28510 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 October 29, 2007 SENATE—Monday, October 29, 2007

The Senate met at 3 p.m. and was SCHEDULE In Las Vegas, even though it still called to order by the Honorable MARIA Mr. REID. Madam President, the reaches the high 80s during the day CANTWELL, a Senator from the State of Senate will be in a period of morning this time of year, even now you can Washington. business for 90 minutes, with the first feel an overnight chill in the air. There hour under the control of Senator are parts of Nevada that are really PRAYER BOXER and the remaining 30 minutes cold. We have had freezing weather in The Chaplain, Dr. Barry C. Black, of- under the control of the Republicans. Ely and Elko already this year. fered the following prayer. Following morning business, the Sen- As the temperature falls all over the Let us pray. ate will resume consideration of the country, we begin to think about the O God, our Father, we wait to serve Amtrak legislation. While no rollcall cost of heating our homes for the win- You as You desire. Make us alert to the votes will occur today, Members should ter. That cost has risen steadily during needs of those lives You seek to touch. be here to offer amendments, if they the 7 years of the Bush administration, Lead us to opportunities to transform have any, to this legislation. and we have become even more depend- hurting people, bringing relief to cap- As a reminder, a bipartisan cloture ent on fossil fuel. tives and comfort to the oppressed. motion was filed on the Amtrak legis- This morning, as our thoughts turned Empower Your Senators in this en- lation. Members should file all ger- toward the cold months ahead, the deavor. Use them as ambassadors of mane amendments by 3:30 today. price of oil rose to an all-time record of $93 a barrel. If we don’t turn the tide by reconciliation. Give them such win- f some dispositions that they will bless reducing our dependence on oil and for- even those who are hard of heart and MEASURE PLACED ON eign energy sources, every American withered in spirit. May they comfort CALENDAR—S. 2247 will be forced to pay more and more to those who are brought low by sorrow, Mr. REID. Madam President, I under- heat our homes and fill our gas tanks. and lift those who are bowed by life’s stand that S. 2247 is at the desk and is I went over to my office in the Hart burden. Use them to inspire those who due for a second reading. building today. I don’t get over there walk through the valley of shadows. The ACTING PRESIDENT pro tem- as much as I would like, but I went We pray in Your precious Name. pore. The clerk will read the title of around and talked to everybody. I have Amen. the bill for the second time. a wonderful employee who has been The legislative clerk read as follows: with me for many years. Her name is f A bill (S. 2247) to amend the Internal Rev- Carrie. She lives in Mechanicsville, MD. When the rain hit, it took her 3 PLEDGE OF ALLEGIANCE enue Code of 1986 to make permanent the de- preciation classification of motorsports en- hours to get to work and 21⁄2 hours to The Honorable MARIA CANTWELL led tertainment complexes. get home. On a normal day, it takes an the Pledge of Allegiance, as follows: Mr. REID. Madam President, I object hour and a half. She sold her vehicle I pledge allegiance to the Flag of the to any further proceedings with respect she loved so much, which was a Chev- United States of America, and to the Repub- to this legislation. rolet Tahoe. It would cost her $40 every lic for which it stands, one nation under God, 2 days for gasoline. She bought a small- indivisible, with liberty and justice for all. The ACTING PRESIDENT pro tem- pore. Objection is heard. The bill will er car, and her cost for fuel has dropped f be placed on the calendar. significantly. Not just Carrie, but ev- f erybody in the country is more aware APPOINTMENT OF ACTING of the cost of energy. Whether it is for PRESIDENT PRO TEMPORE ORDER OF PROCEDURE their vehicles or whether it is for their The PRESIDING OFFICER. The Mr. REID. Madam President, I ask homes, the cost of oil is significant. clerk will please read a communication unanimous consent that my remarks We are addicted to oil. That is not to the Senate from the President pro not count against the time of Senator just me saying that. Even President tempore (Mr. BYRD). BOXER or the Republicans. Bush said it—even though I think he The legislative clerk read the fol- The ACTING PRESIDENT pro tem- hasn’t done anything about it. He ac- lowing letter: pore. Without objection, it is so or- knowledged we are addicted to oil. I U.S. SENATE, dered. have said on the floor time and again, PRESIDENT PRO TEMPORE, f and I will say it again today: Today in Washington, DC, October 29, 2007. America, we will burn 21 million bar- To the Senate: PASSING THE ENERGY BILL rels of oil. Tomorrow, we will use the Under the provisions of rule I, paragraph 3, Mr. REID. Madam President, last same; the day after, the same. It is not of the Standing Rules of the Senate, I hereby night, temperatures fell in many parts going down, it is going up. We use 21 appoint the Honorable MARIA CANTWELL, a of the east coast and, frankly, even the million barrels of oil a day. That is al- Senator from the State of Washington, to west coast has been getting cold. It was most 3 gallons for every man, woman, perform the duties of the Chair. ROBERT C. BYRD, cold in Searchlight. I talked to my and child in our country every day. President pro tempore. brother this morning and he had to That is enough oil, every day, to fill a start his fire. Searchlight is much cold- Ms. CANTWELL thereupon assumed swimming pool, or an oil pool, 10 feet er than Las Vegas. In parts of northern the chair as Acting President pro tem- deep, the length and width of 200 foot- Nevada, it has been very cold. pore. ball fields—every day. How does the All over America, and this morning Earth have that much oil? But it does. f in the DC area, for the first time this Day after day, we consume oil at year, people had to reach into their twice the rate of any other industri- RECOGNITION OF THE MAJORITY closets for scarves, heavier suits, and alized nation. Our consumption only LEADER even coats for the first time this sea- continues to go up. This oil addiction The ACTING PRESIDENT pro tem- son. In other parts of the country, has become a three-pronged crisis: It pore. The majority leader is recog- there have been colder days earlier. In does threaten our economy, no ques- nized. DC, this is the first 1 we have gotten. tion about that. Look what it has done

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

VerDate Mar 15 2010 13:48 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR07\S29OC7.000 S29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 29, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 28511 to our environment. It is threatening solar panels today, with today’s tech- Today’s record oil prices alone should our national security. nology, and supply enough electricity be enough to convince us we must act A 10-percent increase in oil prices for the whole country. It can be done. quickly to complete the Energy bill costs an estimated 150,000 Americans It is not being done because we have and pass it into law. the utilities which, in most every place jobs and more than $100 billion of f American dollars. in the country, are regulated monopo- Since 2001, oil prices have risen by lies. They don’t want to do it because RESERVATION OF LEADER TIME more than 230 percent. So clearly these it is easier to use fossil fuel. Natural The ACTING PRESIDENT pro tem- impacts are real and harmful to work- gas is expensive, so now we have a mad pore. Under the previous order, the ing families. rush to coal. leadership time is reserved. Those hard-working, hard-earned I so appreciate that Kansas and Okla- American dollars are coming out of the homa, in the last couple of weeks, said: f pockets of families, and where is it No coal. This is the area we all need to MORNING BUSINESS going? Overseas. Last year, Americans look to, the States of Kansas and Okla- The ACTING PRESIDENT pro tem- sent almost $300 billion to foreign homa. We should look to them as role pore. Under the previous order, the countries to pay for imported oil. I am models because they have done the Senate will proceed to a period for the not stretching the truth to say that right thing. transaction of morning business for 90 many of those dollars went to govern- We also need more cooperation from minutes, with Senators permitted to ments that don’t have our foreign pol- energy companies. The utilities aren’t speak therein for up to 10 minutes icy interests at heart. going to do it. Last year, oil companies each, with Senator BOXER controlling Meanwhile, the world’s leading sci- brought in almost $120 billion in prof- the first 60 minutes, and the last 30 entists have reached a consensus that its. Yet they are doing nothing to help minutes under the control of the Re- the global warming crisis is real, grave, us. The automobile industry is doing publicans. and it is growing. The Nobel Peace nothing to help us. Certainly, the The Senator from California. Prize was offered this year to, of Bush-Cheney administration—the most course, Al Gore and the U.N. study energy-dependent administration in f history—nobody has been closer to the group, which shared it with him, deal- GLOBAL WARMING ing with global warming. oil industry than this administration. Global warming is here. For people to They both made their fortunes in oil. Mrs. BOXER. Madam President, I write, as some do—people who are so Instead, though, lobbyists for the oil, have been waiting to speak to the Sen- determined to say there is no global auto, and coal industries are trying ate to place in the RECORD the case their best to weaken our bill or stop its warming, that is a figment of their that we have to make to take action to progress. In Nevada, I came out against imagination. It is here. Why? Because ease the impact of unfettered global the coal-fired plants they are pushing of our gluttony for oil. warming. I think most Americans there. They are spending millions of Earlier this year, the House and Sen- know by now—at least those who fol- dollars in the small State of Nevada to ate both passed a landmark, com- low environmental issues—that on our try to show I am wrong by opposing prehensive piece of energy legislation committee, we have Senator INHOFE, coal-fired plants, saying: We want to to tackle each prong of the energy cri- who is the former chairman, in a very build a bridge to alternative energy. sis. If we can finalize this and help different place than the current chair- Let us build a few coal-fired plants and lower prices by reducing our depend- man, myself. Senator INHOFE spoke for then we will do it. ence upon oil, we would be developing a couple of hours on this subject last That is a lost cause. They are doing week, and I told him I would come renewable fuel alternatives and pun- that because it is the cheapest way to ishing price gougers and begin to turn down and put forward my thoughts. I do it. They could build solar plants, am sure he will want to respond to the tide of global warming. wind, and geothermal for no more than The legislation we passed was bipar- what I say. That is what the Senate what it cost to build these coal-fired should be. We should be able to debate. tisan. It wasn’t just a Democratic bill. plants. It would be as many construc- We had Republican help. I am happy to I have been looking forward to this de- tion jobs, but it would be something bate because, frankly, there are very see the Presiding Officer here today be- different. If it hasn’t been done before, cause no one in recent years has done few isolated and lonely voices who they don’t want to do it. Imagine keep on saying we do not have to worry more to focus on the problems with en- where we would be today if they agreed about global warming. Those voices are ergy than the Senator from Wash- to join us in this fight. We know the getting fewer and fewer. ington, Senator CANTWELL. Because of administration simply had secret The reality is that a growing and di- the strength and conviction of the Sen- meetings and made sweetheart deals verse group of voices has recognized ator from Washington, who was at- with the oil companies, and they re- the importance of addressing global tacked personally in her last election fused to let the press know about it. warming. campaign, because she was on the right The press went to court, and the court Here are a few calls to action. Some side of the issue, it didn’t affect her; in upheld the secrecy of the White House. fact, it probably helped her. The time to stand in the way of might surprise you. For example, We have to turn the tide of global progress should be long past. Since we President Bush, on September 28, said: warming. Remember, we use 21 million passed the Energy bill on a bipartisan [Y]ears from now our children are going to barrels of oil a day. By increasing our basis, Senate Republicans have stopped look back at the choices we make today, at CAFE standards by 2020, we can save us from going to conference. We cannot this deciding moment. . . . well over a million barrels a day, and stop. We need to continue to work with He goes into it and says: some say even more. the House to pass a bill, despite these . . . it will be a moment when we turn the In our legislation, we require an addi- challenges. I hope and believe Demo- tide against greenhouse gas emissions in- tional savings of 10 million barrels a crats and Republicans will find com- stead of allowing the problem to grow. . . . day, on average, by 2030. We set an am- mon ground and set a new course that This is President Bush in September. bitious schedule to replace about one- will keep us safe for our economy and Again, some of these voices are sur- fifth of our petroleum consumption protect our planet. prising as we build our case for action with renewable fuels. In the Senate, our bill had something in the Senate. At the Nevada Test Site, where we the House bill didn’t. It raises CAFE Gov. Charlie Crist, a Republican Gov- set off approximately a thousand nu- standards, a renewable portfolio. It ernor from Florida, said: clear devices—most of them under- seems we ought to be able to marry the We’re all on the same planet. We need to ground and a few above ground—you two and agree to the demand of the work together to make sure the environment could cover that Nevada Test Site with American people. is an issue at the forefront. It shouldn’t be a

VerDate Mar 15 2010 13:48 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR07\S29OC7.000 S29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28512 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 October 29, 2007 political issue. It’s a global issue. It’s not bi- of points. One, the science is strong, it Again, these are scientists from the partisan. It’s nonpartisan. is irrefutable, and a sound business fu- National Snow and Ice Data Center in Certainly, in my own State, Gov- ture for America lies in dealing with Boulder, CO. This is not a matter of ernor Schwarzenegger and the Demo- climate change. We cannot grow, we opinion; this is fact. They are meas- crats in the legislature have worked cannot move forward if we all of a sud- uring the ice. I was in Greenland. I saw very closely to make sure we move den turn around and our planet is it myself. Several of us went. It is the against unfettered global warming. under threat. We cannot have a busi- most awesome sight to behold, to see ‘‘Vatican to Become World’s First ness looking out 50 years that does not these icebergs, the size of a coliseum, Carbon-Neutral State.’’ This is very re- think about this. We have to think bigger than this beautiful Senate floor, cent, this year: about our grandkids and our great- taller than this room, floating into the The Vatican is installing solar panels and grandkids, and corporate America ocean. Each iceberg is an average of purchasing greenhouse gas offsets to become thinks about the people who are going 9,000 years old, and they melt within 12 the first carbon-neutral sovereign state. to come forward to continue the work months from the time they get into the We can see that everyone is working of that corporation. They recognize the ocean. So let’s not put our heads in the together except for a few. It is unfortu- threat, but they also recognize the op- sand or under the water. nate because in the Senate, a few can portunities. More early warning signs: ‘‘China stop us from doing our work. We al- Let’s read from USCAP’s call for ac- Blames Climate Change for Extreme ready heard about some of the prob- tion. It is very clear: Weather.’’ This is China. China doesn’t lems we are having getting the Energy We believe that a national mandatory pol- really want to move forward. They bill through. But I am very optimistic icy on climate change will provide the basis have been slow to come to the table. because we have had a bipartisan for the United States to assert world leader- According to an official from Chinese Me- breakthrough in the Environment and ship in environmental and energy technology teorological Administration’s Department of Public Works Committee with Sen- innovation, a national characteristic for Forecasting Services and Disaster Mitiga- which the United States has no rival. Such ators WARNER and LIEBERMAN getting tion, ‘‘It should be said that one of the rea- leadership will assure U.S. competitiveness sons for the weather extremes this year has together and putting forward a very in this century and beyond. solid bill which, if it is enacted, will be been unusual atmospheric circulation brought about by global warming.’’ the most far-reaching global warming This is a very strong call for action bill in the world today. from Republicans, from Democrats, A lot of people around here say: Let’s Earlier this year, the U.S. Climate from Independents, from corporate not do anything until the Chinese come Action Partnership, known as USCAP, America, from the environmental com- to the table. Now the Chinese are tell- which includes major corporations, munity, and others that have joined to- ing us we better watch out for this joined together with environmental gether. global warming. groups to issue a call for action on All you have to do, Madam President, ‘‘As Sea Level Rises, Disaster Pre- global warming, calling for reductions is pick up a newspaper, any news- dicted for Va. Wetlands.’’ My col- of 60 to 80 percent in greenhouse gas paper—I don’t care if it is a Republican league, JOHN WARNER, was present at a emissions by 2050. I thought I would go editorial board, a Democratic editorial very important set of hearings where over some of the members of U.S. Cli- board, or Independent—and you will we looked at the impact of global mate Action Partnership because, see an amazing amount of evidence as warming on his State. It says: again, there are just a few voices out to global warming and its potential im- At least half, and perhaps as much as 80 there saying we are putting our head in pact. I am going to go through a few percent, of the wetlands would be covered in too much water to survive if sea levels rise the sand, this isn’t a problem. But recent headlines. I asked my staff—and they do an amazing job for me—to fol- 11⁄2 to 2 feet. The analysis was conducted by mainstream America is with the pro- Wetlands Watch, an environmental group. gram. Let me tell my colleagues who low the news and let me know what is being written, what the scientists are Senator WARNER and his colleagues they are. I am just going to read a few: from the DC area all came to that Alcoa, Boston Scientific Corporation, saying. So I am going to give you just an example of some of these headlines. hearing and were very concerned. BP America, Caterpillar, Inc., Chrys- ‘‘From Greenland to Antarctica, the ler, ConocoPhillips, Deere, Duke En- If we can walk away from this, then it seems to me we are being irresponsible. world is losing its ice faster than any- ergy, DuPont, Environmental Defense, one thought possible.’’ This was in the Ford Motor Company, General Elec- We have to listen to them. Early warning signs: ‘‘Greenhouse National Geographic. tric, General Motors, Johnson & John- Scientists are finding that glaciers and ice son, National Wildlife Federation, Nat- Gases Fueled 2006 U.S. Heat.’’ This is Reuters. sheets are surprisingly touchy. Instead of ural Resources Defense Council, melting steadily, like an ice cube on a sum- According to NOAA— PepsiCo, Pew Center on Global Climate mer day, they are prone to feedbacks, when Change, PG&E Corporation, Shell, Sie- That is the National Oceanic and At- melting begets more melting and the ice mens Corporation, Dow Chemical Com- mospheric Administration. That is the shrinks precipitously. pany, the Nature Conservancy, World Bush administration’s NOAA— This is what is happening. You can Resources Institute, and Xerox cor- ‘‘the annual average U.S. temperature in 2006 come down on this floor and you can poration. was 2.1 degrees Fahrenheit above the 20th put a blindfold over your eyes and you We can see the diverse members of century average and the ninth consecutive can put your hands over your ears and the American family from corporate year of above-normal U.S. temperatures’’ say: I see no problem, I hear no prob- and that this was a result of ‘‘greenhouse gas America to environmental organiza- emissions—not El Nino or other natural phe- lem. Then you are not really taking in tions that have gotten together and nomena.’’ the signs. have urged us to cap greenhouse gas ‘‘Fires a ‘Consequence of Climate This is our American Government emissions and cut them. It is very im- Change.’ ’’ This is touching my heart under the President who has been very portant that we think about the amaz- because my State has been burning, loath to move on global warming, ing coalition that is out there behind and all of my colleagues know this and warning us about these high tempera- us addressing global warming. When we all of them have been most wonderful tures. to us—to Senator FEINSTEIN and to hear some Senators come down to the ‘‘Scientists Report Severe Retreat of me—about offering help and assistance. floor of the Senate and say this is ri- Arctic Ice.’’ diculous, this isn’t an issue, just re- In the long run, we need to do some- The Cap of floating sea ice on the Arctic thing about global warming or we are member this list of mainstream Amer- Ocean, which retreats under summer’s ica urging us forward, urging us to act. warmth, this year shrank more than one going to have that horrible combina- Why should so many industries be million square miles—or six Californias— tion of drought, low humidity, high calling upon us to enact climate legis- below the average minimum area reached in temperatures, and terrible winds— lation? Because they recognize a couple recent decades. weather extremes, Madam President,

VerDate Mar 15 2010 13:48 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR07\S29OC7.000 S29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 29, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 28513 that you have experienced from time to Folks, this is mainstream thinking. quality, and environmental changes blamed time. This is what we are going to see. Mainstream thinking. We have to act. on global warming, have cut Europeans’ life Greek Prime Minister Costas ‘‘Likely Spread of Deserts to Fertile expectancy by nearly a year, Europe’s envi- Kerryman said: Land Requires Quick Response, U.N. ronmental agency warned.’’ The weather phenomena this year favored, Report Says,’’ New York Times. Well, Europe is moving forward. To as never before, the outbreak of destructive Enough fertile land could turn into desert be honest with you, the bills they are fires. We are already living with the con- within the next generation to create an ‘‘en- looking at in Europe don’t quite match sequences of climate change. vironmental crisis of global proportions’’ the bill we are looking at in the EPW This gives you an idea. There are based on a new U.N. report. The report warns Committee. That is why I am so proud some more. ‘‘Climate Change Pollution of large-scale migrations and political insta- of the work Senator LIEBERMAN and Rising—Thanks to Overwhelmed bility in parts of Africa and Central Asia. Senator WARNER have done, and we are Oceans and Plants.’’ The report recommends national and inter- only making this bill better. This is the ‘‘Scientific American.’’ national action to address global warming. ‘‘Report Calls on Europe to Move on We are not taking articles here to show Another call to action. And here, Global Warming.’’ you where there is bias. from the Intergovernmental Panel on The European Commission report warns The world’s oceans and forests are already Climate Change, which just won the that unless there is planning, European so full of CO2 that they are losing their abil- Nobel Peace Prize, along with former countries will face ‘‘increasingly frequent ity to absorb this climate change culprit. Vice President Al Gore: crises and disasters which will prove much This according to the Proceedings of Projected trends in climate-change-related more costly and also threaten Europe’s so- the National Academy of Sciences. exposures of importance to human health cial and economic systems and its security.’’ So, yes, someone is going to come to will increase the number of people suffering The point is, when you invest now, the floor and say: Oh, look at this from death, disease and injury from you save $5 later. That is a fact. We heatwaves, floods, storms, fires, and know that from Sir Nicholas Stern, great scientist, Mr. ABC, or whatever droughts. his name, and he is challenging this. who headed the World Bank. So to come down here and talk about Well, he is challenging the world’s Now, how about national security? the polar bear and say the polar bear is leading scientists. And I think it is One of the reasons I got so concerned fine—A, the polar bear is not fine, and very important to say there are always about this is when I learned what our we will talk about it; but this isn’t people who will say HIV doesn’t cause own Pentagon and our own intelligence about the polar bear. This is about AIDS; there are always people who will people are saying to us. And what are God’s creation that is in jeopardy. We say, geez, cigarette smoking doesn’t they saying to us? had testimony from scientists that 40 cause cancer; but thank God—thank A report commissioned by the Department percent of the species that were cre- God—this Government has followed the of Defense in 2003 found that the impacts of ated are going to be gone. Now, it is preponderance of the science and we global warming would cause the U.S. to our turn to do our part. That is why I now are making progress. How sad it ‘‘find itself in a world where Europe will be have been working so closely with the struggling internally, with large numbers of would be if America sits on the side- religious community, the evangelical refugees washing up on its shores and Asia in lines while the whole world looks to us community. They are concerned about serious crisis over food and water. Disrup- for leadership on global warming. God’s creation, and we ought to be. We tions and conflict will be endemic features of Here is this one. life.’’ talk a good game about it. We talk ‘‘The Future Is Drying Up.’’ And, of course, our Pentagon and our According to Nobel Laureate Steven Chu, about values. We talk about it, so let us do something to show we are willing Department of Defense are very con- diminished supplies of fresh water might cerned about that happening with our prove a far more serious problem than slowly to protect this gift from God we have rising seas. been given. allies in Europe. ‘‘Warming Will Exacerbate Global He also remarked: ‘‘Why Frogs Are Dying.’’ Climate change is no longer merely a mat- Water Conflicts.’’ ‘‘The most optimistic climate models for According to many studies, including the second half of this century suggest that ter of numbers from a computer model. With 30 to 70 percent of the snowpack will dis- startling swiftness, it is reordering the nat- the IPCC, changing weather patterns appear.’’ ural world. will leave millions of people without No wonder we have people visiting Newsweek. That is a Newsweek arti- dependable supplies of water for drink- our offices who are already hurting cle. ing, irrigation, and power. from the recreation industry in this We need scientific facts, not science Now, the reason I took so much time Nation. They see what is happening. fiction. In the past, we have had and made all these charts—because it They see the handwriting on the wall. science fiction writers come and testify did take a while to get them done—is We have to act. before our committee. Those days are to show the breadth and the depth of Here is this quote: over. the concern in this country, in the There’s a two-thirds chance there will be a ‘‘Global Warming May Be Behind In- world, to make the point that there is disaster, and that’s in the best case scenario. creases in Insects and Disease-Carrying a huge movement in this country and That is from a prize-winning Nobel Animals,’’ Newsday. in the world to address global warming. laureate. Then this: Rising global temperatures may be helping We are not going to listen to those who have their heads in the sand or, frank- ‘‘Study Links CO2 to Demise of Graz- to spark a population boom in insects and ing Lands.’’ From the Los Angeles disease-carrying animals, creating unex- ly, have decided they want to leave Times. pected threats to human populations, a num- this for another generation. That ber of scientific reports say. Rising levels of carbon dioxide may be con- would be irresponsible. I know you, tributing to the conversion of the world’s That is not a pretty future for my Madam President, and I share a convic- grasslands into a landscape of woody shrubs, new grandson, to think about being ex- tion that this is our job. This informa- much less useful for livestock grazing. posed to all these vectors that have not tion has been given to us on our watch, So this has implications for the very attacked us, but this is what lies in our and we intend to stand up to the chal- way of life we have here in America. future if we do nothing. lenge. ‘‘Parks Face Climate Threat.’’ ‘‘WHO—the World Health Organiza- When Senator INHOFE came on the A report shows how climate change could tion—77,000 People Die Annually in floor, he made a number of statements have a huge effect on the Great Smokey Asia-Pacific Region From Climate which were not true, and I am going to Mountains, the Blue Ridge Parkway and Change.’’ ‘‘Pollution Cutting Life Ex- deal with a couple of them. He used an other national parks. pectancy in Europe.’’ This was in USA MIT report in a misleading fashion. This according to a new report by— Today. Senator INHOFE has frequently claimed by whom?—the National Parks Con- According to a Report by the European En- an MIT report shows the Boxer and servation Association. vironment Agency: ‘‘Poor air and water Lieberman bills would lead to a $4,500

VerDate Mar 15 2010 13:48 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR07\S29OC7.000 S29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28514 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 October 29, 2007 tax on a family of four. But the author have seen melting of snow, we have nected to the main mass of ice. The of the MIT report, John Reilly, said: seen melting of permafrost, increased Greenland ice sheet holds enough ice to Senator Inhofe misread his findings. Rath- temperatures, warming of lakes, rivers, raise sea levels globally by 23 feet. er than impose a tax of $4,500 as Inhofe de- oceans, changing in the seasons, shifts Think about 23 feet. Sea level increases scribed it, he said, the study shows the regu- in the ranges of plant and animal spe- of only a few feet will cause major dis- lation could generate a substantial amount cies, rising sea levels. ruptions. of Federal revenue for the government to In the future, we can expect to see I wish to talk about public health. give back to Americans. A family of four, more extreme weather events, more se- Public health officials have issued a Reilly said, could earn an additional $4,500 if vere heatwaves, droughts and flooding, the United States adopted a carbon tax or call to action. We had a hearing the auctioned off carbon credits. increased storm surges and, sadly, an other day and we heard from the Direc- increased incidence of wildfires. We So let us not misquote authors tor of the Centers for Disease Control will see extinction of species, we will around here, because that is not the and Prevention. Unfortunately, her see freshwater resources at risk. By right thing to do for them nor is it the testimony was heavily edited by the 2020, between 75 million and 250 million right thing to do to mislead our col- White House. I am working very hard, people will be exposed to increased leagues. with other colleagues, to get her origi- water stress due to climate change in I mentioned the polar bears before, nal draft. Let me tell you, we are not Africa. and many of us have been touched to going to rest until we get that. But the In Asia there will be problems. fact is the public has a right to know see the polar bears clinging to smaller Warming in the western mountains of and smaller pieces of ice in order to everything about global warming and America is projected to cause de- the threat it poses to their families and survive. Senator INHOFE has claimed— creased snowpack and reduced summer and he claimed it on the floor—that to their communities. flows, resulting in even greater com- At the same hearing where we heard the polar bear populations are increas- petition for already overallocated ing. from Dr. Gerberding, the Commissioner water resources. of the Tennessee Department of Health The best-studied population, in Canada’s I mentioned this figure before—we western Hudson Bay, fell by 22 percent from presented the committee with a posi- did hold 20 hearings on global warming. tion statement from the Association of 1,194 animals in 1987 to 935 in 2004, according At one of them, we had scientists who to—who—the U.S. Fish and Wildlife Service. State and Territorial Health Officials were experts on wildlife. I remember on Climate Change and Public Health. Our own people are telling us that sitting there, being so saddened to hear Their statement was adopted unani- the polar bear is in trouble. that if we do nothing, 40 percent of The World Conservation Union projects mously. God’s species on planet Earth could Yes, if a Senator wants to come down that the bears’ numbers will drop by 30 per- face extinction. cent by 2050 due to continued loss of Arctic here and condemn all the public health Now we hear our oceans are at risk as sea ice. officials in the country and claim they well. The British Royal Society I think it is important that we talk projects that progressive acidification get some benefit out of this, let the about facts. Science must dictate what of oceans due to increasing carbon di- Senator do it. The fact is, they have we do, not ideological arguments that oxide is expected to have terrible im- said they support the latest findings of don’t have any weight behind them. pacts on marine life, such as corals and the U.N., and they recognize that cli- The leading scientists of the world, in- their dependent species. You have mate change has far-reaching implica- cluding the Intergovernmental Panel heard of coral bleaching. It is cause by tions for public health. on Climate Change, which I earlier increased water temperatures as well According to the IPCC, climate mentioned, and which won the Nobel as the oceans becoming acidic from change has already altered the dis- prize along with Vice President Gore, storing excess carbon. The water be- tribution of some infectious disease and the IPCC included hundreds of sci- comes so acidic some marine life, such vectors and the seasonal distribution of entists, the best scientists from 130 na- as shellfish and coral reefs, can no some allergenic pollen and increased tions—they tell us clearly that global longer form their shell, as it dissolves heat wave-related deaths. warming is happening now and human in the acidic water. We are already seeing and we are al- activities are the cause. I believe we The IPCC found that pests, diseases, ready feeling the difference. If trends can meet this challenge, with hope, not and fire are having terrible impacts on continue, we could see increased mal- fear. I believe when we meet this chal- forests, with an extended period of high nutrition and related disorders, includ- lenge, we will be stronger as a nation fire risk and large increases in areas ing those related to child growth and and we will be healthier as a nation. burned. Again, I wish to use this mo- development. We will see increases in And, by the way, we will create a ment to thank the firefighters in my the number of people suffering from whole new array of green-dollar jobs. State, all of them—local, State, Fed- disease, injury, death because of heat My own State, a leader in the environ- eral—working seamlessly together. We waves and because of droughts and ment, has proven the point that when have the most extraordinary heroic fires and all the things we mentioned. you step out and you address the needs firefighters in California, as we do all The World Health Organization has of the environment, what comes with it over this country. Their jobs are be- estimated that human-induced changes are only good things—prosperity, job coming more and more dangerous as in the Earth’s climate lead to at least creation, and healthier families. We these fires are so strong and are fueled 5 million cases of illness and more than are doing it in our State with global by droughts, high temperatures, low 150,000 deaths every year already. warming and, by the way, many other humidity, and high winds. We saw the European heat wave States are following. If we did nothing, I mentioned before that in July, I which caused countless numbers of ill- it would be a shame. It would be a was in Greenland. I was there with 10 nesses and claimed 35,000 lives. That is shame if the America we love so much Senators and Dr. Richard Alley, an ex- accurate—35,000 lives were lost. stood by and said: Well, gee, let a few pert on ice from Penn State, who ac- You can come down to this floor and States go off on their own. companied us on the trip. It was amaz- you can say everything is beautiful, This is a seminal issue, and we need ing to see this whole situation with but you are not in touch with reality. to do something about it, because him at my side. What I learned from We are beginning to see right here in doing nothing is not an option we can him is Greenland’s ice is melting faster America what happens when the water afford. The potential consequences will than anyone thought. In some places, warms. The Associated Press reported be devastating for our families in the the glacier ice is moving so quickly, if on September 27 that a 14-year-old boy future and for the world. you stand there you can actually ob- died from an infection caused by an We are seeing the early warning serve it moving. amoeba after swimming in Lake signs. People can come down to this In the past year, new islands were Havasu. According to a CDC official, floor and say whatever they want. We discovered that were previously con- these amebas thrive in warm water and

