado is nity owned renewable energy projects in ceed to the consideration of H.R. 1591, true for the Nation. Those of us who walk rural and small town America to find inves- which the clerk will report. the Earth today are not solely responsible tors. And local ownership means that more for the fact of global warming—the roots of of the profits from those projects will stay The legislative clerk read as follows: this crisis go back to the Industrial Revolu- on Main Street in Colorado’s small towns. A bill (H.R. 1591) making emergency sup- tion—but it falls to us to do something about I have also introduced the Rural Wind En- plemental appropriations for the fiscal year it. We must not fail. ergy Development Act, Senate Bill 673. This ending September 30, 2007, and for other pur- The three great energy challenges that bill will create a tax credit for every residen- poses. confront us at the dawn of the 21st century tial wind turbine installed and will also The PRESIDING OFFICER. The Sen- are daunting—national security, economic allow for accelerated depreciation on those ator from West Virginia. sustainability and the future of our planet. turbines. For turbines under 100 kilowatts, But we know we can and will confront these there’s a tax credit of $1,500 for each half-kil- AMENDMENT NO. 641 challenges. And part of the solution to each owatt of generating capacity. As I said ear- (Purpose: An amendment in the nature of a of these challenges lies in renewable energy lier, we need more distributed generation, substitute) and efficiency and other clean energy tech- and this bill will help us develop it. Mr. BYRD. Madam President, I send nologies. For the past 25 years, America has I am also working on several other bills to an amendment to the desk. lacked the consistent political leadership encourage renewable energy production and and public commitment to pursue these new energy efficiency investments. The Securing The PRESIDING OFFICER. The technologies, but their time has come and America’s Energy Independence Act will ex- clerk will report. today we can unite America in the spirit of tend the energy tax credit for solar tech- The legislative clerk read as follows: bipartisanship to confront these challenges. nologies and for residential energy efficiency The Senator from West Virginia [Mr. STATE AND LOCAL LEADERSHIP improvements through 2016. If we want man- BYRD] proposes an amendment numbered 641. ufacturers to build these technologies and we Much of the leadership in the areas of re- Mr. BYRD. I ask unanimous consent newable energy and energy efficiency has want homeowners to buy them, we need to create reliable incentives that encourage that reading of the amendment be dis- come from local and state efforts. In Novem- pensed with. ber, 2004, the people of Colorado were the planning and investment. first in the Nation to enact a renewable en- I am also proud to co-sponsor the DRIVE The PRESIDING OFFICER. Without ergy standard by popular vote with the adop- Act with Senator Bingaman and nearly 30 objection, it is so ordered. tion of Amendment 37. Our General Assem- co-sponsors, with equal numbers of Repub- (The amendment is printed in today’s licans and Democrats. The Drive Act stands bly and our new Governor have taken up the RECORD under ‘‘Text of Amendments.’’) for Dependence Reduction through Innova- baton and carried it forward with exciting Mr. BYRD. Madam President, today new programs that will expand wind and tion in Vehicles and Energy. This bill, Sen- ate Bill 339, and other related legislation, we take up a supplemental bill to fund solar power in Colorado. Other states have our troops in the field, to send a strong done the same. will reduce oil consumption by 25% by 2025, impose Federal fleet conservation require- message about the direction of the war ENERGY IN THE 110TH CONGRESS ments, support research on electric vehicles, in Iraq, to improve the veterans and So I applaud and encourage this kind of require the Federal government to purchase defense health care system, to help the state and local leadership, but the ultimate 15% of its electricity from renewable sources success of our new energy policy and our new victims of Hurricane Katrina rebuild, by 2015, and would phase-out incandescent to secure the homeland, and to provide energy economy will also require national light bulbs in favor of more energy efficient leadership in this 110th Congress. technologies. I am hopeful that this bill will emergency relief to farmers impacted I am proud to be a sponsor, with Senator pass in this Congress. by major drought and freezes. We are Chuck Grassley, of Senate Concurrent Reso- I’m also working with other members of now in the fifth year—the fifth year— lution 3 to adopt 25 25 as a national goal. the Senate Energy and Natural Resources of the war, this terrible war. Many of you know about this initiative. The Committee to draft a bill to require the use I was against it. I voted against it. goal is to produce 25% of our total energy of 30 billion gallons of renewable fuels by We are there. We are now in the fifth needs from our farms, ranches and forests by 2020, to increase the funding for bioenergy year of the war in Iraq. The debate the year 2025. Independent studies confirm research and development, and to offer finan- we can achieve that goal. 25 25 makes eco- cial support for renewable fuel production fa- about the war has deteriorated into a nomic sense. Achieving this goal will yield cilities, including cellulosic biofuel plants series of buzz words—preemptive war, over 700 billion dollars in economic activity and biorefineries. mission accomplished, exaggerated in- and create more than 4 million new jobs. A We should all recognize that we are going telligence, inadequate body armor, and combination of energy conservation, energy to be dependent on fossil fuels for a signifi- surges—and on and on. Our job in the efficiency and renewable energy can get us cant portion of our energy for the next sev- Senate is not to look backward but to to our goal. We should establish the 25 25 res- eral decades, so I’m sponsoring legislation to look forward. olution this Congress. conduct a national assessment of our carbon The Constitution clearly gives the As a member of the Senate Agriculture sequestration capacity. As we continue to Committee, I am also working on the 2007 burn fossil fuels, we must find a way to re- Congress the power—yes, it does; it Farm Bill with Senator Tom Harkin and my duce the volume of carbon dioxide released clearly gives the Congress, us, the colleagues on that Committee. This new into the atmosphere. IGCC technology can power—to decide when this Nation Farm Bill will include an expanded Energy achieve its promise only if we can effectively should go to war, and it gives Congress Title that will create new programs and sequester the carbon dioxide that’s captured. the power of the purse, money. Money build upon existing programs to make the CONCLUSION talks. Funding such conflicts is the re- goal of 25 25 achievable. Just two weeks ago, Senator Harkin, Chairman of the Agri- Together, the 110th Congress can lead our sponsibility of the Senate Appropria- culture Committee, traveled to Colorado for State and our Nation to a new energy future. tions Committee, the Senate Appro- two purposes: to visit NREL and to hold a Mr. SALAZAR. I yield the floor and priations Committee. The buck stops Committee hearing on the Farm Bill. Sen- suggest the absence of a quorum. here, and don’t you ever forget it, the

VerDate Mar 15 2010 22:26 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2007SENATE\S26MR7.REC S26MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3736 CONGRESSIONAL RECORD — SENATE March 26, 2007 Senate Appropriations Committee. Be- politics? No, it is not politics. It is FEBRUARY 8, 2007. cause of that power over the purse, it is compassion—compassion. Hon. HARRY REID, Majority Leader, U.S. Senate, Washington, DC. certainly our duty to debate the future Is it politics to help rural America of the war in Iraq. Hon. MITCH MCCONNELL, The bill before the Senate includes a recover from drought and freeze? Is it? Minority Leader, U.S. Senate, Washington, DC. No. It is common sense, do you hear Hon. ROBERT C. BYRD, provision that would give the war a Chairman, Committee on Appropriations, Wash- new direction, and it points the way me, common sense and good econom- ington, DC. out—out, out—of the civil war in Iraq. ics. Hon. THAD COCHRAN, There is no restriction on funding for This bill meets some of the most ur- Ranking Member, Committee on Appropriations, the troops—no restriction on funding Washington, DC. gent needs of our country. It includes DEAR MAJORITY LEADER REID, CHAIRMAN for the troops. We fully fund the needs $1.7 billion to ensure that the VA has of the troops. We do that, yes. In fact, BYRD, SENATOR MCCONNELL AND SENATOR the resources it needs to help the brave COCHRAN: As you prepare to begin work on the bill provides more funds than the men and women wounded in the war. the Emergency Supplemental to fund vital President requested for the Depart- government programs, I implore you to in- ment of Defense, with an increase of The VA needs resources in order to pro- clude the Emergency Farm Assistance Act of $1.3 billion for the defense health care vide first-rate care to profoundly 2007. The Farm Assistance Act provides system, $1 billion for equipping the wounded, terribly wounded, horribly much needed relief to California’s multi-bil- Guard and Reserve, and $1.1 billion for wounded soldiers. We are morally lion dollar agricultural industry, which has military housing. bound—hear me; yes, we are morally suffered devastating losses due to the recent The language in the bill narrows the record setting freeze, as well as the extreme bound, aren’t we, to care for our heat wave in 2006 and flooding in 2005. mission of our troops in Iraq, keeps wounded troops. This is not politics. As you know, on January 11, 2007, an arctic pressure on the Iraqi Government to No. Shame. This is not politics; it is air mass moved into the state and extreme meet benchmarks on national rec- cold air conditions pushed nighttime tem- common decency. onciliation, requires the President— peratures to record and near record lows yes, hear me now; requires the Presi- This bill also includes $3.3 billion throughout the state for the next 8–10 days. dent—to send Congress a phased rede- above the administration’s request for These extreme weather conditions had a dev- ployment plan. It sets a goal for the re- astating impact on California’s agricultural the victims of Hurricanes Katrina, industry, exacting catastrophic losses on our deployment of most of the U.S. troops Rita, and Wilma. The President pro- citrus, avocado, vegetable and strawberry from Iraq by March 31, 2008. poses to pay for the increased costs of crops. Agriculture plays a central role in our This country was not attacked by repairing the existing levees in Lou- local economies, and as a result of the freeze, Iraq on 9/11. There was not a single isiana by cutting the funding that Con- many farm communities and related busi- Iraqi, not one, involved in the devasta- nesses have suffered massive losses. To pro- tion in New York, Washington, and gress provided to improve the capacity vide immediate relief, I directed state agen- Pennsylvania on that fateful day. Ac- of the levees to protect New Orleans cies to make state facilities available to cording to our own Government, the from future hurricanes. Shame. That local agencies for use as warming centers. makes no sense. We also contacted agricultural associations perpetrators of 9/11, Osama bin Laden to ensure that growers were aware of cold and his organization, are alive today The bill provides new resources to re- weather, so that appropriate protective ac- and rebuilding in Afghanistan and pair the levees. We will not follow a tions could be taken. Pakistan at this moment, as I speak, nonsensical strategy of repairing the In response to these dire events, I directed so help me God. Language in this bill the execution of the State Emergency Plan. existing levee system that failed dur- would allow the President to refocus In accordance with Section 401 of the Staf- ing Katrina by cutting funding already our military and our intelligence on ford Act, on January 12, 2007, I proclaimed a the terrorists who actually attacked us appropriated for actual improvements state of emergency for all 58 California coun- to the levee system. We will not. We ties. I also issued additional proclamations on 9/11. to specifically address the impacts of the During the debate on this bill, asser- also include funding for health and freeze on the agricultural industry, small tions will be made, yes, that it is inap- education, for law enforcement, and for businesses and individuals in an effort to ex- propriate to add to this bill funding to transit systems in the gulf region to pedite federal assistance to the counties that meet domestic needs. In fact, the White help rebuild, to bring people back to were hardest hit. I have since requested that House has claimed that efforts to add work, and to bring the region back to the President declare a major disaster for 31 California counties. funding for our veterans, for Katrina life. Not politics, just plain old com- victims, and for homeland security will In spite of these significant efforts to pro- mon sense. tect crops, agricultural communities in Cali- hold hostage the funds for the troops. The bill includes $4.2 billion for agri- fornia have sustained substantial crop losses What nonsense—hear me—nonsense. and unknown long-term tree damage in ex- Just more buzzwords. cultural disaster relief. The agricul- cess of $1.14 billion. With the loss of a major In fact, funding for the war is not the tural economy has been hit with portion of our agricultural crop, thousands only critical need worthy of supple- drought and freezes. In 2006, 69 percent of farmworkers and their families in im- mental funding this year. The war of all counties in the United States pacted counties have been displaced due to job loss and loss of income. Despite the as- must not obliterate every other con- were declared primary or contiguous cern. Last week, the Director of the Of- sistance farmers and ranchers are now re- disaster areas. Fourteen States had 100 ceiving through the United States Depart- fice of Management and Budget, Rob percent of their counties declared dis- ment of Agriculture and the Small Business Portman, said the President would aster areas by the Department of Agri- Administration, more aid is needed. It is veto the bill if the Iraq language and clear that the full impact of this disaster additional spending remain in the bill. culture. wi11 be ongoing and systemic. He said: I commend Senator DORGAN and Sen- The California Delegation has played a We’re disappointed the Senate is allowing ator FEINSTEIN and Senator BOND for critical role in the development of the Farm politics— Assistance Act. I applaud their bipartisan their hard work on this disaster pack- work to provide crucial assistance to our humbug— age. farmers and ranchers in need. To that end, I to interfere with getting needed resources to Madam President, I ask unanimous strongly support the Farm Assistance Act our troops. and its inclusion in the Emergency Supple- Politics? Politics? I ask the Senate, consent that a letter from California mental. The unfolding crisis in our agricul- is it politics to ensure that the VA has Governor Arnold Schwarzenegger re- tural communities requires swift assistance a health care system that can provide questing agricultural disaster assist- and attention. California agriculture lit- first-rate care for the wounded? Is it? ance be printed in the RECORD. erally feeds the nation, and I urge you to in- No. It is a moral imperative—yes, a clude the Emergency Farm Assistance Act of There being no objection, the mate- 2007 as part of the Emergency Supplemental. moral imperative. rial was ordered to be printed in the Thank you for your consideration of this Is it politics to provide critical re- RECORD, as follows: important request. sources to help the gulf region rebuild Sincerely, after Hurricane Katrina? Is it? Is it ARNOLD SCHWARZENEGGER.

VerDate Mar 15 2010 22:26 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2007SENATE\S26MR7.REC S26MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 26, 2007 CONGRESSIONAL RECORD — SENATE S3737 Mr. BYRD. Providing agricultural public. Insisting that U.S. tax dollars AMENDMENT NO. 643 TO AMENDMENT NO. 641 disaster relief is not politics, no. It is are wisely spent is not politics. What is Madam President, I send an amend- good policy. it? It is our duty. Hear me. It is our ment to the desk and ask that it be re- The bill that is before the Senate duty. ported. also includes $2 billion for securing the The Appropriations Committee has The PRESIDING OFFICER. The homeland. In the State of the Union, made careful choices. The White House clerk will report. the President said: assertion that spending in this bill is The legislative clerk read as follows: The evil that inspired and rejoiced in 9/11 is excessive or extraneous or political— The Senator from Mississippi [Mr. COCH- still at work in the world. And so long as humbug. It simply has no foundation. RAN], for himself, Mr. MCCAIN, Mr. LIEBER- that’s the case, America is still a nation at The committee has chosen to provide MAN, Mr. GRAHAM, Mr. WARNER, Mr. STE- VENS, Mr. BROWNBACK, Mr. SHELBY, Mr. war. first-rate care to the war wounded, to CRAIG, Mr. ALLARD, Mr. BENNETT, and Mr. Despite hundreds of innocent people provide resources to help the gulf re- being killed in train bombings in Lon- ENZI, proposes an amendment numbered 643 gion rebuild after Katrina, to improve to amendment No. 641. don, Madrid, Moscow, Tokyo, and homeland security, and to provide agri- Mombai, India, and despite the avia- Mr. COCHRAN. Madam President, I cultural disaster assistance. This is a ask unanimous consent that the read- tion sector remaining at a high ter- good bill. I urge prompt action on this rorist threat level since August, the ing of the amendment be dispensed legislation. with. President did not request one extra Madam President, I yield the floor. dime—not one thin dime—in the sup- The PRESIDING OFFICER. Without Mr. COCHRAN. Madam President, plemental for securing the homeland. objection, it is so ordered. this appropriations bill reported by our This bill includes funding for pur- The amendment is as follows: Committee on Appropriations responds chasing explosive detection systems for AMENDMENT NO. 643 to the President’s request for supple- our airports, for grants to help secure (Purpose: To strike language that would tie mental funding for the Department of our rail and transit systems, and for the hands of the Commander-in-Chief by Defense and other departments and securing our ports and borders. The imposing an arbitrary timetable for the agencies. The bill provides $121.6 bil- withdrawal of U.S. forces from Iraq, there- money is needed now. by undermining the position of American 1 lion in emergency spending. Of this For 5 ⁄2 years, since the attack on 9/ Armed Forces and jeopardizing the suc- 11, this administration has raised fears amount, $102.48 billion is provided to support Iraqi security forces to con- cessful conclusion of Operation Iraqi Free- of another terrorist attack. The admin- dom) istration has announced a high, or or- tinue operations in Afghanistan and to wage the global war on terrorism. In On page 24, strike line 16 and all that fol- ange, threat level for possible terrorist lows through page 26, line 24 and insert: testimony before our Appropriations attacks on eight different occasions. In ‘‘SEC. 1315. BENCHMARKS FOR THE GOVERN- every State of the Union Address, the Subcommittee on Defense, we were MENT OF IRAQ.—’’ President has stoked the fires of fear. told this funding is needed by the end Mr. COCHRAN. Madam President, Periodically, the Attorney General, the of April. this is an amendment to the committee Secretary of Homeland Security, or the I am disappointed the bill contains substitute which is now at the desk. FBI Director helped to fan those language that sets forth a timetable The amendment will strike part of sec- flames. Yet the President consistently for the withdrawal of troops from Iraq. tion 1315 of the bill titled ‘‘Revision of sends to Congress budgets for home- The language amounts to a restate- United States Policy on Iraq.’’ The ma- land security that do not reflect this ment of S.J. Res. 9, which a majority of jority of section 1315 of this act is a re- perceived threat. Rather than spread- Senators voted against, 50 to 48, on statement of S.J. Res. 9, the United ing fear, the administration should be March 15. The Senate has spoken on States Policy in Iraq Resolution of reducing vulnerabilities by doing ev- this issue. Inclusion of this language as 2007. erything it can to deter another at- reported by the Appropriations Com- Two weeks ago, the Senate voted tack. Providing funding to secure the mittee last week will only slow down against adopting S.J. Res. 9 by a vote homeland is not politics; it is an essen- the bill and invite a Presidential veto. of 50 to 48. Section 1315 calls for a tial duty. We need to approve the funding now. prompt transition of the mission in The President’s ‘‘rob Peter to pay Unnecessarily extending this debate is Iraq to a limited mission; a phased re- Paul’’ approach to funding domestic not going to serve the national inter- deployment of U.S. forces from Iraq agencies has real and demonstrably se- ests. I will offer an amendment to within 120 days of enactment of this vere consequences. The failed response strike this language from the bill. act; a goal of redeployment of all U.S. to Hurricane Katrina proved that. The In this bill, the Appropriations Com- combat forces from Iraq by March 31, inability to provide first-class health mittee also approved $14.8 billion for 2008, except for a limited number essen- care to our wounded veterans proved additional emergencies, including $7.9 tial for protecting U.S. and coalition that. But we never learn. billion for continuing the recovery personnel and infrastructure, training, Another important aspect of this bill from Hurricane Katrina. The affected and equipping Iraqi forces, and con- is in the oversight and accountability States are making good progress, slow ducting targeted counterterrorism op- that it mandates. For far too long—far but steady and sure. But additional erations. too long—oversight has been a lost Federal resources are needed. The bill Section 1315 also calls for a classified cause, yes, around this Congress. also includes $1.7 billion for veterans campaign plan for Iraq, including Tough questions are ditched in favor of health care facilities, which signals the benchmarks and projected redeploy- softballs. Honest answers are buried in committee’s continuing interest in en- ment dates of U.S. forces from Iraq. Fi- political spin. This legislation says ‘‘no suring that our veterans receive the nally, it also includes an expression of more.’’ Real oversight is back, and it quality care they deserve. the sense of Congress concerning will not be denied. This legislation I applaud the chairman’s goal, the benchmarks for the Government of makes major investments in inspectors distinguished Senator from West Vir- Iraq, along with a reporting require- general, from the Special Inspector ginia, of completing work on the bill ment by the commander, multinational General for Iraq Reconstruction to in- this week. I am concerned, however, forces, Iraq, which is currently General spectors general for the Department of that the bill is almost $19 billion above Petraeus, to detail the progress being State, the Department of Defense, and the President’s request. We need to be made by the Iraqi Government on the the Department of Justice. Let’s hope sure this spending is necessary and re- benchmarks contained in this section. we can begin to get the waste, fraud, sponsible. I look forward to working This amendment does not remove the and abuse in Government under con- with my good friend from West Vir- sense-of-the-Congress provision that is trol. The legislation presses forward ginia to ensure that this is the case. It important to a number of Senators. I with GAO audits of the use of these is imperative that we provide funding think all Senators share an earnest de- dollars as we try to put an end to the to our troops promptly, and it will re- sire that the Iraqi Government move contractors’ bonanza of big dollars free main my goal to put a bill on the aggressively to undertake the meas- from the prying eyes of Congress or the President’s desk that he can sign. ures necessary to ensure a stable and

VerDate Mar 15 2010 22:26 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2007SENATE\S26MR7.REC S26MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3738 CONGRESSIONAL RECORD — SENATE March 26, 2007 free Iraq. The language to be removed give it a chance to work. This does not funding without the strings attached by my amendment is essentially a re- mean we should not monitor the situa- when we need that money. statement of S.J. Res. 9, which, as I tion or that the plan should not be ad- So the President requested this secu- said, on March 15 Senators defeated by justed as new developments occur, but rity supplemental appropriations bill. a vote of 50 to 48. we need to let the forces move forward The House has acted. The Senate has Before announcing his new plan in to brighten the prospects of stabilizing the bill before us this week. Madam Iraq, the President sought input from Iraq and bringing our troops home. President, this funding bill will do no his top military and civilian advisers, As Commander in Chief, the Presi- good if it has limitations imposed in it along with Members of Congress, for- dent needs our support. I support his that prevent us from carrying out the eign leaders, and other military and efforts and the efforts of our troops. mission, and the President has already foreign policy experts. He acknowl- The Senate should provide the re- said if language that sets a timetable edged there was no easy solution to the sources necessary to accomplish this for the withdrawal of our troops is in- situation in Iraq and the Middle East, mission, and these funds are included cluded, he will be forced to veto the and he determined a temporary deploy- in this bill. Troop levels and missions bill. We understand that. ment of additional U.S. troops in Iraq need to be left to General Petraeus and It makes no sense to me that we to support Iraqi security forces would his commanders who ought to have the would go ahead and pass such a bill, provide a new window of opportunity flexibility to react to the situation on knowing the President will veto it, be- for Iraqi political and economic initia- the ground in determining how to de- cause there would be no way for us to tives to take hold and reduce sectarian ploy troops as needed. Congress should go back and redo it all before the April violence. This plan provides the best not be tying the hands of our com- 15 time, when the troops begin to need hope to bring stability to the country manders or limiting their flexibility to this money. Many have suggested that and to hasten the day when our troops respond to the threats on the battle- this is actually a slow-bleed strategy will come home. field. on the part of some to put a poison pill Earlier this year the National Intel- The inclusion of unnecessarily re- in the bill, forcing the President to ligence Estimate entitled ‘‘Prospects strictive language will ensure a Presi- veto it, knowing it means the troops for Iraq’s Stability: A Challenging dential veto, we are advised. In testi- would not get the money they need Road Ahead,’’ was delivered to the Con- mony before the Appropriations Sub- when they need it. I would rather like gress. The National Intelligence Esti- committee on Defense, we were told to think that this is a genuine point of mate indicated—and I am quoting now that the funding provided by this bill is view on the part of some of my col- from an unclassified version: needed by the end of April. We need to leagues who believe we should put Coalition capabilities, including force lev- speed this funding to our troops, rather strings attached on this funding and els, resources, and operations, remain an es- than slow it down by returning to a de- somehow that will provide a more clear sential stabilizing element in Iraq. If coali- bate already settled by the Senate by a way for us to achieve our mission. I tion forces were withdrawn rapidly during recorded vote. don’t understand it, but I suspect the term of this Estimate— Madam President, I urge the support somebody could argue that. Which is 12 to 18 months— of my amendment. What I would like to do is support we judge that this almost certainly would The PRESIDING OFFICER. The Sen- Senator COCHRAN’s amendment to sim- lead to a significant increase in the scale and ator from West Virginia is recognized. ply strike this language from the bill. scope of sectarian conflict in Iraq, intensify Mr. BYRD. Madam President, I ex- If the President is able to continue to Sunni resistance to the Iraqi government, pect that a number of Senators will carry out the Petraeus plan and we and have adverse consequences for national have funding to do that, we will know reconciliation. want to debate the Iraq amendment to- If such a rapid withdrawal were to take morrow. I look forward to a good de- soon enough whether it will enable us place, we judge that the Iraqi security forces bate on this matter. to achieve the mission. By the sum- would be unlikely to survive as a non- I yield the floor and I suggest the ab- mertime or thereabouts, if it appears sectarian national institution; neighboring sence of a quorum. this surge is not working, then we will countries—invited by Iraqi factions or uni- The PRESIDING OFFICER. The know that as well. laterally—might intervene openly in the clerk will call the roll. What I cannot understand is why conflict; massive civilian casualties and The bill clerk proceeded to call the anybody would want to pull the rug out forced population displacement would be roll. from under the troops just at the time probable; Al-Qaida in Iraq would attempt to use parts of the country—particularly al Mr. KYL. Madam President, I ask it appears the President’s strategy is Anbar province—to plan increased attacks in unanimous consent that the order for beginning to work. When I was there, and outside of Iraq; and spiraling violence the quorum call be rescinded. there was already cautious optimism, and political disarray in Iraq, along with The PRESIDING OFFICER. Without signs of success of the plan—nobody Kurdish moves to control Kirkuk and objection, it is so ordered. wants to declare success or victory, of strengthen autonomy, could prompt Turkey The Senator from Arizona is recog- course, but that those elements of suc- to launch a military incursion. nized. cess continue to be manifested and be It is clear to me that it is in our na- Mr. KYL. Madam President, I wish to reported on. tional interests to support the Presi- speak to the amendment that was laid I ask unanimous consent to have dent’s new strategy, to help provide an down by Senator COCHRAN from Mis- printed in the RECORD, at the conclu- opportunity for political and economic sissippi, an amendment to strike lan- sion of my remarks, a piece by William solutions in Iraq, and for more effec- guage from the bill that is pending be- Kristol and Frederick Kagan from the tive diplomatic efforts in the Middle fore us, language that would inhibit Weekly Standard of April 2, 2007, enti- East region. Of course, we know there the ability of our commanders on the tled ‘‘Wrong on Timetables.’’ are no guarantees of success, but ac- ground to carry out the message we The PRESIDING OFFICER. Without cording to the National Intelligence have asked them to perform in Iraq. objection, it is so ordered. Estimate and the perspective of some As we are all aware, this security Mr. KYL. Madam President, this of our most experienced foreign policy supplemental is designed to provide piece by William Kristol and Frederick experts, maintaining the current money for the conduct of our oper- Kagan tries to take the arguments that course or withdrawal without addi- ations in Afghanistan and Iraq. There have been offered by the opposition in tional stability in Iraq will be harmful is a timetable here. The commanders favor of a timetable and demonstrate to our national interests and to the en- have said they need, by April 15, the why those arguments are incorrect. tire region. beginning part of this funding so they The first of the arguments is that the We need to do what we can to help can carry out the missions we have Iraqi Government needs stimulus by stabilize this situation and bring our asked them to perform. When I was us, or a threat by us, that if they don’t troops home. As a beginning point, for there about a month ago, this message hurry up and do what they are sup- this strategy to work, we should show was given to me over and over when I posed to do, we are going to pull out. a commitment to success. I support the would say: Is there anything I can do This kind of strings attached, there- new initiative and urge the Senate to for you: Senator make sure we get the fore, makes some sense. They point out

VerDate Mar 15 2010 22:26 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2007SENATE\S26MR7.REC S26MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 26, 2007 CONGRESSIONAL RECORD — SENATE S3739 the fact that, first of all, the resolution plaints of al-Sadr. He oversaw the thing gets taken out or at least this itself that was defeated in this body a cleaning out of the Interior Ministry, language, rather than the more dif- week or so ago by a vote of 48 to 50, which was a stronghold that was cor- ficult House language, will be what is that resolution, which would have es- rupting the Iraqi police. He has worked sent to the President. tablished timetables, was defeated, with other coalition leaders to deploy The reality is these are real bullets. among other things, because the Iraqis the Iraqi units pursuant to the Bagh- This is not something with which to have already gotten the message. dad security plan. Interestingly, he has play around. I don’t think we can be It is not so much about sending a also visited the sheik in Ramadi, which voting for something just because message to them as it is about sending is the capital of Anbar Province and maybe in the conference committee we a message to our enemies and to our al- formally the real base of al-Qaida oper- can try to make it a little bit better. lies and to our own troops, which says ations, and has gotten cooperation Madam President, I wish to get to regardless of what you do, we are going with the tribal leaders in that area to this point that will, perhaps, put this to be out by a certain date. The prob- join us in the effort against al-Qaida in perspective. I can’t remember an- lem with the goals and with the spe- and other insurgents. other time in history when the United cifics that are supposed to be achieved, All of this is demonstrating coopera- States in the middle of a war has set a the benchmarks, so-called, in the legis- tion of the Government in Baghdad, deadline and basically told the world: lation is that it matters not how well clearly refuting the notion that some- We will be out by this specific date. To the Iraqi Government performs; we are how the American policy has to be to state the proposition is to illustrate how odd and destructive a proposition still going to be out by a date certain. threaten the Iraqis to cooperate with it is. If someone can come to the floor So it is not the kind of message we us or else we will leave and the only and tell me when this has been done in want to send to the Iraqi Government way to do that is by expressing that the past and when it has had a salutary and, clearly, not the kind we want to through a timetable. Clearly, the Iraqi send to our enemies who simply know effect on the conflict, I would be very Government is cooperating, and setting interested and would certainly be will- they have to just wait us out. arbitrary deadlines would send exactly Another argument is that American ing to listen to how that might have a the wrong message both to our allies positive effect here. But even col- forces would be able to fight al-Qaida, and, of course, to our enemies. and we don’t need to be involved in the leagues on the other side of the aisle We need to express the view to our several months ago expressed them- civil war of the Iraqis. It would take a allies that we will be there to protect selves on the matter of timetables and lawyer to figure that out. You are them when the going gets tough. The deadlines, and they know who they are; going to have to have a lawyer with enemy is not simply going to lie down they acknowledge this is not the way every squad on patrol to figure out and allow this plan to continue to to fight a war. One thing you cannot do whether they are fighting al-Qaida or work. They will fight back. As some- is tell the enemy when you are going to somebody else or what kind of action body said, there are going to be good be leaving because it simply allows the can be taken. It is very hard to distin- days and bad days, but our allies need enemy to wait you out. Nothing has guish whom you are fighting when the to know that we will be there in the changed. That fact still remains, and it fighting is going on. Al-Qaida is defi- bad days and that we won’t set an abso- seems almost inconceivable to me that nitely a problem. What did al-Qaida do? lute deadline for getting out. Members now would be deciding it is They went over to bomb the Golden The other point I made earlier is the now OK to set a deadline and to set Mosque in Samarra, which got the Shi- services need this supplemental appro- timetables. ites to decide they had to provide pro- priations bill, and that is why it is nec- Some might argue that it is just a tection with militias, which went over essary for us to strike provisions of goal, it is not a timetable. But the re- and attacked the Sunnis, who then section 1315, provisions which would ality is there are both embodied in this went over and attacked the Shiites and deny that funding without the strings section which we seek to strike. The achieved the objective that al-Qaida that are attached. beginning phrase is, ‘‘The President wanted: to foment violence among dif- To this point, I also alluded to the shall commence the phased redeploy- ferent factions within the country. fact that section 1315 is internally con- ment of United States forces from Iraq Where do you draw the line against tradictory and self-defeating. As I said, not later than 120 days after the date of fighting al-Qaida and someone else if it provides benchmarks for the Iraqi enactment of the act.’’ That is not a someone else is doing al-Qaida’s bid- leaders to meet and then says it ‘‘maybe,’’ it is not an ‘‘if everything ding? It is a very convoluted propo- doesn’t matter whether they meet goes well’’ or ‘‘if everything doesn’t go sition. Clearly, you cannot have troops them, we are out of here. The resolu- well,’’ it is a ‘‘shall commence’’ rede- there to fight one specific enemy but tion would not send any message that ployment. The goal is ‘‘with the goal of not another, especially when they are is constructive in any way and cer- redeploying by March 31, 2008,’’ but the so difficult to identify. tainly is not changing the behavior of ‘‘shall commence’’ is pursuant to that Finally, some think it is too late, the administration. goal. So you have to start it, and then that we have already lost, and we There are some who might believe you keep going, and your goal is to get might as well figure out a way to get they could support section 1315 because it done by March 31, 2008. The only ex- out. I haven’t heard my colleagues talk it is less restrictive than the House ception is for the limited purposes of that way because, under that scenario, language. Indeed, it is somewhat less leaving troops behind to protect our in- you ought to cut off funding today and restrictive, although essentially a dis- frastructure and coalition personnel, not wait for the 6 or 8 or 10 months tinction without a difference. training and equipping Iraqi forces, and called for under the resolution. As I This bill has to go to conference. conducting targeted counterterrorism said, the Senate defeated the virtually There has been a great deal of discus- operations. identical provision 2 weeks ago. One of sion by pundits and others that the How do you decide how many troops the reasons is because our military is more liberal element in the House of you need to leave behind to conduct making progress. It is finding that, for Representatives is going to insist upon, targeted counterterrorism operations example, in Sadr City, the mayor of at a bare minimum, the language that when virtually everything we are doing Sadr City essentially invited the Iraqi passed the House of Representatives in Iraq right now is counterterrorism? and coalition forces in without a shot which they felt was too moderate to How do you decide we are going to be being fired. The forces of Moqtada al- begin with. We are likely to get change able to cut, say, in half the number of Sadr have either gone underground or in a conference that is language the troops and still be able to effectively disbanded. Al-Sadr himself is believed President will have to veto, language conduct targeted counterterrorism op- to have gone to Iran. Prime Minister which is closer to the House language erations? If you are driving down a Maliki has made it clear he is not than the Senate language. I think, street to conduct a targeted counter- going to relent against the forces of therefore, Senators should not be act- terrorism operation and somebody be- the Sadr army. He has fired the Deputy ing under the illusion that we can go gins firing on you, do you have to ask Health Minister, one of Sadr’s allies. ahead and pass this language and make them whether they are a terrorist be- He has turned a deaf ear to the com- sure that either in conference every- fore you can return fire? Do you turn

VerDate Mar 15 2010 22:26 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2007SENATE\S26MR7.REC S26MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3740 CONGRESSIONAL RECORD — SENATE March 26, 2007 to your lawyer sitting in the humvee What happens when he vetoes the gency which can’t be put in a regular with you: I want to comply with the bill, if this is the form in which we pass appropriations bill? law, so can I shoot back or not? it? We are now beyond April 15, the We are targeting funding for sugar This is ludicrous. We cannot impose time the troops need the money, and beets. I presume I like sugar beets—I these kinds of conditions on our troops yet Congress has still not acted to pro- am not sure—but I don’t think it is an in the middle of combat and expect vide the security supplemental fund- emergency for which we need to spend them to perform their mission safely. ing. The Defense Department now has $24 million. We send the best trained and best to terminate contracts so they can There is another $3 million funding equipped troops into harm’s way, and switch money from this account over for sugarcane, which I understand goes we need to give them the other tool to this account and begin a very costly to one Hawaiian cooperative. they need to prevail; that is, the abil- and time-consuming process of trying Here is something which would ap- ity to carry out their mission as their to make do while Congress makes up peal to all the politicians: $100 million commanders have defined it for them, its mind, to make sure they can get the for security related to the Republican not as it is micromanaged by a bunch money to the troops so they can con- and Democratic Presidential nomi- of lawyers in Washington or Members tinue their operations. nating conventions. Is that next of the Congress. Maybe secretly there are some out month, Madam President? I have for- So, No. 1, this isn’t just a wish that there who hope all of this will gradu- gotten. Nominating conventions would we redeploy. It begins ‘‘shall com- ally reduce the ability of the troops to be in July and August, not of this year mence the phased redeployment not perform their mission so that it be- but the following year—not exactly an later than 120 days after the date of en- comes a proposition where our strat- emergency we need to fund in an emer- actment of this act,’’ and the goal is to egy, even under the best of cir- gency security supplemental to con- have it all done by March 31 of next duct this war. year. That is so destructive in the mid- cumstances, can’t succeed. In other Do my colleagues hear what I am dle of war that I just can’t believe my words, the Petraeus plan fails because saying? Politicians have decided this is colleagues would actually contemplate we couldn’t get the support to the a good train to get on board because it doing that or that they can believe troops when they needed the support. has to move, we have to fund the putting these kinds of limitations on I hope that certainly my colleagues our troops is a realistic way to fight a in the House and Senate will not buy troops. Since it is hard for us to get the war—conducting targeted counterter- into that proposition, will not pull the Senate and the House to act on these rorism operations but not returning rug out from under our troops just items otherwise, we will just try to at- fire against, what, against somebody when it appears this plan is showing tach them to this bill. We will have other amendments to defined as an insurgent, maybe? I don’t signs of success. That slow-bleed strat- try to remove these extraneous mat- understand it, and I don’t know how egy would not only ensure that we ters from this funding bill. But what I many lawyers it is going to take to un- would lose everything we have gained wanted to talk about today was pri- derstand it. Our troops on the ground so far, including the prospect of a suc- marily my concern that if we don’t who are in the middle of a conflict cer- cess, but that our troops would be put strike this section which has the time- tainly are not going to be able to fight in more danger now than they would be tables for withdrawal, then one of two and defend themselves under restric- either by supporting them or simply by things is going to happen: Either the tions such as these, which is, I gather, leaving. It would leave them in a mid- President vetoes the bill and it then precisely why the President says he dle ground, in the middle of a fire but takes us forever to get a clean bill to will have to veto it. without the ability to properly defend That gets me to my last point. I can themselves. the President, with the result that the understand why, Madam President, if Maybe some believe that would force troops don’t have the funding they you felt this was a lost cause, you our hand and just bring them home need and the strategy that is currently would want to just say: Let’s have a anyway, acknowledge defeat, and be working becomes a self-fulfilling vote to get out and be done with it and done with it. I don’t think that is what prophecy for those who say it can’t not fund the troops. But instead, there the American people want. If anybody work because they have denied the are some—and I am not suggesting in is thinking that is the strategy behind funds for it to work, or these provi- the Congress but there are some who this proposition, I think they are not sions remain and, of course, it is im- have talked about this as a very clever only misreading American public opin- possible to conduct operations with strategy. They say the opponents of ion but do not have the best interests these strings attached for our troops. the President and the Congress are of our troops in mind. Either way, it is a heck of a way to going to be able to say they voted to Since that is the rationale behind fight a war. And it illustrates to me support the troops because they voted this resolution, as offered by my col- that we ought not try to micromanage for a supplemental appropriations bill leagues, I am sure that is not the case. this conflict from the Halls of Con- for that purpose, knowing all along, But that is why we need to strike this gress. We have plenty of other things however, that it is a false exercise be- particular section from the bill. that should occupy our time than de- cause it puts restrictions on the troops We will talk later about some other veloping a strategy and the rules of en- fighting the war that they can’t pos- items that need to be stricken as well. gagement for fighting a war when we sibly live with, so the President has to It is amazing to me, and I won’t get have perfectly good people, such as veto it. But he will get the blame, not into all the pork that is in this bill, but General Petraeus who was unani- them. here we have a security supplemental, mously confirmed by this body, to de- Well, that is too clever by half. The emergency funding to support the velop a plan and see to it that it is American people understand this. I troops, and we decide to lard it up with properly executed. We have sent him urge, if any of my colleagues are con- all manner of items that are not emer- over to do it. I suggest we give him and sidering supporting this for that rea- gencies, have nothing to do with sup- his troops the support they need to get son, that they fail to appreciate that porting the troops, but because every- the job done. the American people, yes, would like to body knows this is a must-pass bill, I would support the amendment of bring our troops home, they would like they figure this is a real good oppor- the Senator from Mississippi to strike to see this conflict ended, but, no, they tunity for them to get things in the this section from the bill. do not want it to end with an American bill that might otherwise be very dif- Madam President, I yield the floor. defeat. They do not want to see us de- ficult to pass in the Congress. [From the Weekly Standard, Apr. 2, 2007] feated and, most especially, I can’t Just a couple ideas: $3.5 million re- WRONG ON TIMETABLES imagine anybody who wants to have lated to guided tours of the U.S. Cap- (By William Kristol and Frederick W. Kagan) our troops continue the war for a lim- itol. I am all for guided tours of the Let’s give congressional Democrats the ited duration of time under rules which U.S. Capitol, but is this an emergency? benefit of the doubt: Assume some of them put them in great danger, which is There is $13 million for mine safety earnestly think they’re doing the right thing what this would do. So the President research. I am sure mine safety is im- to insist on adding to the supplemental ap- has to veto it. portant to research. Is this an emer- propriation for the Iraq war benchmarks and

VerDate Mar 15 2010 22:26 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2007SENATE\S26MR7.REC S26MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 26, 2007 CONGRESSIONAL RECORD — SENATE S3741 timetables for withdrawal. Still, their own Iraqis were determined to wage full-scale genuinely adverse effect on the readi- arguments—taken at face value—don’t hold civil war, if the Maliki government were ness of the Army and the quality of life up. weak or dominated by violent extremists, if for soldiers and their families. So I Democrats in Congress have made three Iran really controlled the Shiites in Iraq—if superficially plausible claims: (1) Bench- these things were true, then the new strat- can’t imagine why in the world our col- marks and timetables will ‘‘incentivize’’ the egy would have borne no fruit at all. Maliki leagues on the other side of the aisle, Maliki government to take necessary steps would have resisted or remained limp as be- the new majority, would want to risk it would prefer to avoid. (2) We can gradually fore. Sadr’s forces would have attacked. Coa- that. withdraw over the next year so as to step out lition casualties would be up, and so would This supplemental is necessary to of sectarian conflict in Iraq while still re- sectarian killings. But none of these things pay for training and equipping the sol- maining to fight al Qaeda. (3) Defeat in Iraq has happened. Sectarian killings are lower. diers in Iraq and Afghanistan. If ap- is inevitable, so our primary goal really has And despite dramatically increased oper- proved, the supplemental will pay for to be to get out of there. But the situation in ations in more exposed settings, so are Iraq is moving rapidly away from the as- American casualties. This does not look like military operations in Iraq and Af- sumptions underlying these propositions, hopelessness. ghanistan, repairing and replacing and their falseness is easier to show with Hope is not victory, of course. The surge equipment damaged or destroyed in each passing day. has just begun, our enemies are adapting, combat, and new technologies to pro- (1) The Iraqi government will not act re- and fighting is likely to intensify as U.S. and tect U.S. servicemembers. This last sponsibly unless the imminent departure of Iraqi forces begin the main clear-and-hold provision includes a new generation of American forces compels it to do so. Those phase. The Maliki government could falter. body armor, better armored vehicles, who sincerely believe this argument were But it need not, if we do not. Unfortunately, horrified by the president’s decision in Janu- four years of setbacks have conditioned and countermeasures against impro- ary to increase the American military pres- Americans to believe that any progress must vised explosive devices. IEDs have ence in Iraq. It has now been more than ten be ephemeral. If the Democrats get their way caused about 70 percent of the casual- weeks since that announcement—long and Gen. Petraeus is undermined in Con- ties in Iraq. The supplemental also will enough to judge whether the Maliki govern- gress, the progress may indeed prove short- provide funding for training and equip- ment is more or less likely to behave well lived. But it’s time to stop thinking so hard ping the Iraqi and Afghan security when U.S. support seems robust and reliable. about how to lose, and to think instead In fact, since January 11, Prime Minister forces. about how to reinforce and exploit the suc- If this supplemental appropriations Nuri al-Maliki has permitted U.S. forces to cess we have begun to achieve. The debate in sweep the major Shiite strongholds in Bagh- Washington hasn’t caught up to the realities bill is not passed by April 15, the mili- dad, including Sadr City, which he had or- in Baghdad. Until it does, a resolute presi- tary will be forced to consider the fol- dered American troops away from during op- dent will need to prevent defeatists in Con- lowing: curtailing and suspending erations in 2006. He has allowed U.S. forces gress from losing a winnable war in Iraq. home station training for Reserve and to capture and kill senior leaders of Moktada Mr. CORNYN. Madam President, I Guard units; slowing the training of al-Sadr’s Mahdi Army—terrifying Sadr into ask unanimous consent to speak for up units slated to deploy next to Iraq and fleeing to Iran. He fired the deputy health Afghanistan; cutting the funding for minister—one of Sadr’s close allies—and to 15 minutes. turned a deaf ear to Sadr’s complaints. He The PRESIDING OFFICER. Without upgrading and renovating the barracks oversaw a clearing-out of the Interior Min- objection, it is so ordered. and other facilities that support qual- istry, a Sadrist stronghold that was cor- Mr. CORNYN. Madam President, I ity of life for our troops and their fami- rupting the Iraqi police. He has worked with agree with the Senator from Arizona lies; and stopping the repair of equip- coalition leaders deploy all of the Iraqi that the consequences of playing poli- ment necessary to support predeploy- Army units required by the Baghdad Secu- tics with this important funding for ment training. This is what Secretary rity Plan. In perhaps the most dramatic our troops is simply the wrong strat- of Defense Robert Gates has said on move of all, Maliki visited Sunni sheikhs in egy; that what we have is a game of March 22, 2007. Ramadi, the capital of Anbar province and chicken between the House of Rep- If the supplemental is not passed by formerly the base of al Qaeda fighters and other Sunni Arab insurgents against his gov- resentatives, which is larding up a sup- May 15, the military will be forced to ernment. The visit was made possible be- plemental appropriations bill with a consider the following: reducing the re- cause Anbar’s sheikhs have turned against al bunch of extraneous pork, and the pair work done at Army depots; delay- Qaeda and are now reaching out to the gov- President, recognizing that there are ing or curtailing the deployment of bri- ernment they had been fighting. Maliki is nonsecurity provisions in that supple- gade combat teams to their training reaching back. U.S. strength has given him mental appropriations, has said if that rotations. This, in turn, will cause ad- the confidence to take all these important and the timetable for withdrawal from ditional units in theater to have their steps. (2) American forces would be able to fight Iraq is included as part of this emer- tours extended because other units are al Qaeda at least as well, if not better, if gency supplemental, he will veto it. So not ready to take their place. Delaying they were not also engaged in a sectarian this is a high-risk game of chicken, the formation of new brigade combat civil war in Iraq. The idea of separating the with the impact of delaying passage of teams; implementation of civilian hir- fight against al Qaeda from the sectarian the supplemental being felt directly by ing freeze; prohibiting the execution of fighting in Iraq is a delusion. Since early our troops on the ground, if that is in new contracts and service orders, in- 2004, al Qaeda in Iraq (AQI) has sought to fact the result. cluding service contracts for training plunge Iraq into sectarian civil war, so as to Last week, Secretary Gates made events and facilities; and, finally, hold- critically weaken the government, which is clear the consequences of not quickly fighting it. AQI endeavors to clear Shiites ing or canceling the order of repair out of mixed areas, terrorize local Sunnis passing the supplemental funding nec- parts to nondeployed units in the into tolerating and supporting AQI, and essary to support our troops. The Army. thereby establish safe havens surrounded by downstream effects will directly im- All of these, according to Secretary innocent people it then dragoons into the pact our soldiers, sailors, marines, and of Defense Robert Gates, on March 22, struggle. Now, heartened by the U.S. com- airmen. By not moving expeditiously 2007. mitment to stay, Sunni sheikhs in Anbar to pass a clean supplemental bill that When the new majority took over have turned on AQI. In response, AQI has can pass the Senate and be signed by Congress, they promised change. In begun to move toward Baghdad and mixed the President, the majority risks ex- fact, the first bill passed in the Senate areas in Diyala, attempting to terrorize the locals and establish new bases in the result- tending the tours of our troops sched- was an ethics bill that, in part, helped ing chaos. The enemy understands that uled to come home from Iraq and slow- improve transparency in the way we chaos is al Qaeda’s friend. The notion that ing the repair of equipment necessary spend taxpayers’ money in Washington. we can pull our troops back into fortresses in to equip them, as well as the training While that ethics bill remains in limbo, a climate of chaos—but still move selec- of Iraqi soldiers who are designed to re- the 110th Congress has returned to the tively against al Qaeda—is fanciful. There place them. tried-and-true technique of inserting can be no hope of defeating or controlling al Any delay in funding will not prevent mystery earmarks that have nothing Qaeda in Iraq without controlling the sec- a buildup of security forces in Iraq but, to do with funding our troops or fight- tarian violence that it spawns and relies instead, threaten to dramatically im- upon. ing the war on terror into a war supple- (3) Isn’t it too late? Even if we now have pact forces already on the ground. Sec- mental bill. the right strategy and the right general, can retary Gates has said this kind of dis- During the election season, many on we prevail? If there were no hope left, if the ruption to key programs will have a the other side called the 109th Congress

VerDate Mar 15 2010 22:26 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2007SENATE\S26MR7.REC S26MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3742 CONGRESSIONAL RECORD — SENATE March 26, 2007 the ‘‘do-nothing’’ Congress. The 110th a bright yellow in contrast to those of Which is worse: Leaders offering peanuts Congress is quickly becoming the ‘‘say the Atlantic menhaden, which are for a vote of this magnitude, or Members al- anything and do-nothing Congress’’ grayish. Menhaden range in weight up lowing their votes to be bought for peanuts. when it comes to fiscal discipline. Last to 1 pound or more. At sea, schools of The editorial went on to conclude: week, when the Senate debated the Atlantic menhaden may contain mil- These provisions demean a bill that, if en- budget, the majority spoke of the need lions of members. Common names for acted, would affect the lives of troops in Iraq for fiscal discipline, even as it passed Atlantic menhaden are mossbunkers and Afghanistan, the balance of power in the Middle East and America’s long-term secu- the $700 billion tax hike for taxpayers and fatback. In Florida, yellowfin men- rity. over the next 5 years. haden are called pogies, and are the In short, what we have is that my The chairman of the Senate Budget preferred species for use as strip bait. Committee was quoted as saying: This is important. It talks about the colleagues on the other side of the aisle We have a responsibility to govern, and range, since this is supposedly done as are willing to put money into pet you can’t govern without a budget. part of the Hurricane Katrina relief projects—which may or may not be But governing takes more than sim- measure. It says gulf menhaden range worthy endeavors, we will never ply passing a budget. Governing also from the Yucatan Peninsula to Tampa know—and yet are unwilling to ade- includes the discipline to live within a Bay, FL, with finescaled menhaden quately fund the needs of our military. budget. from the Yucatan to Louisiana—I For all their talk of earmark reform Unfortunately, both the Senate and guess we are getting a little closer now and transparency earlier this year, my the House failed in their first test by to where Hurricane Katrina hit—yel- colleagues seemed to have forgotten all including billions more in the war sup- lowfin menhaden from Louisiana to of that when they put together the sup- plemental than the President re- North Carolina, the Atlantic menhaden plemental appropriations bill. Madam President, I yield the floor, quested. As I mentioned, President ranges from Jupiter Inlet, FL, to Nova and I suggest the absence of a quorum. Bush has already threatened to veto Scotia. The various species of menha- The PRESIDING OFFICER (Ms. STA- the House bill; not all because of the den occur anywhere from estuarine BENOW). The clerk will call the roll. timetable it imposes for our troops’ waters outward to the Continental The bill clerk proceeded to call the withdrawal from Iraq but also because Shelf. roll. the bill is full of pork. It says that menhaden are essentially Mr. ALEXANDER. Madam President, In today’s edition of the Politico, filter feeders, straining microscopic I ask unanimous consent the order for they did a fine job of identifying some plankton, algae, et cetera, from the the quorum call be rescinded. of the most egregious examples of pork water they swim through open- The PRESIDING OFFICER. Without included in the House bill. They high- mouthed. Unlike mullet, they are not objection, it is so ordered. The Senator lighted $5 million for tropical fish bottom feeders. Due to their feeding from Tennessee is recognized. breeders and transporters for losses habits, they must be caught by cast Mr. ALEXANDER. Madam President, from a virus last year; $25 million for netting to be used as live bait. I ask unanimous consent to speak as in spinach that growers and handlers were This is the most interesting part of morning business for up to 8 minutes. unable to market, up to 75 percent of the article. It says: menhaden are not The PRESIDING OFFICER. Without their losses; $60.4 million for the Na- used for human consumption. Most re- objection, it is so ordered. cently, menhaden has begun to be ex- tional Marine Fisheries Service to be f distributed among fishing commu- ploited as a source of omega-3 fatty nities, Indian tribes, individuals, small acid fish oil for commercial human FIRING OF U.S. ATTORNEYS businesses, including fishermen, fish consumption, further threatening men- Mr. ALEXANDER. Madam President, processors, and related businesses, and haden populations. my late friend Alex Haley, the author other persons for assistance to miti- I certainly don’t know what the pur- of Roots, lived his life by 6 words: gate the economic and other social ef- pose is of this $120 million for shrimp ‘‘Find the Good and Praise It.’’ I fects by a commercial fishery failure. and the menhaden fishing industries, thought of those 6 words in connection It also includes $74 million for the but I can’t see in this description, or with the current discussion about the payment of storage, handling, and anywhere else in this legislation, why firing of 8 United States Attorneys. other associated costs for the 2007 crop this is an emergency or why it ought to The Democrats are making political of peanuts to ensure proper storage of be included in an emergency war sup- hay out of these firings at a time when peanuts for which a loan is made, and plemental. If anything, the inclusion of the Senate should be focused on Iraq, the House bill also includes $120 mil- this kind of appropriation in this emer- terrorism, health care costs, excessive lion for the shrimp and menhaden fish- gency war supplemental in the House federal spending, energy independence ing industries to cover consequences of bill trivializes the importance of pro- and keeping our brainpower advantage Hurricane Katrina. viding the money that will help our so we can keep our good jobs here in- Now, I have to confess, even though I troops deployed in Afghanistan and stead of seeing them move overseas. like to fish a little myself, I had never Iraq in harm’s way. U.S. Attorneys have always been po- even heard of menhaden, so I went on Here is what the Senate bill included: litical appointees serving at the pleas- the Internet to something called the $24 million for funding of sugar beets; ure of the president. President Clinton Menhaden Fact Sheet. This is, if you $3 million funding for sugar cane, all of fired them all on his first day in office. will recall, $120 million for the shrimp which goes to a Hawaiian cooperative; Such partisanship is nothing new. and menhaden fishing industries to $100 million for dairy product losses; an Former Attorney General Griffin Bell cover consequences of Hurricane additional $31 million for a 1-month ex- recently said that the custom once was Katrina. Well, as it turns out, accord- tension of the Milk Income Loss Con- for U.S. attorneys simply to vacate ing to the Wikipedia, the free encyclo- tract Program; 13 million for Ewe their offices on the day a new president pedia on the Internet, the menhaden Lamb Replacement and Retention Pro- was inaugurated, knowing that new po- are fish of the—well, I can’t even pro- gram; $115 million for the conservation litical appointees would soon arrive to nounce the Latin phrase, but they are security program; $100 million for take their desks. of the herring family. small agricultural dependent busi- In the summer of 1963, in between my It says here, describing this menha- nesses; $13 million for mine safety first and second year at New York Uni- den that the taxpayer is being asked to technology research; $50 million for versity Law School, I worked in Attor- pay $120 million in this emergency war fisheries disaster mitigation fund. ney General Robert Kennedy’s office as supplemental: to support the gulf men- There is so much pork included in an intern. I was so impressed that, haden and Atlantic menhaden which this supplemental appropriations bill, after graduation, I drove to Chat- are characterized by a series of smaller both in the House version and in the tanooga to apply for a job as an Assist- spots behind the main, humeral spot Senate proposal, that it warranted a ant U.S. Attorney. The interview went and larger scales than yellowfin men- front-page story and editorial in USA fine until the U.S. Attorney for the haden and finescale menhaden. In addi- Today. An editorial in USA Today Eastern District of Tennessee asked tion, yellowfin menhaden tail rays are questioned: about my politics.