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I don’t think any- we can expect to see more cases of weather events, drought, flooding, sea one looks at Californians: Oh, those these amoeba infections. level rise, retreating glaciers, habitat poor people, they are so unhappy be- We are going to see an increase of shifts . . . the increased spread of life- cause they are energy efficient. ground-level ozone or smog because threatening diseases’’ and increased On the contrary, we have a booming that is formed at higher temperatures. scarcity of clean water that could ‘‘re- economy and we have people who are We know smog damages lungs and can sult in multiple chronic conditions’’ feeling good about themselves because cause asthma in our kids. We already and ‘‘foster the conditions for internal of the contribution they have made. It have asthma as the leading cause of conflicts, extremism, and movement does not take much to get a refrig- school absences in my State. I cannot toward increased authoritarianism and erator that is more efficient or get a speak for other States, but we have radical ideologies.’’ car that gets better mileage or get an major problems with dangerous smog I have never seen an issue such as air-conditioner that cuts your energy days. this, where we have such a unanimous use in half. I have done it. I have done We know about wildlife. We know, as call for action, a unanimous call for ac- these things. I am saving money. I am I said, that 40 percent of the species are tion—from the business community, driving my Prius, and I am waving to at risk of extinction if we do nothing from environmental organizations, the gas station because I don’t have to to reduce global warming. The U.S. from admirals and generals, from the go in very often to fill up my car. Fish and Wildlife Service concluded Department of Defense, from the Wild- People all over this country are al- that shrinking sea ice is the primary life Service—from all over the world. ready so far ahead of where we are. If cause for the decline in polar bear pop- As yet we are nowhere, but we hope to you want to come down to the floor, if ulations. Senator INHOFE comes down change that. you want to take issue with 75 million and says the polar bears are doing What are our States and our local Americans, be my guest. But you are great: Wrong. False information. Lis- governments saying? They are taking not being honest with the facts. The ten to your own administration’s U.S. action. facts are clear. Fish and Wildlife Service. The shrink- I have had the pleasure of having Twenty-nine States have completed ing sea ice is the primary cause for the Mayor Gregg Nickels of Seattle before climate action plans and a number of decline in polar bear populations. the Committee. He started the Mayors’ States have established mandatory re- Guess what. This administration—be- Climate Protection Agreement in 2005. duction targets, again including my cause it was threatened by a lawsuit— To date, mayors from nearly 700 cities home State. Last week, Gov. Kathleen proposed listing the polar bear as across America, representing 75 million Sibelius of Kansas wrote an open letter threatened under the Endangered Spe- Americans, have pledged to reduce to the people of her State, expressing cies Act. So come down here and show their greenhouse gas emissions. her support for clean energy. What is So come down to the floor and say pictures of those magnificent polar happening in Kansas? Good things. The what you want. But 75 million Ameri- bears, saying everything is fine—that State’s environment secretary rejected is wrong. It is wrong by every measure, cans are already acting. Come to the applications to build two new coal- by every scientific account, by our own floor, say what you want, but the world fired powerplants. They want cleaner U.S. Fish and Wildlife Service. is passing you by if you close your ears, energy. They want clean energy. They Global warming is a national secu- cover your eyes, and convince yourself see they are going to move in that di- rity issue, as I mentioned before. Peo- that you know more than the scientists rection. The Governor of Kansas under- ple are telling me this current humani- of the world know. tarian catastrophe in Darfur is already California is the sixth largest econ- stands what we are facing. If you want linked to the extended drought in the omy of the world. I am so proud to rep- to come down on the floor and tell her region. The Secretary General of the resent California—37 million people she is wrong, be my guest. It is a free United Nations said the Darfur conflict and a spirit of entrepreneurship, a spir- country. But you know what? You are began as an ecological crisis, arising at it of neighbor helping neighbor. It is an not going to change her mind and you least in part from climate change. This incredible place. are not going to change the minds in so is happening right under our nose. The California has set the gold standard many States that are moving so far Senate and the House have been asleep with its landmark global warming pro- past us it makes your head spin. at the wheel—until recently. gram, Republican Governor Schwarz- Addressing global warming has major A report commissioned by the De- enegger and a Democratic legislature benefits. I have given you the truth partment of Defense found the impacts setting us on a clear path toward 80 about the dangers of global warming of global warming would cause the percent cuts by 2050. because a lot of people walk away. I United States to ‘‘find itself in a world You know, what is important about wanted you to hear the truth about the where Europe would be struggling. the California experience is look at dangers of global warming. Now I want . . .’’ Projected global warming ‘‘poses what we have already done on per-cap- to tell you what gives me hope. When a serious threat to America’s national ita energy use. I am so honored that we step up to the plate, we are going to security’’ and ‘‘acts as a threat multi- you are in the chair, Madam President, benefit. We cannot only prevent the plier for instability. . . .’’ This is all because of your expertise on energy. most dangerous effects of climate from retired admirals and generals. We have kept our per-capita energy change, but we are going to be better This is not from BARBARA BOXER. This use steady for more than 30 years, off for it. I already mentioned Sir Nich- isn’t from Al Gore. This isn’t from while per-capita energy consumption olas Stern, former chief economist of MARIA CANTWELL. This isn’t from Sen- in the rest of the Nation has doubled. If the World Bank. He said: Spend a dol- ator WARNER. It isn’t from Senator the whole country could have been as lar now, save $5 later. So people are LIEBERMAN. This is from our own re- efficient as California, we would have going to come on the floor and they are tired admirals and generals: Projected saved an amount of energy equivalent going to say: Oh my God, they are global warming poses a serious threat to all the oil we import from the Mid- spending money on this. to America’s national security. dle East each year. Can you imagine No, we are going to save money, be- The United States, they said, could that? So when people fight against cause if we can avert the worst prob- more frequently be drawn into situa- doing something about global warming, lems of global warming—you can’t tions of conflict ‘‘to help provide sta- I say: If you look at the low-hanging build a flood protection tall enough un- bility before conditions worsen and are fruit, which is energy efficiency, and less we do something now. Do you exploited by extremists.’’ Such mis- look at what my State has done and know what it costs to build that flood sions could be long and require the now other States are doing, we can get protection? We know because we passed United States to remain for ‘‘stability halfway there without one sacrifice. the Water Resources Protection Act and reconstruction efforts . . . to avert I don’t think anyone has ever said and we kept our promises to the people further disaster.’’ that Californians do not lead a very of New Orleans and the others from

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I ap- but the point is, building an infrastruc- You mentioned California’s experi- plaud her for her dedication and for an- ture to protect against the type of ence. I wonder if you would just elabo- swering that question. floods that could come if we do not act rate on that one more time because I At $90 a barrel for oil, I certainly is going to be so much more expensive think the point may have been—it wish the rest of the Nation would have than investing the dollars now. And sounds so simple but yet so complex. followed what California has done in that is the point. California’s savings is what we are try- that consumption reduction because it Since 1990, Britain has reduced its ing to do in the Energy bill. Here we would have helped all of us on today’s greenhouse gas emissions by 15 per- have a 20-percent reduction of fuel con- oil prices. cent. Guess what. Britain’s economy sumption and a 20-percent reduction of Mrs. BOXER. Madam President, how has grown 40 percent. So people can greenhouse gases. That is why we need much time do I have remaining? come down to this floor and say: Oh, it to pass the Energy bill. But you are The PRESIDING OFFICER (Mrs. is going to wreck our economy. Wrong talking about California’s efficiency, MCCASKILL). The Senator has 9 min- again. It did not happen in California; and the efficiency that it achieved was utes remaining. it did not happen in Britain. monumental and significant. If you Mrs. BOXER. Thank you very much. Britain’s environmental industries would, emphasize or explain how it is I would just say that the California are the fastest growing sector of the that we should be doing the same thing story is a good news story. California is country’s economy. I was just there a in the Senate in moving forward on ef- trying to do more. They have asked the couple of months ago. They are so ex- ficiency. Bush administration for a waiver to cited. Their environmental jobs grew Mrs. BOXER. I thank my dear friend, move forward in the transportation to 500,000 from 135,000 in just the last 5 such a great leader on energy reform, sector. That waiver has not been forth- years. for taking to the floor. I want to say to coming. There is a study at UC Berkeley, Uni- you, Senator CANTWELL, in California California has gotten 50 waivers in versity of California, Berkeley. They we have kept our per capita energy use the past. For some reason now there say that the State product in Cali- steady. In other words, each person’s has been a very slow-walking act that fornia, the gross State product, by 2020 energy use over time has stayed steady has gone along with this request for a will be up by as much as $74 billion, for more than 30 years, while the per waiver. I am hoping that our com- with 89,000 new jobs created because of capita energy use in the rest of the Na- mittee is going to invite many of the our work on global warming and our tion doubled. Governors of the various States to the laws. Now, we have done it in ways that Capitol to talk about why it is so key I have been to Silicon Valley. You were very comfortable for people. You for the Bush administration to grant are familiar with the entrepreneurial know, you look at the energy for appli- the waiver. spirit there. They are just waiting to ances, you look at building codes, you When I started to talk about what is make the kind of investments nec- look at all the things that we have happening now with the entrepre- essary, but they need to have a clue as done, simple things, things you are try- neurial spirit in my State, I talked to what we are going to do. If we walk ing to do in the Energy bill. about Sun Microsystems reaping the away from a cap-and-trade system, Ms. CANTWELL. Madam Chair, did benefits of energy efficiency to their which will put a market price on car- that cost California jobs? plant. bon, they are not going to make those Mrs. BOXER. It created jobs. We First of all, they were able to con- investments. have been a leader in jobs. We are very solidate the space that houses all of The entrepreneurs in Silicon Valley prosperous. We believe our landmark their computers, which was a big help. are on the cutting edge. New compa- legislation on global warming, the Secondly, just by moving forward with nies are starting every day to respond studies show, will create thousands and a new way to cool their computers, to the growing demand for clean en- tens of thousands of green-collar jobs. cool their computers in a low-energy ergy and more efficient vehicles and I think the point I would like to em- way, they cut their energy bills in half. other technologies. phasize, and I know my friend from I talked about Tesla Motors pro- Sun Microsystems is already reaping Missouri will be amazed at this, if ducing an all-electric car. It is a beau- the benefits of greater efficiency. I just every other State were just to emulate tiful car. They are not marketing it as went to visit Sun Microsystems. They that, had emulated that, and we all did a way to fight global warming. They made some simple changes in the way this as a national goal, not just one are marketing it as a beautiful car, one they cool their computer servers. They State’s goal, we would have saved an of the fastest cars in the world. have been able to cut their electrical amount of energy equivalent to all of Tesla Motors, I hope you will go and consumption in half. I will tell you, the oil we import from the Middle East take a look. Their first model is going simple things can save so much energy. each year. to be very expensive, we know that. Simple things can cut down on global That is the amount of savings from But their next models are going to be warming. the simple things that we can do, some half the price. And they hope in the fu- Tesla Motors, I would urge all of you of the things that my friend is trying ture to get to the $30,000 range. Now, to follow that company. They are pro- so hard to get done in the Energy bill. what we are talking about is clean ducing an all-electric car with perform- The fact is, when I look at the whole automobiles, zero emissions of green- ance that rivals or even exceeds the issue of global warming as a good news/ house gases. world’s best sports cars. It is exciting. bad news story, the bad news is we There is another company, Bloom It is in production. It is all electric. really have not tackled it here. The Energy, in San Jose. They are creating Ms. CANTWELL. Will the Senator good news is there is so much we can the next generation of fuel cell elec- yield? do, so easily, with such benefits. trical generation systems. I visited Mrs. BOXER. I will yield to the Sen- Certainly, energy efficiency is one. there and the scientists were explain- ator from Washington. Ms. CANTWELL. Madam Chair, I ing how all of this works. I can tell you Ms. CANTWELL. First, I compliment thank the Senator from California for this technology has the potential to the Senator for her very articulate un- answering that question and again for revolutionize the way that electricity derstanding of the impact of green- her great leadership on trying to push is generated. It holds the potential to

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bring clean electricity to parts of the LIEBERMAN as they have assembled the path to achieving the goal of avoid- world that have no electricity now. their bill. I was so impressed with the ing dangerous climate change. It is a So what are the benefits, the benefits effort they have invested in seeking bipartisan, mainstream breakthrough, of new technology? New jobs, cleaner out the views of Senators and other and I am committed to further air as we reduce the pollution that groups, environmental organizations, strengthening this legislation as we causes global warming, by increasing business organizations. move forward because the legislation our use of clean, renewable energy They have looked at all the other establishes a framework on which we sources such as wind and solar, driving global warming bills that have been can build. It embodies key concepts— more efficiently, less polluting cars proposed: the Sanders-Boxer bill, the such as cap and trade and lookbacks and trucks, and increasing efficiency. Kerry-Snowe bill. They have looked at and it draws on the other strong global We will reduce other forms of air popu- the Lieberman-McCain bill and the warming bills that have been proposed. lation too: sulphur dioxide, nitrogen Bingaman bill. I think those are all of It gets us started. Time is short. oxides, mercury. them. There has been a broad range of Now, there are a few who will say we These are issues about which Sen- views that they have reconciled in the should not do anything. ators CARPER and ALEXANDER are very process. I have laid out some important Madam President, I ask unanimous concerned. They sit on the Environ- principles that I believe must be re- consent for 60 seconds. ment and Public Works Committee. flected in the legislation. Any bill has The PRESIDING OFFICER. Is there With this bill we will see that those to have the emission reductions that objection? pollutants will be reduced as we cut will avoid dangerous climate change. It Without objection, it is so ordered. global warming pollution. And that must be flexible to have look-back, to Mrs. BOXER. I thank my friends for means cleaner, healthier air for us all make sure we are on course. We need yielding me that 60 seconds because to breathe. an emissions trading program so there what I want to do is wrap up. Now, the IPCC also concluded that is a price put on carbon by the private Some will say: This is not an urgent household benefits from reduced air sector. We must protect the pioneering problem. Do nothing. pollution as a result of action to reduce State efforts that are already under- Others will say: Do nothing until you greenhouse gas emissions can be sub- way. We need to ensure that other go to the extreme, until you go to the stantial. So when I say: I meet this cri- countries are stepping up and doing 90-percent cut. Let’s wait for a new sis with hope, not fear, I mean it. I what they have to do. There are ways President. Let’s wait for a new Con- think it is going to create jobs. I think to enforce that, frankly, because a lot gress. Let’s wait for a new day. Let’s it is going to make our communities of folks want to trade with us. If they wait for the Sun to come out. Let’s healthier. I think it is going to make want to come in and trade with us, wait for the rain to fall. our air healthier. I think it is going to they better make sure they are not I do not ascribe to either of those ex- reduce our dependance on foreign coun- adding to this problem. tremes. tries to supply oil, which is now up to Natural resources and wildlife con- We have the facts now. We have a $90 a barrel. cerns must be addressed. We must sup- good bill now. We have an unprece- We know oil is a critical strategic in- port American workers in their transi- dented opportunity to send a signal to terest of America. Our reliance on oil- tion as we move to a greener economy this country and to the world that we rich rogue states and unstable regimes and see, again, as they have in Great are ready, finally, to move to calm the has been at the heart of wars and inter- Britain, how many jobs would be cre- effects of unfettered global warming. I ventions in the Middle East. As we de- ated. think we can do it. I think we can be I also want to express the moral im- velop these clean, renewable sources of successful at it, and I do approach this perative that was really brought to me energy, which is all going to be done by with great hope. by the religious community. The most the private sector, my venture capital- Some have tried to argue that we vulnerable here and around the world ists at home cannot wait to make these should not act now. These people say have to be protected. I know we have investments, but they will not make we should wait for a new President, a colleagues who continue to say we have them unless we take the lead on a new Congress, another day. to do it, and they are absolutely right. As I say, there is no time to waste. strong anti-global-warming bill. There is no time to waste because the Now, world leadership, the United longer we wait, the harder it will be to Right now, there is unprecedented mo- States has always been the world lead- achieve the goals we have to achieve— mentum for change. We must harness er on environmental protection. The before we find we are spending a for- that momentum to pass strong global core environmental laws that we cre- tune on flood control and we are spend- warming legislation. We have a small ated and enacted, most of them ing a fortune to try to mitigate the window of time to get started down through the committee on which I am terrible ravages that global warming this path. The longer we wait to get so proud to be a part of, the Clean will bring. started, the harder it will be to achieve Water Act, the Clean Air Act, Safe The point is, with good legislation we the emissions reductions we know we Drinking Water Act, National Environ- have these lookbacks. If we are on tar- need to reach. Starting now will send a mental Policy Act, and others, have get, fine. If we are doing too much, we signal to the world and the business been models for environmental policy have a way to back off. If we are not community as they make their future around the globe. The global warming doing enough, we could do more. That plans that the United States is serious legislation we pass will take its place is the beauty of the Lieberman-Warner about its leadership role. alongside those landmark laws. It is bill. Some have asked me, Why should we time for us to step up and set the pace. I believe there is unprecedented mo- pass legislation now, when the Presi- Now, again, our States are doing it. I mentum for change. Yes, you are going dent has said he is opposed to manda- want our States to continue. I really to have a few voices come down here tory caps on global warming pollution do. But I really do believe this is an and say this is ridiculous, this does not and a cap-and-trade system? issue that belongs in the Senate. By make any sense. That is fine. That is The President and I agree that tech- leading now, we can ensure that the so- their right. But, again, in every great nology is the solution. But he still lutions to global warming are designed issues debate, you always have a few won’t accept that it won’t happen on in ways that are good for America, people who stand outside the main- its own, not unless the price of carbon good for our businesses, good for our stream, and I respect that. I absolutely is built into the process. We still hope consumers, good for our kids. We have give the folks who have that point of to change his mind, but even if we do the technology and know-how to ex- view all the time they want to express not, we must begin the hard work of port. Now is the time to move forward. themselves. the legislative process. It takes time, Well, I have been working very close- But the bill Senators WARNER and patience, fortitude, and courage. Very ly with Senators WARNER and LIEBERMAN have crafted can set us on few laws are passed the first time

VerDate Mar 15 2010 13:48 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR07\S29OC7.000 S29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28518 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 October 29, 2007 around. We must take good legislation looking at it and realizing the science they try to blame America and our as far as we can. It is our job to start just isn’t there. emissions on greenhouse gases—they down the path. On wildfires out in California, just were projecting we would be the No. 1 I have a vision for my 11-year-old real quickly, it is interesting, the Los greenhouse gas emitter by 2040. We grandson and for my new grandson who Angeles Times headline was ‘‘Global were shocked to find out that just re- was born a few months ago. warming not a factor in wildfires.’’ An cently China already passed us. So My vision is that these children and excerpt from the article reads: Are the they are increasing their emissions of yours will grow up and be able to know massive fires burning across southern greenhouse gases at a real rapid rate. the gifts of nature that we saved for California a product of global warm- As a matter of fact, we went through them, that they will understand we ing? They say no. Scientists—almost the 15 years prior to 2005 by having no made the right choice for them—we unanimously—say that has nothing to new coal-fired generating plants. China protected the planet that is their do with it. is now cranking out one every 3 days. home—that because of our action they In fact, it is kind of interesting; it is This is kind of interesting because as will not be shackled into fighting wars reported: The Santa Ana winds, which we lose jobs to China, because we do over the last drops of water or oil or re- typically have gusts of up to 45 miles not have the energy here, they are maining acres of arable cropland. They per hour, were recorded at more than going to be using technologies that are will not have to spend their last treas- 80 miles per hour several times this not nearly as ecologically refined as ure building higher flood walls, bigger week—strong but inside the range of ours. So it is going to end up having levees, and fortified cities to escape normal variability. the effect of even more and more rising seas and angrier hurricanes. Meteorologist Joseph D’Aleo said greenhouse gases. Their cars will run on clean renew- this past Friday: Now, when Time magazine named the able fuels that do not pollute the air The unfortunate fires can be explained Model T Ford the 20th century’s worst very nicely by natural factors. environmental product because it they breathe. The United States will brought mobility and prosperity, it was lead in exporting clean technologies Environmentalists would not allow clear that common sense has been and products that are the engine of a brush clearing. He goes on to talk turned on its head in this country. Al- new green economy. We will lead the about the prohibition against clearing most a century ago, when the first world in showing the way to live well, up accumulated brush from the areas Model T was rolling off the assembly in a way that respects the Earth. surrounding housing developments line, the average American could ex- To make this vision a reality, we that was instituted at the insistence of pect a lifespan of 53 years and an infla- must face our challenge in a way that the Sierra Club and other environ- tion-adjusted income of only $5,300 a overcomes our differences, and that de- mental organizations. Climatologist Patrick Michaels de- year. Now that the automobile is here fies our party affiliations. bunks the wildfire-global warming and we can take people long dis- Madam President, I yield the floor to link. Do not blame this on global tances—to hospitals and that type of my friend, Senator INHOFE. warming. There is no trend whatsoever thing—we are now looking at an aver- The PRESIDING OFFICER. The Sen- in the frequency of heavy-rainfall years age lifespan at 78 years as opposed to 53 ator from Oklahoma. and so forth. He goes on and on. So years and an annual income, adjusted Mr. INHOFE. Thank you, Madam that just flat is not true. for inflation, of $32,000. Yet, despite President. It is my understanding—I Now, the Senator from California has this, some are still making the claim it would ask for clarification—I am enti- claimed, on several occasions, it would will not be all that harmful to the tled to 30 minutes. be cheaper in the long run to imme- economy to take drastic action in try- The PRESIDING OFFICER. The Re- diately enact regulatory policies aimed ing to do something about this. They publicans control the remaining 30 at controlling the Earth’s global tem- keep insisting that China and other minutes of morning business. peratures. The claim is clearly wrong. countries will mimic us. I think it is Mr. INHOFE. Thank you very much. Of the half dozen major bills intro- pretty reasonable that when China’s f duced in the Senate, all will harm the Deputy Director General for Environ- GLOBAL WARMING economy, yet none will put a dent in mental Affairs makes such uncompro- global warming, even if the worst fears mising, clear statements of China’s Mr. INHOFE. Madam President, let were well founded. policies to pursue an economic growth me, first of all, say it would be very Earlier this month, the Environ- agenda first and foremost, we would be difficult to, in only 30 minutes, refute mental Protection Agency concluded wise to take him at his word. everything that was just said. Interest- that over the long run each bill before Adopting these policies will only cost ingly enough, I was honored to have Congress, including those that would the country trillions of dollars over about 2 hours 10 minutes on the floor reduce U.S. emissions by 70 percent—70 time on the naive belief that if China last Friday to tell the truth about this percent—would only reduce global con- sees how serious our country is, it will subject of global warming. I have had a centration of greenhouse gases by 4 decide, in the goodness of its heart, to chance to do that. I have very carefully percent—just 4 percent. do this. This is just not right. They written down all the points that were Here is something that is interesting. made it very clear they do not have made by my good friend from Cali- When former Vice President Al Gore any interest in doing that at all. fornia, and I am going to try to get was in office, he went to Tom Wigley, Now, when we talk about the Kyoto through these as quickly as I can with- who at that time was a very renowned protocol—which is the first one that in that 30-minute period of time. scientist and one of his top advisers. He came along—I think it is interesting First of all, on the wildfires in Cali- said: What would happen if all devel- that of all 15 Western European coun- fornia—this is interesting because ev- oped nations—not the developing na- tries that joined the Kyoto protocol, erything that is out there that is dis- tions such as China and other countries only 2 out of 15 have lived within the tasteful is blamed on global warming. where they do not have any control emissions, have emitted the amounts People say: Oh, it must be true; that is over what can be done there, but if de- that were acceptable by the protocol. what I read in the newspapers. veloped nations all signed on to the One of those is Great Britain, and right I believed, 41⁄2 years ago, it was true. Kyoto treaty and lived by their emis- now they are increasing their emis- We all know that the Northern Hemi- sions, how much would it reduce the sions of greenhouse gases. sphere has been going through a pe- Earth’s temperature in 50 years? The The facts above may be what prompt- riod—up until about 7 years ago— result was 0.07 degrees Celsius. Now, ed the journal Nature to publish an ar- where it was warming. That has that is if everybody did this and in- ticle declaring that Kyoto is dead and stopped. But it was true at that time. flicted all the damage. that we need a new approach, one re- So I assumed it had something to do In June of this year, China—this is markably similar to the Bush ap- with manmade gases until we started something which is kind of interesting; proach, and that is the Asian Pacific

VerDate Mar 15 2010 13:48 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR07\S29OC7.000 S29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 29, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 28519 Partnership Act, which I talked about The Stern warning could join Paul Ehr- cap-and-trade policies would add sig- for quite a while last Friday, which I lich’s ‘‘The Population Bomb’’ and the ‘‘Club nificant costs to production and would will not repeat now. of Rome’s Limits to Growth’’ in the pan- likely have a severe negative impact The Senator from California relied theon of big banana scares that proved to be unfounded. on long-term growth and an estimated on the 2006 Stern report from Britain $10,800 per U.S. family—$10,800. It goes on and on in some detail criti- to bolster her claim. Senator BOXER Recently the MIT study which was cizing the report. stated: referred to, I think, by Senator BOXER, Yale University’s Sterling Professor This is a very important moment in time. the MIT study analyzed how energy of Economics William Nordhaus re- The cost of doing nothing, according to the producers would have to spend to buy leading economist on this topic in the world, cently authored a study on the eco- nomic effects of climate change titled allowances if they were auctioned, and Nicholas Stern, is five times what the cost the cost to energy producers to buy will be to address this issue now. ‘‘The Challenge of Global Warming: Economic Models and Environmental these allowances would be equal to Now, I do think this is worth spend- $4,500 per household family. Now, all of ing a little bit of time on because my Policy.’’ The study revealed that so- these seem to be unanimous in terms of good friend, the junior Senator from called global warming solutions would what it would cost, and I think we all California, spent quite a bit of time on cost two or even three times the bene- fits they would theoretically achieve. understand that. this subject. For fear that I might lose—or run out What did the experts say about the Nordhaus was specifically critical of of time, I am going to real quickly go Stern report? Stern’s use of novel methodology, in Economist Richard Tol of Hamburg which he assumes a near zero discount over some of the things I did last Fri- University, one of the world’s leading rate which dramatically increases the day, talking about what has happened environmental economists, tore apart benefits of addressing global warming. in 2007. In August of 2007, a peer-re- the Stern report on January 26, saying: The New York Times captured the viewed study published in the ‘‘Geo- If a student of mine were to hand in this views of mainstream economists in its physical Research Letters’’ finds global report on a Master’s thesis . . . [it is] likely February 21, 2007, article by David warming over the last century linked I would give him an ‘‘F’’ for fail. There is a Leonhardt, when he cited Nordhaus’s to natural causes. The September peer- whole range of very basic economics mis- concerns, adding: reviewed study counters the global takes that somebody who claims to be a Pro- This was fairly tame compared with the warming theory by finding carbon di- fessor of Economics simply should not make. comments of another Yale economist, Robert oxide did not end during the last ice Tol said, according to the BBC: O. Mendelsohn. ‘‘I was awestruck,’’ he said, age. In October of 2007, the Danish Na- Stern consistently picks the most pessi- comparing Sir Nicholas to ‘‘The Wizard of tional Space Study concluded the Sun mistic for every choice that one can make. Oz.’’ But ‘‘my job is to be Toto.’’ still appears to be the main forcing He overestimates through cherry-picking, he It goes on and on and on. agent. double counts particularly the risks and he Even Alan Greenspan talks about By the way, all the way through this, underestimates what development and adap- spending quite a bit of time on this. He we have approximately 11 other quotes tation will do to impacts. said: There is no effective way to that I will submit for the record talk- Danish statistician Bjorn Lomborg meaningfully reduce emissions without ing about how the scientists have come critiqued the Stern report in a Novem- negatively impacting a larger part of out and talked about how expensive it ber 2, 2006, Wall Street Journal op-ed the economy. was. piece. He said: Now, if you look at the Wharton The geologist at the University of The report seems hastily put-together, study—there it is, right there. If you Pennsylvania, Dr. Giegengack, makes with many sloppy errors. As an example, the look at this, I hope people understand comments. He says: cost of hurricanes in the U.S. is said to be both 0.13 percent of U.S. GDP and 10 times there is no question that there are sci- If we reduced the rate at which we put car- that figure. entists who actually believe that man- bon into the atmosphere, it won’t reduce the concentration in the atmosphere; CO is just Lomborg wrote: made gases are a major contributor to 2 climate change. I don’t believe—and going to come back out of these reservoirs. It seems naive to believe that the world’s 192 nations can flawlessly implement Mr. the scientists I outlined last Friday— He talked about natural reservoirs, Stern’s multi-trillion-dollar, century-long one thing is sure and that is the cost to which are oceans, soil, and permafrost. policy proposal. Will nobody try to avoid its America, should we decide to take one Going back to Dr. Giegengack, he obligations? Why would China and India even of these steps. Keep in mind, all of this says: participate? is pushed on us by the United Nations, In terms of global warming’s capacity to Particularly when they stated they similar to a lot of other things we have cause the human species harm, I don’t think would not do it. to live with. But if you look at the last it makes it into the top 10. Roger Pielke, Jr., the director of the four largest tax increases in the last He said that in an interview at the University of Colorado’s Center for three decades, the most recent one was University of Pennsylvania. Science and Technology Policy Re- a $32 billion tax increase in 1993 called Now, again, if we have time, we will search, also chided the Stern report for the Clinton-Gore tax increase, a $32 bil- come back and expand a little bit on ‘‘cherry picking’’ data on October 30, lion tax increase. I can remember com- that. 2006. Pielke wrote: ing to the floor—it was an increase on What I have done is written down as The Stern Report’s selective fishing out of all the rates, the rates of individuals, quickly as I could the things the junior a convenient statement from one of the regardless of income range. There were Senator came out with. She spent a lot background papers prepared for our work- all kinds of increases. Yet as bad as of—let’s put the polar bear back up shop is a classic example of cherry picking a that was, and as we were talking about there. People wonder why they always result from a diversity of perspectives, rath- keep using polar bears. Everybody er than focusing on the consensus of the en- the huge tax increase—$32 billion—the tire spectrum of experts that participated in Wharton School of Economics esti- loves animals. This was a Time maga- our meeting. mates the Kyoto cost would have been zine top seller. They had this poor Quoting further, he said: over $300 billion; in other words, ten polar bear standing on this last cube of To support its argument the Stern Report times the largest tax increase in mod- ice out there. It says: ‘‘Be worried. Be further relies on a significantly flawed re- ern history. Very Worried.’’ That is the same publi- port from the Association of British Insur- I think people do have to understand cation that in 1975 said another ice age ers, which we critiqued here. Its presentation that, because there have been all kinds is coming; we are all going to die. of the future costs of disasters and climate of articles. The op-ed piece in the Fi- Let’s talk about the polar bear. I change is highly selective to put it mildly. nancial Post by Wayne Weingarten said think this is kind of a classic case of Australian Paleoclimate scientist Dr. that the cost of reducing greenhouse reality versus unproven computer Bob Carter ridiculed the Stern report gases through cap-and-trade regula- model predictions. The Fish and Wild- in a November 3, 2006, article: tions are not trivial. If implemented, life Service estimates that the polar

VerDate Mar 15 2010 13:48 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR07\S29OC7.000 S29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28520 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 October 29, 2007 bear population is currently 20,000 to cause, in fact, current temperatures in time to join in the Kyoto Treaty, and 25,000 bears; whereas, in the 1950s and Greenland—and Greenland has been the right now they have all signed a letter 1960s, the estimates were 5,000 to 10,000 poster boy for climate alarmists—the advising Prime Minister Harper not to polar bears. We currently have an esti- current temperatures are cooler than join on or sign onto any successor of mated four to five times more polar the temperatures there in the mid 1930s the Kyoto Treaty. bears than we did 50 years ago. and 1940s, according to multiple peer- So when we talk about Claude A 2002 U.S. Geological Survey of reviewed studies. You heard me right. Allegra from France, David Bellamy wildlife in the Arctic Refuge Coastal Greenland has cooled since the 1940s, a from the U.K, and Nir Shaviv from Plain noted that polar bear populations fact the media and global warming ac- Israel, these are people who were on may now be near historic highs. tivists conceal. Greenland reached its the other side who have come over. Top biologists such as Canadian biol- highest temperatures in 1941, according I think that in my 2-plus-hour pres- ogist Dr. Mitchell Taylor, the director to a peer-reviewed study published in entation I made last Friday, I covered of wildlife research, dismissed these the June of 2006 issue of the ‘‘Journal most of the things—the objections that fears about polar bears with evidence- of Geophysical Research.’’ Keep in were given on the floor by my good based data on Canada’s polar bear pop- mind the 80 percent of manmade CO2 friend, Senator BOXER. I see my friend ulations. He says: Of the 13 populations after these high temperatures. from New Mexico is here. If he would of polar bears in Canada, 11 are stable According to a July 2007 report from like me to yield the remainder of my or increasing in number. the Environment and Public Works time to him, I say to Senator DOMEN- There is only one that is dropping Committee on Greenland: ICI, I would be glad to do so. down, and that is in the western—what Research in 2006 found that Greenland has Mr. DOMENICI. Senator, how much was it, the Hudson Bay area. This is been warming since the 1880s, but since 1955, time is that? the one the junior Senator from Cali- temperature averages at Greenland stations Mr. INHOFE. I don’t know. fornia talked about, and that is going have been colder than the period between The PRESIDING OFFICER (Mr. 1881 and 1995. Another 2006 peer-reviewed down in population, mostly because of WHITEHOUSE). About 41⁄2 minutes re- the hunting rules that have been estab- study concluded the rate of warming in main. Greenland from 1920 to 1930 was about 50 per- lished in that area. cent higher than the warming from 1995 to Mr. DOMENICI. I appreciate that. The next thing she talked about was 2005. One 2005 study found Greenland gaining First, I wish to thank the Senator. I computer models. This is interesting ice in the interior higher elevations and wish to say to the Senate, I talked to because everyone now has debunked thinning ice at the lower elevations. Senator LOTT, and I understand that the whole idea that computer models So it has gone over and over again, when the 41⁄2 minutes is up, the regular were accurate. Even the New York the fact that it is factual, that it has order will be that we return to Am- Times has been forced to acknowledge actually been getting cooler in Green- trak; is that correct? the overwhelming evidence that the land. The PRESIDING OFFICER. That is Earth is currently well within natural By the way, I think it is also inter- correct. climate variation. This inconvenient esting when you talk about global Mr. DOMENICI. The Senator indi- reality means that all the warming warming, consistently through the last cated to me he was next with some doomsayers have to back up their cli- several decades, the Southern Hemi- amendments, but he would be willing mate fears are unproven computer sphere has actually been getting cool- to give me about 5 minutes. Now, we models predicting future doom. Of er. The last time I checked, the South- can do it either way. We can say, I course, you can’t prove a prediction of ern Hemisphere was part of the globe. would like 5 minutes before—what I the climate in 2100 wrong today, which So I think if we want to talk about have been given here, plus 5 before we reduces the models to speculating on some of the changes in terms of the sci- go to the bill. what could or might or may happen 50 entists that have been coming along, The PRESIDING OFFICER. Does the years from now or 100 years from now. we could do that. I think one of the Senator seek unanimous consent? But prominent U.N. scientists have well-known—the scientist staff writer, Mr. DOMENICI. I ask unanimous publicly questioned the reliability of Juliet Eilperin, from the Washington consent to that effect. climate models. This is kind of inter- Post conceded that climate skeptics The PRESIDING OFFICER. Without esting because it is the U.N. that start- appear to be expanding rather than objection, it is so ordered. ed this whole thing. The IPCC, the sci- shrinking. Mr. DOMENICI. That means I can go entists, Dr. Jim Renwick, a lead author Geologist Peter Sciaky echoes this up to 91⁄2. I am not sure I will, but who of the IPCC Fourth Assessment Re- growing backlash of leftwing activists knows. This is a favorite subject, so I port—this is the United Nations—pub- about global warming. He describes might talk all night if you let me. licly admitted that climate models himself as a ‘‘liberal and a leftist’’ and f may not be so reliable after all. wrote on June 9: ENERGY He stated in June: I do not know a single geologist who be- Half of the variability in the climate sys- lieves that global warming is a man-made Mr. DOMENICI. Mr. President, I am tem is not predictable, so we don’t expect to phenomena. here because the distinguished major- do terrifically well. I think that former Vice President ity leader spoke today, and I wasn’t Let me repeat, a U.N. scientist ad- Gore’s biggest worry is becoming a re- here when he talked about the two En- mitted half of the variability in the cli- ality right now, and that is that all ergy bills that are outstanding—maybe mate system is not predictable. these scientists who were on his side 10 it is three. The House has a couple of Also in June, another high-profile years or so ago are now on the other Energy bills and we have one, and they U.N. lead author, Dr. Kevin Trenberth, side saying: Wait a minute, we thought are languishing, so to speak, because echoed Renwick’s sentiments about cli- we were right at that time. there is no conference, no official con- mate models by referring to them as The 60 scientists who were advising ference. The distinguished majority nothing more than story lines. the Prime Minister of Canada and ad- leader used the phrase, saying we Keep in mind, what we are talking vised him back in the middle 1990s to ought to marry the two bills. Now, the about are the things that all this is sign onto the Kyoto Treaty, after re- leader knows I have every bit of re- based on and the distinguished junior evaluating, they said: spect for him, and I have talked with Senator from California spent about 15 If, back in the mid 1990s, we knew what we him about this Energy bill at least 10 minutes of her 1 hour talking about— know today about climate, Kyoto would al- times. I have even suggested in writing computer models. They have all been most certainly not exist, because we would some ideas about how we might have a debunked. have concluded it was not necessary. conference that is not a conference but Now, as far as Greenland is con- So you get back to the 60 scientists accomplishes the same thing. With cerned, this is kind of interesting be- who advised the Prime Minister at that that, I wish to say right off, Mr. Leader

VerDate Mar 15 2010 13:48 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR07\S29OC7.000 S29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 29, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 28521 and fellow Senators, these two bills are Unless Congress includes provisions for in- that looks more anti-American, more so different, so different, that they are creasing supply, this will remain an energy like a banana republic that takes over incompatible. bill without energy. oil companies and releases them and So you cannot say marry them, be- Again, that was a former Senator. I nobody knows what is going on. These cause that marriage cannot last. You think people could guess who it is. He types of measures will reduce our do- cannot start it because the bills are is from down South, maybe from Lou- mestic energy supply, increase our en- diametrically different, with the excep- isiana. ergy cost and, over time, play into the tion of a few pieces that are not ter- The House repeals numerous provi- hands of the large state-owned oil com- ribly relevant that are the same. What sions of the Energy Policy Act of 2005 panies in unstable regions around the they have, we don’t have; what we that are already increasing domestic world. have, they don’t have. You cannot energy production. Across the country, The House-passed Energy bill is a gift marry them. It is a hard job to work a applications for drilling permits are on to our global competitors in China, bill when you don’t have a conference. the rise. I know a little bit about it. Russia, and the Middle East. This is I will repeat what I have suggested. That is out in my part of the country. not just an energy issue, it is a na- At least 2 Republican Senators who I know that sounds wrong, but they are tional security issue. The more we in- were part of the big bill—maybe myself on the rise. Last year, we did produce crease our dependence, the less secure from the Energy Committee, and more oil than we did before because the we become. The higher prices we put on maybe Senator STEVENS from Com- activities are taking place. We will energy at home, the greater the costs merce—have to be part of negotiating need to continue this rise to keep up we place on our strategic competitive- every part of the bill or it is going to with our Nation’s demand for domestic ness abroad. be very difficult to get 60 votes in the oil and natural gas. Instead of expe- The House Energy bill doesn’t end at Senate. I cannot make it any clearer. diting the process of domestic oil and increasing costs for consumers at the That is what I have told them. I still gas production, the House bill slows it pump. It also targets those of us who say that. I don’t know where we do it, down. Instead of decreasing domestic use electricity. By requiring States but maybe we could informally agree gas and oil exploration and production that lack natural resources to meet an to something like that. So don’t bring costs, the House bill increases the unachievable, mandatory, renewable up a big piece of the bill that has been costs. portfolio standard, we increase costs. negotiated out between some House I guess the answer to that is, well, Those who cannot meet this standard Members and Senate Members but you everybody is making too much money, will simply pay a fee. Remember, that have not worked it with the Senators so increase costs. Frankly, we don’t was not offered in the Senate. My who put together the basic pieces of generally do that in the United States. friend, the chairman of the committee, the big bill in the Senate. That is what we have tried before when is for that and he didn’t offer it. I spec- As a member of the Senate Energy we had such strange things as a tax on ulate that he didn’t offer it because it Committee for 30 years, I have learned the rich. We tried an extra tax on oil might have made the bill impossible to a lot about what it takes to pass a because it was making too much pass. But it is in the House bill, so it is comprehensive, bipartisan energy bill money. We got in big trouble because it not so easy to say let’s go and marry and get it signed. As chairman in 2005, never did work. them. Somebody has to sit down and I shepherded through the Senate the The price tag is a $16 billion tax in- talk seriously about whether that kind most comprehensive Energy bill in dec- crease on American oil and gas produc- of provision can stand the test of a ades. Over time, when fully imple- tion—on big and small businesses head count as to whether we can get a mented, this bill will have a very posi- alike. This is a conservative estimate, bill through the Senate. tive impact across every sector of en- and I fear one that will increase behind If I am needed, I am needed to help ergy. Strengthening America’s energy closed doors. get a bill. If I am not needed to get a security doesn’t have an overnight so- The House bill results in a punitive bill, you can marry anything to any- lution. It is not something that can be fee on deep sea production or, in the al- thing and bring it to the floor and see accomplished in 5-second bites. In- ternative, a ban on future leasing alto- what can happen. stead, it requires long vision and cour- gether. That one is an interesting one. I have been a long-time supporter of age to make a difficult decision. Both People look at that and say it is good, renewable energy in both the appro- the Senate and the House have passed we ought to do it. Incidentally, that is priations process and in the Energy bills, as I indicated. While the Senate so anti-American, you cannot believe Policy Act of 2005. I led efforts to pro- bill takes big, important steps to diver- it. I believe it is also unconstitutional tect an offshore wind project in unfair sify our fuel sources to increase our en- as an ex post facto law. But that is not opposition. The bill I authored pro- ergy efficiency and conservation, the the issue. That is one of the things we vided the largest and most important House bill does little more than, in a are not going to marry up because tax incentives for renewable energy in sense, increase the energy cost for plenty of Members in the Senate—at American history. We don’t need to do America. least on our side of the aisle—think anything else to help with wind energy. The majority leader suggested that that because a mistake was made—not It is growing at the most rapid pace of we marry these bills, as I indicated. made by a Republican President, it was any of the renewables. As a matter of However, this marriage of convenience made during the Presidency of our last fact, it is my understanding the orders would be an inconvenient burden. I Democratic President. A mistake was for turbines for wind energy are so far would call it an incompatibility for made and the royalty requirements behind that you have no wait for 2 those who fill up their gas tanks and were not included and the bids let. years. Most of them are being made heat their homes. Those people who got those bids and overseas. You see, it won’t do any The centerpiece of our Senate efforts didn’t pay any royalties were trying to good—we don’t need more States man- on energy is a mandate which would re- collect from them after the fact. That dated to produce 15 percent of their en- quire an increasing portion of our fuel is one of their provisions in the House ergy through wind, and they are allow- to come from advanced biofuels such as bill and not in ours. You could tell that ing a 4-percent credit or something. We cellulosic ethanol. These newly ad- is in for a heavy fight. ought to increase the tax incentive, so vanced, clean biofuels will eventually I don’t know whether you could pass it is not going out too quickly. help make America less dependent a bill in the Senate that had the divi- I support sound, smart policy on in- upon foreign oil. The House Energy bill sion they have. They say any of those creasing our domestic renewable en- contains no such provisions and, in companies in that position, they pay ergy supply, but I oppose tax increases fact, takes steps that would reduce our up something they don’t owe, but they on the American energy consumers. domestic energy supply. This led a pay it up anyway or they cannot drill The next 30 years will bring a mas- former Member of the Senate to write: for 20 years. I cannot imagine anything sive shift in American wealth if we

VerDate Mar 15 2010 13:48 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR07\S29OC7.000 S29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28522 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 October 29, 2007 continue to increase our dependence on system by allowing any qualified rail oper- We will continue to see if we can find foreign oil. That is what will happen. ator or transportation company to compete ways to work together across the aisle Plainly and simply, the Senate bill for passenger rail service. and across the Capitol to see what can Bond (for DeMint) amendment No. 3469, to moves away from this trend. The House clarify the level of detail to be included in be done. We need to do something, but bill does not; it accelerates it. I will the modern financial accounting and report- I fear we have created such a hodge- say that again. The next 30 years will ing system required under section 203. podge, we may not be able to reach bring a massive shift of American Bond (for DeMint) amendment No. 3470, to agreement on how to proceed. wealth if we continue to increase our require the Performance Improvement Plan AMENDMENTS NOS. 3475, 3483, 3488, 3485, 3484, 3477, to address reaching financial solvency by dependence. That shift is at an incred- 3476, 3473, 3472, EN BLOC eliminating routes and services that do not Mr. LOTT. Mr. President, I have a ible level at this point. make a profit. For these reasons, we cannot simply Bond amendment no. 3464, to amend sec- package of amendments that have been marry these two bills in the dark of the tion 24101 of title 49, United States Code, to cleared on both sides. On behalf of Sen- night. Instead, we need a bipartisan clarify Amtrak’s mission. ator LAUTENBERG and myself and the conference committee similar to the The PRESIDING OFFICER. The Sen- leadership on both sides, I ask unani- one we had in 2005. If we cannot get it ator from Mississippi is recognized. mous consent that the amendments be in any official way, we are going to Mr. LOTT. Mr. President, regarding considered and agreed to en bloc, and have to find a way to do it. It cannot be the Amtrak legislation, work was done the motions to reconsider be laid upon expected that those on the other side of on Friday and it is being worked on the table en bloc: Coburn amendment the aisle will meet with certain Repub- now by our staffs. We had additional No. 3475, DeMint amendment No. 3483, licans and they will change these bills amendments that were filed this after- Hutchison amendment No. 3488, Bond and say now we have married the bills noon and we are going through them. amendment No. 3485, DeMint amend- and we can pass them. That will not In the meantime, we have cleared on ment No. 3484, Crapo amendment No. happen. both sides some nine amendments in a 3477, Allard amendment No. 3476, Sand- This is a difficult bill on the Senate variety of areas. Our staffs have ers amendment No. 3473, and Tester side but a good one. As a matter of worked together, and we have reviewed amendment No. 3472. fact, I can say the bill that passed the these amendments. They look con- The PRESIDING OFFICER. Without Senate is one of the best bills we have structive to me. They are from both objection, it is so ordered. The amendments were agreed to, as ever passed. It sort of came from three sides of the aisle—from Senators CRAPO, TESTER, ALLARD, BOND, follows: committees, and it is different, but it DEMINT, SANDERS, COBURN, and AMENDMENT NO 3475 will certainly, over 10 years, do a lot . HUTCHISON. So we will, in a few mo- for our country. But you don’t put on (Purpose: To require Amtrak to publish a ments, offer these amendments en bloc comprehensive annual financial report top of it a tax—this tax of $16 billion. for acceptance. that allocates revenues and costs among They tried it here and it was defeated I see that Senator DOMENICI has left each of its routes) on the Energy bill. But because the the floor. I appreciate his remarks on On page 14, line 25, strike ‘‘and’’ at the end House has it, there is talk that we have the energy legislation. As on so many and all that follows through page 15, line 20, to marry it up and take their tax pro- issues, he has been one of our most and insert the following: vision. Where are you going to get the thoughtful and committed leaders on a (2) shall implement a modern financial ac- votes for that? And that is so with counting and reporting system; and variety of subjects. I used to call him (3) shall, not later than 90 days after the other things that are in the House bill our ‘‘No. 1 utility player.’’ Wherever and not in ours. end of each fiscal year through fiscal year you had a complicated substantive 2012— I thank Senator LOTT for being pa- issue, if you needed someone to come (A) submit to Congress a comprehensive re- tient. Clearly, we will discuss the issue and talk about it sensibly, whether it port that allocates all of Amtrak’s revenues more and maybe sit down at a table was budget issues, energy issues, ap- and costs to each of its routes, each of its and talk about it among Senators of propriations, energy plants, nuclear lines of business, and each major activity both parties. issues, he has been such a great Mem- within each route and line of business activ- I yield the floor. ber for many years. The Senate will ity, including— (i) train operations; f truly miss him upon his retirement. (ii) equipment maintenance; CONCLUSION OF MORNING Once again, I thought his remarks a (iii) food service; BUSINESS few moments ago were extremely (iv) sleeping cars; thoughtful and pointed out some of (v) ticketing; and The PRESIDING OFFICER. Morning what we need to be doing in the energy (vi) reservations; business is now closed. policy of this country, and the many (B) include the report described in subpara- f problems with trying to get to con- graph (A) in Amtrak’s annual report; and (C) post such report on Amtrak’s website. PASSENGER RAIL INVESTMENT ference. AMENDMENT NO. 3483 AND IMPROVEMENT ACT OF 2007 The biggest problem in getting to conference is that the two bills are al- (Purpose: To encourage private sector The PRESIDING OFFICER. Under most irreconcilable. In our bill, we had funding of passenger trains) the previous order, the Senate will re- some very strong requirements with re- On page 58, lines 3 through 5, strike ‘‘its sume consideration of S. 294, which the gard to fuel efficiency standards. We operation of trains funded by the private sec- tor in order to minimize its need for Federal clerk will report. knocked out the energy taxes, we re- The legislative clerk read as follows: subsidies.’’ and insert ‘‘the operation of fused to put in a high percentage of re- trains funded by, or in partnership with, pri- A bill (S. 294) to reauthorize Amtrak, and newables mandates, and we came out vate sector operators through competitive for other purposes. with a bill that had in it something contracting to minimize the need for Federal Pending: worth having, but we still had some subsidies.’’ Lautenberg (for Carper) amendment No. problems. AMENDMENT NO. 3488 3454 (to amendment No. 3452), of a perfecting The House had nothing on CAFE (Purpose: To express the sense of the Senate nature. standards, the fuel efficiency stand- regarding the need to maintain Amtrak as Allard amendment No. 3455, to strike the ards. They went the other direction on a national passenger rail system) provisions repealing Amtrak’s self-suffi- renewables, and they went the other di- At the appropriate place, insert the fol- ciency requirements. rection on taxes. lowing: Bond (for DeMint) amendment No. 3467, to We have a real mess on our hands. We SEC. ll. SENSE OF THE SENATE REGARDING require Amtrak to disclose the Federal sub- need a national energy policy, but we THE NEED TO MAINTAIN AMTRAK AS sidy of every ticket sold for transportation A NATIONAL PASSENGER RAIL SYS- on Amtrak. need one that, hopefully, will create TEM. Bond (for DeMint) amendment No. 3468, to more energy for our country and not (a) FINDINGS.—The Senate makes the fol- increase competition in the American rail more dependence on foreign oil. lowing findings:

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(1) In fiscal year 2007, 3,800,000 passengers ‘‘(b) MISSION.— this chapter, including the budgetary goals traveled on Amtrak’s long distance trains, ‘‘(1) IN GENERAL.—The mission of Amtrak for fiscal years 1998 through 2002.’’ and in- an increase of 2.4 percent over fiscal year is to provide efficient and effective intercity serting ‘‘plan, consistent with section 204 of 2006. passenger rail mobility consisting of high the Passenger Rail Investment and Improve- (2) Amtrak long-distance routes generated quality service that is trip-time competitive ment Act of 2007, including the budgetary $376,000,000 in revenue in fiscal year 2007, an with other intercity travel options and that goals for fiscal years 2007 through 2012.’’; and increase of 5 percent over fiscal year 2006. is consistent with the goals of subsection (d). (B) by striking the last sentence and in- (3) Amtrak operates 15 long-distance trains ‘‘(2) PERFORMANCE MEASUREMENT.—All serting ‘‘Amtrak and its Board of Directors over 18,500 route miles that serve 39 States measurements of Amtrak performance, in- shall adopt a long term plan that minimizes and the District of Columbia. These trains cluding decisions on whether, and to what the need for Federal operating subsidies.’’. provide the only rail passenger service to 23 extent, to provide operating subsidies, shall AMENDMENT NO. 3473 States. be based on Amtrak’s ability to carry out (Purpose: To clarify that the Secretary of (4) Amtrak’s long-distance trains provide the mission described in paragraph (1).’’; and Transportation should favor projects that an essential transportation service for many (C) by redesignating paragraphs (9) communities and to a significant percentage involve the purchase of environmentally through (11) in subsection (c) as paragraphs sensitive, fuel-efficient, and cost-effective of the general public. (10) through (12), respectively, and inserting (5) Many long-distance trains serve small passenger rail equipment in selecting after paragraph (8) the following: projects to receive capital investment communities with limited or no significant ‘‘(9) provide redundant or complimentary air or bus service, especially in remote or grants to support intercity passenger rail intercity transportation service to ensure service) isolated areas in the United States. mobility in times of national disaster or (6) As a result of airline deregulation and other instances where other travel options On page 66, line 10, insert ‘‘, including decisions by national bus carriers to leave are not adequately available;’’. projects that involve the purchase of envi- many communities, rail transportation may (2) CONFORMING AMENDMENT.—The chapter ronmentally sensitive, fuel-efficient, and provide the only feasible common carrier analysis for chapter 241 is amended by strik- cost-effective passenger rail equipment’’ be- transportation option for a growing number ing the item relating to section 24101 and in- fore the period. of areas. serting the following: AMENDMENT NO. 3472 (7) If long-distance trains were eliminated, ‘‘24101. Findings, mission, and goals’’. (Purpose: To require Amtrak to conduct a 1- 23 States and 243 communities would be left On page 18, line 7, strike ‘‘and’’. time evaluation of passenger rail service with no intercity passenger rail service and On page 18, strike lines 8 and 9 and insert between Chicago and Seattle through 16 other States would lose some rail service. the following: Southern Montana) These trains provide a strong economic ben- (12) prior fiscal year and projected oper- On page 25, between lines 16 and 17, insert efit for the States and communities that ating ratio, cash operating loss, and cash op- the following: they serve. erating loss per passenger on a route, busi- (f) NORTH COAST HIAWATHA ROUTE.—Not (8) Long-distance trains also provide trans- ness line, and corporate basis; later than 1 year after the date of enactment portation during periods of severe weather or (13) prior fiscal year and projected specific of this Act, Amtrak shall conduct a 1-time emergencies that stall other modes of trans- costs and savings estimates resulting from evaluation of passenger rail service between portation. reform initiatives; Chicago and Seattle, through Southern Mon- (9) Amtrak provided the only reliable long- (14) prior fiscal year and projected labor tana (commonly known as the ‘‘North Coast distance transportation following the Sep- productivity statistics on a route, business Hiawatha Route’’), which was operated by tember 11, 2001 terrorist attacks that ground- line, and corporate basis; Amtrak until 1979, using methodologies ed air travel. (15) prior fiscal year and projected equip- adopted under subsection (c), to determine (10) The majority of passengers on long-dis- ment reliability statistics; and whether to reinstate passenger rail service tance trains do not travel between the (16) capital and operating expenditure for along the North Coast Hiawatha Route or endpoints, but rather between any combina- anticipated security needs. along segments of such route, provided that tion of cities along the route. AMENDMENT NO. 3484 such service will not negatively impact ex- (11) Passenger trains provide transpor- (Purpose: To include private rail passenger isting Amtrak routes. tation options, mobility for underserved pop- operators on the Next Generation Corridor AMENDMENTS NOS. 3455 AND 3464 WITHDRAWN ulations, congestion mitigation, and jobs in Equipment Pool Committee) the areas they serve. Mr. LOTT. Mr. President, I ask unan- (12) Passenger rail has a positive impact on On page 97, line 13, insert ‘‘host freight imous consent that the following pend- the environment compared to other modes of railroad companies, passenger railroad ing amendments be withdrawn: amend- transportation by conserving energy, reduc- equipment manufacturers, and other pas- ments Nos. 3455 and 3464. ing greenhouse gas emissions, and cutting senger railroad operators as appropriate,’’ after ‘‘Administration,’’. The PRESIDING OFFICER. Without down on other airborne particulate and toxic objection, it is so ordered. The amend- AMENDMENT NO. 3477 emissions. ments are withdrawn. (Purpose: To give additional consideration to (13) Amtrak communities that are served Mr. LOTT. Mr. President, I suggest use passenger rail and passenger rail stations States with limited Amtrak service when as a significant source of economic develop- considering new intercity passenger rail the absence of a quorum. ment. routes) The PRESIDING OFFICER. The (14) This Act makes meaningful and impor- On page 24, line 6, insert ‘‘intercity pas- clerk will call the roll. tant reforms to increase the efficiency, prof- senger rail service or by’’ after ‘‘served by’’. The assistant legislative clerk pro- itability and on-time performance of Am- On page 25, strike lines 10 through 16 and ceeded to call the roll. trak’s long-distance routes. insert the following: Mr. BYRD. Mr. President, I ask unan- (b) SENSE OF THE SENATE.—It is the sense (e) PIONEER ROUTE.—Not later than 1 year imous consent that the order for the of the Senate that— after the date of the enactment of this Act, quorum call be rescinded. (1) long-distance passenger rail is a vital Amtrak shall conduct a 1-time evaluation of and necessary part of our national transpor- passenger rail service between Seattle and The PRESIDING OFFICER. Without tation system and economy; and Chicago (commonly known as the ‘‘Pioneer objection, it is so ordered. (2) Amtrak should maintain a national pas- Route’’), which was operated by Amtrak Mr. BYRD. Mr. President, I ask unan- senger rail system, including long-distance until 1997, using methodologies adopted imous consent that I be allowed to routes, that connects the continental United under subsection (c), to determine whether speak as in morning business for up to States from coast to coast and from border to reinstate passenger rail service along the 30 minutes. to border. Pioneer Route or along segments of such The PRESIDING OFFICER. Without AMENDMENT NO. 3485 route. objection, it is so ordered. (Purpose: To provide a mission statement for AMENDMENT NO. 3476 (The remarks of Mr. BYRD pertaining Amtrak, and for other purposes) (Purpose: To require Amtrak to develop a to the submission of S. Res. 358 are plan to operate within budgetary limits, On page 11, between lines 22 and 23, insert printed in Today’s RECORD under ‘‘Sub- including a long-term plan) the following: mission of Concurrent and Senate Res- (e) AMTRAK’S MISSION.— On page 56, strike lines 12 through 17 and (1) Section 24101 is amended— insert the following: olutions.’’) (A) by striking ‘‘purpose’’ in the section (1) PLAN REQUIRED.—Section 24101(d) is Mr. BYRD. Mr. President, I yield the heading and inserting ‘‘mission’’; amended— floor. (B) by striking subsection (b) and inserting (A) by striking ‘‘plan to operate within the The PRESIDING OFFICER. The Sen- the following: funding levels authorized by section 24104 of ator from Florida is recognized.

VerDate Mar 15 2010 13:48 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR07\S29OC7.000 S29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28524 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 October 29, 2007 Mr. NELSON of Florida. Mr. Presi- away one-half of the delegates at the Court against the political party bosses dent, parliamentary inquiry: I wish to quadrennial nominating conventions to in Washington. Our lawsuit is about speak as in morning business. be held later this year. Then the DNC the right of every American to have ac- The PRESIDING OFFICER. That will decided it was going to exact addi- cess to the ballot box and to have their take unanimous consent. tional punishment and took the puni- ballot counted and to have their ballot Mr. NELSON of Florida. Mr. Presi- tive measure of taking away all of counted as intended. dent, I ask unanimous consent to speak Florida’s delegates. In this lawsuit we are fighting for as in morning business. But that is not all. The DNC then every person who takes time to stand The PRESIDING OFFICER. Without further decided that it would penalize in line in the rain or in the cold, at the objection, the Senator may proceed. Florida further by prohibiting the local church or the precinct house, to FLORIDA AND THE DNC Presidential candidates from coming vote and to come outside from that Mr. NELSON of Florida. Mr. Presi- into the State and campaigning. Cam- precinct house feeling as if they did dent, I have come to the Senate floor paigning was defined under the rules of their part in this grand American proc- today to inform colleagues of both par- the DNC as talking with voters, having ess. ties that there is a monumental legal any kind of communication, hiring Those of us who filed this lawsuit be- issue that has arisen between the staff, opening an office, having any lieve there is no reason that can excuse Democratic National Committee and kind of advertising, whether in print or the denial of this fundamental right to the voters of the State of Florida, spe- electronically, or holding press con- vote. Certainly, as we see by this fracas cifically the 41⁄4 million registered ferences; in other words, to muzzle the that has erupted by members of the Democrats. The Democratic National Presidential candidates so they could DNC saying: Go on and have your Pres- Committee, the DNC, has exacted pun- not go into the State of Florida—with idential primary vote, Florida, on Jan- ishment upon Florida Democrats be- one huge exception: that they could go uary 29, but just make it a beauty con- cause the State legislature of Florida into the State of Florida to raise test because it is not going to count— moved its Presidential primary from money. They couldn’t campaign, it certainly points to the fact that this March to January 29. Both parties said couldn’t talk to ordinary voters, but Presidential primary system is broken, they would bring about retribution on they could come in to raise money. and it desperately needs to be re- any one State, other than four privi- The net effect is the only way a Flor- formed. But the answer is not to deny leged States—the Nevada caucus, the ida Democrat could have interaction people the right to vote and to have Iowa caucus, the New Hampshire pri- with a Presidential candidate one on that vote count. mary, and the South Carolina pri- one is to have to pay for that participa- For 2008, there is an easy, short-term mary—if any other State moved ahead tion. fix. This Senator suggested this fix last of February 5, earlier than February 5. This was further enhanced by the summer to Howard Dean in writing, in The Florida Legislature, in its wis- four States that I mentioned that want person, and over the telephone; that is, dom last spring—last May, May of this to go first—the Iowa caucus, the Ne- if you had the States that want to go year—decided to make the move to vada caucus, the New Hampshire pri- early to move up a little early, then ev- January 29. This is a legislature that is mary, and the South Carolina pri- eryone has the same order, and the law two-thirds Republican. That legisla- mary—those four States exacting a of Florida is complied with since there tion, setting the date of January 29, pledge in writing from the Presidential is nothing we can do about it. It is the was signed into law by Governor Crist, candidates who said they would not law. The election in the Presidential who himself is a Republican. have any campaigning in a State that primary process is going to be January In the course of deliberation of the moved its primary earlier than Feb- 29 in Florida. legislation, the Democratic leader in ruary 5—except those four States. No one would pay any attention to the State senate offered an amendment This is a little sensitive for us in that easy, short-term fix, but that is in to move the primary later, from Janu- Florida, naturally, as I have just come effect what is happening right now be- ary 29, 2008, to February 5, thus to com- from the State Democratic Convention cause, as of yesterday, Iowa Democrats ply with the request and rules of the where not any of the major Presi- joined Iowa Republicans and moved the DNC. That amendment was voted dential candidates have appeared. But, Presidential caucus up to January 3. It down. of course, they come and go from time is expected that the New Hampshire Thus, a duly called election, pursu- to time into Florida to raise money. Of secretary of State—who has sole au- ant to State law, is, in fact, going to be course, what a contrast that is, since thority to set the date of New Hamp- conducted by the machinery of the gov- the only penalty by the Republican Na- shire’s primary election—will move the ernment of the State of Florida and tional Committee was to take away date of the primary in New Hampshire paid for by the government of the half of Florida’s Republican delegates. to something within a week of Iowa’s State of Florida—estimated to the tune They did not stop their candidates January 3 caucus. What was suggested of some $18 million of taxpayer from coming in. Indeed, 1 week ago—a as a compromise last summer, without money—in order to have this Presi- significant contrast with the State Re- all of this punishment that has been dential primary. Because Florida law publican Convention—all of the Presi- levied, in effect is starting to happen. set the date of January 29, municipali- dential candidates were there, and in- For the long term we can fashion a ties have now moved all of their elec- deed they ended up, the State Repub- solution that takes into account the tions to concur with January 29. In- lican Convention, with a televised de- larger States as well as the small deed, also on the ballot is expected to bate of all the Republican Presidential States. Let all of them have a fair say be a major constitutional amendment candidates. in a system rotating regional pri- for the voters to decide upon having to This should concern not only Florid- maries, similar to the ones Senator do with a different subject matter, a ians, and it should concern not only LEVIN and I have introduced in the matter of great import to the people of Democrats, it ought to concern all vot- Senate. But in the process of exacting Florida, and that is the amount of ers because it is the principle of one this punishment on Florida, it is equal- their real estate taxes. In other words, person, one vote. That is a principle ly troubling that the average citizen in it is expected to be a big turnout on that has long been established in law Florida can no longer see their can- January 29. That is Florida law. and established by the Supreme Court didates for President because, as I ex- But the DNC took great umbrage at of the United States. In order to en- plained, the party bosses have barred the State of Florida and said: Under force that principle, I, along with oth- them from campaigning in Florida—ex- the rules we are going to penalize you ers, including the chairman of our cept for the private fundraisers. by taking away one-half of your dele- Florida Democratic delegation, Con- This is unacceptable. Paying for po- gates. Concurrently, the Republican gressman ALCEE HASTINGS, have filed a litical participation is unacceptable, National Committee likewise took federal lawsuit in Federal District and in a bygone era—one that we do

VerDate Mar 15 2010 13:48 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR07\S29OC7.000 S29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 29, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 28525 not want to return to—that was called Madam President, I yield the floor . . . matters relating to the following sub- a poll tax. and suggest the absence of a quorum. jects: . . . Just recently we saw a measure of The PRESIDING OFFICER (Mrs. 8. Payment of money out of the contingent fund of the Senate or creating a charge upon Florida voters overwhelmingly agree, MCCASKILL). The clerk will call the the same . . . regardless of their party affiliation, roll. that they do not think this is right. A The legislative clerk proceeded to UNITED STATES CODE just-released Quinnipiac Poll says by a call the roll. Title 2 section 68 margin of 62 to 16 Florida voters—that Ms. CANTWELL. Madam President, I Sec. 68. Payments from contingent fund of is, Republicans, Independents, and ask unanimous consent that the order Senate No payment shall be made from the contin- Democrats—believe it is wrong to strip for the quorum call be rescinded. gent fund of the Senate unless sanctioned by us of the delegates to the nominating The PRESIDING OFFICER. Without the Committee on Rules and Administration convention. That same poll also shows objection, it is so ordered. of the Senate. . . . the delegate ban may be hurting our f UNITED STATES SENATE TRAVEL REGULATIONS own Presidential candidates. MORNING BUSINESS Revised by the Committee on Rules and In this latest Quinnipiac Poll, it has Administration. been basically neck and neck between Ms. CANTWELL. Madam President, I United States Senate, effective October 1, Presidential candidate Giuliani and ask unanimous consent there now be a 1991 as amended January 1, 1999, as further Presidential candidate Clinton. As period for the transaction of morning amended December 7, 2006, as further amend- Clinton was in the lead, now Giuliani business with Senators permitted to ed October 26, 2007. has suddenly gone into the lead. Very speak for up to 10 minutes each. General regulations significantly, in that same Quinnipiac The PRESIDING OFFICER. Without I. Travel Authorization Poll of independent voters, 22 percent objection, it is so ordered. A. Only those individuals having an official of those independent voters said they f connection with the function involved may obligate the funds of said function. are less likely to consider voting for U.S. SENATE TRAVEL B. Funds disbursed by the Secretary of the Democrat for President in the gen- REGULATIONS Senate may be obligated by: eral election because of the DNC’s she- 1. Members of standing, select, special, nanigans. Mrs. FEINSTEIN. Madam President, joint, policy or conference committees. Mr. Chairman, Howard Dean, I hope I wish to inform all Senators that the 2. Staff of such committees. you are listening to our plea. If you are Committee on Rules and Administra- 3. Employees properly detailed to such not going to listen on the merits of the tion has updated the U.S. Senate Trav- committees from other agencies. case, that polling data is certainly el Regulations. The Ethics Committee 4. Employees of Members of such commit- recently issued guidance to the Rules tees whose salaries are disbursed by the Sec- why, Mr. Chairman Dean, you should retary of the Senate and employees ap- lift the ban because you are giving an Committee that making more than one reservation for official travel with a pointed under authority of section 111 of additional opportunity, an advantage Public Law 95–94, approved August 5, 1977, to the Republicans in the general elec- participating airline would not con- when designated as ‘‘ex officio employees’’ tion in the State of Florida. stitute a gift under Senate rule XXXV, by the Chairman of such committee. Ap- I have today formulated a motion for the Gift Rule. Consistent with the Eth- proval of the reimbursement voucher will be summary judgment to be offered in the ics Committee’s guidance, the trans- considered sufficient designation. next couple of days in the Federal Dis- portation expenses section of the U.S. 5. Senators, including staff and nominating Senate Travel Regulations has been up- board members. (Also individuals properly trict Court where the lawsuit has been detailed to a Senator’s office under author- filed. Today is the last day upon which dated to address the issue of making more than one reservation on sched- ity of Section 503(b)(3) of P.L. 96–465, ap- the defendant, Chairman Howard Dean, proved October 17, 1980.) and the defendants, the members of the uled flights. 6. All other administrative offices, includ- Democratic National Committee, have The following statement has been ing Officers and staff. to answer the lawsuit. Upon the basis added to I.B of the transportation ex- C. An employee who transfers from one of- of their answer, it is my intention and penses section, found on page IV–64 of fice to another on the same day he/she con- the intention of the other plaintiffs to the U.S. Senate Handbook: cludes official travel shall be considered an employee of the former office until the con- this lawsuit of filing a motion for sum- 3. A Member shall be permitted to make more than one reservation on scheduled clusion of that official travel. mary judgment that sets out the legal D. All travel shall be either authorized or and constitutional arguments of why flights with participating airlines when such action assists the Member in conducting his/ approved by the chairman of the committee, the judge should, in fact, stop this her official business. Senator, or Officer of the Senate to whom travesty of taking away votes from such authority has been properly delegated. This change is effective immediately. more than 4.25 million registered The administrative approval of the voucher Madam President, I ask unanimous Democratic voters in the State of Flor- will constitute the approvals required. It is consent that the updated U.S. Senate expected that ordinarily the authority will ida. Travel Regulations be printed in the be issued prior to the expenses being in- It does not have to be this way. If, in RECORD. curred and will specify the travel to be per- fact, the DNC recognizes that all these There being no objection, the mate- formed as such possible unless circumstances other States are moving forward to rial was ordered to be printed in the in a particular case prevent such action. earlier dates, then the sequence is pre- E. Official Travel Authorizations: The Gen- RECORD, as follows: served for those who wanted to be first. eral Services Administration, on behalf of Whether that is justified, their se- AUTHORITY OF THE COMMITTEE ON RULES AND the Committee on Rules and Administration, ADMINISTRATION TO ISSUE SENATE TRAVEL quence is preserved, and we can go on has contracted with several air carriers to REGULATIONS about getting our eye focused on the provide discount air fares for Members, Offi- The travel regulations herein have been cers, and employees of the Senate only when November 2008 election, instead of promulgated by the Committee on Rules and traveling on official business. This status is going through all of this rhubarb that Administration pursuant to the authority identifiable to the contracting air carriers is now engulfing the election appa- vested in it by paragraph 1(n)(1)8 of Rule by one of the following ways: ratus. XXV of the Standing Rules of the Senate and 1. The use of a government issued travel It is my hope that now the other by section 68 of Title 2 of the United States charge card. States are jumping to an earlier date, Code, the pertinent portions of which provi- 2. The use of an ‘‘Official Travel Authoriza- the DNC will see the wisdom of putting sions are as follows: tion’’ form which must be submitted to the air carrier prior to purchasing a ticket. this all behind us, of joining together STANDING RULES OF THE SENATE These forms must be personally approved by Rule XXV as the family we are, stop the family the Senator, chairman, or Officer of the Sen- squabbles, unite, and then start focus- Paragraph 1(n)(1)8 ate under whose authority the travel for offi- ing later on the 2008 November elec- (n)(1) Committee on Rules and Administra- cial business is taking place. Payment must tion. tion, to which committee shall be referred be made in advance by cash, credit card,