VerDate Mar 15 2010 22:26 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2007SENATE\S26MR7.REC S26MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 26, 2007 CONGRESSIONAL RECORD — SENATE S3743 ‘‘I’m a Republican,’’ I said. lawyer-bashing remains fashionable in some come governor before the inauguration set ‘‘Sorry,’’ he said, ‘‘We only hire circles. by the legislature for January 20, 1979. While Democrats.’’ Despite the din of criticism, the truth is Bill Leech, a populist Democrat from Santa that our nation has looked to lawyers for ‘‘But the Attorney General said the Fe, had been in the eye of the storm before, guidance and leadership in times of crisis. he did not relish answering this question. On administration of justice was non-par- An appellate lawyer from Virginia wrote the January 3, 1979, his office issued Opinion No. tisan,’’ I replied. Declaration of Independence. A trial lawyer 79–3 concluding that Republican Governor- ‘‘That word hasn’t gotten down from Illinois signed the Emancipation Proc- elect Lamar Alexander could take the oath here,’’ the U.S. Attorney said. lamation. A former criminal prosecutor led of office and become governor any time after Yet the historic political nature of the citizens of New York during the dark midnight on January 15, 1979. General Leech these appointments is no excuse for the days following the destruction of the Twin decided against releasing the opinion to the excessive partisanship, amateurishness Towers. And it was a Tennessee lawyer who, public immediately. as a member of the Senate Watergate Com- On January 5,1979, Governor Blanton con- and bumbling exhibited by the firing of mittee, helped establish that not even the firmed that he had been notified that he was these eight U.S. Attorneys in the mid- President of the United States is above the a target of the federal grand jury ‘‘clemency dle of the President’s term. The best law. for cash’’ investigation. In addition, the way to put in relief what is wrong with Lawyers and the courts have also been in- United States Attorney for the Middle Dis- these firings is to remember Alex strumental in facilitating orderly transi- trict of Tennessee sent a letter to the parole Haley’s admonition, ‘‘Find the Good tions of governmental power in times of con- board identifying twenty-six prisoners who and Praise It,’’ and point to an example troversy and unrest. Most recently, the na- were implicated in the growing ‘‘clemency of how political appointees can by their tion and the world looked on as lawyers and for cash’’ investigation. Despite these devel- courts resolved the legal disputes sur- opments, Governor Blanton continued to courageous action earn respect for the rounding the 2000 presidential election. Al- joke with the press about his plans to pardon administration of justice. most thirty years ago, two Tennessee law- Roger Humphreys. I have a personal interest in the ex- yers orchestrated one of this country’s most Even though the Attorney General’s opin- ample I offer. Nearly 30 years ago—on unique transitions of governmental power ion was not released to the public until Jan- January 17, 1979—I was sworn into of- right here in Tennessee. My purpose is to re- uary 15, 1979, rumors about the possibility of fice 3 days early as Governor of Ten- count some of what Hal Hardin and Bill an early swearing-in began to circulate on nessee in order to prevent the incum- Leech did in less than twenty-four hours on Capitol Hill. Speaker of the House Ned Ray Wednesday, January 17, 1979. McWherter confirmed that the General As- bent Governor from issuing 52 pardons Governor Ray Blanton’s administration sembly might inaugurate the Governor-elect and commutations to prisoners the FBI was clouded by controversy from its very be- early if Governor Blanton issued any mass believed had paid cash for their release. ginning in January 1975. Many of these con- commutations. Lamar Alexander, an accom- The U.S. Attorney for the Middle troversies involved state prisoners. In Octo- plished lawyer himself, downplayed the At- District of Tennessee, Hal Hardin—a ber 1976, a rumored federal ‘‘clemency for torney General’s opinion. After consulting Democrat appointed by President Car- cash’’ investigation made front page head- privately with the Speaker McWherter and ter—telephoned to ask me to take of- lines when FBI agents raided the office of Lieutenant Governor John Wilder, he stated fice early. Hardin was working with Governor Blanton’s lawyer and seized over that it would be ‘‘totally inappropriate for one hundred files. In August 1977, the Gov- me to assume power wholly on my own ini- the State attorney general, William ernor fired Marie Ragghianti, his hand- tiative.’’ Leech, another Democrat, to arrange picked chairman of the parole board. Ms. Speaker McWherter’s fears were realized the unprecedented early swearing-in. Rigghianti hired Fred Thompson, and litiga- on Monday, January 15, 1979. Around 8:00 Because Hardin and Leech were able to tion followed. p.m. on that cold, rainy evening, Governor rise above partisanship, the Speakers Perhaps the most notorious controversy Blanton returned to his office in the Capitol. of the Senate and House and Chief Jus- involved Roger Humphreys, the son of one of He was joined by his new lawyer and his tice as well as the Secretary of State— Governor Blanton’s political allies, who had Commissioner of Correction, and later by been convicted in 1975 of murdering his Secretary of State Gentry Crowell. Over the also all Democrats—participated in my former wife and her boyfriend. Humphreys course of the next three hours, Governor early swearing-in and the ouster of a shot his two victims eighteen times with a Blanton signed clemency papers for 52 pris- Democratic incumbent Governor. two-shot derringer. Governor Blanton ar- oners, including Roger Humphreys. As he As it turned out, I was the only Re- ranged for Humphreys to become a trustee signed Humphreys’s papers, the Governor publican in the group. and then gave him a job as a state photog- commented, ‘‘This takes guts.’’ Mr. Crowell As then-Speaker of the House and rapher. When questioned, the governor in- replied, ‘‘Yeah, well some people have more later Governor Ned McWherter said, sisted that Humphreys was ‘‘a fine young guts than they’ve got brains.’’ ‘‘We are Tennesseans first.’’ man’’ and bragged that he planned to pardon The press corps quickly learned that Gov- Humphreys before he left office. ernor Blanton was in his office, and the re- The story of January 17, 1979 was re- The reaction to Governor Blanton’s prom- porters were waiting for him when he left cently retold by Judge William C. ise to pardon Roger Humphreys was swift the Capitol after 11:00 p.m. The Governor Koch, Jr., a member of the Tennessee and furious. The Tennessee House of Rep- confirmed that he had signed a number of Court of Appeals, in the March 2007 resentatives passed HJR 271 urging Governor clemency documents, but he was coy about issue of the Nashville Bar Journal. Blanton not to pardon him. A bipartisan how many and for whom. Governor Blanton Judge Koch was on the staff of the committee, chaired by former Governor Win- did not tell the reporters that Rogers State attorney general at that time field Dunn, a Republican, and John Jay Humphreys’s clemency was being hand-car- and later was counsel when I was Gov- Hooker, a prominent Democrat, started a ried to the state prison at that very moment. statewide petition drive to urge the Gov- By the time the Secretary of State con- ernor. ernor not to pardon Humphreys. Governor firmed that Humphreys was among the 52 In the spirit of ‘‘Find the Good and Blanton announced on the eve of the 1978 prisoners receiving clemencies, Humphreys Praise It,’’ I offer for the RECORD Judge general election that ‘‘after prayerful con- had already left the prison a free man. Koch’s article as an example of how sideration’’ he would not pardon Humphreys. News of the 52 late night clemencies hit our system of political appointment of However, two weeks after the election, Gov- like a bombshell on January 16, 1979. State U.S. Attorneys can and should operate, ernor Blanton announced that he had and federal officials—both Democrat and Re- in contrast to the example of the 8 changed his mind and that he was again con- publican—expressed dismay and began look- firings and the response to those sidering a pardon for Humphreys. ing for ways to undo what Governor Blanton The public’s outrage increased during De- had done. The Governor’s office fueled the firings that we are discussing today. cember 1978. The FBI arrested Governor controversy when the Governor’s new lawyer There being no objection, the mate- Blanton’s lawyer in his office at the Capitol announced that Governor Blanton might rial was ordered to be printed in the and charged him with selling pardons. The issue 18 more clemencies, including one ‘‘big RECORD, as follows: lawyer had clemency papers and marked name,’’ before the governor-elect’s inaugura- [From the Nashville Bar Journal, Mar. 2007] money in his possession when we was ar- tion. rested. One week later, Governor Blanton ap- General Leech was in Washington on Janu- THEY WERE TENNESSEANS FIRST peared before a federal grand jury and pro- ary 16, 1979 to argue a case before the United (By Judge William C. Koch, Jr.) claimed as he was leaving the courthouse, ‘‘I States Supreme Court. His pregnant wife had Cries of ‘‘let’s kill all the lawyers’’ have have nothing to hide.’’ also gone into labor. He completed the argu- been heard ever since Shakespeare wrote Governor Blanton’s activities eventually ment and telephoned his office with direc- Henry VI. Some believe that lawyers and prompted Senator Victor Ashe, a Republican tions to modify Opinion No. 79–3 to state judges have caused—or at least contributed from Knoxville, to ask William M. Leech, that a court might hold that the Governor- to—most of society’s ills. Because the legal Jr., Tennessee’s new Attorney General, to elect could only take the oath of office at profession provides such a convenient target, decide whether the governor-elect could be- the scheduled inauguration. General Leech

VerDate Mar 15 2010 22:26 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2007SENATE\S26MR7.REC S26MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3744 CONGRESSIONAL RECORD — SENATE March 26, 2007 arrived in Nashville later that evening and Numerous telephone conversations involv- Courage does not always draw attention to went directly to the hospital. His son was ing Lamar Alexander, Speaker McWherter, itself. Hal Hardin did not attend the inau- born the next morning. Lieutenant Governor Wilder, and General guration. Bill Leech was present but did not It was at this point that Hal D. Hardin, the Leech followed. play a prominent role in the ceremonies. United States Attorney in Nashville, stepped They agreed that bipartisanship was essen- While Lamar Alexander, Ned Ray up to the plate. Hardin, a ‘‘yellow dog’’ Dem- tial and that Tennessee’s citizens should un- McWherter, and John Wilder deserve credit ocrat, had been appointed United States At- derstand that Tennessee’s elected leaders for their personal courage and decisive dem- torney by President Jimmy Carter in July were united in this decision. They decided onstration of bipartisanship, the principal 1977. Prior to that appointment, he had been that the legislative leaders, the constitu- figures in this political drama agree that the the widely respected presiding judge on the tional officers, and the Attorney General- all events of January 17, 1979 would not have un- Circuit Court for Davidson County. In fact, Democrats—should be present at the cere- folded the way they did had it not been for Governor Blanton himself had placed Mr. mony, and they agreed on a statement that Hal Hardin and Bill Leech. These lawyers Hardin on the bench in 1975. Despite Gov- Alexander would read before he took the placed the rule of law and governmental in- ernor Blanton’s protestations that the oath of office. They also decided that the tegrity ahead of political expediency and ‘‘clemency for cash’’ investigation was a par- ceremony should take place in the court- personal reputation. In the words of Speaker room at the Supreme Court Building in tisan Republican conspiracy, Hardin had McWherter, they were Tennesseans first and Nashville and that Chief Justice Joseph been involved with the investigation for their actions sprang from their desire to pro- Henry, also a Democrat, should be invited to more than a year. tect the interests of all Tennesseans, regard- administer the oath of office. Mr. Hardin had learned from a confidential less of party. source that Governor Blanton was preparing Shortly after 5:00 p.m., Speaker to issue clemencies for 18 to 20 more pris- McWherter, Lieutenant Governor Wilder, the Mr. ALEXANDER. I thank the Sen- oners who were implicated in the ongoing constitutional officers, and the members of ator from Washington. I yield the floor. ‘‘clemency for cash’’ investigation. Rather the media walked from the Legislative Plaza f than waiting for events to unfold, Mr. Har- to the Supreme Court. They were joined din, without the knowledge of the FBI or his there by Lamar Alexander, his family, and MORNING BUSINESS staff, telephoned Lamar Alexander on the several of Alexander’s senior advisors. Chief morning of January 17, 1979. He told Alex- Justice Henry administered the oath. The Mrs. MURRAY. I ask unanimous con- ander that he was calling as a Tennessean somber ceremony lasted six minutes. The sent the Senate now proceed to Morn- and explained that he had received reliable press conference that followed lasted much ing Business with Senators allowed to information that Governor Blanton was pre- longer. It was not lost on the media that the speak for up to 10 minutes each. paring to issue additional clemencies, and he new governor was a Republican while most The PRESIDING OFFICER. Without of the other officials involved in the cere- recommended that the Governor-elect con- objection, it is so ordered. sider taking office three days early in what mony were Democrats. One television re- Lamar Alexander later described as a ‘‘swift porter attempted to obtain a partisan com- Mrs. MURRAY. I suggest the absence and secret coup.’’ ment from Speaker McWherter. However, of a quorum. Lamar Alexander had high regard for Hal Speaker McWherter, who would later serve The PRESIDING OFFICER. The Hardin. However, rather than acting on his as Governor with distinction, cut the re- clerk will call the roll. own, he asked Hardin relay the information porter short saying, ‘‘Let me say to you. The bill clerk proceeded to call the to Speaker McWherter, Lieutenant Governor First, I’m a Tennessean, and I think this is roll. Wilder, and General Leech. Hardin placed in the interest of Tennessee regardless of the party.’’ Mr. LIEBERMAN. I ask unanimous separate telephone calls to Speaker consent that the order for the quorum McWherter and Lieutenant Governor Wilder. Just before the ceremony began, General He suggested a meeting among the three of Leech telephoned Governor Blanton to in- call be rescinded. them. Speaker McWherter and Lieutenant form him he was no longer Governor. Fol- The PRESIDING OFFICER. Without Governor Wilder decided against the meeting lowing the call, Governor Blanton com- objection, it is so ordered. plained that ‘‘there was no courtesy ex- because they were concerned that a private f meeting might violate the Sunshine Law. In- tended to me today.’’ Agents of the FBI cir- culated through the Capitol serving grand stead, they asked him to meet with General SUPPLEMENTAL APPROPRIATIONS Leech. Mr. Hardin telephoned General Leech, jury subpoenas on Governor Blanton’s staff. and a short time later, General Leech and Hal Hardin decided not to attend the cere- Mr. LIEBERMAN. Madam President, mony. Rather than remaining in his office, two senior members of his staff met with Mr. I rise to speak in support of the amend- he went for a long drive to be alone with his Hardin in a hotel room across the street ment to strike section 1315 of the sup- thoughts and to reflect on the events of the from the federal courthouse that Hardin had plemental appropriations bill now be- day. rented under an assumed name. Both Hardin As soon as the ceremony ended, several fore the Senate. The motion to strike and Leech understood that they had been senior members of now Governor Alexander’s was proposed earlier today by the Sen- given the responsibility to chart a course of staff made their way to the Capitol to secure ator from Mississippi, Mr. COCHRAN. I action for the leaders of state government. the Governor’s office. They found Governor am honored to be a cosponsor of it. I The discussion was tense and sometime heat- Blanton’s lawyer in his office preparing ed despite their close personal and profes- wish to explain to my colleagues why I clemency papers for 30 more prisoners. Lewis am cosponsoring it. sional relationship. For several hours, they R. Donelson, a Memphis lawyer who had al- reviewed Opinion No. 79–3 and eventually de- ready been named as the new Commissioner This is a bill that is quite necessary termined that the original opinion was cor- of Finance and Administration, refused to to the funding of our military effort in rect. They also discussed how Governor permit the lawyer to leave the building with Iraq and more broadly. The bill has Blanton might react and formulated contin- the papers. When Governor Blanton tele- kind of grown like Topsy and has a lot gency plans. When the meeting concluded, phoned to question his authority, Mr. of other stuff in it. Maybe I am reflect- both General Leech and Mr. Hardin agreed to Donelson replied that he was acting ‘‘by the ing on the fact that I am going to see advise the state officials that the only way authority of the new governor.’’ In response my grandchildren soon. One of my fa- to prevent Governor Blanton from issuing to Governor Blanton’s assertion that he was more clemencies would be for Lamar Alex- still the governor, Mr. Donelson replied, vorite Dr. Seuss books is about ander to take the oath of office immediately. ‘‘Not anymore.’’ Thidwick the moose. Thidwick is a glo- Mr. Hardin returned to his office following A full discussion of the aftermath of the rious moose with large antlers. Various the meeting in the hotel room. General events of January 17, 1979 must await an- creatures in the forest begin to occupy, Leech telephoned Lamar Alexander. He told other day. Governor Alexander appointed ultimately quite unjustifiably, the Governor-elect that despite his earlier Fred Thompson as special counsel to oversee Thidwick’s antlers until they fall off. misgivings about Opinion No. 79–3, he was his Administration’s response to the clem- There are parts of this supplemental now convinced that state law permitted the ency crisis. Governor Alexander’s formal in- Governor-elect to assume office before the auguration took place as planned on January appropriations bill that in my opinion, inauguration and that removing Governor 20, 1979. For the second time, Governor Alex- respectfully, do not belong there. Most Blanton from office was not only appropriate ander took the oath administered by Chief significant of those is section 1315, but necessary. Then General Leech met with Justice Henry in the presence of Speaker which our motion would strike. Speaker McWherter and Lieutenant Gov- McWherter, Lieutenant Governor Wilder and Section 1315 would order a with- ernor Wilder and reiterated what he had told the constitutional officers. While litigation drawal of American troops in Iraq to the Governor-elect. The legislative leaders in the federal and state court would follow, begin 120 days after passage, regardless were convinced that Governor Blanton the transition of governmental power pro- should be removed from office, and Speaker ceeded with bipartisan dignity. Governor of conditions on the ground, regardless McWherter telephoned Lamar Alexander and Alexander announced that ‘‘today ought to of the recommendations of General told him, ‘‘It’s time for leadership . . . We be a happy one because the people and their Petraeus, regardless of the opinions of will support you.’’ government are back together again.’’ our partners in Iraq and throughout

VerDate Mar 15 2010 22:26 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2007SENATE\S26MR7.REC S26MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 26, 2007 CONGRESSIONAL RECORD — SENATE S3745 the region, regardless of whether secu- war, that there are two occasions happening on the ground in Baghdad rity is improving or deteriorating, the which would justify a withdrawal. One and in Anbar Province, to the west, most significant of all. The withdrawal is when the mission is accomplished. under the new security strategy with would be ordered by this section of the When the purpose for which a nation the new troops GEN David Petraeus is bill regardless of whether security was entered a war is accomplished, then implementing. improving or deteriorating on the one withdraws in victory. The second Here is what I hear people saying— ground. It is the wrong measure at the occasion when one would withdraw, this is preliminary, this is early, but it wrong time. Ultimately, it will be a lot based on what is happening on the is encouraging—sectarian fighting be- of sound and fury that signifies noth- ground, not some arbitrary deadline tween Sunni and Shia is down signifi- ing but, more importantly, that accom- set far from the battlefield, would be if cantly in districts in Baghdad where plishes nothing and may do harm. those in charge conclude that it is im- American and Iraqi forces have en- Why do I say it will accomplish noth- possible to achieve the mission, to tered. That means the number of peo- ing? Because everyone in this Chamber achieve the purpose for which the mili- ple killed in sectarian conflict, violent knows that the President of the United tary action, the war, was commenced. acts, death squads in Baghdad is down States could not have been more clear: Then a retreat occurs, a retreat which significantly in those districts where If section 1315 is in this bill and is sent is a retreat in defeat. Iraqi and American forces have entered to his desk, he will veto it. In my opin- As difficult as it has gone in Iraq and and established a presence. as many mistakes as have been made, ion, he should veto it. Everyone in this As security improves, many Iraqi as many setbacks as have occurred, as Chamber knows there are not the votes families that fled from their homes are much as these mistakes and setbacks in either House of Congress to override returning to Baghdad. Moqtada al- have stirred feelings of anger and frus- that veto. So that all that would have Sadr, the head of the Mahdi militia, tration among the American people, been accomplished is a delay in getting who has been so anti-American, has which are totally understandable, jus- essential support to our troops in Iraq disappeared and many of his top lieu- tified, we have not reached the point in and Afghanistan, support they need tenants have been arrested. Iraq, in my considered judgment, where and on which they are counting. That The Government of Prime Minister it is ready for a retreat because we is unacceptable. have lost all hope of achieving our pur- Maliki, the Government in Iraq, has Obviously, Iraq and what has hap- shown the kind of strength and deci- pened there, what is happening now is poses there, which are to create a self- governing, self-sustaining Iraqi Gov- siveness that is an obvious and nec- on our minds. We should discuss it. essary precondition for progress there. There are ways in which we can appro- ernment that will be our ally, particu- larly in the war against terrorism, as I ask my colleagues to consider the priately legislate with regard to Iraq. testimony given to the Homeland Secu- In fact, in this bill before us, there is a opposed to our enemy, and would cre- ate a model, a path, an alternative rity and Governmental Affairs Com- section on benchmarks which estab- path to a better future in the Arab mittee, which I am privileged to chair, lishes for ourselves and for the Iraqi world, the Islamic world, than the last Wednesday by Stuart Bowen, Jr., Government some benchmarks, some death, hatred, and suicidal ambitions the Special Inspector General for Iraqi goals that we have in mind for what of al-Qaida and the other Islamic ex- Reconstruction. Anybody who has fol- they primarily, on their own, should be tremists, such as those who attacked lowed Mr. Bowen’s work knows this is achieving as they move to secure Bagh- us on September 11. a straight shooter. He is not in there to dad and the rest of the country and to We are in a long and difficult war, protect anybody. He is not in there to take control of their own destiny, an and the price paid by our heroic sol- spin. He has told it as he sees it. He has Iraqi Government governing the Iraqi diers and their families has been heavy. been extremely critical of so much of people, which was the aim of our over- I understand the feelings of anger and what has happened in Iraq, particu- throw of Saddam Hussein. frustration among the American peo- larly, obviously, within the jurisdic- The benchmarks are in there, in- ple. But what is not understandable, tion the law gives him as Inspector spired by the good work done by Sen- with all respect, is for Congress now to General, which is to see how our money ator NELSON of Nebraska, Senator let the passions of this moment, in has been spent. He has documented WARNER of Virginia. Senator MCCAIN Washington, obscure what is happening waste in ways that are truly infuri- and I, earlier in the debate on Iraq a at this moment in Baghdad and in ating. couple of months ago, were prepared to Anbar. Our actions should be driven by So when Stuart Bowen says some- introduce an amendment to have such the real-war conditions in Iraq, not by thing encouraging about what he sees benchmarks. So there was constructive the mindset here in Washington. in Iraq, that matters to me, and I be- work that could be done. The bench- So I ask my colleagues to keep their lieve it should matter to others. Last marks in this bill are in the form of a minds open as we begin this very im- Wednesday, before the committee, Mr. sense of Congress. They are a message. portant and, critical debate. Our na- Bowen said the week before he had re- But they are not tied to a deadline. tional security, in my opinion, is on turned from his 15th visit to Iraq. He The measure that passed the House the line in the outcome of this debate. said: last week actually has some bench- The lives of our troops in Iraq and Af- It’s been about twenty months— marks that are tied to triggers that ghanistan are on the line, quite lit- Almost 2 years— would begin withdrawal from Iraq. erally, in the outcome of this debate. President Eisenhower, speaking as a I ask my colleagues to keep their since I have returned from Iraq with a sense of cautious optimism. I have that now. general, once said, now famously be- minds open and to make a judgment as cause it has been quoted often in these to whether this section—ordering a That is significant. Why on Earth— debates about Iraq, and I paraphrase: withdrawal from Iraq within 120 days, with independent testimony from Iraq Anyone who sets a deadline, who ar- regardless of what happens on the that there are preliminary, encour- gues for a deadline to be set in war ground; to be essentially completed by aging signs of the effect of the new doesn’t understand war. March of next year when most Amer- troops, the new plan, the new leader— I believe what General Eisenhower ican troops would be withdrawn, re- why on Earth would we at this time was saying is that war is a dynamic gardless of what is happening on the order a withdrawal of those troops to process, a terrible process, a deadly ground in Iraq—to keep their minds begin within 120 days regardless? process, one we try, through the exer- open as to whether this is the right Why, in the face of these encouraging cise of all our diplomatic strength, to time for such a measure, whether it is developments, would this Chamber de- avoid. But when you are in a war, you the right measure, and whether it has mand that the essence of the plan that have to give some deference not just to any chance to do anything but to send has brought about these encouraging the generals you authorized to be in a mixed message from this Congress, developments should end? Why, just command but to the reality on the particularly to those who are fighting several weeks after confirming GEN ground. War is ever changing. I believe for us. David Petraeus to lead our effort in Eisenhower must have intended, when I ask my colleagues to look from Iraq, would this Chamber block him he said deadlines should not be set in here, for a moment, at what is actually from carrying out the strategy he

VerDate Mar 15 2010 22:26 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\2007SENATE\S26MR7.REC S26MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3746 CONGRESSIONAL RECORD — SENATE March 26, 2007 shaped, is now implementing, and ap- Now, by the way, on the way to fund- I think the Senate has spoken, at pears to be working? ing the war in Iraq, the wisdom of the least the appropriators have spoken. In my opinion, the deadline for with- Senate has added—and it is $21 billion They have said ‘‘yes,’’ it is OK to do drawal from Iraq that is in this bill in the House—about $18.9 billion in a things such as pay for the conventions, now is a deadline for defeat, where vic- wish list. It is a Christmas tree. If each in August, of the Democratic and Re- tory and success are still possible. of us in our own personal lives ran our publican Parties for the additional There are no guarantees, of course, in businesses or our households the way funds that will be needed for police en- war. That is why we adjust our judg- Congress is running the emergency forcement with an emergency bill. Our ments according to what is happening supplemental process, we would do it grandchildren are not going to benefit on the ground. So there are no guaran- for about 1 year. Then we would be from that. The political process today tees that the encouraging first results going to bankruptcy court, and we is. But we put it in this bill because it of the implementation of the Petraeus would be losing the vast majority of means if we put it in this bill, it will plan will continue and go to full suc- our possessions because we would not not be charged against the regular cess—no guarantees. have been deemed to be responsible budget process. It is another way to But I can tell you this: If we adopt an with the assets we had. spend more money. So let’s move more arbitrary order to begin to withdraw There lies the problem. It is the cul- things into the emergency category, so our troops, regardless of what is hap- ture of Congress that thinks we can put we do not have to be responsible when pening on the ground in Iraq in the a hood over the American people’s eyes the rest of the appropriations bills war, it will guarantee failure. That so they will not know what we are come through the Senate. failure will have profound con- about to do in the next 4 or 5 days in Think about this: You have a grand- sequences for Iraq, which I believe will this Chamber. You are going to hear all child sitting on your knee and you say: break up into not just full-fledged civil the reasons in the world why somebody Yes, back in 2007, they had a party in war but the kind of ethnic slaughter needs something, except it is never Minneapolis and in Denver, and they that drew us a decade ago into Bosnia going to be held in contrast to the loss charged it to you. You may get to go to to stop. And we will have withdrawn of the standard of living of our grand- college, you may not, but I just want and be expected to stand by and let it children. Yes, there are agricultural you to know we had a good time at our happen. needs out there we should have funded conventions. How about $100 million Of course, ultimately it will lead to a year ago. for businesses that have under $15 mil- what will be claimed as a victory for The chairman of the Budget Com- lion in revenue a year that have suf- the forces of Islamic extremism, our mittee said when he would get in fered some loss from a drought over the enemies in this war we are fighting. It power, when the Democrats would get last 2 or 3 years. We already have sev- will, in my opinion, ultimately em- in power, they were going to pay for eral organizations within the Federal bolden them to strike us here at home it—except here we have an emergency Government: Farm Service Agency, again. agriculture supplemental bill, a good loan capabilities from the Department So I appeal to my colleagues, as this portion of which is needed but it is not of Agriculture, the Small Business Ad- debate on this amendment to strike be- paid for. There is no offset anywhere ministration. All are qualified to loan gins, let’s have a good debate. That is else in the hundreds of billions of dol- money to businesses that work in the our nature. That is the essence of our lars’ worth of waste in the discre- agricultural area but, no, we set aside. democracy and of this Senate in which tionary side of the budget alone, to re- We expanded the farm program with we are privileged to serve. But I ask duce something else so we can take this bill to give $100 million to small my colleagues, in the end, to step back care of those who need us now. businesses that have been hurt. If you and think carefully about what this There is another aspect to this fund- are not connected to agriculture and section 1315 would bring about, and in- ing bill; that is, the politics that plays you have been hurt, where is the bill to stead of undermining General into it over the debate on the Iraq war. help you? Where does the precedent Petraeus, or at best sending a mixed What we are seeing play out is a dou- stop in terms of your small business? message to him and his troops, let’s ble-edged sword of how do we hurt the What about the fact that gas prices give him and his troops the unified sup- troops in the field by adding things to rose and some auto dealers went out of port and time they need to succeed for a supplemental bill to take care of business? Where is the $100 million for us. them, when there has already been a them? What about the fact that energy I thank the Chair and yield the floor. threatened veto over the bill because it prices have gone up and small business I suggest the absence of a quorum. adds $18.9 billion more than what the profits all across the country have been I withdraw the suggestion of an ab- President asked for to fund the war. severely damaged because if they are sence of a quorum, seeing my friend So as you listen, in the next 4 or 5 energy dependent, their costs have and colleague from Oklahoma now on days, to the Senate debate this bill, risen significantly? Where is the $100 the floor. there are a couple things you ought to million? Where does it stop? Where The PRESIDING OFFICER (Mr. pay attention to, and you ought to ask does it stop that we steal—when do we WHITEHOUSE). The Senator from Okla- yourself the question: Where is the stop stealing from our grandchildren? homa. money coming from to pay for this There is also in this emergency pro- Mr. COBURN. Mr. President, the Sen- bill? Where is the sacrifice from the vision $3.5 million for tours of the Cap- ate is going to take up, tomorrow, in generations today to do what the Mem- itol. An emergency, that we have to rather full detail, an emergency sup- bers of this body want to do? have the money now, otherwise we plemental spending bill. I think it is There is no sacrifice. We are not call- won’t have tours in the Capitol? That real important, first, for the American ing on anybody to sacrifice. What we isn’t right, but that is what is in the people to know what an emergency are saying is: Those unborn, those bill: $3.5 million. Why? So we can have supplemental bill is supposed to be. It young, those who are about to be born, $3.5 million more to play with when we is supposed to be about funding unfore- and the children of those who are get inside the budget now that we are seen problems we could not have an- young, unborn or about to be born are outside the budget. ticipated in the regular appropriations the ones who are going to pay for it. Oh, and I forgot to mention the fact process. For a very small amount of It portends a great moral question of the administration isn’t innocent in this bill, that may be true. our society today: How is it we can to- this either, because the war in Iraq is This bill is $121 billion of your grand- tally turn upside down the heritage of hardly an emergency. As a matter of children’s and great-grandchildren’s this country, the heritage of a country fact, it is in its fourth year. The ad- money. This bill does not have to stay that has been built on the following ministration should know what they within the budgetary limitations Con- premise: ‘‘I am going to work hard. I need. Rather than send a supplemental gress sets on itself. This bill goes out- am going to sacrifice. And I am going up here, it should be in the Defense ap- side every rule we have in terms of con- to serve so that my children and grand- propriations bill. It should have been in trolling the budget, living within our children get ahead’’? Have we become the bill we passed this last year. But means, and it says: Here is a credit such a selfish country that we do not instead, even the administration is card. care about the next two generations? complicit.

VerDate Mar 15 2010 22:26 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2007SENATE\S26MR7.REC S26MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 26, 2007 CONGRESSIONAL RECORD — SENATE S3747 Who is going to stand and speak for tion about where the sacrifice comes The idea behind a half lie is a whole the future against the processes the from to do this. Where does the sac- truth, but it is not. A half truth is a Congress uses today to fund and grow rifice come from? Unfortunately, it is whole lie. the Government, not worrying about going to come from the next 2 genera- So my hope is when we have this de- how we pay for it in the future? Will tions. It is hard to identify what that bate on this bill, this $121 billion bill, you? Will you challenge this process? means, but with $9 trillion of actual America will say: Wait a minute. Why Will you say enough is enough? Will outstanding debt we have now and the aren’t you paying for it? Why aren’t you do your part as a citizen of this $70 trillion of unfunded liability, it you trimming some of the fat? Why country to make a difference, to hold doesn’t take a great imagination to un- aren’t you trimming some of the prob- people accountable here, rather than derstand how that might impact our lems? Why aren’t you doing that? Be- let the continued culture—and I call it children and grandchildren, with high cause it is hard. That is not a good a culture which actually the majority interest rates, lack of ability to afford enough reason to undermine the future party ran on. It is a culture of corrup- a college education, inability to own a of this country. tion. When you do for you and steal home, buy a new car. All of those Mr. President, I appreciate the oppor- from those who are weak and have no things are coming as we continue to tunity to come and speak this evening access or ability to pay it, that is cor- steal the future from our children and and the staff staying here. ruption. It is morally corrupt. It is a our grandchildren. The big government Mr. President, I note the absence of a process by which we undermine the credit card. It is only available because quorum. very foundation upon which our coun- there is a lack of backbone and spine in The PRESIDING OFFICER. The try has become strong. If we continue the Congress to do what is necessary to clerk will call the roll. it, what we will see is a weakened na- give the American people true value The legislative clerk proceeded to tion. from their Government. It is hard. A call the roll. We now have $70 trillion of unfunded lot of people get upset. But I would Mr. REID. Mr. President, I ask unan- liabilities for Medicare, Medicaid, and much rather stand here and try to imous consent that the order for the Social Security. Think about that for a change it now than try to explain to quorum call be rescinded. minute. Go figure out how many zeroes my grandchildren why we didn’t The PRESIDING OFFICER. Without are associated with $1 trillion. If you change it, why we didn’t do that. objection, it is so ordered. had everyone who was worth more than I have some hope the American peo- f $1 billion in the world sell all of their ple are starting to wake up to the assets tomorrow and give every bit of CONCLUSION OF MORNING budgetary gimmicks and processes the BUSINESS that to the U.S. Government, it Congress uses. When they really awak- wouldn’t even pay the interest for 1 en, what they are going to do is change Mr. REID. Mr. President, I ask that year. How is it we can be going down who runs this place. It is going to be morning business be closed. this road? How is it we can be turning real citizen legislators. It is going to be The PRESIDING OFFICER. Without our backs on the principles that made people who care about the future more objection, it is so ordered. us great as a nation—the idea of per- than they care about today. It is going f sonal responsibility even applied to to be people who care about a heritage Senators, and accountability, and U.S. TROOP READINESS, VET- that continues to be and create and ERANS’ HEALTH, AND IRAQ AC- transparency. We are going to hear a hold forth the greatest experiment in lot of stories about what is and isn’t COUNTABILITY ACT, 2007—Contin- freedom that has ever been. Without ued happening with this bill over the next that change, as Will Durant said: 3 or 4 days, but the question I hope the Mr. REID. Mr. President, I ask unan- American people will ask themselves is Great societies are never conquered from imous consent that the substitute without until they rot from within. where is the money coming from? amendment be agreed to, the bill, as Where is the money coming from? If it This is part of the rotting process we amended, be considered as original text is not in a pot somewhere and if it is are going to see over the next 5 days in for the purpose of further amendments, not saved, somebody is going to have the Senate. If people summon courage, and that no points of order be consid- to pay for it. summon long-term viewpoint, summon ered waived by virtue of this agree- This money is coming from the big sacrifice of giving up of themselves, ment; further, that the pending Coch- Visa card of the Federal Government. whether it be position or power so we ran amendment remain in order, not- We are going to ‘‘cha-ching’’ and we can create something better, the coun- withstanding this agreement. are going to say: Grandchildren, you try will be all the better for that. If we The PRESIDING OFFICER. Without have to pay for this war in Iraq, plus don’t, there won’t be a headline that objection, it is so ordered. another $19 billion, because we don’t says: ‘‘Grandchildren hurt by supple- The amendment (No. 641) was agreed have the courage to hold this Govern- mental bill,’’ but it doesn’t mean they to. ment accountable. We don’t even have won’t be. The fact is they will. CLOTURE MOTION the courage to hold ourselves account- It is interesting the accounting that Mr. REID. Mr. President, I send a able. We don’t have the courage to Washington uses. Last year the official cloture motion to the desk. eliminate the duplication, the fraud, number on the deficit was $175 billion, The PRESIDING OFFICER. The clo- and the waste that accounts for over but the real number, the amount the ture motion having been presented $200 billion every year in this $3 tril- debt went up, was $360 billion. If you under rule XXII, the Chair directs the lion budget. There is no courage here are at home and you have a checkbook clerk to read the motion. to face that. We can do oversight hear- and you spend $175 more than you had The assistant legislative clerk read ings, and we have done so. Senator in the checkbook, but at the end of the as follows: CARPER and myself did 46, more than year you charged another $200 on top of CLOTURE MOTION it, you really spent it all, and you went any other committee of Congress, over We, the undersigned Senators, in accord- the last 2 years. What we found was al- into debt for that whole amount. But ance with the provisions of rule XXII of the most $200 billion of either duplicative we don’t do what national accounting Standing Rules of the Senate, do hereby programs, wasteful programs, or out- standards say. We play a game. We move to bring to a close the debate on Cal- right fraud. Yet where is the Congress take the Social Security money and we endar No. 84, H.R. 1591, the emergency sup- offsetting those with this bill? No. It is lessen the effect of what we are doing plemental 2007 appropriations bill. too hard work. You might offend some- through Social Security and 30 some Harry Reid, Robert C. Byrd, Jack Reed, body. The next election is more impor- other trust funds such as the inland Patrick Leahy, B.A. Mikulski, Byron waterway trust fund and several oth- L. Dorgan, Christopher J. Dodd, Dianne tant than the next generation. Being Feinstein, Richard J. Durbin, Chuck here is more important than doing ers, and the retirement of the employ- Schumer, Debbie Stabenow, Barbara what is the best thing for our Nation. ees of the Federal Government that is Boxer, Herb Kohl, Jay Rockefeller, Joe So I hope as we approach this bill, not funded, and we add all that back Biden, E. Benjamin Nelson, Daniel K. the American public will ask that ques- and we make it look better than it is. Akaka, Ted Kennedy.

VerDate Aug 31 2005 04:47 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26MR7.REC S26MR7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S3748 CONGRESSIONAL RECORD — SENATE March 26, 2007 Mr. REID. Mr. President, I ask unan- to make more informed decisions about ADDITIONAL STATEMENTS imous consent that the live quorum medical treatments. under rule XXII be waived. This bill will advance the study of BURLINGTON COMMUNITY HEALTH The PRESIDING OFFICER. Without human genes and their functions to objection, it is so ordered. CENTER better predict patients’ susceptibility ∑ f Mr. HARKIN. Mr. President, this to certain diseases or conditions and spring, the new community health cen- MORNING BUSINESS better customize drugs and medical ter in Burlington, IA, officially opened treatments to meet patients’ unique Mr. REID. Mr. President, I ask unan- for business. Having secured funding needs. By facilitating genomics re- imous consent that there now be a pe- for the center and attended the search, fostering a capable genomics riod for the transaction of morning groundbreaking ceremony last June, I workforce, and encouraging the devel- business, with Senators permitted to know how important this health care opment of high quality genetic tests, speak for up to 10 minutes each. facility is to Burlington and the sur- The PRESIDING OFFICER. Without patients will be better informed about rounding communities. At long last, objection, it is so ordered. the medical care they need. Des Moines County has a permanent, I am proud that North Carolina is a unified medical and dental clinic, f which has been sorely needed for many leader in genomics and personalized S. CON. RES. 21 years. medicine research. Duke University’s This is a truly unique community AMENDMENT NO. 589 Institute for Genome Sciences and Pol- health center. It is housed on the Mr. KYL. The fiscal year 2006 and fis- icy and the University of North Caro- grounds of Southeastern Community cal year 2007 budget resolutions in- lina at Chapel Hill’s Institute for College, and there is an agreement be- cluded an importation reserve fund for Pharmacogenomics and Individualized tween the CHC board and the commu- drugs imported from countries ‘‘with Therapy are both conducting signifi- nity college to allow nursing and strong safety laws.’’ Yet the Dorgan- cant research efforts in this area and health aide students to do some of Snowe amendment omits that lan- support a stronger Federal focus on their training in the center. This gives guage. Does the Senator from New genomics. This legislation will increase the center an edge in recruiting staff, Hampshire agree that under the Dor- Federal support for initiatives at Duke and it gives students hands-on training gan-Snowe amendment, the term ‘‘safe and Chapel Hill—a win-win for North opportunities right there on campus. importation’’ means from countries Carolina and patients. Clearly, this is a win-win-win arrange- ‘‘with strong safety laws’’? ment for the center, for the community Specifically, this bill establishes an Mr. GREGG. Yes. The term ‘‘safe im- college, and for the entire Burlington Interagency Working Group at the U.S. portation’’ means importation only community. from countries with strong safety laws. Department of Health and Human I salute Ron Kemp and others who The additional language ‘‘with strong Services to pull together and accel- had the vision to create this new com- safety laws,’’ which was included in erate genomics research by developing munity health center, and the persist- last year’s budget, was redundant, but standardized terminology and estab- ence to transform their vision into the absence of those words does not lishing quality standards and guide- bricks and mortar. The facility is wel- alter the meaning, in my opinion. lines for the collection, processing, and coming, modern, and well-equipped. ‘‘Safe importation’’ refers to the im- storage of genomic samples and data. The staff members are truly an inspira- portation of prescription drugs from It advances genomics research by es- tion. They have a special passion for countries that require the review of tablishing a national biobanking dis- their work, and take pride in the fact drugs for safety and effectiveness by an tributed database that collects and in- that they are providing first-rate entity of the government of the coun- tegrates genomic data to simplify health care to underserved commu- try; that require the methods used in pooled data analysis. The bill also de- nities. and the facilities and controls used for velops biobanking initiatives at aca- Dr. Martin Luther King, Jr., used to the manufacture, processing, and pack- demic medical centers across the coun- say that ‘‘Life’s most persistent and urgent question is: What are you doing ing of drugs in the country to be ade- try, including biobanks containing bio- for others?’’ The staff members at the quate to preserve their identity, qual- logical specimens. It will improve ge- community health centers of South- ity, purity, strength, and efficacy; that netics and genomics training by devel- east Iowa have answered that question require the labeling and promotion of oping model training programs, resi- in powerful ways. They have com- drugs to be in accordance with the ap- dency curricula and teaching mate- mitted themselves to providing high- proval of the drug and whose valid rials, and by integrating genetics and quality health care to all comers, re- marketing authorization system is genomics into clinical and public gardless of ability to pay. All are wel- equivalent to the systems in the health practice by developing health comed equally. All are served with pro- United States. professional guidelines. fessionalism and excellence. As chair of f The bill will also encourage drug the Health and Human Services Appro- GENOMICS AND PERSONALIZED sponsors and device companies to de- priations Subcommittee, I am 100 per- MEDICINE ACT velop companion diagnostic tests, and cent committed to securing appro- priate funding for community health Mr. BURR. Mr. President, I rise it will improve Federal oversight and regulation of genetic tests by identi- centers all across America. One thing I today to express my support for S. 976, know for certain: Every dollar Con- the Genomics and Personalized Medi- fying which tests require review and which agency—the Centers for Medi- gress appropriates for centers like the cine Act of 2007, which my distin- one in Burlington is a dollar spent care and Medicaid Services or the Food guished colleague from Illinois, Sen- wisely and frugally. It never ceases to and Drug Administration—should have ator OBAMA, and I introduced on March amaze me how their staff members are oversight over specific categories of 23, 2007. Senator OBAMA introduced this able to do so much—and to serve so legislation last year. We have worked tests. It requires the Centers for Dis- many people—with such limited re- together on some revisions, and I am ease Control and Prevention to evalu- sources. proud to join him in cosponsoring the ate direct-to-consumer marketing of I dare say that no one in the health legislation this year. genetic tests to which consumers have care profession faces greater challenges I believe this legislation will help im- direct access and to educate the public than those who choose to work in com- prove the quality and safety of health about genomics and its applications. It munity health centers. These chal- care by providing a better under- also asks the Agency for Healthcare lenges include chronic illness, cultural standing of what causes certain dis- Research and Quality to assess the and linguistic differences, geographical eases. Through a coordinated research clinical utility and cost-effectiveness barriers, and homelessness, to name initiative and safer genetic tests, pa- of companion diagnostic tests that just a few. Nothing stops these dedi- tients and doctors will be empowered guide prescribing decisions. cated professionals.

VerDate Mar 15 2010 22:26 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2007SENATE\S26MR7.REC S26MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 26, 2007 CONGRESSIONAL RECORD — SENATE S3749 And one more thing: community ander Morgan, with whom she has two as Federal judges. In fact, Judge Roy health centers have a well-deserved children, Olguita and Loretta. Olga and served in the same courtroom that her reputation for caring and kindness. her husband were imprisoned in 1960 father presided over for nearly 20 years. They offer a direct and personal style and 1961. Her husband was executed She often mentioned that she could of health care. They follow up. They with the regime proclaiming both he feel his presence, and in a 1996 inter- care about prevention and wellness. and Olga a ‘‘high risk for the revolu- view with the Arkansas Democrat Ga- So I am deeply grateful to Executive tion.’’ Olga was released in 1971, and zette, she noted that ‘‘It’s meant so Director Ron Kemp, to President Bev- after being denied a travel document in much to me to be able to try cases in erly Simone of Southeastern Commu- 1978, she reached the shores of the the same court. I look up there, and he nity College, to the center’s dedicated United States in the 1980 Mariel helps me with the hard cases.’’ board members, to Ted Boesen, execu- boatlift. A gifted athlete who loved sports, tive director of the Iowa/Nebraska Pri- Gladys B. Campaneria Herrera was Judge Roy was a star player for the mary Care Association, and to all the born in Matanzas and raised in Havana. Lonoke High School basketball team other people who made this new facil- Between 1959 to 1963 she fought against in Lonoke, AR, and was a two-time ity possible. They work their hearts the Castro regime, for which she was women’s singles champion at the Uni- out to provide the very best health arrested in 1964 and sentenced to 3 versity of Arkansas. Judge Roy was devoted to both her care to some of our most needy citi- years in prison. While she was in pris- family and her faith. She was a proud zens. I deeply appreciate their passion, on, she suffered greatly. She was re- mother, grandmother, and later in life, their compassion, and their dedication leased and moved to the United States, a great-grandmother. Judge Roy was to public service. where she has lived in New York and also an aunt to many nieces and neph- worked in New Jersey as a reporter for f ews. She was a longtime member of various Spanish media outlets. An avid HONORING LAS PLANTADAS First Baptist Church in Lonoke and writer, Gladys has authored more than ∑ Mr. MENENDEZ. Mr. President, taught Sunday school class when she 150 poems and songs. She continues to lived in Blytheville, AR. According to today I wish to honor Las Plantadas, a fight for a free Cuba. her obituary, Judge Roy gave credit to group of women incarcerated for resist- The inspiring stories of these women, the Lord for her many judicial appoint- ing the dictatorial regime of Cuba for and of the nearly 3000 other Cuban ments, saying, ‘‘I have always felt I nearly half a century. The National As- women who have been imprisoned, tor- have been brought to these positions sociation of Cuban American Women tured, and endured many punishments by the Lord.’’ The center of her faith will gather on Saturday, March 24, 2007, for refusing to accept a dictatorial re- was her favorite Bible verse, Micah 6:8, to honor a group of Las Plantadas— gime are a symbol of the dignity and which reads, ‘‘What does the Lord re- Ana Lazara Rodriguez, Miriam Ortega, courage of women and a reminder of quire of you but to do justice, love Genoveva Felixgraw, Clara Berta Can- the need to continue to fight for mercy, and walk humbly with your ton Gomez, Olga Morgan and Gladys B. human rights around the world. God.’’ Campaneria Herrera—with the Elena There is no doubt that Las Plantadas A truly remarkable woman, Judge Mederos Award during a Women’s His- are exemplary leaders and profoundly Roy received many honors in her life, tory Month Celebration at Schuetzen committed individuals who are role including the Outstanding Appellate Park, in North Bergen, NJ. models for the Nation. Therefore, I am Judge of 1976–1977 by the Arkansas The Elena Mederos Award was insti- pleased to pay tribute to Las Trial Lawyers Association. One honor, tuted by the National Association of Plantadas, and I know my colleagues however, stands out above others. In Cuban American Women in memory of will join in wishing them continued 1976, Judge Roy was chosen as Arkan- Dr. Elena Mederos, 1900–1981, a human success in their quest for human rights sas Democrat’s Woman of the Year, a rights activist, who is considered the and a free Cuba.∑ distinction her mother also earned. She most prominent Cuban woman of the f received a plaque for that honor, and in 20th Century. a 1979 Arkansas Democrat article, Ana Lazara Rodriguez, a doctor, was TRIBUTE TO JUDGE ELSIJANE Judge Roy said, ‘‘If anything is ever imprisoned when she was a 19-year-old TRIMBLE ROY written about me, I want it to contain medical student for participating in ∑ Mrs. LINCOLN. Mr. President, every the words on that plaque. Throughout protests against the Cuban dictator- year during the month of March, we my career, the things written there are ship. She was released in 1979 and trav- honor the women who have made a the things I have lived for.’’ eled to the United States via Costa lasting impact on our country’s history The plaque reads: Rica. In May 1995, she published ‘‘Diary with Women’s History Month. This As a law clerk, lawyer, and trial judge, of a Survivor,’’ a book detailing her ex- month, I want to pay tribute to a true Elsijane Trimble Roy established a reputa- periences while incarcerated. Arkansas pioneer who passed away ear- tion for integrity, intelligence, and inde- Miriam Ortega was born in Ciego de lier this year, Judge Elsijane Trimble pendence. As the first woman on the Arkan- sas Supreme Court, she has become a symbol Avila, Cuba. She was imprisoned for 18 Roy. of pride and inspiration to all women. Judge Roy has been referred to as years for working against the Castro Judge Roy, you have been a source of ‘‘Arkansas’ Lady of Many Firsts.’’ Only regime. She was released and moved to pride and inspiration to all women, not the United States, where she continues the third woman to graduate from the only in Arkansas, but throughout our in her determination to fight for a free University of Arkansas law school in great land. You will most certainly be Cuba. 1939, Judge Roy was the first female in missed.∑ Clara Berta Canton Gomez was born the state of Arkansas to be appointed in Havana, Cuba. In 1962, State security as circuit judge in 1966. In 1975, then- f agents searched the home of her par- Governor David Pryor appointed Judge DIERKS, ARKANSAS, CELEBRATES ents seeking her brother who was in- Roy to the Arkansas Supreme Court, 100TH ANNIVERSARY volved in efforts against the Castro re- making her the first woman to serve as ∑ Mr. PRYOR. Mr. President, it is with gime. Because they did not speak an Arkansas Supreme Court Justice. the greatest pleasure that today I against their family member, Clara Just 2 years later, newly elected Presi- honor Dierks, AR, which will soon be and her parents were incarcerated and dent Jimmy Carter selected Judge Roy celebrating its 100th anniversary. sentenced to serve 30 years in prison. to serve on the Federal bench, and she Dierks is located in Howard County Released after 7 years, Clara has dedi- was given the distinct honor of becom- which lies in the southwestern part of cated her time to fight for the release ing Arkansas’ first female Federal my State. It was named after a German of political prisoners. She dreams of re- judge, as well as the first female judge family that immigrated to the United turning to see a free Cuba. appointed to the eighth Circuit. States in the mid-1800s. The family es- Olga Morgan was born in Santa The daughter of Federal judge Thom- tablished a major sawmill known as Clara, Las Villas. When she was work- as C. Trimble, Judge Roy and her fa- Hardscrabble, and when the commu- ing against the Batista dictatorship, ther also held the distinction of being nity was incorporated in 1907, it she met her husband, William Alex- the first father and daughter to serve changed its name to Dierks.

VerDate Mar 15 2010 22:26 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2007SENATE\S26MR7.REC S26MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3750 CONGRESSIONAL RECORD — SENATE March 26, 2007 The Weyerhaeuser Company pur- Center, to assist local Court Teams, and for European countries and laying the founda- chased most of the Dierks’ family hold- other purposes. tions for peace, stability, and prosperity in ings in 1969. Weyerhaeuser employs S. 888. A bill to amend section 1091 of title Europe; considered and agreed to. 18, United States Code, to allow the prosecu- some 600 people in Howard County and f tion of genocide in appropriate cir- is one of the county’s largest employ- cumstances. ers. ADDITIONAL COSPONSORS f Dierks is also one of many of Arkan- S. 57 sas’s fine recreation destinations. Visi- INTRODUCTION OF BILLS AND At the request of Mr. INOUYE, the tors take advantage of Dierks Lake JOINT RESOLUTIONS names of the Senator from California which offers boating, fishing, water- The following bills and joint resolu- (Mrs. FEINSTEIN) and the Senator from skiing, camping, and sightseeing. tions were introduced, read the first Nevada (Mr. REID) were added as co- Among fishermen, the lake is best and second times by unanimous con- sponsors of S. 57, a bill to amend title known for its large-mouth bass and sent, and referred as indicated: 38, United States Code, to deem certain crappie. Catfish and bream can also be By Ms. LANDRIEU: service in the organized military forces caught in abundance. The beautiful S. 983. A bill for the relief of Michael An- of the Government of the Common- surroundings make it among one of the thony Hurley; to the Committee on the Judi- wealth of the Philippines and the Phil- most scenic spots in the State. ciary. ippine Scouts to have been active serv- Mr. President, I ask my colleagues to By Ms. LANDRIEU: ice for purposes of benefits under pro- join me today in congratulating Dierks S. 984. A bill for the relief of Jiao Ying Li; grams administered by the Secretary on its 100th anniversary and in wishing to the Committee on the Judiciary. of Veterans Affairs. By Mr. LEVIN: its 1,300 citizens a wonderful day of S. 254 ∑ S. 985. A bill to establish a pilot program celebration. to provide low interest loans to nonprofit, At the request of Mr. ENZI, the name f community-based lending intermediaries, to of the Senator from Illinois (Mr. DUR- provide midsize loans to small business con- BIN) was added as a cosponsor of S. 254, MESSAGES FROM THE PRESIDENT cerns, and for other purposes; to the Com- a bill to award posthumously a Con- Messages from the President of the mittee on Small Business and Entrepreneur- gressional gold medal to Constantino United States were communicated to ship. Brumidi. By Mr. REID (for himself and Mr. the Senate by Ms. Evans, one of his S. 406 secretaries. SANDERS): S. 986. A bill to expand eligibility for Com- At the request of Mrs. HUTCHISON, the f bat-Related Special Compensation paid by name of the Senator from Pennsyl- the uniformed services in order to permit EXECUTIVE MESSAGES REFERRED vania (Mr. CASEY) was added as a co- certain additional retired members who have sponsor of S. 406, a bill to ensure local As in executive session the Presiding a service-connected disability to receive governments have the flexibility need- Officer laid before the Senate messages both disability compensation from the De- partment of Veterans Affairs for that dis- ed to enhance decision-making regard- from the President of the United ing certain mass transit projects. States submitting sundry nominations ability and Combat-Related Special Com- pensation by reason of that disability; to the S. 413 which were referred to the appropriate Committee on Armed Services. committees. At the request of Mrs. CLINTON, the By Mr. BINGAMAN (for himself and name of the Senator from Alabama (The nominations received today are Mr. DOMENICI): (Mr. SESSIONS) was added as a cospon- printed at the end of the Senate pro- S. 987. A bill to enhance the energy secu- sor of S. 413, a bill to amend the Bank ceedings.) rity of the United States by promoting biofuels and for other purposes; to the Com- Holding Company Act of 1956 and the f mittee on Energy and Natural Resources. Revised Statutes of the United States MEASURES PLACED ON THE By Ms. MIKULSKI (for herself, Mr. to prohibit financial holding companies CALENDAR WARNER, Mr. LEVIN, Mr. VOINOVICH, and national banks from engaging, di- Mr. LEAHY, Mr. LIEBERMAN, Mr. rectly or indirectly, in real estate bro- The following bill was read the sec- GREGG, Ms. COLLINS, Mr. ENZI, Ms. kerage or real estate management ac- ond time, and placed on the calendar: SNOWE, Mr. SUNUNU, Mr. STEVENS, tivities, and for other purposes. H.R. 545. An act to amend the Omnibus Mr. KENNEDY, and Mr. CARDIN): Crime Control and Safe Streets Act of 1968 to S. 988. A bill to extend the termination S. 474 clarify that territories and Indian tribes are date for the exemption of returning workers At the request of Mrs. HUTCHISON, the eligible to receive grants for confronting the from the numerical limitations for tem- name of the Senator from North Da- use of methamphetamine. porary workers; to the Committee on the Ju- kota (Mr. CONRAD) was added as a co- diciary. f sponsor of S. 474, a bill to award a con- By Mrs. LINCOLN: gressional gold medal to Michael Ellis REPORTS OF COMMITTEES S. 989. A bill to amend title XVI of the So- cial Security Act to clarify that the value of DeBakey, M.D. The following reports of committees certain funeral and burial arrangements are S. 502 were submitted: not to be considered available resources At the request of Mr. CRAPO, the By Mr. INOUYE, from the Committee on under the supplemental security income pro- names of the Senator from Kansas (Mr. Commerce, Science, and Transportation, gram; to the Committee on Finance. BROWNBACK) and the Senator from By Mr. MENENDEZ (for himself and without amendment: Texas (Mrs. HUTCHISON) were added as Mr. LAUTENBERG): S. 93. A bill to authorize NTIA to borrow cosponsors of S. 502, a bill to repeal the against anticipated receipts of the Digital S. 990. A bill to fight criminal gangs; to the Television and Public Safety Fund to ini- Committee on the Judiciary. sunset on the reduction of capital gains rates for individuals and on the tax- tiate migration to a national IP-enabled f emergency network capable of receiving and ation of dividends of individuals at cap- responding to all citizen activated emer- SUBMISSION OF CONCURRENT AND ital gains rates. gency communications (Rept. No. 110–38). SENATE RESOLUTIONS S. 506 By Mr. LEAHY, from the Committee on The following concurrent resolutions At the request of Mr. LAUTENBERG, the Judiciary, with an amendment: S. 261. A bill to amend title 18, United and Senate resolutions were read, and the name of the Senator from New States Code, to strengthen prohibitions referred (or acted upon), as indicated: York (Mrs. CLINTON) was added as a co- against animal fighting, and for other pur- By Mr. DEMINT: sponsor of S. 506, a bill to improve effi- poses. S. Res. 123. A resolution reforming the con- ciency in the Federal Government By Mr. LEAHY, from the Committee on gressional earmark process; to the Com- through the use of high-performance the Judiciary, without amendment: mittee on Rules and Administration. green buildings, and for other purposes. S. 627. A bill to amend the Juvenile Justice By Mr. BIDEN: S. 543 and Delinquency Prevention Act of 1974 to S. Res. 124. A resolution congratulating the improve the health and well-being of mal- European Union on the 50th anniversary of At the request of Mr. NELSON of Ne- treated infants and toddlers through the cre- the signing of the Treaty of Rome creating braska, the name of the Senator from ation of a National Court Teams Resource the European Economic Community among 6 Pennsylvania (Mr. CASEY) was added as

VerDate Mar 15 2010 22:26 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2007SENATE\S26MR7.REC S26MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 26, 2007 CONGRESSIONAL RECORD — SENATE S3751 a cosponsor of S. 543, a bill to improve (Mrs. HUTCHISON), the Senator from of S. 914, a bill to authorize the States Medicare beneficiary access by extend- Utah (Mr. HATCH), the Senator from (and subdivisions thereof), the District ing the 60 percent compliance thresh- North Dakota (Mr. CONRAD), the Sen- of Columbia, territories, and posses- old used to determine whether a hos- ator from Connecticut (Mr. DODD) and sions of the United States to provide pital or unit of a hospital is an inpa- the Senator from South Carolina (Mr. certain tax incentives to any person for tient rehabilitation facility under the GRAHAM) were added as cosponsors of economic development purposes. Medicare program. S. 682, a bill to award a congressional S. 959 S. 576 gold medal to Edward William Brooke At the request of Mrs. CLINTON, the At the request of Mr. DODD, the III in recognition of his unprecedented names of the Senator from Ohio (Mr. names of the Senator from Vermont and enduring service to our Nation. BROWN) and the Senator from Vermont (Mr. SANDERS) and the Senator from S. 756 (Mr. SANDERS) were added as cospon- Iowa (Mr. HARKIN) were added as co- At the request of Mr. DODD, the name sors of S. 959, a bill to award a grant to sponsors of S. 576, a bill to provide for of the Senator from Louisiana (Ms. enable Teach for America, Inc., to im- the effective prosecution of terrorists LANDRIEU) was added as a cosponsor of plement and expand its teaching pro- and guarantee due process rights. S. 756, a bill to authorize appropria- gram. S. 582 tions for the Department of Defense to S. 969 At the request of Mr. SMITH, the address the equipment reset and other At the request of Mr. DODD, the name name of the Senator from Vermont equipment needs of the National of the Senator from New York (Mrs. (Mr. SANDERS) was added as a cospon- Guard, and for other purposes. CLINTON) was added as a cosponsor of S. sor of S. 582, a bill to amend the Inter- S. 803 969, a bill to amend the National Labor nal Revenue Code of 1986 to classify At the request of Mr. ROCKEFELLER, Relations Act to modify the definition automatic fire sprinkler systems as 5- the name of the Senator from Ohio of supervisor. year property for purposes of deprecia- (Mr. BROWN) was added as a cosponsor S. 980 tion. of S. 803, a bill to repeal a provision en- At the request of Mrs. FEINSTEIN, the S. 597 acted to end Federal matching of State name of the Senator from Delaware At the request of Mrs. FEINSTEIN, the spending of child support incentive (Mr. BIDEN) was added as a cosponsor of name of the Senator from Georgia (Mr. payments. S. 980, a bill to amend the Controlled ISAKSON) was added as a cosponsor of S. S. 831 Substances Act to address online phar- 597, a bill to extend the special postage At the request of Mr. DURBIN, the macies. stamp for breast cancer research for 2 names of the Senator from California S. CON. RES. 3 years. (Mrs. FEINSTEIN), the Senator from At the request of Mr. SALAZAR, the S. 604 Massachusetts (Mr. KENNEDY) and the name of the Senator from North Da- At the request of Mr. LAUTENBERG, Senator from Rhode Island (Mr. WHITE- kota (Mr. CONRAD) was added as a co- the name of the Senator from Ohio HOUSE) were added as cosponsors of S. sponsor of S. Con. Res. 3, a concurrent (Mr. BROWN) was added as a cosponsor 831, a bill to authorize States and local resolution expressing the sense of Con- of S. 604, a bill to amend title 10, governments to prohibit the invest- gress that it is the goal of the United United States Code, to limit increases ment of State assets in any company States that, not later than January 1, in the certain costs of health care serv- that has a qualifying business relation- 2025, the agricultural, forestry, and ices under the health care programs of ship with Sudan. working land of the United States the Department of Defense, and for S. 871 should provide from renewable re- other purposes. At the request of Mr. LIEBERMAN, the sources not less than 25 percent of the S. 638 name of the Senator from Louisiana total energy consumed in the United At the request of Mr. ROBERTS, the (Ms. LANDRIEU) was added as a cospon- States and continue to produce safe, name of the Senator from Wyoming sor of S. 871, a bill to establish and pro- abundant, and affordable food, feed, (Mr. ENZI) was added as a cosponsor of vide for the treatment of Individual and fiber. S. 638, a bill to amend the Internal Development Accounts, and for other f purposes. Revenue Code of 1986 to provide for col- STATEMENTS ON INTRODUCED legiate housing and infrastructure S. 883 BILLS AND JOINT RESOLUTIONS grants. At the request of Mrs. FEINSTEIN, the By Mr. REID (for himself and Mr. S. 656 name of the Senator from Mississippi ANDERS (Mr. COCHRAN) was added as a cospon- S ): At the request of Mr. REED, the name S. 986. A bill to expand eligibility for of the Senator from Minnesota (Ms. sor of S. 883, a bill to amend the Higher Education Act of 1965 to extend loan Combat-Related Special Compensation KLOBUCHAR) was added as a cosponsor paid by the uniformed services in order of S. 656, a bill to provide for the ad- forgiveness for certain loans to Head Start teachers. to permit certain additional retired justment of status of certain nationals members who have a service-connected S. 888 of Liberia to that of lawful permanent disability to receive both disability residence. At the request of Mr. DURBIN, the compensation from the Department of S. 673 name of the Senator from Massachu- Veterans Affairs for that disability and At the request of Mr. SALAZAR, the setts (Mr. KENNEDY) was added as a co- Combat-Related Special Compensation name of the Senator from Alaska (Ms. sponsor of S. 888, a bill to amend sec- by reason of that disability; to the MURKOWSKI) was added as a cosponsor tion 1091 of title 18, United States Committee on Armed Services. of S. 673, a bill to amend the Internal Code, to allow the prosecution of geno- Mr. REID. Mr. President, before I in- Revenue Code of 1986 to provide credits cide in appropriate circumstances. troduce my legislation, The Combat for the installation of wind energy S. 903 Related Special Compensation Act of property, including by rural home- At the request of Mr. DURBIN, the 2007, I would like to briefly talk about owners, farmers, ranchers, and small name of the Senator from New Mexico the unfair treatment and the deplor- businesses, and for other purposes. (Mr. BINGAMAN) was added as a cospon- able health care conditions found at S. 682 sor of S. 903, a bill to award a Congres- the Walter Reed Army Medical Center. At the request of Mr. KENNEDY, the sional Gold Medal to Dr. Muhammad I feel that the current situation there names of the Senator from Georgia Yunus, in recognition of his contribu- has some bearing on my legislation. (Mr. ISAKSON), the Senator from Wis- tions to the fight against global pov- Walter Reed is one of the Army’s consin (Mr. FEINGOLD), the Senator erty. best-known and premier medical facili- from New Hampshire (Mr. SUNUNU), the S. 914 ties for wounded service members in Senator from Tennessee (Mr. ALEX- At the request of Mr. VOINOVICH, the the country. Numerous reports by the ANDER), the Senator from Alaska (Ms. name of the Senator from Kentucky Government Accounting Office and MURKOWSKI), the Senator from Texas (Mr. BUNNING) was added as a cosponsor transcripts of congressional testimony