VerDate Mar 15 2010 13:48 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR07\S29OC7.000 S29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28526 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 October 29, 2007 check, or money order. The Official Travel (6) In those cases when a travel advance Senate Disbursing Office no less than five (5) Authorization forms are available in the has been paid, every effort should be made by calendar days prior to the commencement of Senate Disbursing Office. the office in question to submit to the Sen- official travel. II. Funds for Traveling Expenses ate Disbursing Office a corresponding travel (6) In those cases when a travel advance A. Individuals traveling on official busi- voucher within twenty-one (21) days of the has been paid, every effort should be made by ness for the Senate will provide themselves conclusion of such official travel. the office in question to submit to the Sen- with sufficient funds for all current ex- (7) Travel advances for official Senate ate Disbursing Office a corresponding travel penses, and are expected to exercise the same travel shall be repaid within 30 days after voucher within twenty-one (21) days of the care in incurring expenses that a prudent completion of travel. Anyone with an out- conclusion of such official travel. person would exercise if traveling on per- standing advance at the end of the 30-day pe- (7) Travel advances for official Senate sonal business. riod will be notified by the Disbursing Office travel shall be repaid within 30 days after 1. Travel Advances that they must repay within 15 days, or their completion of travel. Anyone with an out- (a) Advances to Committees (P.L. 81–118) salary may be garnished in order to satisfy standing advance at the end of the 30-day pe- (1) Chairmen of joint committees operating their indebtedness to the Federal govern- riod will be notified by the Senate Dis- from the contingent fund of the Senate, and ment. bursing Office that they must repay within chairmen of standing, special, select, policy, (8) In those cases when a travel advance 15 days, or their salary may be garnisheed in or conference committees of the Senate, may has been paid for a scheduled trip which order to satisfy their indebtedness to the requisition an advance of the funds author- prior to commencement is canceled or post- Federal government. ized for their respective committees. (8) In those instances when a travel ad- poned indefinitely, the traveler should im- (a) When any duty is imposed upon a com- vance has been paid for a scheduled trip mediately return the travel advance to the mittee involving expenses that are ordered which prior to commencement is canceled or Senate Disbursing Office. to be paid out of the contingent fund of the postponed indefinitely, the traveler in ques- (9) No more than two (2) travel advances Senate, upon vouchers to be approved by the tion should immediately return the travel per traveler may be outstanding at any one chairman of the committee charged with advance to the Senate Disbursing Office. such duty, the receipt of such chairman for time. (9) The amount authorized for each travel any sum advanced to him[her] or his[her] (10) The amount authorized for each travel advance should not exceed the estimated order out of said contingent fund by the Sec- advance should not exceed the estimated total of official out-of-pocket travel expenses retary of the Senate for committee expenses total of official out-of-pocket expenses for for the trip in question. The minimum travel not involving personal services shall be the trip in question. The minimum travel ad- advance that can be authorized for the offi- taken and passed by the accounting officers vance that can be authorized for the official cial travel expenses of a Senator and his/her of the Government as a full and sufficient travel expenses of a Committee Chairman staff is $200. No more than two (2) travel ad- voucher; but it shall be the duty of such and his/her staff is $200. vances per traveler may be outstanding at chairman, as soon as practicable, to furnish (11) The aggregate total of travel advances any one time. to the Secretary of the Senate vouchers in for committees shall not exceed $5,000, unless (10) The aggregate total of travel advances detail for the expenses so incurred. otherwise authorized by prior approval of the per Senator’s office shall not exceed 10% of (2) Upon presentation of the properly Committee on Rules and Administration. the expense portion of the Senators’ Official signed statutory advance voucher, the Dis- (b) Advances to Senators and their staffs (2 Personnel and Office Expense Account, or bursing Office will make the original ad- U.S.C. 58(j)) $5,000, whichever is greater. vance to the chairman or his/her representa- (Regulations for Travel Advances for Sen- (c) Advances to Administrative Offices of tive. This advance may be in the form of a ators and Their Staffs adopted by the Com- the Senate (Regulations Governing Cash Advances for check, or in cash, receipted for on the vouch- mittee on Rules and Administration, effec- Official Senate Travel, adopted by the Com- er by the person receiving the advance. tive April 20, 1983, pursuant to P.L. 97–276) mittee on Rules and Administration, effec- Under no circumstances are advances to be (1) Travel advances from a Senator’s Offi- tive July 23, 1987, pursuant to S. Res. 258, Oc- used for the payment of salaries or obliga- cial Personnel and Office Expense Account tober 1, 1987, as amended, as applicable to tions, other than petty cash transactions of must be authorized by that Senator for him- self/herself as well as for his/her staff. Staff Senate administrative offices) the committee. (1) Travel advances shall be made prior to (3) In no case shall a cash advance be paid is defined as those individuals whose salaries the commencement of official travel in the more than seven (7) calendar days prior to are funded from the Senator’s account. An employee in the Office of the President Pro form of cash, direct deposit, or check. Travel the commencement of official travel. In no advance requests shall be signed by the ap- case shall an advance in the form of a check Tempore, the Deputy President Pro Tem- pore, the Majority Leader, the Minority plicable Officer of the Senate and a staff per- be paid more than fourteen (14) calendar son designated with signature authority. days prior to the commencement of official Leader, the Majority Whip, the Minority Whip, the Secretary for the Conference of (2) Cash: Advances in the form of cash shall travel. Requests for advances in the form of be picked up only in the Senate Disbursing the Majority, or the Secretary for the Con- a check should be received by the Senate Office and will be issued only to the person ference of the Minority shall be considered Disbursing Office no less than five (5) cal- traveling (photo ID required), with excep- an employee in the office of the Senator endar days prior to the commencement of of- tions being made for Members and elected holding such office. ficial travel. The amount of the advance Officers of the Senate. The traveler (or the (2) Advances shall only be used to defray then becomes the responsibility of the indi- individual receiving the advance in the case official travel expenses . . . vidual receiving the advance, in that he/she of a travel advance for a Member or elected (3) Travel advances shall be made prior to must return the amount advanced before or Officer of the Senate) will sign the travel ad- the commencement of official travel in the shortly after the expiration of the authority vance form to acknowledge receipt of the form of cash, direct deposit, or check. Travel under which these funds were obtained. cash. (Regulations Governing Cash Advances for advance requests shall be signed by the (3) In no case shall a travel advance be paid Official Senate Travel adopted by the Com- Member and a staff person designated with more than seven (7) calendar days prior to mittee on Rules and Administration, effec- signature authority. the commencement of official travel. In no tive July 23, 1987, pursuant to S. Res. 258, Oc- (4) Cash: Advances in the form of cash shall case shall an advance in the form of a direct tober 1, 1987, as applicable to Senate commit- be picked up only in the Senate Disbursing deposit or check be paid more than fourteen tees) Office and will be issued only to the person (14) calendar days prior to the commence- (4) Travel advances shall be made prior to traveling (photo ID required), with excep- ment of official travel. Requests for ad- the commencement of official travel in the tions being made for Members and elected vances in the form of a direct deposit or form of cash, direct deposit, or check. Travel Officers of the Senate. The traveler (or the check should be received by the Senate Dis- advance requests shall be signed by the Com- individual receiving the advance in the case bursing Office no less than five (5) calendar mittee Chairman and a staff person des- of a travel advance for a Member or elected days prior to the commencement of official ignated with signature authority. Officer of the Senate) will sign the travel ad- travel. (5) Cash: Advances for travel in the form of vance form to acknowledge receipt of the (4) In those cases when a travel advance cash shall be picked up only in the Senate cash. has been paid, every effort should be made by Disbursing Office and will be issued only to (5) In no case shall a travel advance in the the office in question to submit to the Sen- the person traveling (photo ID required), form of cash be paid more than seven (7) cal- ate Disbursing Office a corresponding travel with exceptions being made for Members and endar days prior to the commencement of of- voucher within twenty-one (21) days of the elected Officers of the Senate. The traveler ficial travel. In no case shall an advance in conclusion of such official travel. (or the individual receiving the advance in the form of a direct deposit or check be paid (5) Travel advances for official Senate the case of a travel advance for a Member or more than fourteen (14) calendar days prior travel shall be repaid within 30 days after elected Officer of the Senate) shall sign the to the commencement of official travel. Re- completion of travel. Anyone with an out- travel advance form to acknowledge receipt quests for advances in the form of a direct standing advance at the end of the 30 day pe- of the cash. deposit or check should be received by the riod will be notified by the Disbursing Office

VerDate Mar 15 2010 13:48 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR07\S29OC7.000 S29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 29, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 28527 that they must repay within 15 days, or their travel, the intended itinerary, the author- those staff who are or will be frequent trav- salary may be garnisheed in order to satisfy izing signature of the Sergeant at Arms or elers. The Committee on Rules and Adminis- their indebtedness to the Federal govern- his designee, and a staff person designated tration reserves the right to cancel the an- ment. with signature authority. nual renewal of the card if the employee has (6) In those instances when a travel ad- (c) Payment of Advances— not traveled on official business during the vance has been paid for a scheduled trip (i) Travel advances shall be paid prior to previous year. which prior to commencement is canceled or the commencement of official travel in the (b) All reimbursable travel expenses may postponed indefinitely, the traveler in ques- form of cash, direct deposit, or check. be charged to these accounts including but tion should immediately return the travel (ii) Advances in the form of cash shall be not limited to per diem expenses and advance to the Senate Disbursing Office. picked up only in the Senate Disbursing Of- incidentals. Direct pay vouchers to the (7) The amount authorized for each travel fice and will be issued only to the person charge card vendor (currently Bank of Amer- advance should not exceed the estimated traveling (photo ID required), with excep- ica) may be submitted for the Airfare, train, total of official out-of-pocket travel expenses tions being made for Members and elected and bus tickets charged to this account. All for the trip in question. The minimum travel Officers of the Senate. The traveler (or the other travel charges on the account must be advance that can be authorized for the offi- individual receiving the advance in the case paid to the traveler for him/her to personally cial travel expenses of a Senator Officer and of a travel advance for a Member or elected reimburse the charge card vendor. his/her staff is $200. No more than two (2) Officer of the Senate) will sign the travel ad- (c) Timely payment of these Individually travel advances per traveler may be out- vance form to acknowledge receipt of the Billed travel accounts is the responsibility of standing at any one time. cash. the cardholder. The General Services Admin- (d) Office of the Secretary of the Senate (2 (iii) In no case shall a travel advance in the istration contract requires payment to the U.S.C. 61a–9a) form of cash be paid more than seven (7) cal- account within 60 days before suspension is (1) . . . The Secretary of the Senate is au- endar days prior to the commencement of of- enforced on the account. The account is can- thorized to advance, with his discretion, to ficial travel. In no case shall a travel ad- celled and the cardholder’s credit is revoked any designated employee under his jurisdic- vance in the form of a direct deposit or when a past due balance is carried on the tion, such sums as may be necessary, not ex- check be paid more than fourteen (14) days card for 120 days. ceeding $1,000, to defray official travel ex- prior to the commencement of official trav- (2) One Centrally Billed government charge penses in assisting the Secretary in carrying el. Requests for travel advances in the form account authorized by the General Services out his duties . . . of a direct deposit or check should be re- Administration and approved by the Com- (e) Office of the Sergeant at Arms and ceived by the Senate Disbursing Office no mittee on Rules and Administration are Doorkeeper of the Senate (2 U.S.C. 61f–1a) less than five (5) calendar days prior to the available to each Member, Committee, and (1) For the purpose of carrying out his du- commencement of official travel. Administrative Office for official transpor- ties, the Sergeant at Arms and Doorkeeper (d) Repayment of Advances— tation expenses in the form of airfare, train, of the Senate is authorized to incur official (i) The total of the expenses on a travel and bus tickets, and rental cars. travel expenses during each fiscal year not voucher shall be offset by the amount of the (a) Direct pay vouchers to the charge card to exceed sums made available for such pur- corresponding travel advance, providing for vendor (currently Bank of America) may be pose under appropriations Acts. With the ap- the payment (or repayment) of the difference submitted for the airfare, train, and bus proval of the Sergeant at Arms and Door- between the outstanding advance and the tickets, and rental car expenses charged to keeper of the Senate and in accordance with total of the official travel expenses. this account. (ii) In those cases when a travel advance such regulations as may be promulgated by (b) Other transportation costs, per diem has been paid, every effort should be made to the Senate Committee on Rules and Admin- expenses, and incidentals are not authorized submit to the Senate Disbursing Office a cor- istration, the Secretary of the Senate is au- charges for these accounts unless expressly responding travel voucher within twenty-one thorized to advance to the Sergeant at Arms authorized by these regulations or through (21) days of the conclusion of such official or to any designated employee under the ju- prior approval from the Committee on Rules travel. risdiction of the Sergeant at Arms and Door- and Administration. (iii) Travel Advances for official Senate keeper, such sums as may be necessary to de- (c) Timely payment of these Centrally travel shall be repaid within 30 days after fray official travel expenses incurred in car- Billed travel accounts is the responsibility of completion of travel. Anyone with an out- rying out the duties of the Sergeant at Arms the cardholder, usually the Office Manager standing travel advance at the end of the 30- and Doorkeeper. The receipt of any such sum or Chief Clerk of the office. The General day period will be notified by the Senate Dis- so advanced to the Sergeant at Arms and Services Administration contract requires bursing Office that they must repay within Doorkeeper or to any designated employee payment to the account within 60 days be- 15 days, or their salary may be garnisheed in shall be taken and passed by the accounting fore suspension is enforced on the account. order to satisfy their indebtedness to the officers of the Government as a full and suf- The account is cancelled and the card- Federal Government. ficient voucher; but it shall be the duty of (iv) In those instances when a travel ad- holder’s credit is revoked when a past due the traveler, as soon as practicable, to fur- vance has been paid for a scheduled trip balance is carried on the card for 120 days. nish to the Secretary of the Senate a de- which prior to commencement is cancelled (3) A centrally billed account may be es- tailed voucher of the expenses incurred for or postponed indefinitely, the traveler in tablished through the approved Senate ven- the travel to which the sum was so advanced, question should immediately return the dor (currently the Combined Airlines Ticket and make settlement with respect to such travel advance to the Senate Disbursing Of- Office (CATO)) and will be charged against sum. Payments under this section shall be fice. an account number issued to each designated made from funds included in the appropria- (e) Limits— office; there are no charge cards issued for tions account, within the contingent fund of (i) To minimize the payment of travel ad- such an account. the Senate, for the Sergeant at Arms and vances, whenever possible, travelers are ex- III. Foreign Travel Doorkeeper of the Senate, upon vouchers ap- pected to utilize the corporate and indi- A. Reimbursement of foreign travel ex- proved by the Sergeant at Arms and Door- vidual travel cards approved by the Com- penses is not authorized from the contingent keeper. mittee on Rules and Administration. fund of Member offices. (Committee on Rules and Administration (ii) The amount authorized for each travel B. Committees, including all standing, se- regulations for travel advances for the Office advance should not exceed the estimated lect, and special committees of the Senate of the Senate Sergeant at Arms) total of official out-of-pocket travel expenses and all joint committees of the Congress (a) General—With the written approval of for the trip in question. whose funds are disbursed by the Secretary the Sergeant at Arms or designee, advances (iii) The minimum travel advance that can of the Senate, are authorized funds for for- from the contingent expense appropriation be authorized for official travel expenses is eign travel from their committee budget and account for the Office of the Sergeant at $200. No more than two (2) cash advances per through S. Res. 179, 95–1, notwithstanding Arms may be provided to the Sergeant at traveler may be outstanding at any one Congressional Delegations which are author- Arms or the Sergeant at Arms’ staff to de- time. ized foreign travel funds under the authority fray official travel expenses, as defined by 2. Government Travel Plans of the Mutual Security Act of 1954 (22 U.S.C. the U.S. Senate Travel Regulations. Staff is (a) Government Charge Cards 1754). defined as those individuals whose salaries (1) Individual government charge cards au- C. (Restrictions)—amendment to Rule are funded by the line item within the ‘‘Sala- thorized by the General Services Administra- XXXIX of the Standing Rules of the Senate, ries, Officers, and Employees’’ appropriation tion and approved by the Committee on pursuant to S. Res. 80, agreed to January 28, account for the Office of the Sergeant at Rules and Administration are available to 1987. Arms. Members, Officers, and employees of the Sen- 1. (a) Unless authorized by the Senate (or by (b) Forms—Travel advance request forms ate for official travel expenses. the President of the United States after an ad- shall include the date of the request, the (a) The employing Senator, chairman, or journment sine die), no funds from the United name of the traveler, the dates of the official Officer of the Senate should authorize only States Government (including foreign currencies

VerDate Mar 15 2010 13:48 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR07\S29OC7.000 S29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28528 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 October 29, 2007 made available under section 502(b) of the Mu- other than interdepartmental transportation these regulations. The official expense sum- tual Security Act of 1954 (22 U.S.C. 1754(b), as shall be made only for trips which begin and mary report form is available at the Senate amended) shall be received by any Member of end in Washington, DC, or, in the case of an Disbursing Office or through the Senate the Senate whose term will expire at the end of employee assigned to an office of a Senator Intranet. a Congress after— in the Senator’s home state, on trips which B. Computer generated vouchers should be (1) the date of the general election in which begin and end at the place where such office submitted with a signed original. Every trav- his successor is elected; or is located. el voucher must show in the space provided (2) in the case of a Member who is not a can- 2. Travel may begin and/or end at the Sen- for such information on the voucher form didate in such general election, the earlier of the ate traveler’s residence when such deviation the dates of travel, the official travel date of such general election or the adjournment from the duty station locale is more advan- itinerary, the value of the transportation, sine die of the second regular session of that tageous to the government. per diem expenses, incidental expenses, and Congress. 3. For purposes of these regulations, the conference/training fees incurred. (b) The travel restrictions provided by sub- ‘‘duty station’’ shall encompass the area C. Travel vouchers must be supported by paragraph (a) with respect to a Member of the within thirty-five (35) miles from where the receipts for expenses in excess of $50. In addi- Senate whose term will expire at the end of a Senator’s home state office or designated tion, the Committee on Rules and Adminis- Congress shall apply to travel by— duty station is located. tration reserves the right to request addi- (1) any employee of the Member; C. No employee of the Senate, relative or tional clarification and/or certification upon (2) any elected Officer of the Senate whose supervisor of the employee may directly ben- the audit of any expense seeking reimburse- employment will terminate at the end of a Con- efit monetarily from the expenditure of ap- ment from the contingent fund of the Senate gress; and propriated funds which reimburse expenses regardless of the expense amount. (3) any employee of a committee whose em- associated with official Senate travel. There- D. When presented independently, credit ployment will terminate at the end of a Con- fore, reimbursements are not permitted for card receipts such as Visa, Master Charge, or gress. mortgage payments, or rental fees associated Diners Club, etc. are not acceptable docu- 2. No Member, Officer, or employee engaged in with any type of leasehold interest. mentation for lodging. If a hotel bill is lost foreign travel may claim payment or accept D. A duty station for employees, other or misplaced, then the credit card receipt ac- funds from the United States Government (in- than Washington, DC, may be designated by companied by a certifying letter from the cluding foreign currencies made available under Members, Committee Chairmen, and Officers traveler to the Financial Clerk of the Senate section 502(b) of the Mutual Security Act of 1954 of the Senate upon written designation of will be considered necessary documentation. (22 U.S.C. 1754(b)) for any expense for which such station to the Senate Disbursing Office. Such letter must itemize the total expenses the individual has received reimbursement from Such designation shall include a statement in support of the credit card receipt. any other source; nor may such Member, Offi- that the Member or Officer has read and cer, or employee receive reimbursement for the Transportation Expenses agrees to the pertinent travel regulations on same expense more than once from the United I. Common Carrier Transportation and Ac- permissible reimbursements. The duty sta- States Government. No Member, Officer, or em- commodations tion may be the city of the office location or ployee shall use any funds furnished to A. Transportation includes all necessary the city of residence. himƒ/her≈ to defray ordinary and necessary ex- official travel on railroads, airlines, heli- E. For purposes of these regulations, the penses of foreign travel for any purpose other copters, buses, streetcars, taxicabs, and metropolitan area of Washington, DC, shall than the purpose or purposes for which such other usual means of conveyance. Transpor- be defined as follows: funds were furnished. tation may include fares and such expenses 3. A per diem allowance provided a Member, 1. The District of Columbia incidental to transportation such as but not Officer, or employee in connection with foreign 2. Maryland Counties of limited to baggage transfer. When a claim is travel shall be used solely for lodging, food, and a) Charles made for common carrier transportation ob- related expenses and it is the responsibility of b) Montgomery tained with cash, the travel voucher must the Member, Officer, or employee receiving such c) Prince Georges show the amount spent, including Federal an allowance to return to the United States 3. Virginia Counties of transportation tax, and the mode of trans- Government that portion of the allowance re- a) Arlington portation used. ceived which is not actually used for necessary b) Fairfax 1. Train Accommodations lodging, food, and related expenses. c) Loudoun (a) Sleeping-car accommodations: The low- IV. Reimbursable Expenses: Travel ex- d) Prince William est first class sleeping accommodations penses (i.e., transportation, lodging, meals 4. Virginia Cities of available shall be allowed when night travel and incidental expenses) which will be reim- a) Alexandria is involved. When practicable, through sleep- bursed are limited to those expenses essen- b) Fairfax ing accommodations should be obtained in tial to the transaction of official business c) Falls Church all cases where more economical to the Sen- while away from the official station or post d) Manassas ate. of duty. e) Manassas Park (b) Parlor-car and coach accommodations: A. Member Duty Station(s): The official 5. Airport locations of One seat in a sleeping or parlor car will be duty station of Senate Members shall be con- (a) Baltimore/Washington International allowed. Where adequate coach accommoda- sidered to be the metropolitan area of Wash- Thurgood Marshall Airport tions are available, coach accommodations ington, DC. (b) Ronald Reagan Washington National should be used to the maximum extent pos- 1. During adjournment sine die or the Au- Airport sible, on the basis of advantage to the Sen- gust adjournment/recess period, the usual (c) Washington Dulles International Air- ate, suitability and convenience to the trav- place of residence in the home state, as cer- port eler, and nature of the business involved. tified for purposes of official Senate travel, F. When the legislative business of the 2. Airplane Accommodations shall also be considered a duty station. Senate requires that a Member be present, (a) First-class and air-coach accommoda- 2. Each Member shall certify in writing at then the round trip actual transportation ex- tions: It is the policy of the Senate that per- the beginning of each Congress to the Senate penses incurred in traveling from the city sons who use commercial air carriers for Disbursing Office his/her usual place of resi- within the United States where the Member transportation on official business shall use dence in the home state; such certification is located to Washington, DC, may be reim- less than first-class accommodations instead document shall include a statement that the bursed from official Senate funds. of those designated first-class with due re- Senator has read and agrees to the pertinent G. Any deviation from this policy will be gard to efficient conduct of Senate business travel regulations on permissible reimburse- considered on a case by case basis upon the and the travelers’ convenience, safety, and ments. written request to, and approval from, the comfort. 3. For purposes of this provision, ‘‘usual Committee on Rules and Administration. (b) Use of United States-flag air carriers: place of residence’’ in the home state shall V. Travel Expense Reimbursement Vouch- All official air travel shall be performed on encompass the area within thirty-five (35) ers United States-flag air carriers except where miles of the residence (by the most direct A. All persons authorized to travel on offi- travel on other aircraft (1) is essential to the route). If a Member has no ‘‘usual place of cial business for the Senate should keep a official business concerned, or (2) is nec- residence’’ in his/her home state, he/she may memorandum of expenditures properly essary to avoid unreasonable delay, expense, designate a ‘‘voting residence,’’ or any other chargeable to the Senate, noting each item or inconvenience. ‘‘legal residence,’’ pursuant to state law (in- at the time the expense is incurred, together B. Change in Travel Plans: When a traveler cluding the area within thirty-five (35) miles with the date, and the information thus ac- finds he/she will not use accommodations of such residence), as his/her duty station. cumulated should be made available for the which have been reserved for him/her, he/she B. Officer and Employee Duty Station proper preparation of travel vouchers which must release them within the time limits 1. In the case of an officer or employee, re- must be itemized on an official expense sum- specified by the carriers. Likewise, where imbursement for official travel expenses mary report and stated in accordance with transportation service furnished is inferior

VerDate Mar 15 2010 13:48 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR07\S29OC7.000 S29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 29, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 28529 to that called for by a ticket or where a jour- Travel Awards at the discretion of the Mem- ficer of the Senate, certain conveyances may ney is terminated short of the destination ber or officer, the Committee encourages the be used when traveling on official Senate specified, the traveler must report such facts use of such Travel Awards (whenever prac- business. Specific types of conveyances are to the proper official. Failure of travelers to ticable) to offset the cost of future official privately owned, special, and private air- take such action may subject them to liabil- travel. plane. ity for any resulting losses. F. Indirect Travel: In case a person, for his/ A. Privately Owned 1. ‘‘No show’’ charges, if incurred by Mem- her own convenience, travels by an indirect 1. Chairmen of committees, Senators, Offi- bers or staff personnel in connection with of- route or interrupts travel by direct route, cers of the Senate, and employees, regardless ficial Senate travel, shall not be considered the extra expense will be borne by the trav- of subsistence status and hours of travel, payable or reimbursable from the contingent eler. Reimbursement for expenses shall be al- shall, whenever such mode of transportation fund of the Senate. lowed only on such charges as would have is authorized or approved as more advan- 2. Senate travelers exercising proper pru- been incurred by the official direct route. tageous to the Senate, be paid the appro- dence can make timely cancellations when Personal travel should be noted on the trav- priate mileage allowance in lieu of actual ex- necessary in order to avoid ‘‘no show’’ as- eler’s expense summary report when it inter- penses of transportation. This amount sessments. rupts official travel. should not exceed the maximum amount au- 3. A Member shall be permitted to make G. Public Transportation During Official thorized by statute for use of privately more than one reservation on scheduled Travel: Transportation by bus, streetcar, owned motorcycles, automobiles, or air- flights with participating airlines when such subway, or taxicab, when used in connection planes, when engaged in official business action assists the Member in conducting his/ with official travel, will be allowed as an of- within or outside their designated duty sta- her official business. ficial transportation expense. tions. It is the responsibility of the office to C. Compensation Packages: In the event H. Dual Purpose Travel: Dual purpose trav- fix such rates, within the maximum, as will that a Senate traveler is denied passage or el occurs when a Senator, staffer, or other most nearly compensate the traveler for nec- gives up his/her reservation due to over- official traveler conducts both Senatorial of- essary expenses. 2. In addition to the mileage allowance booking on transportation for which he/she fice business and Committee office business there may be allowed reimbursement for the held a reservation and this results in a pay- during the same trip. The initial point at actual cost of automobile parking fees (ex- ment of any rebate, this payment shall not which official business is conducted will de- cept parking fees associated with com- be considered as a personal receipt by the termine the fund which will be charged for muting); ferry fees; bridge, road, and tunnel traveler, but rather as a payment to the Sen- travel expenses from and to Washington, DC. costs; and airplane landing and tie-down ate, the agency for which and at whose ex- Examples include: fees. pense the travel is being performed. 1. If committee business is conducted at the first stop in the trip, travel expenses 3. When transportation is authorized or ap- 1. Such payments shall be submitted to the proved for motorcycles or automobiles, mile- appropriate individual for the proper disposi- from Washington, DC, to said point and re- turn will be chargeable to the committee’s age between points traveled shall be certified tion when the traveler submits his/her ex- by the traveler. Such mileage should be in pense account. funds. Additional travel expenses from said point to other points in the United States, accordance with the Standard Highway Mile- 2. Through fares, special fares, commuta- age Guide. Any substantial deviations shall tion fares, excursion, and reduced-rate round incurred by reason of conducting senatorial business, will be charged to the Senators’ Of- be explained on the reimbursement voucher. trip fares should be used for official travel 4. In lieu of the use of taxicab, payment on when it can be determined prior to the start ficial Personnel and Office Expense Account. 2. If senatorial business is conducted at the a mileage basis at a rate not to exceed the of a trip that any such type of service is first stop in the trip, travel expenses from maximum amount authorized by statute will practical and economical to the Senate. Washington, DC, to said point and return be allowed for the round-trip mileage of a 3. Round-trip tickets should be secured will be chargeable to the Senators’ Official privately owned vehicle used in connection only when, on the basis of the journey as Personnel and Office Expense Account. Com- with an employee going from either his/her planned, it is known or can be reasonably an- mittee funds will be charged with any addi- place of abode or place of business to a ter- ticipated that such tickets will be utilized. tional travel expenses incurred for the pur- minal or from a terminal to either his/her D. Ticket Preparation Fees: Each Chair- pose of performing committee business. place of abode or place of business: Provided, man, Senator, or Officer of the Senate may, I. Interrupted Travel: If a traveler inter- that the amount of reimbursement for at his/her discretion, authorize in extenu- rupts official travel for personal business, round-trip mileage shall not in either in- ating circumstances the reimbursement of the traveler may be reimbursed for transpor- stance exceed the taxicab fare for a one-way penalty fees associated with the cancellation tation expenses incurred which are less than trip between such applicable points, notwith- of through fares, special fares, commutation or equal to the amount the traveler would standing the obligations of reasonable sched- fares, excursion, reduced-rate round trip have been reimbursed had he/she not inter- ules. fares and fees for travel arrangements, pro- rupted travel for personal business. Like- 5. Parking Fees: Parking fees for privately vided that reimbursement of such fees offers wise, if a traveler departs from or returns to owned vehicles may be incurred in the duty the best value and does not exceed $30. a city other than the traveler’s duty station station when the traveler is engaged in E. Frequent Flyer Miles: Travel pro- or residence for personal business, then the interdepartmental transportation or when motional awards (e.g. free travel, travel dis- traveler may be reimbursed for transpor- the traveler is leaving their duty station and counts, upgrade certificates, coupons, fre- tation expenses incurred which are less than entering into a travel status. The fee for quent flyer miles, access to carrier club fa- or equal to the amount the traveler would parking a vehicle at a common carrier ter- cilities, and other similar travel promotional have been reimbursed had the witness de- minal, or other parking area, while the trav- items) obtained by a Member, officer or em- parted from and returned to his/her duty sta- eler is away from his/her official station, will ployee of the Senate while on official travel tion or residence. be allowed only to the extent that the fee, may be utilized for personal use at the dis- II. Baggage plus the allowable mileage reimbursement, cretion of the Member or officer pursuant to A. The term ‘‘baggage’’ as used in these to and from the terminal or other parking this section. regulations means Senate property and per- area, does not exceed the estimated cost for 1. Travel Awards may be retained and used sonal property of the traveler necessary for use of a taxicab to and from the terminal. at the sole discretion of the Member or offi- the purposes of the official travel. 6. Mileage for use of privately owned air- cer only if the Travel Awards are obtained B. Baggage in excess of the weight or of planes shall be certified from airway charts under the same terms and conditions as size greater than carried free by transpor- issued by the National Oceanic and Atmos- those offered to the general public and no fa- tation companies will be classed as excess pheric Administration, Department of Com- vorable treatment is extended on the basis of baggage. Where air-coach or air-tourist ac- merce, and will be reported on the reim- the Member, officer or employee’s position commodations are used, transportation of bursement voucher and used in computing with the Federal Government. baggage up to the weight carried free on payment. If a detour was necessary due to 2. Members, officers and employees may first-class service is authorized without adverse weather, mechanical difficulty, or only retain Travel Awards for personal use charge to the traveler; otherwise excess bag- other unusual conditions, the additional air when such Travel Awards have been obtained gage charges will be an allowable expense. mileage may be included in the mileage re- at no additional cost to the Federal Govern- C. Necessary charges for the transfer of ported on the reimbursement voucher and, if ment. It should be noted that any fees as- baggage will be allowed. Charges for the included, it must be explained. sessed in connection with the use of Travel storage of baggage will be allowed when such 7. Mileage shall be payable to only one of Awards shall be considered a personal ex- storage was solely on account of official two or more employees traveling together on pense of the Member, officer or employee and business. Charges for porters and checking the same trip and in the same vehicle, but no under no circumstances shall be paid for or baggage at transportation terminals will be deduction shall be made from the mileage reimbursed from official funds. allowed. otherwise payable to the employee entitled 3. Although this section permits Members, III. Use of Conveyances: When authorized thereto by reason of the fact that other pas- officers and employees of the Senate to use by the employing Senator, Chairman, or Of- sengers (whether or not Senate employees)

VerDate Mar 15 2010 13:48 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR07\S29OC7.000 S29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28530 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 October 29, 2007 may travel with him/her and contribute in arate insurance charges; therefore, any indi- with a direct interest in legislation, gifts aggre- defraying the operating expenses. The names viduals who choose to use non-participatory gating over $100 in a calendar year (The rule of Senate Members or employees accom- car rental agencies may be personally re- also prohibits gifts aggregating $300 per cal- panying the traveler must be stated on the sponsible for any damages or liability ac- endar year from anyone who is not a relative). travel voucher. crued while on official Senate business. Thus, if a lobbyist offers a Member the use of 8. When damages to a privately owned ve- (e) Insurance: In connection with the rent- his airplane to fly the Member on a vacation hicle occur due to the negligent or wrongful al of vehicles from commercial sources, the trip, and if the value of the use of the airplane act or omission of any Member, Officer, or Senate will not pay or reimburse for the cost is over $100, the member must provide reimburse- employee of the Senate while acting within of the loss/damage waiver (LDW), collision ment to comply with Rule 35. the scope of his/her employment, relief may damage waiver (CDW) or collision damage ‘‘In most circumstances, where reimbursement be sought under the Federal Tort Claims insurance available in commercial rental is not required, the Member will still need to de- Act. Information on who to contact will go contracts for an extra fee. termine the value of the use of the aircraft be- here. (1) The waiver or insurance referred to is cause, if the value is $250 or more, the use of the B. Special the type offered a renter to release him/her aircraft must be disclosed on the Member’s an- 1. General: from liability for damage to the rented vehi- nual financial disclosure forms. (a) The hire of boat, automobile, aircraft, cle in amounts up to the amount deductible ‘‘In determining the value of an item for both or other conveyance will be allowed if au- on the insurance included as part of the rent- reimbursement and disclosure purposes, the thorized or approved as advantageous to the al contract without additional charge. Committee has consistently stated that the ap- Senate whenever the Member or employee is (2) The cost of personal accident insurance plicable standard is the value of the item to the engaged on official business outside his/her is a personal expense and is not reimburs- recipient. In the use of private aircraft, the designated duty station. able. Committee concluded that the value to a Mem- (b) Where two or more persons travel to- (3) Accidents While On Official Travel: Col- ber would be the cost he would have to incur to gether by means of such special conveyance, lision damage to a rented vehicle, for which purchase the same level of service in the open that fact, together with the names of those the traveler is liable while on official busi- market. The Committee felt that the level of accompanying him/her, must be stated by ness, will be considered an official travel ex- service generally provided in using private air- each traveler on his/her travel voucher and pense of the Senate up to the deductible craft is most nearly equivalent to first-class the aggregate cost reimbursable will be sub- amount contained in the rental contract. service provided by commercial carriers where ject to the limitation stated above. Such claims shall be considered by the Ser- such commercial service is available. Where no (c) If the hire of a special conveyance in- geant at Arms of the Senate on a case by regularly scheduled commercial service is avail- cludes payment by the traveler of the inci- case basis and, when authorized, settled from able, to obtain the same service provided by the dental expenses of gasoline or oil, rent of ga- the contingent fund of the Senate under the use of a private aircraft, a Member would be re- rage, hangar, or boathouse, subsistence of line item—Reserve for Contingencies. This is quired to charter an airplane. operator, ferriage, tolls, operator waiting consistent with the long-standing policy of ‘‘Ruling: The Committee has agreed on the time, charges for returning conveyances to the government to self-insure its own risks following method for calculating the value of the original point of hire, etc., the same of loss or damage to government property the use of an aircraft for both reimbursement should be first paid, if practicable, by the and the liability of government employees and disclosure: person furnishing the accommodation, or his/ for actions within the scope of their official ‘‘1. If the cities between which the Member is her operator, and itemized in the bill. duties. flying have regularly scheduled air service, re- 2. Rental Cars: (4) However, when damages to a rented ve- gardless of whether such service is direct, then (a) In no case may automobiles be hired for hicle occurs due to the negligent or wrongful the value of the use of the aircraft is the cost of use in the metropolitan area of Washington, act or omission of any Member, Officer, or a first-class ticket from the point of departure to DC, by anyone whose duty station is Wash- employee of the Senate while acting within the destination. ington, DC. the scope of his/her employment, relief may ‘‘2. If the cities have regularly scheduled air (b) Reimbursements for rental of special be sought under the Federal Tort Claims service, but only standard (coach) rate, then the conveyances will be limited to the cost ap- Act. value of the use of the aircraft is the coach rate. ‘‘3. If either the city from which the Member plicable to a conveyance of a size necessary 3. Charter Aircraft: flies or his destination does not have regularly for a single traveler regardless of the number (a) Reimbursements for charter aircraft scheduled air service, then the value of the use of authorized travelers transported by said will be limited to the charges for a twin-en- of the aircraft is the cost of chartering the same vehicle, unless the use of a larger class vehi- gine, six seat plane, or comparable aircraft. or a similar aircraft for that flight. cle on a shared cost basis is specifically ap- Charter of aircraft may be allowed notwith- ‘‘The Committee notes that its ruling is gen- proved in advance by the Committee on standing the availability of commercial fa- erally consistent with Federal Election Commis- Rules and Administration, or the form ‘Re- cilities, if such commercial facilities are not sion regulations pertaining to the use of private quest for a Waiver of the Travel Regulations’ such that reasonable schedules may be kept. aircraft by candidates for Federal office. is submitted with the voucher, and found in When charter aircraft is used, an explanation ‘‘The Committee further notes that the Com- order upon audit by the Rules Committee. and detail of the size of the aircraft, i.e., mittee on Rules and Administration has adopted (c) For administrative purposes, reim- seating capacity and number of engines, travel regulations pertaining to the level of re- bursement may be payable to only one of shall be provided on the face of the voucher. imbursement to be provided from official funds two or more Senate travelers traveling to- (b) In the event charter facilities are not to Members who seek such reimbursement for air gether on the same trip and in the same ve- available at the point of departure, reim- transportation costs they have paid. Our ruling hicle. bursement for charter from nearest point of addresses only the reimbursement which Mem- (d) Government Rate: In connection with such availability to the destination and re- bers must make to the individual or organiza- the hire of an automobile for the use in con- turn may be allowed. tion whose aircraft he uses, not the level of re- ducting Senate business outside of Wash- (c) When a charter aircraft larger than a imbursement Members may receive from official ington, DC, it should be noted that the Mili- twin-engine, six seat plane is used, the form funds. tary Traffic Management Command (MTMC), ‘‘Request for a Waiver of the Travel Regula- ‘‘Note: The Gifts Rule limit discussed in this a division of the Department of Defense, ar- tions’’ is submitted with the voucher. ruling has changed. But the method of calcu- ranges all rental car agreements for the gov- C. Private Airplane: Interpretative Ruling lating the value of the use of an aircraft re- ernment. of the Select Committee on Ethics, No. 412, mains the same.’’ (1) These negotiated car rental rates are issued August 11, 1986 IV. Interdepartmental Transportation for federal employees traveling on official ‘‘In some circumstances, a Member who uses a A. The reimbursement for interdepart- business and include unlimited mileage, plus private airplane is required to reimburse the mental transportation is authorized as a full comprehensive and collision coverage provider of the aircraft to avoid either a prohib- travel expense pursuant to 2 U.S.C. 58(e) but (CDW) on rented vehicles at no cost to the ited gift under the Senate Gift Rule or a prohib- only for the incidental transportation ex- traveler. ited in-kind contribution to an unofficial office penses incurred within the duty station in (2) For guidance on rate structure and the account. Senate Rule 38 (Prohibition of Unoffi- the course of conducting official Senate busi- companies participating in these rate agree- cial Office Accounts), generally prohibits pri- ness. Such reimbursement would include the ments, call the approved Senate vendor (cur- vate sources from providing funds or services to following expenses: rently the Combined Airline Ticket Office defray a Member’s officially related expenses. 1. Mileage when using a privately owned (CATO)). Thus, if a friend offers to loan a Member an air- vehicle (3) Individuals traveling on behalf of the craft to attend town meetings across the Mem- 2. Bus, subway, taxi-cab, parking, and auto United States Senate should use these com- ber’s home state, the Member must reimburse for rental. (However, reimbursement is prohib- panies to the maximum extent possible since the use of the aircraft to comply with Rule 38. ited for auto rental expenses within the these agreements provide full coverage with Senate Rule 35 (Gifts) prohibits Members from Washington DC, metropolitan area duty sta- no extra fee. The Senate will not pay for sep- accepting from an individual or organization tion.)

VerDate Mar 15 2010 13:48 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR07\S29OC7.000 S29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 29, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 28531 B. Pursuant to S. Res. 294, agreed to April are reimbursed only such per diem expenses per diem expenses as defined by these regula- 29, 1980, section 2.(1), reimbursements and as are justified by the circumstances affect- tions. payments shall not be made for commuting ing the travel. Maximum rates for subsist- Incidental Expenses expenses, including parking fees incurred in ence expenses are established by the General I. Periodicals: Periodicals purchased while commuting. Services Administration and are published in in a travel status should be limited to news- the Federal Register. Maximum per diem Subsistence Expenses papers and news magazines necessary to stay rates for Alaska, Hawaii, the Commonwealth 1. Per Diem Expenses informed on issues directly related to Senate of Puerto Rico, and possessions of the United A. Allowance business. States are established by the Department of 1. Per diem expenses include all charges for II. Traveler’s Checks/Money Orders: The Defense and are also published in the Federal meals, lodging, personal use of room during service fee for preparation of traveler’s Register. In addition, per diem rates for for- daytime, baths, all fees and tips to waiters, checks or money orders for use during offi- eign countries are established by the Depart- porters, baggagemen, bell boys, hotel serv- cial travel is allowable. ment of State and are published in the docu- ants, dining room stewards and others on III. Communications ment titled, ‘‘Maximum Travel Per Diem for vessels, laundry, cleaning and pressing of A. Communication services such as tele- Foreign Areas.’’ clothing, and fans in rooms. The term ‘‘lodg- phone, telegraph, and faxes, may be used on (a) Per diem expenses reimbursable to a ing’’ does not include accommodations on official business when such expeditious Member or employee of the Senate in con- airplanes or trains, and these expenses are means of communications is essential. Gov- nection with official travel within the conti- not subsistence expenses. ernment-owned facilities should be used, if nental United States shall be made on the (a) Laundry: Laundry expenses must be in- practical. If not available, the cheapest prac- basis of actual expenses incurred, but not to curred during the mid-way point of a trip. tical class of commercial service should be exceed the maximum rate prescribed by the Reimbursable laundry expenses are for the used. Committee on Rules and Administration for refreshing of clothing during a trip, but not B. Additionally, one personal telephone each day spent in a travel status. Any por- the maintenance of the clothing. call will be reimbursed for each day that a tion of a day while in a travel status shall be (b) Meals: Reimbursable expenses incurred Senator or staff member is in a travel status. considered a full day for purposes of per diem for meals while on official travel include The calls may not exceed an average of five entitlement. meals and tips for the traveler only and may minutes a day, and cannot be reimbursed at (b) When travel begins or ends at a point in not include alcohol. a rate higher than $5.00 without itemized the continental United States, the maximum 2. Per diem expenses will not be allowed an documentation. per diem rate allowable for the portion of employee at his/her permanent duty station IV. Stationery: Stationery items such as travel between such place and the place of and will be allowed only when associated pens, paper, batteries, etc. which are nec- entry or exit in the continental United with round trip travel outside his/her perma- essary to conduct official Senate business States shall be the maximum rate prescribed nent duty station. while in a travel status are authorized. by the Committee on Rules and Administra- (a) Training: Meals in the duty station are V. Conference Center/Meeting Room Res- tion for travel within the continental United only reimbursable when they are incurred ervations: The fee for the reservation of a States. However, the quarter day in which during a training session. If the cost of the meeting room, conference room, or business travel begins, in coming from, or ends, in meal is included in the training session, then center while on official travel is allowable. going to, a point outside the continental a meal certification form should be included VI. Other: This category would be used United States may be paid at the rate appli- with the voucher. The Committee on Rules (with full explanation on the Expense Sum- cable to said point, if higher. and Administration will consider these on a mary Report for Travel) to disclose any ex- (c) In traveling between localities outside case by case basis. Meal certification forms pense which would occur incidentally while the continental United States, the per diem are available at the Disbursing Office or on on official travel, and for which there is no rate allowed at the locality from which trav- the Senate intranet. other expense category, i.e., interpreting el is performed shall continue through the (1) Training is defined as a planned, pre- services, hotel taxes, baggage cart rental, quarter day in which the traveler arrives at pared, and coordinated program, course, cur- etc. riculum, subject, system, or routine of in- his/her destination: Provided, that if such struction or education, in scientific, profes- rate is not commensurate with the expenses Conference and Training Fees sional or technical fields which are or will be incurred, the per diem rate of the destina- Training of Senators’ Office Staff: The directly related to the performance by the tion locality may be allowed for the quarter Senators’ Official Personnel and Office Ex- employee of official duties for the Senate, in day of arrival. pense Account is available to defray the fees order to increase the knowledge, proficiency, (d) Ship travel time shall be allowed at not associated with the attendance by the Sen- ability, skill and qualifications of the em- to exceed the maximum per diem rate pre- ator or the Senator’s employees at con- ployee in the performance of official duties. scribed by the Committee on Rules and Ad- ferences, seminars, briefings, or classes (2) Meetings in the duty station where ministration for travel within the conti- which are or will be directly related to the meals are served, such as but not limited to nental United States. performance of official duties. Chamber of Commerce monthly meetings do C. Computations A. When such fees (actual or reduced) are not constitute training. Therefore, the meals 1. The date of departure from, and arrival less than or equal to $500, have a time dura- associated with these meetings are not an at, the official station or other point where tion of not more than five (5) days, and have authorized reimbursable expense. official travel begins and ends, must be been asked to be waived or reduced for Gov- 3. In any case where the employee’s tour of shown on the travel voucher. Other points ernment participation, reimbursement shall travel requires more than two months’ stay visited should be shown on the voucher but be made as an official travel expense. How- at a temporary duty station, consideration date of arrival and departure at these points ever, if the fee or time duration for meetings should be given to either a change in official need not be shown. is in excess of the aforementioned, reim- station or a reduction in the per diem allow- 2. For computing per diem allowances offi- bursement shall be made as a non-travel ex- ance. cial travel begins at the time the traveler pense. 4. Where for a traveler’s personal conven- leaves his/her home, office, or other point of B. Reimbursement shall not be allowed for ience/business there is an interruption of departure and ends when the traveler returns tuition or fees associated with classes at- travel or deviation from the direct route, the to his/her home, office, or other point at the tended to earn credits towards an advanced per diem expenses allowed will not exceed conclusion of his/her trip. degree or certification. that which would have been incurred on un- (a) The maximum allowable per diem for C. The costs of meals that are considered interrupted travel by a usually traveled an official trip is computed by multiplying an integral, mandatory and non-separable route and the time of departure from and re- the number of days on official travel, begin- element of the conference, seminar, briefing, turn to official business shall be stated on ning with the departure date, by the max- or class will be allowed as part of the attend- the voucher. imum daily rate as prescribed by the Com- ance fee when certified by the registrant. 5. Per diem expenses will be allowed mittee on Rules and Administration. If the The meal certification form, which must ac- through the time the traveler departs on per- maximum daily rate for a traveler’s destina- company the reimbursement voucher, is sonal business and will be recommenced at tion is higher than the prescribed daily rate, available in the Disbursing Office or through the time he/she returns to official business. then the form ‘‘Request for a Waiver of the the Senate Intranet. Such dates and times shall be stated on the Travel Regulations’’ must be submitted with II. Training of Committee Employees: Sec- voucher. the voucher showing the maximum daily tion 202(j) of the Legislative Reorganization B. Rates rate for that location and found in order Act of 1946 provides for the expenditure of 1. The per diem allowances provided in upon audit by the Rules Committee. funds available to standing committees of these regulations represent the maximum al- (b) Total per diem for an official trip in- the Senate for the training of professional lowance, not the minimum. It is the respon- cludes lodging expenses (excluding taxes), staff personnel under certain conditions. It is sibility of each office to see that travelers meals (including taxes and tips), and other the responsibility of each committee to set

VerDate Mar 15 2010 13:48 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR07\S29OC7.000 S29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28532 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 October 29, 2007 aside funds within its annual funding resolu- on Rules and Administration is not required. Section 1. For the purposes of these regula- tion to cover the expenses of such training. Retreat expenses, including but not limited tions, the following definitions shall apply: A. Prior approval for attendance by profes- to per diem, may be charged to the office’s (a) Documentation means invoices, bills, state- sional staff at seminars, briefings, con- official centrally billed government travel ments, receipts, or other evidence of expenses in- ferences, etc., as well as committee funds charge card and paid on direct vouchers to curred, approved by the Committee on Rules earmarked for training, will not be required the charge card vendor. Any deviation from and Administration. when all of the following conditions are met: this policy will be considered on a case by (b) Official expenses means ordinary and nec- 1. The sponsoring organization has been case basis upon the written request to, and essary business expenses in support of the Sen- asked to waive or reduce the fee for Govern- approval from, the Committee on Rules and ators’ official and representational duties. ment participation. Administration. Section 2. No reimbursement will be made from 2. The fee involved (actual or reduced) is C. Spreadsheet of Expenses the contingent fund of the Senate for any offi- not in excess of $500. 1. The Member office, Committee, or Ad- cial expenses incurred under a Senator’s Official 3. The duration of the meeting does not ex- ministrative office, must attach to the re- Personnel and Office Expense Account, in ex- ceed five (5) days. treat voucher(s) a spreadsheet detailing each cess of $50, unless the voucher submitted for B. When such fees are less than or equal to day of the retreat broken out by breakfast, such expenses is accompanied by documenta- $500, have a time duration of not more than lunch, dinner, and lodging for each traveler tion, and the voucher is personally signed by five (5) days, and have been requested to be attending the retreat. the Senator. waived or reduced for Government participa- 2. For each traveler, the spreadsheet Section 3. Official expenses of $50 or less must tion, reimbursement shall be made as a non- should list his/her duty station, additional either be documented or must be itemized in suf- training, official travel expense. However, if per diem expenses incurred outside of the re- ficient detail so as to leave no doubt of the iden- the fee or time duration for meetings is in treat, and any other retreat attendee the tity of, and the amount spent for, each item. excess of the aforementioned, reimburse- traveler shared a room with during the re- Items of a similar nature may be grouped to- ment shall be made as an official training treat. Any non-staff members attending the gether in one total on a voucher, but must be expense. Reimbursement shall not be al- retreat also should be detailed on the spread- itemized individually on a supporting lowed for tuition or fees associated with sheet. The ‘‘Waiver of the Travel Regula- itemization sheet. classes attended to earn credits towards an tions’’ form does not need to be attached to Section 4. Travel expenses shall be subject to advanced degree or certification. retreat voucher(s) for the sharing of rooms. the same documentation requirements as other C. If the fee or time duration for meetings 3. The per diem expenses for staff members official expenses, with the following exceptions: is in excess of the aforementioned, advance attending a retreat within their duty station (a) Hotel bills or other evidence of lodging approval by the Committee on Rules and Ad- are not reimbursable but should be detailed costs will be considered necessary in support of ministration must be sought. Training re- on the spreadsheet. All expenses for non-staff per diem. quests should be received sufficiently in ad- members attending the retreat are not reim- (b) Documentation will not be required for re- vance of the training to permit appropriate bursable, but their attendance at the retreat imbursement of official travel in a privately consideration by the Committee on Rules must be taken into account when computing owned vehicle. and Administration. a per traveler cost on the spreadsheet. Section 5. No documentation will be required D. The costs of meals that are considered II. Funerals: 2 USC 68–2 restricts reim- for reimbursement of the following classes of ex- an integral, mandatory, and non-separable bursement from the contingent fund of the penses, as these are billed and paid directly element of the conference, seminar, briefing, Senate to those expenses that are intimately through the Sergeant at Arms and Doorkeeper: or class will be allowed as part of the attend- and directly connected with the routine leg- (a) official telegrams and long distance calls ance fee when certified by the registrant. islative process of the Senate. Pursuant to S. and related services; The meal certification forms which must ac- Res. 458, agreed to October 4, 1984 and S. Res. (b) stationery and other office supplies pro- company the reimbursement voucher are 263, agreed to July 30, 1998, reimbursement cured through the Senate Stationery Room for available in the Disbursing Office or through for travel expenses incurred for attendance use for official business. the Senate Intranet. at funerals of individuals other than current Section 6. The Committee on Rules and Ad- III. Training of Administrative Offices or retired Senators by a Member, officer, or ministration may require documentation for ex- Staff: The administrative approval of the employee of the Senate is not authorized. penses incurred of $50 or less, or authorize pay- voucher is the only approval required by the Senators’ Office Staff ment of expenses incurred in excess of $50 with- Committee on Rules and Administration. Legislative Authority (2 U.S.C. 58(e), as out documentation, in special circumstances. Training expenses of staff shall be limited to amended) Committee and Administrative Office Staff those fees associated with the attendance by (e) Subject to and in accordance with regula- (Includes all committees of the Senate, the Of- staff at conferences, seminars, briefings, or tions promulgated by the Committee on Rules fice of the Secretary of the Senate, and the Of- classes which are or will be directly related and Administration of the Senate, a Senator fice of the Sergeant at Arms and Doorkeeper of to the performance of official duties. How- and the employees in his office shall be reim- the Senate) ever, reimbursement shall not be allowed for bursed under this section for travel expenses in- I. Legislative Authority (2 U.S.C. 68b) tuition or fees associated with classes at- curred by the Senator or employee while trav- ‘‘No part of the appropriations made under tended to earn credits towards an advanced eling on official business within the United the heading ‘Contingent Expenses of the Senate’ degree or certification. States. The term ‘‘travel expenses’’ includes ac- may be expended for per diem and subsistence Special Events tual transportation expenses, essential travel-re- expenses (as defined in section 5701 of Title 5) at Retreats: Reimbursement of official travel lated expenses, and, where applicable, per diem rates in excess of the rates prescribed by the expenses for office staff retreats is allowable expenses (but not in excess of actual expenses). Committee on Rules and Administration; except from the contingent fund provided they fol- A Senator or an employee of the Senator shall that (1) higher rates may be established by the low the restrictions and authorizations in not be reimbursed for any travel expenses (other Committee on Rules and Administration for these regulations. Reimbursement of ex- than actual transportation expenses) for any travel beyond the limits of the continental penses for meeting rooms and equipment travel occurring during the sixty days imme- United States, and (2) in accordance with regu- used during the retreat also is allowable. The diately before the date of any primary or gen- lations prescribed by the Committee on Rules vouchers for retreat expenses should be eral election (whether regular, special, or run- and Administration of the Senate, reimburse- noted as retreat vouchers. off) in which the Senator is a candidate for pub- ment for such expenses may be made on an ac- A. Discussion of Interpretative Ruling of lic office (within the meaning of section 301(b) tual expense basis of not to exceed the daily rate the Select Committee on Ethics, No. 444, of the Federal Election Campaign Act of 1971), prescribed by the Committee on Rules and Ad- issued February 14, 2002 unless his candidacy in such election is ministration in the case of travel within the ‘‘An office retreat may be paid for with either uncontested. For purposes of this subsection continental limits of the United States.’’ or both official funds (with Rules Committee ap- and subsection 2(a)(6) of this section, an em- II. Incidental Expenses: The following proval) or principal campaign committee funds. ployee in the Office of the President Pro Tem- items may be authorized or approved when Private parties may not pay expenses incurred pore, Deputy President Pro Tempore, Majority related to official travel: in connection with an office retreat. Campaign Leader, Minority Leader, Majority Whip, Mi- 1. Commissions for conversion of currency workers may attend, at campaign expense, office nority Whip, Secretary of the Conference of the in foreign countries. retreats if their purpose in attending is to en- Majority, or Secretary of the Conference of the 2. Fees in connection with the issuance of gage in official activities, such as providing Minority shall be considered to be an employee passports, visa fees; costs of photographs for feedback from constituents on legislative or rep- in the office of the Senator holding such office. passports and visas; costs of certificates of resentational matters.’’ II. Regulations Governing Senators’ Offi- birth, health, identity; and affidavits; and B. When processing direct pay vouchers cial Personnel and Office Expense Accounts charges for inoculations which cannot be ob- payable either to each individual traveler or Adopted by the Committee on Rules and Ad- tained through a federal dispensary when re- to the vendor providing the retreat accom- ministration Pursuant to Senate Resolution quired for official travel outside the limits of modations, prior approval by the Committee 170 agreed to September 19, 1979, as amended. the United States.

VerDate Mar 15 2010 13:48 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR07\S29OC7.000 S29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 29, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 28533 III. Hearing Expenses (committees only) retary of the Senate, in excess of $50, unless the (d) the person incurring the expense (payee). A. In connection with hearings held out- voucher submitted for such expenses is accom- Each sheet must be signed by the Senate em- side of Washington, DC, committees are au- panied by documentation, and the voucher is ployee receiving cash and an authorizing offi- thorized to pay the travel expenses of official certified by the properly designated staff mem- cial (i.e., someone other than the employee(s) reporters having company offices in Wash- ber and approved by the Chairman or elected authorized to certify vouchers). Original re- ington, DC, or in other locations, for trav- Senate Officer. The designation of such staff ceipts or facsimiles must accompany the eling to points outside the District of Colum- members for certification shall be done by means itemization sheet for petty cash expenses over bia or outside such other locations, provided: of a letter to the Chairman of the Committee on $50. 1. Said hearings are of such a classified or Rules and Administration. ‘‘Official expenses,’’ Section 9. Petty cash funds should be used for security nature that their transcripts can be for the purposes of these regulations, means or- the following incidental expenses: accomplished only by reporters having the dinary and necessary business expenses in sup- (a) postage; necessary clearance from the proper federal port of a committee’s or administrative office’s (b) delivery expenses; agencies; official duties. (c) interdepartmental transportation (reim- 2. Extreme difficulty is experienced in the Section 2. Such documentation should consist bursements for parking, taxi, subway, bus, pri- procurement of local reporters; or of invoices, bills, statements, receipts, or other vately owned automobile (p.o.a.), etc.; 3. The demands of economy make the use evidence of expenses incurred, and should in- (d) single copies of publications (not subscrip- of Washington, DC, reporters or traveling re- clude ALL of the following information: tions); porters in another area highly advantageous (a) date expense was incurred; (e) office supplies not available in the Senate to the Senate; and further provided, that (b) the amount of the expense; Stationery Room; and should such hearings exceed five days in du- (c) the product or service that was provided; (f) official telephone calls made from a staff ration, prior approval (for the payment of re- (d) the vendor providing the product or serv- member’s residence or toll charges incurred porters’ travel expenses) must be obtained ice; within a staff member’s duty station. from the Committee on Rules and Adminis- (e) the address of the vendor; and Petty cash funds should not be used for the tration. (f) the person or office to whom the product or procurement of equipment. IV. Witnesses Appearing Before the Senate service was provided. Section 10. Committees are encouraged to (committees only) Expenses being claimed should reflect only maintain a separate checking account only for A. The authorized transportation expenses current charges. Original copies of documenta- the purpose of a petty cash fund and with a incurred and associated with a witness ap- tion should be submitted. However, legible fac- balance not in excess of $300. pearing before the Senate at a designated similes will be accepted. Section 11. Vouchers for the reimbursement of place of examination pursuant to S. Res. 259, Section 3. Official expenses of $50 or less must official travel expenses to a committee chairman agreed to August 5, 1987, will be those nec- either be documented or must be itemized in suf- or member, officer, employee, contractor, essary transportation expenses incurred in ficient detail so as to leave no doubt of the iden- detailee, or witness shall be accompanied by an traveling from the witness’ place of resi- tity of, and the amount spent for, each item. ‘‘Expense Summary Report—Travel’’ signed by dence to the site of the Senate examination However, hotel bills or other evidence of lodging such person. Vouchers for the reimbursement to and the necessary transportation expenses costs will be considered necessary in support of any such individual for official expenses other incurred in returning the witness to his/her per diem expenses and cannot be itemized. than travel expenses shall be accompanied by residence. Section 4. Documentation for services ren- an ‘‘Expense Summary Report—Non-Travel’’ B. If a witness departs from a city other dered on a contract fee basis shall consist of a signed by such person. than the witness’ city of residence to appear contract status report form available from the Appendix A: The Federal Tort Claims Act before the Senate or returns to a city other Disbursing Office. However, other expenses au- Pursuant to the provisions of S. Res. 492, than the witness’ city of residence after ap- thorized expressly in the contract will be subject agreed to December 10, 1982, the Sergeant at pearing before the Senate, then Senate com- to the documentation requirements set forth in Arms has the authority to consider and as- mittees may reimburse the witness for trans- these regulations. certain and, with the approval of the Com- portation expenses incurred which are less Section 5. No documentation will be required mittee on Rules and Administration, deter- than or equal to the amount the committee for the following expenses: mine, compromise, adjust, and settle, in ac- would have reimbursed the witness had the (a) salary reimbursement for compensation on cordance with the provisions of chapter 171 witness departed from and returned to his/ a ‘‘When Actually Employed’’ basis; of Title 28, United States Code (The Federal her residence. Any deviation from this policy (b) reimbursement of official travel in a pri- Tort Claims Act), any claim for money dam- will be considered on a case by case basis vately owned vehicle; ages against the United States for injury or upon the written request to, and approval (c) foreign travel expenses incurred by official loss of property or personal injury or death from, the Committee on Rules and Adminis- congressional delegations, pursuant to S. Res. caused by negligent or wrongful act or omis- tration. 179, 95th Congress, 1st session; sion of any Member, Officer, or Employee of C. Service fees for the preparation or mail- (d) expenses for receptions of foreign dig- the Senate while acting within the scope of ing of passenger coupons for indigent or sub- nitaries, pursuant to S. Res. 247, 87th Congress, his/her employment. Any compromise, ad- poenaed witnesses testifying before Senate 2nd session, as amended; and justment, or settlement of any such claim committees shall be considered reimbursable (e) expenses for receptions of foreign dig- not exceeding $2,500 shall be paid from the for purposes of official travel. nitaries pursuant to Sec. 2 of P.L. 100–71 effec- contingent fund of the Senate on a voucher D. Transportation expenses for witnesses tive July 11, 1987. approved by the Chairman of the Committee may be charged to the Committee’s official Section 6. In special circumstances, the Com- on Rules and Administration. centrally billed government travel charge mittee on Rules and Administration may require Payments of awards, compromises, or set- card and paid on direct vouchers to the documentation for expenses incurred of $50 or tlements in excess of $2,500 are obtained by charge card vendor. Additionally, per diem less, or authorize payment of expenses incurred the agency by referring the award, com- expenses for indigent witnesses may be in excess of $50 without documentation. promise, or settlement to the General Ac- charged to the Committee’s official govern- Section 7. Cash advances from the Disbursing counting Office for payment. Appropriations ment charge card and paid on direct vouch- Office are to be used for travel and petty cash of funds for the payment of judgments and ers to the charge card vendor. expenses only. No more than $5000 may be out- compromises are made available for payment V. Regulations Governing Payments and standing at one time for Senate committees or of awards, compromises, and settlements Reimbursements from the Senate Contingent administrative offices, unless otherwise author- under the Federal Tort Claims Act. Funds for Expenses of Senate Committees ized by law or resolution, and no more than $300 However, any award under the Federal and Administrative Offices of that amount may be used for a petty cash Tort Claims Act in excess of $25,000 cannot (Adopted by the Committee on Rules and Ad- fund. The individual receiving the cash advance take effect except with the prior written ap- ministration on July 23, 1987, as authorized by will be personally liable. The Committee on proval of the Attorney General. S. Res. 258, 100th Congress, 1st session, these Rules and Administration may, in special in- f regulations supersede regulations adopted by stances, increase these non-statutory limits the Committee on October 22, 1975, and April 30, upon written request by the Chairman of that ADDITIONAL STATEMENTS 1981, as amended.) committee and proper justification. Section 1. Unless otherwise authorized by law Section 8. Documentation of petty cash ex- or waived pursuant to Section 6, herein, no pay- penses shall be listed on an official petty cash ACKNOWLEDGING THE LOUISIANA ment or reimbursement will be made from the itemization sheet available from the Disbursing HONORAIR contingent fund of the Senate for any official Office and should include ALL of the following ∑ expenses incurred by any Senate committee information: Mr. VITTER. Madam President, (standing, select, joint, or special), commission, (a) date expense was incurred; today I acknowledge and honor a very administrative office, or other authorized Senate (b) amount of expense; special group, the Louisiana HonorAir. activity whose funds are disbursed by the Sec- (c) product or service provided; and Louisiana HonorAir is a not-for-profit

VerDate Mar 15 2010 13:48 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR07\S29OC7.000 S29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28534 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 October 29, 2007 organization that flies as many as 200 comfort our servicemembers and let database for product recalls, advisories, and World War II veterans up to Wash- them know how much we at home alerts, and for other purposes; to the Com- ington, DC, free of charge. On Novem- value their sacrifices.∑ mittee on Commerce, Science, and Transpor- ber 3, 2007, a group of 105 veterans and tation. f By Mr. BIDEN (for himself, Mr. MCCON- their guardians will reach Washington MEASURES PLACED ON THE NELL, Mrs. BOXER, Mr. DODD, Mr. on this very special program. LEAHY, and Mrs. FEINSTEIN): While visiting Washington, DC, the CALENDAR S. 2257. A bill to impose sanctions on offi- veterans will tour sights, such as the The following bill was read the sec- cials of the State Peace and Development Arlington National Cemetery, the Ko- ond time, and placed on the calendar: Council in Burma, to amend the Burmese rean Memorial, and the World War II Freedom and Democracy Act of 2003 to pro- S. 2247. A bill to amend the Internal Rev- hibit the importation of gemstones and hard- Memorial. The program provides many enue Code of 1986 to make permanent the de- veterans with their only opportunity woods from Burma, to promote a coordinated preciation classification of motorsports en- international effort to restore civilian demo- to see the great memorials dedicated tertainment complexes. cratic rule to Burma, and for other purposes; to their service. f to the Committee on Foreign Relations. Thus, today, I ask my colleagues to f join me in honoring these great Ameri- REPORTS OF COMMITTEES cans and thanking them for their devo- The following reports of committees SUBMISSION OF CONCURRENT AND tion and service to our Nation.∑ were submitted: SENATE RESOLUTIONS f By Mrs. BOXER, from the Committee on The following concurrent resolutions and Senate resolutions were read, and CELEBRATION OF QUILTS OF Environment and Public Works, with amend- ments: referred (or acted upon), as indicated: VALOR FOUNDATION S. 1498. A bill to amend the Lacey Act By Mr. SMITH (for himself and Mr. ∑ Mr. CARPER. Madam President, Amendments of 1981 to prohibit the import, BYRD): today I wish to celebrate the Quilts of export, transportation, sale, receipt, acquisi- S. Res. 358. A resolution expressing the im- Valor Foundation. In a time when tion, or purchase in interstate or foreign portance of friendship and cooperation be- thousands of American families are commerce of any live animal of any prohib- tween the United States and Turkey; to the sending their loved ones around the ited wildlife species, and for other purposes Committee on Foreign Relations. (Rept. No. 110–210). world to fight for the safety and secu- By Mr. KENNEDY (for himself, Mr. By Mrs. BOXER, from the Committee on KERRY, Mr. REED, Mr. WHITEHOUSE, rity of all of us here at home, the Environment and Public Works: Mr. DODD, Mr. LIEBERMAN, Ms. Quilts of Valor Foundation has stepped Report to accompany H.R. 50, a bill to re- SNOWE, Ms. COLLINS, Mr. LEAHY, and forward to give something back to our authorize the African Elephant Conservation Mr. SUNUNU): wounded heroes. This foundation has Act and the Rhinoceros and Tiger Conserva- S. Res. 359. A resolution congratulating the pledged to sew and donate a Quilt of tion Act of 1994 (Rept. No. 110–211). Boston Red Sox on winning the 2007 World Valor to every servicemember wounded Report to accompany H.R. 465, a bill to re- Series; considered and agreed to. in the Iraq and Afghanistan wars. Their authorize the Asian Elephant Conservation f Act of 1997 (Rept. No. 110–212). mission is to offer comfort and support ADDITIONAL COSPONSORS to our wounded heroes. f An organization not about politics, S. 1200 INTRODUCTION OF BILLS AND At the request of Mr. DORGAN, the but about people, the Quilts of Valor JOINT RESOLUTIONS Foundation was established in Novem- name of the Senator from California ber 2003 by Catherine Roberts of The following bills and joint resolu- (Mrs. FEINSTEIN) was added as a co- Seaford, DE. Since that time, thou- tions were introduced, read the first sponsor of S. 1200, a bill to amend the sands of volunteers from all over the and second times by unanimous con- Indian Health Care Improvement Act United States have created over 13,000 sent, and referred as indicated: to revise and extend the Act. quilts for our injured service men and By Mr. JOHNSON (for himself and Mr. S. 1299 women. With the help of military chap- COLEMAN): At the request of Mr. SCHUMER, the S. 2252. A bill to amend the Internal Rev- name of the Senator from California lains at medical centers throughout enue Code of 1986 to increase the deduction the United States, Europe and in Iraq (Mrs. BOXER) was added as a cosponsor for host families of foreign exchange and of S. 1299, a bill to establish on behalf and Afghanistan, the Quilts of Valor other students from $50 per month to $200 per Foundation locates wounded soldiers month, and for other purposes; to the Com- of consumers a fiduciary duty and and presents them with a hand-made mittee on Finance. other standards of care for mortgage quilt. That quilt is a symbol of the re- By Mr. BAYH (for himself and Mr. brokers and originators, and to estab- spect and honor that we as a country LUGAR): lish standards to assess a consumer’s hold for them and their sacrifice. S. 2253. A bill to provide adjustments in ability to repay, and for other pur- The organization has 2 main missions payment to certain hospitals under the Med- poses. icaid program; to the Committee on Finance. S. 1587 which frame their important service to By Mr. COCHRAN: our country. First and foremost, the S. 2254. A bill to establish the Mississippi At the request of Ms. SNOWE, the Quilts of Valor Foundation is dedicated Hills National Heritage Area in the State of name of the Senator from North Caro- to honoring those men and women who Mississippi, and for other purposes; to the lina (Mrs. DOLE) was added as a cospon- have been wounded, whether physically Committee on Energy and Natural Re- sor of S. 1587, a bill to amend the Inter- or psychologically, in Iraq and Afghan- sources. nal Revenue Code to allow a special de- istan with a Quilt of Valor. Second, the By Mrs. HUTCHISON (for herself, Mr. preciation allowance for reuse and re- Quilts of Valor Foundation hopes that CORNYN, and Mr. INHOFE): cycling property and to provide for tax- S. 2255. A bill to amend the National Trails exempt financing of recycling equip- by teaching young people to quilt and System Act to provide for studies of the by spreading a culture of volunteerism, Chisholm Trail and Great Western Trail to ment, and for other purposes. a new generation of Americans will be- determine whether to add the trails to the S. 1731 come more civically involved and dedi- National Trails System, and for other pur- At the request of Mr. CORNYN, the cated to bettering our Nation in what- poses; to the Committee on Energy and Nat- name of the Senator from Nevada (Mr. ever way they can. ural Resources. ENSIGN) was added as a cosponsor of S. I would like to acknowledge and sin- By Mr. SCHUMER: 1731, a bill to provide for the con- cerely thank Catherine Roberts, the S. 2256. A bill to establish an Office of tinuing review of unauthorized Federal International and Domestic Product Safety Quilts of Valor Foundation, and all the and a Product Safety Coordinating Council programs and agencies and to establish volunteers, especially those in Dela- to improve the management, coordination, a bipartisan commission for the pur- ware, who put so much time, money, promotion, and oversight of product safety poses of improving oversight and elimi- effort, and love into every quilt to responsibilities, develop a centralized public nating wasteful Government spending.