VerDate Mar 15 2010 22:26 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2007SENATE\S26MR7.REC S26MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3752 CONGRESSIONAL RECORD — SENATE March 26, 2007 indicate that many of our military fa- on current receipt so that disabled vet- earned is the right thing to do, espe- cilities for wounded outpatients are in erans can get the fair benefits they de- cially in light of recent issues sur- disarray. These facilities are plagued serve. We have made some progress rounding the treatment of patients at by mold, mice, stained carpets, and a over the last few years, but as everyone Walter Reed. We must never forget the system ill equipped to handle another knows, we still have a lot of work to sacrifices our service men and women generation of psychologically scarred do. have made to protect our freedom. veterans. The legislation I am introducing They serve because they love this great Nearly 4,000 outpatients are cur- today—the Combat-Related Special country. Taking care of our veterans is rently in the military’s Medical Hold- Compensation Act of 2007, would con- not only the right thing to do; it is also ing companies, which oversee the tinue to chip away at this unfair pol- important for our efforts to win the wounded. Soldiers and veterans across icy, by giving pro-rated retirement war on terror. In our all-volunteer the country report bureaucratic ne- benefits to our service men and women military, it is critical to attract and glect similar to Walter Reed’s: un- who are forced into early retirement retain professional and dedicated sol- trained staff; misplaced paperwork; because of their combat-related inju- diers. In turn, they expect that we will lost computer generated medical ap- ries. honor our commitments to provide pointments; and long waits for con- Our veterans on a day-to-day basis health care and other primary benefits sultations. These serious problems sacrifice their life for our country. As for them and their families. have resulted from bureaucratic red public servants, we Americans owe it By ending this unfair policy, we now tape and substandard health care con- to our dedicated service men and have an opportunity to show our grati- ditions. This situation is unacceptable. women to end this inequity. We must tude to our veterans. If we are to truly We have not fulfilled our covenant, nor support our troops; we must ensure honor the sacrifices of our veterans, we have we kept our promise to take care that those who serve us with dignity need to ensure that those who were in- of our troops. and valor receive these deserving bene- jured in defense of our Nation receive Our dedicated service members took fits. They have earned it and they de- these well deserved benefits. an oath to serve our Nation. We as pol- serve it. While our Nation is at war, there is icy makers have a moral obligation to My legislation will take care of sol- no better honor we could bestow upon diers who had hoped to make the mili- take care of these dedicated service them than to pass this legislation. men and women that have shown he- tary a career, but were discharged pre- Mr. President, I ask unanimous con- roic patriotism in Afghanistan and maturely for an injury sustained in sent that the text of this legislation be combat and forced to retire medically Iraq. printed in the RECORD. ‘‘As described in the Washington before attaining 20 years of service. There being no objection, the mate- Like many of you, I have visited Post’’, It is not just a problem at Wal- rial was ordered to be printed in the military hospitals on several occasions ter Reed: others describe depressing RECORD, as follows: and have seen first hand the injuries living conditions for outpatients at sustained by our military personnel. S. 986 military bases throughout the country. Many of the members have reached the Be it enacted by the Senate and House of Rep- Let me share with you the comments 10-, 12-, 14-year marks of their military resentatives of the United States of America in of a 70-year-old soldier, Mr. Oliva, who careers and have been forced to retire Congress assembled, is worried about the military health medically before they meet the 20-year SECTION 1. SHORT TITLE. care our wounded will receive. He de- This Act may be cited as the ‘‘Combat-Re- requirement to receive full benefits. lated Special Compensation Act of 2007’’. scribed his own troubling experiences Right now, these soldiers receive com- SEC. 2. EXPANSION OF COMBAT-RELATED SPE- at the VA hospital in Livermore, CA. bat-related disability benefits, but are ‘‘It is not just Walter Reed,’’ Mr. CIAL COMPENSATION ELlGIBILITY not eligible to receive retirement bene- FOR CHAPTER 61 MILITARY RETIR- Oliva states. ‘‘The VA hospitals are not fits because they cannot fulfill the 20- EES. good either except for the staff mem- year service requirement. (a) ELIGIBILITY.—Subsection (c) of section bers who work so hard. It brings tears This is a travesty to treat our dedi- 1413a of title 10, United States Code, is to my eyes when I see my brothers and cated service men and women inequi- amended by striking ‘‘entitled to retired pay sisters having to deal with these condi- who—’’ and all that follows and inserting tably. It’s wrong. ‘‘who— tions.’’ We should not penalize veterans be- Mr. Oliva is but one voice in a vast ‘‘(1) is entitled to retired pay (other than cause they incurred a combat-related by reason of section 12731b of this title); and outpouring of emotion and anger about injury while serving their country. ‘‘(2) has a combat-related disability.’’. the treatment of wounded outpatients This legislation will ensure they will (b) COMPUTATION.—Paragraph (3) of sub- at Walter Reed. Stories of neglect and receive both their prorated military re- section (b) of such section is amended— substandard care have flooded in from tirement pay, along with their dis- (1) by designating the text of that para- soldiers, their family members, vet- ability compensation. graph as subparagraph (A), realigning that erans, doctors and nurses working in- Let me point out that this legislation text so as to be indented 4 ems from the left margin, and inserting before ‘‘In the case of’’ side the system. This is appalling and is especially important given the inju- the following heading: ‘‘IN GENERAL.—’’; and an embarrassment to our Nation. ries sustained by these troops that are (2) by adding at the end the following new I am particularly concerned that currently serving in Afghanistan, Iraq, subparagraph: some of the highest ranking officials and other theaters throughout the ‘‘(B) SPECIAL RULE FOR RETIREES WITH were aware of the problem for almost world. This legislation is essential for FEWER THAN 20 YEARS OF SERVICE.—In the two years, but took no action to cor- the more than 23,000 injured personnel case of an eligible combat-related disabled rect the situation. While we have seen who are returning from war. The wide- uniformed services retiree who is retired some positive signs from the fallout spread use of improvised explosive de- under chapter 61 of this title with fewer than over the scandal, such as the firing of 20 years of creditable service, the amount of vices (IED) has created numerous am- the payment under paragraph (1) for any the head of Walter Reed and the estab- putees and therefore, result in an in- month shall be reduced by the amount (if lishment of a bipartisan commission, crease in medically discharged vet- any) by which the amount of the member’s more must be done. erans. As described in stories reported retired pay under chapter 61 of this title ex- Our soldiers receive first class care in by the Washington Post, a 25-year-old ceeds the amount equal to 211⁄2 percent of the combat, and they should receive the soldier got to close to an IED in Iraq member’s years of creditable service multi- same level of care in our own country. and was sent to Walter Reed, where plied by the member’s retired pay base under Congress must lead the way in this ef- doctors did all they could before ship- section 1406(b)(1) or 1407 of this title, which- fort. We must continue our efforts and ping the soldier to the VA for the re- ever is applicable to the member.’’. (c) EFFECTIVE DATE.—-The amendments pass legislation that will improve the mainder of his life. Will this young sol- made by this section shall take effect on quality of life for all of America’s he- dier be one of the victims of war that January 1, 2008, and shall apply to payments roes, including providing them with do not receive disability compensation for months beginning on or after that date. the benefits they have earned. and military retirement pay? Today, I join with many of my Sen- Mr. President, ensuring our veterans By Mr. BINGAMAN (for himself ate colleagues to fight and end the ban receive retirement benefits they have and Mr. DOMENICI):

VerDate Mar 15 2010 22:26 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2007SENATE\S26MR7.REC S26MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 26, 2007 CONGRESSIONAL RECORD — SENATE S3753 S. 987. A bill to enhance the energy Sec. 1. Short title; table of contents. (ii) waste material, including— security of the United States by pro- Sec. 2. Definitions. (I) crop residue; moting biofuels and for other purposes; TITLE I—RENEWABLE FUEL STANDARD (II) other vegetative waste material (in- to the Committee on Energy and Nat- Sec. 101. Renewable fuel standard. cluding wood waste and wood residues); (III) animal waste and byproducts (includ- ural Resources. TITLE II—RENEWABLE FUELS ing fats, oils, greases, and manure); and Mr. President, I am very pleased to INFRASTRUCTURE (IV) municipal solid waste. introduce the Biofuels for Energy Secu- Sec. 201. Infrastructure pilot program for re- (C) EXCLUSIONS.—The term ‘‘renewable bio- rity and Transportation Act of 2007, newable fuels. mass’’ does not include old-growth timber of along with my co-sponsor, Senator Sec. 202. Bioenergy research and develop- a forest from the late successional stage of DOMENICI. This bipartisan bill will in- ment. forest development. crease our use of home-grown biofuels Sec. 203. Bioresearch centers for systems bi- (5) RENEWABLE FUEL.— ology program. (A) IN GENERAL.—The term ‘‘renewable and reduce our dependence on imported Sec. 204. Loan guarantees for renewable fuel oil. fuel’’ means motor vehicle fuel, boiler fuel, facilities. or home heating fuel that is— The bill establishes a new Renewable Sec. 205. Grants for renewable fuel produc- (i) produced from renewable biomass; and Fuel Standard. Starting in 2008, the tion research and development (ii) used to replace or reduce the quantity new renewable fuel standard will re- in certain States. of fossil fuel present in a fuel mixture used quire 8.5 billion gallons of renewable Sec. 206. Grants for infrastructure for trans- to operate a motor vehicle, boiler, or furnace fuel. The standard increases gradually portation of biomass to local that would otherwise operate using fossil to 15 billion gallons per year by 2015. biorefineries. fuel. Sec. 207. Biorefinery information center. (B) INCLUSION.—The term ‘‘renewable fuel’’ After 2015, a complementary ‘‘advanced Sec. 208. Conversion assistance for cellulosic biofuel’’ standard takes effect. This includes— biomass, waste-derived ethanol, (i) conventional biofuel; and standard requires 3 billion gallons per approved renewable fuels. (ii) advanced biofuel. year of advanced biofuels in 2016 and Sec. 209. Alternative fuel database and ma- (6) SECRETARY.—The term ‘‘Secretary’’ increases steadily to reach 21 billion terials. means the Secretary of Energy. gallons per year in 2022, for a total re- Sec. 210. Fuel tank cap labeling require- (7) SMALL REFINERY.—The term ‘‘small re- newable fuel standard of 36 billion gal- ment. finery’’ means a refinery for which the aver- lons per year in 2022. TITLE III—STUDIES age aggregate daily crude oil throughput for The bill includes a number of provi- Sec. 301. Study of advanced biofuels tech- a calendar year (as determined by dividing sions to expand the renewable trans- nologies. the aggregate throughput for the calendar portation fuel infrastructure of the Sec. 302. Study of increased consumption of year by the number of days in the calendar year) does not exceed 75,000 barrels. United States. A pilot program for re- ethanol-blended gasoline with higher levels of ethanol. newable fuel corridors is created. Fund- TITLE I—RENEWABLE FUEL STANDARD Sec. 303. Pipeline feasibility study. SEC. 101. RENEWABLE FUEL STANDARD. ing for biofuels research is increased, Sec. 304. Study of optimization of alter- (a) RENEWABLE FUEL PROGRAM.— with new research centers established native fueled vehicles to use E- (1) REGULATIONS.— 85 fuel. to include more of the country’s di- (A) IN GENERAL.—Not later than 1 year verse biofuels feedstocks. To promote Sec. 305. Study of credits for use of renew- after the date of enactment of this Act, the the growth of local biorefineries, a na- able electricity in electric vehi- President shall promulgate regulations to tional biorefinery information center cles. ensure that motor vehicle fuel, home heating is established. Further toward that SEC. 2. DEFINITIONS. oil, and boiler fuel sold or introduced into end, a competitive grant program is es- In this Act: commerce in the United States (except in (1) ADVANCED BIOFUEL.— tablished to develop infrastructure to noncontiguous States or territories), on an (A) IN GENERAL.—The term ‘‘advanced annual average basis, contains the applicable support local biorefineries. biofuel’’ means fuel derived from renewable Finally, the bill calls for a number of volume of renewable fuel determined in ac- biomass other than corn kernels. cordance with paragraph (2). studies that will explore how we should (B) INCLUSIONS.—The term ‘‘advanced (B) PROVISIONS OF REGULATIONS.—Regard- move forward with biofuels. Studies in- biofuel’’ includes— less of the date of promulgation, the regula- clude: the feasibility of nationwide eth- (i) ethanol derived from cellulose, hemi- tions promulgated under subparagraph (A)— anol blended gasoline at levels between cellulose, or lignin; (i) shall contain compliance provisions ap- 10 and 25 percent (E10 to E25); the feasi- (ii) ethanol derived from sugar or starch, plicable to refineries, blenders, distributors, bility of dedicated ethanol pipelines; other than ethanol derived from corn ker- and importers, as appropriate, to ensure that nels; the requirements of this subsection are met; optimization of flex fuels vehicles, (iii) ethanol derived from waste material, which are currently optimized to run but including crop residue, other vegetative (ii) shall not— on gasoline, to run on E85; an assess- waste material, animal waste, and municipal (I) restrict geographic areas in the contig- ment of the state of advanced biofuels solid waste; uous United States in which renewable fuel technology, in advance of the advanced (iv) diesel-equivalent fuel derived from re- may be used; or biofuel standard in 2015; and allowing newable biomass, including vegetable oil and (II) impose any per-gallon obligation for for renewable fuel standard credit gen- animal fat; the use of renewable fuel. eration through plug in hybrids. (v) biogas produced by the anaerobic diges- (C) RELATIONSHIP TO OTHER REGULATIONS.— The introduction of this bill is the tion or fermentation of organic matter from Regulations promulgated under this para- renewable biomass; and beginning of what I hope will be a sub- graph shall, to the maximum extent prac- (vi) butanol produced by the fermentation ticable, incorporate the program structure, stantive exploration of the comprehen- of renewable biomass. compliance, and reporting requirements es- sive set of issues surrounding the role (2) CELLULOSIC BIOMASS ETHANOL.—The tablished under the final regulations promul- of biofue1s in meeting our future en- term ‘‘cellulosic biomass ethanol’’ means gated to implement the renewable fuel pro- ergy security. ethanol derived from any cellulose, hemi- gram established by the amendment made by Mr. President, I ask unanimous con- cellulose, or lignin that is derived from re- section 1501(a)(2) of the Energy Policy Act of sent that the full text of the bill be newable biomass. 2005 (Public Law 109–58; 119 Stat. 1067). printed in the RECORD. (3) CONVENTIONAL BIOFUEL.—The term (2) APPLICABLE VOLUME.— There being no objection, the mate- ‘‘conventional biofuel’’ means ethanol de- (A) CALENDAR YEARS 2008 THROUGH 2022.— rived from corn kernels. rial was ordered to be printed in the (i) RENEWABLE FUEL.—For the purpose of (4) RENEWABLE BIOMASS.— paragraph (1), subject to clause (ii), the ap- RECORD, as follows: (A) IN GENERAL.—The term ‘‘renewable bio- plicable volume for any of calendar years S. 987 mass’’ means any organic matter that is 2008 through 2022 shall be determined in ac- Be it enacted by the Senate and House of Rep- available on a renewable or recurring basis. cordance with the following table: resentatives of the United States of America in (B) INCLUSIONS.—The term ‘‘renewable bio- Applicable volume of Congress assembled, mass’’ includes— renewable fuel SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (i) renewable plant material, including— (in billions of (a) SHORT TITLE.—This Act may be cited as (I) feed grains; Calendar year: gallons): the ‘‘Biofuels for Energy Security and Trans- (II) other agricultural commodities; 2008 ...... 8.5 portation Act of 2007’’. (III) other plants and trees grown for en- 2009 ...... 10.5 (b) TABLE OF CONTENTS.—The table of con- ergy production; and 2010 ...... 12.0 tents of this Act is as follows: (IV) algae; and 2011 ...... 12.6

VerDate Mar 15 2010 22:26 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0655 E:\2007SENATE\S26MR7.REC S26MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3754 CONGRESSIONAL RECORD — SENATE March 26, 2007

Applicable volume of (2) DETERMINATION OF APPLICABLE PERCENT- determine whether there are excessive sea- renewable fuel AGES.— sonal variations in the use of renewable fuel. (in billions of (A) IN GENERAL.—Not later than November (2) REGULATION OF EXCESSIVE SEASONAL Calendar year: gallons): 30 of each of calendar years 2008 through 2022, VARIATIONS.—If, for any calendar year, the 2012 ...... 13.2 based on the estimate provided under para- Administrator of the Energy Information 2013 ...... 13.8 graph (1), the President shall determine and Administration, based on the study under 2014 ...... 14.4 publish in the Federal Register, with respect paragraph (1), makes the determinations 2015 ...... 15.0 to the following calendar year, the renewable specified in paragraph (3), the President shall 2016 ...... 18.0 fuel obligation that ensures that the require- promulgate regulations to ensure that 25 2017 ...... 21.0 ments of subsection (a) are met. percent or more of the quantity of renewable 2018 ...... 24.0 (B) REQUIRED ELEMENTS.—The renewable fuel necessary to meet the requirements of 2019 ...... 27.0 fuel obligation determined for a calendar subsection (a) is used during each of the 2 pe- 2020 ...... 30.0 year under subparagraph (A) shall— 2021 ...... 33.0 (i) be applicable to refineries, blenders, and riods specified in paragraph (4) of each subse- 2022 ...... 36.0 importers, as appropriate; quent calendar year. (3) DETERMINATIONS.—The determinations (ii) ADVANCED BIOFUELS.—For the purpose (ii) be expressed in terms of a volume per- of paragraph (1), of the volume of renewable centage of gasoline sold or introduced into referred to in paragraph (2) are that— fuel required under clause (i), the applicable commerce in the United States; and (A) less than 25 percent of the quantity of volume for any of calendar years 2016 (iii) subject to paragraph (3)(A), consist of renewable fuel necessary to meet the re- through 2022 for advanced biofuels shall be a single applicable percentage that applies to quirements of subsection (a) has been used determined in accordance with the following all categories of persons specified in clause during 1 of the 2 periods specified in para- table: (i). graph (4) of the calendar year; (3) ADJUSTMENTS.—In determining the ap- Applicable volume of (B) a pattern of excessive seasonal vari- plicable percentage for a calendar year, the advanced biofuels ation described in subparagraph (A) will con- President shall make adjustments— (in billions of tinue in subsequent calendar years; and (A) to prevent the imposition of redundant Calendar year: gallons): (C) promulgating regulations or other re- 2016 ...... 3.0 obligations on any person specified in para- quirements to impose a 25 percent or more 2017 ...... 6.0 graph (2)(B)(i); and seasonal use of renewable fuels will not sig- 2018 ...... 9.0 (B) to account for the use of renewable fuel nificantly— 2019 ...... 12.0 during the previous calendar year by small (i) increase the price of motor fuels to the refineries that are exempt under subsection 2020 ...... 15.0 consumer; or (g). 2021 ...... 18.0 (ii) prevent or interfere with the attain- (c) VOLUME CONVERSION FACTORS FOR RE- 2022 ...... 21.0 NEWABLE FUELS BASED ON ENERGY CONTENT ment of national ambient air quality stand- (B) CALENDAR YEAR 2023 AND THEREAFTER.— OR REQUIREMENTS.— ards. Subject to subparagraph (C), for the purposes (1) IN GENERAL.—For the purpose of sub- (4) PERIODS.—The 2 periods referred to in of paragraph (1), the applicable volume for section (a), the President shall assign values this subsection are— calendar year 2023 and each calendar year to specific types of advanced biofuels for the (A) April through September; and thereafter shall be determined by the Presi- purpose of satisfying the fuel volume re- (B) January through March and October dent, in coordination with the Secretary of quirements of subsection (a)(2) in accordance through December. Energy, the Secretary of Agriculture, and with this subsection. (f) WAIVERS.— the Administrator of the Environmental (2) ENERGY CONTENT RELATIVE TO ETH- (1) IN GENERAL.—The President, in con- Protection Agency, based on a review of the ANOL.—For advanced biofuel, 1 gallon of the sultation with the Secretary of Energy, the implementation of the program during cal- advanced biofuel shall be considered to be Secretary of Agriculture, and the Adminis- endar years 2007 through 2022, including a re- the equivalent of 1 gallon of renewable fuel trator of the Environmental Protection view of— multiplied by the ratio that— (i) the impact of renewable fuels on the en- Agency, may waive the requirements of sub- (A) the number of British thermal units of section (a) in whole or in part on petition by ergy security of the United States; energy produced by the combustion of 1 gal- one or more States by reducing the national (ii) the expected annual rate of future pro- lon of the advanced biofuel (as measured quantity of renewable fuel required under duction of renewable fuels, including ad- under conditions determined by the Sec- subsection (a), based on a determination by vanced biofuels; and retary); bears to the President (after public notice and oppor- (iii) the impact of the use of renewable (B) the number of British thermal units of tunity for comment), that— fuels on other factors, including job creation, energy produced by the combustion of 1 gal- the price and supply of agricultural commod- lon of pure ethanol (as measured under con- (A) implementation of the requirement ities, rural economic development, and the ditions determined by the Secretary to be would severely harm the economy or envi- environment. comparable to conditions described in sub- ronment of a State, a region, or the United (C) MINIMUM APPLICABLE VOLUME.—Subject paragraph (A)). States; or to subparagraph (D), for the purpose of para- (3) TRANSITIONAL ENERGY-RELATED CONVER- (B) extreme and unusual circumstances graph (1), the applicable volume for calendar SION FACTORS FOR CELLULOSIC BIOMASS ETH- exist that prevent distribution of an ade- year 2023 and each calendar year thereafter ANOL.—For any of calendar years 2008 quate supply of domestically-produced re- shall be equal to the product obtained by through 2015, 1 gallon of cellulosic biomass newable fuel to consumers in the United multiplying— ethanol shall be considered to be the equiva- States. (i) the number of gallons of gasoline that lent of 2.5 gallons of renewable fuel. (2) PETITIONS FOR WAIVERS.—The President, the President estimates will be sold or intro- (d) CREDIT PROGRAM.— in consultation with the Secretary of En- duced into commerce in the calendar year; (1) IN GENERAL.—The President, in con- ergy, the Secretary of Agriculture, and the and sultation with the Secretary and the Admin- Administrator of the Environmental Protec- (ii) the ratio that— istrator of the Environmental Protection tion Agency, shall approve or disapprove a (I) 36,000,000,000 gallons of renewable fuel; Agency, shall implement a credit program to State petition for a waiver of the require- bears to manage the renewable fuel requirement of ments of subsection (a) within 90 days after (II) the number of gallons of gasoline sold this section in a manner consistent with the the date on which the petition is received by or introduced into commerce in calendar credit program established by the amend- the President. year 2022. ment made by section 1501(a)(2) of the En- (3) TERMINATION OF WAIVERS.—A waiver (D) MAXIMUM QUANTITY DERIVED FROM CON- ergy Policy Act of 2005 (Public Law 109–58; granted under paragraph (1) shall terminate VENTIONAL BIOFUEL FEEDSTOCKS.—For the 119 Stat. 1067). after 1 year, but may be renewed by the purpose of paragraph (1), the applicable vol- (2) MARKET TRANSPARENCY.—In carrying President after consultation with the Sec- ume for calendar year 2023 and each calendar out the credit program under this sub- retary of Energy, the Secretary of Agri- year thereafter shall not exceed 15,000,000,000 section, the President shall facilitate price culture, and the Administrator of the Envi- gallons of conventional biofuel. transparency in markets for the sale and ronmental Protection Agency. (b) APPLICABLE PERCENTAGES.— trade of credits, with due regard for the pub- (1) PROVISION OF ESTIMATE OF VOLUMES OF lic interest, the integrity of those markets, (g) SMALL REFINERIES.— GASOLINE SALES.—Not later than October 31 fair competition, and the protection of con- (1) TEMPORARY EXEMPTION.— of each of calendar years 2008 through 2021, sumers and agricultural producers. (A) IN GENERAL.—The requirements of sub- the Administrator of the Energy Information (e) SEASONAL VARIATIONS IN RENEWABLE section (a) shall not apply to small refineries Administration shall provide to the Presi- FUEL USE.— until calendar year 2013. dent an estimate, with respect to the fol- (1) STUDY.—For each of calendar years 2007 (B) EXTENSION OF EXEMPTION.— lowing calendar year, of the volumes of gaso- through 2020, the Administrator of the En- (i) STUDY BY SECRETARY.—Not later than line projected to be sold or introduced into ergy Information Administration shall con- December 31, 2008, the Secretary shall sub- commerce in the United States. duct a study of renewable fuel blending to mit to the President and Congress a report

VerDate Mar 15 2010 22:26 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2007SENATE\S26MR7.REC S26MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 26, 2007 CONGRESSIONAL RECORD — SENATE S3755

describing the results of a study to deter- State governments, local governments, met- (e) PILOT PROJECT REQUIREMENTS.— mine whether compliance with the require- ropolitan transportation authorities, or (1) MAXIMUM AMOUNT.—The Secretary shall ments of subsection (a) would impose a dis- partnerships of those entities to carry out 1 provide not more than $20,000,000 in Federal proportionate economic hardship on small or more projects for the purposes described assistance under the pilot program to any refineries. in subsection (b). applicant. (ii) EXTENSION OF EXEMPTION.—In the case (b) GRANT PURPOSES.—A grant under this (2) COST SHARING.—The non-Federal share of a small refinery that the Secretary deter- section shall be used for the establishment of of the cost of any activity relating to renew- mines under clause (i) would be subject to a refueling infrastructure corridors, as des- able fuel infrastructure development carried disproportionate economic hardship if re- ignated by the Secretary, for gasoline blends out using funds from a grant under this sec- quired to comply with subsection (a), the that contain at least 85 percent renewable tion shall be not less than 20 percent. fuel or diesel fuel that contains at least 10 President shall extend the exemption under (3) MAXIMUM PERIOD OF GRANTS.—The Sec- percent renewable fuel, including— subparagraph (A) for the small refinery for a retary shall not provide funds to any appli- (1) installation of infrastructure and equip- period of not less than 2 additional years. cant under the pilot program for more than ment necessary to ensure adequate distribu- (2) PETITIONS BASED ON DISPROPORTIONATE 2 years. tion of renewable fuels within the corridor; ECONOMIC HARDSHIP.— (2) installation of infrastructure and equip- (4) DEPLOYMENT AND DISTRIBUTION.—The (A) EXTENSION OF EXEMPTION.—A small re- Secretary shall seek, to the maximum extent finery may at any time petition the Presi- ment necessary to directly support vehicles powered by renewable fuels; and practicable, to ensure a broad geographic dent for an extension of the exemption under distribution of project sites funded by grants paragraph (1) for the reason of dispropor- (3) operation and maintenance of infra- structure and equipment installed as part of under this section. tionate economic hardship. a project funded by the grant. (5) TRANSFER OF INFORMATION AND KNOWL- (B) EVALUATION OF PETITIONS.—In evalu- (c) APPLICATIONS.— EDGE.—The Secretary shall establish mecha- ating a petition under subparagraph (A), the (1) REQUIREMENTS.— nisms to ensure that the information and President, in consultation with the Sec- (A) IN GENERAL.—Subject to subparagraph knowledge gained by participants in the retary, shall consider the findings of the (B), not later than 90 days after the date of pilot program are transferred among the study under paragraph (1)(B) and other eco- enactment of this Act, the Secretary shall pilot program participants and to other in- nomic factors. issue requirements for use in applying for terested parties, including other applicants (C) DEADLINE FOR ACTION ON PETITIONS.— grants under the pilot program. that submitted applications. The President shall act on any petition sub- (B) MINIMUM REQUIREMENTS.—At a min- mitted by a small refinery for a hardship ex- (f) SCHEDULE.— imum, the Secretary shall require that an (1) INITIAL GRANTS.— emption not later than 90 days after the date application for a grant under this section— of receipt of the petition. (A) IN GENERAL.—Not later than 90 days (i) be submitted by— after the date of enactment of this Act, the (3) OPT-IN FOR SMALL REFINERIES.—A small (I) the head of a State or local government refinery shall be subject to the requirements Secretary shall publish in the Federal Reg- or a metropolitan transportation authority, ister, Commerce Business Daily, and such of subsection (a) if the small refinery noti- or any combination of those entities; and fies the President that the small refinery other publications as the Secretary considers (II) a registered participant in the Vehicle to be appropriate, a notice and request for waives the exemption under paragraph (1). Technology Deployment Program of the De- (h) PENALTIES AND ENFORCEMENT.— applications to carry out projects under the partment of Energy; and (1) CIVIL PENALTIES.— pilot program. (ii) include— (A) IN GENERAL.—Any person that violates (B) DEADLINE.—An application described in (I) a description of the project proposed in a regulation promulgated under subsection subparagraph (A) shall be submitted to the the application, including the ways in which (a), or that fails to furnish any information Secretary by not later than 180 days after the project meets the requirements of this required under such a regulation, shall be the date of publication of the notice under section; liable to the United States for a civil penalty that subparagraph. (II) an estimate of the degree of use of the of not more than the total of— (C) INITIAL SELECTION.—Not later than 90 project, including the estimated size of fleet (i) $25,000 for each day of the violation; and days after the date by which applications for of vehicles operated with renewable fuel (ii) the amount of economic benefit or sav- grants are due under subparagraph (B), the available within the geographic region of the ings received by the person resulting from Secretary shall select by competitive, peer- corridor; the violation, as determined by the Presi- reviewed proposal up to 5 applications for (III) an estimate of the potential petro- dent. projects to be awarded a grant under the leum displaced as a result of the project, and (B) COLLECTION.—Civil penalties under sub- pilot program. a plan to collect and disseminate petroleum paragraph (A) shall be assessed by, and col- (2) ADDITIONAL GRANTS.— displacement and other relevant data relat- lected in a civil action brought by, the Sec- (A) IN GENERAL.—Not later than 2 years ing to the project to be funded under the retary or such other officer of the United after the date of enactment of this Act, the grant, over the expected life of the project; States as is designated by the President. Secretary shall publish in the Federal Reg- (IV) a description of the means by which (2) INJUNCTIVE AUTHORITY.— ister, Commerce Business Daily, and such the project will be sustainable without Fed- (A) IN GENERAL.—The district courts of the other publications as the Secretary considers eral assistance after the completion of the United States shall have jurisdiction to— to be appropriate, a notice and request for term of the grant; (i) restrain a violation of a regulation pro- additional applications to carry out projects (V) a complete description of the costs of mulgated under subsection (a); under the pilot program that incorporate the the project, including acquisition, construc- (ii) award other appropriate relief; and information and knowledge obtained through tion, operation, and maintenance costs over (iii) compel the furnishing of information the implementation of the first round of the expected life of the project; and required under the regulation. projects authorized under the pilot program. (VI) a description of which costs of the (B) ACTIONS.—An action to restrain such (B) DEADLINE.—An application described in project will be supported by Federal assist- violations and compel such actions shall be subparagraph (A) shall be submitted to the ance under this subsection. brought by and in the name of the United Secretary by not later than 180 days after (2) PARTNERS.—An applicant under para- States. the date of publication of the notice under graph (1) may carry out a project under the (C) SUBPOENAS.—In the action, a subpoena that subparagraph. pilot program in partnership with public and for a witness who is required to attend a dis- (C) INITIAL SELECTION.—Not later than 90 private entities. days after the date by which applications for trict court in any district may apply in any (d) SELECTION CRITERIA.—In evaluating ap- other district. plications under the pilot program, the Sec- grants are due under subparagraph (B), the (i) EFFECTIVE DATE.—Except as otherwise retary shall— Secretary shall select by competitive, peer- specifically provided in this section, this sec- (1) consider the experience of each appli- reviewed proposal such additional applica- tion takes effect on January 1, 2008. cant with previous, similar projects; and tions for projects to be awarded a grant TITLE II—RENEWABLE FUELS (2) give priority consideration to applica- under the pilot program as the Secretary de- INFRASTRUCTURE tions that— termines to be appropriate. SEC. 201. INFRASTRUCTURE PILOT PROGRAM (A) are most likely to maximize displace- (g) REPORTS TO CONGRESS.— FOR RENEWABLE FUELS. ment of petroleum consumption; (1) INITIAL REPORT.—Not later than 60 days (a) IN GENERAL.—The Secretary, in con- (B) demonstrate the greatest commitment after the date on which grants are awarded sultation with the Secretary of Transpor- on the part of the applicant to ensure fund- under this section, the Secretary shall sub- tation and the Administrator of the Environ- ing for the proposed project and the greatest mit to Congress a report containing— mental Protection Agency, shall establish a likelihood that the project will be main- (A) an identification of the grant recipi- competitive grant pilot program (referred to tained or expanded after Federal assistance ents and a description of the projects to be in this section as the ‘‘pilot program’’), to be under this subsection is completed; funded under the pilot program; administered through the Vehicle Tech- (C) represent a partnership of public and (B) an identification of other applicants nology Deployment Program of the Depart- private entities; and that submitted applications for the pilot pro- ment of Energy, to provide not more than 10 (D) exceed the minimum requirements of gram but to which funding was not provided; geographically-dispersed project grants to subsection (c)(1)(B). and

VerDate Mar 15 2010 22:26 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2007SENATE\S26MR7.REC S26MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3756 CONGRESSIONAL RECORD — SENATE March 26, 2007 (C) a description of the mechanisms used guarantee under this subsection not later or local government agencies located in the by the Secretary to ensure that the informa- than 90 days after the date of receipt of the State; and tion and knowledge gained by participants in application. (2) have proven experience and capabilities the pilot program are transferred among the ‘‘(8) REPORT.—Not later than 30 days after with relevant technologies. pilot program participants and to other in- approving or disapproving an application (c) AUTHORIZATION OF APPROPRIATIONS.— terested parties, including other applicants under paragraph (7), the Secretary shall sub- There is authorized to be appropriated to that submitted applications. mit to Congress a report on the approval or carry out this section $25,000,000 for each of (2) EVALUATION.—Not later than 2 years disapproval (including the reasons for the ac- fiscal years 2008 through 2010. after the date of enactment of this Act, and tion).’’. SEC. 206. GRANTS FOR INFRASTRUCTURE FOR annually thereafter until the termination of (b) IMPROVEMENTS TO UNDERLYING LOAN TRANSPORTATION OF BIOMASS TO the pilot program, the Secretary shall sub- GUARANTEE AUTHORITY.— LOCAL BIOREFINERIES. mit to Congress a report containing an eval- (1) DEFINITION OF COMMERCIAL TECH- (a) IN GENERAL.—The Secretary shall con- uation of the effectiveness of the pilot pro- NOLOGY.—Section 1701(1) of the Energy Pol- duct a program under which the Secretary gram, including an assessment of the petro- icy Act of 2005 (42 U.S.C. 16511(1)) is amended shall provide grants to local governments leum displacement and benefits to the envi- by striking subparagraph (B) and inserting and other eligible entities (as determined by ronment derived from the projects included the following: the Secretary) (referred to in this section as in the pilot program. ‘‘(B) EXCLUSION.—The term ‘commercial ‘‘eligible entities’’) to promote the develop- (h) AUTHORIZATION OF APPROPRIATIONS.— technology’ does not include a technology if ment of infrastructure to support the trans- There is authorized to be appropriated to the the sole use of the technology is in connec- portation of biomass to local biorefineries, Secretary to carry out this section tion with— including by portable processing equipment. $200,000,000, to remain available until ex- ‘‘(i) a demonstration plant; or (b) PHASES.—The Secretary shall conduct pended. ‘‘(ii) a project for which the Secretary ap- the program in the following phases: SEC. 202. BIOENERGY RESEARCH AND DEVELOP- proved a loan guarantee.’’. (1) DEVELOPMENT.—In the first phase of the MENT. (2) SPECIFIC APPROPRIATION OR CONTRIBU- program, the Secretary shall make grants to Section 931(c) of the Energy Policy Act of TION.—Section 1702 of the Energy Policy Act eligible entities to assist the eligible entities 2005 (42 U.S.C. 16231(c)) is amended— of 2005 (42 U.S.C. 16512) is amended by strik- in the development of local projects to pro- (1) in paragraph (1), by striking ing subsection (b) and inserting the fol- mote the development of infrastructure to ‘‘$213,000,000’’ and inserting ‘‘$326,000,000’’; lowing: support the transportation of biomass to (2) in paragraph (2), by striking ‘‘(b) SPECIFIC APPROPRIATION OR CONTRIBU- local biorefineries, including by portable ‘‘$251,000,000’’ and inserting ‘‘$377,000,000’’; TION.— processing equipment. and ‘‘(1) IN GENERAL.—No guarantee shall be (2) IMPLEMENTATION.—In the second phase (3) in paragraph (3), by striking made unless— of the program, the Secretary shall make ‘‘$274,000,000’’ and inserting ‘‘$398,000,000’’. ‘‘(A) an appropriation for the cost has been competitive grants to eligible entities to im- SEC. 203. BIORESEARCH CENTERS FOR SYSTEMS made; or plement projects developed under paragraph BIOLOGY PROGRAM. ‘‘(B) the Secretary has received from the (1). Section 977(a)(1) of the Energy Policy Act borrower a payment in full for the cost of (c) AUTHORIZATION OF APPROPRIATIONS.— of 2005 (42 U.S.C. 16317(a)(1)) is amended by the obligation and deposited the payment There are authorized to be appropriated such inserting before the period at the end the fol- into the Treasury. sums as are necessary to carry out this sec- lowing: ‘‘, including the establishment of at IMITATION.—The source of payments tion. least 7 bioresearch centers that focus on ‘‘(2) L biofuels, of which at least 1 center shall be received from a borrower under paragraph SEC. 207. BIOREFINERY INFORMATION CENTER. located in each of the 4 Petroleum Adminis- (1)(B) shall not be a loan or other debt obli- (a) IN GENERAL.—The Secretary, in co- tration for Defense Districts with no subdis- gation that is made or guaranteed by the operation with the Secretary of Agriculture, tricts and 1 center shall be located in each of Federal Government. shall establish a biorefinery information the subdistricts of the Petroleum Adminis- ‘‘(3) RELATION TO OTHER LAWS.—Section center to make available to interested par- tration for Defense District with subdis- 504(b) of the Federal Credit Reform Act of ties information on— tricts’’. 1990 (2 U.S.C. 661c(b)) shall not apply to a (1) renewable fuel resources, including in- loan or loan guarantee made in accordance SEC. 204. LOAN GUARANTEES FOR RENEWABLE formation on programs and incentives for re- FUEL FACILITIES. with paragraph (1)(B).’’. newable fuels; (a) IN GENERAL.—Section 1703 of the En- (3) AMOUNT.—Section 1702 of the Energy (2) renewable fuel producers; ergy Policy Act of 2005 (42 U.S.C. 16513) is Policy Act of 2005 (42 U.S.C. 16512) is amend- (3) renewable fuel users; and amended by adding at the end the following: ed by striking subsection (c) and inserting (4) potential renewable fuel users. ‘‘(f) RENEWABLE FUEL FACILITIES.— the following: (b) ADMINISTRATION.—In administering the ‘‘(1) IN GENERAL.—The Secretary may make ‘‘(c) AMOUNT.— biorefinery information center, the Sec- guarantees under this title for projects that ‘‘(1) IN GENERAL.—Subject to paragraph (2), retary shall— produce advanced biofuel (as defined in sec- the Secretary shall guarantee up to 100 per- (1) continually update information pro- tion 2 of the Biofuels for Energy Security cent of the principal and interest due on 1 or vided by the center; and Transportation Act of 2007). more loans for a facility that are the subject (2) make information available to inter- ‘‘(2) REQUIREMENTS.—A project under this of the guarantee. ested parties on the process for establishing subsection shall employ new or significantly ‘‘(2) LIMITATION.—The total amount of a biorefinery; and improved technologies for the production of loans guaranteed for a facility by the Sec- (3) make information and assistance pro- renewable fuels as compared to commercial retary shall not exceed 80 percent of the vided by the center available through a toll- technologies in service in the United States total cost of the facility, as estimated at the free telephone number and website. at the time that the guarantee is issued. time at which the guarantee is issued.’’. (c) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(3) ISSUANCE OF FIRST LOAN GUARANTEES.— (4) SUBROGATION.—Section 1702(g)(2) of the There are authorized to be appropriated such The requirement of section 20320(b) of divi- Energy Policy Act of 2005 (42 U.S.C. sums as are necessary to carry out this sec- sion B of the Continuing Appropriations Res- 16512(g)(2)) is amended— tion. (A) by striking subparagraph (B); and olution, 2007 (Public Law 109–289, Public Law SEC. 208. CONVERSION ASSISTANCE FOR CELLU- 110–5), relating to the issuance of final regu- (B) by redesignating subparagraph (C) as LOSIC BIOMASS, WASTE-DERIVED lations, shall not apply to the first 6 guaran- subparagraph (B). ETHANOL, APPROVED RENEWABLE tees issued under this subsection. SEC. 205. GRANTS FOR RENEWABLE FUEL PRO- FUELS. ‘‘(4) PROJECT DESIGN.—A project for which DUCTION RESEARCH AND DEVELOP- (a) DEFINITIONS.—In this section: a guarantee is made under this subsection MENT IN CERTAIN STATES. (1) APPROVED RENEWABLE FUEL.—The term shall have a project design that has been (a) IN GENERAL.—The Secretary shall pro- ‘‘approved renewable fuels’’ means an alter- validated through the operation of a contin- vide grants to eligible entities to conduct re- native or replacement fuel that— uous process pilot facility with an annual search into, and develop and implement, re- (A) has been approved under title III of the output of at least 50,000 gallons of ethanol. newable fuel production technologies in Energy Policy Act of 1992 (42 U.S.C. 13211 et ‘‘(5) MAXIMUM GUARANTEED PRINCIPAL.—The States with low rates of ethanol production, seq.); and total principal amount of a loan guaranteed including low rates of production of cellu- (B) is made from renewable biomass. under this subsection may not exceed losic biomass ethanol. (2) PRODUCER.—The term ‘‘producer’’ $250,000,000 for a single facility. (b) ELIGIBILITY.—To be eligible to receive a means— ‘‘(6) AMOUNT OF GUARANTEE.—The Sec- grant under the section, an entity shall— (A) a merchant producer; retary shall guarantee 100 percent of the (1)(A) be an institution of higher education (B) a farm or dairy cooperative; or principal and interest due on 1 or more loans (as defined in section 2 of the Energy Policy (C) an association of agricultural pro- made for a facility that is the subject of the Act of 2005 (42 U.S.C. 15801)) located in a ducers. guarantee under paragraph (3). State described in subsection (a); or (3) WASTE-DERIVED ETHANOL.—The term ‘‘(7) DEADLINE.—The Secretary shall ap- (B) be a consortium of such institutions of ‘‘waste-derived ethanol’’ means ethanol de- prove or disapprove an application for a higher education, industry, State agencies, rived from—

VerDate Mar 15 2010 22:26 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2007SENATE\S26MR7.REC S26MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 26, 2007 CONGRESSIONAL RECORD — SENATE S3757

(A) animal waste (including poultry fat the Administrator of the Environmental (c) REPORT.—Not later than 18 months and poultry waste) and other waste material; Protection Agency, and the Secretary of after the date of enactment of this Act, the or Transportation) shall conduct a study of the Secretary shall submit to the Committee on (B) municipal solid waste. feasibility of increasing consumption in the Energy and Natural Resources of the Senate (b) CONVERSION ASSISTANCE.—The Sec- United States of ethanol-blended gasoline and the Committee on Energy and Commerce retary may provide grants to producers of with levels of ethanol that are not less than of the House of Representatives a report that cellulosic biomass ethanol, waste-derived 10 percent and not more than 25 percent, in- describes the results of the study, including ethanol, and approved renewable fuels in the cluding a study of production and infrastruc- a description of— United States to assist the producers in ture constraints on increasing the consump- (1) existing programs and studies on the building eligible production facilities de- tion. use of renewable electricity as a means of scribed in subsection (c) for the production (b) REPORT.—Not later than 1 year after powering electric vehicles; and of ethanol or approved renewable fuels. the date of enactment of this Act, the Sec- (2) alternatives for— (c) ELIGIBLE PRODUCTION FACILITIES.—A retary shall submit to Congress a report de- (A) designing a pilot program to determine production facility shall be eligible to re- scribing the results of the study conducted the feasibility of using renewable electricity ceive a grant under this section if the pro- under this section. to power electric vehicles as an adjunct to a duction facility— SEC. 303. PIPELINE FEASIBILITY STUDY. renewable fuels mandate; (1) is located in the United States; and (a) IN GENERAL.—The Secretary, in coordi- (B) allowing the use, under the pilot pro- (2) uses renewable biomass. nation with the Secretary of Agriculture and gram designed under subparagraph (A), of (d) AUTHORIZATION OF APPROPRIATIONS.— the Secretary of Transportation, shall con- electricity generated from nuclear energy as There are authorized to be appropriated to duct a study of the feasibility of the con- an additional source of supply; carry out this section— struction of dedicated ethanol pipelines. (C) identifying the source of electricity (1) $400,000,000 for fiscal year 2008; (b) FACTORS.—In conducting the study, the used to power electric vehicles; and (2) $500,000,000 for fiscal year 2009; and Secretary shall consider— (D) equating specific quantities of elec- (3) $600,000,000 for fiscal year 2010. (1) the quantity of ethanol production that tricity to quantities of renewable fuel under SEC. 209. ALTERNATIVE FUEL DATABASE AND would make dedicated pipelines economi- section 101(d). MATERIALS. cally viable; The Secretary and the Director of the Na- (2) existing or potential barriers to dedi- BY Mr. MENENDEZ (for himself tional Institute of Standards and Technology cated ethanol pipelines, including technical, and Mr. LAUTENBERG): shall jointly establish and make available to siting, financing, and regulatory barriers; the public— S. 990. A bill to fight criminal gangs; (3) market risk (including throughput risk) to the Committee on the Judiciary. (1) a database that describes the physical and means of mitigating the risk; properties of different types of alternative Mr. MENDENEZ. Mr. President, (4) regulatory, financing, and siting op- today, all across America, organized fuel; and tions that would mitigate risk in those areas (2) standard reference materials for dif- and help ensure the construction of 1 or criminal gangs plague our commu- ferent types of alternative fuel. more dedicated ethanol pipelines; nities, destroying the lives of thou- SEC. 210. FUEL TANK CAP LABELING REQUIRE- (5) financial incentives that may be nec- sands of young children and adults MENT. essary for the construction of dedicated eth- each and every year. Unfortunately, Section 406(a) of the Energy Policy Act of anol pipelines, including the return on eq- 1992 (42 U.S.C. 13232(a)) is amended— this plague is currently not being uity that sponsors of the initial dedicated treated effectively, and as a result has (1) by striking ‘‘The Federal Trade Com- ethanol pipelines will require to invest in the mission’’ and inserting the following: grown in size and power in almost pipelines; every State in the Nation. In order to ‘‘(1) IN GENERAL.—The Federal Trade Com- (6) technical factors that may compromise mission’’; and the safe transportation of ethanol in pipe- effectively counter this growing threat, (2) by adding at the end the following: lines, identifying remedial and preventative we cannot continue to believe it is only ‘‘(2) FUEL TANK CAP LABELING REQUIRE- measures to ensure pipeline integrity; and a State and local issue that predomi- MENT.—Beginning with model year 2010, the (7) such other factors as the Secretary con- nantly occurs in highly urbanized fuel tank cap of each alternative fueled vehi- siders appropriate. areas. Instead, we must recognize that cle manufactured for sale in the United (c) REPORT.—Not later than 15 months States shall be clearly labeled to inform con- it has escalated into a national issue— after the date of enactment of this Act, the reaching small rural towns, suburban sumers that such vehicle can operate on al- Secretary shall submit to Congress a report ternative fuel.’’. describing the results of the study conducted areas, and big cities alike—and affect- TITLE III—STUDIES under this section. ing our country as a whole. SEC. 301. STUDY OF ADVANCED BIOFUELS TECH- SEC. 304. STUDY OF OPTIMIZATION OF ALTER- In light of this, it is clear that we NOLOGIES. NATIVE FUELED VEHICLES TO USE must recalibrate our efforts and—in ad- (a) IN GENERAL.—Not later than October 1, E-85 FUEL. dition to our local initiatives—com- 2012, the Secretary shall offer to enter into a (a) IN GENERAL.—The Secretary shall con- prehensively confront gang violence at contract with the National Academy of duct a study of methods of increasing the the national level. That is why I rise fuel efficiency of alternative fueled vehicles Sciences under which the Academy shall today, along with my colleague, Sen- conduct a study of technologies relating to by optimizing alternative fueled vehicles to the production, transportation, and distribu- operate using E-85 fuel. ator LAUTENBERG, to introduce the tion of advanced biofuels. (b) REPORT.—Not later than 180 days after Fighting Gangs and Empowering Youth (b) SCOPE.—In conducting the study, the the date of enactment of this Act, the Sec- Act of 2007. Academy shall— retary shall submit to the Committee on En- Combining the efforts of Federal, (1) include an assessment of the maturity ergy and Natural Resources of the Senate State, and local agencies, this legisla- of advanced biofuels technologies; and the Committee on Natural Resources of tion would utilize a multi-pronged ap- (2) consider whether the rate of develop- the House of Representatives a report that proach in order to comprehensively describes the results of the study, including ment of those technologies will be sufficient deal with all aspects of gang violence. to meet the advanced biofuel standards re- any recommendations of the Secretary. quired under section 101; SEC. 305. STUDY OF CREDITS FOR USE OF RE- From rigorously enforcing and appro- (3) consider the effectiveness of the re- NEWABLE ELECTRICITY IN ELEC- priately sentencing criminal acts, to search and development programs and ac- TRIC VEHICLES. exposing and eliminating the root tivities of the Department of Energy relating (a) DEFINITION OF ELECTRIC VEHICLE.—In causes of gang pervasiveness, this bill to advanced biofuel technologies; and this section, the term ‘‘electric vehicle’’ would simultaneously deter gang vio- (4) make policy recommendations to accel- means an electric motor vehicle (as defined lence while proactively targeting the in section 601 of the Energy Policy Act of erate the development of those technologies sources that have led to its expanding to commercial viability, as appropriate. 1992 (42 U.S.C. 13271)) for which the recharge- (c) REPORT.—Not later than November 30, able storage battery— prevalence. 2014, the Secretary shall submit to the Com- (1) receives a charge directly from a source Like most of the problems we face as mittee on Energy and Natural Resources of of electric current that is external to the ve- a society, gang violence can most effec- the Senate and the Committee on Energy hicle; and tively be handled by addressing its root and Commerce of the House of Representa- (2) provides a minimum of 80 percent of the causes. In order to grow in size and tives a report describing the results of the motive power of the vehicle. power, gangs need a large, self-replen- study conducted under this section. (b) STUDY.—The Secretary shall conduct a ishing pool of recruits to draw upon. study on the feasibility of issuing credits SEC. 302. STUDY OF INCREASED CONSUMPTION They prey on areas that suffer from OF ETHANOL-BLENDED GASOLINE under the program established under section WITH HIGHER LEVELS OF ETHANOL. 101(d) to electric vehicles powered by elec- high dropout rates, crippling poverty, (a) IN GENERAL.—The Secretary (in co- tricity produced from renewable energy and rampant unemployment—areas operation with the Secretary of Agriculture, sources. where hope is often in short supply. All

VerDate Mar 15 2010 22:26 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2007SENATE\S26MR7.REC S26MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3758 CONGRESSIONAL RECORD — SENATE March 26, 2007 too often children who live in these programs both while they are impris- by law enforcement officials every sin- areas are caught in a tragic web of oned as well as during their transition gle day. gang violence simply because they can period back into society. All offenders As is true with almost all problems, envision no other alternative. would be encouraged to participate in a better understanding of how gangs It is in these circumstances, where a educational initiatives such as job operate translates into a better under- 15-year-old child sees life in a gang as training, GED preparation, and a myr- standing of how best to counter them. not just their best option, but often iad of other programs designed to pro- That is why this bill would authorize their only option—that gang member- vide offenders with the skills necessary additional funding for the National ship thrives. It is in these cir- to become legally employed when they Youth Gang Survey to increase the cumstances, where children do not an- are released from prison. By providing number of law enforcement agencies ticipate living to celebrate their 30th such individuals with an alternative whose data is collected and included in birthday—that gangs flourish. Not only choice to a life of crime, lives can be the annual survey and provide money does this environment destroy the life transformed and recidivism rates to upgrade technology to better iden- of the individual recruited—it also amongst ex-convicts will be reduced. tify gang members and include them in serves to strengthen the gang, further In addition to programs focused on the National Gang Database. Addition- reinforcing a vicious cycle. gang violence prevention, we must pro- ally, this legislation would expand the Thus, any effort undertaken to com- vide law enforcement officials at every Uniform Crime Reports (UCRs) to in- bat gang violence must address the en- level of government with all of the clude local gang and other crime sta- vironment that transforms promising, tools and resources necessary for them tistics from the municipal level, while young adolescents into ruthless tools to safely and effectively protect and also requiring the Attorney General to of a criminal enterprise. While we will serve their communities. All too often distinguish those crimes committed by probably never be able to completely these heroic officers are caught in the juveniles. The bill also requires con- eliminate all acts of violence from our crossfire of gang violence, and all too solidation and standardization of society, there is much we can do to in- often they make the ultimate sacrifice criminal databases, enabling law en- still in our children the skills they so that others may live. forcement all across the country to need to pursue a law abiding life. To One tragic example involves the late better share information. this end, my legislation would author- Detective Kiernan Shields from East For those who still choose a life of crime, this proposal would increase the ize funds for afterschool and commu- Orange, New Jersey. Detective Shields penalties for crimes committed in the nity-based programs designed to eco- was a rising star in the East Orange furtherance of a gang. Gangs are de- nomically empower young people. Dis- Police Department, living his lifelong pendent on committing crimes such as advantaged students will be given the dream of serving his community as an witness intimidation, illegal firearm opportunity to realize their potential, officer of the peace. He was a devoted, possession, and drug trafficking—im- through tutoring, mentoring, and job loving husband and proud father of plementing these violent instruments training programs as well as college three children, who was remembered by to augment their power. Subsequently, preparation classes and tuition assist- his peers and colleagues not just as a when these crimes are committed in ance. Additionally, millions of dollars multi-talented person with a great the furtherance of gang activity, they would be authorized to enhance and ex- sense of humor, but as the epitome of a can be more detrimental to society pand anti-gang and anti-violence pro- role model in an area that desperately than if they were committed in isola- grams in elementary and secondary needed one. Unfortunately, New Jersey tion. Thus, these tougher sentencing schools, ensuring that students can lost one of its bravest and finest sons requirements for crimes committed in focus solely on learning, without hav- on the evening of August 7, 2006, when the furtherance of a gang are not only ing to be concerned for their personal Detective Shields was ruthlessly shot- appropriate, but necessary to deter safety. By providing ‘‘at-risk’’ youth gunned to death by a reputed member gang violence and shield society from with the resources and opportunities of the Bloods gang, as he valiantly ran its most dangerous and unremorseful necessary to succeed in life, they will toward the sound of echoing gunfire— criminals. be far less susceptible to the pressures Ran toward the gunfire. Taken together, the provisions of to join a criminal gang. This single act of heroism is con- this bill develop a comprehensive ap- This bill would also attack one of the sistent with the way police officers proach to gang violence by focusing on roots of gang violence—gang recruit- across this Nation live their daily prevention, deterrence, and enforce- ers, who seek out young, economically lives. These are the people who are ment. Failure to address all of these disadvantaged, at-risk youth and pres- fighting day in and day out to keep our gang violence catalysts in their en- sure them to join. Currently, there is communities safe. The best way to tirety would leave us with an incom- no Federal law specifically forbidding honor the victims of gang violence and prehensive approach that would do lit- gang recruitment. This legislation those who are still fighting it is to tle to quell the scourge of gang vio- would change that—making it illegal fully commit ourselves to eradicating lence. Therefore, I urge my colleagues for a gang member to solicit or recruit this cancer. to support the Fighting Gangs and Em- others into a gang—and would incar- To assist our frontline warriors in powering Youth Act, and by doing so, cerate an offender for up to 10 years if their daily struggle against gang vio- give law enforcement and our commu- the person being recruited was 18 or lence, my proposal would provide law nities the means to thoroughly and older, or up to 20 years if the individual enforcement officials on every level of comprehensively counter the growing was under the age of 18. This provision government with the resources and in- specter of gang violence that afflicts would effectively target the kingpins formation they need to accurately our great Nation. of gangs, who cowardly order younger track and effectively neutralize crimi- f members to do their violent bidding, nal gangs. Specifically, this legislation SUBMITTED RESOLUTIONS callously sacrificing their lives like would establish a program similar to pawns on a chessboard. the current Community Oriented Polic- For those who have made wrong ing Services (COPS) program to aug- SENATE RESOLUTION 123—RE- choices in life, but are still capable of ment the number of police officers FORMING THE CONGRESSIONAL rehabilitation, this bill would expand combating gangs in our local commu- EARMARK PROCESS adult and juvenile offender reentry nities, and would authorize $700 million Mr. DEMINT submitted the following demonstration projects to help with annually for it. Additional funds would resolution; which was referred to the post-release and transitional housing, be used to provide more forensic exam- Committee on Rules and Administra- while promoting programs that hire iners to investigate, and more attor- tion: former prisoners, and establish reentry neys to prosecute, gang crimes. These S. RES. 123 planning procedures within commu- measures would show that we pay hom- Resolved, nities. To be eligible for early release, age not just with our words, but more SECTION 1. CONGRESSIONAL EARMARK REFORM. prisoners with drug addictions would importantly, with our actions, as we The Standing Rules of the Senate are be required to participate in treatment recognize the heroic deeds performed amended by adding at the end the following:

VerDate Mar 15 2010 22:26 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2007SENATE\S26MR7.REC S26MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 26, 2007 CONGRESSIONAL RECORD — SENATE S3759 ‘‘RULE XLIV ‘‘3. A Member may not condition the inclu- Whereas, on March 25, 1957, 6 European ‘‘EARMARKS sion of language to provide funding for a con- countries—the Federal Republic of Germany, ‘‘1. It shall not be in order to consider—— gressional earmark, a limited tax benefit, or France, Italy, Belgium, the Netherlands, and ‘‘(a) a bill or joint resolution reported by a a limited tariff benefit in any bill or joint Luxembourg—signed the Treaty of Rome, committee unless the report includes a list, resolution (or an accompanying report) or in creating the European Economic Commu- which shall be made available on the Inter- any conference report on a bill or joint reso- nity; net in a searchable format to the general lution (including an accompanying joint ex- Whereas the Treaty of Rome established a public for at least 48 hours before consider- planatory statement of managers) on any customs union between the signatory coun- ation of the bill or joint resolution, of con- vote cast by another Member, Delegate, or tries, but also did much more, creating a gressional earmarks, limited tax benefits, Resident Commissioner. framework that has broadened and deepened over time into the European Union, pro- and limited tariff benefits in the bill or in ‘‘4. (a) A Member who requests a congres- moting the free movement of people, serv- the report (and the name of any Member who sional earmark, a limited tax benefit, or a ices, and capital, and common policies submitted a request to the committee for limited tariff benefit in any bill or joint res- among the countries in important areas, and each respective item included in such list) or olution (or an accompanying report) or in that has helped secure the spread of peace a statement that the proposition contains no any conference report on a bill or joint reso- and stability in Europe; congressional earmarks, limited tax bene- lution (or an accompanying joint statement Whereas the European Economic Commu- fits, or limited tariff benefits; of managers) shall provide a written state- nity expanded to bring more European coun- ‘‘(b) a bill or joint resolution not reported ment to the chairman and ranking member tries into closer union, with the United by a committee unless the chairman of each of the committee of jurisdiction, including— Kingdom, Denmark, and Ireland joining in committee of jurisdiction has caused a list, ‘‘(1) the name of the Member; ‘‘(2) in the case of a congressional earmark, 1973, Greece joining in 1981, and Spain and which shall be made available on the Inter- Portugal joining in 1986; net in a searchable format to the general the name and address of the intended recipi- ent or, if there is no specifically intended re- Whereas the member countries of the Eu- public for at least 48 hours before consider- ropean Economic Community agreed to the ation of the bill or joint resolution, of con- cipient, the intended location of the activ- ity; Single European Act in 1987, paving the way gressional earmarks, limited tax benefits, for a single European market, and on Feb- and limited tariff benefits in the bill (and ‘‘(3) in the case of a limited tax or tariff benefit, identification of the individual or ruary 7, 1992, the member countries of the the name of any Member who submitted a re- European Community signed the Treaty of quest to the committee for each respective entities reasonably anticipated to benefit, to the extent known to the Member; Maastricht, furthering the economic and po- item included in such list) or a statement litical ties among the member countries and that the proposition contains no congres- ‘‘(4) the purpose of such congressional ear- mark or limited tax or tariff benefit; and creating the European Union; sional earmarks, limited tax benefits, or lim- Whereas the European Union has contin- ited tariff benefits to be printed in the Con- ‘‘(5) a certification that the Member or spouse has no financial interest in such con- ued to grow so that the European Union now gressional Record prior to its consideration; comprises 27 countries with a population of or gressional earmark or limited tax or tariff benefit. over 450,000,000, after the successful unifica- ‘‘(c) a conference report to accompany a tion of Germany in 1990 and the joining of bill or joint resolution unless the joint ex- ‘‘(b) Each committee shall maintain the written statements transmitted under sub- Austria, Finland, and Sweden in 1995, Cy- planatory statement prepared by the man- prus, the Czech Republic, Estonia, Hungary, agers on the part of the House and the man- paragraph (a). The written statements trans- mitted under subparagraph (a) for any con- Latvia, Lithuania, Malta, Poland, Slovakia, agers on the part of the Senate includes a and Slovenia in 2004, and Bulgaria and Ro- gressional earmarks, limited tax benefits, or list, which shall be made available on the mania in 2007, and the European Union con- limited tariff benefits included in any meas- Internet in a searchable format to the gen- tinues to consider expanding to include other ure reported by the committee or conference eral public for at least 48 hours before con- countries central to the history and future of report filed by the chairman of the com- sideration of the conference report, of con- Europe; mittee or any subcommittee thereof shall be gressional earmarks, limited tax benefits, Whereas the European Union has developed published in a searchable format on the com- and limited tariff benefits in the conference a broad acquis communautaire covering poli- mittee’s or subcommittee’s website not later report or joint statement (and the name of cies in the economic, security, diplomatic, than 48 hours after receipt on such informa- any Member, Delegate, Resident Commis- and political areas, has established a single tion. sioner, or Senator who submitted a request market, has built an economic and monetary ‘‘5. It shall not be in order to consider any to the House or Senate committees of juris- union, including the Euro currency, and has bill, resolution, or conference report that diction for each respective item included in built an area of freedom, security, peace, and such list) or a statement that the propo- contains an earmark included in any classi- justice, extending stability to its neighbors; sition contains no congressional earmarks, fied portion of a report accompanying the Whereas the European Union played a key limited tax benefits, or limited tariff bene- measure unless the bill, resolution, or con- role at the end of the Cold War in helping to fits. ference report includes to the greatest ex- spread free markets, democratic institutions ‘‘2. For the purpose of this rule— tent practicable, consistent with the need to and values, and respect for human rights to ‘‘(a) the term ‘congressional earmark’ protect national security (including intel- the former central European communist means a provision or report language in- ligence sources and methods), in unclassified states; cluded primarily at the request of a Member, language, a general program description, Whereas the United States and the Euro- Delegate, Resident Commissioner, or Sen- funding level, and the name of the sponsor of pean Union have shared a unique partnership ator providing, authorizing or recommending that earmark.’’. based on a common heritage, shared values, a specific amount of discretionary budget f and mutual interests, and have worked to- authority, credit authority, or other spend- SENATE RESOLUTION 124—CON- gether to strengthen international coopera- ing authority for a contract, loan, loan guar- tion and institutions, to create a more open antee, grant, loan authority, or other ex- GRATULATING THE EUROPEAN international trading system, to ensure penditure with or to an entity, or targeted to UNION ON THE 50TH ANNIVER- transatlantic and global security, to pre- a specific State, locality or Congressional SARY OF THE SIGNING OF THE serve and promote peace, freedom, and de- district, other than through a statutory or TREATY OF ROME CREATING mocracy, and to advance human rights; and administrative formula-driven or competi- THE EUROPEAN ECONOMIC COM- Whereas the United States has supported tive award process; MUNITY AMONG 6 EUROPEAN the European integration process and has ‘‘(b) the term ‘limited tax benefit’ means— COUNTRIES AND LAYING THE consistently supported the objective of Euro- ‘‘(1) any revenue provision that— FOUNDATIONS FOR PEACE, STA- pean unity and the enlargement of the Euro- ‘‘(A) provides a Federal tax deduction, pean Union to promote prosperity, peace, credit, exclusion, or preference to a par- BILITY, AND PROSPERITY IN EU- and democracy: Now, therefore, be it ticular beneficiary or limited group of bene- ROPE Resolved, That the Senate— ficiaries under the Internal Revenue Code of Mr. BIDEN submitted the following (1) congratulates the European Union and 1986; and resolution; which was considered and the member countries of the European Union ‘‘(B) contains eligibility criteria that are agreed to: on the 50th anniversary of the historic sign- not uniform in application with respect to ing of the Treaty of Rome; potential beneficiaries of such provision; or S. RES. 124 (2) commends the European Union for the ‘‘(2) any Federal tax provision which pro- Whereas after a half century of war and up- critical role it and its predecessor organiza- vides one beneficiary temporary or perma- heaval, and in the face of economic and po- tions have played in spreading peace, sta- nent transition relief from a change to the litical crises and the threat of communism, bility, and prosperity throughout Europe; Internal Revenue Code of 1986; and European visionaries began a process to and ‘‘(c) the term ‘limited tariff benefit’ means bring the countries of Europe into closer eco- (3) affirms the desire of the United States a provision modifying the Harmonized Tariff nomic and political cooperation to help se- to strengthen the transatlantic partnership Schedule of the United States in a manner cure peace and prosperity for the peoples of with the European Union and with all of its that benefits 10 or fewer entities. Europe; member countries.