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S. 1858 (Mr. WHITEHOUSE) was added as a co- of gemstones and hardwoods from At the request of Mr. DODD, the name sponsor of S. 2136, a bill to address the Burma, to promote a coordinated inter- of the Senator from Vermont (Mr. treatment of primary mortgages in national effort to restore civilian SANDERS) was added as a cosponsor of bankruptcy, and for other purposes. democratic rule to Burma, and for S. 1858, a bill to amend the Public S. 2159 other purposes; to the Committee on Health Service Act to establish grant At the request of Mrs. HUTCHISON, the Foreign Relations. programs to provide for education and name of the Senator from South Da- Mr. BIDEN. Mr. President, today, I outreach on newborn screening and co- kota (Mr. JOHNSON) was added as a co- rise to introduce a bipartisan bill to ordinated follow-up care once newborn sponsor of S. 2159, a bill to require the promote the restoration of civilian, screening has been conducted, to reau- Secretary of the Treasury to mint democratic rule to the troubled state thorize programs under part A of title coins in commemoration of the 50th of Burma. The goal of the Burma De- XI of such Act, and for other purposes. anniversary of the establishment of the mocracy Promotion Act is to help cre- S. 1871 National Aeronautics and Space Ad- ate the right conditions for the peace- At the request of Ms. SNOWE, the ministration. ful, negotiated transfer of power from name of the Senator from Oregon (Mr. S. 2172 the generals who have ruled Burma for SMITH) was added as a cosponsor of S. almost 2 decades to a newly-con- At the request of Mr. MCCAIN, the 1871, a bill to provide for special trans- name of the Senator from Maine (Ms. stituted civilian, democratic govern- fers of funds to States to promote cer- ment. COLLINS) was added as a cosponsor of S. tain improvements in State unemploy- In order to do this, we need to bring 2172, a bill to impose sanctions on offi- ment compensation laws. pressure to bear on the Burmese gen- cials of the State Peace and Develop- S. 1921 erals directly responsible for the ment Council in Burma, to prohibit the At the request of Mr. WEBB, the name bloody crackdown on peaceful importation of gems and hardwoods of the Senator from Mississippi (Mr. protestors last month. This bill im- from Burma, to support democracy in COCHRAN) was added as a cosponsor of poses new financial sanctions and trav- Burma, and for other purposes. S. 1921, a bill to amend the American el restrictions on the leaders of the Battlefield Protection Act of 1996 to ex- S.J. RES. 22 junta and their associates and tightens tend the authorization for that Act, At the request of Mr. BAUCUS, the the economic sanctions imposed by the and for other purposes. name of the Senator from Nebraska Congress in 2003 by outlawing the im- (Mr. HAGEL) was added as a cosponsor S. 1963 portation of Burmese gems and timber At the request of Mr. CRAPO, the of S.J. Res. 22, a joint resolution pro- to the U.S. Carefully targeted sanc- name of the Senator from Florida (Mr. viding for congressional disapproval tions can support our diplomacy. In MARTINEZ) was added as a cosponsor of under chapter 8 of title 5, United this case, the sanctions are designed to S. 1963, a bill to amend the Internal States Code, of the rule submitted by provide leverage on the generals, who Revenue Code of 1986 to allow bonds the Centers for Medicare & Medicaid seem largely indifferent to the suf- guaranteed by the Federal home loan Services within the Department of fering of ordinary people. Until now, banks to be treated as tax exempt Health and Human Services relating to the generals have managed largely to bonds. Medicare coverage for the use of avoid the bite of existing economic erythropoiesis stimulating agents in S. 2062 sanctions, enjoying their shopping At the request of Mr. DORGAN, the cancer and related neoplastic condi- trips abroad and stashing their riches name of the Senator from Michigan tions. outside of Burma. We hope to change (Ms. STABENOW) was added as a cospon- S. RES. 356 that. sor of S. 2062, a bill to amend the Na- At the request of Mr. DURBIN, the But unilateral pressure alone will not tive American Housing Assistance and names of the Senator from Hawaii (Mr. get the job done. We need a diplomatic Self-Determination Act of 1996 to reau- AKAKA), the Senator from New York offensive. Importantly, this bill creates thorize that Act, and for other pur- (Mrs. CLINTON) and the Senator from a new position of Special Representa- poses. Connecticut (Mr. DODD) were added as tive and Policy Coordinator for Burma. S. 2119 cosponsors of S. Res. 356, a resolution The Special Representative will work At the request of Mr. JOHNSON, the affirming that any offensive military with Burma’s neighbors and other in- name of the Senator from Texas (Mrs. action taken against Iran must be ex- terested countries, including the mem- HUTCHISON) was added as a cosponsor of plicitly approved by Congress before bers of the EU and the Association of S. 2119, a bill to require the Secretary such action may be initiated. Southeast Asian Nations, to develop a of the Treasury to mint coins in com- S. RES. 357 comprehensive approach to the prob- memoration of veterans who became At the request of Mr. BIDEN, the lem, including sanctions, dialogue, and disabled for life while serving in the name of the Senator from Indiana (Mr. support for non-governmental organi- Armed Forces of the United States. BAYH) was added as a cosponsor of S. zations providing humanitarian relief S. 2125 Res. 357, a bill designating the week of to the Burmese people. We need China, At the request of Mr. KOHL, the name November 11 through November 17, India, and Thailand, among others, to of the Senator from California (Mrs. 2007, as ‘‘National Veterans Awareness join with us to convince the generals BOXER) was added as a cosponsor of S. Week’’ to emphasize the need to de- that it is time for change. 2125, a bill to improve public awareness velop educational programs regarding While we work for a negotiated solu- in the United States among older indi- the contributions of veterans to the tion to the current crisis, we must not viduals and their families and care- country. forget the Burmese people. This bill givers about the impending Digital f authorizes new assistance for the hun- Television Transition through the es- dreds of thousands of Burmese who tablishment of a Federal interagency STATEMENTS ON INTRODUCED have been forced from their homes and task force between the Federal Com- BILLS AND JOINT RESOLUTIONS are now refugees or who continue to munications Commission, the Adminis- By Mr. BIDEN (for himself, Mr. suffer inside the country because of the tration on Aging, the National Tele- MCCONNELL, Mrs. BOXER, Mr. mismanagement and brutality of the communications and Information Ad- DODD, Mr. LEAHY, and Mrs. military regime. ministration, and the outside advice of FEINSTEIN): It is time for Burma to begin a new appropriate members of the aging net- S. 2257. A bill to impose sanctions on day in which all of the people, includ- work and industry groups. officials of the State Peace and Devel- ing Burma’s many minority groups, S. 2136 opment Council in Burma, to amend work together to rebuild what nearly At the request of Mr. DURBIN, the the Burmese Freedom and Democracy 20 years of disastrous military rule name of the Senator from Rhode Island Act of 2003 to prohibit the importation have destroyed. With the support of the

VerDate Mar 15 2010 13:48 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\BR07\S29OC7.000 S29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28536 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 October 29, 2007 international community, a new gov- (A) routinely restricts freedoms of speech, Than Shwe and democracy advocate Aung ernment can build a more prosperous press, assembly, association, religion, and San Suu Kyi in an effort to promote dialogue and democratic state, one that is at movement; between the SPDC and democracy advocates. peace with its neighbors and that re- (B) traffics in persons; (12) The leaders of the SPDC will have a (C) discriminates against women and eth- greater incentive to cooperate with diplo- spects the human rights of all of its nic minorities; matic efforts by the United Nations, the As- people. The Burmese Army should be, (D) forcibly recruits child soldiers and sociation of Southeast Asian Nations, and and can be, a part of this new Burma. child labor; and the People’s Republic of China if they come The sanctions called for in this meas- (E) commits other serious violations of under targeted economic pressure that de- ure will be lifted provided only that the human rights, including extrajudicial nies them access to personal wealth and generals release all of their political killings, custodial deaths, disappearances, sources of revenue. rape, torture, abuse of prisoners and detain- prisoners, engage in a substantive dia- SEC. 3. DEFINITIONS. logue with the advocates of democracy ees, and the imprisonment of citizens arbi- trarily for political motives. In this Act: in Burma, and afford non-governmental (4) Aung San Suu Kyi has been arbitrarily (1) ACCOUNT; CORRESPONDENT ACCOUNT; PAY- organizations access to address the hu- imprisoned or held under house arrest for ABLE-THROUGH ACCOUNT.—The terms ‘‘ac- manitarian needs of the Burmese peo- more than 12 years. count’’, ‘‘correspondent account’’, and ‘‘pay- ple. These are reasonable, modest, ob- (5) On September 25, 2007, President Bush able-through account’’ have the meanings jectives, and if met, would brighten the announced that the United States would— given the terms in section 5318A(e)(1) of title 31, United States Code. prospects for Burma’s future. (A) tighten economic sanctions against (2) APPROPRIATE CONGRESSIONAL COMMIT- Mr. President, others in this body Burma, and block property and interests in property of— TEES.—The term ‘‘appropriate congressional have a long record of leadership on committees’’ means the Committee on For- Burma policy, including the Minority (i) certain senior leaders of the SPDC; (ii) individuals who provide financial back- eign Relations of the Senate and the Com- Leader, Senator MCCONNELL, who I am ing for the SPDC; and mittee on Foreign Affairs of the House of proud to have as a cosponsor on this (iii) individuals responsible for violations Representatives. bill, and Senator MCCAIN. This bill was of human rights and for impeding the transi- (3) ASEAN.—The term ‘‘ASEAN’’ means drafted in consultation with the staff tion to democracy in Burma; and the Association of Southeast Asian Nations. (4) PERSON.—The term ‘‘person’’ means— of Senator MCCAIN, and includes some (B) impose an expanded visa ban on indi- viduals— (A) an individual, corporation, company, portions of a bill he introduced earlier business association, partnership, society, this month. I want to thank Senator (i) responsible for violations of human rights; and trust, any other nongovernmental entity, or- MCCAIN for his initiative and commend (ii) who aid, abet, or benefit from the ef- ganization, or group; and him for his strong voice on this issue. forts of the SPDC to impede the efforts of (B) any successor, subunit, or subsidiary of I have also relied on the wisdom of my the people of Burma to transition to democ- any person described in subparagraph (A). old friend Congressman LANTOS, who racy and ensure respect for human dignity. (5) SPDC.—The term ‘‘SPDC’’ means the has already introduced legislation on (6) The Burmese regime and its supporters State Peace and Development Council, the Burma in the House. Finally, I want to finance their ongoing violations of human ruling military regime in Burma. (6) UNITED STATES PERSON.—The term thank the Senator from California, rights, undemocratic policies, and military activities through financial transactions, ‘‘United States person’’ means— Senator BOXER, for cosponsoring this (A) an individual who is a citizen of the legislation and for chairing an impor- travel, and trade involving the United States, including the sale of gemstones and United States or who owes permanent alle- tant Senate Foreign Relations Com- hardwoods. giance to the United States; and mittee hearing on Burma that helped (7) The SPDC seeks to evade the sanctions (B) a person that is organized under the to shape this bill. imposed in the Burmese Freedom and De- laws of the United States, any State or terri- Mr. President, I ask unanimous con- mocracy Act of 2003. Millions of dollars in tory thereof, or the District of Columbia, if sent that the text of the bill be printed gemstones that are exported from Burma ul- individuals described in subparagraph (A) own, directly or indirectly, more than 50 per- in the RECORD. timately enter the United States, but the Burmese regime attempts to conceal the ori- cent of the outstanding capital stock or There being no ojection, the text of other beneficial interest in such entity. the bill was ordered to be printed in gin of the gemstones in an effort to evade sanctions. For example, over 90 percent of SEC. 4. STATEMENT OF POLICY. the RECORD, as follows: the world’s ruby supply originates in Burma S. 2257 It is the policy of the United States to— but only 3 percent of the rubies entering the (1) condemn the continued repression car- Be it enacted by the Senate and House of Rep- United States are claimed to be of Burmese ried out by the SPDC; resentatives of the United States of America in origin. The value of Burmese gemstones is (2) work with the international commu- Congress assembled, predominantly based on their original qual- nity, especially the People’s Republic of SECTION 1. SHORT TITLE. ity and geological origin, rather than the China, India, Thailand, and ASEAN, to foster This Act may be cited as the ‘‘Burma De- labor involved in cutting and polishing the support for the legitimate democratic aspi- mocracy Promotion Act of 2007’’. gemstones. rations of the people of Burma and to coordi- SEC. 2. FINDINGS. (8) Burma is home to approximately 60 per- nate efforts to impose sanctions on those di- Congress makes the following findings: cent of the world’s native teak reserves. rectly responsible for human rights abuses in 1 (1) Beginning on August 19, 2007, hundreds More than ⁄4 of the world’s internationally Burma; of thousands of citizens of Burma, including traded teak originates from Burma, and (3) provide all appropriate support and as- thousands of Buddhist monks and students, hardwood sales, mainly of teak, represent sistance to aid a peaceful transition to con- participated in peaceful demonstrations more than 11 percent of Burma’s official for- stitutional democracy in Burma; against rapidly deteriorating living condi- eign exchange earnings. (4) support international efforts to allevi- tions and the violent and repressive policies (9) Burma officially exports tens of mil- ate the suffering of Burmese refugees and ad- of the State Peace and Development Council, lions of dollars worth of rubies, sapphires, dress the urgent humanitarian needs of the the ruling military regime in Burma— pearls, jade, and other precious stones each Burmese people; and (A) to demand the release of all political year and the SPDC owns a majority stake in (5) identify individuals responsible for the prisoners, including 1991 Nobel Peace Prize all mining operations within the borders of repression of peaceful political activity in winner Aung San Suu Kyi; and Burma. Burma and hold them accountable for their (B) to urge the SPDC to engage in mean- (10) On October 11, 2007, the United Nations actions. ingful dialogue to pursue national reconcili- Security Council, with the consent of the ation. People’s Republic of China, issued a state- SEC. 5. SANCTIONS. (2) The SPDC violently confronted un- ment condemning the violence in Burma, (a) LIST OF OFFICIALS OF THE SPDC.— armed demonstrators, killing, injuring, and urging the release of all political prisoners, (1) IN GENERAL.—Not later than 30 days imprisoning citizens, including several thou- and calling on the SPDC to enter into a after the date of the enactment of this Act, sand Buddhist monks, and continues to United Nations-mediated dialogue with its the President shall submit to the appro- forcefully restrict peaceful forms of public political opposition. priate congressional committees a list of— expression. (11) The United Nations special envoy (A) officials of the SPDC who have played (3) The Department of State’s 2006 Country Ibrahim Gambari traveled to Burma from a direct and substantial role in the repres- Reports on Human Rights Practices found September 29, 2007 through October 2, 2007, sion of peaceful political activity in Burma that the SPDC— holding meetings with SPDC leader General or in the commission of other human rights

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abuses, including any current or former offi- (e) EXCEPTIONS.— rect dialogue with the SPDC and democracy cials of the security services and judicial in- (1) IN GENERAL.—The prohibitions and re- advocates, and support for nongovernmental stitutions of the SPDC; and strictions described in subsections (b) and (c) organizations operating in Burma and neigh- (B) any other Burmese persons who provide shall not apply to medicine, medical equip- boring countries, designed to restore civilian substantial economic and political support ment or supplies, food, or any other form of democratic rule to Burma and address the for the SPDC. humanitarian assistance provided to Burma urgent humanitarian needs of the Burmese (2) UPDATES.—The President shall regu- as relief in response to a humanitarian cri- people; larly submit updated versions of the list re- sis. (2) consult broadly, including with the quired under paragraph (1). (2) ADDITIONAL EXCEPTIONS.—The Secretary Governments of the People’s Republic of (b) SANCTIONS.— of the Treasury may, by regulation, author- China, India, Thailand, and Japan, and the (1) VISA BAN.—A person included on the list ize exceptions to the prohibitions and re- members of ASEAN and the European Union required under subsection (a) shall be ineli- strictions described in subsection (b) and to coordinate policies toward Burma; gible for a visa to enter the United States. (c)— (3) assist efforts by the United Nations (2) WAIVER.—The ban described in subpara- (A) to permit the United States to operate Special Envoy to secure the release of all po- graph (1) may be waived only if the President its diplomatic mission; litical prisoners in Burma and to promote submits written certification to Congress (B) to permit United States citizens to dialogue between the SPDC and leaders of that such waiver is in the national interests visit Burma; and Burma’s democracy movement, including of the United States. (C) for such other purposes as the Sec- Aung San Suu Kyi; (3) FINANCIAL SANCTIONS.— retary determines to be necessary. (4) consult with Congress on policies rel- (A) BLOCKED PROPERTY.—No property or in- (f) PENALTIES.—Any person who violates evant to Burma and the future and welfare of terest in property belonging to a person de- any prohibition or restriction described in all the Burmese people, including refugees; scribed in subparagraph (C) may be trans- subsection (b) or (c) shall be subject to the and ferred, paid, exported, withdrawn, or other- penalties under section 6 of the International (5) coordinate the imposition of Burma wise dealt with if— Emergency Economic Powers Act (50 U.S.C. sanctions within the United States Govern- (i) the property is located in the United 1705) to the same extent as for a violation ment and with the relevant international fi- States or within the possession or control of under that Act. nancial institutions. a United States person, including the over- (g) TERMINATION OF SANCTIONS.—The sanc- SEC. 8. SENSE OF CONGRESS ON COORDINATION seas branch of a United States person; or tions imposed under subsection (b) or (c) WITH THE ASSOCIATION OF SOUTH- (ii) the property comes into the possession shall apply until the President determines EAST ASIAN NATIONS. or control of a United States person after the and certifies to the appropriate congres- It is the sense of Congress that the United date of the enactment of this Act. sional committees that the SPDC has— States— (B) FINANCIAL TRANSACTIONS.—No United (1) unconditionally released all political (1) joins the foreign ministers of member States person may engage in a financial prisoners, including Aung San Suu Kyi and nations of ASEAN that have expressed con- transaction with the SPDC or with a person other members of the National League for cern over the human rights situation in described in subparagraph (C). Democracy; Burma; (C) PERSON DESCRIBED.—A person is de- (2) entered into a substantive dialogue (2) encourages ASEAN to take more sub- scribed in this subparagraph if the person with democratic forces led by the National stantial steps to ensure a peaceful transition is— League for Democracy and the ethnic mi- to democracy in Burma; (i) an official of the SPDC; norities of Burma on transitioning to demo- (3) welcomes steps by ASEAN to strength- (ii) included on the list required under sub- cratic government under the rule of law; and en its internal governance through the adop- section (a); or (3) allowed humanitarian access to popu- tion of a formal ASEAN charter; (iii) an immediate family member of a per- lations affected by armed conflict in all re- (4) urges ASEAN to ensure that all mem- son included on the list required under sub- gions of Burma. bers live up to their membership obligations section (a), if the President determines that (h) AUTHORIZATION OF APPROPRIATIONS.— and adhere to the core principles of ASEAN, There are authorized to be appropriated such the person included on the list— including respect for, and commitment to, sums as may be necessary to carry out this (I) effectively controls the property, for human rights; and section. purposes of subparagraph (A); or (5) would welcome a decision by ASEAN, (II) would benefit from a financial trans- SEC. 6. PROHIBITION ON IMPORTATION OF BUR- consistent with its core documents and its MESE GEMS, HARDWOODS, AND action, for purposes of subparagraph (B). new charter, to review Burma’s membership OTHER ITEMS. in ASEAN and consider appropriate discipli- (c) AUTHORITY FOR ADDITIONAL BANKING Section 3(a)(1) of the Burmese Freedom nary measures, including suspension, until SANCTIONS.— and Democracy Act of 2003 (50 U.S.C. 1701 such time as the Government of Burma has (1) IN GENERAL.—The Secretary of the note) is amended by striking ‘‘a product of demonstrated an improved respect for, and Treasury, in consultation with the Secretary Burma.’’ and inserting ‘‘produced, mined, commitment to, human rights. of State, the Attorney General of the United manufactured, grown, or assembled in States, and the Chairman of the Board of Burma, including— SEC. 9. SUPPORT FOR CONSTITUTIONAL DEMOC- RACY IN BURMA. Governors of the Federal Reserve System, ‘‘(A) any gemstone or rough unfinished ge- (a) IN GENERAL.—The President is author- may prohibit or impose conditions on the ological material mined or extracted from opening or maintaining in the United States ized to assist Burmese democracy activists Burma, whether imported as a loose item or who are dedicated to nonviolent opposition of a correspondent account or payable- as a component of a finished piece of jewelry; through account by any financial institution to the SPDC in their efforts to promote free- and dom, democracy, and human rights in (as that term is defined in section 5312 of ‘‘(B) any teak or other hardwood timber, title 31, United States Code) or financial Burma. regardless of the country in which such hard- (b) AUTHORIZATION OF APPROPRIATIONS.— agency that is organized under the laws of a wood timber is milled, sawn, or otherwise There are authorized to be appropriated State, territory, or possession of the United processed, whether imported in unprocessed $10,000,000 to the Secretary of State for each States, for or on behalf of a foreign banking form or as a part or component of finished of the fiscal years 2008 and 2009 to— institution, if the Secretary determines that furniture or another wood item.’’. (1) provide aid to democracy activists in the account might be used— SEC. 7. SPECIAL REPRESENTATIVE AND POLICY Burma; (A) by a foreign banking institution that COORDINATOR FOR BURMA. (2) provide aid to individuals and groups holds property or an interest in property be- (a) UNITED STATES SPECIAL REPRESENTA- conducting democracy programming outside longing to a person on the list required TIVE AND POLICY COORDINATOR FOR BURMA.— of Burma targeted at a peaceful transition to under subsection (a); or The President shall appoint a Special Rep- constitutional democracy inside Burma; and (B) to conduct a transaction on behalf of a resentative and Policy Coordinator for (3) expand radio and television broad- person on the list required under subsection Burma, by and with the advice and consent casting into Burma. (a). of the Senate. SEC. 10. SUPPORT FOR NONGOVERNMENTAL OR- (2) AUTHORITY TO DEFINE TERMS.—The Sec- (b) RANK.—The Special Representative and GANIZATIONS ADDRESSING THE HU- retary of the Treasury may, by regulation, Policy Coordinator for Burma appointed MANITARIAN NEEDS OF THE BUR- further define the terms used in paragraph under subsection (a) shall have the rank of MESE PEOPLE. (1) for purposes of this section, as the Sec- ambassador and shall hold the office at the (a) SENSE OF CONGRESS.—It is the sense of retary considers appropriate. pleasure of the President. Congress that the international community (d) RULE OF CONSTRUCTION.—Nothing in (c) DUTIES AND RESPONSIBILITIES.—The should increase support for nongovernmental this section may be construed to prohibit Special Representative and Policy Coordi- organizations attempting to meet the urgent any contract or other financial transaction nator for Burma shall— humanitarian needs of the Burmese people. with any nongovernmental humanitarian or- (1) promote a comprehensive international (b) LICENSES FOR HUMANITARIAN OR RELI- ganization in Burma. effort, including multilateral sanctions, di- GIOUS ACTIVITIES IN BURMA.—Section 5 of the

VerDate Mar 15 2010 13:48 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR07\S29OC7.001 S29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28538 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 October 29, 2007 Burmese Freedom and Democracy Act of 2003 tion, which has been of enormous political, Mr. BYRD. Mr. President, today (50 U.S.C. 1701) is amended— economic, cultural, and strategic benefit to marks the 84th anniversary of the (1) by inserting ‘‘(a) OPPOSITION TO ASSIST- both countries; founding of the Republic of Turkey. It ANCE TO BURMA’’ before ‘‘The Secretary’’; Whereas the Government of Turkey has is an auspicious occasion to commemo- and demonstrated its opposition to terrorism (2) by adding at the end the following: throughout the world, and has called for the rate the abiding and enduring partner- ‘‘(b) LICENSES FOR HUMANITARIAN OR RELI- international community to unite against ship between two great nations. GIOUS ACTIVITIES IN BURMA.—Notwith- this threat; In 1923, following the collapse of the standing any other provision of law, the Sec- Whereas Turkey maintains an important 600-year-old Ottoman Empire and a 3- retary of the Treasury is authorized to issue bilateral relationship with Israel and seeks year war of independence, a Turkish multi-year licenses for humanitarian or reli- to play a constructive role in Middle East World War I hero, Mustafa Kemal, gious activities in Burma. Licenses issued peace negotiations; helped found the Republic of Turkey. pursuant to this section shall be subject to Whereas Operation Enduring Freedom en- Kemal, who was later given the name annual review.’’. tered its 6th year on October 7th, 2007; Ataturk, meaning ‘‘father of the (c) AUTHORIZATION OF APPROPRIATIONS.— Whereas Turkey commanded the Inter- There are authorized to be appropriated national Security Assistance Force in Af- Turks,’’ rejected the crumbling struc- $20,000,000 to the Secretary of State for each ghanistan twice, from July 2002 to January tures and outdated modes of empire of the fiscal years 2008 and 2009 to support 2003, and from February 2005 to August 2005; and embraced instead a platform of re- operations by nongovernmental organiza- Whereas Turkey has provided humani- form and modernization, a legacy that tions designed to address the humanitarian tarian and medical assistance in Afghanistan continues in Turkey to this day and to needs of the Burmese people inside Burma and in Iraq; this hour. and in refugee camps in neighboring coun- Whereas the Government of Turkey has Today Turkey is the most successful tries. made its base in Incirlik available for United example in the Muslim world of a sec- States missions in Iraq and Afghanistan; SEC. 11. REPORT ON MILITARY AID TO BURMA. ular representative democracy. Tur- (a) IN GENERAL.—Not later than 180 days Whereas Secretary of Defense Robert Gates after the date of the enactment of this Act, credits United States air bases in Turkey key’s economy has grown at a record the Secretary of State shall submit a report with handling 70 percent of all air cargo de- pace in recent years to become the to the appropriate congressional committees ployed into Iraq; world’s 19th largest. Literacy and edu- that— Whereas 95 percent of the Mine-Resistant cation rates continue to climb, as life (1) contains a list of countries that provide Ambush-Protective vehicles (MRAPs) de- expectancy has improved and poverty military aid to Burma; and ployed into Iraq transit through air bases in rates have declined. Turkey stands as (2) describes the military aid provided by Turkey; an inspiration to reformers in the Whereas MRAPs protect coalition forces each of the countries described in paragraph greater Middle East and throughout (1). from improvised explosive devices and road- (b) MILITARY AID DEFINED.—In this section, side bombs; the world. the term ‘‘military aid’’ includes— Whereas the people of Turkey have been Turkey has been a consistent and (1) the provision of weapons, military vehi- victims of terrorist attacks by Al-Qaeda on loyal ally of the people of the United cles, and military aircraft; November 15, 2003, and November 20, 2003; States. From World War II, when Tur- (2) the provision of military training; and Whereas the United States supports Tur- key entered the fight on the side of the (3) conducting joint military exercises. key’s bid for membership in the European allies, to the cementing of the United (c) FORM.—The report required under sub- Union; and States-Turkish alliance in the 1947 Whereas the Secretary of State has listed section (a) shall be submitted in unclassified Truman doctrine to Turkey’s accession form and may include a classified annex. the Kurdistan Workers’ Party, which has to the North American Treaty Organi- SEC. 12. SENSE OF CONGRESS ON INTER- taken up arms against Turkey since its NATIONAL ARMS SALES TO BURMA. founding, as a Foreign Terrorist Organiza- zation in 1952, Turkey has been a friend It is the sense of Congress that the United tion in accordance with section 219 of the of the American people. States should lead efforts in the United Na- Immigration and Nationality Act, as amend- During the long Cold War, Turkey tions Security Council to impose a manda- ed: Now, therefore, be it was a bulwark on the edge of the Iron tory international arms embargo on Burma, Resolved, That the Senate— Curtain, and it was a critical ally. Tur- curtailing all sales of weapons, ammunition, (1) reiterates its strong support for the key later helped the United States to military vehicles, and military aircraft to strategic alliance between the United States patrol the no-fly zones over Iraq after and Turkey; Burma until the SPDC releases all political the first Persian Gulf war and aided prisoners, restores constitutional rule, and (2) urges Prime Minister Recep Tayyip holds free and fair elections to establish a Erdogan of Turkey to communicate the con- the U.S. Armed Forces in Afghanistan new government. tinuing support of the Senate and of the peo- after the September 11 attacks. ple of the United States to the people of Tur- Turkey, which has the second largest f key; army in NATO, commanded the Inter- SUBMITTED RESOLUTIONS (3) condemns the violent attacks conducted national Security Assistance Force in by the Kurdistan Workers’ Party over the Afghanistan twice, in 2002 and 2005, and last 2 decades; Turkish troops continue to contribute (4) urges Kurdish leaders in Iraq to deny SENATE RESOLUTION 358—EX- to security efforts there. PRESSING THE IMPORTANCE OF safe harbor for terrorists and to recognize bi- lateral agreements between Iraq and Turkey It is difficult to overstate the critical FRIENDSHIP AND COOPERATION importance of Turkey’s cooperation BETWEEN THE UNITED STATES for cooperation against terrorism; (5) encourages the Government of Turkey with United States missions in the re- AND TURKEY and the Government of Iraq to continue to gion. United States Defense Secretary Mr. SMITH (for himself and Mr. work together to end the threat of terrorism; Robert Gates recently estimated that BYRD) submitted the following resolu- and 70 percent—let me say that again, 70 tion; which was referred to the Com- (6) thanks Prime Minister Erdogan and the percent—of the air cargo deployed into mittee on Foreign Relations: people and Government of Turkey for— (A) assuming command of the Inter- Iraq to support United States troops S. RES. 358 national Security Assistance Force in Kabul, there transits through airbases in Tur- Whereas the United States and Turkey Afghanistan from July 2002 to January 2003, key. share common ideals and a clear vision for and from February 2005 to August 2005; I perhaps should say that again. It is the 21st century, in which freedom and de- (B) providing humanitarian and medical difficult to overstate the critical im- mocracy are the foundation of peace, pros- assistance in Afghanistan and in Iraq; portance of Turkey’s cooperation with perity, and security; (C) their willingness to contribute to inter- United States missions in the region. Whereas Turkey is a strong example of a national peace, stability, and prosperity, es- United States Defense Secretary Rob- predominantly Muslim country with a true pecially in the greater Middle East region; ert Gates recently estimated that 70 representative democratic government; and Whereas for more than 50 years a strategic (D) their continued discussions with offi- percent of the air cargo deployed into partnership has existed between the United cials in the United States and Iraq regarding Iraq to support United States troops States and Turkey, both bilaterally and constructive stabilization efforts in northern there transits through airbases in Tur- through the North Atlantic Treaty Organiza- Iraq. key.

VerDate Mar 15 2010 13:48 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR07\S29OC7.001 S29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 29, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 28539 Turkey, as a predominantly Muslim amine their history and the conscience Whereas Red Sox manager Terry Francona country with an important bilateral re- of their people. Given time and pa- has won a remarkable 2 World Series in the lationship with Israel, seeks to play a tience, their past can be confronted in past 4 years at the helm of the Red Sox and constructive role in Middle East peace assembled one of the greatest Red Sox teams a truthful and candid way. Many of us of all time; negotiations and continues to be an would like to see more progress from Whereas Red Sox owners John Henry and important ally in a dangerous and tur- Turkey in this area. There continue to Tom Werner and Red Sox president and chief bulent region. Turkey occupies a stra- be issues about which our two coun- executive officer Larry Lucchino and general tegically critical territory between Eu- tries disagree. This should be no sur- manager Theo Epstein ended an 86-year rope and Asia, bordering such chal- prise. Members of the same family dis- World Series drought in 2004 and ushered in lenging neighbors as Iran, Syria, and agree at times, and our best friends are a new era in Boston baseball that has been Iraq. often those who criticize us most open- confirmed in 2007; Whereas the Red Sox, playing before 44,588 Furthermore, I say, as the United ly. But there is a time for criticism and States increasingly looks to diversify Cleveland Indian fans who stood just one a time for praise, and criticism can be game away from celebrating their team’s its sources of energy, it is important constructive. Today is a day to cele- first World Series appearance in a decade, for us to remember that Turkey forms brate the great Turkish nation and its demonstrated the highest qualities of team- a crucial energy corridor to the West, people and to acknowledge the strong work and determination by winning the first capable of bringing oil and natural gas ties that bind our countries together. game of a historic run reminiscent of the from the steppes of Eurasia to the That is the reason I am cosponsoring a 2004 American League Championship Series; Whereas the Red Sox outscored their oppo- shores of the Mediterranean Sea. resolution with my colleague, Senator Turkey is, in short, central to the in- nents 59–15 during a 7-game winning streak GORDON SMITH—to affirm the friend- terests of the United States. Now is a ending in a victory in game 4 of the World ship and the alliance of the American good time to be reminded of that fact, Series in Colorado; and Turkish peoples. May our ties con- Whereas the Red Sox have won their last 8 as tensions build in the Kurdish region tinue to grow stronger with the pas- consecutive World Series games; and tempers flare over the proper sage of time. Whereas Josh Beckett, Jonathan Papelbon, words to use to describe a century-old and Daisuke Matsuzaka delivered masterful tragedy. Whatever one’s views may be f post-season pitching performances, and Curt about that tragedy—politically, eco- SENATE RESOLUTION 359—CON- Schilling demonstrated again why he is con- nomically, geographically, strategi- GRATULATING THE BOSTON RED sidered to be one of the most dominant post- season pitchers in baseball history; cally, and militarily—as our soldiers— SOX ON WINNING THE 2007 our soldiers, U.S. soldiers, American Whereas Jon Lester exhibited incredible WORLD SERIES courage and determination and provided in- soldiers—are in harm’s way in Iraq and Mr. KENNEDY (for himself, Mr. spiration to many by pitching 52⁄3 shutout in- Afghanistan, the United States can ill- nings in game 4 of the World Series, just 1 KERRY, Mr. REED, Mr. WHITEHOUSE, Mr. afford to lose such an important friend year after undergoing chemotherapy for and ally as Turkey. DODD, Mr. LIEBERMAN, Ms. SNOWE, Ms. lymphoma; This is a critical moment for Turkey. COLLINS, Mr. LEAHY, and Mr. SUNUNU) Whereas Mike Lowell, who led the Red Sox The Turkish people recently elected a submitted the following resolution; with 120 runs-batted-in during 2007, batted new government, led by Prime Minister which was considered and agreed to: .400 during the World Series, with 6 runs Erdogan and President Abdullah Gul. S. RES 359 scored and 4 runs-batted-in, to earn the most valuable player award; Whereas on October 28, 2007, the Boston Let me say that once more. This time Whereas pitching phenomena Daisuke Red Sox won the 2007 World Series by a 4- I think I can say that better. This is a Matsuzaka and Hideki Okajima have helped game sweep of the Colorado Rockies; critical moment for Turkey. The Turk- produce close ties between the people of New ish people recently elected a new gov- Whereas the Colorado Rockies deserve England and Japan with their extraordinary ernment led by Prime Minister great credit for their historic performance play this year; during the 2007 baseball season and post-sea- Erdogan and President Abdullah Gul. Whereas the entire Red Sox organization son, in which the Rockies won a remarkable has a strong commitment to charitable These decisive elections demonstrated 21 of the final 22 games heading into the the vibrant and healthy spirit of Tur- causes in New England, demonstrated by the World Series; team’s 54-year support of the ‘‘Jimmy Fund’’ key’s democracy and the commitment Whereas the Boston Red Sox victory was of the Dana-Farber Cancer Institute, con- of Turkey’s people to the democratic the second world title of the Red Sox in 4 tributing to the ongoing battle against child- process. However, the young govern- years and the seventh world title in the 107- hood cancers; ment is facing a number of serious year history of the revered New England Whereas fans of the Red Sox are found in challenges as it simultaneously seeks team; every corner of the United States and across to guard against a very real threat Whereas the 2007 Red Sox world champion- the globe, far beyond Boston and New Eng- ship team, like the 2004 Red Sox world cham- land; and from Kurdish terrorists, assuage Turk- pionship team, epitomized the very best in ish nationalists and the military, and Whereas the members of the ‘‘Red Sox Na- sportsmanship, team spirit, and heart in the tion’’ express their immense gratitude to the maintain the secular character of the course of winning the American League entire Red Sox team for an inspiring 2007 State, all while continuing Turkey’s Championship Series and the World Series; season and for bringing another world cham- bid for European Union membership. Whereas the 2007 Red Sox world champion- pionship title to Boston: Now, therefore, be We should offer the Turkish Govern- ship team honored the careers of all former it ment all the support we can give in Red Sox legends, including Bobby Doerr, Resolved, That the Senate— these noble endeavors. Carl Yastrzemski, Carlton Fisk, Jimmie (1) congratulates— Much like the United States, Turkey Foxx, Cy Young, Johnny Pesky, Dom (A) the Boston Red Sox for winning the continues to struggle with the darker DiMaggio, Joe Cronin, Jim Rice, and Ted 2007 Major League Baseball World Series and Williams; the players, manager, coaches, support staff, moments of its history. The terrible Whereas the Red Sox were led back to the and team owners and executives whose abil- treatment of Armenians prior to and World Series this season by the determina- ity, hard work, dedication, and spirit made during the first World War, as well as tion of 2004 world championship team vet- this season possible; and the treatment of other minorities, in- erans, including Manny Ramirez, David (B) the Colorado Rockies for their extraor- cluding Greeks, Alevis, and Kurds, is a Ortiz, Tim Wakefield, Curt Schilling, Jason dinary success during the 2007 season in win- matter that continues to haunt the Varitek, Mike Timlin, Kevin Youkilis, and ning the National League Championship; and people of Turkey. In recent years, how- Doug Mirabelli; (2) directs the Secretary of the Senate to ever, there have been encouraging Whereas the 2007 season produced new Red transmit an enrolled copy of this resolution signs: historians conferences, attempts Sox stars, including Josh Beckett, Jacoby to— Ellsbury, Dustin Pedroia, Julio Lugo, Mike (A) Red Sox manager Terry Francona; to improve relations with Armenia, Lowell, Jonathan Papelbon, Hideki Okajima, (B) Red Sox general manager Theo Epstein; and growing acceptance of the Kurdish Daisuke Matsuzaka, J.D. Drew, Jon Lester, (C) Red Sox president and chief executive language. and rookie right-hander Clay Buchholz, who officer Larry Lucchino; This is what free people and open de- in his second major league start, pitched the (D) Red Sox principal owner John Henry; mocracies do. They debate and they ex- 17th no-hitter in Red Sox history; and

VerDate Mar 15 2010 13:48 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\BR07\S29OC7.001 S29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28540 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 October 29, 2007 (E) Red Sox chairman Tom Werner. evaluation of passenger rail service between (3) shall, not later than 90 days after the f Chicago and Seattle, through Southern Mon- end of each fiscal year through fiscal year tana (commonly known as the ‘‘North Coast 2012— AMENDMENTS SUBMITTED AND Hiawatha Route’’), which was operated by (A) submit to Congress a comprehensive re- PROPOSED Amtrak until 1979, using methodologies port that allocates all of Amtrak’s revenues adopted under subsection (c), to determine and costs to each of its routes, each of its SA 3472. Mr. TESTER submitted an amend- whether to reinstate passenger rail service lines of business, and each major activity ment intended to be proposed by him to the along the North Coast Hiawatha Route or within each route and line of business activ- bill S. 294, to reauthorize Amtrak, and for along segments of such route, provided that ity, including— other purposes. such service will not negatively impact ex- (i) train operations; SA 3473. Mr. SANDERS submitted an isting Amtrak routes. (ii) equipment maintenance; amendment intended to be proposed by him (iii) food service; to the bill S. 294, supra. SA 3473. Mr. SANDERS submitted an (iv) sleeping cars; SA 3474. Mr. COBURN submitted an amendment intended to be proposed by (v) ticketing; and amendment intended to be proposed by him him to the bill S. 294, to reauthorize (vi) reservations; to the bill S. 294, supra; which was ordered to Amtrak, and for other purposes; as fol- (B) include the report described in subpara- lie on the table. lows: graph (A) in Amtrak’s annual report; and SA 3475. Mr. COBURN submitted an (C) post such report on Amtrak’s website. amendment intended to be proposed by him On page 66, line 10, insert ‘‘, including projects that involve the purchase of envi- to the bill S. 294, supra. SA 3476. Mr. ALLARD submitted an SA 3476. Mr. ALLARD submitted an ronmentally sensitive, fuel-efficient, and cost-effective passenger rail equipment’’ be- amendment intended to be proposed by amendment intended to be proposed by him him to the bill S. 294, to reauthorize to the bill S. 294, supra. fore the period. Amtrak, and for other purposes; as fol- SA 3477. Mr. CRAPO submitted an amend- SA 3474. Mr. COBURN submitted an ment intended to be proposed by him to the lows: bill S. 294, supra. amendment intended to be proposed by On page 56, strike lines 12 through 17 and SA 3478. Mr. ENSIGN submitted an amend- him to the bill S. 294, to reauthorize insert the following: ment intended to be proposed by him to the Amtrak, and for other purposes; which (1) PLAN REQUIRED.—Section 24101(d) is bill S. 294, supra; which was ordered to lie on was ordered to lie on the table; as fol- amended— the table. lows: (A) by striking ‘‘plan to operate within the SA 3479. Mr. ENSIGN submitted an amend- At the appropriate place, insert the fol- funding levels authorized by section 24104 of ment intended to be proposed by him to the lowing: this chapter, including the budgetary goals bill S. 294, supra; which was ordered to lie on SEC. ll. FOOD AND BEVERAGE SERVICE. for fiscal years 1998 through 2002.’’ and in- the table. (a) QUARTERLY REPORT.—The National serting ‘‘plan, consistent with section 204 of SA 3480. Mr. ENSIGN submitted an amend- Railroad Passenger Corporation (referred to the Passenger Rail Investment and Improve- ment intended to be proposed by him to the in this section as ‘‘Amtrak’’) shall submit a ment Act of 2007, including the budgetary bill S. 294, supra; which was ordered to lie on quarterly report to Congress and to the Sec- goals for fiscal years 2007 through 2012.’’; and the table. retary of Transportation that sets forth the (B) by striking the last sentence and in- SA 3481. Mr. ENSIGN submitted an amend- profit or loss, as applicable, relating to the serting ‘‘Amtrak and its Board of Directors ment intended to be proposed by him to the provision of food and beverage service on shall adopt a long term plan that minimizes bill S. 294, supra; which was ordered to lie on each rail line operated by Amtrak. the need for Federal operating subsidies.’’. the table. (b) CONTRACT RENEGOTIATION.—If the food SA 3482. Mr. ENSIGN submitted an amend- and beverage service on a specific Amtrak SA 3477. Mr. CRAPO submitted an ment intended to be proposed by him to the rail line incurs a loss in any fiscal year, Am- amendment intended to be proposed by bill S. 294, supra; which was ordered to lie on trak shall renegotiate any applicable con- him to the bill S. 294, to reauthorize the table. tracts relating to food and beverage service Amtrak, and for other purposes; as fol- SA 3483. Mr. DEMINT submitted an amend- (including associated labor contracts) for lows: ment intended to be proposed by him to the such rail line in an effort to— On page 24, line 6, insert ‘‘intercity pas- bill S. 294, supra. (1) reduce the cost of such service; and senger rail service or by’’ after ‘‘served by’’. SA 3484. Mr. DEMINT submitted an amend- (2) increase to likelihood to make a profit On page 25, strike lines 10 through 16 and ment intended to be proposed by him to the in the following fiscal year. insert the following: bill S. 294, supra. (c) DISCONTINUANCE.—If the food and bev- (e) PIONEER ROUTE.—Not later than 1 year erage service on a specific Amtrak rail line SA 3485. Mr. BOND submitted an amend- after the date of the enactment of this Act, incurs a loss in any 2 consecutive fiscal ment intended to be proposed by him to the Amtrak shall conduct a 1-time evaluation of years, Amtrak shall terminate such service bill S. 294, supra. passenger rail service between Seattle and on such rail line. SA 3486. Mr. VITTER submitted an amend- Chicago (commonly known as the ‘‘Pioneer ment intended to be proposed by him to the (d) REINSTATEMENT.—Amtrak may rein- state food and beverage service that was dis- Route’’), which was operated by Amtrak bill S. 294, supra; which was ordered to lie on until 1997, using methodologies adopted the table. continued under subsection (c) if— (1) at least 1 year has elapsed since the under subsection (c), to determine whether SA 3487. Mr. VITTER submitted an amend- to reinstate passenger rail service along the ment intended to be proposed by him to the date on which such service was discontinued on the applicable rail line; Pioneer Route or along segments of such bill S. 294, supra; which was ordered to lie on route. the table. (2) Amtrak submits a credible proposal to SA 3488. Mrs. HUTCHISON submitted an Congress and to the Secretary of Transpor- Mr. ENSIGN submitted an tation for generating food and beverage serv- SA 3478. amendment intended to be proposed by her amendment intended to be proposed by to the bill S. 294, supra. ice profits on such rail line for each of the SA 3489. Mr. SCHUMER submitted an following 5 fiscal years; and him to the bill S. 294, to reauthorize amendment intended to be proposed by him (3) the Secretary of Transportation, or the Amtrak, and for other purposes; which to the bill S. 294, supra; which was ordered to designee of the Secretary, certifies to Con- was ordered to lie on the table; as fol- lie on the table. gress that the proposal submitted under lows: paragraph (2) will likely generate food and At the end add the following: f beverage service profits on such rail line for TITLE V—E-RATE PROTECTION TEXT OF AMENDMENTS each of the following 5 fiscal years. SEC. 501. PROHIBITION ON USE OF E-RATE SA 3472. Mr. TESTER submitted an SA 3475. Mr. COBURN submitted an FUNDS TO PROVIDE CELL PHONES amendment intended to be proposed by amendment intended to be proposed by TO STAFF. him to the bill S. 294, to reauthorize The Federal Communications Commission him to the bill S. 294, to reauthorize shall ensure that no funds provided to an ele- Amtrak, and for other purposes; as fol- Amtrak, and for other purposes; as fol- mentary school, secondary school, or library lows: lows: for purposes of section 254(h)(1)(B) of the On page 25, between lines 16 and 17, insert On page 14, line 25, strike ‘‘and’’ at the end Communications Act of 1934 (47 U.S.C. the following: and all that follows through page 15, line 20, 254(h)(1)9B)) are used to provide cell phones (f) NORTH COAST HIAWATHA ROUTE.—Not and insert the following: to— later than 1 year after the date of enactment (2) shall implement a modern financial ac- (1) bus drivers; of this Act, Amtrak shall conduct a 1-time counting and reporting system; and (2) janitors;

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(3) school administrators; or (2) REGISTRANT DEFINED.—As used in the SEC. 215. PROHIBITION ON FINANCIAL GUARAN- (4) other such staff employed by the ele- reports required under paragraph (1)— TEES. mentary school, secondary school, or library. (A) Amtrak shall be deemed to be the ‘‘reg- (a) IN GENERAL.—Notwithstanding any istrant’’ described in the forms of the Securi- other provision of law, beginning on the date SA 3479. Mr. ENSIGN submitted an ties and Exchange Commission; and of the enactment of this Act, the Federal amendment intended to be proposed by (B) references contained in such forms to Government shall not make any financial him to the bill S. 294, to reauthorize Securities and Exchange Commission regula- guarantee or commitment to amortize Am- Amtrak, and for other purposes; which tions are incorporated in this section by ref- trak’s outstanding indebtedness. erence. (b) SAVINGS PROVISION.—Nothing in this was ordered to lie on the table; as fol- section may be construed to prohibit the lows: (3) INTERNAL CONTROL REPORT.—Beginning with the annual report for fiscal year 2010, Federal Government from honoring any fi- At the end add the following: Amtrak shall comply with the rules pre- nancial guarantee or commitment made by TITLE V—REPEAL OF CERTAIN scribed by the Securities and Exchange Com- the Federal Government before the date of COMMUNICATIONS TAXES mission implementing sections 302 and 404 of the enactment of this Act. SEC. 501. REPEAL OF EXCISE TAX ON TELEPHONE the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7241 AND OTHER COMMUNICATIONS and 7262). SA 3482. Mr. ENSIGN submitted an SERVICES. (b) FINANCIAL REPORTING.— amendment intended to be proposed by (a) IN GENERAL.—Chapter 33 of the Internal (1) IN GENERAL.—The report required under him to the bill S. 294, to reauthorize Revenue Code of 1986 (relating to facilities subsection (a)(1)(B) shall include all revenue Amtrak, and for other purposes; which and services) is amended by striking sub- and expenses associated with rail operations was ordered to lie on the table; as fol- chapter B. (b) CONFORMING AMENDMENTS.— by route, including asset depreciation. lows: (1) Section 4293 of such Code is amended by (2) SEGMENT REPORTING.—Beginning with On page 60, after line 22, add the following: striking ‘‘chapter 32 (other than the taxes the reports for fiscal year 2010, Amtrak shall SEC. 224. PROHIBITION OF FEDERAL SUBSIDIES imposed by sections 4064 and 4121) and sub- include segment reporting in the report re- FOR FOOD AND BEVERAGE SERVICE. chapter B of chapter 33,’’ and inserting ‘‘and quired under subsection (a)(1)(A). Amtrak, Federal funds may not be used by the Na- chapter 32 (other than the taxes imposed by after consultation with the Secretary of tional Railroad Passenger Corporation to sections 4064 and 4121),’’. Transportation, shall determine the appro- subsidize food and beverage service on Am- (2)(A) Paragraph (1) of section 6302(e) of priate segment reporting under this para- trak trains until Amtrak is in compliance such Code is amended by striking ‘‘section graph. with section 24305(c)(4) of title 49, United 4251 or’’. (c) SUPPORTING MATTER.—The Secretary of States Code. (B) Paragraph (2) of section 6302(e) of such Transportation shall have access to the Code is amended— audit documentation and any other sup- SA 3483. Mr. DEMINT submitted an (i) by striking ‘‘imposed by—’’ and all that porting matter of Amtrak and its inde- amendment intended to be proposed by follows through ‘‘with respect to’’ and in- pendent auditor in connection with any in- him to the bill S. 294, to reauthorize serting ‘‘imposed by section 4261 or 4271 with formation submitted under this section. Amtrak, and for other purposes; as fol- respect to’’, and (d) REVISED REQUIREMENTS.—The Secretary lows: (ii) by striking ‘‘bills rendered or’’. of Transportation may initiate proceedings On page 58, lines 3 through 5, strike ‘‘its (C) The subsection heading for section (to be conducted in accordance with regula- operation of trains funded by the private sec- 6302(e) of such Code is amended by striking tions that the Secretary shall prescribe) to tor in order to minimize its need for Federal ‘‘Communications Services and’’. improve the quality, accuracy, or complete- subsidies.’’ and insert ‘‘the operation of (3) Section 6415 of such Code is amended by ness of Amtrak data required under this sec- trains funded by, or in partnership with, pri- striking ‘‘4251, 4261, or 4271’’ each place it ap- tion if— vate sector operators through competitive pears and inserting ‘‘4261 or 4271’’. (1) the data have become significantly in- contracting to minimize the need for Federal (4) Paragraph (2) of section 7871(a) of such accurate or can be significantly improved; or subsidies.’’. Code is amended by inserting ‘‘or’’ at the end (2) the Secretary determines that those re- visions are otherwise necessitated by the of subparagraph (B), by striking subpara- SA 3484. Mr. DEMINT submitted an public interest. graph (C), and by redesignating subpara- amendment intended to be proposed by graph (D) as subparagraph (C). (e) CONFIDENTIAL INFORMATION.—If Amtrak (5) The table of subchapters for chapter 33 determines that any document or portion of him to the bill S. 294, to reauthorize of such Code is amended by striking the item a document, or other matter, provided to the Amtrak, and for other purposes; as fol- relating to subchapter B. Secretary of Transportation in a nonpublic lows: (c) EFFECTIVE DATE.—The amendments annex under this section or under subsection On page 97, line 13, insert ‘‘host freight made by this section shall apply to amounts (c) contains information that is exempt from railroad companies, passenger railroad paid pursuant to bills first rendered more public disclosure under section 552(b) of title equipment manufacturers, and other pas- than 90 days after the date of the enactment 5, United States Code, Amtrak shall, at the senger railroad operators as appropriate,’’ of this Act. time of providing such matter to the Sec- after ‘‘Administration,’’. retary, submit written notification to the SA 3480. Mr. ENSIGN submitted an Secretary of such determination that de- SA 3485. Mr. BOND submitted an amendment intended to be proposed by scribes the documents or other matter for amendment intended to be proposed by him to the bill S. 294, to reauthorize which confidentiality is sought and the rea- him to the bill S. 294, to reauthorize Amtrak, and for other purposes; which sons for such determination. Amtrak, and for other purposes; as fol- was ordered to lie on the table; as fol- (f) MONTHLY PERFORMANCE REPORTS.—Am- lows: lows: trak shall include in each monthly perform- On page 11, between lines 22 and 23, insert At the appropriate place, insert the fol- ance report— the following: (1) expenses relating to food and beverage lowing: (e) AMTRAK’S MISSION.— SEC. ll. ADDITIONAL FINANCIAL REPORTING. operations, including the cost of meals and (1) Section 24101 is amended— (a) REPORTS.— food and beverage contractor performance; (A) by striking ‘‘PURPOSE’’ in the section (1) IN GENERAL.—Beginning with the first (2) expenses relating to non-payroll em- heading and inserting ‘‘MISSION’’; fiscal year beginning after the date of the en- ployees, including post-retirement health (B) by striking subsection (b) and inserting actment of this Act, Amtrak shall file with care expenses, supplemental executive re- the following: the Secretary of Transportation— tirement plans, and performance bonuses; ‘‘(b) MISSION.— (A) not later than 60 days after the end of and ‘‘(1) IN GENERAL.—The mission of Amtrak each fiscal year, an annual report containing (3) depreciation expenses for the capital as- is to provide efficient and effective intercity the information required by the Securities sets on each passenger rail route. passenger rail mobility consisting of high and Exchange Commission to be included in quality service that is trip-time competitive annual reports under such sections on Form SA 3481. Mr. ENSIGN submitted an with other intercity travel options and that 10–K, as such form may be revised from time amendment intended to be proposed by is consistent with the goals of subsection (d). to time; and him to the bill S. 294, to reauthorize ‘‘(2) PERFORMANCE MEASUREMENT.—All (B) periodic reports within the time frame Amtrak, and for other purposes; which measurements of Amtrak performance, in- and containing the information prescribed in was ordered to lie on the table; as fol- cluding decisions on whether, and to what Form 8–K of the Securities and Exchange extent, to provide operating subsidies, shall Commission, as such form may be revised lows: be based on Amtrak’s ability to carry out from time to time. Strike section 215 and insert the following: the mission described in paragraph (1).’’; and

VerDate Mar 15 2010 13:48 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR07\S29OC7.001 S29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28542 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 October 29, 2007 (C) by redesignating paragraphs (9) provide the only rail passenger service to 23 (1) the Committee on Commerce, Science, through (11) in subsection (c) as paragraphs States. and Transportation of the Senate; and (10) through (12), respectively, and inserting (4) Amtrak’s long-distance trains provide (2) the Committee on Transportation and after paragraph (8) the following: an essential transportation service for many Infrastructure of the House of Representa- ‘‘(9) provide redundant or complimentary communities and to a significant percentage tives. intercity transportation service to ensure of the general public. f mobility in times of national disaster or (5) Many long-distance trains serve small other instances where other travel options communities with limited or no significant SEQUENTIAL REFERRAL are not adequately available;’’. air or bus service, especially in remote or EXTENSION (2) CONFORMING AMENDMENT.—The chapter isolated areas in the United States. analysis for chapter 241 is amended by strik- (6) As a result of airline deregulation and Ms. CANTWELL. Madam President, ing the item relating to section 24101 and in- decisions by national bus carriers to leave as in executive session, I ask unani- serting the following: many communities, rail transportation may mous consent that the sequential refer- ‘‘24101. Findings, mission, and goals’’. provide the only feasible common carrier ral of the nomination of Julie L. On page 18, line 7, strike ‘‘and’’. transportation option for a growing number Myers, of Kansas, to be an Assistant On page 18, strike lines 8 and 9 and insert of areas. Secretary of Homeland Security, to the the following: (7) If long-distance trains were eliminated, Committee on Judiciary be extended (12) prior fiscal year and projected oper- 23 States and 243 communities would be left until November 2, 2007; further that if ating ratio, cash operating loss, and cash op- with no intercity passenger rail service and erating loss per passenger on a route, busi- 16 other States would lose some rail service. the nomination is not reported at that ness line, and corporate basis; These trains provide a strong economic ben- time, the nomination then be auto- (13) prior fiscal year and projected specific efit for the States and communities that matically discharged and placed on the costs and savings estimates resulting from they serve. Executive Calendar. reform initiatives; (8) Long-distance trains also provide trans- The PRESIDING OFFICER. Without (14) prior fiscal year and projected labor portation during periods of severe weather or objection, it is so ordered. productivity statistics on a route, business emergencies that stall other modes of trans- line, and corporate basis; portation. f (15) prior fiscal year and projected equip- (9) Amtrak provided the only reliable long- EXECUTIVE SESSION ment reliability statistics; and distance transportation following the Sep- (16) capital and operating expenditure for tember 11, 2001 terrorist attacks that ground- anticipated security needs. ed air travel. EXECUTIVE CALENDAR (10) The majority of passengers on long-dis- SA 3486. Mr. VITTER submitted an tance trains do not travel between the Ms. CANTWELL. Madam President, I amendment intended to be proposed by endpoints, but rather between any combina- ask unanimous consent that the Sen- him to the bill S. 294, to reauthorize tion of cities along the route. ate proceed to executive session to con- Amtrak, and for other purposes; which (11) Passenger trains provide transpor- sider Executive Calendar No. 255, R. was ordered to lie on the table; as fol- tation options, mobility for underserved pop- Lyle Laverty to be Assistant Secretary ulations, congestion mitigation, and jobs in lows: the areas they serve. for Fish and Wildlife; that the nomina- On page 105, between lines 13 and 14, insert (12) Passenger rail has a positive impact on tion be confirmed; the motion to recon- the following: the environment compared to other modes of sider be laid upon the table; the Presi- ‘‘(12) To review rail crossing safety im- transportation by conserving energy, reduc- dent be immediately notified of the provements, including improvements using ing greenhouse gas emissions, and cutting Senate’s action and the Senate then re- new safety technology. down on other airborne particulate and toxic turn to legislative session. emissions. SA 3487. Mr. VITTER submitted an The PRESIDING OFFICER. Without (13) Amtrak communities that are served objection, it is so ordered. amendment intended to be proposed by use passenger rail and passenger rail stations him to the bill S. 294, to reauthorize as a significant source of economic develop- The nomination considered and con- Amtrak, and for other purposes; which ment. firmed is as follows: was ordered to lie on the table; as fol- (14) This Act makes meaningful and impor- DEPARTMENT OF THE INTERIOR lows: tant reforms to increase the efficiency, prof- R. Lyle Laverty, of Colorado, to be Assist- itability and on-time performance of Am- ant Secretary for Fish and Wildlife. On page 95, between lines 2 and 3, insert trak’s long-distance routes. the following: (b) SENSE OF THE SENATE.—It is the sense f ‘‘(13) A review of the safety of all public of the Senate that— LEGISLATIVE SESSION railway-highway grade crossings, including (1) long-distance passenger rail is a vital security measures, safety conditions, past and necessary part of our national transpor- The PRESIDING OFFICER. Under accidents, possible safety improvements, and tation system and economy; and the previous order, the Senate will now any other factors that the Secretary con- (2) Amtrak should maintain a national pas- return to legislative session. siders relevant. senger rail system, including long-distance f routes, that connects the continental United SA 3488. Mrs. HUTCHISON submitted States from coast to coast and from border CONGRATULATING THE BOSTON an amendment intended to be proposed to border. RED SOX by her to the bill S. 294, to reauthorize Amtrak, and for other purposes; as fol- SA 3489. Mr. SCHUMER submitted an Ms. CANTWELL. Madam President, I lows: amendment intended to be proposed by ask unanimous consent that the Sen- At the appropriate place, insert the fol- him to the bill S. 294, to reauthorize ate now proceed to the immediate con- lowing: Amtrak, and for other purposes; which sideration of S. Res. 359, submitted ear- SEC. ll. SENSE OF THE SENATE REGARDING was ordered to lie on the table; as fol- lier today. THE NEED TO MAINTAIN AMTRAK AS lows: The PRESIDING OFFICER. The A NATIONAL PASSENGER RAIL SYS- clerk will report the resolution by TEM. On page 60, after line 22, add the following: (a) FINDINGS.—The Senate makes the fol- SEC. 224. PASSENGER RAIL COST STUDY. title. lowing findings: (a) IN GENERAL.—The National Railroad The assistant legislative clerk read (1) In fiscal year 2007, 3,800,000 passengers Passenger Corporation shall conduct a study as follows: traveled on Amtrak’s long distance trains, to determine the potential cost and eco- A resolution (S. Res. 359) congratulating an increase of 2.4 percent over fiscal year nomic impact of passenger rail service be- the Boston Red Sox on winning the 2007 2006. tween Scranton, Pennsylvania and Bing- World Series. (2) Amtrak long-distance routes generated hamton, New York. There being no objection, the Senate $376,000,000 in revenue in fiscal year 2007, an (b) SUBMISSION.—Not later than 1 year increase of 5 percent over fiscal year 2006. after the date of the enactment of this Act, proceeded to consider the resolution. (3) Amtrak operates 15 long-distance trains Amtrak shall submit a report containing the Ms. CANTWELL. Madam President, I over 18,500 route miles that serve 39 States results of the study conducted under this ask unanimous consent that the reso- and the District of Columbia. These trains section to— lution be agreed to, the preamble be

VerDate Mar 15 2010 13:48 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\BR07\S29OC7.001 S29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 29, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 28543 agreed to, the motions to reconsider be onstrated the highest qualities of teamwork ORDERS FOR TUESDAY, OCTOBER laid upon the table, en bloc, and any and determination by winning the first game 30, 2007 of a historic run reminiscent of the 2004 statements be printed in the RECORD. Ms. CANTWELL. Madam President, I The PRESIDING OFFICER. Without American League Championship Series; Whereas the Red Sox outscored their oppo- ask unanimous consent that when the objection, it is so ordered. nents 59–15 during a 7-game winning streak Senate completes its business today, it The resolution (S. Res. 359) was ending in a victory in game 4 of the World stand adjourned until 10 a.m, Tuesday, agreed to. Series in Colorado; October 30; that on Tuesday, following The preamble was agreed to. Whereas the Red Sox have won their last 8 the prayer and pledge, the Journal of The resolution, with its preamble, consecutive World Series games; proceedings be approved to date, the reads as follows: Whereas Josh Beckett, Jonathan Papelbon, morning hour be deemed expired, the S. RES. 359 and Daisuke Matsuzaka delivered masterful post-season pitching performances, and Curt time for the two leaders be reserved for Whereas on October 28, 2007, the Boston Schilling demonstrated again why he is con- their use later in the day; that there Red Sox won the 2007 World Series by a 4- sidered to be one of the most dominant post- then be period of morning business for game sweep of the Colorado Rockies; season pitchers in baseball history; 60 minutes, with Senators permitted to Whereas the Colorado Rockies deserve Whereas Jon Lester exhibited incredible great credit for their historic performance speak therein for up to 10 minutes courage and determination and provided in- during the 2007 baseball season and post-sea- each, with Republicans controlling the spiration to many by pitching 52⁄3 shutout in- son, in which the Rockies won a remarkable first half and the majority controlling nings in game 4 of the World Series, just 1 21 of the final 22 games heading into the the final half; that following morning year after undergoing chemotherapy for World Series; business, the Senate resume consider- lymphoma; Whereas the Boston Red Sox victory was ation of S. 294, the Amtrak legislation; the second world title of the Red Sox in 4 Whereas Mike Lowell, who led the Red Sox with 120 runs-batted-in during 2007, batted that on Tuesday, the Senate stand in years and the seventh world title in the 107- recess from 12:30 until 2:15 p.m. for the year history of the revered New England .400 during the World Series, with 6 runs team; scored and 4 runs-batted-in, to earn the most respective party conference meetings; Whereas the 2007 Red Sox world champion- valuable player award; further, I ask unanimous consent that ship team, like the 2004 Red Sox world cham- Whereas pitching phenomena Daisuke the Members have until 12 noon to file pionship team, epitomized the very best in Matsuzaka and Hideki Okajima have helped any second-degree amendments. sportsmanship, team spirit, and heart in the produce close ties between the people of New The PRESIDING OFFICER. Without England and Japan with their extraordinary course of winning the American League objection, it is so ordered. Championship Series and the World Series; play this year; Whereas the 2007 Red Sox world champion- Whereas the entire Red Sox organization f ship team honored the careers of all former has a strong commitment to charitable Red Sox legends, including Bobby Doerr, causes in New England, demonstrated by the PROGRAM team’s 54-year support of the ‘‘Jimmy Fund’’ Carl Yastrzemski, Carlton Fisk, Jimmie Ms. CANTWELL. Madam President, Foxx, Cy Young, Johnny Pesky, Dom of the Dana-Farber Cancer Institute, con- DiMaggio, Joe Cronin, Jim Rice, and Ted tributing to the ongoing battle against child- as a reminder to Members, a couple of Williams; hood cancers; votes with respect to amendments are Whereas the Red Sox were led back to the Whereas fans of the Red Sox are found in expected to occur prior to the cloture World Series this season by the determina- every corner of the United States and across vote; therefore, up to three rollcall tion of 2004 world championship team vet- the globe, far beyond Boston and New Eng- votes could occur prior to the Senate land; and erans, including Manny Ramirez, David recessing for the caucus meetings. Ortiz, Tim Wakefield, Curt Schilling, Jason Whereas the members of the ‘‘Red Sox Na- Varitek, Mike Timlin, Kevin Youkilis, and tion’’ express their immense gratitude to the f Doug Mirabelli; entire Red Sox team for an inspiring 2007 Whereas the 2007 season produced new Red season and for bringing another world cham- ADJOURNMENT UNTIL 10 A.M. Sox stars, including Josh Beckett, Jacoby pionship title to Boston: Now, therefore, be TOMORROW it Ellsbury, Dustin Pedroia, Julio Lugo, Mike Ms. CANTWELL. Madam President, Lowell, Jonathan Papelbon, Hideki Okajima, Resolved, That the Senate— Daisuke Matsuzaka, J.D. Drew, Jon Lester, (1) congratulates— if there is no further business, I ask and rookie right-hander Clay Buchholz, who (A) the Boston Red Sox for winning the unanimous consent that the Senate in his second major league start, pitched the 2007 Major League Baseball World Series and stand adjourned under the previous 17th no-hitter in Red Sox history; the players, manager, coaches, support staff, order. Whereas Red Sox manager Terry Francona and team owners and executives whose abil- There being no objection, the Senate, has won a remarkable 2 World Series in the ity, hard work, dedication, and spirit made at 7:19 p.m., adjourned until Tuesday, past 4 years at the helm of the Red Sox and this season possible; and October 30, 2007, at 10 a.m. assembled one of the greatest Red Sox teams (B) the Colorado Rockies for their extraor- of all time; dinary success during the 2007 season in win- f Whereas Red Sox owners John Henry and ning the National League Championship; and Tom Werner and Red Sox president and chief (2) directs the Secretary of the Senate to CONFIRMATION executive officer Larry Lucchino and general transmit an enrolled copy of this resolution manager Theo Epstein ended an 86-year to— Executive nomination confirmed by World Series drought in 2004 and ushered in (A) Red Sox manager Terry Francona; the Senate Monday, October 29, 2007: a new era in Boston baseball that has been (B) Red Sox general manager Theo Epstein; DEPARTMENT OF THE INTERIOR confirmed in 2007; (C) Red Sox president and chief executive R. LYLE LAVERTY, OF COLORADO, TO BE ASSISTANT Whereas the Red Sox, playing before 44,588 officer Larry Lucchino; SECRETARY FOR FISH AND WILDLIFE. Cleveland Indian fans who stood just 1 game (D) Red Sox principal owner John Henry; THE ABOVE NOMINATION WAS APPROVED SUBJECT TO THE NOMINEE’S COMMITMENT TO RESPOND TO RE- away from celebrating their team’s first and QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY World Series appearance in a decade, dem- (E) Red Sox chairman Tom Werner. CONSTITUTED COMMITTEE OF THE SENATE.