VerDate Mar 15 2010 22:26 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2007SENATE\S26MR7.REC S26MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3760 CONGRESSIONAL RECORD — SENATE March 26, 2007 AMENDMENTS SUBMITTED AND CHAPTER 2 RESERVE PERSONNEL, NAVY PROPOSED DEPARTMENT OF JUSTICE For an additional amount for ‘‘Reserve GENERAL ADMINISTRATION Personnel, Navy’’, $77,523,000. SA 641. Mr. BYRD proposed an amendment RESERVE PERSONNEL, AIR FORCE to the bill H.R. 1591, making emergency sup- OFFICE OF THE INSPECTOR GENERAL plemental appropriations for the fiscal year For an additional amount for ‘‘Office of the For an additional amount for ‘‘Reserve ending September 30, 2007, and for other pur- Inspector General’’, $500,000, to remain avail- Personnel, Air Force’’, $9,073,000. poses. able until September 30, 2008. NATIONAL GUARD PERSONNEL, ARMY SA 642. Ms. LANDRIEU submitted an LEGAL ACTIVITIES For an additional amount for ‘‘National amendment intended to be proposed to SALARIES AND EXPENSES, GENERAL LEGAL Guard Personnel, Army’’, $474,978,000. amendment SA 641 proposed by Mr. BYRD to ACTIVITIES NATIONAL GUARD PERSONNEL, AIR FORCE the bill H.R. 1591, supra; which was ordered For an additional amount for ‘‘Salaries For an additional amount for ‘‘National to lie on the table. and Expenses, General Legal Activities’’, Guard Personnel, Air Force’’, $41,533,000. SA 643. Mr. COCHRAN (for himself, Mr. $4,093,000, to remain available until Sep- OPERATION AND MAINTENANCE MCCAIN, Mr. LIEBERMAN, Mr. GRAHAM, Mr. tember 30, 2008. PERATION AND AINTENANCE RMY WARNER, Mr. STEVENS, Mr. BROWNBACK, Mr. O M , A SALARIES AND EXPENSES, UNITED STATES SHELBY, Mr. CRAIG, Mr. ALLARD, Mr. BEN- For an additional amount for ‘‘Operation ATTORNEYS NETT, and Mr. ENZI) proposed an amendment and Maintenance, Army’’, $20,373,379,000. to amendment SA 641 proposed by Mr. BYRD For an additional amount for ‘‘Salaries OPERATION AND MAINTENANCE, NAVY and Expenses, United States Attorneys’’, to the bill H.R. 1591, supra. (INCLUDING TRANSFER OF FUNDS) SA 644. Mr. REID submitted an amendment $5,000,000, to remain available until Sep- tember 30, 2008. For an additional amount for ‘‘Operation intended to be proposed by him to the bill and Maintenance, Navy’’, $4,865,003,000, of UNITED STATES MARSHALS SERVICE H.R. 1591, supra; which was ordered to lie on which $120,293,000 shall be transferred to the table. SALARIES AND EXPENSES, UNITED STATES Coast Guard, ‘‘Operating Expenses’’, for re- SA 645. Mr. REID submitted an amendment MARSHALS SERVICE imbursement for activities in support of ac- intended to be proposed by him to the bill For an additional amount for ‘‘Salaries tivities requested by the Navy. H.R. 1591, supra; which was ordered to lie on and Expenses, United States Marshals Serv- OPERATION AND MAINTENANCE, MARINE CORPS the table. ice’’, $25,000,000, to remain available until For an additional amount for ‘‘Operation SA 646. Mrs. HUTCHISON submitted an September 30, 2008. and Maintenance, Marine Corps’’, amendment intended to be proposed by her NATIONAL SECURITY DIVISION $1,101,594,000. to the bill H.R. 1591, supra; which was or- SALARIES AND EXPENSES dered to lie on the table. OPERATION AND MAINTENANCE, AIR FORCE For an additional amount for ‘‘Salaries SA 647. Mr. SESSIONS submitted an For an additional amount for ‘‘Operation and Expenses,’’ $1,736,000, to remain avail- amendment intended to be proposed by him and Maintenance, Air Force’’, $6,685,881,000. able until September 30, 2008. to the bill H.R. 1591, supra; which was or- OPERATION AND MAINTENANCE, DEFENSE-WIDE FEDERAL BUREAU OF INVESTIGATION dered to lie on the table. For an additional amount for ‘‘Operation SALARIES AND EXPENSES and Maintenance, Defense-Wide’’, f For an additional amount for ‘‘Salaries $2,790,669,000, of which— and Expenses’’, $348,260,000, of which (1) not to exceed $25,000,000 may be used for $338,260,000 is to remain available until Sep- the Combatant Commander Initiative Fund, TEXT OF AMENDMENTS tember 30, 2008 and $10,000,000 is to remain to be used in support of Operation Iraqi Free- SA 641. Mr. BYRD proposed an available until expended to implement cor- dom and Operation Enduring Freedom; and amendment to the bill H.R. 1591, mak- rective actions in response to the findings (2) not to exceed $200,000,000, to remain and recommendations in the Department of ing emergency supplemental appropria- available until expended, may be used for Justice Office of Inspector General report en- payments to reimburse Pakistan, Jordan, tions for the fiscal year ending Sep- titled, ‘‘A Review of the Federal Bureau of and other key cooperating nations, for tember 30, 2007, and for other purposes; Investigation’s Use of National Security Let- logistical, military, and other support pro- as follows: ters’’. vided to United States military operations, Strike all after the enacting clause and in- DRUG ENFORCEMENT ADMINISTRATION notwithstanding any other provision of law: sert the following: SALARIES AND EXPENSES Provided, That such payments may be made in such amounts as the Secretary of Defense, That the following sums are appropriated, For an additional amount for ‘‘Salaries with the concurrence of the Secretary of out of any money in the Treasury not other- and Expenses’’, $25,100,000, to remain avail- State, and in consultation with the Director wise appropriated, for the fiscal year ending able until September 30, 2008. of the Office of Management and Budget, September 30, 2007, and for other purposes, BUREAU OF ALCOHOL, TOBACCO, FIREARMS, may determine, in his discretion, based on namely: AND EXPLOSIVES documentation determined by the Secretary TITLE I SALARIES AND EXPENSES of Defense to adequately account for the sup- GLOBAL WAR ON TERROR For an additional amount for ‘‘Salaries port provided, and such determination is SUPPLEMENTAL APPROPRIATIONS and Expenses’’, $4,000,000, to remain avail- final and conclusive upon the accounting of- able until September 30, 2008. ficers of the United States, and 15 days fol- CHAPTER 1 lowing notification to the appropriate con- FEDERAL PRISON SYSTEM DEPARTMENT OF AGRICULTURE gressional committees: Provided further, SALARIES AND EXPENSES FOREIGN AGRICULTURAL SERVICE That the Secretary of Defense shall provide For an additional amount for ‘‘Salaries quarterly reports to the congressional de- PUBLIC LAW 480 TITLE II GRANTS and Expenses’’, $17,000,000, to remain avail- fense committees on the use of funds pro- For an additional amount for ‘‘Public Law able until September 30, 2008. vided in this paragraph. 480 Title II Grants’’, during the current fiscal CHAPTER 3 OPERATION AND MAINTENANCE, ARMY year, not otherwise recoverable, and unre- DEPARTMENT OF DEFENSE—MILITARY RESERVE covered prior years’ costs, including interest MILITARY PERSONNEL For an additional amount for ‘‘Operation thereon, under the Agricultural Trade Devel- and Maintenance, Army Reserve’’, opment and Assistance Act of 1954, for com- MILITARY PERSONNEL, ARMY $74,049,000. modities supplied in connection with disposi- For an additional amount for ‘‘Military tions abroad under title II of said Act, Personnel, Army’’, $8,870,270,000. OPERATION AND MAINTENANCE, NAVY RESERVE $475,000,000, to remain available until ex- MILITARY PERSONNEL, NAVY For an additional amount for ‘‘Operation and Maintenance, Navy Reserve’’, pended. For an additional amount for ‘‘Military $111,066,000. GENERAL PROVISION—THIS CHAPTER Personnel, Navy’’, $1,100,410,000. OPERATION AND MAINTENANCE, MARINE CORPS SEC. 1101. There is hereby appropriated MILITARY PERSONNEL, MARINE CORPS RESERVE $82,000,000 to reimburse the Commodity Cred- For an additional amount for ‘‘Military For an additional amount for ‘‘Operation it Corporation for the release of eligible Personnel, Marine Corps’’, $1,495,827,000. and Maintenance, Marine Corps Reserve’’, commodities under section 302(f)(2)(A) of the MILITARY PERSONNEL, AIR FORCE Bill Emerson Humanitarian Trust Act (7 $13,591,000. U.S.C. 1736f–1): Provided, That any such funds For an additional amount for ‘‘Military OPERATION AND MAINTENANCE, AIR FORCE made available to reimburse the Commodity Personnel, Air Force’’, $1,218,587,000. RESERVE Credit Corporation shall only be used to re- RESERVE PERSONNEL, ARMY For an additional amount for ‘‘Operation plenish the Bill Emerson Humanitarian For an additional amount for ‘‘Reserve and Maintenance, Air Force Reserve’’, Trust. Personnel, Army’’, $147,244,000. $10,160,000.

VerDate Mar 15 2010 22:26 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2007SENATE\S26MR7.REC S26MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 26, 2007 CONGRESSIONAL RECORD — SENATE S3761

OPERATION AND MAINTENANCE, ARMY PROCUREMENT OF AMMUNITION, AIR FORCE paragraph is in addition to any other trans- NATIONAL GUARD For an additional amount for ‘‘Procure- fer authority available to the Department of For an additional amount for ‘‘Operation ment of Ammunition, Air Force’’, $6,000,000, Defense: Provided further, That upon a deter- and Maintenance, Army National Guard’’, to remain available until September 30, 2009. mination that all or part of the funds trans- ferred from this appropriation are not nec- $83,569,000. OTHER PROCUREMENT, AIR FORCE essary for the purposes provided herein, such OPERATION AND MAINTENANCE, AIR NATIONAL For an additional amount for ‘‘Other Pro- GUARD amounts may be transferred back to this ap- curement, Air Force’’, $1,972,131,000, to re- propriation. For an additional amount for ‘‘Operation main available until September 30, 2009. and Maintenance, Air National Guard’’, RELATED AGENCY PROCUREMENT, DEFENSE-WIDE $38,429,000. INTELLIGENCE COMMUNITY MANAGEMENT For an additional amount for ‘‘Procure- AFGHANISTAN SECURITY FORCES FUND ACCOUNT ment, Defense-Wide’’, $903,092,000, to remain For an additional amount for ‘‘Intelligence For an additional amount for ‘‘Afghanistan available until September 30, 2009. Security Forces Fund’’, $5,906,400,000, to re- Community Management Account’’, main available until September 30, 2008. NATIONAL GUARD AND RESERVE EQUIPMENT $71,726,000. IRAQ SECURITY FORCES FUND For an additional amount for ‘‘National GENERAL PROVISIONS—THIS CHAPTER For an additional amount for ‘‘Iraq Secu- Guard and Reserve Equipment’’, SEC. 1301. Appropriations provided in this rity Forces Fund’’, $3,842,300,000, to remain $1,000,000,000, to remain available until Sep- chapter are available for obligation until available until September 30, 2008. tember 30, 2009. September 30, 2007, unless otherwise provided in this chapter. IRAQ FREEDOM FUND RESEARCH, DEVELOPMENT, TEST AND EVALUATION (TRANSFER OF FUNDS) (INCLUDING TRANSFER OF FUNDS) SEC. 1302. Upon his determination that For an additional amount for ‘‘Iraq Free- RESEARCH, DEVELOPMENT, TEST AND such action is necessary in the national in- dom Fund’’, $455,600,000, to remain available EVALUATION, ARMY terest, the Secretary of Defense may transfer for transfer until September 30, 2008. For an additional amount for ‘‘Research, Development, Test and Evaluation, Army’’, between appropriations up to $3,500,000,000 of JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT the funds made available to the Department FUND $125,576,000, to remain available until Sep- tember 30, 2008. of Defense in this title: Provided, That the For an additional amount for ‘‘Joint Im- Secretary shall notify the Congress promptly provised Explosive Device Defeat Fund’’, RESEARCH, DEVELOPMENT, TEST AND of each transfer made pursuant to the au- $2,432,800,000, to remain available until Sep- EVALUATION, NAVY thority in this section: Provided further, That tember 30, 2009. For an additional amount for ‘‘Research, the authority provided in this section is in PROCUREMENT Development, Test and Evaluation, Navy’’, addition to any other transfer authority AIRCRAFT PROCUREMENT, ARMY $308,212,000, to remain available until Sep- available to the Department of Defense and For an additional amount for ‘‘Aircraft tember 30, 2008. is subject to the same terms and conditions Procurement, Army’’, $619,750,000, to remain RESEARCH, DEVELOPMENT, TEST AND as the authority provided in section 8005 of available until September 30, 2009. EVALUATION, AIR FORCE the Department of Defense Appropriations Act, 2007 (Public Law 109–289; 120 Stat. 1257), MISSILE PROCUREMENT, ARMY For an additional amount for ‘‘Research, except for the fourth proviso: Provided fur- Development, Test and Evaluation, Air For an additional amount for ‘‘Missile Pro- ther, That funds previously transferred to Force’’, $233,869,000, to remain available until curement, Army’’, $111,473,000, to remain the ‘‘Joint Improvised Explosive Device De- September 30, 2008. available until September 30, 2009. feat Fund’’ and the ‘‘Iraq Security Forces PROCUREMENT OF WEAPONS AND TRACKED RESEARCH, DEVELOPMENT, TEST AND Fund’’ under the authority of section 8005 of COMBAT VEHICLES, ARMY EVALUATION, DEFENSE-WIDE Public Law 109–289 and transferred back to For an additional amount for ‘‘Procure- For an additional amount for ‘‘Research, their source appropriations accounts shall ment of Weapons and Tracked Combat Vehi- Development, Test and Evaluation, Defense- not be taken into account for purposes of the cles, Army’’, $3,400,315,000, to remain avail- Wide’’, $522,804,000, to remain available until limitation on the amount of funds that may able until September 30, 2009. September 30, 2008. be transferred under section 8005. PROCUREMENT OF AMMUNITION, ARMY REVOLVING AND MANAGEMENT FUNDS SEC. 1303. Funds appropriated in this chap- ter, or made available by the transfer of For an additional amount for ‘‘Procure- NATIONAL DEFENSE SEALIFT FUND ment of Ammunition, Army’’, $681,500,000, to funds in or pursuant to this chapter, for in- For an additional amount for ‘‘National remain available until September 30, 2009. telligence activities are deemed to be specifi- Defense Sealift Fund’’, $5,000,000. cally authorized by the Congress for pur- OTHER PROCUREMENT, ARMY DEFENSE WORKING CAPITAL FUNDS poses of section 504(a)(1) of the National Se- For an additional amount for ‘‘Other Pro- curity Act of 1947 (50 U.S.C. 414(a)(1)). curement, Army’’, $10,589,272,000, to remain For an additional amount for ‘‘Defense Working Capital Funds’’, $1,315,526,000. SEC. 1304. None of the funds provided in available until September 30, 2009. this chapter may be used to finance pro- AIRCRAFT PROCUREMENT, NAVY OTHER DEPARTMENT OF DEFENSE grams or activities denied by Congress in fis- For an additional amount for ‘‘Aircraft PROGRAMS cal years 2006 or 2007 appropriations to the Procurement, Navy’’, $963,903,000, to remain DEFENSE HEALTH PROGRAM Department of Defense or to initiate a pro- available until September 30, 2009. For an additional amount for ‘‘Defense curement or research, development, test and WEAPONS PROCUREMENT, NAVY Health Program’’, $2,466,847,000; of which evaluation new start program without prior For an additional amount for ‘‘Weapons $2,277,147,000 shall be for operation and main- written notification to the congressional de- Procurement, Navy’’, $163,813,000, to remain tenance; of which $118,000,000, to remain fense committees. available until September 30, 2009. available for obligation until September 30, SEC. 1305. During fiscal year 2007, the Sec- retary of Defense may transfer not to exceed PROCUREMENT OF AMMUNITION, NAVY AND 2009, shall be for Procurement; and of which $6,300,000 of the amounts in or credited to the MARINE CORPS $71,700,000, to remain available for obligation until September 30, 2008, shall be for Re- Defense Cooperation Account, pursuant to 10 For an additional amount for ‘‘Procure- search, development, test and evaluation. U.S.C. 2608, to such appropriations or funds ment of Ammunition, Navy and Marine of the Department of Defense as he shall de- DRUG INTERDICTION AND COUNTER-DRUG Corps’’, $159,833,000, to remain available until termine for use consistent with the purposes ACTIVITIES, DEFENSE September 30, 2009. for which such funds were contributed and OTHER PROCUREMENT, NAVY (INCLUDING TRANSFER OF FUNDS) accepted: Provided, That such amounts shall For an additional amount for ‘‘Other Pro- For an additional amount for ‘‘Drug Inter- be available for the same time period as the curement, Navy’’, $722,506,000, to remain diction and Counter-Drug Activities, De- appropriation to which transferred: Provided available until September 30, 2009. fense’’, $254,665,000, to remain available until further, That the Secretary shall report to PROCUREMENT, MARINE CORPS expended: Provided, That these funds may be the Congress all transfers made pursuant to For an additional amount for ‘‘Procure- used only for such activities related to Af- this authority. ment, Marine Corps’’, $1,703,389,000, to re- ghanistan and Central Asia: Provided further, SEC. 1306. (a) AUTHORITY TO PROVIDE SUP- main available until September 30, 2009. That the Secretary of Defense may transfer PORT.—Of the amount appropriated by this such funds only to appropriations for mili- title under the heading, ‘‘Drug Interdiction AIRCRAFT PROCUREMENT, AIR FORCE tary personnel; operation and maintenance; and Counter-Drug Activities, Defense’’, not For an additional amount for ‘‘Aircraft procurement; and research, development, to exceed $60,000,000 may be used for support Procurement, Air Force’’, $1,431,756,000, to test and evaluation: Provided further, That for counter-drug activities of the Govern- remain available until September 30, 2009. the funds transferred shall be merged with ments of Afghanistan, Kazakhstan, and MISSILE PROCUREMENT, AIR FORCE and be available for the same purposes and Pakistan: Provided, That such support shall For an additional amount for ‘‘Missile Pro- for the same time period as the appropria- be in addition to support provided for the curement, Air Force’’, $78,900,000, to remain tion to which transferred: Provided further, counter-drug activities of such Governments available until September 30, 2009. That the transfer authority provided in this under any other provision of the law.

VerDate Mar 15 2010 22:26 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\2007SENATE\S26MR7.REC S26MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3762 CONGRESSIONAL RECORD — SENATE March 26, 2007

(b) TYPES OF SUPPORT.— SEC. 1312. Section 9007 of Public Law 109– (A) acceptable standards for the mainte- (1) Except as specified in subsection (b)(2) 289 is amended by striking ‘‘20’’ and inserting nance and operation of such facilities or of this section, the support that may be pro- ‘‘287’’. quarters, as the case may be; and vided under the authority in this section SEC. 1313. INSPECTION OF MILITARY MEDICAL (B) standards under the Americans with shall be limited to the types of support speci- TREATMENT FACILITIES, MILITARY QUARTERS Disabilities Act of 1990; and fied in section 1033(c)(1) of the National De- HOUSING MEDICAL HOLD PERSONNEL, AND (2) the comprehensive implementation of fense Authorization Act for Fiscal Year 1998 MILITARY QUARTERS HOUSING MEDICAL HOLD- the standards adopted under paragraph (1) at (Public Law 105–85, as amended by Public OVER PERSONNEL. (a) PERIODIC INSPECTION the earliest date practicable. Laws 106–398, 108–136, and 109–364) and condi- REQUIRED.— SEC. 1314. From funds made available for tions on the provision of support as con- (1) IN GENERAL.—Not later than 180 days the ‘‘Iraq Security Forces Fund’’ for fiscal tained in section 1033 shall apply for fiscal after the date of the enactment of this Act, year 2007, up to $155,500,000 may be used, not- year 2007. and annually thereafter, the Secretary of De- withstanding any other provision of law, to (2) The Secretary of Defense may transfer fense shall inspect each facility of the De- provide assistance, with the concurrence of vehicles, aircraft, and detection, intercep- partment of Defense as follows: the Secretary of State, to the Government of tion, monitoring and testing equipment to (A) Each military medical treatment facil- Iraq to support the disarmament, demobili- said Governments for counter-drug activi- ity. zation, and reintegration of militias and ille- ties. (B) Each military quarters housing med- gal armed groups. SEC. 1307. (a) From funds made available ical hold personnel. SEC. 1315. REVISION OF UNITED STATES POL- for operations and maintenance in this title (C) Each military quarters housing med- ICY ON IRAQ. (a) FINDINGS.—Congress makes to the Department of Defense, not to exceed ical holdover personnel. the following findings: $456,400,000 may be used, notwithstanding (2) PURPOSE.—The purpose of an inspection (1) Congress and the American people will any other provision of law, to fund the Com- under this subsection is to ensure that the continue to support and protect the members mander’s Emergency Response Program, for facility or quarters concerned meets accept- of the United States Armed Forces who are the purpose of enabling military com- able standards for the maintenance and oper- serving or have served bravely and honorably manders in Iraq and Afghanistan to respond ation of medical facilities, quarters housing in Iraq. to urgent humanitarian relief and recon- medical hold personnel, or quarters housing (2) The circumstances referred to in the struction requirements within their areas of medical holdover personnel, as applicable. Authorization for Use of Military Force responsibility by carrying out programs that (b) ACCEPTABLE STANDARDS.—For purposes Against Iraq Resolution of 2002 (Public Law will immediately assist the Iraqi and Afghan of this section, acceptable standards for the 107–243) have changed substantially. people. operation and maintenance of military med- (3) United States troops should not be po- (b) QUARTERLY REPORTS.—Not later than 15 ical treatment facilities, military quarters licing a civil war, and the current conflict in days after the end of each fiscal year quar- housing medical hold personnel, or military Iraq requires principally a political solution. ter, the Secretary of Defense shall submit to quarters housing medical holdover personnel (4) United States policy on Iraq must the congressional defense committees a re- are each of the following: change to emphasize the need for a political port regarding the source of funds and the al- (1) Generally accepted standards for the ac- solution by Iraqi leaders in order to maxi- location and use of funds during that quarter creditation of non-military medical facili- mize the chances of success and to more ef- that were made available pursuant to the au- ties, or for facilities used to quarter individ- fectively fight the war on terror. thority provided in this section or under any uals with medical conditions that may re- (b) PROMPT COMMENCEMENT OF PHASED RE- other provision of law for the purposes of the quire medical supervision, as applicable, in DEPLOYMENT OF UNITED STATES FORCES FROM programs under subsection (a). the United States. IRAQ.— SEC. 1308. During fiscal year 2007, super- (2) Standards under the Americans with (1) TRANSITION OF MISSION.—The President vision and administration costs associated Disabilities Act of 1990 (42 U.S.C. 12101 et shall promptly transition the mission of with projects carried out with funds appro- seq.). United States forces in Iraq to the limited priated to ‘‘Afghanistan Security Forces (c) ADDITIONAL INSPECTIONS ON IDENTIFIED purposes set forth in paragraph (2). Fund’’ or ‘‘Iraq Security Forces Fund’’ in DEFICIENCIES.— (2) COMMENCEMENT OF PHASED REDEPLOY- this chapter may be obligated at the time a (1) IN GENERAL.—In the event a deficiency MENT FROM IRAQ.—The President shall com- construction contract is awarded: Provided, is identified pursuant to subsection (a) at a mence the phased redeployment of United That for the purpose of this section, super- facility or quarters described in paragraph States forces from Iraq not later than 120 vision and administration costs include all (1) of that subsection— days after the date of the enactment of this in-house Government costs. (A) the commander of such facility or Act, with the goal of redeploying, by March SEC. 1309. Section 1005(c)(2) of the National quarters, as applicable, shall submit to the 31, 2008, all United States combat forces from Defense Authorization Act, Fiscal Year 2007 Secretary a detailed plan to correct the defi- Iraq except for a limited number that are es- (Public Law 109–364) is amended by striking ciency; and sential for the following purposes: ‘‘$310,277,000’’ and inserting ‘‘$376,446,000’’. (B) the Secretary shall reinspect such fa- (A) Protecting United States and coalition SEC. 1310. None of the funds appropriated cility or quarters, as applicable, not less personnel and infrastructure. or otherwise made available by this or any often than once every 180 days until the defi- (B) Training and equipping Iraqi forces. other Act shall be obligated or expended by ciency is corrected. (C) Conducting targeted counter-terrorism the United States Government for a purpose (2) CONSTRUCTION WITH OTHER INSPEC- operations. as follows: TIONS.—An inspection of a facility or quar- (3) COMPREHENSIVE STRATEGY.—Paragraph (1) To establish any military installation ters under this subsection is in addition to (2) shall be implemented as part of a com- or base for the purpose of providing for the any inspection of such facility or quarters prehensive diplomatic, political, and eco- permanent stationing of United States under subsection (a). nomic strategy that includes sustained en- Armed Forces in Iraq. (d) REPORTS ON INSPECTIONS.—A complete gagement with Iraq’s neighbors and the (2) To exercise United States control over copy of the report on each inspection con- international community for the purpose of any oil resource of Iraq. ducted under subsections (a) and (c) shall be working collectively to bring stability to SEC. 1311. None of the funds made available submitted in unclassified form to the appli- Iraq. in this Act may be used in contravention of cable military medical command and to the (4) REPORTS REQUIRED.—Not later than 60 the following laws enacted or regulations congressional defense committees. days after the date of the enactment of this promulgated to implement the United Na- (e) REPORT ON STANDARDS.—In the event no Act, and every 90 days thereafter, the Presi- tions Convention Against Torture and Other standards for the maintenance and operation dent shall submit to Congress a report on the Cruel, Inhuman or Degrading Treatment or of military medical treatment facilities, progress made in transitioning the mission Punishment (done at New York on December military quarters housing medical hold per- of the United States forces in Iraq and imple- 10, 1984): sonnel, or military quarters housing medical menting the phased redeployment of United (1) Section 2340A of title 18, United States holdover personnel exist as of the date of the States forces from Iraq as required under Code; enactment of this Act, or such standards as this subsection, as well as a classified cam- (2) Section 2242 of the Foreign Affairs Re- do exist do not meet acceptable standards for paign plan for Iraq, including strategic and form and Restructuring Act of 1998 (division the maintenance and operation of such fa- operational benchmarks and projected rede- G of Public Law 105–277; 112 Stat. 2681–822; 8 cilities or quarters, as the case may be, the ployment dates of United States forces from U.S.C. 1231 note) and regulations prescribed Secretary shall, not later than 30 days after Iraq. thereto, including regulations under part 208 that date, submit to Congress a report set- (c) BENCHMARKS FOR THE GOVERNMENT OF of title 8, Code of Federal Regulations, and ting forth the plan of the Secretary to en- IRAQ.— part 95 of title 22, Code of Federal Regula- sure— (1) SENSE OF CONGRESS.—It is the sense of tions; and (1) the adoption by the Department of Congress that— (3) Sections 1002 and 1003 of the Depart- standards for the maintenance and operation (A) achieving success in Iraq is dependent ment of Defense, Emergency Supplemental of military medical facilities, military quar- on the Government of Iraq meeting specific Appropriations to Address Hurricanes in the ters housing medical hold personnel, or mili- benchmarks, as reflected in previous com- Gulf of Mexico, and Pandemic Influenza Act, tary quarters housing medical holdover per- mitments made by the Government of Iraq, 2006 (Public Law 109–148). sonnel, as applicable, that meet— including—

VerDate Mar 15 2010 22:26 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\2007SENATE\S26MR7.REC S26MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 26, 2007 CONGRESSIONAL RECORD — SENATE S3763 (i) deploying trained and ready Iraqi secu- ness and other activities, $18,000,000, to re- tainer, rail, aviation and intermodal radi- rity forces in Baghdad; main available until September 30, 2008. ation detection activities, $39,000,000, to re- (ii) strengthening the authority of Iraqi INFRASTRUCTURE PROTECTION AND main available until expended. commanders to make tactical and oper- INFORMATION SECURITY GENERAL PROVISIONS—THIS CHAPTER ational decisions without political interven- For an additional amount for ‘‘Infrastruc- SEC. 1501. None of the funds provided in tion; ture Protection and Information Security’’ this Act, or Public Law 109–295, shall be (iii) disarming militias and ensuring that for chemical site security activities, available to carry out section 872 of Public Iraqi security forces are accountable only to $18,000,000, to remain available until Sep- Law 107–296. the central government and loyal to the con- tember 30, 2008. SEC. 1502. Section 550 of the Department of stitution of Iraq; Homeland Security Appropriations Act, 2007 FEDERAL EMERGENCY MANAGEMENT AGENCY (iv) enacting and implementing legislation (6 U.S.C. 121 note) is amended by adding at to ensure that the energy resources of Iraq ADMINISTRATIVE AND REGIONAL OPERATIONS the end the following: benefit all Iraqi citizens in an equitable For an additional amount for ‘‘Administra- ‘‘(h) This section shall not preclude or manner; tive and Regional Operations’’ for necessary deny any right of any State or political sub- (v) enacting and implementing legislation expenses related to title V of the Homeland division thereof to adopt or enforce any reg- that equitably reforms the de-Ba’athifi- Security Act of 2002 (6 U.S.C. 101 et seq. (as ulation, requirement, or standard of per- cation process in Iraq; amended by section 611 of the Post-Katrina formance with respect to chemical facility (vi) ensuring a fair process for amending Emergency Management Reform Act of 2006 security that is more stringent than a regu- the constitution of Iraq so as to protect mi- (6 U.S.C. 701 note; Public Law 109–295))), lation, requirement, or standard of perform- nority rights; and $20,000,000, to remain available until Sep- ance issued under this section, or otherwise (vii) enacting and implementing rules to tember 30, 2008: Provided, That none of the impair any right or jurisdiction of any State equitably protect the rights of minority po- funds available under this heading may be with respect to chemical facilities within litical parties in the Iraqi Parliament; and obligated until the Committees on Appro- that State, unless there is an actual conflict (B) each benchmark set forth in subpara- priations of the Senate and the House of between this section and the law of that graph (A) should be completed expeditiously Representatives receive and approve a plan State.’’. and pursuant to a schedule established by for expenditure. CHAPTER 6 the Government of Iraq. STATE AND LOCAL PROGRAMS (2) REPORT.—Not later than 30 days after MILITARY CONSTRUCTION the date of the enactment of this Act, and For an additional amount for ‘‘State and MILITARY CONSTRUCTION, ARMY every 60 days thereafter, the Commander, Local Programs’’, $850,000,000; of which For an additional amount for ‘‘Military Multi-National Forces-Iraq shall submit to $190,000,000 shall be for port security pursu- Construction, Army’’, $1,261,390,000, to re- Congress a report describing and assessing in ant to section 70107(l) of title 46 United main available until September 30, 2008: Pro- detail the current progress being made by States Code; $625,000,000 shall be for intercity vided, That such funds may be obligated and the Government of Iraq in meeting the rail passenger transportation, freight rail, expended to carry out planning and design benchmarks set forth in paragraph (1)(A). and transit security grants; and $35,000,000 and military construction projects not oth- shall be for regional grants and technical as- CHAPTER 4 erwise authorized by law: Provided further, sistance to high risk urban areas for cata- DEPARTMENT OF ENERGY That of the funds provided under this head- strophic event planning and preparedness: ing, $280,300,000 shall not be obligated or ex- ATOMIC ENERGY DEFENSE ACTIVITIES Provided, That none of the funds made avail- pended until the Secretary of Defense cer- NATIONAL NUCLEAR SECURITY able under this heading may be obligated for tifies that none of the funds are to be used ADMINISTRATION such regional grants and technical assist- for the purpose of providing facilities for the DEFENSE NUCLEAR NONPROLIFERATION ance until the Committees on Appropria- permanent basing of U.S. military personnel tions of the Senate and the House of Rep- For an additional amount for ‘‘Defense Nu- in Iraq. resentatives receive and approve a plan for clear Nonproliferation’’, $63,000,000. expenditure: Provided further, That funds for MILITARY CONSTRUCTION, NAVY AND MARINE CHAPTER 5 such regional grants and technical assist- CORPS DEPARTMENT OF HOMELAND SECURITY ance shall remain available until September For an additional amount for ‘‘Military UNITED STATES CUSTOMS AND BORDER 30, 2008. Construction, Navy and Marine Corps’’, $347,890,000, to remain available until Sep- PROTECTION EMERGENCY MANAGEMENT PERFORMANCE tember 30, 2008: Provided, That such funds GRANTS SALARIES AND EXPENSES may be obligated and expended to carry out For an additional amount for ‘‘Salaries For an additional amount for ‘‘Emergency planning and design and military construc- and Expenses’’, $140,000,000, to remain avail- Management Performance Grants’’ for nec- tion projects not otherwise authorized by able until September 30, 2008. essary expenses related to the Nationwide law. Plan Review, $100,000,000. AIR AND MARINE INTERDICTION, OPERATIONS, MILITARY CONSTRUCTION, AIR FORCE UNITED STATES CITIZENSHIP AND IMMIGRATION MAINTENANCE, AND PROCUREMENT For an additional amount for ‘‘Military SERVICES For an additional amount for ‘‘Air and Ma- Construction, Air Force’’, $34,700,000, to re- rine Interdiction, Operations, Maintenance, For an additional amount for expenses of main available until September 30, 2008: Pro- and Procurement’’, for air and marine oper- ‘‘United States Citizenship and Immigration vided, That such funds may be obligated and ations on the Northern Border and the Great Services’’ to address backlogs of security expended to carry out planning and design Lakes, including the final Northern Border checks associated with pending applications and military construction projects not oth- air wing, $75,000,000, to remain available and petitions, $30,000,000, to remain available erwise authorized by law. until September 30, 2008: That none until September 30, 2008. Provided, CHAPTER 7 IMMIGRATION AND CUSTOMS ENFORCEMENT of the funds made available under this head- ing shall be available for obligation until the DEPARTMENT OF STATE AND RELATED SALARIES AND EXPENSES Secretary of Homeland Security, in con- AGENCY For an additional amount for ‘‘Salaries sultation with the United States Attorney DEPARTMENT OF STATE and Expenses’’, $20,000,000, to remain avail- General, submits to the Committees on Ap- ADMINISTRATION OF FOREIGN AFFAIRS able until September 30, 2008. propriations of the Senate and the House of DIPLOMATIC AND CONSULAR PROGRAMS TRANSPORTATION SECURITY ADMINISTRATION Representatives a plan to eliminate the For an additional amount for ‘‘Diplomatic backlog of security checks that establishes AVIATION SECURITY and Consular Programs’’, $815,796,000, to re- information sharing protocols to ensure For an additional amount for ‘‘Aviation main available until September 30, 2008, of United States Citizenship and Immigration Security’’, $660,000,000; of which $600,000,000 which $70,000,000 for World Wide Security Up- Services has the information it needs to shall be for procurement and installation of grades is available until expended: Provided, carry out its mission. checked baggage explosives detection sys- That of the funds appropriated under this tems, to remain available until expended; SCIENCE AND TECHNOLOGY heading, not more than $20,000,000 shall be and $60,000,000 shall be for air cargo security, RESEARCH, DEVELOPMENT, ACQUISITION, AND made available for public diplomacy pro- to remain available until September 30, 2008. OPERATIONS grams: Provided further, That prior to the ob- FEDERAL AIR MARSHALS For an additional amount for ‘‘Research, ligation of funds pursuant to the previous For an additional amount for ‘‘Federal Air Development, Acquisition, and Operations’’ proviso, the Secretary of State shall submit Marshals’’, $15,000,000, to remain available for air cargo research, $15,000,000, to remain a report to the Committees on Appropria- until September 30, 2008. available until expended. tions describing a comprehensive public di- plomacy strategy, with goals and expected PREPAREDNESS DOMESTIC NUCLEAR DETECTION OFFICE results, for fiscal years 2007 and 2008: Pro- MANAGEMENT AND ADMINISTRATION RESEARCH, DEVELOPMENT, AND OPERATIONS vided further, That within 15 days of enact- For an additional amount for ‘‘Office of the For an additional amount for ‘‘Research, ment of this Act, the Office of Management Chief Medical Officer’’ for nuclear prepared- Development, and Operations’’ for non-con- and Budget shall apportion $15,000,000 from

VerDate Mar 15 2010 22:26 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2007SENATE\S26MR7.REC S26MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3764 CONGRESSIONAL RECORD — SENATE March 26, 2007 amounts appropriated or otherwise made ance for internally displaced persons in Iraq, not less than $2,000,000 shall be made avail- available by chapter 8 of title II of division not less than $18,000,000 shall be made avail- able to support the peace process in northern B of Public Law 109–148 under the heading able for emergency shelter, fuel and other as- Uganda: Provided further, That of the funds ‘‘Emergencies in the Diplomatic and Con- sistance for internally displaced persons in made available under the heading ‘‘Eco- sular Service’’ for emergency evacuations: Afghanistan, not less than $10,000,000 shall be nomic Support Fund’’ in Public Law 109–234 Provided further, That of the amount made made available for assistance for northern for Iraq to promote democracy, rule of law available under this heading for Iraq, not to Uganda, not less than $10,000,000 shall be and reconciliation, $2,000,000 should be made exceed $20,000,000 may be transferred to, and made available for assistance for eastern available for the United States Institute of merged with, funds in the ‘‘Emergencies in Democratic Republic of the Congo, and not Peace for programs and activities in Afghan- the Diplomatic and Consular Service’’ appro- less than $10,000,000 shall be made available istan to remain available until September 30, priations account, to be available only for for assistance for Chad. 2008. emergency evacuations and terrorism re- OPERATING EXPENSES OF THE UNITED STATES DEPARTMENT OF STATE wards. AGENCY FOR INTERNATIONAL DEVELOPMENT ASSISTANCE FOR EASTERN EUROPE AND THE OFFICE OF INSPECTOR GENERAL For an additional amount for ‘‘Operating BALTIC STATES For an additional amount for ‘‘Office of In- Expenses of the United States Agency for For an additional amount for ‘‘Assistance spector General’’, $36,500,000, to remain International Development’’, $5,700,000, to re- for Eastern Europe and the Baltic States’’, available until December 31, 2008: Provided, main available until September 30, 2008. $214,000,000, to remain available until Sep- That of the funds appropriated under this OPERATING EXPENSES OF THE UNITED STATES tember 30, 2008, for assistance for Kosovo. heading, not less than $1,500,000 shall be AGENCY FOR INTERNATIONAL DEVELOPMENT DEMOCRACY FUND made available for activities related to over- OFFICE OF INSPECTOR GENERAL For an additional amount for ‘‘Democracy sight of assistance furnished for Iraq and Af- For an additional amount for ‘‘Operating Fund’’, $465,000,000, to remain available until ghanistan with funds appropriated in this Expenses of the United States Agency for September 30, 2008: Provided, That of the Act and in prior appropriations Acts: Pro- International Development Office of Inspec- funds appropriated under this heading, not vided further, That $35,000,000 of these funds tor General’’, $4,000,000, to remain available less than $385,000,000 shall be made available shall be transferred to the Special Inspector until September 30, 2008: Provided, That of for the Human Rights and Democracy Fund General for Iraq Reconstruction for recon- the funds appropriated under this heading, of the Bureau of Democracy, Human Rights struction oversight. not less than $3,000,000 shall be made avail- and Labor, Department of State, for democ- EDUCATIONAL AND CULTURAL EXCHANGE able for activities related to oversight of as- racy, human rights, and rule of law programs PROGRAMS sistance furnished for Iraq with funds appro- in Iraq: Provided further, That prior to the priated in this Act and in prior appropria- For an additional amount for ‘‘Educational initial obligation of funds made available tions Acts, and not less than $1,000,000 shall and Cultural Exchange Programs’’, under this heading for Iraq for the Political be made available for activities related to $25,000,000, to remain available until ex- Participation Fund or the National Institu- oversight of assistance furnished for Afghan- pended. tions Fund, the Secretary of State shall sub- istan with funds appropriated in this Act and INTERNATIONAL ORGANIZATIONS mit a report to the Committees on Appro- in prior appropriations Acts. priations describing a comprehensive, long- CONTRIBUTIONS TO INTERNATIONAL OTHER BILATERAL ECONOMIC ORGANIZATIONS term strategy, with goals and expected re- ASSISTANCE sults, for strengthening and advancing de- For an additional amount for ‘‘Contribu- ECONOMIC SUPPORT FUND mocracy in Iraq: Provided further, That of the tions to International Organizations’’, For an additional amount for ‘‘Economic funds appropriated under this heading, not $59,000,000, to remain available until Sep- Support Fund’’, $2,602,200,000, to remain less than $5,000,000 shall be made available tember 30, 2008. available until September 30, 2008: Provided, for media and reconciliation programs in So- CONTRIBUTIONS FOR INTERNATIONAL That of the funds appropriated under this malia. PEACEKEEPING ACTIVITIES heading that are available for assistance for INTERNATIONAL NARCOTICS CONTROL AND LAW For an additional amount for ‘‘Contribu- Iraq, not less than $100,000,000 shall be made ENFORCEMENT tions for International Peacekeeping Activi- available to the United States Agency for (INCLUDING RESCISSION OF FUNDS) ties’’, $200,000,000, to remain available until International Development for continued September 30, 2008. support for its Community Action Program For an additional amount for ‘‘Inter- national Narcotics Control and Law Enforce- RELATED AGENCY in Iraq, of which not less than $5,000,000 shall be made available for the fund established by ment’’, $210,000,000, to remain available until BROADCASTING BOARD OF GOVERNORS section 2108 of Public Law 109–13: Provided September 30, 2008. INTERNATIONAL BROADCASTING OPERATIONS further, That of the funds appropriated under Of the amounts made available for procure- For an additional amount for ‘‘Inter- this heading that are available for assistance ment of a maritime patrol aircraft for the national Broadcasting Operations’’ for ac- for Afghanistan, not less than $10,000,000 Colombian Navy under this heading in Pub- tivities related to broadcasting to the Middle shall be made available to the United States lic Law 109–234, $13,000,000 are rescinded. East, $10,000,000, to remain available until Agency for International Development for MIGRATION AND REFUGEE ASSISTANCE September 30, 2008. continued support for its Afghan Civilian As- For an additional amount for ‘‘Migration FOREIGN OPERATIONS sistance Program: Provided further, That of and Refugee Assistance’’, $143,000,000, to re- the funds appropriated under this heading, BILATERAL ECONOMIC ASSISTANCE main available until September 30, 2008: Pro- not less than $6,000,000 shall be made avail- vided, That of the funds appropriated under FUNDS APPROPRIATED TO THE able for assistance for elections, reintegra- this heading, not less than $65,000,000 shall be PRESIDENT tion of ex-combatants, and other assistance made available for assistance for Iraqi refu- UNITED STATES AGENCY FOR INTERNATIONAL to support the peace process in Nepal: Pro- gees including not less than $5,000,000 to res- DEVELOPMENT vided further, That of the funds appropriated cue Iraqi scholars, and not less than CHILD SURVIVAL AND HEALTH PROGRAMS FUND under this heading, not less than $3,200,000 $18,000,000 shall be made available for assist- shall be made available, notwithstanding For an additional amount for ‘‘Child Sur- ance for Afghan refugees. any other provision of law, for assistance for vival and Health Programs Fund’’, UNITED STATES EMERGENCY REFUGEE AND Vietnam for environmental remediation of $161,000,000, to remain available until Sep- MIGRATION ASSISTANCE FUND dioxin storage sites and to support health tember 30, 2008: Provided, That notwith- programs in communities near those sites: For an additional amount for ‘‘United standing any other provision of law, funds Provided further, That funds made available States Emergency Refugee and Migration made available under the heading ‘‘Millen- pursuant to the previous proviso should be Assistance Fund’’, $55,000,000, to remain nium Challenge Corporation’’ and ‘‘Global matched, to the maximum extent possible, available until expended. HIV/AIDS Initiative’’ in prior Acts making with contributions from other governments, NONPROLIFERATION, ANTI-TERRORISM, appropriations for foreign operations, export multilateral organizations, and private DEMINING AND RELATED PROGRAMS financing and related programs may be made sources: Provided further, That of the funds available to combat the avian influenza, sub- For an additional amount for ‘‘Non- made available under this heading, not less ject to the regular notification procedures of proliferation, Anti-Terrorism, Demining and than $6,000,000 shall be made available for ty- the Committees on Appropriations. Related Programs’’, $27,500,000, to remain phoon reconstruction assistance for the Phil- available until September 30, 2008. INTERNATIONAL DISASTER AND FAMINE ippines: Provided further, That of the funds DEPARTMENT OF THE TREASURY ASSISTANCE made available under this heading, not less For an additional amount for ‘‘Inter- than $110,000,000 shall be made available for INTERNATIONAL AFFAIRS TECHNICAL national Disaster and Famine Assistance’’, assistance for Pakistan, of which not less ASSISTANCE PROGRAM $187,000,000, to remain available until ex- than $5,000,000 shall be made available for po- For an additional amount for ‘‘Inter- pended: Provided, That of the funds appro- litical party development and election moni- national Affairs Technical Assistance’’, priated under this heading, not less than toring activities: Provided further, That of $2,750,000, to remain available until Sep- $65,000,000 shall be made available for assist- the funds appropriated under this heading, tember 30, 2008.

VerDate Mar 15 2010 22:26 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2007SENATE\S26MR7.REC S26MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 26, 2007 CONGRESSIONAL RECORD — SENATE S3765 MILITARY ASSISTANCE ance for Lebanon under the headings ‘‘For- ‘‘Economic Support Fund’’. FUNDS APPROPRIATED TO THE eign Military Financing Program’’ and ‘‘Assistance for Eastern Europe and Baltic PRESIDENT ‘‘Nonproliferation, Anti-terrorism, Demining States’’. FOREIGN MILITARY FINANCING PROGRAM and Related Programs’’, the Secretary of ‘‘Democracy Fund’’. State shall certify to the Committees on Ap- ‘‘Migration and Refugee Assistance’’. For an additional amount for ‘‘Foreign propriations that all practicable efforts have Military Financing Program’’, $220,000,000, to ‘‘Nonproliferation, Anti-Terrorism, Demin- been made to ensure that such assistance is remain available until September 30, 2008, for ing and Related Programs’’. not provided to or through any individual, or assistance for Lebanon. ‘‘Peacekeeping Operations’’. private or government entity, that advo- (b) Any proposed increases or decreases to PEACEKEEPING OPERATIONS cates, plans, sponsors, engages in, or has en- the amounts contained in the tables in the (INCLUDING TRANSFER OF FUNDS) gaged in, terrorist activity: Provided, That accompanying report shall be subject to the For an additional amount for ‘‘Peace- this section shall be effective notwith- regular notification procedures of the Com- keeping Operations’’, $323,000,000, to remain standing section 534(a) of Public Law 109–102, mittees on Appropriations and section 634A available until September 30, 2008, of which which is made applicable to funds appro- of the Foreign Assistance Act of 1961. up to $128,000,000 may be transferred, subject priated for fiscal year 2007 by the Continuing BENCHMARKS FOR CERTAIN RECONSTRUCTION to the regular notification procedures of the Appropriations Resolution, 2007, as amended. ASSISTANCE FOR IRAQ Committees on Appropriations, to ‘‘Con- HUMAN RIGHTS AND DEMOCRACY FUND SEC. 1710. (a) BENCHMARKS.—Notwith- tributions to International Peacekeeping Ac- SEC. 1707. The Assistant Secretary of State standing any other provision of law, fifty tivities’’, to be made available, notwith- for Democracy, Human Rights and Labor percent of the funds appropriated by this Act standing any other provision of law, for as- shall be responsible for all policy, funding, for assistance for Iraq under the headings sessed costs of United Nations Peacekeeping and programming decisions regarding funds ‘‘Economic Support Fund’’ and ‘‘Inter- Missions: Provided, That of the funds appro- made available under this Act and prior Acts national Narcotics and Law Enforcement’’ priated under this heading, not less than making appropriations for foreign oper- shall be withheld from obligation until the $45,000,000 shall be made available, notwith- ations, export financing and related pro- President certifies to the Committees on Ap- standing section 660 of the Foreign Assist- grams for the Human Rights and Democracy propriations and Foreign Relations of the ance Act of 1961, for assistance for Liberia Fund of the Bureau of Democracy, Human Senate and the Committees on Appropria- for security sector reform. Rights and Labor. tions and Foreign Affairs of the House of GENERAL PROVISIONS—THIS CHAPTER INSPECTOR GENERAL OVERSIGHT OF IRAQ AND Representatives that the Government of Iraq AUTHORIZATION OF FUNDS AFGHANISTAN has— SEC. 1701. Funds appropriated by this title SEC. 1708. (a) IN GENERAL.—Subject to (1) enacted a broadly accepted hydro-car- may be obligated and expended notwith- paragraph (2), the Inspector General of the bon law that equitably shares oil revenues standing section 10 of Public Law 91–672 (22 Department of State and the Broadcasting among all Iraqis; U.S.C. 2412), section 15 of the State Depart- Board of Governors (referred to in this sec- (2) adopted legislation necessary for the ment Basic Authorities Act of 1956 (22 U.S.C. tion as the ‘‘Inspector General’’) may use conduct of provincial and local elections, 2680), section 313 of the Foreign Relations personal services contracts to engage citi- taken steps to implement such legislation, Authorization Act, Fiscal Years 1994 and 1995 zens of the United States to facilitate and and set a schedule to conduct provincial and (22 U.S.C. 6212), and section 504(a)(1) of the support the Office of the Inspector General’s local elections; National Security Act of 1947 (50 U.S.C. oversight of programs and operations related (3) reformed current laws governing the de- 414(a)(1)). to Iraq and Afghanistan. Individuals engaged Baathification process to allow for more eq- EXTENSION OF AVAILABILITY OF FUNDS by contract to perform such services shall uitable treatment of individuals affected by SEC. 1702. Section 1302(a) of Public Law 109– not, by virtue of such contract, be considered such laws; 234 is amended by striking ‘‘one additional to be employees of the United States Govern- (4) amended the Constitution of Iraq con- year’’ and inserting in lieu thereof ‘‘two ad- ment for purposes of any law administered sistent with the principles contained in Arti- ditional years’’. by the Office of Personnel Management. The cle 137 of such constitution; and EXTENSION OF OVERSIGHT AUTHORITY Secretary of State may determine the appli- (5) allocated and begun expenditure of $10,000,000,000 in Iraqi revenues for recon- SEC. 1703. Section 3001(o)(1)(B) of the Emer- cability to such individuals of any law ad- gency Supplemental Appropriations Act for ministered by the Secretary concerning the struction projects, including delivery of es- Defense and for the Reconstruction of Iraq performance of such services by such individ- sential services, on an equitable basis. (b) EXEMPTIONS.—The requirement to with- and Afghanistan, 2004 (Public Law 108–106; uals. hold funds from obligation pursuant to sub- 117 Stat. 1238; 5 U.S.C. App., note to section (b) CONDITIONS.—The authority under para- section (a) shall not apply with respect to 8G of Public Law 95–452), as amended by sec- graph (1) is subject to the following condi- funds made available under the heading tion 1054(b) of the John Warner National De- tions: ‘‘Economic Support Fund’’ that are adminis- fense Authorization Act for Fiscal Year 2007 (1) The Inspector General determines that (Public Law 109–364; 120 Stat. 2397) and sec- existing personnel resources are insufficient. tered by the United States Agency for Inter- tion 2 of the Iraq Reconstruction Account- (2) The contract length for a personal serv- national Development for continued support ability Act of 2006 (Public Law 109–440), is ices contractor, including options, may not for the Community Action Program, assist- amended by inserting ‘‘or fiscal year 2007’’ exceed 1 year, unless the Inspector General ance for civilian victims of the military op- after ‘‘fiscal year 2006’’. makes a finding that exceptional cir- erations, and the Community Stabilization cumstances justify an extension of up to 2 Program in Iraq, or for programs and activi- DEBT RESTRUCTURING additional years. ties to promote democracy, governance, SEC. 1704. Amounts appropriated for fiscal (3) Not more than 20 individuals may be human rights, and rule of law. year 2007 for ‘‘Bilateral Economic Assist- employed at any time as personal services (c) REPORT.—At the time the President ance—Department of the Treasury—Debt Re- contractors under the program. certifies to the Committees on Appropria- structuring’’ may be used to assist Liberia in (c) TERMINATION OF AUTHORITY.—The au- tions and Foreign Relations of the Senate retiring its debt arrearages to the Inter- thority to award personal services contracts and the Committees on Appropriations and national Monetary Fund, the International under this section shall terminate on Decem- Foreign Affairs of the House of Representa- Bank for Reconstruction and Development, ber 31, 2008. A contract entered into prior to tives that the Government of Iraq has met and the African Development Bank. the termination date under this paragraph the benchmarks described in subsection (a), JORDAN may remain in effect until not later than De- the President shall submit to such Commit- (INCLUDING TRANSFER OF FUNDS) cember 31, 2009. tees a report that contains a detailed de- SEC. 1705. Of the funds appropriated by this (d) OTHER AUTHORITIES NOT AFFECTED.— scription of the specific actions that the Act for assistance for Iraq under the heading The authority under this section is in addi- Government of Iraq has taken to meet each ‘‘Economic Support Fund’’ that are available tion to any other authority of the Inspector of the benchmarks referenced in the certifi- to support Provincial Reconstruction Team General to hire personal services contrac- cation. activities, up to $100,000,000 may be trans- tors. RELIEF FOR IRAQI, HMONG AND OTHER REFU- ferred to, and merged with, funds appro- FUNDING TABLES GEES WHO DO NOT POSE A THREAT TO THE priated by this Act under the headings ‘‘For- SEC. 1709. (a) Funds provided in this Act for UNITED STATES eign Military Financing Program’’ and the following accounts shall be made avail- SEC. 1711. (a) AMENDMENT TO AUTHORITY TO ‘‘Nonproliferation, Anti-terrorism, Demining able for programs and countries in the DETERMINE THE BAR TO ADMISSION INAPPLI- and Related Programs’’ for assistance for amounts contained in the respective tables CABLE.—Section 212(d)(3)(B)(i) of the Immi- Jordan: Provided, That funds transferred pur- included in the report accompanying this gration and Nationality Act (8 U.S.C. suant to this section shall be subject to the Act: 1182(d)(3)(B)(i)) is amended to read as follows: regular notification procedures of the Com- ‘‘Diplomatic and Consular Programs’’. ‘‘The Secretary of State, after consultation mittees on Appropriations. ‘‘Educational and Cultural Exchange Pro- with the Attorney General and the Secretary LEBANON grams’’. of Homeland Security, or the Secretary of SEC. 1706. Prior to the initial obligation of ‘‘International Disaster and Famine As- Homeland Security, after consultation with funds made available in this Act for assist- sistance’’. the Secretary of State and the Attorney

VerDate Mar 15 2010 22:26 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\2007SENATE\S26MR7.REC S26MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3766 CONGRESSIONAL RECORD — SENATE March 26, 2007 General, may determine in such Secretary’s 212(d)(3)(B) of the Immigration and Nation- Marine Fisheries Service shall cause sole unreviewable discretion that subsection ality Act (8 U.S.C. 1182(a)(3)(B) and $60,400,000 to be distributed among eligible (a)(3)(B) shall not apply with respect to an 1182(d)(3)(B)), as amended by these sections, recipients of assistance for the commercial alien within the scope of that subsection, or shall apply to— fishery failure designated under section that subsection (a)(3)(B)(vi)(III) shall not (1) removal proceedings instituted before, 312(a) of the Magnuson-Stevens Fishery Con- apply to a group. Such a determination shall on, or after the date of enactment of this servation and Management Act (16 U.S.C. neither prejudice the ability of the United section; and 1861a(a)) and declared by the Secretary of States Government to commence criminal or (2) acts and conditions constituting a Commerce on August 10, 2006: Provided fur- civil proceedings involving a beneficiary of ground for inadmissibility, excludability, de- ther, That of the amount provided under this such a determination or any other person, portation, or removal occurring or existing heading, $105,500,000 shall be for necessary nor create any substantive or procedural before, on, or after such date. expenses related to the consequences of Hur- right or benefit for a beneficiary of such a SPENDING PLAN AND NOTIFICATION PROCEDURES ricanes Katrina and Rita on shrimp and fish- determination or any other person. Notwith- ing industries. SEC. 1712. Not later than 45 days after en- standing any other provision of law (statu- PROCUREMENT, ACQUISITION, AND tory or non-statutory), including but not actment of this Act the Secretary of State CONSTRUCTION limited to section 2241 of title 28, or any shall submit to the Committees on Appro- other habeas corpus provision, and sections priations a report detailing planned expendi- For an additional amount for ‘‘Procure- 1361 and 1651 of such title, no court shall tures for funds appropriated under the head- ment, Acquisition and Construction’’, for have jurisdiction to review such a deter- ings in this chapter, except for funds appro- necessary expenses related to disaster re- mination or revocation except in a pro- priated under the headings ‘‘International sponse and preparedness of the Gulf of Mex- ceeding for review of a final order of removal Disaster and Famine Assistance’’, ‘‘Office of ico coast, $6,000,000, to remain available until pursuant to section 242 and only to the ex- the United States Agency for International September 30, 2008. tent provided in section 242(a)(2)(D). The Development Inspector General’’, and ‘‘Of- FISHERIES DISASTER MITIGATION FUND Secretary of State may not exercise the dis- fice of the Inspector General’’: Provided, That For an additional amount for a ‘‘Fisheries cretion provided in this clause with respect funds appropriated under the headings in Disaster Mitigation Fund’’, $50,000,000, to re- to an alien at any time during which the this chapter, except for funds appropriated main available until expended for use in alien is the subject of pending removal pro- under the headings named in this section, mitigating the effects of commercial fish- ceedings under section 1229a of title 8.’’. shall be subject to the regular notification eries failures and fishery resource disasters (b) AUTOMATIC RELIEF FOR THE HMONG AND procedures of the Committees on Appropria- as determined under the Magnuson Stevens OTHER GROUPS THAT DO NOT POSE A THREAT tions. Act (16 U.S.C. 1801 et seq.) or the Interjuris- TO THE UNITED STATES.—Section 212(a)(3)(B) TITLE II dictional Fisheries Act (16 U.S.C. 4101 et of the Immigration and Nationality Act (8 KATRINA RECOVERY, VETERANS’ CARE seq.): Provided, That the Secretary of Com- U.S.C. 1182(a)(3)(B)) is amended— AND FOR OTHER PURPOSES merce shall obligate funds provided under (1) in clause (vi) in the matter preceding this heading according to the Magnuson Ste- CHAPTER 1 section (I), by striking ‘‘As’’ and inserting vens Conservation Act, as amended, the ‘‘Except as provided in clause (vii), as’’; and GENERAL PROVISION—THIS CHAPTER Interjurisdictional Fisheries Act, as amend- (2) by adding at the end the following new EMERGENCY FORESTRY CONSERVATION RESERVE ed, or other Acts as the Secretary deter- clause: PROGRAM mines to be appropriate. ‘‘(vii) Notwithstanding clause (vi), for pur- SEC. 2101. Section 1231(k)(2) of the Food Se- GENERAL PROVISION—THIS CHAPTER poses of this section the Hmong, the curity Act of 1985 (16 U.S.C. 3831(k)(2)) is SEC. 2201. Up to $48,000,000 of amounts Montagnards, the Karen National Union/ amended by striking ‘‘During calendar year made available to the National Aeronautics Karen Liberation Army (KNU/KNLA), the 2006, the’’ and inserting ‘‘The’’. and Space Administration in Public Law 109– Chin National Front/Chin National Army 148 and Public Law 109–234 for emergency (CNF/CNA), the Chin National League for CHAPTER 2 hurricane and other natural disaster-related Democracy (CNLD), the Kayan New Land DEPARTMENT OF JUSTICE expenses may be used to reimburse hurri- Party (KNLP), the Arakan Liberation Party OFFICE OF JUSTICE PROGRAMS cane-related costs incurred by NASA in fis- (ALP), the Mustangs, the Alzados, and the STATE AND LOCAL LAW ENFORCEMENT cal year 2005. Karenni National Progressive Party shall ASSISTANCE not be considered to be a terrorist organiza- CHAPTER 3 tion on the basis of any act or event occur- For an additional amount for ‘‘State and DEPARTMENT OF DEFENSE—CIVIL Local Law Enforcement Assistance’’, for dis- ring before the date of enactment of this sec- DEPARTMENT OF THE ARMY cretionary grants authorized by subpart 2 of tion. Nothing in this subsection may be con- CORPS OF ENGINEERS—CIVIL strued to alter or limit the authority of the part E, of title I of the Omnibus Crime Con- CONSTRUCTION Secretary of State and Secretary of Home- trol and Safe Streets Act of 1968, notwith- land Security to exercise their discretionary standing the provisions of section 511 of said For an additional amount for ‘‘Construc- authority pursuant to 212(d)(3)(B)(i) (8 U.S.C. Act, $170,000,000, to remain available until tion’’ for necessary expenses related to the 1182(d)(3)(B)(i)).’’. September 30, 2008: Provided, That of the consequences of Hurricane Katrina and other (c) DURESS EXCEPTION.—Section amount made available under this heading, hurricanes of the 2005 season, $150,000,000, to 212(a)(3)(B)(iv)(VI) of the Immigration and $70,000,000 shall be for local law enforcement remain available until expended, which may Nationality Act (8 U.S.C. initiatives in the gulf coast region related to be used to continue construction of projects 1182(a)(3)(B)(iv)(VI)) is amended by adding the aftermath of Hurricanes Katrina and related to interior drainage for the greater ‘‘other than an act carried out under duress’’ Rita, of which no less than $55,000,000 shall New Orleans metropolitan area. after ‘‘act’’ and before ‘‘that the actor be for the State of Louisiana: Provided fur- OPERATION AND MAINTENANCE knows’’. ther, That of the amount made available under this heading, $100,000,000 shall be for For an additional amount for ‘‘Operation (d) TECHNICAL CORRECTION.—Section and Maintenance’’ to dredge navigation 212(a)(3)(B)(ii) of the Immigration and Na- reimbursing State and local law enforcement entities for security and related costs, in- channels related to the consequences of Hur- tionality Act (8 U.S.C. 1182(a)(3)(B)(ii)) is ricane Katrina and other hurricanes of the amended by striking ‘‘Subclause (VII)’’ and cluding overtime, associated with the 2008 Presidential Candidate Nominating Conven- 2005 season, $3,000,000, to remain available inserting ‘‘Subclause (IX)’’. until expended. (e) REGULATIONS.—Section 212(d)(3)(B) of tions, of which $50,000,000 shall be for the the Immigration and Nationality Act (8 city of Denver, Colorado and $50,000,000 shall FLOOD CONTROL AND COASTAL EMERGENCIES U.S.C. 1182(d)(3)(B)) is amended by adding the be for the city of St. Paul, Minnesota: Pro- For an additional amount for ‘‘Flood Con- following subsection: vided further, That the Department of Justice trol and Coastal Emergencies’’, as authorized ‘‘(iii) Not later than 180 days after the date shall report to the Committees on Appro- by section 5 of the Act of August 18, 1941 (33 of enactment of this Act, the Secretary of priations of the House and the Senate on a U.S.C. 701n), for necessary expenses relating the Department of Homeland Security and quarterly basis on the expenditure of the to the consequences of Hurricanes Katrina Secretary of State shall each publish in the funds provided in the previous proviso. and Rita and for other purposes, Federal Register regulations establishing DEPARTMENT OF COMMERCE $1,557,700,000, to remain available until ex- the process by which the eligibility of a ref- pended: Provided, That $1,300,000,000 of the NATIONAL OCEANIC AND ATMOSPHERIC ugee, asylum seeker, or individual seeking to amount provided may be used by the Sec- ADMINISTRATION adjust his immigration status is considered retary of the Army to carry out projects and eligible for any of the exceptions authorized OPERATIONS, RESEARCH, AND FACILITIES measures to provide the level of protection by clause (i), including a timeline for issuing For an additional amount for ‘‘Operations, necessary to achieve the certification re- a determination.’’. Research, and Facilities’’, for necessary ex- quired for the 100-year level of flood protec- (f) EFFECTIVE DATE.—The amendments penses related to fisheries disasters, tion in accordance with the national flood made by this section shall take effect on the $165,900,000, to remain available until Sep- insurance program under the base flood ele- date of enactment of this section, and these tember 30, 2008: Provided, That of the amount vations in existence at the time of construc- amendments and sections 212(a)(3)(B) and provided under this heading, the National tion of the enhancements for the West Bank

VerDate Mar 15 2010 22:26 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\2007SENATE\S26MR7.REC S26MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 26, 2007 CONGRESSIONAL RECORD — SENATE S3767 and Vicinity and Lake Ponchartrain and Vi- (b) The expenditure of funds as provided in to and merge such amounts with ‘‘Salaries cinity, Louisiana, projects, as described subsection (a) may be made without regard and Expenses’’, if— under the heading ‘‘Flood Control and Coast- to individual amounts or purposes specified (A) such amounts are— al Emergencies’’, in chapter 3 of Public Law in chapter 3 of Public Law 109–234. (i) not obligated on the later of 5 months 109–148: Provided further, That $150,000,000 of (c) Any reallocation of funds that are nec- after the date of enactment of this Act and the amount provided may be used to support essary to accomplish the goal established in August 29, 2007; or emergency operations, repairs and other ac- subsection (a) are authorized. Reallocation (ii) necessary to provide assistance in the tivities in response to flood, drought and of funds in excess of $250,000,000 or 50 percent, event of a major disaster; and earthquake emergencies as authorized by whichever is less, of the individual amounts (B) not later than 5 days before any such law: Provided further, That $107,700,000 of the specified in chapter 3 of Public Law 109–234 use or transfer of amounts, the Adminis- amount provided may be used to implement require notifications of the House and Sen- trator provides written notification of such the projects for hurricane storm damage re- ate Committees on Appropriation. use or transfer to the Committee on Appro- duction, flood damage reduction, and eco- CHAPTER 4 priations of the Senate and the Committee system restoration within Hancock, Har- SMALL BUSINESS ADMINISTRATION on Appropriations of the House of Represent- rison, and Jackson Counties, Mississippi sub- atives. DISASTER LOANS PROGRAM ACCOUNT stantially in accordance with the Report of SEC. 2402. OTHER PROGRAMS. (a) the Chief of Engineers dated December 31, (INCLUDING TRANSFER OF FUNDS) HUBZONES.—Section 3(p) of the Small Busi- 2006, and entitled ‘‘Mississippi, Coastal Im- For an additional amount for ‘‘Disaster ness Act (15 U.S.C. 632(p)) is amended— provements Program Interim Report, Han- Loans Program Account’’ for administrative (1) in paragraph (1)— cock, Harrison, and Jackson Counties, Mis- expenses to carry out the disaster loan pro- (A) in subparagraph (D), by striking ‘‘or’’; sissippi’’: Provided further, That projects au- gram, $25,069,000, to remain available until (B) in subparagraph (E), by striking the pe- thorized for implementation under this expended, which may be transferred to and riod at the end and inserting ‘‘; or’’; and Chief’s report shall be carried out at full merged with ‘‘Small Business Administra- (C) by adding at the end the following: Federal expense, except that the non-Federal tion, Salaries and Expenses’’. ‘‘(F) an area in which the President has de- interests shall be responsible for providing GENERAL PROVISIONS—THIS CHAPTER clared a major disaster (as that term is de- any lands, easements, rights-of-way, disposal fined in section 102 of the Robert T. Stafford areas, and relocations required for construc- SEC. 2401. ECONOMIC INJURY DISASTER LOANS. (a) DEFINITIONS.—In this section— Disaster Relief and Emergency Assistance tion of the project and for all costs associ- Act (42 U.S.C. 5122)) as a result of Hurricane ated with operation and maintenance of the (1) the term ‘‘Administrator’’ means the Administrator of the Small Business Admin- Katrina of August 2005 or Hurricane Rita of project: Provided further, That any project September 2005, during the time period de- using funds appropriated under this heading istration; (2) the term ‘‘covered small business con- scribed in paragraph (8).’’; and shall be initiated only after non-Federal in- (2) by adding at the end the following: terests have entered into binding agreements cern’’ means a small business concern— (A) that is located in any area in Louisiana ‘‘(8) TIME PERIOD.—The time period for the with the Secretary requiring the non-Federal purposes of paragraph (1)(F)— interests to pay 100 percent of the operation, or Mississippi for which the President de- clared a major disaster because of Hurricane ‘‘(A) shall be the 2-year period beginning maintenance, repair, replacement, and reha- on the later of the date of enactment of this bilitation costs of the project and to hold Katrina of 2005 or Hurricane Rita of 2005; (B) that has not more than 50 full-time em- paragraph and August 29, 2007; and and save the United States free from dam- ‘‘(B) may, at the discretion of the Adminis- ages due to the construction or operation ployees; and (C) that— trator, be extended to be the 3-year period and maintenance of the project, except for beginning on the later of the date of enact- damages due to the fault or negligence of the (i)(I) suffered a substantial economic in- jury as a result of Hurricane Katrina of 2005 ment of this paragraph and August 29, 2007.’’. United States or its contractors. (b) RELIEF FROM TEST PROGRAM.—Section DEPARTMENT OF INTERIOR or Hurricane Rita of 2005, because of a reduc- tion in travel or tourism to the area de- 711(d) of the Small Business Competitive BUREAU OF RECLAMATION scribed in subparagraph (A); and Demonstration Program Act of 1988 (15 WATER AND RELATED RESOURCES (II) demonstrates that, during the 1-year U.S.C. 644 note) is amended— For an additional amount for ‘‘Water and period ending on August 28, 2005, not less (1) by striking ‘‘The Program’’ and insert- Related Resources’’, $18,000,000, to remain than 45 percent of the revenue of that small ing the following: available until expended for drought assist- business concern resulted from tourism or ‘‘(1) IN GENERAL.—Except as provided in ance: Provided, That drought assistance may travel related sales; or paragraph (2), the Program’’; and be provided under the Reclamation States (ii)(I) suffered a substantial economic in- (2) by adding at the end the following: Drought Emergency Act or other applicable jury as a result of Hurricane Katrina of 2005 ‘‘(2) EXCEPTION.— Reclamation authorities to assist drought or Hurricane Rita of 2005; and ‘‘(A) IN GENERAL.—The Program shall not plagued areas of the West. (II) operates in a parish or county for apply to any contract related to relief or re- GENERAL PROVISIONS—THIS CHAPTER which the population on the date of enact- construction from Hurricane Katrina of 2005 ment of this Act, as determined by the Ad- or Hurricane Rita of 2005 during the time pe- SEC. 2301. The Secretary is authorized and riod described in subparagraph (B). directed to reimburse local governments for ministrator, is not greater than 75 percent of ‘‘(B) TIME PERIOD.—The time period for the expenses they have incurred in storm-proof- the population of that parish or county be- fore August 28, 2005, based on the most re- purposes of subparagraph (A)— ing pumping stations, constructing safe ‘‘(i) shall be the 2-year period beginning on houses for operators, and other interim flood cent United States population estimate available before August 28, 2005; the later of the date of enactment of this control measures in and around the New Or- paragraph and August 29, 2007; and leans metropolitan area, provided the Sec- (3) the term ‘‘major disaster’’ has the meaning given that term in section 102 of the ‘‘(ii) may, at the discretion of the Adminis- retary determines those elements of work trator, be extended to be the 3-year period and related expenses to be integral to the Robert T. Stafford Disaster Relief and Emer- gency Assistance Act (42 U.S.C. 5122); and beginning on the later of the date of enact- overall plan to ensure operability of the sta- ment of this paragraph and August 29, 2007.’’. tions during hurricanes, storms and high (4) the term ‘‘small business concern’’ has water events and the flood control plan for the meaning given that term in section 3 of CHAPTER 5 the area. the Small Business Act (15 U.S.C. 632). DEPARTMENT OF HOMELAND SECURITY SEC. 2302. The limitation concerning total (b) APPROPRIATION.— FEDERAL EMERGENCY MANAGEMENT AGENCY (1) IN GENERAL.—There are appropriated, project costs in section 902 of the Water Re- DISASTER RELIEF sources Development Act of 1986, as amended out of any money in the Treasury not other- For an additional amount for ‘‘Disaster (33 U.S.C. 2280), shall not apply during fiscal wise appropriated, $25,000,000 to the Adminis- Relief’’ for necessary expenses under the year 2008 to any water resources project for trator, which, except as provided in para- Robert T. Stafford Disaster Relief and Emer- which funds were made available during fis- graph (2) or (3), shall be used for loans under gency Assistance Act (42 U.S.C. 5121 et seq.), cal year 2007. section 7(b)(2) of the Small Business Act (15 $4,310,000,000, to remain available until ex- SEC. 2303. (a) The Secretary of the Army is U.S.C. 636(b)(2)) to covered small business authorized and directed to utilize funds re- concerns. pended. maining available for obligation from the (2) ADMINISTRATIVE EXPENSES.—Of the GENERAL PROVISIONS—THIS CHAPTER amounts appropriated in chapter 3 of Public amounts made available under paragraph (1), SEC. 2501. (a) IN GENERAL.—Notwith- Law 109–234 under the heading ‘‘Flood Con- not more than $8,750,000 may be transferred standing any other provision of law, includ- trol and Coastal Emergencies’’ for projects to and merged with ‘‘Salaries and Expenses’’ ing any agreement, the Federal share of as- in the greater New Orleans metropolitan to carry out the disaster loan program of the sistance, including direct Federal assistance, area to prosecute these projects in a manner Small Business Administration. provided for the States of Louisiana, Mis- which promotes the goal of continuing work (3) OTHER USES OF FUNDS.—The Adminis- sissippi, Alabama, and Texas in connection at an optimal pace, while maximizing, to the trator may use amounts made available with Hurricanes Katrina and Rita under sec- greatest extent practicable, levels of protec- under paragraph (1) for other purposes au- tions 403, 406, 407, and 408 of the Robert T. tion to reduce the risk of storm damage to thorized for amounts in the ‘‘Disaster Loans Stafford Disaster Relief and Emergency As- people and property. Program Account’’ or transfer such amounts sistance Act (42 U.S.C. 5170b, 5172, 5173, and

VerDate Mar 15 2010 22:26 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2007SENATE\S26MR7.REC S26MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3768 CONGRESSIONAL RECORD — SENATE March 26, 2007 5174) shall be 100 percent of the eligible costs September 30, 2008: Provided, That the funds chapter 5, ‘‘National Park Service—Historic under such sections. provided under this heading shall be provided Preservation Fund,’’ for necessary expenses (b) APPLICABILITY.— to the State Historic Preservation Officer, related to the consequences of Hurricane (1) IN GENERAL.—Subject to paragraph (2), after consultation with the National Park Katrina and other hurricanes of the 2005 sea- the Federal share provided by subsection (a) Service, for grants for disaster relief in areas son, may be used to reconstruct destroyed shall apply to disaster assistance applied for of Louisiana impacted by Hurricanes Katrina properties that at the time of destruction before the date of enactment of this Act. or Rita: Provided further, That grants shall were listed in the National Register of His- (2) LIMITATION.—In the case of disaster as- be for the preservation, stabilization, reha- toric Places and are otherwise qualified to sistance provided under sections 403, 406, and bilitation, and repair of historic properties receive these funds: Provided, That the State 407 of the Robert T. Stafford Disaster Relief listed in or eligible for the National Register Historic Preservation Officer certifies that, and Emergency Assistance Act, the Federal of Historic Places, for planning and technical for the community where that destroyed share provided by subsection (a) shall be lim- assistance: Provided further, That grants property was located, that the property is ited to assistance provided for projects for shall only be available for areas that the iconic to or essential to illustrating that which applications have been prepared for President determines to be a major disaster community’s historic identity, that no other the Federal Emergency Management Agency under section 102(2) of the Robert T. Stafford property in that community with the same before the date of enactment of this Act. Disaster Relief and Emergency Assistance associative historic value has survived, and SEC. 2502. (a) Section 2(a) of the Commu- Act (42 U.S.C. 5122(2)) due to Hurricanes that sufficient historical documentation ex- nity Disaster Loan Act of 2005 (Public Law Katrina or Rita: Provided further, That indi- ists to ensure an accurate reproduction. 109–88; 119 Stat. 2061) is amended by striking vidual grants shall not be subject to a non- CHAPTER 7 ‘‘: Provided further, That notwithstanding Federal matching requirement: Provided fur- DEPARTMENT OF HEALTH AND HUMAN section 417(c)(1) of the Stafford Act, such ther, That no more than 5 percent of funds SERVICES loans may not be canceled’’. provided under this heading for disaster re- CENTERS FOR DISEASE CONTROL AND (b) Chapter 4 of title II of the Emergency lief grants may be used for administrative PREVENTION expenses. Supplemental Appropriations Act for De- DISEASE CONTROL, RESEARCH AND TRAINING fense, the Global War on Terror, and Hurri- UNITED STATES GEOLOGICAL SURVEY For an additional amount for ‘‘Department cane Recovery, 2006 (Public Law 109–234; 120 SURVEYS, INVESTIGATIONS, AND RESEARCH of Health and Human Services, Centers for Stat. 471) is amended under the heading For an additional amount for ‘‘Surveys, In- Disease Control and Prevention, Disease ‘‘Disaster Assistance Direct Loan Program vestigations, and Research’’ for the detec- Control, Research and Training’’, to carry Account’’ under the heading ‘‘Federal Emer- tion of highly pathogenic avian influenza in out section 501 of the Federal Mine Safety gency Management Agency’’ under the head- wild birds, including the investigation of and Health Act of 1977 and section 6 of the ing ‘‘Department of Homeland Security’’, by morbidity and mortality events, targeted Mine Improvement and New Emergency Re- striking ‘‘Provided further, That notwith- surveillance in live wild birds, and targeted sponse Act of 2006, $13,000,000 for research to standing section 417(c)(1) of such Act, such surveillance in hunter-taken birds, $5,270,000, develop mine safety technology, including loans may not be canceled:’’. to remain available until September 30, 2008. necessary repairs and improvements to SEC. 2503. Section 2401 of the Emergency DEPARTMENT OF AGRICULTURE leased laboratories: Provided, That progress Supplemental Appropriations Act for De- reports on technology development shall be FOREST SERVICE fense, the Global War on Terror, and Hurri- submitted to the House and Senate Commit- cane Recovery, 2006 (Public Law 109–234; 120 NATIONAL FOREST SYSTEM tees on Appropriations and the Committee Stat. 460) is amended by striking ‘‘12 For an additional amount for ‘‘National on Health, Education, Labor and Pensions of months’’ and inserting ‘‘24 months’’. Forest System’’ for the implementation of a the Senate and the Committee on Education CHAPTER 6 nationwide initiative to increase protection and Labor of the House of Representatives of national forest lands from foreign drug- on a quarterly basis: Provided further, That DEPARTMENT OF THE INTERIOR trafficking organizations, including funding the amount provided under this heading BUREAU OF LAND MANAGEMENT for additional law enforcement personnel, shall remain available until September 30, WILDLAND FIRE MANAGEMENT training, equipment and cooperative agree- 2008. (INCLUDING TRANSFER OF FUNDS) ments, $12,000,000, to remain available until ADMINISTRATION FOR CHILDREN AND FAMILIES expended. For an additional amount for ‘‘Wildland LOW-INCOME HOME ENERGY ASSISTANCE Fire Management’’, $100,000,000, to remain WILDLAND FIRE MANAGEMENT For an additional amount for ‘‘Low-Income available until expended, for urgent wildland (INCLUDING TRANSFER OF FUNDS) Home Energy Assistance’’ under section fire suppression activities: Provided, That For an additional amount for ‘‘Wildland 2604(a) through (d) of the Low-Income Home such funds shall only become available if Fire Management’’, $400,000,000, to remain Energy Assistance Act of 1981 (42 U.S.C. funds previously provided for wildland fire available until expended, for urgent wildland 8623(a) through (d)), $320,000,000. suppression will be exhausted imminently fire suppression activities: Provided, That For an additional amount for ‘‘Low-Income and the Secretary of the Interior notifies the such funds shall only become available if Home Energy Assistance’’ under section House and Senate Committees on Appropria- funds provided previously for wildland fire 2604(e) of the Low-Income Home Energy As- tions in writing of the need for these addi- suppression will be exhausted imminently sistance Act of 1981 (42 U.S.C. 8623(e)), tional funds: Provided further, That such and the Secretary of Agriculture notifies the $320,000,000. funds are also available for repayment to House and Senate Committees on Appropria- OFFICE OF THE SECRETARY other appropriations accounts from which tions in writing of the need for these addi- PUBLIC HEALTH AND SOCIAL SERVICES funds were transferred for wildfire suppres- tional funds: Provided further, That such EMERGENCY FUND sion. funds are also available for repayment to (INCLUDING TRANSFER OF FUNDS) UNITED STATES FISH AND WILDLIFE SERVICE other appropriation accounts from which For an additional amount for ‘‘Public funds were transferred for wildfire suppres- RESOURCE MANAGEMENT Health and Social Services Emergency sion. Fund’’ to prepare for and respond to an influ- For an additional amount for ‘‘Resource GENERAL PROVISIONS—THIS CHAPTER enza pandemic, $820,000,000, to remain avail- Management’’ for the detection of highly SEC. 2601. (a) For fiscal year 2007, payments able until expended: Provided, That this pathogenic avian influenza in wild birds, in- shall be made from any revenues, fees, pen- amount shall be for activities including the cluding the investigation of morbidity and alties, or miscellaneous receipts described in development and purchase of vaccine, mortality events, targeted surveillance in sections 102(b)(3) and 103(b)(2) of the Secure antivirals, necessary medical supplies, live wild birds, and targeted surveillance in Rural Schools and Community Self-Deter- diagnostics, and other surveillance tools: hunter-taken birds, $7,398,000, to remain mination Act of 2000 (Public Law 106–393; 16 Provided further, That products purchased available until September 30, 2008. U.S.C. 500 note), not to exceed $100,000,000, with these funds may, at the discretion of NATIONAL PARK SERVICE and the payments shall be made, to the max- the Secretary of Health and Human Services, OPERATION OF THE NATIONAL PARK SYSTEM imum extent practicable, in the same be deposited in the Strategic National For an additional amount for ‘‘Operation amounts, for the same purposes, and in the Stockpile: Provided further, That notwith- of the National Park System’’ for the detec- same manner as were made to States and standing section 496(b) of the Public Health tion of highly pathogenic avian influenza in counties in 2006 under that Act. Service Act, funds may be used for the con- wild birds, including the investigation of (b) There is appropriated $425,000,000 to be struction or renovation of privately owned morbidity and mortality events, $525,000, to used to cover any shortfall for payments facilities for the production of pandemic vac- remain available until September 30, 2008. made under this section. cine and other biologicals, where the Sec- (c) Titles II and III of Public Law 106–393 retary finds such a contract necessary to se- HISTORIC PRESERVATION FUND are amended, effective September 30, 2006, by cure sufficient supplies of such vaccines or For an additional amount for the ‘‘Historic striking ‘‘2006’’ and ‘‘2007’’ each place they biologicals: Provided further, That funds ap- Preservation Fund’’ for necessary expenses appear and inserting ‘‘2007’’ and ‘‘2008’’, re- propriated herein may be transferred to related to the consequences of Hurricane spectively. other appropriation accounts of the Depart- Katrina and other hurricanes of the 2005 sea- SEC. 2602. Disaster relief funds from Public ment of Health and Human Services, as de- son, $15,000,000, to remain available until Law 109–234, 120 Stat. 418, 461, (June 30, 2006), termined by the Secretary to be appropriate,

VerDate Mar 15 2010 22:26 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\2007SENATE\S26MR7.REC S26MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 26, 2007 CONGRESSIONAL RECORD — SENATE S3769 to be used for the purposes specified in this of the National Institutes of Health Reform the Social Security Act (42 U.S.C. 1396r– sentence. Act of 2006 (Public Law 109–482), is amend- 8(c)(1)(B)(i)) is amended— COVERED COUNTERMEASURE PROCESS FUND ed— (1) in subclause (IV), by striking ‘‘and’’ (1) in the heading for paragraph (2), by after the semicolon; For carrying out section 319F–4 of the Pub- striking ‘‘REMAINDER OF REDUCTION’’ and in- (2) in subclause (V)— lic Health Service Act (42 U.S.C. 247d–6e) to serting ‘‘PART’’; and (A) by inserting ‘‘and before April 1, 2007,’’ compensate individuals for injuries caused (2) by striking paragraph (4) and inserting after ‘‘1995,’’; and by H5N1 vaccine, in accordance with the dec- the following: (B) by striking the period and inserting ‘‘; laration regarding avian influenza viruses ‘‘(4) ADDITIONAL AMOUNTS TO ELIMINATE RE- and’’; and issued by the Secretary of Health and MAINDER OF FISCAL YEAR 2007 FUNDING SHORT- (3) by adding at the end the following: Human Services on January 26, 2007, pursu- FALLS.— ‘‘(VI) after March 31, 2007, is 20 percent.’’. ant to section 319F–3(b) of such Act (42 U.S.C. ‘‘(A) IN GENERAL.—The Secretary shall 247d–6d(b)), $50,000,000, to remain available SEC. 2706. (a) For grant years beginning in allot to each remaining shortfall State de- until expended. 2006–2007, the Secretary of Health and Human scribed in subparagraph (B) such amount as Services may waive the requirements of, DEPARTMENT OF EDUCATION the Secretary determines will eliminate the with respect to Louisiana, Mississippi, Ala- HIGHER EDUCATION estimated shortfall described in such sub- bama, and Texas and any eligible metropoli- For an additional amount under part B of paragraph for the State for fiscal year 2007. tan area in Louisiana, Mississippi, Alabama, title VII of the Higher Education Act of 1965 ‘‘(B) REMAINING SHORTFALL STATE DE- and Texas, the following sections of the Pub- (‘‘HEA’’) for institutions of higher education SCRIBED.—For purposes of subparagraph (A), lic Health Service Act: (as defined in section 102 of that Act) that a remaining shortfall State is a State with a (1) Section 2612(e)(1) of such Act (42 U.S.C. are located in an area in which a major dis- State child health plan approved under this 300ff–21(b)(1)). aster was declared in accordance with sec- title for which the Secretary estimates, on (2) Section 2617(b)(7)(E) of such Act (42 tion 401 of the Robert T. Stafford Disaster the basis of the most recent data available to U.S.C. 300ff–27(b)(7)(E)). Relief and Emergency Assistance Act related the Secretary as of the date of the enact- (3) Section 2617(d) of such Act (42 U.S.C. to hurricanes in the Gulf of Mexico in cal- ment of this paragraph, that the projected 300ff–27(d)), except that such waiver shall endar year 2005, $30,000,000: Provided, That federal expenditures under such plan for the apply so that the matching requirement is such funds shall be available to the Sec- State for fiscal year 2007 will exceed the sum reduced to $1 for each $4 of Federal funds retary of Education only for payments to of— provided under the grant involved. ‘‘(i) the amount of the State’s allotments help defray the expenses (which may include (b) If the Secretary of Health and Human lost revenue, reimbursement for expenses al- for each of fiscal years 2005 and 2006 that will not be expended by the end of fiscal year Services grants a waiver under subsection ready incurred, and construction) incurred (b), the Secretary— by such institutions of higher education that 2006; ‘‘(ii) the amount of the State’s allotment (1) may not prevent Louisiana, Mississippi, were forced to close, relocate or significantly Alabama, and Texas or any eligible metro- curtail their activities as a result of damage for fiscal year 2007; and ‘‘(iii) the amounts, if any, that are to be politan area in Louisiana, Mississippi, Ala- directly caused by such hurricanes and for bama, and Texas from receiving or utilizing, payments to enable such institutions to pro- redistributed to the State during fiscal year 2007 in accordance with paragraphs (1) and or both, funds granted or distributed, or vide grants to students who attend such in- both, pursuant to title XXVI of the Public stitutions for academic years beginning on (2). ‘‘(C) APPROPRIATION; ALLOTMENT AUTHOR- Health Service Act (42 U.S.C. 300ff–11 et seq.) or after July 1, 2006: Provided further, That because of the failure of Louisiana, Mis- such payments shall be made in accordance ITY.—For the purpose of providing additional allotments to remaining shortfall States sissippi, Alabama, and Texas or any eligible with criteria established by the Secretary metropolitan area in Louisiana, Mississippi, and made publicly available without regard under this paragraph there is appropriated, out of any funds in the Treasury not other- Alabama, and Texas to comply with the re- to section 437 of the General Education Pro- quirements of the sections listed in para- visions Act, section 553 of title 5, United wise appropriated, such sums as are nec- essary for fiscal year 2007.’’. graphs (1) through (3) of subsection (a); States Code, or part B of title VII of the (2) may not take action due to such non- HEA. (b) CONFORMING AMENDMENTS.—Section 2104(h) of such Act (42 U.S.C. 1397dd(h)) (as so compliance; and GENERAL PROVISIONS—THIS CHAPTER added), is amended— (3) shall assess, evaluate, and review Lou- SEC. 2701. Section 105(b) of title IV of divi- (1) in paragraph (1)(B), by striking ‘‘subject isiana, Mississippi, Alabama, and Texas or sion B of Public Law 109–148 is amended by to paragraph (4)(B) and’’; any eligible metropolitan area’s eligibility adding at the end the following new sen- (2) in paragraph (2)(B), by striking ‘‘subject for funds under such title XXVI as if Lou- tence: ‘‘With respect to the program author- to paragraph (4)(B) and’’; isiana, Mississippi, Alabama, and Texas or ized by section 102 of this Act, the waiver au- (3) in paragraph (5)(A), by striking ‘‘and such eligible metropolitan area had fully thority in subsection (a) of this section shall (3)’’ and inserting ‘‘(3), and (4)’’; and complied with the requirements of the sec- be available until the end of fiscal year (4) in paragraph (6)— tions listed in paragraphs (1) through (3) of 2008.’’ (A) in the first sentencel subsection (a). (INCLUDING RESCISSION) (i) by inserting ‘‘or allotted’’ after ‘‘redis- (c) For grant years beginning in 2008, Lou- tributed’’; and SEC. 2702. (a) From unexpended balances of isiana, Mississippi, Alabama, and Texas and (ii) by inserting ‘‘or allotments’’ after ‘‘re- the amounts made available in the 2001 any eligible metropolitan area in Louisiana, distributions’’; and Emergency Supplemental Appropriations Mississippi, Alabama, and Texas shall com- (B) by striking ‘‘and (3)’’ and inserting ‘‘(3), Act for Recovery from and Response to Ter- ply with each of the applicable requirements and (4)’’. rorist Attacks on the United States (Public under title XXVI of the Public Health Serv- (c) GENERAL EFFECTIVE DATE; APPLICA- Law 107–38) for the Employment Training ice Act (42 U.S.C. 300ff–11 et seq.). BILITY.—Except as otherwise provided, the Administration, Training and Employment amendments made by this section take ef- CHAPTER 8 Services under the Department of Labor, fect on the date of enactment of this Act and LEGISLATIVE BRANCH $3,589,000 are rescinded. apply without fiscal year limitation. (b) For an additional amount for the Cen- SEC. 2705. Notwithstanding any other pro- ARCHITECT OF THE CAPITOL ters for Disease Control and Prevention for vision of law, the Secretary of Health and carrying out activities under section 5011(b) Human Services shall not, prior to the date CAPITOL POWER PLANT of the Emergency Supplemental Appropria- that is 2 years after the date of enactment of For an additional amount for ‘‘Capitol tions Act to Address Hurricanes in the Gulf this Act, take any action to finalize, or oth- Power Plant’’, $25,000,000, for emergency util- of Mexico and Pandemic Influenza, 2006 (Pub- erwise implement provisions— ity tunnel repairs and asbestos abatement, lic Law 109–148), $3,589,000. (1) contained in the proposed rule pub- to remain available until September 30, 2011: SEC. 2703. Notwithstanding section 2002(c) lished on January 18, 2007, on pages 2236 Provided, That the Architect of the Capitol of the Social Security Act (42 U.S.C. through 2258 of volume 72, Federal Register may not obligate any of the funds appro- 1397a(c)), funds made available under the (relating to parts 433, 447, and 457 of title 42, priated under this heading without approval heading ‘‘Social Services Block Grant’’ in di- Code of Federal Regulations) or any other of an obligation plan by the Committees on vision B of Public Law 109–148 shall be avail- rule that would affect the Medicaid program Appropriations of the Senate and House of able for expenditure by the States through established under title XIX of the Social Se- Representatives. the end of fiscal year 2008. curity Act or the State Children’s Health In- SEC. 2704. ELIMINATION OF REMAINDER OF surance Program established under title XXI GOVERNMENT ACCOUNTABILITY OFFICE SCHIP FUNDING SHORTFALLS FOR FISCAL of such Act in a similar manner; or SALARIES AND EXPENSES YEAR 2007. (a) ELIMINATION OF REMAINDER OF (2) restricting payments for graduate med- FUNDING SHORTFALLS, TIERED MATCH, AND ical education under the Medicaid program. For an additional amount for ‘‘Salaries OTHER LIMITATION ON EXPENDITURES.—Sec- (b) INCREASE IN BASIC REBATE FOR SINGLE and Expenses’’ of the Government Account- tion 2104(h) of the Social Security Act (42 SOURCE DRUGS AND INNOVATOR MULTIPLE ability Office, $374,000, to remain available U.S.C. 1397dd(h)), as added by section 201(a) SOURCE DRUGS.—Section 1927(c)(1)(B)(i) of until expended.

VerDate Mar 15 2010 22:26 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\2007SENATE\S26MR7.REC S26MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3770 CONGRESSIONAL RECORD — SENATE March 26, 2007

CHAPTER 9 available until expended, for the hiring and SEC. 2903. The Director of the Congres- DEPARTMENT OF DEFENSE training of new pension and compensation sional Budget Office shall, not later than No- MILITARY CONSTRUCTION claims processing personnel. vember 15, 2007, submit to the Committees on Appropriations of the House of Represent- MILITARY CONSTRUCTION, AIR FORCE RESERVE INFORMATION TECHNOLOGY SYSTEMS For an additional amount for ‘‘Information atives and the Senate a report projecting ap- (INCLUDING RESCISSION OF FUNDS) propriations necessary for the Departments For an additional amount for ‘‘Military Technology Systems’’, $36,100,000, to remain available until expended, of which $20,000,000 of Defense and Veterans Affairs to continue Construction, Air Force Reserve’’, $3,096,000, providing necessary health care to veterans to remain available until September 30, 2011: shall be for information technology support and improvements for processing of OIF/OEF of the conflicts in Iraq and Afghanistan. The Provided, That such funds may be obligated projections should span several scenarios for and expended to carry out planning and de- veterans benefits claims, including making electronic DOD medical records available for the duration and number of forces deployed sign and military construction projects not in Iraq and Afghanistan, and more generally, otherwise authorized by law. claims processing and enabling electronic benefits applications by veterans; $1,000,000 for the long-term health care needs of de- Of the funds appropriated for ‘‘Military ployed troops engaged in the global war on Construction, Air Force Reserve’’ under Pub- shall be for the digitization of benefits terrorism over the next ten years. lic Law 109–114, $3,096,000 are hereby re- records; and $15,100,000 shall be for electronic scinded. data breach and remediation and prevention. CHAPTER 10 DEPARTMENT OF DEFENSE BASE CLOSURE CONSTRUCTION, MINOR PROJECTS DEPARTMENT OF TRANSPORTATION ACCOUNT, 2005 For an additional amount for ‘‘Construc- FEDERAL HIGHWAY ADMINISTRATION For deposit into the Department of De- tion, Minor Projects’’, $355,907,000, to remain FEDERAL-AID HIGHWAYS fense Base Closure Account 2005, established available until expended, of which $36,000,000 EMERGENCY RELIEF PROGRAM by section 2906(a)(1) of the Defense Base Clo- shall be for construction costs associated (INCLUDING RESCISSION OF FUNDS) sure and Realignment Act of 1990 (10 U.S.C. with the establishment of polytrauma resi- 2687 note), $3,136,802,000, to remain available dential transitional rehabilitation programs. For an additional amount for the Emer- until expended. gency Relief Program as authorized under GENERAL PROVISIONS—THIS CHAPTER section 125 of title 23, United States Code, DEPARTMENT OF VETERANS AFFAIRS SEC. 2901. (a) Notwithstanding any other $388,903,000, to remain available until ex- VETERANS HEALTH ADMINISTRATION provision of law, none of the funds in this or pended: Provided, That of the unobligated MEDICAL SERVICES any other Act shall be used to downsize staff balances of funds apportioned to each State For an additional amount for ‘‘Medical or to close, realign or phase out essential under chapter 1 of title 23, United States Services’’, $454,131,000, to remain available services at Walter Reed Army Medical Cen- Code, $388,903,000 are rescinded: Provided fur- until expended, of which $50,000,000 shall be ter until equivalent medical facilities at the ther, That such rescission shall not apply to for the establishment of new Level I com- Walter Reed National Military Medical Cen- the funds distributed in accordance with sec- prehensive polytrauma centers; $9,440,000 ter at Naval Medical Center, Bethesda, tions 130(f) and 104(b)(5) of title 23, United shall be for the establishment of polytrauma Maryland, and/or the Fort Belvoir, Virginia, States Code; sections 133(d)(1) and 163 of such residential transitional rehabilitation pro- Community Hospital have been constructed title, as in effect on the day before the date grams; $20,000,000 shall be for additional and equipped, and until the Secretary of De- of enactment of Public Law 109–59; and the transition caseworkers; $30,000,000 shall be fense has certified in writing to the Congress first sentence of section 133(d)(3)(A) of such for substance abuse treatment programs; that: title: Provided further, That section 4103 of $20,000,000 for readjustment counseling; (1) the new facilities at Walter Reed Na- title III of this Act shall not apply to the $10,000,000 shall be for blind rehabilitation tional Military Medical Center at Bethesda first proviso under this paragraph. services; $100,000,000 shall be for enhance- and/or the Fort Belvoir Community Hospital FEDERAL TRANSIT ADMINISTRATION ments to mental health services; $8,000,000 are complete and fully operational, and shall be for polytrauma support clinic teams; (2) replacement medical facilities at Wal- FORMULA GRANTS $5,356,000 for additional polytrauma points of ter Reed National Military Medical Center For an additional amount to be allocated contacts; and $201,335,000 shall be for treat- at Bethesda have adequate capacity to meet by the Secretary to recipients of assistance ment of Operation Enduring Freedom and both the existing and projected demand for under chapter 53 of title 49, United States Operation Iraqi Freedom veterans. complex medical care and services, including Code, directly affected by Hurricanes MEDICAL ADMINISTRATION outpatient and medical hold facilities, for Katrina and Rita, $75,000,000, for the oper- For an additional amount for ‘‘Medical Ad- combat veterans and other military per- ating and capital costs of transit services, to ministration’’, $250,000,000, to remain avail- sonnel. remain available until expended: Provided, able until expended. (b) Not later than 30 days after enactment That the Federal share for any project fund- ed from this amount shall be 100 percent. MEDICAL FACILITIES of this Act, the Secretary of Defense shall For an additional amount for ‘‘Medical Fa- provide to the Committees on Appropria- DEPARTMENT OF HOUSING AND URBAN cilities’’, $595,000,000, to remain available tions of the Senate and House of Representa- DEVELOPMENT until expended, of which $45,000,000 shall be tives a report and proposed timetable out- OFFICE OF INSPECTOR GENERAL lining the Department’s plan to transition used for facility and equipment upgrades at For an additional amount for the Office of patients, staff and medical services to the the Department of Veterans Affairs Inspector General, for the necessary costs re- new facilities at Bethesda and Fort Belvoir polytrauma rehabilitation centers and the lated to the consequences of Hurricanes without compromising patient care, staffing polytrauma network sites; and $550,000,000 Katrina and Rita, $5,000,000, to remain avail- requirements or facility maintenance at the shall be for non-recurring maintenance as able until expended. Walter Reed Medical Center. identified in the Department of Veterans Af- GENERAL PROVISIONS—THIS CHAPTER fairs Facility Condition Assessment report: (c) To ensure that the quality of care pro- Provided, That the amount provided under vided by the Military Health System is not SEC. 3001. Notwithstanding part 750 of title this heading for non-recurring maintenance diminished during this transition, the Walter 23, Code of Federal Regulations (or a suc- shall be allocated in a manner outside of the Reed Army Medical Center shall be ade- cessor regulation), if permitted by State law, Veterans Equitable Resource Allocation and quately funded, to include necessary renova- a nonconforming sign that is or has been specific to the needs and geographic distribu- tion and maintenance of existing facilities, damaged, destroyed, abandoned, or discon- tion of Operation Enduring Freedom and Op- to continue the maximum level of inpatient tinued as a result of a hurricane that is de- eration Iraqi Freedom veterans: Provided fur- and outpatient services. termined to be an act of God (as defined by ther, That within 30 days of enactment of SEC. 2902. Within existing funds appro- State law) may be repaired, replaced, or re- this Act the Secretary shall submit to the priated to Departmental Administration, constructed if the replacement sign has the Committees on Appropriations of both General Operating Expenses for fiscal year same dimensions as the original sign, and Houses of Congress an expenditure plan for 2007, and within 30 days after enactment of said sign is located within a State found non-recurring maintenance prior to obliga- this Act, the Department of Veterans Affairs within Federal Emergency Management tion. shall contract with the National Academy of Agency Region IV or VI. The provisions of Public Administration for the purpose of this section shall cease to be in effect twen- MEDICAL AND PROSTHETIC RESEARCH conducting an independent study and anal- ty-four months following the date of enact- For an additional amount for ‘‘Medical and ysis of the organizational structure, manage- ment of this Act. Prosthetic Research’’, $30,000,000, to remain ment and coordination processes, including SEC. 3002. Section 21033 of the Continuing available until expended, which shall be used Seamless Transition, utilized by the Depart- Appropriations Resolution, 2007 (division B for research related to the unique medical ment of Veterans affairs to: of Public Law 109–289, as amended by Public needs of returning Operation Enduring Free- (1) provide health care to active duty and Law 110–5) is amended by adding after the dom and Operation Iraqi Freedom veterans. veterans of Operation Enduring Freedom and third proviso: ‘‘: Provided further, That not- DEPARTMENTAL ADMINISTRATION Operation Iraqi Freedom; and withstanding the previous proviso, except for GENERAL OPERATING EXPENSES (2) provide benefits to veterans of Oper- applying the 2007 Annual Adjustment Factor For an additional amount for ‘‘General Op- ation Enduring Freedom and Operation Iraqi and making any other specified adjustments, erating Expenses’’, $46,000,000, to remain Freedom. public housing agencies that are eligible for

VerDate Mar 15 2010 22:26 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\2007SENATE\S26MR7.REC S26MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 26, 2007 CONGRESSIONAL RECORD — SENATE S3771 assistance under section 901 in Public Law (1) greater, during any fiscal year, than the provided for fiscal year 2007 under the Fed- 109–148 (119 Stat. 2781) shall receive funding payments calculated in the rate hearing of eral Payment to the District of Columbia for calendar year 2007 based on the amount the Administrator to be made during that Courts for facilities among the items and en- such public housing agencies were eligible to fiscal year using the repayment method used tities funded under that heading for oper- receive in calendar year 2006’’. to establish the rates of the Administrator ations. TITLE III as in effect on October 1, 2006; and SEC. 3307. (a) Not later than 90 days after the date of enactment of this Act, the Sec- OTHER MATTERS (2) based or conditioned on the actual or expected net secondary power sales receipts retary of the Treasury, in coordination with CHAPTER 1 of the Administrator. the Securities and Exchange Commission DEPARTMENT OF AGRICULTURE CHAPTER 3 and in consultation with the Departments of FARM SERVICE AGENCY State and Energy, shall prepare and submit GENERAL PROVISIONS—THIS CHAPTER SALARIES AND EXPENSES to the Senate Committee on Appropriations, SEC. 3301. The structure of any of the of- For an additional amount for ‘‘Salaries the House of Representatives Committee on fices or components within the Office of Na- Appropriations, the Senate Foreign Rela- and Expenses’’ of the Farm Service Agency, tional Drug Control Policy shall remain as $75,000,000, to remain available until ex- tions Committee, and the House Foreign Af- they were on October 1, 2006. None of the fairs Committee an unclassified report, suit- pended: Provided, That this amount shall funds appropriated or otherwise made avail- only be available for the modernization and able to be made public, that contains the able in the Continuing Appropriations Reso- names of (1) all companies trading in securi- repair of the computer systems used by the lution, 2007 (Public Law 110–5) may be used Farm Service Agency (including all soft- ties that are registered under section 12 of to implement a reorganization of offices the Securities Exchange Act of 1934 (15 ware, hardware, and personnel required for within the Office of National Drug Control modernization and repair): Provided further, U.S.C. 781) which either directly or through Policy without the explicit approval of the a parent or subsidiary company, including That of this amount $27,000,000 shall be made Committees on Appropriations of the House available 60 days after the date on which the partly-owned subsidiaries, conduct business of Representatives and the Senate. operations in Sudan relating to natural re- Farm Service Agency submits to the Com- SEC. 3302. Funds made available in section mittee on Appropriations of the Senate, the source extraction, including oil-related ac- 21075 of the Continuing Appropriations Reso- tivities and mining of minerals; and (2) the Committee on Appropriations of the House lution, 2007 (Public Law 110–5) shall be made of Representatives, and the Government Ac- names of all other companies, which either available to a 501(c)(3) entity: (1) with a wide directly or through a parent or subsidiary countability Office a spending plan for the anti-drug coalition network and membership funds. company, including partly-owned subsidi- base, and one with a demonstrated track aries, conduct business operations in Sudan GENERAL PROVISIONS—THIS CHAPTER record and specific expertise in providing relating to natural resource extraction, in- (RESCISSION) technical assistance, training, evaluation, cluding oil-related activities and mining of research, and capacity building to commu- SEC. 3101. Of the unobligated balances of minerals. The reporting provision shall not funds made available pursuant to section nity anti-drug coalitions; (2) with authoriza- apply to companies operating under licenses 298(a) of the Trade Act of 1974 (19 U.S.C. tion from Congress, both prior to fiscal year from the Office of Foreign Assets Control or 2401G(a)), $75,000,000 are rescinded. 2007, and in fiscal years 2008 through 2012, to otherwise expressly exempted under United perform the duties described in subsection SEC. 3102. (a) Section 1237A(f) of the Food States law from having to obtain such li- Security Act of 1985 (16 U.S.C. 3837a(f)) is (1) of this section; and (3) that has previously censes in order to operate in Sudan. amended in the first sentence by striking received funding from Congress, including (b) Not later than 20 days after enactment, ‘‘fair market value of the land less the fair through a competitive process as well as di- the Secretary of the Treasury shall inform market value of such land encumbered by rect funding, for providing the duties de- the aforementioned committees of Congress the easement’’ and inserting ‘‘fair market scribed in subsection (1) of this section: Pro- of any statutory or other legal impediments value of the land as determined in accord- vided, That funds appropriated in section to the successful completion of this report. ance with the method of valuation used by 21075 shall be obligated within sixty days (c) Not later than 45 days following the the Secretary as of January 1, 2003’’. after enactment of this Act. submission to Congress of the list of compa- (b) Section 1238I(c)(1) of the Food Security SEC. 3303. Funds made available under sec- nies conducting business operations in Sudan Act of 1985 (16 U.S.C. 3838i(c)(1)) is amended tion 613 of Public Law 109–108 (119 Stat. 2338) relating to natural resource extraction re- by inserting at the end the following: for Nevada’s Commission on Economic De- quired above, the General Services Adminis- ‘‘(C) VALUATION.—The Secretary shall de- velopment shall be made available to the Ne- tration shall determine whether the United termine fair market value under this para- vada Center for Entrepreneurship and Tech- States Government has an active contract graph in accordance with the method of nology (CET). for the procurement of goods or services with valuation used by the Secretary as of Janu- SEC. 3304. From the amount provided by any of the identified companies, and provide ary 1, 2003.’’. section 21067 of the Continuing Appropria- notification to the appropriate committees tions Resolution, 2007 (Public Law 110–5), the SEC. 3103. Subsection (b)(1) of section 313A of Congress of the companies, nature of the of the Rural Electrification Act shall not National Archives and Records Administra- contract, and dollar amounts involved. tion may obligate monies necessary to carry apply in the case of a cooperative lender that (INCLUDING RESCISSION) out the activities of the Public Interest De- has previously received a guarantee under SEC. 3308. (a) Of the funds provided for the section 313A and such additional guarantees classification Board. EC. 3305. None of the funds appropriated General Services Administration, ‘‘Office of shall not exceed the amount provided for in S or otherwise made available in section 21063 Inspector General’’ in section 21061 of the Public Law 110–5. of the Continuing Appropriations Resolu- Continuing Appropriations Resolution, 2007 CHAPTER 2 tion, 2007 (Public Law 110–5) for the ‘‘General (division B of Public Law 109–289, as amended GENERAL PROVISIONS—THIS CHAPTER Services Administration, Real Property Ac- by Public Law 110–5), $8,000,000 are rescinded. (b) For an additional amount for the Gen- SEC. 3201. Section 20314 of the Continuing tivities, Federal Buildings Fund’’, may be Appropriations Resolution, 2007 (division B obligated for design, construction, or acqui- eral Services Administration, ‘‘Office of In- of Public Law 109–289, as amended by Public sition until the House and Senate Commit- spector General’’, $8,000,000, to remain avail- Law 110–5) is amended by striking ‘‘Re- tees on Appropriations approve a revised de- able until September 30, 2008. SEC. 3309. Section 21073 of the Continuing sources.’’ and inserting in lieu thereof: ‘‘Re- tailed plan, by project, on the use of such Appropriations Resolution, 2007 (Public Law sources: Provided, That $22,762,000 of the funds: Provided, That the new plan shall in- 110–5) is amended by adding a new subsection amount provided be for geothermal research clude funding for completion of courthouse (j) as follows: construction projects which received funding and development activities.’’. ‘‘(j) Notwithstanding section 101, any ap- SEC. 3202. Hereafter, federal employees at in fiscal year 2006 above a level of $5,000,000: propriation or funds made available to the the National Energy Technology Laboratory Provided further, That such plan shall be pro- District of Columbia pursuant to this divi- shall be classified as inherently govern- vided by the Administrator of the General sion for ‘Federal Payment for Foster Care mental for the purpose of the Federal Activi- Services Administration to the House of Improvement in the District of Columbia’ ties Inventory Reform Act of 1998 (31 U.S.C. Representatives and the Senate Committees shall be available in accordance with an ex- 501 note). on Appropriations within seven days of en- penditure plan submitted by the Mayor of SEC. 3203. PROHIBITION ON CERTAIN USES OF actment. the District of Columbia not later than 60 FUNDS BY BPA. None of the funds made SEC. 3306. Notwithstanding the notice re- days after the enactment of this section available under this or any other Act shall quirement of the Transportation, Treasury, which details the activities to be carried out be used during fiscal year 2007 to make, or Housing and Urban Development, the Judici- with such Federal Payment.’’. plan or prepare to make, any payment on ary, the District of Columbia, and Inde- bonds issued by the Administrator of the pendent Agencies Appropriations Act, 2006, CHAPTER 4 Bonneville Power Administration (referred 119 Stat. 2509 (Public Law 109–115), as contin- GENERAL PROVISIONS—THIS CHAPTER in this section as the ‘‘Administrator’’) or ued in section 104 of the Continuing Appro- SEC. 3401. Any unobligated balances re- for an appropriated Federal Columbia River priations Resolution, 2007 (Public Law 110–5), maining from prior appropriations for United Power System investment, if the payment is the District of Columbia Courts may reallo- States Coast Guard, ‘‘Retired Pay’’ shall re- both— cate not more than $1,000,000 of the funds main available until expended in the account

VerDate Mar 15 2010 22:26 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\2007SENATE\S26MR7.REC S26MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3772 CONGRESSIONAL RECORD — SENATE March 26, 2007

and for the purposes for which the appropria- (2) EXCEPTION.—A contract, task or deliv- for fiscal year 2007 under the heading ‘‘Land tions were provided, including the payment ery order, letter contract, modification Acquisition’’, not to exceed $1,980,000 may be of obligations otherwise chargeable to lapsed thereof, or other similar contract described used for land conservation partnerships au- or current appropriations for this purpose. in paragraph (1) may be awarded or issued if thorized by the Highlands Conservation Act SEC. 3402. INTEGRATED DEEPWATER SYSTEM. the head of contracting activity of the Coast of 2004. (a) COMPETITION FOR ACQUISITION AND MODI- Guard determines that a compelling need ex- SEC. 3505. The Administrator of the Envi- FICATION OF ASSETS.— ists for the award or issue of such instru- ronmental Protection Agency shall grant to (1) IN GENERAL.—The Commandant of the ment. the Water Environment Research Founda- Coast Guard shall utilize full and open com- (g) DESIGNATION OF TECHNICAL AUTHOR- tion (WERF) such sums as were directed in petition for any contract entered into after ITY.—The Commandant of the Coast Guard fiscal year 2005 and fiscal year 2006 for the the date of enactment of this Act that pro- shall designate the Assistant Commandant On-Farm Assessment and Environmental Re- vides for the acquisition or modification of of the Coast Guard for Engineering and Lo- view program: Provided, That not less than 95 assets under, or in support of, the Integrated gistics as the technical authority for all en- percent of funds made available shall be used Deepwater System Program of the Coast gineering, design, and logistics decisions per- by WERF to award competitively a contract Guard. taining to the Integrated Deepwater System to perform the program’s environmental as- (2) EXCEPTIONS.—Paragraph (1) shall not Program. sessments: Provided further, That WERF apply to the following: (h) REPORT ON PERSONNEL REQUIRED FOR shall not retain more than 5 percent of such (A) The acquisition or modification of the ACQUISITION MANAGEMENT.—Not later than 30 sums for administrative expenses. following asset classes for which assets of days after the date of the enactment of this CHAPTER 6 the class and related systems and compo- Act, the Commandant of the Coast Guard nents under the Integrated Deepwater Sys- DEPARTMENT OF HEALTH AND HUMAN shall submit to the Committees on Appro- SERVICES tem are under a contract for production: priations of the Senate and the House of NATIONAL INSTITUTES OF HEALTH (i) National Security Cutter; Representatives; the Committee on Com- (ii) Maritime Patrol Aircraft; merce, Science and Transportation of the NATIONAL INSTITUTE OF ALLERGY AND (iii) Deepwater Command, Control, Com- Senate; and the Committee on Transpor- INFECTIOUS DISEASES munications, Computer, Intelligence, Sur- tation and Infrastructure of the House of (TRANSFER OF FUNDS) veillance, and Reconnaissance (C4ISR) Sys- Representatives a report on the resources Of the amount provided by the Continuing tem; and (including training, staff, and expertise) re- Appropriations Resolution, 2007 for ‘‘Na- (iv) HC–130J Fleet Introduction. quired by the Coast Guard to provide appro- tional Institute of Allergy and Infectious (B) The modification of any legacy asset priate management and oversight of the In- Diseases’’, $49,500,000 shall be transferred to class under the Integrated Deepwater Sys- tegrated Deepwater System Program. ‘‘Public Health and Social Services Emer- tem Program being performed by a Coast (i) COMPTROLLER GENERAL REPORT ON gency Fund’’ to carry out activities relating Guard entity. PROGRESS.—Not later than 60 days after the to advanced research and development as (b) CHAIR OF PRODUCT AND OVERSIGHT date of enactment of this Act, the Comp- TEAMS.—The Commandant of the Coast provided by section 319L of the Public Health troller General of the United States shall Guard shall assign an appropriate officer or Service Act. employee of the Coast Guard to act as chair submit to the Committees on Appropriations GENERAL PROVISIONS—THIS CHAPTER of the Senate and the House of Representa- of each of the following: (TRANSFER OF FUNDS) (1) Each integrated product team under the tives; the Committee on Commerce, Science and Transportation of the Senate; and the SEC. 3601. Section 20602 of the Continuing Integrated Deepwater System Program. Appropriations Resolution, 2007 (division B (2) Each higher-level team assigned to the Committee on Transportation and Infra- structure of the House of Representatives a of Public Law 109–289, as amended by Public oversight of a product team referred to in Law 110–5) is amended by inserting the fol- paragraph (1). report describing and assessing the progress of the Coast Guard in complying with the re- lowing after ‘‘$5,000,000’’: ‘‘(together with an (c) LIFE-CYCLE COST ESTIMATE.—The Com- additional $7,000,000 which shall be trans- mandant of the Coast Guard may not enter quirements of this section. ferred by the Pension Benefit Guaranty Cor- into a contract for lead asset production SEC. 3403. None of the funds provided in poration as an authorized administrative under the Integrated Deepwater System Pro- this Act or any other Act may be used to cost)’’. gram until the Commandant obtains an inde- alter or reduce operations within the Civil SEC. 3602. Section 20625(b)(1) of the Con- pendent estimate of life-cycle costs of the Engineering Program of the Coast Guard na- tinuing Appropriations Resolution, 2007 (di- asset concerned. tionwide, including the civil engineering vision B of Public Law 109–289, as amended (d) REVIEW OF ACQUISITIONS AND MAJOR DE- units, facilities, design and construction cen- by Public Law 110–5) is amended by— SIGN CHANGES.— ters, maintenance and logistics command (1) IN GENERAL.—With the exception of as- centers, the Coast Guard Academy and the (1) striking ‘‘$7,172,994,000’’ and inserting sets covered under (a)(2) of this section, the Coast Guard Research and Development Cen- ‘‘$7,176,431,000’’; Commandant of the Coast Guard may not ter, except as specifically authorized by a (2) amending subparagraph (A) to read as carry out an action described in paragraph statute enacted after the date of enactment follows: (2) unless an independent third party with no of this Act. ‘‘(A) $5,454,824,000 shall be for basic grants under section 1124 of the Elementary and financial interest in the development, con- CHAPTER 5 struction, or modification of any component Secondary Education Act of 1965 (ESEA), of GENERAL PROVISIONS—THIS CHAPTER of the Integrated Deepwater System Pro- which up to $3,437,000 shall be available to gram, selected by the Commandant for pur- SEC. 3501. Section 20515 of the Continuing the Secretary of Education on October 1, poses of the subsection, determines that such Appropriations Resolution, 2007 (division B 2006, to obtain annually updated educational- action is advisable. of Public Law 109–289, as amended by Public agency-level census poverty data from the (2) COVERED ACTIONS.—The actions de- Law 110–5) is amended by inserting before Bureau of the Census;’’; and scribed in the paragraph are as follows: the period: ‘‘; and of which, not to exceed (3) amending subparagraph (C) to read as (A) The acquisition or modification of an $143,628,000 shall be available for contract follows: asset under the Integrated Deepwater Sys- support costs under the terms and conditions ‘‘(C) not to exceed $2,352,000 may be avail- tem Program. contained in Public Law 109-54’’. able for section 1608 of the ESEA and for a (B) The implementation of a major design SEC. 3502. Section 20512 of the Continuing clearinghouse on comprehensive school re- change for an asset under the Integrated Appropriations Resolution, 2007 (division B form under part D of title V of the ESEA;’’. Deepwater System Program. of Public Law 109–289, as amended by Public SEC. 3603. (a) From the amounts available (e) LINKING OF AWARD FEES TO SUCCESSFUL Law 110–5) is amended by inserting after the for Department of Education, Safe Schools ACQUISITION OUTCOMES.—The Commandant of first dollar amount: ‘‘, of which not to exceed and Citizenship Education as provided by the the Coast Guard shall require that all con- $7,300,000 shall be transferred to the ‘Indian Continuing Appropriations Resolution, 2007, tracts under the Integrated Deepwater Sys- Health Facilities’ account; the amount in $321,500,000 shall be available for Safe and tem Program that provide award fees link the second proviso shall be $18,000,000; the Drug-Free Schools State Grants and such fees to successful acquisition outcomes amount in the third proviso shall be $247,335,000 shall be available for Safe and (which shall be defined in terms of cost, $525,099,000; the amount in the ninth proviso Drug-Free Schools National Programs. schedule, and performance). shall be $269,730,000; and the $15,000,000 allo- (b) Of the amount available for Safe and (f) CONTRACTUAL AGREEMENTS.— cation of funding under the eleventh proviso Drug-Free National Programs, not less than (1) IN GENERAL.—The Commandant of the shall not be required’’. $25,000,000 shall be for competitive grants to Coast Guard may not award or issue any con- SEC. 3503. Section 20501 of the Continuing local educational agencies to address youth tract, task or delivery order, letter contract Appropriations Resolution, 2007 (division B violence and related issues. modification thereof, or other similar con- of Public Law 109–289, as amended by Public (c) The competition under subsection (b) tract, for the acquisition or modification of Law 110–5) is amended by inserting after shall be limited to local educational agencies an asset under the Integrated Deepwater $55,663,000: ‘‘of which $13,000,000 shall be for that operate schools currently identified as System Program unless the Coast Guard and Save America’s Treasures’’. persistently dangerous under section 9532 of the contractor concerned have formally SEC. 3504. Of the funds made available to the Elementary and Secondary Education agreed to all terms and conditions. the United States Fish and Wildlife Service Act of 1965.

VerDate Mar 15 2010 22:26 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\2007SENATE\S26MR7.REC S26MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 26, 2007 CONGRESSIONAL RECORD — SENATE S3773

SEC. 3604. The provision in the first proviso ‘‘(j) DELTA HEALTH INITIATIVE.— TECHNICAL AMENDMENT under the heading ‘‘Rehabilitation Services ‘‘(1) IN GENERAL.—The Secretary is author- SEC. 3902. (a) Notwithstanding any other and Disability Research’’ in the Department ized to award a grant to the Delta Health Al- provision of law, subsection (c) under the of Education Appropriations Act, 2006, relat- liance, a nonprofit alliance of academic in- heading ‘‘Assistance for the Independent ing to alternative financing programs under stitutions in the Mississippi Delta region, to States of the Former Soviet Union’’ in Pub- section 4(b)(2)(D) of the Assistive Technology solicit and fund proposals from local govern- lic Law 109–102, shall not apply to funds ap- Act of 1998 shall not apply to funds appro- ments, hospitals, health care clinics, aca- propriated by the Continuing Appropriations priated by the Continuing Appropriations demic institutions, and rural public health- Resolution, 2007 (Public Law 109–289, division Resolution, 2007. related entities and organizations for re- B) as amended by Public Laws 109–369, 109– (TRANSFER OF FUNDS) search development, educational programs, 383, and 110–5. SEC. 3605. Notwithstanding sections 20639 health care services, job training, planning, (b) Section 534(k) of the Foreign Oper- and 20640 of the Continuing Appropriations construction, and the equipment of public ations, Export Financing, and Related Pro- Resolution, 2007, as amended by section 2 of health-related facilities in the Mississippi grams Appropriations Act, 2006 (Public Law the Revised Continuing Appropriations Reso- Delta region. 109–102) is amended, in the second proviso, by lution, 2007 (Public Law 110–5), the Chief Ex- ‘‘(2) FEDERAL INTEREST IN PROPERTY.—With inserting after ‘‘subsection (b) of that sec- ecutive Officer of the Corporation for Na- respect to funds used under this subsection tion’’ the following: ‘‘and the requirement tional and Community Service may transfer for construction or alteration of property, that a majority of the members of the board an amount of not more than $1,360,000 from the Federal interest in the property shall of directors be United States citizens pro- the account under the heading ‘‘National and last for a period of 1 year following comple- vided in subsection (d)(3)(B) of that section’’. Community Service Programs, Operating tion or until the Federal Government is com- (c) Subject to section 101(c)(2) of the Con- Expenses’’ under the heading ‘‘Corporation pensated for its proportionate interest in the tinuing Appropriations Resolution, 2007 (di- for National and Community Service’’, to property if the property use changes or the vision B of Public Law 109–289, as amended the account under the heading ‘‘Salaries and property is transferred or sold, whichever by Public Law 110–5), the amount of funds Expenses’’ under the heading ‘‘Corporation time period is less. At the conclusion of such appropriated for ‘‘Foreign Military Financ- for National and Community Service’’. period, the Notice of Federal Interest in such ing Program’’ pursuant to such Resolution SEC. 3606. Section 1310.12(a) of title 45 of property shall be removed. shall be construed to be the total of the the Code of Federal Regulations (October 1, ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— amount appropriated for such program by 2004) shall be effective 30 days after enact- There are authorized to be appropriated such section 20401 of that Resolution and the ment of this Act except that any vehicles in sums as may be necessary to carry out this amount made available for such program by use to transport Head Start children as of subsection in fiscal year 2007 and in each of section 591 of the Foreign Operations, Export January 1, 2007, shall not be subject to a re- the five succeeding fiscal years.’’. Financing, and Related Programs Appropria- quirement under that part regarding rear CHAPTER 7 tions Act, 2006 (Public Law 109–102) which is emergency exit doors for two years after the GENERAL PROVISIONS—THIS CHAPTER made applicable to the fiscal year 2007 by the date of enactment. provisions of such Resolution. The Secretary of Health and Human Serv- SEC. 3701. Section 2(c) of the Legislative CHAPTER 10 ices shall revise the allowable alternate ve- Branch Appropriations Act, 1993 (2 U.S.C. hicle standards described in that part 1310 121d(c)) is amended by adding at the end the DEPARTMENT OF HOUSING AND URBAN (or any corresponding similar regulation or following: DEVELOPMENT ruling) to exempt from Federal seat spacing ‘‘(3) The Secretary of the Senate may OFFICE OF FEDERAL HOUSING ENTERPRISE requirements and supporting seating require- transfer from the fund to the Senate Em- OVERSIGHT ployee Child Care Center proceeds from the ments related to compartmentalization any SALARIES AND EXPENSES vehicle used to transport children for a Head sale of holiday ornaments by the Senate Gift (INCLUDING TRANSFER OF FUNDS) Start program if the vehicle meets federal Shop for the purpose of funding necessary ac- motor vehicle safety standards for seating tivities and expenses of the Center, including For an additional amount to carry out the systems, occupant crash protection, seat belt scholarships, educational supplies, and Federal Housing Enterprises Financial Safe- assemblies, and child restraint anchorage equipment.’’. ty and Soundness Act of 1992, $4,800,000, to systems consistent with that part 1310 (or (INCLUDING RESCISSION) remain available until expended, to be de- any corresponding similar regulation or rul- rived from the Federal Housing Enterprises SEC. 3702. (a) Of the funds provided for the ing). Such revision shall be made in a man- Oversight Fund and to be subject to the ‘‘Capitol Guide Service and Special Services same terms and conditions pertaining to ner consistent with the findings of the Na- Office’’ in section 20703(a) of the Continuing tional Highway Traffic Safety Administra- funds provided under this heading in Public Appropriations Resolution, 2007 (as added by Law 109–115: Provided, That not to exceed the tion, pursuant to its study on occupant pro- section 2 of the Revised Continuing Appro- tection on Head Start transit vehicles, re- total amount provided for these activities priations Resolution, 2007 (Public Law 110– for fiscal year 2007 shall be available from lated to the Government Accountability Of- 5)), $3,500,000 are rescinded. fice report GAO–06–767R. the general fund of the Treasury to the ex- (b) For an additional amount for ‘‘Capitol (INCLUDING RESCISSION) tent necessary to incur obligations and make Guide Service and Special Services Office’’, expenditures pending the receipt of collec- SEC. 3607. (a) From the amounts made $3,500,000, to remain available until Sep- tions to the Fund: Provided further, That the available by the Continuing Appropriations tember 30, 2008. general fund amount shall be reduced as col- Resolution, 2007 (Public Law 109–289, as CHAPTER 8 lections are received during the fiscal year amended by the Revised Continuing Appro- so as to result in a final appropriation from priations Resolution, 2007 (Public Law 110–5)) GENERAL PROVISION—THIS CHAPTER the general fund estimated at not more than for the Office of the Secretary, General De- SEC. 3801. Notwithstanding any other pro- $0. partmental Management under the Depart- vision of law, appropriations made by Public ment of Health and Human Services, Law 110–5, or any other Act, which the Sec- GENERAL PROVISIONS—THIS CHAPTER $1,000,000 are rescinded. retary of Veterans Affairs contributes to the SEC. 4001. Hereafter, funds limited or ap- (b) For the activities carried out by the Department of Defense/Department of Vet- propriated for the Department of Transpor- Secretary of Education under section 3(a) of erans Affairs Health Care Sharing Incentive tation may be obligated or expended to grant Public Law 108–406 (42 U.S.C. 15001 note), Fund under the authority of section 8111(d) authority to a Mexican motor carrier to op- $1,000,000. of title 38, United States Code, shall remain erate beyond United States municipalities (INCLUDING RESCISSION) available until expended for any purpose au- and commercial zones on the United States- SEC. 3608. (a) From the amounts made thorized by section 8111 of title 38, United Mexico border only to the extent that— available by the Continuing Appropriations States Code. (1) granting such authority is first tested Resolution, 2007 for ‘‘Department of Edu- CHAPTER 9 as part of a pilot program; (2) such pilot program complies with the cation, Student Aid Administration’’, GENERAL PROVISIONS—THIS CHAPTER $2,000,000 are rescinded. requirements of section 350 of Public Law (b) For an additional amount for ‘‘Depart- CONSULTATION REQUIREMENT 107–87 and the requirements of section ment of Education, Higher Education’’ under SEC. 3901. Of the funds provided in the Re- 31315(c) of title 49, United States Code, re- part B of title VII of the Higher Education vised Continuing Appropriations Resolution, lated to pilot programs; and Act of 1965 which shall be used to make a 2007 (Public Law 110–5) for the United States- (3) simultaneous and comparable authority grant to the University of Vermont for the China Economic and Security Review Com- to operate within Mexico is made available Educational Excellence Program, $2,000,000. mission, $1,000,000 shall be available for obli- to motor carriers domiciled in the United SEC. 3609. Section 1820 of the Social Secu- gation only in accordance with a spending States. rity Act (42 U.S.C. 1395i–4) is amended— plan submitted to and approved by the Com- SEC. 4002. Section 21033 of the Continuing (1) by redesignating subsection (j) as sub- mittees on Appropriations which addresses Appropriations Resolution, 2007 (division B section (k); and the recommendations of the Government Ac- of Public Law 109–289, as amended by Public (2) by inserting after subsection (i) the fol- countability Office’s audit of the Commis- Law 110–5) is amended by adding after the lowing new subsection: sion. second proviso: ‘‘: Provided further, That

VerDate Mar 15 2010 22:26 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\2007SENATE\S26MR7.REC S26MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3774 CONGRESSIONAL RECORD — SENATE March 26, 2007

paragraph (2) under such heading in Public (B) the 2006 crop year; or (c) QUALIFYING LOSSES.—Assistance under Law 109–115 (119 Stat. 2441) shall be funded at (C) that part of the 2007 crop year that this section shall be made available to pro- $149,300,000, but additional section 8 tenant takes place before the end of the applicable ducers on farms, other than producers of protection rental assistance costs may be period. sugar beets, that incurred qualifying quan- funded in 2007 by using unobligated balances, (3) APPLICABLE PERIOD.—The term ‘‘appli- tity or quality losses for the applicable crop notwithstanding the purposes for which such cable period’’ means the period beginning on due to damaging weather or any related con- amounts were appropriated, including recap- January 1, 2005 and ending on February 28, dition (including losses due to crop diseases, tures and carryover, remaining from funds 2007. insects, and delayed harvest), as determined appropriated to the Department of Housing (4) DISASTER COUNTY.—The term ‘‘disaster by the Secretary. and Urban Development under this heading, county’’ means— (d) QUALITY LOSSES.— the heading ‘‘Annual Contributions for As- (A) a county included in the geographic (1) IN GENERAL.—In addition to any pay- sisted Housing’’, the heading ‘‘Housing Cer- area covered by a natural disaster declara- ment received under subsection (b), the Sec- tificate Fund’’, and the heading ‘‘Project- tion; and retary shall use such sums as are necessary Based Rental Assistance’’ for fiscal year 2006 (B) each county contiguous to a county de- of funds of the Commodity Credit Corpora- and prior fiscal years: Provided further, That scribed in subparagraph (A). tion to make payments to producers on a farm described in subsection (a) that in- paragraph (3) under such heading in Public (5) HURRICANE-AFFECTED COUNTY.—The Law 109–115 (119 Stat. 2441) shall be funded at term ‘‘hurricane-affected county’’ means— curred a quality loss for the applicable crop $47,500,000: Provided further, That paragraph (A) a county included in the geographic of a commodity in an amount equal to the (4) under such heading in Public Law 109–115 area covered by a natural disaster declara- product obtained by multiplying— (119 Stat. 2441) shall be funded at $5,900,000: tion related to Hurricane Katrina, Hurricane (A) the payment quantity determined under paragraph (2); Provided further, That paragraph (5) under Rita, Hurricane Wilma, or a related condi- (B)(i) in the case of an insurable com- such heading in Public Law 109–115 (119 Stat. tion; and modity, the coverage level elected by the in- 2441) shall be funded at $1,281,100,000, of (B) each county contiguous to a county de- sured under the policy or plan of insurance which $1,251,100,000 shall be allocated for the scribed in subparagraph (A). under the Federal Crop Insurance Act (7 calendar year 2007 funding cycle on a pro (6) INSURABLE COMMODITY.—The term ‘‘in- U.S.C. 1501 et seq.); or rata basis to public housing agencies based surable commodity’’ means an agricultural (ii) in the case of a noninsurable com- on the amount public housing agencies were commodity (excluding livestock) for which modity, the applicable coverage level for the eligible to receive in calendar year 2006, and the producers on a farm are eligible to ob- payment quantity determined under para- of which up to $30,000,000 shall be available tain a policy or plan of insurance under the graph (2); by Federal Crop Insurance Act (7 U.S.C. 1501 et to the Secretary to allocate to public hous- (C) 55 percent of the payment rate deter- ing agencies that need additional funds to seq.). mined under paragraph (3). administer their section 8 programs, with up (7) LIVESTOCK.—The term ‘‘livestock’’ in- (2) PAYMENT QUANTITY.—For the purpose of to $20,000,000 to be for fees associated with cludes— paragraph (1)(A), the payment quantity for section 8 tenant protection rental assist- (A) cattle (including dairy cattle); quality losses for a crop of a commodity on ance’’. (B) bison; a farm shall equal the lesser of— SEC. 4003. The dates for subsidy reductions (C) poultry; (A) the actual production of the crop af- and demonstrations for discontinuance of re- (D) sheep; fected by a quality loss of the commodity on ductions in operating subsidy under the new (E) swine; and the farm; or operating fund formula, pursuant to HUD (F) other livestock, as determined by the (B)(i) in the case of an insurable com- regulations at 24 CFR 990.230, shall be moved Secretary. modity, the actual production history for forward so that the first demonstration date (8) NATURAL DISASTER DECLARATION.—The the commodity by the producers on the farm for asset management compliance shall be term ‘‘natural disaster declaration’’ means a under the Federal Crop Insurance Act (7 September 1, 2007, and reductions in subsidy natural disaster declared by the Secretary U.S.C. 1501 et seq.); or for calendar year 2007 shall be limited to the during the applicable period under section (ii) in the case of a noninsurable com- 5 percent amount referred to in such regula- 321(a) of the Consolidated Farm and Rural modity, the established yield for the crop for tions. Any public housing agency that has Development Act (7 U.S.C. 1961(a)). the producers on the farm under section 196 filed information to demonstrate compliance (9) NONINSURABLE COMMODITY.—The term of the Federal Agriculture Improvement and on or prior to April 15, 2007 shall be per- ‘‘noninsurable commodity’’ means a crop for Reform Act of 1996 (7 U.S.C. 7333). mitted to re-file the same or different infor- which the producers on a farm are eligible to (3) PAYMENT RATE.— mation to demonstrate such compliance on obtain assistance under section 196 of the (A) IN GENERAL.—For the purpose of para- or before September 1, 2007. Federal Agriculture Improvement and Re- graph (1)(B), the payment rate for quality CHAPTER 11 form Act of 1996 (7 U.S.C. 7333). losses for a crop of a commodity on a farm GENERAL PROVISIONS—THIS ACT (10) SECRETARY.—The term ‘‘Secretary’’ shall be equal to the difference between (as means the Secretary of Agriculture. AVAILABILITY OF FUNDS determined by the applicable State com- Subtitle A—Agricultural Production Losses mittee of the Farm Service Agency)— SEC. 4101. No part of any appropriation (i) the per unit market value that the units contained in this Act shall remain available SEC. 411. CROP DISASTER ASSISTANCE. of the crop affected by the quality loss would for obligation beyond the current fiscal year (a) IN GENERAL.—The Secretary shall use have had if the crop had not suffered a qual- unless expressly so provided herein. such sums as are necessary of funds of the Commodity Credit Corporation to make ity loss; and EMERGENCY DESIGNATION FOR TITLE I emergency financial assistance authorized (ii) the per unit market value of the units SEC. 4102. Amounts provided in title I of under this section available to producers on of the crop affected by the quality loss. this Act are designated as emergency re- a farm that have incurred qualifying losses (B) FACTORS.—In determining the payment quirements pursuant to section 402 of H. Con. described in subsection (c). rate for quality losses for a crop of a com- Res. 95 (109th Congress), the concurrent reso- (b) ADMINISTRATION.— modity on a farm, the applicable State com- lution on the budget for fiscal year 2006. (1) IN GENERAL.—Except as provided in mittee of the Farm Service Agency shall EMERGENCY DESIGNATION FOR TITLE II paragraph (2), the Secretary shall make as- take into account— SEC. 4103. Amounts provided in title II of sistance available under this section in the (i) the average local market quality dis- this Act are designated as emergency re- same manner as provided under section 815 of counts that purchasers applied to the com- quirements pursuant to section 402 of H. Con. the Agriculture, Rural Development, Food modity during the first 2 months following Res. 95 (109th Congress), the concurrent reso- and Drug Administration and Related Agen- the normal harvest period for the com- lution on the budget for fiscal year 2006. cies Appropriations Act, 2001 (Public Law modity; 106–387; 114 Stat. 1549A–55), including using (ii) the loan rate and repayment rate es- TITLE IV—EMERGENCY FARM RELIEF the same loss thresholds for quantity and tablished for the commodity under the mar- SEC. 401. SHORT TITLE. economic losses as were used in admin- keting loan program established for the com- This title may be cited as the ‘‘Emergency istering that section, except that the pay- modity under subtitle B of title I of the Farm Relief Act of 2007’’. ment rate shall be 55 percent of the estab- Farm Security and Rural Investment Act of SEC. 402. DEFINITIONS. lished price, instead of 65 percent. 2002 (7 U.S.C. 7931 et seq.); In this title: (2) NONINSURED PRODUCERS.—For producers (iii) the market value of the commodity if (1) ADDITIONAL COVERAGE.—The term ‘‘ad- on a farm that were eligible to acquire crop sold into a secondary market; and ditional coverage’’ has the meaning given insurance for the applicable production loss (iv) other factors determined appropriate the term in section 502(b)(1) of the Federal and failed to do so or failed to submit an ap- by the committee. Crop Insurance Act (7 U.S.C. 1502(b)(1)). plication for the noninsured assistance pro- (4) ELIGIBILITY.— (2) APPLICABLE CROP.—The term ‘‘applica- gram for the loss, the Secretary shall make (A) IN GENERAL.—For producers on a farm ble crop’’ means 1 or more crops planted, or assistance in accordance with paragraph (1), to be eligible to obtain a payment for a qual- prevented from being planted, during, as except that the payment rate shall be 20 per- ity loss for a crop under this subsection— elected by the producers on a farm, 1 of— cent of the established price, instead of 50 (i) the amount obtained by multiplying the (A) the 2005 crop year; percent. per unit loss determined under paragraph (1)

VerDate Mar 15 2010 22:26 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\2007SENATE\S26MR7.REC S26MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 26, 2007 CONGRESSIONAL RECORD — SENATE S3775

by the number of units affected by the qual- (1) USE OF COMMODITY CREDIT CORPORATION (2) PAYMENT RATES.—Indemnity payments ity loss shall be reduced by the amount of FUNDS.—Effective beginning on the date of to a producer on a farm under paragraph (1) any indemnification received by the pro- enactment of this Act, the Secretary shall shall be made at a rate of not less than 30 ducers on the farm for quality loss adjust- use funds of the Commodity Credit Corpora- percent of the market value of the applicable ment for the commodity under a policy or tion to carry out the 2002 Livestock Com- livestock on the day before the date of death plan of insurance under the Federal Crop In- pensation Program announced by the Sec- of the livestock, as determined by the Sec- surance Act (7 U.S.C. 1501 et seq.); and retary on October 10, 2002 (67 Fed. Reg. 63070), retary. (ii) the remainder shall be at least 25 per- to provide compensation for livestock losses (c) EWE LAMB REPLACEMENT AND RETEN- cent of the value that all affected production during the applicable period for losses (in- TION.— of the crop would have had if the crop had cluding losses due to blizzards that began in (1) IN GENERAL.—The Secretary shall use not suffered a quality loss. calendar year 2006 and continued in January $13,000,000 of funds of the Commodity Credit (B) INELIGIBILITY.—If the amount of a qual- 2007) due to a disaster, as determined by the Corporation to make payments to producers ity loss payment for a commodity for the Secretary, except that the payment rate located in disaster counties under the Ewe producers on a farm determined under this shall be 80 percent of the payment rate es- Lamb Replacement and Retention Payment paragraph is equal to or less than zero, the tablished for the 2002 Livestock Compensa- Program under part 784 of title 7, Code of producers on the farm shall be ineligible for tion Program. Federal Regulations (or a successor regula- assistance for the commodity under this sub- (2) ELIGIBLE APPLICANTS.—In carrying out tion) for each qualifying ewe lamb retained section. the program described in paragraph (1), the or purchased during the period beginning on (5) ELIGIBLE PRODUCTION.—The Secretary Secretary shall provide assistance to any ap- January 1, 2006, and ending on December 31, shall carry out this subsection in a fair and plicant for livestock losses during the appli- 2006, by the producers. equitable manner for all eligible production, cable period that— (2) INELIGIBILITY FOR OTHER ASSISTANCE.—A including the production of fruits and vege- (A)(i) conducts a livestock operation that producer that receives assistance under this tables, other specialty crops, and field crops. is located in a disaster county, including any subsection shall not be eligible to receive as- (e) ELECTION OF CROP YEAR.—If a producer applicant conducting a livestock operation sistance under subsection (a). incurred qualifying crop losses in more than with eligible livestock (within the meaning (d) ELECTION OF PRODUCTION YEAR.—If a 1 of the crop years during the applicable pe- of the livestock assistance program under producer incurred qualifying production riod, the producers on a farm shall elect to section 101(b) of division B of Public Law 108– losses in more than one of the production receive assistance under this section for 324 (118 Stat. 1234)); or years, the producers on a farm shall elect to losses incurred in only 1 of the crop years. (ii) produces an animal described in section receive assistance under this section in only (f) PAYMENT LIMITATION.— 10806(a)(1) of the Farm Security and Rural one of the production years. (1) LIMITATION.—Assistance provided under Investment Act of 2002 (21 U.S.C. 321d(a)(1)); (e) EXCEPTION.—Notwithstanding any other this section to the producers on a farm for (B) demonstrates to the Secretary that the provision of this section, livestock producers losses to a crop, together with the amounts applicant suffered a material loss of pasture on a farm shall be eligible to receive assist- specified in paragraph (2) applicable to the or hay production, or experienced substan- ance under subsection (a) or livestock in- same crop, may not exceed 95 percent of tially increased feed costs, due to damaging demnity payments under subsection (b) if what the value of the crop would have been weather or a related condition during the the producers on a farm— in the absence of the losses, as estimated by calendar year, as determined by the Sec- (1) have livestock operations in a county the Secretary. retary; and included in the geographic area covered by a (2) OTHER PAYMENTS.—In applying the limi- (C) meets all other eligibility requirements major disaster or emergency designated by tation in paragraph (1), the Secretary shall established by the Secretary for the pro- the President under the Robert T. Stafford include the following: gram. Disaster Relief and Emergency Assistance (A) Any crop insurance payment made (3) MITIGATION.—In determining the eligi- Act (42 U.S.C. 5121 et seq.) due to blizzards, under the Federal Crop Insurance Act (7 bility for or amount of payments for which a ice storms, or other winter–related causes U.S.C. 1501 et seq.) or payment under section producer is eligible under the livestock com- during the period of December 2006 through 196 of the Federal Agricultural Improvement pensation program, the Secretary shall not January 2007; and and Reform Act of 1996 (7 U.S.C. 7333) that penalize a producer that takes actions (rec- (2) meet all eligibility requirements for the the producers on the farm receive for losses ognizing disaster conditions) that reduce the assistance or payments other than the re- to the same crop. average number of livestock the producer quirements relating to disaster declarations (B) The value of the crop that was not lost owned for grazing during the production year by the Secretary under subsections (a) and (if any), as estimated by the Secretary. for which assistance is being provided. (b)(1). (g) TIMING.— (4) PAYMENTS FOR REDUCTION IN GRAZING ON SEC. 415. FLOODED CROP AND GRAZING LAND. (1) IN GENERAL.—Subject to paragraph (2), FEDERAL LAND.— (a) IN GENERAL.—The Secretary shall com- the Secretary shall make payments to pro- (A) IN GENERAL.—In carrying out this sub- pensate eligible owners of flooded crop and ducers on a farm for a crop under this sec- section, the Secretary shall make payments grazing land in the State of North Dakota. tion not later than 60 days after the date the to livestock producers that are in proportion (b) ELIGIBILITY.— producers on the farm submit to the Sec- to any reduction during calendar year 2007 in (1) IN GENERAL.—To be eligible to receive retary a completed application for the pay- grazing on Federal land in a disaster county compensation under this section, an owner ments. leased by the producers a result of actions shall own land described in subsection (a) (2) INTEREST.—If the Secretary does not described in subparagraph (B). that, during the 2 crop years preceding re- make payments to the producers on a farm (B) FEDERAL ACTIONS.—Actions referred to ceipt of compensation, was rendered incapa- by the date described in paragraph (1), the in subparagraph (A) are actions taken during ble of use for the production of an agricul- Secretary shall pay to the producers on a calendar year 2007 by the Bureau of Land tural commodity or for grazing purposes (in farm interest on the payments at a rate Management or other Federal agency to re- a manner consistent with the historical use equal to the current (as of the sign-up dead- strict or prohibit grazing otherwise allowed of the land) as the result of flooding, as de- line established by the Secretary) market under the terms of the lease of the producers termined by the Secretary. yield on outstanding, marketable obligations in order to expedite the recovery of the Fed- (2) INCLUSIONS.—Land described in para- of the United States with maturities of 30 eral land from drought, wildfire, or other graph (1) shall include— years. natural disaster declared by the Secretary (A) land that has been flooded; SEC. 412. DAIRY ASSISTANCE. during the applicable period. (B) land that has been rendered inacces- The Secretary shall use $95,000,000 of funds (5) LIMITATION.—The Secretary shall en- sible due to flooding; and of the Commodity Credit Corporation to sure, to the maximum extent practicable, (C) a reasonable buffer strip adjoining the make payments to dairy producers for dairy that producers on a farm do not receive du- flooded land, as determined by the Sec- production losses in disaster counties. plicative payments under this subsection and retary. SEC. 413. MILK INCOME LOSS CONTRACT PRO- another Federal program with respect to any (3) ADMINISTRATION.—The Secretary may GRAM. loss. establish— Section 1502(c)(3) of the Farm Security and (b) LIVESTOCK INDEMNITY PAYMENTS.— (A) reasonable minimum acreage levels for Rural Investment Act of 2002 (7 U.S.C. (1) IN GENERAL.—The Secretary shall use individual parcels of land for which owners 7982(c)(3)) is amended— such sums as are necessary of funds of the may receive compensation under this sec- (1) in subparagraph (A), by adding ‘‘and’’ at Commodity Credit Corporation to make live- tion; and the end; stock indemnity payments to producers on (B) the location and area of adjoining (2) in subparagraph (B), by striking ‘‘Au- farms that have incurred livestock losses flooded land for which owners may receive gust’’ and all that follows through the end during the applicable period (including losses compensation under this section. and inserting ‘‘September 30, 2007, 34 per- due to blizzards that began in calendar year (c) SIGN-UP.—The Secretary shall establish cent.’’; and 2006 and continued in January 2007) due to a a sign-up program for eligible owners to (3) by striking subparagraph (C). disaster, as determined by the Secretary, in- apply for compensation from the Secretary SEC. 414. LIVESTOCK ASSISTANCE. cluding losses due to hurricanes, floods, an- under this section. (a) LIVESTOCK COMPENSATION PROGRAM.— thrax, wildfires, and extreme heat. (d) COMPENSATION PAYMENTS.—

VerDate Mar 15 2010 22:26 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\2007SENATE\S26MR7.REC S26MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3776 CONGRESSIONAL RECORD — SENATE March 26, 2007

(1) IN GENERAL.—Subject to paragraphs (2) tive in Hawaii, the members of which are eli- er-related agricultural losses to the crop or and (3), the rate of an annual compensation gible to obtain a loan under section 156(a) of livestock production sectors of the qualified payment under this section shall be equal to the Federal Agriculture Improvement and State, as determined by the Secretary. 90 percent of the average annual per acre Reform Act of 1996 (7 U.S.C. 7272(a)). (2) ELIGIBILITY.— rental payment rate (at the time of entry (d) ELECTION OF CROP YEAR.—If a producer (A) IN GENERAL.—To be eligible to receive a into the contract) for comparable crop or incurred qualifying crop losses in more than direct payment under paragraph (1), a small grazing land that has not been flooded and one of the crop years during the applicable business shall— remains in production in the county where period, the producers on a farm shall elect to (i) have less than $15,000,000 in average an- the flooded land is located, as determined by receive assistance under this section for nual gross income from all business activi- the Secretary. losses incurred in only one of the crop years. ties, at least 75 percent of which shall be di- (2) REDUCTION.—An annual compensation SEC. 417. NONINSURED CROP ASSISTANCE PRO- rectly related to production agriculture or payment under this section shall be reduced GRAM. agriculture support industries, as deter- by the amount of any conservation program Section 196(c) of the Federal Agriculture mined by the Secretary; rental payments or Federal agricultural Improvement and Reform Act of 1996 (7 (ii) verify the amount of economic loss at- commodity program payments received by U.S.C. 7333(c)) is amended by adding at the tributable to weather-related agricultural the owner for the land during any crop year end the following: losses using such documentation as the Sec- for which compensation is received under ‘‘(5) LOSS ASSESSMENT FOR GRAZING.—The retary and the head of the qualified State this section. Secretary shall permit the use of 1 claims agency may require; (3) EXCLUSION.—During any year in which adjustor certified by the Secretary to assess (iii) have suffered losses attributable to an owner receives compensation for flooded the quantity of loss on the acreage or allot- weather-related agricultural disasters that land under this section, the owner shall not ment of a producer devoted to grazing for equal at least 50 percent of the total eco- be eligible to participate in or receive bene- livestock under this section.’’. nomic loss of the small business for each fits for the flooded land under— SEC. 418. REDUCTION IN PAYMENTS. year a grant is requested; and (A) the Federal crop insurance program es- The amount of any payment for which a (iv) demonstrate that the grant will mate- tablished under the Federal Crop Insurance producer is eligible under this subtitle shall rially improve the likelihood the business Act (7 U.S.C. 1501 et seq.); be reduced by any amount received by the will— (B) the noninsured crop assistance program producer for the same loss or any similar (I) recover from the disaster; and established under section 196 of the Federal loss under— (II) continue to service and support produc- Agriculture Improvement and Reform Act of (1) the Department of Defense, Emergency tion agriculture. 1996 (7 U.S.C. 7333); or Supplemental Appropriations to Address (B) EMERGENCY GRANTS TO ASSIST LOW-IN- (C) any Federal agricultural crop disaster Hurricanes in the Gulf of Mexico, and Pan- COME MIGRANT AND SEASONAL FARM- assistance program. demic Influenza Act, 2006 (Public Law 109– WORKERS.— (e) RELATIONSHIP TO AGRICULTURAL COM- 148; 119 Stat. 2680); (i) Funds made available by this subtitle MODITY PROGRAMS.—The Secretary, by regu- (2) an agricultural disaster assistance pro- may be used to carry out assistance pro- lation, shall provide for the preservation of vision contained in the announcement of the grams in States that are consistent with the cropland base, allotment history, and pay- Secretary on January 26, 2006, or August 29, purpose and intent of the program author- ment yields applicable to land described in 2006; ized at section 2281 of the Food, Agriculture, subsection (a) that was rendered incapable of (3) the Emergency Supplemental Appro- Conservation and Trade Act of 1990 (42 U.S.C. use for the production of an agricultural priations Act for Defense, the Global War on 5177a). commodity or for grazing purposes as the re- Terror, and Hurricane Recovery, 2006 (Public (ii) In carrying out this subparagraph, a sult of flooding. Law 109-234; 120 Stat. 418); or qualified State may waive the gross income (f) USE OF LAND.— (4) the Livestock Assistance Grant Pro- requirement at subparagraph (A)(i) of this (1) IN GENERAL.—An owner that receives gram announced by the Secretary on August paragraph. compensation under this section for flooded 29, 2006. (3) REQUIREMENTS.—A direct payment to land shall take such actions as are necessary small business under this subsection shall— to not degrade any wildlife habitat on the Subtitle B—Small Business Economic Loss Grant Program (A) be limited to not more than 2 years of land that has naturally developed as a result documented losses; and of the flooding. SEC. 421. SMALL BUSINESS ECONOMIC LOSS GRANT PROGRAM. (B) be in an amount of not more than 75 (2) RECREATIONAL ACTIVITIES.—To encour- percent of the documented average economic age owners that receive compensation for (a) DEFINITION OF QUALIFIED STATE.—In this section, the term ‘‘qualified State’’ loss attributable to weather-related agri- flooded land to allow public access to and use culture disasters for each eligible year in the of the land for recreational activities, as de- means a State in which at least 50 percent of the counties of the State were declared to be qualified State. termined by the Secretary, the Secretary (4) INSUFFICIENT FUNDING.—If the grant may— primary agricultural disaster areas by the Secretary during the applicable period. funds received by a qualified State agency (A) offer an eligible owner additional com- under subsection (b) are insufficient to fund pensation; and (b) GRANTS TO QUALIFIED STATES.— (1) IN GENERAL.—The Secretary shall use the direct payments of the qualified State (B) provide compensation for additional agency under this subsection, the qualified acreage under this section. $100,000,000 of funds of the Commodity Credit Corporation to make grants to State depart- State agency may apply a proportional re- (g) FUNDING.— duction to all of the direct payments. (1) IN GENERAL.—The Secretary shall use ments of agriculture or comparable State $6,000,000 of funds of the Commodity Credit agencies in qualified States. Subtitle C—Forestry Corporation to carry out this section. (2) AMOUNT.— SEC. 431. TREE ASSISTANCE PROGRAM. (2) PRO-RATED PAYMENTS.—In a case in (A) IN GENERAL.—Subject to subparagraph (a) DEFINITION OF TREE.—In this section, which the amount made available under (B), the Secretary shall allocate grants the term ‘‘tree’’ includes— paragraph (1) for a fiscal year is insufficient among qualified States described in para- (1) a tree (including a Christmas tree, orna- to compensate all eligible owners under this graph (1) based on the average value of agri- mental tree, nursery tree, and potted tree); section, the Secretary shall pro-rate pay- cultural sector production in the qualified (2) a bush (including a shrub, nursery ments for that fiscal year on a per acre basis. State, determined as a percentage of the shrub, nursery bush, ornamental bush, orna- SEC. 416. SUGAR BEET AND SUGAR CANE DIS- gross domestic product of the qualified mental shrub, potted bush, and potted ASTER ASSISTANCE. State. shrub); and (a) IN GENERAL.—The Secretary shall use (B) MINIMUM AMOUNT.—The minimum (3) a vine (including a nursery vine and or- $24,000,000 of funds of the Commodity Credit amount of a grant under this subsection namental vine). Corporation to provide assistance to sugar shall be $500,000. (b) PROGRAM.—Except as otherwise pro- beet producers that suffered production (3) REQUIREMENT.—To be eligible to receive vided in this section, the Secretary shall use losses (including quality losses) for the ap- a grant under this subsection, a qualified such sums as are necessary of the funds of plicable crop. State shall agree to carry out an expedited the Commodity Credit Corporation to pro- (b) REQUIREMENT.—The Secretary shall disaster assistance program to provide direct vide assistance under the terms and condi- make payments under subsection (a) in the payments to qualified small businesses in ac- tions of the tree assistance program estab- same manner as payments were made under cordance with subsection (c). lished under subtitle C of title X of the Farm section 208 of the Agricultural Assistance (c) DIRECT PAYMENTS TO QUALIFIED SMALL Security and Rural Investment Act of 2002 (7 Act of 2003 (Public Law 108–7; 117 Stat. 544), BUSINESSES.— U.S.C. 8201 et seq.) to— including using the same indemnity benefits (1) IN GENERAL.—In carrying out an expe- (1) producers who suffered tree losses in as were used in carrying out that section. dited disaster assistance program described disaster counties; and (c) HAWAII.—The Secretary shall use in subsection (b)(3), a qualified State shall (2) fruit and tree nut producers in disaster $3,000,000 of funds of the Commodity Credit provide direct payments to eligible small counties. Corporation to assist sugarcane growers in businesses in the qualified State that suf- (c) COSTS.—Funds made available under Hawaii by making a payment in that amount fered material economic losses during the this section shall also be made available to to an agricultural transportation coopera- applicable period as a direct result of weath- cover costs associated with tree pruning,

VerDate Mar 15 2010 22:26 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\2007SENATE\S26MR7.REC S26MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 26, 2007 CONGRESSIONAL RECORD — SENATE S3777 tree rehabilitation, and other appropriate (b) USE OF FUNDS.—Funds described in sub- him to the bill H.R. 1591, making emer- tree-related activities as determined by the section (a) shall be used in a manner that gency supplemental appropriations for Secretary. promotes cooperative efforts between Fed- the fiscal year ending September 30, (d) SCOPE OF ASSISTANCE.—Assistance eral programs (including the plant protec- 2007, and for other purposes; which was under this section shall compensate for tion and quarantine program of the Animal losses resulting from disasters during the ap- and Plant Health Inspection Service) and ordered to lie on the table; as follows: plicable period. State and local programs carried out, in On page 41, line 19 strike $214,000,000 and insert $214,000,001 Subtitle D—Conservation whole or in part, with Federal funds to fight insect outbreaks. SEC. 441. EMERGENCY CONSERVATION PRO- SEC. 463. FUNDING. SA 645. Mr. REID submitted an GRAM. amendment intended to be proposed by The Secretary shall use an additional The Secretary shall use the funds, facili- $35,000,000 of funds of the Commodity Credit ties, and authorities of the Commodity Cred- him to the bill H.R. 1591, making emer- Corporation to carry out emergency meas- it Corporation to carry out this title, to re- gency supplemental appropriations for ures, including wildfire recovery efforts in main available until expended. the fiscal year ending September 30, Montana and other States, identified by the SEC. 464. REGULATIONS. 2007, and for other purposes; which was Administrator of the Farm Service Agency (a) IN GENERAL.—The Secretary may pro- ordered to lie on the table; as follows: as of the date of enactment of this Act mulgate such regulations as are necessary to In the amendment strike $214,000,001 and through the emergency conservation pro- implement this title. insert $214,000,002. gram established under title IV of the Agri- (b) PROCEDURE.—The promulgation of the cultural Credit Act of 1978 (16 U.S.C. 2201 et regulations and administration of this title SA 646. Mrs. HUTCHISON submitted seq.), of which $3,000,000 shall be to repair shall be made without regard to— (1) the notice and comment provisions of an amendment intended to be proposed broken irrigation pipelines and damaged and by her to the bill H.R. 1591, making collapsed water tanks, $1,000,000 to provide section 553 of title 5, United States Code; emergency loans for losses of agricultural in- (2) the Statement of Policy of the Sec- emergency supplemental appropria- come, and $2,000,000 to repair ditch irrigation retary of Agriculture effective July 24, 1971 tions for the fiscal year ending Sep- systems in conjunction with the Presidential (36 Fed. Reg. 13804), relating to notices of tember 30, 2007, and for other purposes; declaration of a major disaster (FEMA–1664– proposed rulemaking and public participa- which was ordered to lie on the table; DR), dated October 17, 2006, and related de- tion in rulemaking; and as follows: (3) chapter 35 of title 44, United States terminations issued under the authority of At the appropriate place insert the fol- Code (commonly known as the ‘‘Paperwork the Robert T. Stafford Disaster Relief and lowing: Reduction Act’’). Emergency Assistance Act, 42 U.S.C. 5121– ‘‘SEC. lll. Notwithstanding any other (c) CONGRESSIONAL REVIEW OF AGENCY 5206 (the Stafford Act): Provided, That the provision of law, the Secretary of Veterans RULEMAKING.—In carrying out this section, Secretary may transfer a portion of these Affairs is authorized to convey without con- the Secretary shall use the authority pro- funds to the Natural Resources Conservation sideration to the State of Texas all right, vided under section 808 of title 5, United Service, to include Resource Conservation title, and interest of the United States in States Code. and Development councils. and to a parcel of real property comprising SEC. 442. EMERGENCY WATERSHED PROTECTION Subtitle G—Emergency Designation the location of the Marlin, Texas Depart- PROGRAM. SEC. 471. EMERGENCY DESIGNATION. ment of Veterans Affairs Medical Center. In The Secretary shall use an additional The amounts provided under this title are so conveying, the Secretary need not comply $50,000,000 of funds of the Commodity Credit designated as an emergency requirement with Federal laws relating to the environ- Corporation to carry out emergency meas- pursuant to section 402 of H. Con. Res. 95 ment and historic preservation. However, the ures identified by the Chief of the Natural (109th Congress). Secretary may at his discretion undertake Resources Conservation Service as of the This Act may be cited as the ‘‘U.S. Troop environmental cleanup at a cost not to ex- date of enactment of this Act through the Readiness, Veterans’ Care, Katrina Recov- ceed $500,000 utilizing appropriations avail- emergency watershed protection program es- ery, and Iraq Accountability Appropriations able for the environmental cleanup of sites tablished under section 403 of the Agricul- Act, 2007’’. under the Department’s jurisdiction. The tural Credit Act of 1978 (16 U.S.C. 2203). purpose of the conveyance is to permit the SEC. 443. CONSERVATION SECURITY PROGRAM. SA 642. Ms. LANDRIEU submitted an State of Texas to utilize the property for Section 20115 of Public Law 110–5 is amend- amendment intended to be proposed to purposes of a prison.’’ ed by striking ‘‘section 726’’ and inserting in amendment SA 641 proposed by Mr. lieu thereof ‘‘section 726; section 741’’. BYRD to the bill H.R. 1591, making SA 647. Mr. SESSIONS submitted an Subtitle E—Farm Service Agency emergency supplemental appropria- amendment intended to be proposed by SEC. 451. FUNDING FOR ADDITIONAL PERSONNEL tions for the fiscal year ending Sep- him to the bill H.R. 1591, making emer- AND ADMINISTRATIVE SUPPORT. tember 30, 2007, and for other purposes; gency supplemental appropriations for The Secretary shall use $30,000,000 of funds which was ordered to lie on the table; the fiscal year ending September 30, of the Commodity Credit Corporation— as follows: 2007, and for other purposes; which was (1) of which $9,000,000 shall be used to hire ordered to lie on the table; as follows: additional County Farm Service Agency per- On page 60, line 13, strike ‘‘$150,000,000’’ and insert ‘‘$755,000,000’’. On page 72, between lines 7 and 8, insert sonnel to expedite the implementation of, the following: and delivery under, the agricultural disaster On page 60, line 16, insert after ‘‘area’’ the following: ‘‘Provided, That $605,000,000 shall SEC. 2504. MAJOR DISASTER OR EMERGENCY and economic assistance programs under this BENEFITS. title; and be for construction of the Inner Harbor Navi- (a) FRAUD IN CONNECTION WITH MAJOR DIS- (2) to be used as the Secretary determines gation Canal Lock replacement project, to ASTER OR EMERGENCY BENEFITS.— to be necessary to carry out this and other remain available until expended’’. (1) IN GENERAL.—Chapter 47 of title 18, agriculture and disaster assistance pro- United States Code, is amended by adding at grams. SA 643. Mr. COCHRAN (for himself, the end the following: Subtitle F—Miscellaneous Mr. MCCAIN, Mr. LIEBERMAN, Mr. GRA- HAM, Mr. WARNER, Mr. STEVENS, Mr. ‘‘§ 1040. Fraud in connection with major dis- SEC. 461. CONTRACT WAIVER. aster or emergency benefits In carrying out this title and section BROWNBACK, Mr. SHELBY, Mr. Craig, Mr. ALLARD, Mr. BENNETT, and Mr. ‘‘(a) Whoever, in a circumstance described 101(a)(5) of the Emergency Supplemental Ap- in subsection (b) of this section, knowingly— ENZI) proposed an amendment to propriations for Hurricane Disasters Assist- ‘‘(1) falsifies, conceals, or covers up by any ance Act, 2005 (Public Law 108–324; 118 Stat. amendment SA 641 proposed by Mr. trick, scheme, or device any material fact; 1233), the Secretary shall not require partici- BYRD to the bill H.R. 1591, making or pation in a crop insurance pilot program re- emergency supplemental appropria- ‘‘(2) makes any materially false, fictitious, lating to forage. tions for the fiscal year ending Sep- or fraudulent statement or representation, SEC. 462. INSECT INFESTATIONS. tember 30, 2007, and for other purposes; or makes or uses any false writing or docu- (a) IN GENERAL.—The Secretary, acting as follows: ment knowing the same to contain any ma- through the Administrator of the Animal terially false, fictitious, or fraudulent state- On page 24, strike line 16 and all that fol- and Plant Health Inspection Service, shall ment or representation, lows through page 26, line 24 and insert: use not less than $20,000,000 of funds made in any matter involving any benefit author- available from the Commodity Credit Cor- ‘‘SEC. 1315. BENCHMARKS FOR THE GOVERN- ized, transported, transmitted, transferred, poration for the Animal and Plant Health In- MENT OF IRAQ.—’’ disbursed, or paid in connection with a major spection Service to survey and control insect disaster declaration under section 401 of the infestations in the States of Nevada, Idaho, SA 644. Mr. REID submitted an Robert T. Stafford Disaster Relief and Emer- and Utah. amendment intended to be proposed by gency Assistance Act (42 U.S.C. 5170) or an

VerDate Mar 15 2010 22:26 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\2007SENATE\S26MR7.REC S26MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3778 CONGRESSIONAL RECORD — SENATE March 26, 2007 emergency declaration under section 501 of mission may have for combating offenses de- day, March 26, 2007, at 2 p.m., to re- the Robert T. Stafford Disaster Relief and scribed in that subparagraph. ceive a briefing on the reorganization Emergency Assistance Act (42 U.S.C. 5191), or (2) REQUIREMENTS.—In carrying out this of the office of the Under Secretary of in connection with any procurement of prop- subsection, the Sentencing Commission Defense for Policy. erty or services related to any emergency or shall— major disaster declaration as a prime con- (A) ensure that the sentencing guidelines The PRESIDING OFFICER. Without tractor with the United States or as a sub- and policy statements reflect the serious na- objection, it is so ordered. contractor or supplier on a contract in which ture of the offenses described in paragraph SUBCOMMITTEE ON HUMAN RIGHTS AND THE LAW there is a prime contract with the United (1) and the need for aggressive and appro- Mrs. MURRAY. Mr. President, I ask States, shall be fined under this title, impris- priate law enforcement action to prevent unanimous consent that the Sub- oned not more than 30 years, or both. such offenses; committee on Human Rights and the ‘‘(b) A circumstance described in this sub- (B) assure reasonable consistency with Law be authorized to meet on Monday, section is any instance where— other relevant directives and with other ‘‘(1) the authorization, transportation, guidelines; March 26, 2007, at 3 p.m., to conduct a transmission, transfer, disbursement, or pay- (C) account for any aggravating or miti- hearing on ‘‘Legal Options to Stop ment of the benefit is in or affects interstate gating circumstances that might justify ex- Human Trafficking,’’ in Room 226 of or foreign commerce; ceptions, including circumstances for which the Dirksen Senate Office Building. ‘‘(2) the benefit is transported in the mail the sentencing guidelines currently provide Grace Chung Becker, Deputy Assist- at any point in the authorization, transpor- sentencing enhancements; ant Attorney General for Civil Rights, tation, transmission, transfer, disbursement, (D) make any necessary conforming United States Department of Justice, or payment of that benefit; or changes to the sentencing guidelines; and Washington, DC; Katherine Kaufka, ‘‘(3) the benefit is a record, voucher, pay- (E) assure that the guidelines adequately ment, money, or thing of value of the United meet the purposes of sentencing as set forth Supervising Attorney, Counter-Traf- States, or of any department or agency in section 3553(a)(2) of title 18, United States ficking Services Program, National Im- thereof. Code. migrant Justice Center, Heartland Al- ‘‘(c) In this section, the term ‘benefit’ (3) EMERGENCY AUTHORITY AND DEADLINE liance for Human Needs & Human means any record, voucher, payment, money FOR COMMISSION ACTION.—The Commission Rights, Chicago, IL; Martina E. Van- or thing of value, good, service, right, or shall promulgate the guidelines or amend- denberg, Attorney, Jenner & Block, privilege provided by the United States, a ments provided for under this subsection as Washington, DC; and Holly J. State or local government, or other entity.’’. soon as practicable, and in any event not Burkhalter, Vice President, Inter- (2) CLERICAL AMENDMENT.—The table of later than the 30 days after the date of enact- sections for chapter 47 of title 18, United ment of this Act, in accordance with the pro- national Justice Mission, Washington, States Code, is amended by adding at the end cedures set forth in section 21(a) of the Sen- DC. the following new item: tencing Reform Act of 1987, as though the au- The PRESIDING OFFICER. Without ‘‘1040. Fraud in connection with major dis- thority under that Act had not expired. objection, it is so ordered. aster or emergency benefits.’’. f SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT (b) INCREASED CRIMINAL PENALTIES FOR EN- MANAGEMENT, THE FEDERAL WORKFORCE AND GAGING IN WIRE, RADIO, AND TELEVISION NOTICES OF HEARINGS/MEETINGS THE DISTRICT OF COLUMBIA FRAUD DURING AND RELATION TO A PRESI- COMMITTEE ON RULES AND ADMINISTRATION Mrs. MURRAY. Mr. President, I ask DENTIALLY DECLARED MAJOR DISASTER OR unanimous consent that the Sub- EMERGENCY.—Section 1343 of title 18, United Mrs. FEINSTEIN. Mr. President, I wish to announce that the Committee committee on Oversight of Government States Code, is amended by inserting: ‘‘oc- Management, the Federal Workforce curs in relation to, or involving any benefit on Rules and Administration will meet authorized, transported, transmitted, trans- on Wednesday, April 11, 2007, at 10 a.m., and the District of Columbia be author- ferred, disbursed, or paid in connection with, to conduct an oversight hearing on the ized to meet on Monday, March 26, 2007, a presidentially declared major disaster or Smithsonian Institution. at 2:30 p.m., for a hearing entitled, Un- emergency (as those terms are defined in For further information regarding derstanding the Realities of REAL ID: section 102 of the Robert T. Stafford Disaster this hearing, please contact Howard A Review of Efforts to Secure Drivers’ Relief and Emergency Assistance Act (42 Licenses and Identification Cards. U.S.C. 5122)), or’’ after ‘‘If the violation’’. Gantman at the Rules and Administra- tion Committee on 224–6352. The PRESIDING OFFICER. Without (c) INCREASED CRIMINAL PENALTIES FOR EN- objection, it is so ordered. GAGING IN MAIL FRAUD DURING AND IN RELA- f TION TO A PRESIDENTIALLY DECLARED MAJOR f DISASTER OR EMERGENCY.—Section 1341 of AUTHORITY FOR COMMITTEES TO PRIVILEGES OF THE FLOOR title 18, United States Code, is amended by MEET inserting: ‘‘occurs in relation to, or involv- Mr. COCHRAN. Madam President, I COMMITTEE ON ENERGY AND NATURAL ing any benefit authorized, transported, ask unanimous consent that Yvonne RESOURCES transmitted, transferred, disbursed, or paid Stone, a detailee from the Department in connection with, a presidentially declared Ms. MURRAY. Mr. President, I ask of Veterans Affairs, be granted floor major disaster or emergency (as those terms unanimous consent that the Com- privileges for the duration of the de- are defined in section 102 of the Robert T. mittee on Energy and Natural Re- bate on H.R. 1591, the emergency war Stafford Disaster Relief and Emergency As- sources be authorized to hold a Round- supplemental. sistance Act (42 U.S.C. 5122)), or’’ after ‘‘If table Discussion during the session of the violation’’. The PRESIDING OFFICER. Without the Senate on Monday, March 26, 2007, objection, it is so ordered. (d) DIRECTIVE TO SENTENCING COMMISSION.— at 2:30 p.m. in room SD–G50 of the (1) IN GENERAL.—Pursuant to its authority Mr. COCHRAN. I also ask unanimous under section 994(p) of title 28, United States Dirksen Senate Office Building. consent that Earl Rilington and Eric Code, and in accordance with this sub- The purpose of the Roundtable is to Perritt, Fellows serving in my office, section, the United States Sentencing Com- discuss the progress of the European be granted floor privileges for the dura- mission forthwith shall— Union’s Emissions Trading Scheme and tion of the debate on H.R. 1591, the fis- (A) promulgate sentencing guidelines or to receive information on lessons cal year 2007 emergency supplemental amend existing sentencing guidelines to pro- learned for policymakers who want to appropriations bill. vide for increased penalties for persons con- better understand how a market-based The PRESIDING OFFICER. Without victed of fraud or theft offenses in connec- trading program could operate effi- tion with a major disaster declaration under objection, it is so ordered. section 401 of the Robert T. Stafford Disaster ciently and effectively in the United Mr. BYRD. Madam President, I ask Relief and Emergency Assistance Act (42 States. unanimous consent that Adam Morri- U.S.C. 5170) or an emergency declaration The PRESIDING OFFICER. Without son and Tad Gallion be granted floor under section 501 of the Robert T. Stafford objection, it is so ordered. privileges during the debate on this Disaster Relief and Emergency Assistance SUBCOMMITTEE ON EMERGING THREATS AND measure. Act (42 U.S.C. 5191); and CAPABILITIES The PRESIDING OFFICER. Without (B) submit to the Committee on the Judici- Mrs. MURRAY. Mr. President, I ask objection, it is so ordered. ary of the Senate and the Committee on the Judiciary of the House of Representatives an unanimous consent that the Sub- Mr. KENNEDY. I ask unanimous con- explanation of actions taken by the Commis- committee on Emerging Threats and sent that my State Department fellow, sion pursuant to subparagraph (A) and any Capabilities be authorized to meet dur- Mike Stanton, and my Marine Corps additional policy recommendations the Com- ing the session of the Senate on Mon- fellow, Mark Carlton, be granted floor

VerDate Mar 15 2010 22:26 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\2007SENATE\S26MR7.REC S26MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 26, 2007 CONGRESSIONAL RECORD — SENATE S3779 privileges for the duration of debate on framework that has broadened and deepened The PRESIDING OFFICER. The H.R. 1591 supplemental appropriations over time into the European Union, pro- clerk will report the resolution by bill. moting the free movement of people, serv- title. The PRESIDING OFFICER. Without ices, and capital, and common policies The assistant legislative clerk read among the countries in important areas, and objection, it is so ordered that has helped secure the spread of peace as follows: f and stability in Europe; A concurrent resolution (H. Con. Res. 66) Whereas the European Economic Commu- permitting the use of the rotunda of the Cap- UNANIMOUS CONSENT AGREE- nity expanded to bring more European coun- itol for a ceremony as part of the commemo- MENT—NOMINATION OF GEORGE tries into closer union, with the United ration of the days of remembrance of victims WU Kingdom, Denmark, and Ireland joining in of the Holocaust. 1973, Greece joining in 1981, and Spain and There being no objection, the Senate Mr. REID. Mr. President, I ask unan- Portugal joining in 1986; imous consent that tomorrow at 11:50 proceeded to consider the concurrent Whereas the member countries of the Eu- resolution. a.m., the Senate proceed to executive ropean Economic Community agreed to the session to consider the nomination of Single European Act in 1987, paving the way Mr. REID. I ask unanimous consent George Wu to be a U.S. district judge, for a single European market, and on Feb- the concurrent resolution be agreed to Calendar No. 38; that there be 20 min- ruary 7, 1992, the member countries of the and the motion to reconsider be laid on utes for debate equally divided between European Community signed the Treaty of the table, with no intervening action the chairman and ranking member of Maastricht, furthering the economic and po- or debate. litical ties among the member countries and The PRESIDING OFFICER. Without the Judiciary Committee; that at the creating the European Union; conclusion of or yielding back of time, objection, it is so ordered. Whereas the European Union has contin- The concurrent resolution (H. Con. the Senate vote on the confirmation of ued to grow so that the European Union now the nomination; that following the comprises 27 countries with a population of Res. 66) was agreed to. vote, the motion to reconsider be laid over 450,000,000, after the successful unifica- f on the table, the President be imme- tion of Germany in 1990 and the joining of Austria, Finland, and Sweden in 1995, Cy- ORDERS FOR TUESDAY, MARCH 27, diately notified of the Senate’s action, 2007 and the Senate then resume legislative prus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, session. Mr. REID. Mr. President, I ask unan- and Slovenia in 2004, and Bulgaria and Ro- imous consent that when the Senate The PRESIDING OFFICER. Without mania in 2007, and the European Union con- objection, it is so ordered. tinues to consider expanding to include other completes its business today, it stand adjourned until 10 a.m., Tuesday, f countries central to the history and future of Europe; March 27; that on Tuesday, following CONGRATULATING THE EUROPEAN Whereas the European Union has developed the prayer and pledge, the Journal of UNION a broad acquis communautaire covering poli- proceedings be approved to date, the cies in the economic, security, diplomatic, morning hour be deemed expired, the Mr. REID. Mr. President, I ask unan- and political areas, has established a single time for the two leaders be reserved for imous consent the Senate proceed to market, has built an economic and monetary their use later in the day, that there the consideration of S. Res. 124 sub- union, including the Euro currency, and has then be a period for morning business mitted earlier today. built an area of freedom, security, peace, and for 60 minutes with Senators permitted The PRESIDING OFFICER. The justice, extending stability to its neighbors; to speak therein for up to 10 minutes clerk will report the resolution by Whereas the European Union played a key each, the first 30 minutes under the title. role at the end of the Cold War in helping to spread free markets, democratic institutions control of the Republicans, and the The assistant legislative clerk read and values, and respect for human rights to final 30 minutes under the control of as follows: the former central European communist the majority; that at the close of A resolution (S. Res. 124) congratulating states; morning business, the Senate resume the European Union on the 50th anniversary Whereas the United States and the Euro- of the signing of the Treaty of Rome/creating pean Union have shared a unique partnership consideration of H.R. 1591; that on the European Economic Community among 6 based on a common heritage, shared values, Tuesday, following the vote on the ju- European countries and laying the founda- and mutual interests, and have worked to- dicial nomination, the Senate stand in tions for peace, stability, and prosperity in gether to strengthen international coopera- recess until 2:15 p.m. in order to accom- Europe. tion and institutions, to create a more open modate the respective party conference There being no objection, the Senate international trading system, to ensure work periods. I further ask unanimous proceeded to consider the resolution. transatlantic and global security, to pre- consent that Members have until 2:30 serve and promote peace, freedom, and de- to file first-degree amendments for the Mr. REID. I ask unanimous consent mocracy, and to advance human rights; and the resolution be agreed to, the pre- Whereas the United States has supported matter pending. amble be agreed to, the motion to re- the European integration process and has The PRESIDING OFFICER. Without consider be laid on the table, and any consistently supported the objective of Euro- objection, it is so ordered. statements be printed in the RECORD. pean unity and the enlargement of the Euro- f The resolution (S. Res. 124) was pean Union to promote prosperity, peace, agreed to. and democracy: Now, therefore, be it ADJOURNMENT UNTIL 10 A.M. The preamble was agreed to. Resolved, That the Senate— TOMORROW (1) congratulates the European Union and Mr. REID. If there is no further busi- The resolution, with its preamble, the member countries of the European Union reads as follows: on the 50th anniversary of the historic sign- ness today, I ask unanimous consent S. RES. 124 ing of the Treaty of Rome; the Senate stand adjourned under the Whereas after a half century of war and up- (2) commends the European Union for the previous order. heaval, and in the face of economic and po- critical role it and its predecessor organiza- There being no objection, the Senate, litical crises and the threat of communism, tions have played in spreading peace, sta- at 6:56 p.m., adjourned until Tuesday, European visionaries began a process to bility, and prosperity throughout Europe; March 27, 2007, at 10 a.m. bring the countries of Europe into closer eco- and f nomic and political cooperation to help se- (3) affirms the desire of the United States cure peace and prosperity for the peoples of to strengthen the transatlantic partnership NOMINATIONS Europe; with the European Union and with all of its Whereas, on March 25, 1957, 6 European member countries. Executive nominations received by the Senate March 26, 2007: countries—the Federal Republic of Germany, f France, Italy, Belgium, the Netherlands, and DEPARTMENT OF THE INTERIOR Luxembourg—signed the Treaty of Rome, PERMITTING USE OF THE R. LYLE LAVERTY, OF COLORADO, TO BE ASSISTANT creating the European Economic Commu- ROTUNDA OF THE CAPITOL SECRETARY FOR FISH AND WILDLIFE, VICE HAROLD nity; CRAIG MANSON. Whereas the Treaty of Rome established a Mr. REID. Mr. President, I ask unan- DEPARTMENT OF STATE imous consent the Senate proceed to customs union between the signatory coun- JANET E. GARVEY, OF MASSACHUSETTS, A CAREER tries, but also did much more, creating a the consideration of H. Con. Res. 66. MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF

VerDate Mar 15 2010 22:26 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 9801 E:\2007SENATE\S26MR7.REC S26MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3780 CONGRESSIONAL RECORD — SENATE March 26, 2007

MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- MARY J. BRANDT, 0000 DONALD F. MOFFORD, 0000 DINARY AND PLENIPOTENTIARY OF THE UNITED STATES PHILLIP R. BROWN, 0000 JAMES J. MONTAGUE, 0000 OF AMERICA TO THE REPUBLIC OF CAMEROON. STANLEY D. BRUNTZ, 0000 CLAYTON W. MOUSHON, 0000 R. NIELS MARQUARDT, OF CALIFORNIA, A CAREER THADDEUS E. BURR, 0000 MARTIN J. PARK, 0000 MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF CONRAD C. CALDWELL III, 0000 MITCHELL L. PERRY, 0000 MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- WILLIAM S. CARLE, 0000 JEFFREY W. PETTIGREW, 0000 DINARY AND PLENIPOTENTIARY OF THE UNITED STATES WENZELL E. CARTER, JR., 0000 EDWARD J. PIECEK, 0000 DAVID R. CHESSER, 0000 OF AMERICA TO THE REPUBLIC OF MADAGASCAR, AND WILLIAM Q. PLATT III, 0000 EDWARD J. CHUPEIN, JR., 0000 TO SERVE CONCURRENTLY AND WITHOUT ADDITIONAL CHARLES B. POWLEY, 0000 COMPENSATION AS AMBASSADOR EXTRAORDINARY AND ROBERT J. CLARK, 0000 SAMUEL H. RAMSAY III, 0000 PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA CARL E. CROFT, 0000 JAMES F. REAGAN, 0000 TO THE UNION OF COMOROS. PAUL D. CUMMINGS, 0000 WILLIAM E. DAY III, 0000 KEVIN F. REILLY, 0000 IN THE NAVY JOHN W. DUGAN, 0000 DAVID L. REYNOLDS, 0000 JAMES K. EDENFIELD, 0000 DEREK P. ROGERS, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TIMOTHY J. EVANS, 0000 JEFFERY A. SABOTKA, 0000 IN THE UNITED STATES NAVY TO THE GRADE INDICATED DOUGLAS A. FARNHAM, 0000 GEORGE E. SCHERZER, JR., 0000 UNDER TITLE 10, U.S.C., SECTION 624: DAVID K. FAUST, 0000 STEPHEN P. SHAFFER, 0000 To be rear admiral BRENT J. FEICK, 0000 DANEIL C. SHEA, 0000 JAMES E. FREDREGILL, 0000 MARK E. SHEEHY, 0000 REAR ADM. (LH) MICHAEL J. LYDEN, 0018 DENNIS J. GALLEGOS, 0000 JEFFREY M. SILVER, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KENNETH L. GAMMON, 0000 DAVID C. SNAKENBERG, 0000 IN THE UNITED STATES NAVY TO THE GRADE INDICATED DAVID R. GANN, 0000 RONALD W. SOLBERG, 0000 UNDER TITLE 10, U.S.C., SECTION 624: ROBERT M. GENTRY, 0000 KURT D. SONDERMAN, 0000 To be rear admiral RICHARD P. GREENWOOD, 0000 CHRISTOPHER A. STRATMANN, 0000 MURRAY A. HANSEN, 0000 JASVANT S. SURANI, 0000 REAR ADM. (LH) CHRISTINE S. HUNTER, 0000 JAMES C. HAY, JR., 0000 WILLIAM R. SWANSON, 0000 THOMAS J. HAYEK, 0000 REAR ADM. (LH) ADAM M. ROBINSON, JR., 0000 MICHAEL T. THOMAS, 0000 PAIGE P. HUNTER, 0000 CAROL A. TIMMONS, 0000 IN THE AIR FORCE DOUGLAS R. JACOBSON, 0000 ANDREW P. URBANSKY, 0000 MATTHEW P. JAMISON, 0000 THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE JOHN S. JOSEPH, 0000 PHILIP M. VANEAU, 0000 UNITED STATES OFFICERS FOR APPOINTMENT TO THE RICHARD W. KELLY, 0000 MARK J. VANKOOTEN, 0000 GRADE INDICATED IN THE RESERVE OF THE AIR FORCE BRIAN W. LEAKWAY, 0000 BRIAN L. VOGNILD, 0000 UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: JEROME P. LIMOGE, JR., 0000 THERESA A. VOTINELLI, 0000 To be colonel DALE R. MARKS, 0000 CHARLES W. WEDDLE, JR., 0000 BETTY J. MARSHALL, 0000 HAROLD L. WESTBROOK, JR., 0000 THOMAS I. ANDERSON, 0000 JAMES T. MATLOCK III, 0000 GREGORY T. WHITE, 0000 GLEN M. BAKER, 0000 JOHN E. MCNEIL, 0000 WILLIAM C. WOLFARTH, 0000 WAYNE E. BALE, 0000 SCOTT A. MCPHERSON, 0000 HARRY W. YOUNG, JR., 0000 RONALD D. BLUNCK, 0000 PHILLIP S. MICHAEL, 0000 MUSSARET A. ZUBERI, 0000

VerDate Mar 15 2010 22:26 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 9801 E:\2007SENATE\S26MR7.REC S26MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 26, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E639 EXTENSIONS OF REMARKS

A TRIBUTE TO AGNES E. GREEN and quickly rose to Chief News Desk Assist- educational experiences of the student at ant. Through her many years at WCBS Radio Foothill High School are commendable. I con- HON. EDOLPHUS TOWNS she won numerous awards. gratulate her on her much deserved recogni- OF NEW YORK Agnes is currently the producer and host of tion and I wish her continued success. IN THE HOUSE OF REPRESENTATIVES Everyday People and Everyday Voices aired f monthly on Brooklyn Community Access Tele- Monday, March 26, 2007 vision. A TRIBUTE TO LILLIAN ROBERTS Mr. TOWNS. Madam Speaker, I rise today Her passions include outdoor music con- to pay tribute to Agnes E. Green. Agnes E. certs, jazz festivals, live theatrical productions, HON. EDOLPHUS TOWNS Green is the eldest of seven children born to taking photos, and collecting Black memora- OF NEW YORK David and Agnes Cokley, and the mother of bilia. IN THE HOUSE OF REPRESENTATIVES one son, Eric. She is currently the Assistant Madam Speaker, I would like to recognize Monday, March 26, 2007 Director of Public Affairs at Spring Creek Tow- this outstanding journalist for all of her work. ers and the Editor-in-Chief of its newspaper, Madam Speaker, I urge my colleagues to Mr. TOWNS. Madam Speaker, I rise to pay The Spring Creek Sun. join me in paying tribute to Agnes E. Green. tribute to Ms. Lillian Roberts. Lillian Roberts is Born and raised in Brooklyn’s Bedford- f currently the Executive Director of District Stuyvesant and now a resident of Prospect Council 37 of the AFSCME, AFL–CIO union. Heights, Agnes is an activist who possesses a PAYING TRIBUTE TO MAUREEN She represents 121,000 public workers in New strong desire to obtain the greatest good for CLARK York City, 50,000 of them retirees, 1,000 titles her community. and 56 locals. She is also Vice President of While living in Crown Heights where her son HON. JON C. PORTER the New York State AFL–CIO, Vice President was raised, she became active in the parent OF NEVADA of the NYC Central Labor Council and Sec- associations and often served as president. IN THE HOUSE OF REPRESENTATIVES retary of the Municipal Labor Committee. Her leadership was rewarded and she became Lillian became a union activist as a Nurse’s Monday, March 26, 2007 a member on the Executive Board of the city- Aide working in a Chicago hospital in the wide United Parents Association and later the Mr. PORTER. Madam Speaker, I rise today 1950s. She spearheaded the creation of five Board President. to honor and congratulate Mrs. Maureen Clark locals and led an organizing drive at four Chi- As a parent leader, Agnes gained a reputa- for being awarded National Board Certification cago hospitals. tion as an independent, outspoken voice for all in Career and Technical Education Commu- Lillian came to New York City, built DC 37’s children’s entitlement to a quality education nication Arts by the National Board for Profes- hospital division and became Associate Direc- and parents’ rights to participate in their edu- sional Teaching Standards. tor of DC 37. She distinguished herself by her cation. Because of her advocacy, she was Maureen is 1 of 2 educators at Foothill High skill as an organizer and her ability to connect asked by leaders of the CSD 17 Presidents’ School in Henderson, Nevada to become na- with rank-and-file members. She established Council to represent them in the race for a tionally certified. National Board Certification is the DC 37 Education fund, the largest union- seat on Community School Board 17. With the a process that requires 1 to 3 years of prepa- based adult education program in the country collective energy of parents and community ration and testing. Maureen completed an ex- that offers union members a four-year degree support, she was elected in 1983 and in every tensive portfolio of assignments, essays, and with the College of New Rochelle. This pro- Board election thereafter, until the New York videotapes as well as tests which assessed gram has become a model for unions nation- City School Board was dissolved in 2004. her knowledge of the individual subjects she wide. As a first term Board member, Agnes sur- teaches. Once obtaining National Board Cer- During the late 1970s and 1980s, Lillian prised many by becoming President of the tification, a teacher is given the highest honor brought into the union thousands of workers in CSB 17 and held other officer and committee of professional teaching excellence. Only 116 federally funded jobs. She found that experi- chair positions throughout her 17 years as an of more than 20,000 teachers in the Clark ence to be a blueprint for creating unionized elected school official. County School District, less than 1 percent, jobs for welfare recipients. She also developed She was appointed by Mayor Edward I. have earned this distinction. the DC 37 Municipal Employees Legal Serv- Koch to serve on the newly created AIDS Mrs. Clark has a long and distinguished ca- ices program, which provides legal services to panel for school-aged children in August 1985. reer as an educator. She received her Bach- members and the DC 37 Personal Services She was the first parent representative to elor’s Degree in Art Education from the Uni- Unit, which offers counseling to those with serve during one of the most contentious peri- versity of Minnesota, Minneapolis and a Mas- personal problems. ods in the City’s public school history. The ter’s in Art Education from Northern Arizona In 1981, Lillian became the first African- panel reviewed the medical status and family University. She is an 18-year veteran teacher, American woman named New York State history of children diagnosed HIV positive. teaching the last 7 years at Foothill High Commissioner of Labor. During her 6-year ten- The end of the School Board did not dimin- School. She currently teaches classes in Com- ure, she lead the 7,500 employee body to in- ish Agnes’ commitment to urging the improve- puter Graphics, Website Science, and Com- crease the annual job placement level by 5 ment of public school education. She is a puter Graphic and 3D Animation. It is said that percent, obtained federal approval of a state founding member of Black New Yorkers for Mrs. Clark’s classes are in high demand by plan for a Public Employees Occupational Educational Excellence, a citywide progressive Foothill students and her teaching approaches Safety and Health Program, and computerized organization whose mission is to actively work are described as innovative and exciting. After unemployment insurance offices and the Job for education as a means of liberation. school, Mrs. Clark is the adviser for SkillsUSA, Service program. Agnes, an honor student throughout public a club and national organization that prepares Lillian was first elected DC 37 Executive Di- school, was also Bushwick High School’s first students for college by training them in tech- rector in 2002 after serving as consultant to Black and first female to be elected President nical, skilled, and service occupations. Under the union she helped build. She was re-elect- of the Student Government Association. Her her advisement, SkillsUSA has competed and ed to a 3-year term in January of 2004. In college education began at Brooklyn College earned numerous state awards for its tech- January of 2007, Ms. Roberts was overwhelm- and formally ended at New York University nology innovations. Maureen has made a pro- ingly re-elected for her 3rd term. where she majored in Broadcast Journalism found difference in our community and we are Lillian currently leads the union where she and minored in English literature. most fortunate to have this leadership which had been a previous Associate Director and After attending NYU, Agnes was hired by positively impacts student achievement. consultant. In the 1960s and 1970s, she WCBS Newsradio 88 where she worked for 19 Madam Speaker, I am proud to honor played a major role in organizing new mem- years. She began as a News Desk Assistant Maureen Clark. Her efforts to improve the bers into DC 37 and establishing an array of

∑ 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 01:35 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\RECORD07\E26MR7.REC E26MR7 hmoore on PRODPC68 with CONG-REC-ONLINE E640 CONGRESSIONAL RECORD — Extensions of Remarks March 26, 2007 benefits that became the envy of the Nation’s address. If real progress on these benchmarks were extended to communities along the Gulf labor movement. is not made by July 1, 2007, then U.S. troop Coast. Free of this burden that has been un- With housing costs rising, Lillian approached redeployment will begin immediately and must fairly put upon them, our communities can Mayor Bloomberg with a proposal to give DC be completed within 180 days. continue their extensive rebuilding efforts. 37 members and municipal workers an afford- President Bush has been threatening to Our hurricane protection system, battered able way to meet the City’s requirement that veto this bill for weeks and I fully expect he by Hurricanes Katrina and Rita, is still not in they live in the 5 boroughs. The result is the will do so if it reaches his desk in its current the condition it was in before the storm. With innovative DC 37 Affordable Housing Pro- form. Regardless, the House is sending an im- hurricane season beginning again just a few gram. This program allows DC 37 members portant message to the President today by months from now, we cannot afford to leave and city workers preference for 5 percent of passing this legislation. In the weeks and the city unprotected for another year. The units in city-sponsored lotteries for affordable months ahead, I will continue to do everything money included in this bill for the Corps of En- homes and apartments, down payment grants I can to end this war. There may not have gineers ensures the safety of all citizens in the through the NYC Department of Housing Pres- been enough votes today to bring a faster end New Orleans area. The Corps should not be ervation and Development, and homebuyer to this war, but there were enough to establish forced to delay action on critical hurricane pro- training and education through Neighborhood a date certain for withdrawal. With today’s tection projects because they lack the nec- Housing Services. vote in the House we are closer than we have essary funding. We have already seen the Lillian’s leadership is rooted in the lessons ever been to ending this war. devastation that can be wrought by a hurri- she learned while growing up on welfare on f cane; it is crucial that the Corps have the re- Chicago’s South Side and fighting for better sources it needs to protect our city. working conditions as a Nurse’s Aide. Growing U.S. TROOP READINESS, VET- I also wish to highlight several other impor- up as 1 of 5 siblings in conditions of poverty, ERANS’ HEALTH, AND IRAQ AC- tant programs within this bill whose impor- she was instilled with a deep concern for the COUNTABILITY ACT, 2007 tance cannot be overstated. We face a hous- needy and a passion for fighting social injus- ing crisis in New Orleans, with public units SPEECH OF tices. drastically reduced in number, and no suitable Lillian has been a member of numerous HON. WILLIAM J. JEFFERSON plan for replacing such units in the short term. boards including: Board of Trustees of the OF LOUISIANA Eighty million dollars is provided in this bill for College of New Rochelle; the State University IN THE HOUSE OF REPRESENTATIVES HUD tenant rental assistance so that our citi- of New York, the National Equal Rights Com- Friday, March 23, 2007 zens can return home as soon as possible. mittee and the National Committee for Labor Our elementary education system is in dire Israel. Mr. JEFFERSON. Mr. Speaker, I rise today need of experienced teachers and administra- Madam Speaker, I would like to recognize in support of H.R. 1591, the U.S. Troop Readi- tors. Our colleges and universities were closed this labor activist. for all of her accomplish- ness, Veterans’ Health and Iraq Accountability for months, and sustained significant physical ments and her empathy for area workers. Act. damages. Sixty million dollars has been pro- Madam Speaker, I urge my colleagues to In order to have an open and honest debate vided in this bill, and represents another step join me in paying tribute to Lillian Roberts. on the war in Iraq, we must differentiate be- in the rejuvenation of our educational estab- f tween the situation that existed in Iraq when lishments. Additional funding for the Small we first arrived there, and the situation that ex- Business Administration’s disaster loan pro- U.S. TROOP READINESS, VET- ists today. No longer do we find ourselves fac- gram has been provided, and is sorely needed ERANS’ HEALTH, AND IRAQ AC- ing a united front, the clearly identifiable for future disasters. The slow pace at which COUNTABILITY ACT, 2007 enemy of insurgents and Saddam loyalists. such loans were administered in the imme- The current instability in Iraq has become a SPEECH OF diate months after Katrina was shameful, and sectarian civil war, a war in which we have no by supporting this bill we have committed to HON. MICHAEL E. CAPUANO business participating. We cannot use the pa- ensure that it never happens again. OF MASSACHUSETTS rameters of a war that have since changed. I urge my colleagues to support this supple- IN THE HOUSE OF REPRESENTATIVES We are not aiding the enemy in any way by mental appropriations bill, which provides ev- setting responsible, logical benchmarks, nor Friday, March 23, 2007 erything needed by our troops in Iraq, while are we ‘micromanaging’ our war effort. The sit- setting a course for our necessary disengage- Mr. CAPUANO. Mr. Speaker, I rise today to uation has changed, and so must the course ment. The people of this great country elo- share my thoughts on H.R. 1591: the U.S. we take. quently expressed their disapproval regarding Troop Readiness, Veterans’ Health and Iraq This bill gives us the framework needed to the course of this war in the November elec- Accountability Act of 2007. After a great deal focus our efforts on those who actually mean tions and, on their behalf, we should do no of reflection, I have decided to support this us harm, and extricate us from a situation in less than heed their wishes. legislation. With today’s vote, we are taking an which we are nothing more than a police f important step toward ending the war in Iraq force, caught in the middle of a sectarian con- and bringing our troops home. flict. By committing to a gradual plan of bench- PAYING TRIBUTE TO JOANN This legislation does not go far enough for marks and a firm date of withdrawal, we cre- STRAND me. I pushed for a vote on a course of action ate an environment in which the Iraqi people that would have gotten us out of Iraq much themselves become responsible for their fu- HON. JON C. PORTER sooner and stipulated that all funding go to- ture. No longer will they be reliant upon our OF NEVADA ward drawing down troops. The House Rules presence to establish their own nation. The IN THE HOUSE OF REPRESENTATIVES Committee did not allow a vote on this posi- United States will be an important ally of the tion, and even if they had, I know that there new Iraq, not an enforcer of the status quo in Monday, March 26, 2007 are not enough votes to support it. their nation. Mr. PORTER. Madam Speaker, I rise today Today’s vote was a very difficult one for me I am also pleased that this bill includes sev- to honor and congratulate Mrs. Joann Strand and I have been carefully weighing the impact eral measures to aid our communities along for being awarded National Board Certification of this legislation for weeks. In the final anal- the Gulf Coast. Waiving the local match re- in Adolescence and Young Adulthood Sec- ysis, I decided that H.R. 1591 carried enough quirements and forgiving Community Disaster ondary Language Arts by the National Board practical and symbolic weight that if it needed Loans will help the city of New Orleans re- for Professional Teaching Standards. my vote to pass the House, then I should sup- cover financially from the effects of Katrina. Joann is 1 of 2 educators at Foothill High port it. These financial troubles have since been com- School in Henderson, Nevada to become na- For me, the most important component of pounded by the Administration’s stubborn re- tionally certified. National Board Certification is this legislation is that it stipulates the with- fusal to treat our disaster, the worst the Nation a process that requires 1 to 3 years of prepa- drawal of troops must begin no later than has ever seen, the same way that all others ration and testing. Mrs. Strand completed an March 1, 2008 and be completed within 180 have been treated. For all previous localities extensive portfolio of assignments, essays, days. It also establishes specific benchmarks receiving Community Disaster Loans, ranging and videotapes as well as tests which as- that the Iraqi government must meet, bench- from Hurricane Andrew to 9/11, 97 percent sessed her knowledge of the individual sub- marks that mirror the criteria President Bush have been forgiven. This bill would take the jects she teaches. Once obtaining National himself set forth in his 2007 State of the Union long overdue step of forgiving the loans that Board Certification, a teacher is given the

VerDate Aug 31 2005 01:35 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\RECORD07\E26MR7.REC E26MR7 hmoore on PRODPC68 with CONG-REC-ONLINE CONGRESSIONAL RECORD — Extensions of Remarks E641 highest honor of professional teaching excel- driving force when faced with opposition and movement that informed the formation of the lence. Only 116 of more than 20,000 teachers adversity. Tedious daily functions of operating NeighborWorks network. in the Clark County School District, less than a business, she makes time to give to her My congratulations and respect go out to 1 percent, have earned this distinction. community as a facilitator of public functions, Mr. Wise on his lifetime of work and commit- Mrs. Strand has a long and distinguished contributing donations, fundraising for the wel- ment to earn this award. career as an educator beginning with a Bach- fare of child care. Ms. Brown, in conjunction elor’s Degree from Bemidji State University with public officials and local affiliates, has do- f and a Master’s Degree in Secondary Lan- nated toys to the Young Minds Daycare Cen- guage Arts from the University of Nevada, Las ter for the 2005 holiday season. Her personal HONORING THE CAREER OF Vegas. She has been an employee of the choice for donations in 2006 was Family Life DENNIS GJERDINGEN Clark County School District for 19 years and Foster Care. has spent the past 8 years at Foothill High Ms. Brown has others to thank in estab- School as a member of the English Depart- lishing herself, such as family, friends, and as- HON. RICHARD E. NEAL ment. Mrs. Strand is also a co-creator with a sociates, but likes to acknowledge that her Ex- fellow teacher of Young Entrepreneur Serv- ecutive Vice-President Edwin Santiago is a OF MASSACHUSETTS ices, Inc., YES, Inc., is a unique company key component in the developmental operation IN THE HOUSE OF REPRESENTATIVES classroom which has been recognized of rapid growth of this organization; she also throughout the district for its unique approach takes pride in acknowledging that her employ- Monday, March 26, 2007 to instructing students. This class applies real ees are the backbone of S&B Cleaning Serv- world business work situations with the neces- ices, Inc. There is much more you can expect Mr. NEAL of Massachusetts. Madam Speak- sities of an English class. Mrs. Strand is to see that Ms. Brown has yet to reveal. Just er, today I wish to recognize and honor a known by her colleagues as a tireless worker like her company motto ‘‘There’s not much we dedicated and innovative educator, Mr. Dennis who is both inspiring and relentless in her pur- don’t do.’’ Gjerdingen, upon his retirement after 26 years suit of excellence. Joann has made a pro- Madam Speaker, I would like to recognize as principal of the Clarke School for the Deaf found difference in our community and we are Ms. Aurora Brown for her accomplishments in in Northampton, Massachusetts. most fortunate to have this leadership which business. Dennis became interested in childhood positively impacts student achievement. Madam Speaker, I urge my colleagues to deafness when, in 1964, he learned that his Madam Speaker, I am proud to honor Joann join me in paying tribute to Ms. Aurora Brown. newborn son was deaf. He trained as a teach- Strand. Her efforts to improve the educational f er of social studies and English at Minnesota experiences of the student at Foothill High State University, received his masters in HONORING ANDREW WISE School are commendable. I congratulate her Speech and Hearing at Washington University on her much deserved recognition and I wish in St. Louis and did post-masters work there her continued success. HON. CORRINE BROWN in Educational Administration. He spent 14 f OF FLORIDA years at Central Institute for the Deaf in St. IN THE HOUSE OF REPRESENTATIVES A TRIBUTE TO MS. AURORA Louis, as a classroom teacher, researcher, as- BROWN Monday, March 26, 2007 sociate professor, assistant to the director and as headmaster, before coming to Clarke Ms. CORRINE BROWN of Florida. Madam School for the Deaf in 1981. He is the 6th Speaker, I rise today to honor Mr. Andrew HON. EDOLPHUS TOWNS president in Clarke’s 140-year history. OF NEW YORK Wise of the Neighborhood Housing & Devel- Clarke School is an international leader in IN THE HOUSE OF REPRESENTATIVES opment Corporation in Gainesville, Florida. On Tuesday, March 20, 2007, Andrew Wise teaching listening, speech, language and aca- Monday, March 26, 2007 was honored with the Dorothy Richardson demic skills to deaf children and assisting fam- Mr. TOWNS. Madam Speaker, I rise today Awards for Resident Leadership from ilies and training professionals to work with to pay tribute to Brooklyn resident Aurora NeighborWorks America. them. During his tenure, Mr. Gjerdingen has Brown. Ms. Brown is a native New Yorker and Mr. Wise combined his passion for Neigh- reorganized the Clarke School and its struc- a third generation West Indian who sites edu- borhood Housing & Development Corporation ture to position Clarke for a rapidly changing cation as the strength of her lineage. The (NHDC) and his networking skills to recruit a future. He designed and administered new Amsted’s (family name) were the first black remarkable stream of community, business Clarke programs, including the creation of the school teachers in Virginia. Ms. Brown taught and educational leaders who have become ac- Center for Oral Education on the Northampton scholastic and college preparatory classes to tive in the NHDC organization. NHDC is a campus that helps people of all ages with youth for employment opportunities. Her stu- non-profit homeownership center that has hearing loss. In the last 10 years, Mr. dents have successfully gone on to colleges been in existence since 1982. The organiza- Gjerdingen spearheaded a strategic plan to and universities such as Morehouse, Spelman tion’s goal is to promote and provide decent expand Clarke to 5 campuses with 4 new and Hampton through her mentoring. and affordable housing for low-to-moderate in- schools for young children in Boston, MA, As the Chief Executive Officer and Co- come residents of North Central Florida. Jacksonville, FL, New York City, and Philadel- Founder of S&B Cleaning Services, Inc., Ms. Mr. Wise has been an eloquent NHDC am- phia, PA. Clarke School for the Deaf now im- Brown’s mission to incorporate was derived bassador to the many church, community and pacts the lives of more than 10,000 children from previous experiences of managing sev- civic organizations to which he belongs. Within and adults annually through its educational eral janitorial companies and being employed NHDC, his board tenure and experience have programs, research, curriculum development by federal affiliates including 26 Federal Plaza, made him the go-to person for new board and professional training. New York, New York. members—especially community residents—in The author of more than 30 articles in pro- Ms. Brown received The Council City of understanding the array of NHDC programs fessional journals, Mr. Gjerdingen is widely New York Proclamation Award in December of and their many and varied funding sources. 2005 and the Partner in Education Award from He has been invaluable in helping new mem- recognized as an expert in the field. In 1987 the Occupational Training Center of New York bers move past this steep learning curve by he was appointed by Congress to the Com- in June of 2004. Known for her generosity and getting them to focus on the mission of the or- mission on the Education of the Deaf that re- fairness when dealing with clients and employ- ganization and how its board and staff are so ported directly to Congress and the President. ees, she makes it her business to oversee instrumental in transforming lives and uplifting During this appointment, he helped author a personally the human resources development the community. report from which major legislation was adopt- of employing disadvantaged and handicapped Created in 1991, the Dorothy Richardson ed. He has also served as president of the individuals. Awards for Resident Leadership celebrate the International Alexander Graham Bell Associa- Ms. Brown’s work ethic serves as encour- outstanding contributions of dedicated commu- tion. agement for women to venture out and be- nity leaders across the United States. Each It is my great privilege to honor Mr. come business owners. She states, ‘‘through year, the NeighborWorks network honors resi- Gjerdingen for his commitment to providing long hours, trials, and tribulations, moments dents who exemplify the qualities of Dorothy greater educational opportunities for deaf chil- were grueling, but definitely worth the effort.’’ Richardson, a Pittsburgh activist who helped dren and their families and professionals She also admits the company motto was her advance the community-based development around the country.

VerDate Aug 31 2005 01:35 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\RECORD07\E26MR7.REC E26MR7 hmoore on PRODPC68 with CONG-REC-ONLINE E642 CONGRESSIONAL RECORD — Extensions of Remarks March 26, 2007 PAYING TRIBUTE TO THE Besides working as a healthcare provider, chemicals like DDT and benefited not only the SCHWARTZ FAMILY Melinda has been a prolific community activist worker but the consumer as well. and commonly known for her spirit of coopera- When Cesar Chavez died in 1993, over HON. JON C. PORTER tion and punctuality. Twenty-five years ago, 40,000 people attended his funeral. In a show OF NEVADA she became a member of ‘‘The Diggers.’’ This of respect for the man who had changed so IN THE HOUSE OF REPRESENTATIVES is an organization led by Mr. Roman Foster many lives, our nation posthumously awarded who researched historical facts on the building him the Presidential Medal of Freedom. Monday, March 26, 2007 and construction of the Panama Canal. This Madam Speaker, Flint, Michigan was the Mr. PORTER. Madam Speaker, I rise today research resulted in the production of a docu- first community in our nation to honor this to honor the Schwartz family for their philan- mentary which provided narratives and anec- great humanitarian by naming a street after thropic efforts in the Jewish Community of Las dotes with the contributions of West Indians Cesar Chavez. I ask the House of Represent- Vegas and for their many contributions to pro- and the Caribbean works in Panama during atives to join me in honoring the memory of vide the Las Vegas Valley with a new commu- the Canal’s construction. Cesar Chavez and his legacy to the American nity center and synagogue. Melinda James-DelRosario was also a people. The Schwartz family, principals of Great member of the Madison Democratic Club; the f American Capital, a real estate development former Secretary of the Panamanian Nurses U.S. TROOP READINESS, VET- company found in Las Vegas, have been lead- Association and the Caribbean Nurses Asso- ERANS’ HEALTH AND IRAQ AC- ers in the development, acquisition, operation ciation; Travel Coordinator with MIPOPA COUNTABILITY ACT, 2007 and management of high quality commercial which is an organization group headed by Dr. and residential real estate projects in Nevada Carlos E. Russell which advocates the rights SPEECH OF and Southern California. As a result of their of Panamanians to vote abroad. She is a civic generosity, the construction of the Beit member of Panama Vote 2004, an organiza- HON. SUSAN A. DAVIS Allon Chabad of Summerlin Community Cen- tion led by Dr. George Priestly, which raised OF CALIFORNIA ter and Synagogue was completed and funds to support the candidacy of President IN THE HOUSE OF REPRESENTATIVES opened in April of 2006. This facility has Martin Torrijos and Probisida, an organization Friday, March 23, 2007 emerged as one of the most magnificent syna- dedicated to providing assistance to HIV posi- Mrs. DAVIS of California. Mr. Speaker, I rise gogues in Las Vegas and includes the finest, tive patients. today in support of H.R. 1591. up-to-date facilities for education, socializing, Melinda is also a civic minded, community On May 1, 2003, on the U.S.S. Abraham and catering affairs. For their humanitarian ef- oriented individual who embraces the concept Lincoln off the coast of San Diego, President forts and community service the Schwartz of caring and sharing in issues affecting those Bush announced to the American public and family is being recognized as inaugural recipi- who have been disenfranchised. the world that the mission in Iraq had been ac- ents of the Chabad of Summerlin Founder’s Madam Speaker, I would like to recognize complished. Award. Melinda James-DelRosario for her good works Now, nearly 4 years later, our military is still Madam Speaker, I am proud to honor the and accomplishments in our community. deeply involved in Iraq—with no end in sight. Schwartz family. Their commitment to the Madam Speaker, I urge my colleagues to This spending measure puts pressure on Jewish Community is commendable and I con- join me in paying tribute to Melinda James- the Iraqi government to follow through on their gratulate them on their much deserved rec- DelRosario. political and security promises and ensures ognition. I thank them for their dedication and f that our government will take the necessary loyalty and wish them the best in their future steps to scale down our military involvement in endeavors. TRIBUTE TO THE FIRST ANNUAL CESAR CHAVEZ MARCH Iraq. f In fact, it actually gives the Iraqis the lever- age they need to push the agenda beyond a A TRIBUTE TO MELINDA JAMES- HON. DALE E. KILDEE military solution. DELROSARIO, RN, BSN OF MICHIGAN This legislation may not be the preferred IN THE HOUSE OF REPRESENTATIVES way to end this conflict, but not one good HON. EDOLPHUS TOWNS Monday, March 26, 2007 choice remains. OF NEW YORK Up until now, Congress has been AWOL in IN THE HOUSE OF REPRESENTATIVES Mr. KILDEE. Madam Speaker, I rise today its oversight responsibility. As a result, our to recognize the 20th anniversary of the nam- Monday, March 26, 2007 military readiness has suffered. ing of Chavez Drive and the first annual Cesar Without this legislation, the readiness and Mr. TOWNS. Madam Speaker, I rise today Chavez March in my hometown of Flint, Michi- strength of United States military will continue to pay tribute to Brooklyn, New York resident gan. A celebration and fundraiser for the to degrade. Melinda DelRosario. Melinda DelRosario was United Farm Workers members will be held on As a member of the House Armed Services born in Panama City in the Republic of Pan- March 31st to coincide with what would have Committee, I cannot sit idly by and watch our ama. She attended the Instituto Nacional in been the late Cesar Chavez’s 80th birthday. Army and our National Guard be stretched to the Republic of Panama and became the Born on a family farm, March 31, 1927, the brink. youngest member of the senior choir and Cesar Chavez witnessed firsthand the suf- Nor can we tolerate the strategic risk posed usher ministry at Rio Abajo Methodist Church. fering of migrant workers. When the family lost by devoting so much of our military’s time, Upon migrating to the U.S. Ms. DelRosario at- the farm during the Great Depression, Cesar training and equipment to the conflict in Iraq. tended Eramus High School in Brooklyn, New toiled in the fields following crops across the Mr. Speaker, without this legislation, the ad- York. In pursuit of a nursing career she Southwest. After serving in the US Navy dur- ministration will not be held accountable to earned a BSN Degree at St. Joseph College ing World War II he returned to farm work and achieve progress and success. in Brooklyn, New York graduating with Phi began his lifelong commitment to justice for Now is the time to exert oversight of this Beta Kappa honors. migrant workers. conflict and make the difficult, but necessary Upon graduation from St. Joseph College, During the 1960s Cesar Chavez, in reaction choice of establishing requirements and ex- she assumed various administrative positions to the conditions he witnessed in the fields, pectations. in home care and hospitals, among them; became a union activist. Adopting the tech- From the deck of the U.S.S. Lincoln Presi- Kings Brook Jewish Medical Center as an Ad- niques of industrial unions like the UAW, dent Bush said, ‘‘Other nations in history have ministrative Supervisor/Administrator on duty. Cesar fought against agribusiness and unfair fought in foreign lands and remained to oc- Currently, Melinda oversees the Nurse Con- laws that forbade farm workers from orga- cupy and exploit. Americans, following a bat- nection Program with Village Care of New nizing. A nationwide boycott of table grapes tle, want nothing more than to return home.’’ York in conjunction with Roche Pharma- and a 25-day hunger strike brought the United Mr. Speaker, Americans have bravely fought ceutical Company. Ms. DelRosario is an HIV Farm Workers international attention. His lead- for 4 years to protect the United States and Nurse and consultant. She also instructs doc- ership and personal commitment forced agri- bring hope to the people of Iraq. For the sake tors and nurses in the administration of fuzeon business to sign the first union contract with of our military readiness, international credi- therapy for HIV positive patients. In addition, the United Farm Workers. He labored to im- bility and safety of Americans in harm’s way in Melinda provides in home instruction to pa- prove the health and safety of the workers. He Iraq, it is time to make plans to bring them tients and counseling to families. fought successfully to end the use of harmful home.

VerDate Aug 31 2005 01:35 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\RECORD07\E26MR7.REC E26MR7 hmoore on PRODPC68 with CONG-REC-ONLINE CONGRESSIONAL RECORD — Extensions of Remarks E643 I urge my colleagues on both sides of the ward, she changed direction. Joyce has sur- the waiting lists that currently exist, and to pro- aisle to take a hard look at where we are vived various forms of mental and physical pose significant cuts to Community Develop- today in Iraq, and vote for legislation that will abuses which include rape, attempted suicide, ment Block Grants. provide the funding our troops badly need and depression and a 25-year heroin addiction. In We need a comprehensive solution to af- accountability for success and results in Iraq. 1995, Joyce tested positive for HIV and was fordable housing needs—both in the Gulf f later diagnosed with AIDS. Coast Region and across the country. I Despite her diagnosis, Joyce continued to strongly support the Gulf Coast Hurricane Re- PAYING TRIBUTE TO FRANK J. share her life’s story and artistic talents with covery Act, and will support efforts to increase FERTITTA AND LORENZO J. the world. access to safe affordable housing for all Amer- FERTITTA Without any formal art training, Joyce icans. McDonald is currently a world renowned artist. f HON. JON C. PORTER Her work has been exhibited in galleries, OF NEVADA schools, universities, shelters, nursing homes PAYING TRIBUTE TO THE INY IN THE HOUSE OF REPRESENTATIVES and hospitals. Her testimony and art has been FAMILY Monday, March 26, 2007 shared throughout the country via the media. Joyce has received numerous awards, in- Mr. PORTER. Madam Speaker, I rise today HON. JON C. PORTER cluding: the 2002 Martin Luther King, Jr. Serv- OF NEVADA to honor my good friends Frank J. Fertitta, ice Award, the 2003 Church of the Open Door Chairman of the Board and C.E.O. of Station IN THE HOUSE OF REPRESENTATIVES Woman of the Year Award, the 2004 Isler’s Casino and Lorenzo J. Fertitta, Vice Chairman Monday, March 26, 2007 Award from the Women’s Empowerment of the Board and President of Station Casino Movement, and the 2004 Governor’s Citation Mr. PORTER. Madam Speaker, I rise today as well as the entire Fertitta family. to honor the Iny Family for their numerous Through the consistent efforts of Frank and from Maryland. In 2005, Joyce was one of contributions to the Jewish Community of Las Lorenzo Fertitta, Station Casino was recently nine Magnificent Women of Brooklyn honored Vegas and for their many contributions to pro- recognized by Fortune magazine as one of the by Senator Velmanette Montgomery and re- vide the Las Vegas Valley with a new commu- top 100 companies to work for nationwide. ceived a citation from the New York Assembly. nity center and synagogue. The management of Station Casino, which She has also received the Dr. Martin Luther King Award from Emmanuel Baptist Church. The Iny Family, principals of Great Amer- has received this recognition for 3 consecutive ican Capital, a real estate development com- years, has enacted several policies aimed at Joyce McDonald’s talents include being an artist, sculptress, designer, writer, singer, poet pany found in Las Vegas, have been leaders bettering the quality of life for its team mem- in the development, acquisition, operation and bers. One such program, initiated by Frank and motivational speaker. These are talents she attributes to her family, including her Dad management of high quality commercial and and Lorenzo, provides team members with as- residential real estate projects in Nevada and sistance becoming homeowners. Another pro- who is now deceased, her Mother, her two married daughters and their spouses and her Southern California. As a result of their civic gram offers assistance to team members generosity, the construction of the Beit Allon seeking to become U.S. Citizens; this program six grandchildren. Madam Speaker, I would like to recognize Chabad of Summerlin Community Center and offers assistance such as citizenship applica- Synagogue was completed and opened in tion classes, study material for the citizenship the impressive achievements of this extraor- dinary individual, who through her own pain April of 2006. This facility has emerged as one examination, and payroll advances for citizen- of the most magnificent synagogues in Las ship application. As a result of this program, in found it within herself to help others. Madam Speaker, I urge my colleagues to Vegas and includes the finest, up-to-date fa- 2006, 28 Station team members gained U.S. cilities for education, socializing, and catering citizenship and currently 260 more team mem- join me in paying tribute to this wonderful per- son and her creative works. affairs. For their humanitarian efforts and com- bers are attending citizenship classes. munity service, the Iny Family is being recog- In addition to implementing programs to en- f nized as inaugural recipients of the Chabad of hance certain aspects of their employees’ GULF COAST HURRICANE HOUSING Summerlin Founder’s Award. lives, Frank and Lorenzo Fertitta have cul- RECOVERY ACT OF 2007 Madam Speaker, I am proud to honor the tivated a working environment founded upon Iny Family. Their commitment to the Jewish ideals of camaraderie, respect and fairness. SPEECH OF Madam Speaker, I am proud to honor my Community is commendable and I congratu- good friends Frank Fertitta, Lorenzo Fertitta HON. BETTY McCOLLUM late them on their much deserved recognition. I thank them for their dedication and loyalty and the entire Fertitta family. Their dedication OF MINNESOTA and wish them the best in their future endeav- to their employees is commendable and I wish IN THE HOUSE OF REPRESENTATIVES ors. them continued success in their future en- Tuesday, March 20, 2007 deavors. f The House in Committee of the Whole f House on the State of the Union had under A TRIBUTE TO EUGENIA ‘‘GENIE’’ A TRIBUTE TO JOYCE McDONALD consideration the bill (H.R. 1227) to assist in SWINSON the provision of affordable housing to low-in- HON. EDOLPHUS TOWNS come families affected by Hurricane Katrina: HON. EDOLPHUS TOWNS Ms. MCCOLLUM of Minnesota. Mr. Chair- OF NEW YORK OF NEW YORK man, I rise to speak on the amendment of- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES fered by Mrs. BIGGERT. The region affected by Monday, March 26, 2007 Hurricane Katrina could use additional afford- Monday, March 26, 2007 Mr. TOWNS. I rise today to pay tribute to able housing units beyond those occupied at Mr. TOWNS. Madam Speaker, I rise today Brooklyn resident Joyce McDonald. Joyce the time of the hurricane. However, this is a to pay tribute to Ms. Eugenia Elizabeth McDonald was born to parents Willie and Flor- problem that exists for many communities Swinson. Eugenia Swinson, or ‘‘Genie,’’ was ence McDonald and raised in Brooklyn’s Far- across the country and should be addressed born in Savannah, GA, to Eugene and Carrie ragut Houses. Joyce is the third eldest of in a comprehensive manner by adequately Swinson. She was raised on Long Island’s seven children. She was reared in a house- funding the Department of Housing and Urban South Shore Bay in New York. Genie and her hold where unconditional love was practiced Development. 9 siblings are products of the Bay Shore Pub- and family values were instilled. In the 4th Congressional District of Min- lic School District. After graduation, all of them Joyce attended P.S. 287, Sands JHS 265 nesota, the average wait time for public hous- attended college. Genie decided upon C.W. as well as Fashion Industry High School. Her ing is over 5 years, and most waiting lists are Post College with a major of vocal music. love and compassion for people led her to be- closed. There is a deficit of 12,635 affordable During her studies at Post, she toured Eu- come a volunteer at Cumberland Hospital as housing units for very low-income families. It is rope her freshman year with the Chamber and a Junior Nurse’s Aide at 16-years-old for the a serious problem when too many families do Madrigal Ensembles. Upon returning from the terminally ill. Joyce’s teenaged years were not not have safe, stable housing. tour, she decided to move to California to always so hopeful. The Administration’s response to this prob- launch a professional singing career. This During her teen years into adulthood, Joyce lem was to flat fund the Section 8 program, turned out be a wise decision because once made many bad choices. Thirty years after- ensuring that our communities cannot address there she had an opportunity to work with

VerDate Aug 31 2005 01:35 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\RECORD07\E26MR7.REC E26MR7 hmoore on PRODPC68 with CONG-REC-ONLINE E644 CONGRESSIONAL RECORD — Extensions of Remarks March 26, 2007 Quincy Jones on the Brothers Johnson debut TRIBUTE TO 2007 JOHNSON COUN- Stack, Olathe Northwest; Alexandria album as well as tour with Boz Scaggs under TY MOVERS AND SHAKERS Szalawiga, Olathe South High School; Nicole the stage name of ‘‘Pepper Swinson.’’ There AWARD WINNERS Tepper, Mill Valley High School; Irene Wang, Olathe North; Danielle Weathers, Mill would be many more bands that would come Valley; Marin Willis, Spring Hill Middle; Jes- her way. HON. DENNIS MOORE sica Wilson, Spring Hill High School; Alexis She returned to New York due to illness, OF KANSAS Young, Chisholm Trail Junior High; and however, after recuperating, she moved to IN THE HOUSE OF REPRESENTATIVES Jenny Zhong, Blue Valley Northwest. Israel to sing. After working in the Givatiem Monday, March 26, 2007 f and Tel Aviv, Israel, she once again returned Mr. MOORE of Kansas. Madam Speaker, I A TRIBUTE TO DEBORAH BATTLE to New York, this time with a new skill. She rise today to note an important event in the POINTER had mastered the Hebrew language. Almost Third Congressional District of Kansas. On immediately after arriving in the United States, April 10, 2007, the Volunteer Center of John- HON. EDOLPHUS TOWNS son County in Overland Park, KS, will honor Genie’s health took a turn for the worse. She OF NEW YORK outstanding youth volunteers. Eighty young began a battle with end stage renal disease, IN THE HOUSE OF REPRESENTATIVES due to Systemic Lupus Erythmatosis. This people have been nominated by school per- Monday, March 26, 2007 would mean 7 years of dialysis before a suc- sonnel and nonprofit organizations for their cessful kidney transplant at Beth Israel Hos- dedication and service to the community. Mr. TOWNS. Madam Speaker, I rise today pital in Boston, Massachusetts. Youth volunteerism continues to grow and be to pay tribute to Brooklyn resident Deborah a strong force in Johnson County. These 80 Battle Pointer. Deborah Battle Pointer is a true While in New York, Genie decided to return youth exemplify the true meaning of vol- child of the Diaspora with Carolinian, Jamai- to C.W. Post College to earn her under- unteerism and giving back to their community, can and Black Foot Indian roots. She was graduate degree in modern languages with a and it is my honor to recognize each student born and raised in Connecticut and received a minor in music. She studied Spanish, Hebrew volunteer and his/her school. Bachelor of Science Degree in Psychology and Arabic. After the transplant, Genie landed Alexander Abramovitz, Shawnee Mission from SUNY Cortland and a Master’s Degree in a job with the New York City Board of Edu- North; Molly Allison-Gallimore, Education from Cambridge College. The Homeschool; Sydney Ayers, Barstow; Ava cation as a teacher of Spanish. She received issues of access and equality for all have her masters degree in multicultural education Azad, Blue Valley; Lisa Barry, Olathe South; Lindsay Beardall, Shawnee Mission South; been important cornerstones in her academic from the College of Mount Saint Vincent in Alexandria Bieber, Mill Valley; Abbey Blick, career. For the past 30 years, she has worked Bronx, New York. She is currently a teacher at Shawnee Mission East; Ashley Boots, Olathe in higher education, and served her commu- a Theatre Arts School in the Bronx and also Northwest; Sarah Briggs, Trailridge Middle; nity as a volunteer while maintaining her in- gives private voice lessons in her home. Kristina Buchanan, Trailridge Middle volvement in the creative arts. Genie actively continues her studies in lan- School; Kim Burnell, Olathe North; Amy Deborah was the first Associate Dean of guages. Italian and Portuguese are her current Byarlay, Olathe South; Sarah Campbell, Admissions and Financial Aid at Cornell Uni- passions. ‘‘It’s my favorite pastime.’’ Blue Valley North; Kelsey Charles, Blue Val- ley West; Jenna Christensen, Shawnee Mis- versity, the first black woman to hold the posi- Not long after her transplant, she was ap- sion North; Becca Doran, Shawnee Mission tion of Director of Admissions at Columbia proached by a representative from the New West; Katherine Ebling, Blue Valley; and University’s School of Engineering and former York Organ Donor Network and became a vol- Marissa Erickson, Olathe South. Director of Financial Aid at both Columbia Col- Evan Gage, Blue Valley Northwest; Jen- lege and SUNY Downstate Medical Center. unteer spokesperson for that organization. nifer Garren, Shawnee Mission West; Kath- She appeared at several speaking and singing While residing in Ithaca, New York, she was ryn Garrett, Shawnee Mission West; Kevin elected to the Ithaca School Board where she engagements on behalf of the Network. At Garrett, Shawnee Mission West; Michael served two terms. several events she sang ‘‘Another Chance to Garrett, Westridge Middle; Lindsey Gerber, Ms. Pointer is a co-founder and Co-Execu- Give’’ (La Vispera de Vida) in both English Olathe North; Jean Gianakon, Shawnee Mis- tive Producer of ‘‘Russell Simmons Presents and Spanish in an effort to bring awareness to sion North; Allison Golub, Blue Valley West; Def Poetry,’’ a television series shown on the the need for organ and tissue donors. Kaley Hagemann, Olathe East; Jessica Hebenstreit, Pembroke Hill; Tess Hedrick, Home Box Office cable network. She was also It was her position as the official spokes- Shawnee Mission East; Logan Heley, Antioch an Executive Consultant to the Broadway hit person for the Network that led her to an op- Middle School; Lauren Hiatt, Olathe North; show, Def Poetry. The television series aired portunity to sing the national anthem before Spencer Hill, Shawnee Mission Northwest; for the first time in December of 2001 and games at both Yankee Stadium and Madison Jing Jian, Olathe North; Janelle Johnston, continues to be a hit on HBO today. Deborah Shawnee Mission West; Michele Kerns, Blue Square Garden for both professional teams. Valley West; Rachel Knapp, Westridge Mid- and other Executive Producers of Def Poetry Today, Genie remains a strong advocate of dle; and Jessica Kruger, Olathe North. were recognized with a Peabody Award for organ and tissue transplantation. Hailey Lapin, Blue Valley Northwest; K. Excellence in Television for the HBO program Genie has modeled for Mode Magazine and Clemence Lawson, Olathe Northwest; Jake and received a Tony Award for the Broadway Ludemann, Shawnee Mission North; Sarah continues to sing for Wilson Pickett’s back up production in 2003. Martin, Shawnee Mission West; Magdalena In October of 2001, under the company band, The Midnight Movers. Accompanied by May, Olathe North; Kaela McWherter, Blue name Bone Bristle Entertainment LLC, Debo- jazz pianist Dr. Billy Taylor, she recently sang Valley North; Courtney Miller, Blue Valley rah and her business partners created a po- at a gala given by the Jazz Foundation of West; Rebecca Miller, Olathe North; Jovana Mirabile, St. Thomas Aquinas; Peri Mont- etry anthology published by Random House, America which honored its co-founder Ann ‘‘Bum Rush the Page.’’ The anthology features Ruckert. gomery, Shawnee Mission West; Megan Moomau, Olathe North; Alyssa Morrison, works of 200 poets and has sold more than ‘‘I am a collector of people,’’ said Genie. ‘‘I Mill Valley High School; Stephanie Nemer, 15,000 copies. She has recently published a have the same friends today that I had in the Spring Hill High School; Evan Neuman, children’s picture book, ‘‘I Am Hip-Hop’’ second grade. Naturally, I’ve added on to that Trailridge Middle; Alexandra Olsen, Prairie through her non-profit organization Healium distinctive group, but those friends are still an Trail Junior High; Sam Parkinson; Sweta Inc. founded by Deborah Pointer and Ronald Patel, Olathe North; Meredith Pavicic, St. Grant. Healium Inc. is dedicated to the efforts important part of my life. I like to spend time, Teresa’s Academy; and Lauren Peterson, reading, studying languages and spoiling my Shawnee Mission Northwest. of ending child abuse. nieces, nephews and God’s children. I’m hon- Angela Podoll, Westridge Middle; Courtney Deborah is currently a consultant to the ored to be a part of this distinctive group,’’ Rathke, Olathe North; Kaytlin Renfro, Chairman of the Department of Pediatrics at added Genie. Shawnee Mission East; Bryce Reynolds, the Children’s Hospital at Downstate where Olathe Northwest; Kyle Reynolds, Olathe she is involved in development and community Madam Speaker, I would like to honor Northwest; Cassie Rhodes, Spring Hill High outreach. She is also one of a few African- Genie for sharing her beautiful talents with the School; Kaitlyn Rittgers, Olathe Northwest; American Christmas and Kwanzaa ornament rest of us. Through all of her adversity she Alex Rorie, Mission Valley; Beth Russell, designers and was featured as an Editor’s continued to grace us with her gift of song. Olathe Northwest; Michael Shoykhet, Olathe North; Devin Smith, Olathe North; Elaina Choice in ‘‘Decorative Gifts and Accessories’’ Madam Speaker, I urge my colleagues to Smith, Prairie Trail Junior High; Haylee magazine. join me in paying tribute to Eugenia ‘‘Genie’’ Solcum, Trailridge Middle School; Peter Ms. Pointer has authored several magazine Swinson. Spitsnogle, Shawnee Mission East; Jessica articles on financing and college education

VerDate Aug 31 2005 01:35 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\RECORD07\E26MR7.REC E26MR7 hmoore on PRODPC68 with CONG-REC-ONLINE CONGRESSIONAL RECORD — Extensions of Remarks E645 and has worked on a series of videotapes on A TRIBUTE TO CLAUDETTE fairs Medical Center (VAMC) located in Hun- financial aid for students. The videotapes aired AUDIGE tington, West Virginia. I am so proud to report on Public Broadcasting Stations in the New that the Huntington VAMC was named the York tri-state area. For many years she was a HON. EDOLPHUS TOWNS ‘‘Best Performing Facility’’ for 2006. consultant to ESPN on selecting the High OF NEW YORK This is a well deserved honor for the dedi- School Athlete of the Year. Deborah is cur- IN THE HOUSE OF REPRESENTATIVES cated employees of the Huntington VAMC rently a member of the Brooklyn Borough Monday, March 26, 2007 who work so hard to ensure that our Nation’s President’s Task Force on BCAT, President of veterans receive the quality they deserve. This the Rutland Road Block Association and a Mr. TOWNS. Madam Speaker, I rise today honor is even greater considering this is not member of numerous other organizations. to pay tribute to Brooklyn, New York resident, the first time the Huntington VAMC has been Madam Speaker, I would like to recognize Ms. Claudette Audige. Claudette Audige was singled out for its high quality care. Just two the impressive achievements of Deborah Bat- born on December 7, 1962, in Kingston, Ja- years ago, this center received similar recogni- tle Pointer and her commitment to the children maica. She has been a resident of New York tion from the VA. of Brooklyn, New York. I also want to thank for more than 21 years. Ms. Audige is the wife It is wonderful to know that the veterans Ms. Pointer for sharing her gifts with the rest of Andre Audige and the mother of 3 beautiful who call West Virginia home have such a top- of us. children, Chase, Chad and Jodie. notch medical facility to provide care. As we Madam Speaker, I urge my colleagues to Claudette Audige has been an experienced all recognize, our veterans are our heroes and join me in paying tribute to this wonderful and loan consultant for more than 20 years. She is these heroes deserve only the best care avail- talented woman. noted for her wisdom and compassion for en- able. f couraging home ownership. She has inspired It is important that we remember our vet- and helped many people to save their homes erans have given so much to the future of our MOURNING THE LOSS OF DAVID as well as purchase a home. BROWN country and have asked for so little in return. Most of Mrs. Audige’s extensive community Our veterans, as our soldiers today, remain involvement has been with young people. She foremost in the thoughts and prayers of all HON. JOE WILSON was a counselor at Good Samaritan Church, West Virginians. OF SOUTH CAROLINA in the Bronx, and St. Michaels, in Sheldon, I am honored that the Huntington VAMC is IN THE HOUSE OF REPRESENTATIVES New York. Her community activities include in my district. I hope that this entire body will Monday, March 26, 2007 participation in the McDonald’s sing along con- take a minute to congratulate the hard-working cert series, a drug awareness campaign, and Mr. WILSON of South Carolina. Madam men and women of the Huntington VAMC and the neighborhood gang violence awareness Speaker, I rise today in honor of a true public to honor the sacrifices that our brave service- program. The assistance she provides for chil- servant of South Carolina’s Second Congres- members have made and continue to make. dren goes beyond the call of duty since she sional District. David Brown, chief executive f works closely with the youth in her community. officer of Beaufort Memorial Hospital of Beau- She is sensitive to the needs of home- A TRIBUTE TO AY’TASHA T. fort, South Carolina, passed away Monday, owners and it is out of that compassion that HANTON March 19, 2007. Brown fell ill last month and led her to become a financial consultant. In was hospitalized at Johns Hopkins University addition, the high rate of housing foreclosures Hospital, where he passed. HON. EDOLPHUS TOWNS among her friends and family was another in- Brown ably led the hospital during a time of OF NEW YORK centive for her to embark on this profession. tremendous growth. The facility is now twice IN THE HOUSE OF REPRESENTATIVES Claudette gives workshops to new home- the size it was when Brown took over in 1996. owners and advises them of their financial sta- Monday, March 26, 2007 During his tenure as CEO, Brown developed a tus. Due to her own past financial hardships, long-term affiliation with Duke University Mr. TOWNS. Madam Speaker, I rise today she has developed a flair for assisting people Health System in heart and cancer care. Most to pay tribute to Brooklyn resident Ay’Tasha T. to accumulate wealth through the power of recently, he worked with Beaufort to bring ad- Hanton. Ms. Hanton is the proud daughter of prayer and financial wisdom. Financial em- ditional workforce housing to the area and led Edna M. Fulton, and Willie E. Hanton Sr., powerment guides and motivates Mrs. Audige the hospital’s expansion of services across the stepdaughter of Maudine Hanton, who she af- to teach others to accumulate wealth and Broad River. fectionately calls ‘‘Mom.’’ Ay’Tasha was born Brown, son of Emerson M. Brown and the prosperity. in New York City as the only daughter of late Winifred Ryan Brown, was born in 1951 in This extraordinary woman goes above and seven children. Ay’Tasha’s father expired beyond the call of duty and is commendable 1 Germany, where his father was assigned as a when she was 1 ⁄2 years old. Without the rela- U.S. foreign service officer. Brown also lived in to the standards befitting the praised, virtuous tionship of her father, she faced many chal- India, the Netherlands, and Canada and at- woman described in Proverbs. lenges. With the loving support of her mother, Her motto is ‘‘if I can help someone let not tended high school in Switzerland and in family and friends, she matured into a strong, my living be in vain.’’ Claudette Audige strives Maine. He earned a bachelor of arts degree in independent woman. to educate the young and the old to possess 1974 and a masters of business administration A nine-year employee of the New York City the knowledge of financial wisdom. She be- with honors in 1976, both from Boston Univer- Health and Hospitals Corporation, Ay’Tasha lieves that everyone can own a home with the sity. has extensive knowledge in Finance Adminis- Brown began his career in healthcare in proper education. tration, Policy and Procedures, Performance Madam Speaker. I would also like to recog- 1976 as assistant executive director of Prince Improvement, Graphic Design, Community Af- nize the impressive works of Claudette Audige George’s County Foundation for Medical Care fairs and Healthcare Administration. In April of as well as her commitment to the Brooklyn in Landover, Md., and became executive di- 1998, her career in health care began when community. she became the Coordinating Manager of rector within a year. Madam Speaker. I urge my colleagues to In 1982 he joined the Greater Southeast Chemical Dependency Outpatient Services join me in paying tribute to this wonderful Community Hospital in Washington as vice and the Mental Health Geriatric Program at woman for all that she does for current and president for professional services. Before Cumberland Diagnostic and Treatment Center prospective homeowners. leaving the Washington area in 1996, Brown serving the Fort Greene Community. As an became president and CEO of the Greater f Assistant to the Sr. Associate Director, Southeast Community Hospital Foundation, RECOGNITION OF THE HUN- Ay’Tasha worked diligently to aide the Chem- which operated two hospitals as well as long- TINGTON VETERANS AFFAIRS ical Dependency patients who strived daily to term care facilities, home health agencies, MEDICAL CENTER maintain sobriety from their addictions. She pharmacies and other health care-related busi- also worked attentively to aide the Geriatric nesses. HON. NICK J. RAHALL II population as they faced the uneasiness of Brown is survived by his daughter, Caitlin Mental Health. OF WEST VIRGINIA Ryan Brown; son, Ryan David Brown; father, In October of 2005, Ay’Tasha was reas- IN THE HOUSE OF REPRESENTATIVES Emerson Brown of Reed City, Mich.; sister, signed as the NYS OASAS (Office of Alco- Catherine W. Brown of Washington; and Monday, March 26, 2007 holism and Substance Abuse Services) Ad- brother, Christopher G. Brown of Columbus, Mr. RAHALL. Madam Speaker, I rise today ministrator of Chemical Dependency Inpatient Ohio. in recognition of the Huntington Veterans Af- and Outpatient Services at Woodhull Medical

VerDate Aug 31 2005 01:35 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\RECORD07\E26MR7.REC E26MR7 hmoore on PRODPC68 with CONG-REC-ONLINE E646 CONGRESSIONAL RECORD — Extensions of Remarks March 26, 2007 Center, where she studied the communities’ Just days later, President Bush and leaders proved health care for our soldiers and vet- statistics. of this Congress together affirmed America’s erans—things I am proud to support. Recognizing her statistical talents, Ay’Tasha commitment to leading a global war on ter- However, when weighing the good and bad was given additional responsibilities by the As- rorism. Our goals are to bring those respon- in this measure, the pro-family, pro-troop, pro- sociate Executive Director of the Division of sible for 9/11 to justice while working to pre- American vote is easy to identify. That vote, in Chemical Dependency for the North Brooklyn vent future acts of terrorism. this case, is ‘‘no,’’ and I urge my colleagues to Health Network in the newly established Per- Since then, the bravery of our troops, the join me in opposing the measure. formance Improvement Department, helping courage of our leaders, and most importantly the Assistant Director in strategizing ways to the vigilance of the American people have f support the population suffering from sub- helped prevent further attacks on American stance abuse addictions. soil. A TRIBUTE TO AIDA T. WILSON Her most recent opportunity towards climb- Our strategy of taking the fight to the terror- ing the corporate ladder came in March of ists is working. Our continued efforts in Oper- 2006 when she was assigned to assist the As- ation Enduring Freedom and Operation Iraqi HON. EDOLPHUS TOWNS sociate Director of Psychiatry in restructuring Freedom are making a real difference, both Woodhull’s Psychiatric Emergency Depart- there and here at home. We are moving clos- OF NEW YORK ment. As the Administrative Manager of Psych er to the day when the Iraqi army and police IN THE HOUSE OF REPRESENTATIVES ED, Consultation and Liaison Services and the force will be adequately prepared to take full Chemical Dependency Inpatient Detoxification control of their country. Monday, March 26, 2007 Units, Ay’Tasha is also faced with the daily What day will they be prepared to do so? Mr. TOWNS. Madam Speaker, I rise today challenge of aiding the Psychiatric patients as Our military commanders might have a good to pay tribute to Ms. Aida T. Wilson. Aida T. well as encouraging, mentoring and chal- idea. Leaders of the Iraqi military might know. Wilson was born in Panama City in the Re- lenging her staff to heightened levels, while Neither have set a date certain—neither have public of Panama. She is the eldest of five advocating for the Williamsburg and Bedford published a time line for withdrawal, because children born to Olga and Charles Tyrell. After Stuyvesant communities. they understand the danger in doing so. completing high school at Santa Familia As a Member of Congress, I do not know Throughout her HHC career under the um- School for Dressmaking in Panama City, she the exact day this withdrawal should happen. brella of the Department of Psychiatry, was immediately employed by Maloul Brothers In short, I believe it should be on the day Ay’Tasha has been a member of many com- for five years in Colon, City of Panama. mittees such as Cumberland’s Open Access when we have achieved our objective. As a Team, Billing/Finance, Information Technology Congressman, I expect continued, measurable Ms. Wilson migrated to the United States in and Community Affairs. progress toward that day—and, like every 1956 and immediately began to further her Ay’Tasha’s walls are lined with many American, I hope that day is soon. But it is too education by attending several adult education awards, certificates, and presentations as a early to tell what day that is; if telling programs while employed as a seamstress. testament of her hard work. She has also re- emboldened our enemy and put our troops in She was later employed by one of New York ceived extensive continuing education in harm’s way, I wouldn’t tell. City’s most prestigious department stores Lord Healthcare Professionalism such as Manage- Yet according to the measure before us and Taylor. After serving in several positions rial, Administrative Assistant, Graphic Design, today, a majority of my colleagues apparently she became their Merchandising Auditor. She and the list continues. Ay’Tasha’s most heart- believe they know the exact day. They’ve retired in 1994 after 37 years of service with felt accomplishment is her Associate of Arts picked a day when—whether the job is fin- the company. Following one year of retire- Degree in Biblical Studies from Bethel Bible ished or not—we will pack up and go home. ment, she was hired to work on a part-time Institute. Ay’Tasha is presently seeking her This is bad public policy, it is bad military basis at Community Board 5 in East New York Bachelors Degree in Health Administration. strategy, and it cuts the very legs out from as a Community Service Aide and has main- Ay’Tasha understands the importance of under the soldiers who have so bravely fought tained this position for the past 11 years. children. She nurtures her nieces, nephews, the battles to keep America safe. The road to Ms. Wilson has been a communicant of St. godchildren and a host of other youth. Not this day has been long, sometimes difficult, Laurence Church RC for the past 30 years. only is she an inspiration to children, Ay’Tasha but largely successful. If we remain committed She has served on their Board of Trustees; as mentors young women in her community. to leading the fight to keep the American peo- member and past President of the Laurencian Ay’Tasha encompasses the true identity of a ple safe from terrorism, then we owe it to our Guild (Rosary Society); Chairperson of the Lit- role model in today’s society. military commanders to help them finish their urgy Committee; Treasurer of the Church Madam Speaker, I would like to recognize job without arbitrary and capricious interven- AARP Chapter; and presently a Lector at Sun- the impressive achievements of Ay’Tasha T. tion from politicians. day Masses and a member of the Parish Pas- Hanton for her commitment to her community. Mr. Speaker, the timelines for troop with- toral Planning Committee. Mrs. Wilson is an Madam Speaker, I urge my colleagues to drawal are not the only bad idea in this legis- active member and Past President of the join me in paying tribute to this wonderful per- lation. Woven into a bill that is designed to Brooklyn New Lots Lions Club and Part Dis- son and the great things she has done. fund our military is more than $20 billion in trict Treasurer for the Lions of District 20 K1 f non-emergency spending on such items as (Brooklyn and Queens). For her lionistic activ- peanut storage and spinach farmers. ism, she has been recognized with many U.S. TROOP READINESS, VET- Millions of Americans wake up and go to awards and citations including the Distin- ERANS’ HEALTH, AND IRAQ AC- work each morning to provide for their families guished Service Award for Community Serv- COUNTABILITY ACT, 2007 and help make America a better place. As the ice, Lion of the Year, Knights of the Blind saying goes, they work hard, play by the rules, Award and the highest recognition by an asso- SPEECH OF and pay their taxes. ciation, The Melvin Jones Fellowship. HON. JIM JORDAN These are the families I keep in mind each Aida Wilson is married to Lloyd G. Wilson, OF OHIO time I cast a vote on public policy. (retired MTA Motorman). This union brought IN THE HOUSE OF REPRESENTATIVES This measure contains hundreds of millions forth a son Rodney, and a daughter Sharon in taxpayer dollars being diverted from na- Friday, March 23, 2007 who have blessed them with six grandchildren: tional defense to pork-barrel spending to ben- Tyrell and Cherrell Wilson, Jazine Miller, Mr. JORDAN of Ohio. Mr. Speaker, I stand efit the pet projects of certain interests. Eryka, Elissa, and Jessica Hill. A step grand- in opposition to H.R. 1591, a measure that Like many Americans, I am outraged by the daughter Kristin Reid Hill, son-in-law Eric Hill would set dangerous and unprecedented reports that Democrat leaders are promising and daughter-in-law Angela A. Wilson. timelines for U.S. troop withdrawal from Iraq. this and additional pork-barrel spending in ex- On September 11, 2001, terrorists attacked change for Democrat votes for this measure. Madam Speaker, I would like to recognize the United States of America, killing thousands Each of these dollars came from taxpayers, this pillar of our community for all of her good of innocent people in a horrific fashion and for- and taxpayers deserve better. works and kind gestures. ever changing America’s role in the fight Mr. Speaker, there are good things in this Madam Speaker, I urge my colleagues to against global terrorism. bill, like funding for our troops in battle, im- join me in paying tribute to Aida T. Wilson.

VerDate Aug 31 2005 01:35 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\RECORD07\E26MR7.REC E26MR7 hmoore on PRODPC68 with CONG-REC-ONLINE CONGRESSIONAL RECORD — Extensions of Remarks E647 INTRODUCTION OF THE INFANT require the testing and certification of these INTRODUCTION OF HOUSE RESO- AND TODDLER DURABLE PROD- products by an independent third party before LUTION 267 CONDEMNING THE IS- UCT SAFETY ACT AND THE they are allowed to be sold to anyone. LAMIC REPUBLIC OF IRAN FOR DANNY KEYSAR CHILD PRODUCT ITS SEIZURE OF BRITISH SAIL- To protect children should unsafe products SAFETY NOTIFICATION ACT ORS AND MARINES make it into their homes—as is currently hap- pening—we also have to make sure that we HON. JANICE D. SCHAKOWSKY can get the hazards out as soon as possible. HON. MARK STEVEN KIRK OF ILLINOIS OF ILLINOIS The Danny Keysar Child Product Safety Notifi- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES cation Act would help us do that by requiring Monday, March 26, 2007 Monday, March 26, 2007 that all children’s durable products sold have Ms. SCHAKOWSKY. Madam Speaker, recall registration cards attached to them and Mr. KIRK. Madam Speaker, today I intro- today I am once again introducing two bills that manufacturers directly contact those who duced House Resolution 267 with my fellow that would help prevent needless deaths and fill them out should there be a recall. Iran Working Group co-Chair Congressman injuries of young children: the Infant and Tod- ROB ANDREWS (D–NJ) and Iran Working Although there is a shocking number of re- dler Durable Product Safety Act and the Group Vice-Chairs Dr. CHARLES BOUSTANY (R– called products, our current recall system is Danny Keysar Child Product Safety Notifica- LA) and RON KLEIN (D–FL). This resolution tion Act. These bills would help us protect in- failing. Actual notice of a recall is dependent condemns the Islamic Republic of Iran for fant and toddlers from dangerous products, on news outlets picking up the story and seizing 15 British sailors and marines in the both before they arrive on the shelves—and spreading the word. Notification targeted to Persian Gulf and calls for their immediate re- after they end up in homes. owners of the products is rare, and many par- lease. These sailors and marines, based on The Infant and Toddler Durable Product ents remain unaware of the dangers even the HMS Cornwall, had finished a routine Safety Act would require infant and toddler when products are recalled. In fact, many fam- search of a civilian vessel in Iraqi waters at products to receive a federal seal of approval ilies still have the dangerous products listed in the time of the kidnapping. The Iranian regime before they are sold. This bill is long overdue. this report in their homes because they have now says it may charge the sailors and ma- Currently, most consumers believe that, be- not happened to turn on the television at the rines for illegally entering Iranian-controlled cause a product is on a shelf, it is safe. A Co- right time or read the right newspaper. We waters. alition for Consumer Rights’ survey in Illinois need to make sure that notification is directed The British soldiers were captured a day be- fore the UN debated additional sanctions for found that 75 percent of adults believe that the at the families that have bought these faulty Iran’s continued efforts to enrich uranium. The government oversees pre-market testing for products so they don’t have to rely on chance sanctions were unanimously approved, and in- children’s products; 79 percent believe that to hear the news. manufacturers are required to test the safety clude a ban on arms sales from Iran as well of those products before they are sold. For My colleague, Rep. FRED UPTON, and I as freezing assets of 28 people and organiza- most products, neither is true. named our bill that would help solve this prob- tions involved with the nation’s nuclear pro- In fact, there are no mandatory safety lem the Danny Keysar Child Product Safety grams. standards for the majority of the children’s Notification Act because his story is a tragic Our resolution also asks the Security Coun- products being sold today. The majority of the example of the inadequacy of our current re- cil to explore new economic sanctions against standards that are in place are ‘‘voluntarily’’ call practices. Iran, including a restriction on gasoline im- ports. Despite its status as a top oil producing set by the very industries looking to make Danny Keysar, the precious 17-month old nation, Iran is highly dependent on foreign profits. They are also allowed to police them- son of Linda Ginzel and her husband, Boaz selves about whether the standards are en- gasoline due to severe mismanagement of its Keysar, died when the Playskool Travel-Lite domestic energy supply. An international re- forced. portable crib he had been napping in at his Let me stress what that means: although striction on foreign gasoline is the most effec- babysitter’s home collapsed. The rails of the there may be voluntary standards in place, tive economic lever in our diplomatic toolbox crib folded into a ‘‘V’’-shaped wedge when he there are no requirements that all potential to prevent further Iranian hostility, deny Iran’s hazards are addressed in those standards. stood up, trapping his neck. He was strangled ability to militarize the Persian Gulf and en- For instance, the voluntary standards for bas- to death. It was May 12, 1998, five years after force Iran’s nonproliferation commitments. sinets set by the industry did not have height the CPSC had ordered it off the shelves be- The Iranian regime defied international law requirement for the sides or any test to make cause it was so dangerous. by seizing sailors in waters outside of its juris- sure the baby couldn’t fall out. Only because Word of its hazard had not reached Danny’s diction. Our resolution sends a strong mes- of the tenacity of advocates like Kids in Dan- parents, the caregiver with whom he was stay- sage of condemnation from the House of Rep- resentatives. ger, was one finally set. There are also no ing, or a state safety inspector who visited the I want to thank Reps. ANDREWS, BOUSTANY consequences for the manufacturer if the home just eight days before Danny’s death. and KLEIN for leading with me on this resolu- standards are not met, and no requirements Had the Child Product Safety Notification Act for products to be tested to see if the stand- tion. I look forward to working with them and been in effect, there would have been a much the more than fifty original cosponsors on this ards are met. This is true even for baby car- greater chance of saving Danny’s life—and riers, cradles, play pens, and high chairs. For important initiative. the 11 children who have since died from the f the few products that do have mandatory fed- TravelLite. eral standards, because there are no testing INTRODUCTION OF THE BLUE requirements, the standards are meaningless. We know that recall registration cards work. WATER HIGHWAY ACT OF 2007 Although the Consumer Products Safety My bill is modeled after the National Highway Commission—the CPSC—requires no testing and Transportation Safety Administration’s re- HON. DAVE WELDON and manufacturers mayor may not perform call system for car seats. Since NHTSA start- OF FLORIDA their own tests, do not be mistaken, children’s ed requiring car seats to have registration IN THE HOUSE OF REPRESENTATIVES products are tested. They are tested in our cards in 1993, the number of families reg- own homes, with our children and grand- istering increased by at least tenfold. In fact, Monday, March 26, 2007 children as test dummies. The cost of those 53 percent of parents who obtained cards Mr. WELDON of Florida. Madam Speaker, tests can be a panicked child, amputated fin- mailed in the cards. Recall repair rates have today I introduced the Blue Water Highway gers, fractured skulls, or a dead child. gone up by 56 percent—all for a mere 43- Act of 2007. Unfortunately, a trip to the emergency room cents per item. This bill will give families a As Members of this body know, the ability to or the morgue is often the only way to know much greater chance to repair, return, or dis- cost-effectively transport goods to domestic markets is vital to our economy. It’s becoming if a product is unsafe. This is unacceptable. card any dangerous products that have made Parents and caregivers must have assur- increasingly clear, however, that economic it into their children’s nursery. ance that when they buy a product, it will be and population growth is far outpacing our safe. Therefore, the Infant and Toddler Dura- It is past due that we give parents the secu- ability to maintain and expand our existing ble Product Safety Act would not only require rity they deserve and children the safety they transportation infrastructure, posing serious, the CPSC to issue mandatory safety stand- need. I urge my colleagues to support these long-term challenges to our current reliance ards for infant and toddler products, it would two bills. upon land-based shipping.

VerDate Aug 31 2005 01:35 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\RECORD07\E26MR7.REC E26MR7 hmoore on PRODPC68 with CONG-REC-ONLINE E648 CONGRESSIONAL RECORD — Extensions of Remarks March 26, 2007 In Florida and around the country, roadway Rolfingsmeyer, Katie Robben, Kelsie dedicate their lives to civil service and govern- congestion and driver shortages are already Netemeyer, Katelin Wiegmann, Tiffany Hilmes, ment. Through research and discourse, this making it difficult for trucking companies to ex- Katie Scheer, Lauren Budde, and Cassandra non-partisan academic unit will increase edu- pand capacity. Freight shipping by rail is en- Deiters make up this victorious team of ath- cation on important policy issues. countering serious capacity problems in some letes, which are lead by Head Coach Nathan Both Congressman Hyde and Congressman regions, as well. And, recent estimates indi- Rueter and Assistant Coaches Angela Witte Rostenkowski attended Loyola, so it seems fit- cate that overall freight traffic will continue to and Kelly Hasheider. ting that their work will be preserved there. increase exponentially in the coming years— The Number 11 State-Ranked Breese Cen- Congressman Hyde recently retired from up as much as 70 percent by 2020. tral ladies received medals after winning Congress after serving the people of the Sixth Madam Speaker, we are presented with a against Number 9 State-Ranked Rochester in district of Illinois for 15 terms. The former choice as we seek to address this capacity a 47–41 victory. Dean of the Illinois delegation served as crunch: We can try to engineer our way out of I am very pleased to congratulate the Chairman of the Judiciary Committee from the current situation at hundreds of billions of Breese Central Lady Cougars on their victory 1995–2001 and was later Chairman of the dollars in new federal expenditures. Or, we and wish them the best of luck for next sea- International Relations Committee. can find alternate innovative modes of trans- son. Congressman Rostenkowski, or Mr. Chair- portation that will help absorb some of the traf- f man as he is still known, served my district in fic our growing economy continues to create. the House and was a legislative force for 34 TRIBUTE TO DOLORES HUERTA While we must continue to invest in our sur- years. As the Chairman of the Ways and face transportation infrastructure, I believe that Means Committee, he played an important an alternative, environmentally sound mode of HON. JOE BACA role in tax and trade policy for thirteen years. transportation is at our fingertips that will less- OF CALIFORNIA Madam Speaker, I congratulate Loyola Uni- en highway congestion, save energy, and re- IN THE HOUSE OF REPRESENTATIVES versity Chicago for its creation of the Center duce air pollution. Monday, March 26, 2007 for Public Service and its collection of the con- gressional papers of former Congressmen Short sea shipping, or what I call the ‘‘Blue Mr. BACA. Madam Speaker, I rise today to Henry J. Hyde and Dan Rostenkowski. I wish Water Highway,’’ involves shipping cargo by voice my strong support for H. Res. 37. This its faculty, staff and students the best of luck sea between U.S. ports. By establishing a resolution honors Dolores Huerta for her com- as they pursue lives of public service. ‘‘highway’’ along our coast where smaller mitment to protecting the rights of women and cargo ships travel from port to port along the children everywhere, and improving the lives f Eastern Seaboard, Gulf Coast, Pacific Coast- of farm workers. line, and the Great Lakes, we have the oppor- TRIBUTE TO SAM MURPHEY FOR A I want to thank my colleague from Cali- LIFETIME OF DEDICATED SERV- tunity to significantly reduce highway conges- fornia, Rep. HILDA SOLIS, for sponsoring this tion in an environmentally friendly and eco- ICE TO THE NATION AND THE resolution. PEOPLE OF CENTRAL TEXAS nomically sound manner. Additionally, sea- Since 1955, Dolores Huerta has been a pre- based shipping would mitigate against wear eminent figure in the civil rights movement. and tear on our highways, potentially delaying She has dedicated her life to fighting for the HON. CHET EDWARDS the need for expensive taxpayer-funded im- rights of workers, women, and children. Dolo- OF TEXAS provement projects and allowing such funds res has lived a life full of compassion and love IN THE HOUSE OF REPRESENTATIVES instead to be used to free traffic congestion. for her fellow man. Her actions helped to Monday, March 26, 2007 Though getting the Blue Water Highway up change the way farm workers were treated Mr. EDWARDS. Madam Speaker, I rise and running is no small task, I believe that a and further established fair treatment and re- modest tax policy change provided in my leg- today to honor a dedicated public servant of spectable working conditions for them. the people of Central Texas, Sam Murphey. islation would significantly encourage the de- As a strong female leader, Dolores Huerta velopment of a short sea shipping industry. Sam is about to embark on a well-deserved defied cultural and gender stereotypes. She retirement after 22 years of service in the U.S. The Blue Water Highway Act of 2007 would has been awarded the Eleanor D. Roosevelt amend the Internal Revenue Code to exempt Army and 16 years looking after the needs of Human Rights Award and was inducted into the people of Central Texas as my right-hand cargo shipped between U.S. mainland ports the Women’s Hall of Fame in 1993. Together from the harbor maintenance tax. This simple man and District Director. with Cesar Chavez, she founded the National Sam Murphey is a decorated soldier and tax reform would remove the primary prohibi- Farm Workers Association, now the United tive cost to short sea shipping, allowing des- veteran whose distinguished service in the Farm Workers Organizing Committee. United States Army and his service to the con- ignated cargo vessels to travel from Port Ca- Beyond her professional work, she is a stituents of Central Texas is unparalleled in naveral in Florida, to Baltimore, and then onto proud mother of 11 children and many grand- my experience. The positive impact Sam has New York and Bridgeport, Conn. making other children and great-grandchildren. had is immeasurable and proof that one per- port calls along the way without having to pay I urge my colleagues to send a message of son can truly make a difference in the lives of the cargo tax each time it enters a port. support for the rights of all workers and to others. Sam is known by many names: hus- Madam Speaker, amending the harbor honor the accomplishments of a true revolu- band, father, grandfather, motivator, leader, maintenance tax is a reasonable policy objec- tionary, Dolores Huerta, by supporting H. Res. and confidante. I join the many others who are tive that would go a long way toward moving 37. fortunate to call him ‘‘friend’’. short sea shipping from the backwater of the f shipping industry. Sam graduated from the University of Texas in 1967 earning a bachelors degree in busi- f RECOGNIZING LOYOLA UNIVER- SITY CHICAGO’S CENTER FOR ness administration and a commission in the HONORING THE BREESE CENTRAL PUBLIC SERVICE Regular Army of the United States as a 2nd LADY COUGARS BASKETBALL Lieutenant of Field Artillery. Sam later earned TEAM HON. RAHM EMANUEL his master of science degree in management OF ILLINOIS from the University of Central Texas in 1981 and he has completed an additional 18 post- HON. JOHN SHIMKUS IN THE HOUSE OF REPRESENTATIVES graduate hours of study in political science. OF ILLINOIS Monday, March 26, 2007 IN THE HOUSE OF REPRESENTATIVES Following his graduation from the University Mr. EMANUEL. Madam Speaker, I rise of Texas, Sam began a 22-year career in the Monday, March 26, 2007 today to recognize; Loyola University Chicago U.S. Army that took him to assignments in the Mr. SHIMKUS. Madam Speaker, today I rise for its enduring commitment to community United States, Europe, Korea and Vietnam. to honor the Breese Central Lady Cougars service and its creation of the Center for Pub- He spent his combat tour in Vietnam as a basketball team on their success in winning lic Service. I am pleased that the Center will Field Artillery Forward Observer and Liaison the championship game of the 28th annual house the congressional papers of former Officer with the 173rd Airborne Brigade. Other Class A state tournament at Redbird Arena in Congressman Henry J. Hyde and former Con- notable experiences during his military career Normal, Illinois. gressman Dan Rostenkowski. include a teaching assignment in the Gunnery Jessica Hemann, Courtney Strieker, Leann Loyola’s Center for Public Service will un- Department of the U.S. Army Field Artillery Voss, Britni Holtmann, K.C. Root, Christy dertake the task of encouraging citizens to School, graduation from the Marine Corps

VerDate Aug 31 2005 01:35 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\RECORD07\E26MR7.REC E26MR7 hmoore on PRODPC68 with CONG-REC-ONLINE CONGRESSIONAL RECORD — Extensions of Remarks E649 Command and Staff College, and an assign- Thank you, Sam for your personal friendship ON THE INTRODUCTION OF THE ment at the U.S. Air Force Academy as Air Of- and for your service to the people of Central DHS SAFE ACT TO ENHANCE THE ficer Commanding of Cadet Squadron 29. He Texas and the citizens of our Nation. We wish SECURITY OF DEPARTMENT OF retired from the Army at Fort Hood, Texas on you and your family all the best in the years HOMELAND SECURITY BADGES, October 1, 1989. ahead. IDENTIFICATION CARDS, UNI- In March 1991, as a newly elected Con- f FORMS, AND PROTECTIVE EQUIP- gressman, I was wise enough to hire Sam as MENT my primary contact for the military and vet- TRIBUTE TO GARY PLAYER erans communities in what was then District 11. Sam excelled in that role and became the HON. LYNN A. WESTMORELAND HON. BOB ETHERIDGE District Director in January 1996. As a local OF GEORGIA OF NORTH CAROLINA veterans leader, his counsel and advice have IN THE HOUSE OF REPRESENTATIVES been indispensable over the years. IN THE HOUSE OF REPRESENTATIVES Monday, March 26, 2007 Among many other accomplishments, Sam Monday, March 26, 2007 played a key leadership role in the successful Mr. WESTMORELAND. Madam Speaker, I fight to save the Waco VA hospital from clo- rise today to carry on a tradition started by the Mr. ETHERIDGE. Madam Speaker, today I sure and helped make it into a national center late Congressman Charlie Norwood, whose have introduced, together with my colleagues of excellence. The massive modernization of death this year was a great loss to Georgia from the Committee on Homeland Security, Fort Hood in the 1990s had Sam Murphey’s and the U.S. House of Representatives. Each Chairman Thompson of Mississippi and Mr. fingerprints all over it. Countless soldiers and year on the eve of the Masters golf tour- Rogers of Alabama, legislation that will pre- their families have benefited from Sam’s hard nament in his hometown of Augusta, GA., vent terrorists or others with bad intent from work to make dramatic improvements in bar- Congressman Norwood would honor a golfer posing as Homeland Security officials or offi- racks, housing, and training facilities at Fort of great acclaim before his colleagues in the cers. This common sense bill will require the Hood. Sam was also instrumental in opening House. Department of Homeland Security to make Gray Army Airfield to commercial aviation, pro- This year, that tribute belongs to Gary Play- sure that sensitive material—badges, identi- viding land for the Central Texas Veterans er, a world-renowned golfer whose accom- fication cards, uniforms, and protective gear— Cemetery and Tarleton State’s upper level in- plishments extend far beyond the links. In is made in the United States. As these items stitution in Killeen. April, Mr. Player will tee up at the Augusta Na- would be vulnerable to theft in transit, it just As a district director, it goes without saying tional for the Masters tournament for the 50th makes sense to make sure they start and stay that Sam is very active in local community af- consecutive year, a remarkable achievement in America. fairs, but he also spends much of his free time of longevity in any career. Few events in to give back to the community. He continues sports compare to the grace and beauty of the When the Department of Homeland Security to serve as Vice Chairman of the Board of Di- Masters tournament, and for a half century, buys identification cards overseas, there is no rectors of Heart O’ Texas Federal Credit Mr. Player has played an important role in one system in place to ensure that they are not Union. He is a past president of the University of the most cherished and most watched stolen and misappropriated by terrorists, who of Central Texas Alumni Association, and has sporting events in the world. could then pass into restricted areas with taught government and business classes at Gary Player’s record is the envy of count- fraudulent credentials. In countries with less the University of Central Texas and Central less golfers. It includes 159 victories world- robust ethical and management standards for Texas College as a member of their adjunct wide. He holds nine major championships in- business, manufacturers might even be willing faculty. He is a past chairman of the Harker cluding: three Masters, three British Opens, to sell uniforms or badges to the highest bid- Heights Chamber of Commerce Board of Di- two U.S. Opens and one PGA Championship. der. The men and women who serve in posi- rectors and served 6 years as Commissioner In addition, he has won the World Match Play tions that protect our security are put at risk by on the Harker Heights Planning and Zoning Championship four times. a policy that does not secure these materials, Commission. He is a co-founder of the Harker Outside the game of golf, Mr. Player has and the practice of purchasing them overseas Heights Economic Development Corporation dedicated his life to family—he is celebrating without appropriate safeguards must end. and is a past president of the Central Texas— his 50th wedding anniversary this year—and It is certainly not uncommon for cargo to be Fort Hood Chapter of the Association of the to serving the underprivileged. hijacked or lost, particularly in the staging United States Army and of the Central Texas In 1983, he established the Gary Player areas at our Nation’s ports of entry. The po- Chapter of the Military Officers Association of Foundation to address the education crisis in tential theft of uniforms, badges, or ID cards America. He is a graduate of Leadership Tem- South Africa. The Player family started the by the truckload pose a clear threat. These ple and Leadership Killeen and is a co-founder Blair Atholl School—complete with a primary items are meant to serve as validation that of the Leadership Belton program. He was re- school of 400 students, a pre-elementary those charged with securing our country are cently named Chairman of the Harker Heights school for 75, a community resource center who they say they are; misappropriation is un- Chamber of Commerce Military Affairs Com- and a sports complex. The foundation ensures acceptable. mittee. high-quality education, a nutritional feeding This legislation will not slow down the De- Sam and his wonderful wife Peggy, his scheme and basic medical care for each child. partment at all with regard to purchases; it much, much better half, are retiring at the Besides his foundation, Gary Player hosts merely ensures that sensitive materials are same time to enjoy their beautiful family to- the annual Nelson Mandela Invitational Golf gether in Harker Heights, Texas. Peggy is re- Tournament, one of the largest charity events kept securely inside the United States when tiring after a career of service to the soldiers in South Africa. To recognize his many appropriate. The bill contains a waiver for and families at Fort Hood, a place that I had achievements, Gary Player was awarded an small purchases and for material that will be the privilege to represent for 14 years and is Honorary Doctor of Laws from the Saint An- used outside of the United States. It gives the very close to my heart. The Good Lord has drews University in 1995. Department the flexibility to procure materials blessed Sam and Peggy with two children, Gary Player has lived an incredible life and outside of the United States if necessary and Steven and Kathleen and five grandchildren, he doesn’t take those blessings for granted. as long as steps are taken to prevent mis- Samantha and Steven Murphey, Hartley, Elle He has said, ‘‘I have been so lucky with golf, appropriation. and Sophia Corsi. with my family, with my health, all I can be is This legislation is focused and targeted at May the Good Lord continue to watch over thankful.’’ Let us wish him continued luck and the area of greatest risk in procurement. I urge them and as Sam is fond of saying, ‘‘bless thanks for his accomplishments on and off the my colleagues in the House of Representa- their little hearts.’’ course. Mr. Player, good luck in Augusta. tives to support it.

VerDate Aug 31 2005 01:35 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\RECORD07\E26MR7.REC E26MR7 hmoore on PRODPC68 with CONG-REC-ONLINE E650 CONGRESSIONAL RECORD — Extensions of Remarks March 26, 2007 SENATE COMMITTEE MEETINGS International Development and foreign 2:30 p.m. assistance programs. Appropriations Title IV of Senate Resolution 4, Interior, Environment, and Related Agen- agreed to by the Senate on February 4, SD–138 10:30 a.m. cies Subcommittee 1977, calls for establishment of a sys- Appropriations To hold hearings to examine proposed tem for a computerized schedule of all Defense Subcommittee budget estimates for fiscal year 2008 for meetings and hearings of Senate com- To hold hearings to examine the pro- United States Forest Service. SD–124 mittees, subcommittees, joint commit- posed budget estimates for fiscal year Commerce, Science, and Transportation tees, and committees of conference. 2008 for the United States Navy. This title requires all such committees Space, Aeronautics, and Related Agencies SD–192 Subcommittee to notify the Office of the Senate Daily Aging To hold hearings to examine Digest—designated by the Rules Com- To hold hearings to examine affordable transitioning to a next generation mittee—of the time, place, and purpose drug coverage that works for Wis- Human Space Flight System. of the meetings, when scheduled, and consin, focusing on preserving senior SR–253 any cancellations or changes in the care. 3 p.m. meetings as they occur. SD–562 Appropriations As an additional procedure along 11:45 a.m. Financial Services and General Govern- with the computerization of this infor- Foreign Relations ment Subcommittee mation, the Office of the Senate Daily Business meeting to consider S. 193, to To hold hearings to examine the pro- increase cooperation on energy issues posed budget estimates for fiscal year Digest will prepare this information for between the United States Government 2008 for the Department of the Treas- printing in the Extensions of Remarks and foreign governments and entities ury. section of the CONGRESSIONAL RECORD in order to secure the strategic and SD–192 on Monday and Wednesday of each economic interests of the United Health, Education, Labor, and Pensions week. States, S. 613, to enhance the overseas To hold hearings to examine No Child Meetings scheduled for Tuesday, stabilization and reconstruction capa- Left Behind Reauthorization, focusing on effective strategies for engaging March 27, 2007 may be found in the bilities of the United States Govern- parents and communities in schools. ment, H.R. 1003, to amend the Foreign Daily Digest of today’s RECORD. SD–430 Affairs Reform and Restructuring Act MEETINGS SCHEDULED 3:30 p.m. of 1998 to reauthorize the United States Armed Services Advisory Commission on Public Diplo- MARCH 28 Personnel Subcommittee macy, S. Res. 30, expressing the sense To hold hearings to examine active com- 9:30 a.m. of the Senate regarding the need for ponent, reserve component, and civil- Armed Services the United States to address global cli- ian personnel programs in review of the Strategic Forces Subcommittee mate change through the negotiation Defense Authorization Request for fis- To hold hearings to examine the Stra- of fair and effective international com- cal year 2008 and the future years De- tegic Forces Program in review of the mitments, S. Res. 65, condemning the fense Program. Defense Authorization Request for fis- murder of Turkish-Armenian journalist SR–232A cal year 2008 and the future years De- and human rights advocate Hrant Dink fense Program, with the possibility of a and urging the people of Turkey to MARCH 29 closed session in SR–222 following the honor his legacy of tolerance, S. Res. 9:15 a.m. open session. 76, calling on the United States Gov- Indian Affairs SR–232A ernment and the international commu- To hold an oversight hearing to examine Joint Economic Committee nity to promptly develop, fund, and im- Indian trust fund litigation. To hold hearings to examine the current plement a comprehensive regional SR–485 economic outlook. 9:30 a.m. SH–216 strategy in Africa to protect civilians, facilitate humanitarian operations, Armed Services 9:45 a.m. To hold hearings to examine the Depart- Appropriations contain and reduce violence, and con- tribute to conditions for sustainable ment of the Navy in review of the De- Labor, Health and Human Services, Edu- fense Authorization Request for fiscal cation, and Related Agencies Sub- peace in eastern Chad, and Central Af- rican Republic, and Darfur, Sudan, and year 2008 and the future years Defense committee Program, with the possibility of a the nominations of Paul J. Bonicelli, of To hold hearings to examine proposed closed session in SR–222 following the Virginia, to be an Assistant Adminis- budget estimates for fiscal year 2008 for open session. trator of the United States Agency for the Department of Labor. SD–106 SD–124 International Development, Curtis S. Foreign Relations 10 a.m. Chin, of New York, to be United States To hold hearings to examine an update Environment and Public Works Director of the Asian Development on Iran; may be followed by a business To hold hearings to examine reducing Bank, with the rank of Ambassador, meeting to consider pending calendar government building operational costs Eli Whitney Debevoise II, of Maryland, business. through innovation and efficiency, fo- to be United States Executive Director SD–419 cusing on legislative solutions. of the International Bank for Recon- Small Business and Entrepreneurship SD–406 struction and Development, Sam Fox, Business meeting to markup S. 163, to Finance of Missouri, to be Ambassador to Bel- improve the disaster loan program of To hold hearings to examine risks and gium, Zalmay Khalilzad, of Maryland, the Small Business Administration. reform, focusing on the role of cur- to be the Representative of the United SR–428A rency in the U.S.-China relationship. States of America to the United Na- Veterans’ Affairs SD–215 tions, with the rank and status of Am- To hold joint hearings with the House Commerce, Science, and Transportation bassador and the Representative of the Committee on Veterans’ Affairs to ex- Oceans, Atmosphere, Fisheries, and Coast United States of America in the Secu- amine the legislative presentation of Guard Subcommittee rity Council of the United Nations, AMVETS, American Ex-Prisoners of To hold hearings to examine the future Margrethe Lundsager, of Virginia, to War, Military Order of the Purple of the Coast Guard Dive Program. Heart, Gold Star Wives of America, be United States Executive Director of SR–253 Fleet Reserve Association, the Retired the International Monetary Fund, Rules and Administration Enlisted Association, Military Officers Business meeting to consider S. 223, to Katherine Almquist, of Virginia, to be Association of America, and the Na- require Senate candidates to file des- an Assistant Administrator of the tional Association of State Directors of ignations, statements, and reports in United States Agency for International Veterans Affairs. electronic form. Development, Douglas Menarchik, of SD–226 SR–301 Texas, to be an Assistant Adminis- 10 a.m. Appropriations trator of the United States Agency for Commerce, Science, and Transportation State, Foreign Operations, and Related International Development. (Re- To hold hearings to examine the nomina- Programs Subcommittee appointment), and Ford M. Fraker, of tion of David James Gribbin IV, of Vir- To hold hearings to examine the pro- Massachusetts, to be Ambassador to ginia, to be General Counsel of the De- posed budget estimates for fiscal year the Kingdom of Saudi Arabia. partment of Transportation. 2008 for the United States Agency for SD–419 SR–253

VerDate Aug 31 2005 01:35 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\RECORD07\E26MR7.REC E26MR7 hmoore on PRODPC68 with CONG-REC-ONLINE CONGRESSIONAL RECORD — Extensions of Remarks E651 Environment and Public Works 2 p.m. APRIL 10 Business meeting to consider S. 801, to Judiciary 10 a.m. designate a United States courthouse Business meeting to consider S. 236, to Commerce, Science, and Transportation located in Fresno, California, as the require reports to Congress on Federal To hold an oversight hearing to examine ‘‘Robert E. Coyle United States Court- agency use of data mining, S. 376, to the Federal Trade Commission (FTC). house’’, S. 521, to designate the Federal amend title 18, United States Code, to SR–253 building and United States courthouse improve the provisions relating to the and customhouse located at 515 West carrying of concealed weapons by law APRIL 11 First Street in Duluth, Minnesota, as enforcement officers, S. 849, to promote 9:30 a.m. the ‘‘Gerald W. Heany Federal Building accessibility, accountability, and open- Veterans’ Affairs and United States Courthouse and Cus- ness in Government by strengthening To hold hearings to examine issues rel- tomhouse’’, the Public Buildings Cost section 552 of title 5, United States ative to Filipino veterans. Reduction Act, the Water Resources Code (commonly referred to as the SR–418 Development Act of 2007, and the nomi- Freedom of Information Act), S. 119, to 10 a.m. nations of Roger Romulus Martella, prohibit profiteering and fraud relating Banking, Housing, and Urban Affairs Jr., of Virginia, to be Assistant Admin- to military action, relief, and recon- To hold hearings to examine the avail- istrator of the Environmental Protec- struction efforts, S. 621, to establish ability and affordability of property tion Agency, and Bradley Udall, of Col- commissions to review the facts and and casualty insurance in the Gulf orado, to be a Member of the Board of circumstances surrounding injustices Coast and other coastal regions. Trustees of the Morris K. Udall Schol- suffered by European Americans, Euro- SD–538 Rules and Administration arship and Excellence In National En- pean Latin Americans, and Jewish ref- To hold an oversight hearing to examine vironmental Policy Foundation. ugees during World War II, and S. Res. the Smithsonian Institution. SD–406 108, designating the first week of April SR–301 Homeland Security and Governmental Af- 2007 as ‘‘National Asbestos Awareness fairs Week’’ and to discuss the possibility of APRIL 17 Federal Financial Management, Govern- the issuance of certain subpoenas in 10 a.m. ment Information, Federal Services, connection with investigation into re- Judiciary and International Security Sub- placement of United States Attorneys. To hold an oversight hearing to examine committee SD–226 the Department of Justice. To hold hearings to examine eliminating 2:30 p.m. SD–106 and recovering improper payments, fo- Intelligence cusing on the Office of Management Closed business meeting and hearing re- APRIL 25 and Budget report entitled ‘‘Improving garding certain intelligence matters. 2 p.m. the Accuracy and Integrity of Improper SH–219 Veterans’ Affairs Payments’’. To hold an oversight hearing to examine SD–342 MARCH 30 the Department of Veterans Affairs, fo- Finance 10 a.m. cusing on mental health issues. To hold hearings to examine clean en- Appropriations SR–418 ergy from the margins to the main- Legislative Branch Subcommittee stream. To hold hearings to examine proposed APRIL 26 SD–215 budget estimates for fiscal year 2008 for 10 a.m. Judiciary the Office of the Senate Sergeant at Commerce, Science, and Transportation To continue hearings to examine Depart- Arms and Doorkeeper, and the United Science, Technology, and Innovation Sub- ment of Justice hiring and firing of States Capitol police. committee United States Attorneys, focusing on SD–138 To hold hearings to examine clean coal preserving prosecutorial independence. technology. SH–216 SR–253

VerDate Aug 31 2005 01:35 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\RECORD07\E26MR7.REC E26MR7 hmoore on PRODPC68 with CONG-REC-ONLINE Monday, March 26, 2007 Daily Digest Senate Adopted: Chamber Action Byrd Amendment No. 641, in the nature of a Routine Proceedings, pages S3727–S3780 substitute. (By unanimous consent, the amendment Measures Introduced: Eight bills and two resolu- will be considered as original text for the purpose of tions were introduced, as follows: S. 983–990, and further amendment). Pages S3735–42, S3747 S. Res. 123–124. Page S3750 Pending: Measures Reported: Cochran Amendment No. 643 (to Amendment S. 93, to authorize NTIA to borrow against an- No. 641), to strike language that would tie the ticipated receipts of the Digital Television and Pub- hands of the Commander-in-Chief by imposing an lic Safety Fund to initiate migration to a national IP arbitrary timetable for the withdrawal of U.S. forces enabled emergency network capable of receiving and from Iraq, thereby undermining the position of responding to all citizen activated emergency com- American Armed Forces and jeopardizing the suc- munications. (S. Rept. No. 110–38). cessful conclusion of Operation Iraqi Freedom. S. 261, to amend title 18, United States Code, to Pages S3737–42, S3747 strengthen prohibitions against animal fighting, A motion was entered to close further debate on with an amendment. the bill and, in accordance with the provisions of Rule XXII of the Standing Rules of the Senate, a S. 627, to amend the Juvenile Justice and Delin- vote on cloture will occur on Wednesday, March 28, quency Prevention Act of 1974 to improve the 2007. Pages S3747–48 health and well being of maltreated infants and tod- dlers through the creation of a National Court A unanimous-consent agreement was reached pro- Teams Resource Center, to assist local Court Teams. viding for further consideration of the bill at 11 a.m., on Tuesday, March 27, 2007; provided further S. 888, to amend section 1091 of title 18, United that members have until 2:30 p.m., on Tuesday, States Code, to allow the prosecution of genocide in March 27, 2007 to file first-degree amendments to appropriate circumstances. Page S3750 the bill. Page S3779 Measures Passed: WU Nomination—Agreement: A unanimous-con- Treaty of Rome 50th Anniversary: Senate agreed sent agreement was reached providing that at 11:50 to S. Res. 124, congratulating the European Union a.m., on Tuesday, March 27, 2007, Senate begin on the 50th anniversary of the signing of the Treaty consideration of the nomination of George H. Wu, of Rome, creating the European Economic Commu- to be United States District Judge for the Central nity among 6 European countries and laying the District of California; that there be 20 minutes, foundations for peace, stability, and prosperity in equally divided and controlled, for debate between Europe. Page S3779 the Chairman and Ranking Member of the Com- Use of Capitol Rotunda: Senate agreed to H. mittee on the Judiciary; that, upon conclusion of de- Con. Res. 66, permitting the use of the Rotunda of bate, Senate vote on the confirmation of the nomina- the Capitol for a ceremony as part of the commemo- tion. Page S3779 ration of the days of remembrance of victims of the Nominations Received: Senate received the fol- Holocaust. Page S3779 lowing nominations: Emergency Supplemental Appropriations: Senate R. Lyle Laverty, of Colorado, to be Assistant Sec- began consideration of H.R. 1591, making emer- retary for Fish and Wildlife. gency supplemental appropriations for the fiscal year Janet E. Garvey, of Massachusetts, to be Ambas- ending September 30, 2007, taking action on the sador to the Republic of Cameroon. following amendments proposed thereto: R. Niels Marquardt, of California, to be Ambas- Pages S3735–42, S3747–48 sador to the Republic of Madagascar, and to serve D404

VerDate Aug 31 2005 04:02 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D26MR7.REC D26MRPT1 hmoore on PROD1PC68 with HMDIGEST March 26, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D405 concurrently and without additional compensation as Special Operations and Low-Intensity Conflict, both Ambassador to the Union of Comoros. of the Department of Defense. 3 Navy nominations in the rank of admiral. MARKET-BASED CARBON DIOXIDE A routine list in the Air Force. Pages S3779–80 TRADING Measures Placed on the Calendar: Page S3750 Committee on Energy and Natural Resources: Committee Additional Cosponsors: Pages S3750–51 concluded a hearing to examine the progress of the Statements on Introduced Bills/Resolutions: European Union’s Emissions Trading Scheme and to Pages S3751–59 receive information on lessons learned from the Scheme for policymakers who want to better under- Additional Statements: Pages S3748–50 stand how a market-based trading program could Amendments Submitted: Pages S3760–78 operate efficiently and effectively in the United Notices of Hearings/Meetings: Page S3778 States, after receiving testimony from Jos Delbeke, European Union Commission, Brussels, Belgium; Authorities for Committees to Meet: Page S3778 Per-Otto Wold, Point Carbon, Oslo, Norway; Garth Privileges of the Floor: Pages S3778–79 Edward, Shell Oil, London, England; Jean-Yves Adjournment: Senate convened at 2:30 p.m., and Caneill, Electricte de France, Paris; Bruno adjourned at 6:56 p.m., until 10 a.m. on Tuesday, Vanderborght, Holcim Cement, Zurich, Switzerland; March 27, 2007. (For Senate’s program, see the re- and Denny Ellerman, The Massachusetts Institute of marks of the Majority Leader in today’s Record on Technology Sloan School of Management, Cam- page S3779.) bridge. REAL ID ACT Committee Meetings Committee on Homeland Security and Governmental Af- (Committees not listed did not meet) fairs: Subcommittee on Oversight of Government Management, the Federal Workforce, and the Dis- APPROPRIATIONS: NATIONAL INSTITUTES trict of Columbia concluded a hearing to examine OF HEALTH the Real ID Act of 2005 and the proposed regula- Committee on Appropriations: Subcommittee on Labor, tions released by the Department of Homeland Secu- Health and Human Services, and Education and Re- rity on March 1, 2006, implementing Act, focusing lated Agencies concluded a hearing to examine pro- on efforts to secure drivers’ licenses and identifica- posed budget estimates for fiscal year 2008 for mind, tion cards, after receiving testimony from Richard C. brain and behavioral research at the National Insti- Barth, Assistant Secretary of Homeland Security for tutes of Health, after receiving testimony from Policy Development; Texas State Senator Leticia Van Thomas R. Insel, Director, National Institute of de Putte, Austin, on behalf of the National Con- Mental Health, Nora D. Volkow, Director, National ference of State Legislatures; Mayor Mufi Institute on Drug Abuse, Ting-Kai Li, Director, Na- Hannemann, Honolulu, Hawaii; and David Quam, tional Institute on Alcohol Abuse and Alcoholism, National Governors Association, Timothy D. James F. Battey, Jr., Director, National Institute on Sparapani, American Civil Liberties Union, and Jim Deafness and Other Communication Disorders, and Harper, Cato Institute, all of Washington, D.C. Story C. Landis, Director, National Institute of Neu- HUMAN TRAFFICKING rological Disorders and Stroke, all of the National Institutes of Health, Department of Health and Committee on the Judiciary: Subcommittee on Human Human Services. Rights and the Law concluded a hearing to examine the problem of human trafficking and the legal op- OFFICE OF THE UNDER SECRETARY OF tions to stop the problem, after receiving testimony DEFENSE FOR POLICY REORGANIZATION from Grace Chung Becker, Deputy Assistant Attor- Committee on Armed Services: Subcommittee Emerging ney General, Civil Rights Division, Department of Threats and Capabilities met to receive a briefing on Justice; Katherine Kaufka, National Immigrant Jus- the reorganization of the Office of the Under Sec- tice Center, Chicago, Illinois; and Martina E. Van- retary of Defense for Policy from Christopher R. denberg, Jenner and Block LLP, and Holly J. Henry, Principal Deputy Under Secretary for Policy, Burkhalter, International Justice Mission, both of and Thomas W. O’Connell, Assistant Secretary for Washington, D.C.

VerDate Aug 31 2005 04:02 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D26MR7.REC D26MRPT1 hmoore on PROD1PC68 with HMDIGEST D406 CONGRESSIONAL RECORD — DAILY DIGEST March 26, 2007 House of Representatives nate the Federal building located at 167 North Main Chamber Action Street in Memphis, Tennessee, as the ‘‘Clifford Public Bills and Resolutions Introduced: 29 pub- Davis/Odell Horton Federal Building’’; lic bills, H.R. 1675–1703; 1 private bill, H.R. Pages H3021–22 1704; and 6 resolutions, H. Con. Res. 100 and H. Agreed to amend the title so as to read: ‘‘To re- Res. 266–268, 271–272, were introduced. designate the Federal building located at 167 North Pages H3079–80 Main Street in Memphis, Tennessee, as the ‘Clifford Additional Cosponsors: Pages H3080–81 Davis and Odell Horton Federal Building’.’’. Page H3022 Reports Filed: Reports were filed today as follows: H.R. 1019, to designate the United States cus- Rafael Martinez Nadal United States Custom- tomhouse building located at 31 Gonzalez Clemente house Building Designation Act: H.R. 1019, to Avenue in Mayaguez, Puerto Rico, as the ‘‘Rafael designate the United States customhouse building Martinez Nadal United States Customhouse Build- located at 31 Gonzalez Clemente Avenue in Maya- ing’’ (H. Rept. 110–70); guez, Puerto Rico, as the ‘‘Rafael Martinez Nadal H.R. 1138, to designate the Federal building and United States Customhouse Building’’; United States courthouse located at 306 East Main Pages H3022–23 Street in Elizabeth City, North Carolina, as the ‘‘J. J. Herbert W. Small Federal Building and Herbert W. Small Federal Building and United United States Courthouse Designation Act: H.R. States Courthouse’’ (H. Rept. 110–71); 1138, to designate the Federal building and United H.R. 753, to redesignate the Federal building lo- States courthouse located at 306 East Main Street in cated at 167 North Main Street in Memphis, Ten- Elizabeth City, North Carolina, as the ‘‘J. Herbert nessee, as the ‘‘Clifford Davis/Odell Horton Federal W. Small Federal Building and United States Court- Building’’, with amendments (H. Rept. 110–72); house’’; Pages H3023–24 H.R. 493, to prohibit discrimination on the basis of genetic information with respect to health insur- Maritime Pollution Prevention Act of 2007: ance and employment, with an amendment (H. H.R. 802, amended, to amend the Act to Prevent Pollution from ships to implement MARPOL Annex Rept. 110–28, Pt. 2); 2 H. Res. 269, providing for consideration of H.R. VI, by a ⁄3 yea-and-nay vote of 359 yeas to 48 nays, 835, to reauthorize the programs of the Department Roll No. 187; Pages H3025–28, H3053 of Housing and Urban Development for housing as- Agreed to amend the title so as to read: ‘‘To sistance for Native Hawaiians (H. Rept. 110–73); amend the Act to Prevent Pollution from Ships to and implement MARPOL Annex VI.’’. Page H3053 H. Res. 270, providing for consideration of H.R. Disadvantaged Business Disaster Eligibility 1401, to improve the security of railroads, public Act: H.R. 1468, amended, to ensure that, for each transportation, and over-the-road buses in the United small business participating in the 8(a) business de- States (H. Rept. 110–74). Pages H3078–79 velopment program that was affected by Hurricane Speaker: Read a letter from the Speaker wherein she Katrina of 2005, the period in which it can partici- appointed Representative Castor to act as Speaker pate is extended by 18 months; Pages H3029–31 pro tempore for today. Page H3019 Animal Fighting Prohibition Enforcement Act Recess: The House recessed at 12:39 p.m. and re- of 2007: H.R. 137, amended, to amend title 18, convened at 2:00 p.m. Page H3020 United States Code, to strengthen prohibitions against animal fighting, by a 2⁄3 yea-and-nay vote of Permanent Select Committee on Intelligence— 368 yeas to 39 nays, Roll No. 188; Appointment: The Chair announced that the Speak- Pages H3031–36, H3053–54 er’s appointment of the remaining 19 members of the Permanent Select Committee on Intelligence on Amending chapter 35 of title 28, United States January 17, 2007, is made notwithstanding the re- Code, to provide for a 120-day limit to the term quirement of clause 11(a)(1)(C) of rule X. Page H3021 of a United States attorney appointed on an in- terim basis by the Attorney General: H.R. 580, Suspensions: The House agreed to suspend the rules amended, to amend chapter 35 of title 28, United and pass the following measures: States Code, to provide for a 120-day limit to the Clifford Davis/Odell Horton Federal Building term of a United States attorney appointed on an in- Designation Act: H.R. 753, amended, to redesig- terim basis by the Attorney General, by a 2⁄3 yea-

VerDate Aug 31 2005 04:02 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D26MR7.REC D26MRPT1 hmoore on PROD1PC68 with HMDIGEST March 26, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D407 and-nay vote of 329 yeas to 78 nays, Roll No. 189; Refugees: What is America’s Obligation? Testimony and Pages H3036–41, H3054–55 was heard from Ellen Sauerbrey, Assistant Secretary, Amending the Safe, Accountable, Flexible, Effi- Bureau of Population, Refugees, and Migration, De- cient Transportation Equity Act: A Legacy for partment of State; and public witnesses. Users to make technical corrections: H.R. 1195, amended, to amend the Safe, Accountable, Flexible, GENERIC BIOTECH DRUGS Efficient Transportation Equity Act: A Legacy for Committee on Oversight and Government Reform: Held a Users to make technical corrections. Pages H3041–52 hearing on Safe and Affordable Biotech Drugs—The Recess: The House recessed at 3:13 p.m. and recon- Need for a Generic Pathway. Testimony was heard vened at 5 p.m. Page H3031 from Janet Woodcock, M.D., Deputy Commissioner, Recess: The House recessed at 6:15 p.m. and recon- Operations and Chief Medical Officer, FDA, Depart- vened at 6:30 p.m. Page H3053 ment of Health and Human Services; and public witnesses. Suspension—Proceedings Postponed: The House debated the following measure under suspension of RAIL AND PUBLIC TRANSPORTATION the rules. Further proceedings were postponed until Tuesday, March 27th: SECURITY ACT OF 2007 Supporting the goals and ideals of Professional Committee on Rules: Granted, by a vote of 7 to 4, a Social Work Month and World Social Work Day: structured rule. The rule provides 1 hour and 20 H. Res. 266, to support the goals and ideals of Pro- minutes of general debate on H.R. 1401, Rail and fessional Social Work Month and World Social Public Transportation Security Act of 2007, with 1 Work Day. Pages H3028–29 hour equally divided and controlled by the chairman and ranking minority member of the Committee on NATO Freedom Consolidation Act of 2007: The Homeland Security and 20 minutes equally divided House agreed by unanimous consent to S. 494, to and controlled by the chairman and ranking minor- endorse further enlargement of the North Atlantic ity member of the Committee on Transportation and Treaty Organization (NATO) and to facilitate the timely admission of new members to NATO—clear- Infrastructure. The rule waives all points of order against consideration of the bill except those arising ing the measure for the President. Pages H3055–56 under clauses 9 and 10 of Rule XXI. The rule pro- Senate Message: Message received from the Senate vides that the amendment in the nature of a sub- today appears on page H3060. stitute recommended by the Committee on Home- Quorum Calls—Votes: Three yea-and-nay votes de- land Security shall be considered as an original bill veloped during the proceedings of today and appear for the purpose of amendment and shall be consid- on pages H3053, H3053–54, and H3054–55. There ered as read. were no quorum calls. The rule makes in order only those amendments Adjournment: The House met at 12:30 p.m. and printed in the Rules Committee report accom- adjourned at 10:23 p.m. panying the resolution. The rule provides that the amendments made in order may be offered only in Committee Meetings the order printed in the report, may be offered only by a Member designated in the report, shall be con- SELECT INTELLIGENCE OVERSIGHT sidered as read, shall be debatable for the time speci- Committee on Appropriations: Subcommittee on Select fied in the report equally divided and controlled by Intelligence Oversight met in executive session to the proponent and an opponent, shall not be subject hold a hearing on the National Security Agency. to amendment, and shall not be subject to a demand Testimony was heard from departmental witnesses. for division of the question in the House or in the INTERNATIONAL TRADE IMPACTS ON Committee of the Whole. The rule waives all points WORKERS of order against the amendments printed in the re- Committee on Education and Labor: Held a hearing on port except for those arising under clauses 9 and 10 How Effective are Existing Programs in Helping of Rule XXI. Finally, the rule provides 1 motion to Workers Impacted by International Trade? Testi- recommit with or without instructions. Testimony mony was heard from public witnesses. was heard from Chairman Thompson and Chairman Oberstar, Representatives Jackson-Lee of Texas, IRAQI VOLUNTEERS Arcuri, Cohen, King of New York, Lungren, Dent, Committee on Foreign Affairs: Subcommittee on the Brown-Waite, Mica, Brown of South Carolina and Middle East and South Asia held a hearing on Iraqi Sessions.

VerDate Aug 31 2005 04:02 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D26MR7.REC D26MRPT1 hmoore on PROD1PC68 with HMDIGEST D408 CONGRESSIONAL RECORD — DAILY DIGEST March 26, 2007 HAWAIIAN HOMEOWNERSHIP Full Committee, to hold hearings to examine ensuring OPPORTUNITY ACT safe medicines and medical devices for children, 1 p.m., SD–430. Committee on Rules: Granted, by a vote of 7 to 4, a Committee on the Judiciary: to hold oversight hearings to closed rule. The rule provides 1 hour of general de- examine the Federal Bureau of Investigation, 9:30 a.m., bate on H.R. 835, Hawaiian Homeownership Op- SD–106. portunity Act of 2007, equally divided and con- Committee on Veterans’ Affairs: to hold an oversight hear- trolled by the chairman and ranking minority mem- ing to examine Department of Veterans Affairs and De- ber of the Committee on Financial Services. The rule partment of Defense cooperation and collaboration, focus- waives all points of order against the bill and against ing on health care issues, 9:30 a.m., SR–418. its consideration except those arising under clauses 9 Select Committee on Intelligence: to hold closed hearings to and 10 of Rule XXI. The rule provides that the bill examine intelligence matters, 2:30 p.m., SH–219. be considered as read. Finally, the rule provides 1 House motion to recommit with or without instructions. Testimony was heard from Representatives Aber- Committee on Agriculture, Subcommittee on Conserva- tion, Credit, Energy, and Research, hearing to review crombie and Hirono. credit availability in rural America, 10 a.m., 1302 Long- f worth. Committee on Appropriations, Subcommittee on Com- NEW PUBLIC LAWS merce, Justice, Science, and Related Agencies, on State (For last listing of Public Laws, see DAILY DIGEST, p. D389) and Local Grants, 10 a.m., and on Bureau of Prisons/U.S. H.R. 584, to designate the Federal building lo- Marshal Service/Office of Federal Detention Trustee, 2 cated at 400 Maryland Avenue Southwest in the p.m., H–309 Capital. District of Columbia as the ‘‘Lyndon Baines Johnson Subcommittee on Financial Services and General Gov- Department of Education Building’’. Signed on ernment, on SEC, 10 a.m., 2220 Rayburn. Subcommittee on Homeland Security, on Priorities in March 23, 2007. (Public Law 110–15) Enforcing Immigration Laws and Temporary Worker Pro- f gram, 2 p.m., 2358 Rayburn. Subcommittee on Interior, Environment and Related COMMITTEE MEETINGS FOR TUESDAY, Agencies, on National Park Service, 9:30 a.m., B–308 MARCH 27, 2007 Rayburn. (Committee meetings are open unless otherwise indicated) Subcommittee on Labor, Health and Human Services, Education and Related Agencies, on public witnesses, 10 Senate a.m., and 2 p.m., 2359 Rayburn. Committee on Armed Services: to hold hearings to examine Subcommittee on Legislative Branch, Government the nominations of James R. Clapper, Jr., of Virginia, to Printing Office: Budget/Printing Technology in the 21st be Under Secretary of Defense for Intelligence, Claude M. Century, 1:30 p.m., H–144 Capitol. Kicklighter, of Georgia, to be Inspector General, Depart- Subcommittee on State, Foreign Operations, and Re- ment of Defense, S. Ward Casscells, of Texas, to be an lated Programs, on International Organizations and Inter- Assistant Secretary of Defense, and William Charles national Peacekeeping Programs, 10 a.m., 2362B Ray- Ostendorff, of Virginia, to be Principal Deputy Adminis- burn. trator, National Nuclear Security Administration, with Subcommittee on Transportation, and Housing and the possibility of an executive session in SR–222 fol- Urban Development, and Related Agencies, on Housing lowing the open session, 9:30 a.m., SH–216. Needs of Special Populations, 10 a.m., 2358 Rayburn. Subcommittee on Emerging Threats and Capabilities, Committee on Armed Services, Subcommittee on Air and to receive a closed briefing on Special Operations Com- Land Forces, hearing on Army ground force acquisition mand’s global operation, 3:30 p.m., S–407, Capitol. programs, 10 a.m., 2118 Rayburn. Committee on Commerce, Science, and Transportation: to Subcommittee on Military Personnel, hearing on the hold hearings to examine competition and consumer state of the military health care system, 9 a.m., 2212 choice relating to exclusive sports programming, 10 a.m., Rayburn. SR–253. Subcommittee on Readiness, hearing on the readiness Committee on Finance: business meeting to consider sub- of the Army and Air National Guard, 3 p.m., 2118 Ray- committee assignments for the 110th Congress, time to burn. be announced, SD–215. Subcommittee on Strategic Forces, hearing on the Fis- Full Committee, to hold hearings to examine opportu- cal Year 2008 National Defense Authorization Budget nities and challenges in the U.S.-China economic relation- Request for missile defense programs, 3 p.m., 2212 Ray- ship, 10 a.m., SD–215. burn. Committee on Health, Education, Labor, and Pensions: to Committee on Education and Labor, Subcommittee on hold hearings to examine the Employee Free Choice Act, Workforce Protections, hearing on Providing Fairness to focusing on restoring economic opportunity for working Workers Who Have Been Misclassified as Independent families, 9:30 a.m., SD–430. Contractors, 10 a.m., 2175 Rayburn.

VerDate Aug 31 2005 04:02 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D26MR7.REC D26MRPT1 hmoore on PROD1PC68 with HMDIGEST March 26, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D409

Committee on Energy and Commerce, Subcommittee on En- Subcommittee on International Organizations, Human ergy and Air Quality, hearing entitled ‘‘Climate Rights, and Oversight and the Subcommittee on the Change—International Issues, Engaging Developing Middle East and South Asia, joint hearing on Can Iraq Countries,’’ 10 a.m., 2322 Rayburn. Pay for its Own Reconstruction? 2 p.m., 2172 Rayburn. Subcommittee on Health, hearing entitled ‘‘Insuring Committee on the Judiciary, Subcommittee Crime, Ter- Bright Futures: Improving Access to Dental Care and rorism, and Homeland Security, hearing on Criminal Jus- Proving A Healthy Start for Children,’’ 10 a.m., 2123 tice Responses to Offenders with Mental Illness; followed Rayburn. by a markup of H.R. 1593, To reauthorize the grant pro- Committee on Financial Services, Subcommittee on Finan- gram for reentry of offenders into the community in the cial Institutions, hearing entitled ‘‘Subprime and Preda- Omnibus Crime Control and Safe Streets Act of 1968, to tory Lending: New Regulatory Guidance, Current Market improve reentry planing and implementation, 1 p.m., Conditions, and Effects on Regulated Financial Institu- tions,’’ 10 a.m., 2128 Rayburn. 2141 Rayburn. Subcommittee on Housing and Community Oppor- Committee on Natural Resources, oversight hearing on Ac- tunity, hearing entitled ‘‘Perspectives on Natural Disaster cess Denied: The Growing Conflict Between Fishing, Insurance,’’ 2 p.m., 2128 Rayburn. Hunting, and Energy Development on Federal Lands, Committee on Foreign Affairs, to mark up the following 10:30 a.m., 1324 Longworth. measures: H.R. 982, ADVANCE Democracy Act of Committee on Oversight and Government Reform, Sub- 2007; H.R. 1405, Wildlife GAINS Act of 2007; H.R. committee on Federal Workforce, Postal Service, and the 1441, Stop Arming Iran Act; H.R. 1469, Senator Paul District of Columbia, to mark up H.R. 1124, To extend Simon Study Abroad Foundation Act of 2007; the Amer- the District of Columbia College Access Act of 1999, 2 ican Red Cross Governance Modernization Act of 2007; p.m., 2154 Rayburn. the Torture Victims Relief Reauthorization Act of 2007; Committee on Rules, to consider the following: H.R. H. Res. 100, Expressing the sympathy of the House of 1538, Wounded Assistance Act of 2007; and H. Con. Representatives to the families of women and girls mur- Res. 99, revising the congressional budget for the United dered in Guatemala and encouraging the Government of States Government for the fiscal year 2007, establishing Guatemala to bring an end to these crimes; H. Res. 158, the congressional budget for the United States Govern- Observing the 200th anniversary of the abolition of the ment for fiscal year 2008, and setting forth appropriate British slave trade and encouraging the people of the budgetary levels for fiscal years 2009 through 2012, 4 United States, particularly the youth of the United States, p.m., H–313 Capitol. to remember the life and legacy of William Wilberforce, Committee on Transportation and Infrastructure, Sub- a member of the British House of Commons who devoted committee on Coast Guard and Maritime Transportation, his life to the suppression and abolition of the institution hearing on Crimes Against Americans on Cruise Ships, of slavery, and to work for the protection of human rights 10 a.m., 2167 Rayburn. throughout the world; H. Res. 196, Supporting the goals and ideals of World Water Day; and H. Res. 240, Urg- Subcommittee on Highways and Transit, hearing on ing all member countries of the International Commission the Structure of the Federal Fuel Tax and the Long-Term of the International Tracing Service (ITS) who have yet Viability of the Highways Trust Fund, 2 p.m., 2167 to ratify the May 2006 Amendments to the 1955 Bonn Rayburn. Accords Treaty, to expedite the ratification process to Committee on Ways and Means, Subcommittee on Health, allow for open access to the Holocaust archives located at hearing on Mental Health and Substance Abuse Parity, Bad Arolsen, Germany, 10:30 a.m., 2172 Rayburn. 10 a.m., 1100 Longworth. Subcommittee on Asia, the Pacific, and the Global En- Permanent Select Committee on Intelligence, executive, hear- vironment, hearing on U.S.-China Relations, 2 p.m., ing on Integration of Domestic Intelligence, 2 p.m., 2200 Rayburn. H–405 Capitol.

VerDate Aug 31 2005 04:02 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D26MR7.REC D26MRPT1 hmoore on PROD1PC68 with HMDIGEST D410 CONGRESSIONAL RECORD — DAILY DIGEST March 26, 2007

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Tuesday, March 27 10:30 a.m., Tuesday, March 27

Senate Chamber House Chamber Program for Tuesday: After the transaction of any Program for Tuesday: Consideration of the following morning business (not to extend beyond 60 minutes), suspensions: (1) H.R. 1562—Katrina Housing Tax Relief Senate will continue consideration of H.R. 1591, Emer- Act of 2007; (2) H.R. 1132—National Breast and Cer- gency Supplemental Appropriations. At 11:50 a.m., Sen- vical Cancer Early Detection Program Reauthorization ate will begin consideration of the nomination of George Act of 2007; (3) H.R. 477—Stroke Treatment and Ongo- H. Wu, to be United States District Judge for the Cen- ing Prevention Act; and (4) H.R. 727—Trauma Care Sys- tral District of California and after a period of debate vote tems Planning and Development Act of 2007. Consider- on confirmation thereon. ation of H.R. 1401—Rail and Public Transportation Se- (Senate will recess following the vote on the nomination (list- curity Act of 2007 (Subject to a Rule). ed above) until 2:15 p.m. for their respective party conferences.)

Extensions of Remarks, as inserted in this issue

HOUSE Jefferson, William J., La., E640 Schakowsky, Janice D., Ill., E647 Jordan, Jim, Ohio, E646 Shimkus, John, Ill., E648 Baca, Joe, Calif., E648 Kildee, Dale E., Mich., E642 Towns, Edolphus, N.Y., E639, E639, E641, E642, E643, Brown, Corrine, Fla., E641 Kirk, Mark Steven, Ill., E647 E643, E644, E645, E645, E646 Capuano, Michael E., Mass., E640 McCollum, Betty, Minn., E643 Weldon, Dave, Fla., E647 Davis, Susan A., Calif., E642 Moore, Dennis, Kans., E644 Westmoreland, Lynn A., Mac, Ga., E649 Edwards, Chet, Tex., E648 Neal, Richard E., Mass., E641 Emanuel, Rahm, Ill., E648 Porter, Jon C., Nev., E639, E640, E642, E643, E643 Wilson, Joe, S.C., E645 Etheridge, Bob, N.C., E649 Rahall, Nick J., II, W.Va., E645

E PL UR UM IB N U U S The Congressional Record (USPS 087–390). The Periodicals postage is paid at Washington, D.C. The public proceedings of each House Congressional Record of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed one time. ¶ Public access to the Congressional Record is available online through GPO Access, a service of the Government Printing Office, free of charge to the user. The online database is updated each day the Congressional Record is published. The database includes both text and graphics from the beginning of the 103d Congress, 2d session (January 1994) forward. It is available through GPO Access at www.gpo.gov/gpoaccess. Customers can also access this information with WAIS client software, via telnet at swais.access.gpo.gov, or dial-in using communications software and a modem at 202–512–1661. Questions or comments regarding this database or GPO Access can be directed to the GPO Access User Support Team at: E-Mail: [email protected]; Phone 1–888–293–6498 (toll-free), 202–512–1530 (D.C. area); Fax: 202–512–1262. The Team’s hours of availability are Monday through Friday, 7:00 a.m. to 5:30 p.m., Eastern Standard Time, except Federal holidays. ¶ The Congressional Record paper and 24x microfiche edition will be furnished by mail to subscribers, free of postage, at the following prices: paper edition, $252.00 for six months, $503.00 per year, or purchased as follows: less than 200 pages, $10.50; between 200 and 400 pages, $21.00; greater than 400 pages, $31.50, payable in advance; microfiche edition, $146.00 per year, or purchased for $3.00 per issue payable in advance. The semimonthly Congressional Record Index may be purchased for the same per issue prices. To place an order for any of these products, visit the U.S. Government Online Bookstore at: bookstore.gpo.gov. Mail orders to: Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250–7954, or phone orders to 866–512–1800 (toll free), 202–512–1800 (D.C. area), or fax to 202–512–2250. Remit check or money order, made payable to the Superintendent of Documents, or use VISA, MasterCard, Discover, American Express, or GPO Deposit Account. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record. POSTMASTER: Send address changes to the Superintendent of Documents, Congressional Record, U.S. Government Printing Office, Washington, D.C. 20402, along with the entire mailing label from the last issue received.

VerDate Aug 31 2005 04:02 Mar 27, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 0664 Sfmt 0664 E:\CR\FM\D26MR7.REC D26MRPT1 hmoore on PROD1PC68 with HMDIGEST