VerDate Mar 15 2010 13:48 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00034 Fmt 0686 Sfmt 9801 E:\BR07\S29OC7.001 S29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28544 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 October 29, 2007 HOUSE OF REPRESENTATIVES—Monday, October 29, 2007

The House met at 12:30 p.m. and was If faith does not spring spontaneously drilling in ANWAR, we will be held called to order by the Speaker pro tem- from within, it becomes dead men’s hostage by Third World countries, pore (Mr. GONZALEZ). quotes or rigid braces for feeble limbs. rogue dictators, and political enemies. We have the ability to explore and drill f The freedom of religion cannot live in legislative words or inanimate ob- safely our own abundant natural re- DESIGNATION OF SPEAKER PRO jects. Religious faith must be allowed sources. We must take care of our- TEMPORE to find its own expression freely. Left selves or the days of higher oil prices The SPEAKER pro tempore laid be- alone, faith will flourish in its own have just begun. fore the House the following commu- time and find its own roots, perhaps in And that’s just the way it is. nication from the Speaker: open fields or in surprising cracks of f WASHINGTON, DC, our own pavement. Only when faith COMMUNICATION FROM THE October 29, 2007. takes life will You be glorified, O Lord. CLERK OF THE HOUSE Amen. I hereby appoint the Honorable CHARLES A. The SPEAKER pro tempore laid be- GONZALEZ to act as Speaker pro tempore on f this day. fore the House the following commu- NANCY PELOSI, THE JOURNAL nication from the Clerk of the House of Representatives: Speaker of the House of Representatives. The SPEAKER pro tempore. The f Chair has examined the Journal of the OFFICE OF THE CLERK, HOUSE OF REPRESENTATIVES, MORNING-HOUR DEBATE last day’s proceedings and announces Washington, DC, October 29, 2007. to the House his approval thereof. Hon. NANCY PELOSI, The SPEAKER pro tempore. Pursu- Pursuant to clause 1, rule I, the Jour- The Speaker, House of Representatives, ant to the order of the House of Janu- nal stands approved. Washington, DC. ary 4, 2007, the Chair will now recog- DEAR MADAM SPEAKER: Pursuant to the f nize Members from lists submitted by permission granted in Clause 2(h) of Rule II the majority and minority leaders for PLEDGE OF ALLEGIANCE of the Rules of the U.S. House of Representa- morning-hour debate. tives, the Clerk received the following mes- The SPEAKER pro tempore. Will the sage from the Secretary of the Senate on Oc- The Chair will alternate recognition gentleman from Georgia (Mr. BARROW) tober 26, 2007, at 10:20 a.m.: between the parties, with each party come forward and lead the House in the That the Senate passed with an amend- limited to 30 minutes and each Mem- Pledge of Allegiance. ment H.R. 3678. ber, other than the majority and mi- Mr. BARROW led the Pledge of Alle- With best wishes, I am, Sincerely, nority leaders and the minority whip, giance as follows: limited to 5 minutes. LORRAINE C. MILLER, I pledge allegiance to the Flag of the Clerk of the House. United States of America, and to the Repub- f f lic for which it stands, one nation under God, RECESS indivisible, with liberty and justice for all. ANNOUNCEMENT BY THE SPEAKER The SPEAKER pro tempore. Pursu- f PRO TEMPORE ant to clause 12(a) of rule I, the Chair The SPEAKER pro tempore. Pursu- HIGH PRICE OF CRUDE OIL declares the House in recess until 2 ant to clause 8 of rule XX, the Chair p.m. today. (Mr. POE asked and was given per- will postpone further proceedings Accordingly (at 12 o’clock and 32 mission to address the House for 1 today on motions to suspend the rules minutes p.m.), the House stood in re- minute.) on which a recorded vote or the yeas cess until 2 p.m. Mr. POE. Mr. Speaker, crude oil and nays are ordered, or on which the f prices went to a record high of $93 a vote is objected to under clause 6 of barrel today. No doubt Americans will rule XX. b 1400 feel it at the gas pump. There are nu- Record votes on postponed questions merous reasons for the increase: Main- will be taken after 6:30 p.m. today. AFTER RECESS ly, oil producing countries are unsta- f The recess having expired, the House ble. Mexico has cut oil production 20 ANTHONY DEJUAN BOATWRIGHT was called to order by the Speaker pro percent because of bad weather in the ACT tempore (Mr. HILL) at 2 p.m. Gulf of Mexico. Africa’s largest ex- f porter of oil to the United States, Nige- Mr. BARROW. Mr. Speaker, I move ria, has had incidents where pirates to suspend the rules and pass the bill PRAYER have kidnapped workers from offshore (H.R. 1473) to amend the Child Care and The Chaplain, the Reverend Daniel P. drilling rigs. Development Block Grant Act of 1990 Coughlin, offered the following prayer: The Middle East is still a tinder box to require child care providers to pro- ‘‘When faith came to be in writings of uncertainty with Iran’s nuclear de- vide to parents information regarding rather than in hearts, contention grew velopment, Turkey fighting the Kurd- whether such providers carry current hot and love grew cold. That which is ish rebels, and, of course, the problems liability insurance, as amended. forced cannot be sincere and that that persist in Iraq and Syria. All of The Clerk read the title of the bill. The text of the bill is as follows: which is not voluntary cannot please this affects the disruption of oil ex- the Lord.’’ These words of the medieval ports. This, plus a weak dollar, means H.R. 1473 humanist, Erasmus, give us pause, that crude oil prices will grow even Be it enacted by the Senate and House of Rep- resentatives of the United States of America in Lord, as this Congress faces today’s higher. Congress assembled, problems. Until the United States develops a SECTION 1. SHORT TITLE. True faith is such a tender gift by safe energy policy that allows com- This Act may be cited as the ‘‘Anthony which You massage the human heart. plete offshore drilling for crude oil and DeJuan Boatwright Act’’.

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.

VerDate Mar 15 2010 12:43 Aug 20, 2010 Jkt 059102 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\BR07\H29OC7.000 H29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 29, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 28545 SEC. 2. AMENDMENTS. millions of mothers all over the coun- by requiring financial responsibility Section 658e(c)(2) of the Child Care and De- try do every day: She placed her child disclosure for licensed day care facili- velopment Block Grant Act of 1990 (42 U.S.C. in day care so that she could work to ties in the rest of the country. 9858c(c)(2)) is amended— (1) in subparagraph (E)(i) by adding at the improve her life and that of her child. In 2005, there were literally millions end the following: ‘‘The State shall include She was a sophisticated consumer. She of kids in this country receiving day as part of its regulatory process for issuance had done her homework and she care in facilities that are governed by and renewal of licenses to providers of child shopped around and found a day care the Child Care and Development Block care services, a recommendation to each pro- center. It was licensed by the State; it Grant Act. Only a fraction of these vider that it carry current liability insur- was clean and it complied with all kids live in the 4 States that have now ance covering the operation of its child care sorts of Federal regulations under the stepped forward to enact financial re- business.’’, and Child Care Development Block Grant sponsibility disclosure laws. That (2) in subparagraph (F)— (A) in clause (ii) by striking ‘‘and’’ at the Act governing such things as the pre- means that millions of kids still go to end, vention and control of infectious dis- licensed day care facilities all around (B) in clause (iii) by striking the period at eases, building safety, premises access, the country today whose parents have the end and inserting a semicolon, and mental health and safety training no idea that their day care centers can (C) by inserting after clause (iii) the fol- for staff. harm their child and accept none of the lowing: But there was 1 thing that Jackie financial consequences of doing so. ‘‘(iv) a requirement that each licensed Boatwright did not know: That these This bill will give the parents of child care provider— folks could take her money, they could these millions of children the same in- ‘‘(I) post publicly and conspicuously in the formation that parents are entitled to service area of its premises a notice speci- take her child, they could harm her fying whether or not such provider carries child, and they would not be finan- as a matter of law in the States of current liability insurance covering the op- cially responsible for any of the harm Georgia, California, Virginia, and New eration of its child care business; that they could do. That is because Hampshire. These parents have just as ‘‘(II) provide to parents of children to they had no liability insurance and much need to know about the financial whom it provides child care services a writ- there was no law, State or Federal, responsibility of the folks they give ten notice stating whether or not such pro- that required them to tell her that. their kids to, and this bill will give vider carries current liability insurance cov- Mr. Speaker, sure enough, that is them the same information. ering the operation of its child care business, what happened. They ignored little This bill does not require any day including the amount of any such coverage; ‘‘(III) obtain the signature of at least 1 par- Juan long enough for him to find a care facilities to go out and get liabil- ent of each such child on such written notice bucket of water. Like every child that ity insurance. It merely requires li- acknowledging that such parent has received age, he had just enough strength to censed day care centers to tell parents such notice; and pull himself up and to look over inside whether or not they have insurance, ‘‘(IV) maintain such notice (or a copy of and to fall inside, head first, but not and, if so, how much. That is all. It such notice) as signed by such parents (or a enough upper body strength to push or then leaves it up to the parents to do copy of the signed notice) in such provider’s pull himself back up. It was a death what Jackie Boatwright would have records during the period in which the child trap, and little Juan fell into it. Well, done if only she had had this informa- receives such services.’’, and (D) in the last sentence by inserting Juan survived, but his life and that of tion, and that is to decide for them- ‘‘clauses (i), (ii), or (iii) of’’ after ‘‘Nothing his family have been ruined and selves whether or not to leave their in’’. changed forever. child with someone who wants to ac- SEC. 3. EFFECTIVE DATE. This bill would have prevented all of cept the responsibility for caring for This Act and the amendments made by this from happening. It would not have your child, wants to take your money this Act shall take effect on October 1 of the done it by creating a whole new bu- for doing so, but is unwilling and un- 1st fiscal year that begins more than 1 year reaucracy of day care inspectors to able to accept any of the financial con- after the date of the enactment of this Act. watch the watchers. It would have done sequences for failing to fulfill this re- The SPEAKER pro tempore. Pursu- it in the least expensive and most effi- sponsibility. ant to the rule, the gentlemen from cient way possible, by simply requiring Indirectly, Mr. Speaker, this bill ac- Georgia (Mr. BARROW) and the gen- the day care center to tell Jackie tually does more than that. By giving tleman from Tennessee (Mr. DAVID Boatwright what they knew but did not parents the information that they have DAVIS) each will control 20 minutes. tell her, that they were willing to ac- a right to know, it places a powerful The Chair recognizes the gentleman cept the moral responsibility of taking economic incentive on all day care cen- from Georgia. care of her baby, but they were going ters to do what all of the responsible GENERAL LEAVE to accept none of the financial respon- day care centers are already doing, and Mr. BARROW. Mr. Speaker, I request sibility for failing to do so. that is to assume the financial respon- 5 legislative days during which Mem- That would have prevented this from sibility and to incorporate the costs of bers may revise and extend their re- happening, because that is all it would that into the cost of doing business marks and insert material relevant to have taken to prevent this tragedy that goes along with the moral respon- H.R. 1473, as amended, into the RECORD. from happening. Because if Jackie had The SPEAKER pro tempore. Is there sibility to take care of the children in objection to the request of the gen- known that, she would have done what their care. Anyone who wants to do tleman from Georgia? any other parent would do: She would business without doing that will be at There was no objection. have taken her business someplace a competitive disadvantage compared Mr. BARROW. Mr. Speaker, I yield else, someplace where they accept to those who do. myself such time as I may consume. some degree of financial responsibility This approach gives the invisible Mr. Speaker, back home in Augusta, for the consequences of their neg- hand of self-interest the opportunity to Georgia, there’s a little 71⁄2-year-old ligence and incorporate the cost in the do some good in the marketplace; the boy named Anthony DeJuan Boat- cost of doing business, just like every interests of day care centers to do the wright, who is in a semicomatose state other financially responsible business right thing or compete at a disadvan- and hooked up to a ventilator. He does. tage compared to those who do, and the wasn’t born that way, but that is how Jackie has tried to make something interests of parents in placing their he ended up. He ended up that way be- positive out of this. She has deter- children in day care centers that are cause of an accident, negligence, real- mined to prevent this from happening ready, willing and able to do the right ly, that never would have happened if to anybody else. Thanks to her efforts, thing if and when they mess up. his mother had been given the informa- financial responsibility disclosure laws We have truth in labeling; we have tion that this bill requires. are now on the books in 4 States: Geor- truth in lending and truth in adver- Back in 2001, Juan’s mother, Jac- gia, California, Virginia and New tising. This is truth in day care. The queline Boatwright, was doing what Hampshire. This bill will close the gap States have led the way, and now it is

VerDate Mar 15 2010 12:43 Aug 20, 2010 Jkt 059102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR07\H29OC7.000 H29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28546 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 October 29, 2007 time for the Federal Government to and consistently informing parents of I urge my colleagues to support H.R. follow their lead. The families that end whether or not the child care center 1473. up being harmed because they are kept has liability insurance. In the future, Mr. DAVID DAVIS of Tennessee. Mr. in the dark deserve no less. we must ensure that Federal policy Speaker, I yield back the balance of Mr. Speaker, I reserve the balance of continues to provide States maximum my time. my time. flexibility in developing child care pro- Mr. BARROW. Mr. Speaker, I yield Mr. DAVID DAVIS of Tennessee. Mr. grams and policies as well as parental back the balance of my time. Speaker, I yield myself such time as I choice so the parents are able to decide The SPEAKER pro tempore. The may consume. the best-suited care for their children. question is on the motion offered by Mr. Speaker, I rise today in support I thank Representative BARROW for in- the gentleman from Georgia (Mr. BAR- of H.R. 1473, to amend the Child Care troducing this bill, and ask my col- ROW) that the House suspend the rules and Development Block Grant Act of leagues to support the bill. and pass the bill, H.R. 1473, as amend- 1990 to require child care providers to Mr. Speaker, I reserve the balance of ed. provide to parents information regard- my time. The question was taken; and (two- ing whether such providers carry cur- Mr. BARROW. Mr. Speaker, I thank thirds being in the affirmative) the rent liability insurance. the gentleman from Tennessee for his rules were suspended and the bill, as Working parents depend on child care remarks in support of the bill, and I amended, was passed. so they can earn an income needed to yield such time as he may consume to A motion to reconsider was laid on support their families, as well as en- the gentleman from Texas (Mr. the table. sure that their children are well cared HINOJOSA). f for in a safe environment while they Mr. HINOJOSA. Mr. Speaker, I rise EXPRESSING SUPPORT FOR DES- are working. As such, child care is an in support of H.R. 1473, the Anthony IGNATION OF OCTOBER 2007 AS integral part of the daily routine of DeJuan Boatwright Act. It is named in ‘‘COUNTRY MUSIC MONTH’’ millions of American families with honor of Anthony DeJuan Boatwright Mr. HINOJOSA. Mr. Speaker, I move young children. Research clearly shows who suffered a terrible tragedy at a li- to suspend the rules and pass the joint us that the quality of child care has a censed child care facility in Georgia. lasting impact on a child’s well-being In the wake of her son’s accident, An- resolution (H.J. Res. 58) expressing sup- and ability to learn. thony’s mother, Jackie, has become a port for designation of the month of October 2007 as ‘‘Country Music Children in poor quality child care child care advocate who has worked Month’’ and to honor country music for have been found to be delayed in lan- tirelessly to help provide better infor- its long history of supporting Amer- guage and reading skills and display mation to parents navigating the child ica’s armed forces and its tremendous more aggression toward other children care system. and adults. School-age children’s aca- This important legislation is mod- impact on national patriotism. The Clerk read the title of the joint demic performance is enhanced by at- eled after laws in the States of Georgia resolution. tending formal child care programs of and Virginia. H.R. 1473 amends the at least adequate quality, according to The text of the joint resolution is as Child Care and Development Block follows: several studies. Grant Program in order to help parents H. J. RES. 58 The bill before us today does not re- receive more information about poten- authorize the Child Care and Develop- tial child care providers. The Child Whereas from the farms, ranches, and back roads of America comes a sound that is ment Block Grant. Rather, it amends Care and Development Block Grant is a current law to do several things. Most uniquely American; one that is about life very important Federal program pro- importantly, it requires each provider and how that life should be lived; viding almost $5 billion to States to to openly post whether or not they Whereas country music is a story of fam- help low-income families afford child ily, faith, freedom, hard work, opportunity, have current liability insurance cov- care. pride, and patriotism; ering the operation of the child care Almost 2 million children receive Whereas country music embodies the spirit business, and it requires each provider child care subsidies through this child of America and the genuine feelings individ- to supply parents with a written notice care program, and it has enabled mil- uals experience throughout their lives such stating whether or not the provider as joy and laughter, but also of sorrow and lions of families to enter or remain in carries liability insurance, including heartache; the workforce. H.R. 1473 strengthens the amount of such coverage. Whereas country music has played an inte- This legislation does not supersede the Child Care and Development Block gral part in encouraging Americans to sup- any State regulations regarding facil- Grant by adding a safety standard. port its armed forces and their role in pro- ity licensure or insurance require- H.R. 1473 requires licensed child care tecting American ideals, mainly during providers to give written notice to par- times of national conflict, through numerous ments. We as the Federal Government popular patriotic songs; are simply asking providers to inform ents about whether or not they have li- ability insurance and requires child Whereas the lyrics in these patriotic songs parents whether or not they hold li- invoke sacrifice, responsibility, determina- ability insurance. While we have not care providers to post publicly whether tion, freedom and liberty that were present utilized the normal process of com- or not they have liability insurance. during the nation’s founding; mittee consideration through hearings H.R. 1473 also requires States to rec- Whereas the lyrics in these patriotic songs and markup of this legislation, we do ommend to licensed child care pro- talk about a calling to serve a higher duty, support the purpose of this legislation viders that they carry liability insur- to come together with fellow citizens to de- fend and protect the freedoms we enjoy in providing notification of insurance ance. Child care quality can influence today given to us from those of past genera- to parents. I hope to see the Child Care tions who paid the ultimate sacrifice; and Development Block Grant come whether a child arrives at kindergarten ready to succeed. Providing parents Whereas country music songs seek to edu- before this committee for reauthoriza- cate about America’s history and teach lis- tion during the 110th session of Con- with additional information about the teners to learn from past lessons, to instill gress. As we move forward reauthor- child care providers in their commu- character and good citizenship; izing this program, we must consider nities will help parents make the right Whereas country music has millions of policy that makes way for learning en- choice for their children and for their fans in cities and towns all across the United vironments to exist where children can families. States from all ages and walks of life; and Whereas the Country Music Association obtain the cognitive skills or other I would like to thank my friend and colleague the gentleman from Georgia celebrated its first National Country Music skills needed for them to succeed so- Month in 1964 and the month of October 2007 cially and academically. (Mr. BARROW) for bringing this legisla- tion forward. In moving this bill for- marks the 43rd annual observance of Country b 1415 Music Month: Now, therefore, be it ward, we can help other families avoid Resolved by the Senate and House of Rep- Federalizing child care is not the the terrible loss suffered by Anthony resentatives of the United States of America in purpose of this bill, but rather properly DeJuan Boatwright’s family. Congress assembled, That Congress—

VerDate Mar 15 2010 12:43 Aug 20, 2010 Jkt 059102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\BR07\H29OC7.000 H29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 29, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 28547 (1) supports the designation of a ‘‘Country Forces and its tremendous impact on Mr. POE. Mr. Speaker, I thank the Music Month’’; national patriotism. gentleman from Tennessee for yielding (2) honors country music for its long his- Country music is a blend of popular me this time, and I am delighted the tory of supporting America’s armed forces musical forms originally found in the member from Tennessee, the country and its tremendous impact on national patri- southern region of the United States. I otism; and music capital, is a cosponsor of this (3) requests and authorizes the President am proud to represent the birthplace of bill. to issue a proclamation calling upon the peo- country music, Bristol, Tennessee. I also thank the majority and Mr. ple of the United States to observe such with Country music has roots in traditional HINOJOSA for quickly getting this appropriate ceremonies and activities. folk music, Celtic music, blues, gospel House resolution to the floor. I know The SPEAKER pro tempore. Pursu- music, and old-time music and evolved there was some difficulty in doing it ant to the rule, the gentleman from rapidly in the 1920s. because of the timetable, but I appre- Its sound and style has changed dra- Texas (Mr. HINOJOSA) and the gen- ciate it. matically over the years. In the early tleman from Tennessee (Mr. DAVID Mr. Speaker, country music is defi- years, country music was more of the DAVIS) each will control 20 minutes. nitely a sound that is uniquely Amer- honky-tonk sound from the likes of Er- The Chair recognizes the gentleman ican because it speaks to the heart and nest Tubbs and Hank Williams. In the from Texas. soul of everyday Americans. It is about 1930s and 1940s, another form of coun- the ups and downs of everyday life, as GENERAL LEAVE try music emerged, western country. well as the struggles individuals have Mr. HINOJOSA. Mr. Speaker, I re- These songs romanticized the life of in this country, and the struggles our quest 5 legislative days during which the lonely, but heroic cowboy on the Nation confronts as a country. They Members may insert material relevant western frontier. Some of those famous are exemplified gloriously through the to H.J. Res. 58 into the RECORD. for this western style were Gene Autry, gifted songwriting of our country The SPEAKER pro tempore. Is there America’s singing cowboy, and Roy music artists. objection to the request of the gen- Rogers, who later teamed with wife At no time is this more true than tleman from Texas? Dale Evans to become the famous duo when songs are written during trying There was no objection. of the genre. times for our country and for the un- Mr. HINOJOSA. Mr. Speaker, I yield Country music morphed once again wavering support of our men and myself such time as I may consume. in the early 1950s with a sound that be- women who wear the uniform who are Mr. Speaker, I rise today to support came known as rockabilly, a combina- willing to fight and even die, if nec- the designation of October 2007 as tion of rock and roll and hillbilly essary, for this Nation. ‘‘Country Music Month’’ and to cele- music. This sound was made popular by Toby Keith sang in ‘‘America Sol- brate the long heritage of patriotism in many performers who developed stay- dier’’ about our troops. He said, ‘‘Up country music. ing power in the country music indus- and at ’em bright and early, I’m all The Country Music Association cele- try. They include the Everly Brothers, business in my suit. I’m dressed for brated its first National Country Music Jerry Lee Lewis, and, of course, the success from my head down to my Month in 1964, and October 2007 marks king himself, Elvis Presley. boots. I don’t do it for the glory, I just its 43rd annual observance. I would like By the 1960s, country music found its do it anyway, providing our future’s to thank my fellow Texan, Congress- home in Nashville, Tennessee. The my responsibility. I will always do my man TED POE, for bringing this bill for- Nashville sound was born. This was duty. No matter what the price. If ward today. most definitely the sound of country, dying’s asked of me, I’ll bear that cross The themes invoked in country but the sixties saw more steel guitars with an honor, ’cause freedom don’t music resonate with important Amer- and drums in the Nashville sound. This era of country music was the beginning come free.’’ ican values such as responsibility, de- Through songs like Darrel Worley’s termination and hard work. Country of the age of contemporary country music which ushered in today’s most ‘‘Have You Forgotten,’’ and Lee Green- songs foster an appreciation of the wood’s ‘‘God Bless the U.S.A.,’’ Alan many important sacrifices made by our popular artists, Kenny Rogers, Dolly Parton, Garth Brooks, and Reba Jackson’s ‘‘Where Were You (When the men and women serving in the Armed World Stopped Turning),’’ Aaron Forces. Songs like ‘‘Only in America’’ McEntire. Today, country music is at its high- Tippin’s ‘‘Where the Stars and Stripes by Brooks and Dunn and ‘‘Where the and the Eagle Fly,’’ Brooks and Dunn’s Stars and Stripes and the Eagle Fly’’ est peak of popularity. As of 2007, coun- try is the most popular radio format in ‘‘Only in America,’’ and Charlie Dan- by Aaron Tippen encourage patriotism iels’ ‘‘This Ain’t No Rag, It’s a Flag,’’ and the pursuit of the American America, reaching 77.3 million adults, almost 40 percent of the adult popu- and Chely Wright’s ‘‘Bumper of my Dream. SUV,’’ the thoughts and emotions of In addition to powerful patriotic lation, every week. everyday Americans rings out all lyrics, the country music industry has Country music is a story of family, faith, freedom, pride and patriotism. It across America through country music. also directly supported the cause of our embodies the American spirit and has Armed Forces. Portions of the proceeds b 1430 played an integral part in encouraging from some patriotic compilations have Americans to support our Armed These musicians and their patriotic gone to support the USO’s active duty Forces. These songs invoke feelings of radio stations that air their songs of troops and families of fallen soldiers. determination, liberty and responsi- support for the military are to be com- Mr. Speaker, I express my support for bility, all of which this great country mended for being on the front lines of Country Music Month and congratulate was founded upon. encouragement to our remarkable, re- the genre on its many contributions to In 1964, October was declared Country lentless troops. American society. I urge my colleagues Music Month in honor of its rich his- Like many in this House, I’ve been to to pass the resolution. tory and tremendous impact on na- Iraq; but also many of our country Mr. Speaker, I reserve the balance of tional patriotism. Country music is music singers have gone overseas to my time. America’s music, and for this reason I Iraq and every other place where Amer- Mr. DAVID DAVIS of Tennessee. Mr. urge my colleagues to support H.J. ican troops are, at their own expense to Speaker, I yield myself such time as I Res. 58. show appreciation to our American may consume. Mr. Speaker, I reserve the balance of military for their loyalty to the U.S.A. Mr. Speaker, I rise today in support my time. It’s fitting that we as a Congress of H.J. Res. 58, expressing support for Mr. HINOJOSA. Mr. Speaker, I re- take note of this and honor country the designation of the month of Octo- serve the balance of my time. music during the month of October. I ber as ‘‘Country Music Month’’ and to Mr. DAVID DAVIS of Tennessee. Mr. urge adoption of the bill. honor country music for its long his- Speaker, I yield 5 minutes to the gen- Mr. HINOJOSA. Mr. Speaker, as I tory of supporting America’s Armed tleman from Texas (Mr. POE). said earlier, country songs foster an

VerDate Mar 15 2010 12:43 Aug 20, 2010 Jkt 059102 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\BR07\H29OC7.000 H29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28548 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 October 29, 2007 appreciation of the many important Whereas the Government of North Korea toward the United Nations is a critical sacrifices made by soldiers serving in attempts to exert absolute control over the means by which the Government of North the Armed Forces. lives of North Koreans through the use of de- Korea is allowed to subject the people of I want to share with our Members of plorable systems of punishment and torture North Korea to persecution and effectively the House that tomorrow, Tuesday, I and by restricting the flow of information; imprison them within its borders; Whereas the Government of North Korea Whereas Special Envoy for Human Rights will be accompanying Sergeant Daniel engages in the systematic torture, unlawful in North Korea Jay Lefkowitz testified be- Pena from my congressional district, a detainment, and mass murder of tens of fore the House Foreign Affairs Sub- young man 28 years old serving his thousands of political prisoners, defectors, committee on Asia, the Pacific, and the third tour in Iraq. While on patrol, and refugees, employing the world’s most Global Environment on March 1, 2007, that their Humvee stepped on a land mine brutal concentration camp system; ‘‘the fact that the Government of China is that exploded. One of his colleagues Whereas the lack of freedom, government not honoring its international commitments, riding in that Humvee was killed, and persecution, and policies of selective starva- is not providing genuine access as it is re- he lost his right arm and his right leg. tion have driven hundreds of thousands of quired to the U.N. High Commissioner on North Koreans to northeast China, fleeing Human Rights, I think is really the single He came back to the United States for their lives from prison camps or political most significant issue we have outside of the where he has stayed in Walter Reed the persecution; North Korean Government’s own emigration last 2 months and received an artificial Whereas the Government of the People’s policies that is a barrier now to the free arm and leg and has now been released Republic of China forcibly repatriates North movement of people in that region’’; by Walter Reed Hospital. I’m going to Korean refugees and imprisons foreign aid Whereas the International Parliamentar- accompany him and his father and workers who try to assist North Korean refu- ians Coalition for North Korean Refugees’ mother to Weslaco, Texas, where he is gees inside China; Human Rights, a coalition of parliamentar- going to receive a hero’s welcome. Whereas to encourage these repatriation ians from across the globe, met in Seoul, I’m pleased to tell you that I re- efforts, Chinese central government authori- South Korea, on August 29, 2007, and called ties assign local public security bureaus in on the international community to increase quested that country songs like ‘‘Only northeastern China a target number of North its efforts to protect North Korean refugees; in America’’ by Brooks and Dunn and Koreans that they must detain in order to and ‘‘Where the Stars and Stripes and the receive favorable work evaluations; Whereas the Korean-American community, Eagle Fly’’ by Aaron Tippin be played Whereas the refugees returned to North acting through various religious and civic as part of the patriotic music that Korea by the Government of the People’s Re- organizations, including the ‘‘Let My People we’re going to have at that celebration public of China face imprisonment, brutal Go Campaign’’, has worked to bring aware- of a hero’s welcome. persecution, or execution; ness to the plight of the hundreds of thou- With that, Mr. Speaker, I reserve the Whereas up to 90 percent of North Korean sands North Korean refugees living in China: women refugees fall prey to traffickers in Now, therefore, be it balance of my time. China who sell the refugees into sexual slav- Resolved by the House of Representatives (the Mr. DAVID DAVIS of Tennessee. Mr. ery; Senate concurring), That Congress— Speaker, I yield back my time. Whereas the United Nations Convention re- (1) strongly encourages the Government of Mr. HINOJOSA. Mr. Speaker, we lating to the Status of Refugees, done at Ge- the People’s Republic of China to honor its have no other speakers on this resolu- neva on July 28, 1951 (189 UNTS 150), as modi- obligations under the United Nations Con- tion, and I yield back my time. fied by the Protocol relating to the Status of vention relating to the Status of Refugees, The SPEAKER pro tempore. The Refugees, done at New York on January 31, done at Geneva on July 28, 1951 (189 UNTS question is on the motion offered by 1967 (606 UNTS 267), defines a refugee as a 150), as modified by the Protocol relating to the gentleman from Texas (Mr. person who, ‘‘owing to well-founded fear of the Status of Refugees, done at New York on being persecuted for reasons of race, reli- January 31, 1967 (606 UNTS 267), by— HINOJOSA) that the House suspend the gion, nationality, membership of a par- (A) halting the forced repatriation of rules and pass the joint resolution, H.J. ticular social group or political opinion, is North Koreans who face a well-founded fear Res. 58. outside the country of his nationality and is of persecution if they are returned to North The question was taken. unable or, owing to such fear, is unwilling to Korea; The SPEAKER pro tempore. In the avail himself of the protection of that coun- (B) making genuine efforts to identify and opinion of the Chair, two-thirds being try’’; protect the refugees among the North Ko- in the affirmative, the ayes have it. Whereas the Government of the People’s rean migrants encountered by Chinese au- Mr. DAVID DAVIS of Tennessee. Mr. Republic of China violates its obligations thorities, including providing refugees with a Speaker, on that I demand the yeas under the United Nations Convention relat- reasonable opportunity to request asylum; and nays. ing to the Status of Refugees and the Pro- and The yeas and nays were ordered. tocol relating to the Status of Refugees by (C) granting the United Nations High Com- missioner for Refugees unfettered access to The SPEAKER pro tempore. Pursu- impeding access to the United Nations High Commissioner for Refugees (UNHCR) and such refugees to determine their status and ant to clause 8 of rule XX and the continually classifying North Korean refu- the degree of assistance to which they are Chair’s prior announcement, further gees as ‘‘economic migrants’’, denying them entitled; and proceedings on this motion will be asylum and forcibly returning them to North (2) recognizes the efforts of the Korean- postponed. Korea without the review to which they are American community for bringing attention f entitled; to the plight of North Korean refugees. Whereas the UNHCR fails to robustly press The SPEAKER pro tempore. Pursu- CALLING ON CHINA TO RESPECT the Government of the People’s Republic of ant to the rule, the gentleman from THE HUMAN RIGHTS OF REFU- China to grant the UNHCR access to North Tennessee (Mr. TANNER) and the gen- GEES FROM NORTH KOREA Korean refugees and has failed in initiate a tlewoman from Florida (Ms. ROS- binding arbitration proceeding against the Mr. TANNER. Mr. Speaker, I move to LEHTINEN) each will control 20 minutes. Government of the People’s Republic of The Chair recognizes the gentleman suspend the rules and agree to the con- China pursuant to the terms of Article XIV current resolution (H. Con. Res. 234) of the Agreement on Upgrading of the from Tennessee. calling on the Government of the Peo- UNHCR Mission in the People’s Republic of GENERAL LEAVE ple’s Republic of China to respect the China to the UNHCR Branch Office in the Mr. TANNER. Mr. Speaker, I ask human rights of refugees from North People’s Republic of China, done at Geneva unanimous consent that all Members Korea. on December 1, 1995, governing refugee ac- may have 5 legislative days to revise The Clerk read the title of the con- cess and the refugee designation process; and extend their remarks and include current resolution. Whereas the UNHCR’s failure to bring such extraneous material on the resolution The text of the concurrent resolution an arbitration proceeding was determined by under consideration. the United States Congress in the North Ko- is as follows: rean Human Rights Act of 2004 (Public Law The SPEAKER pro tempore. Is there H. CON. RES. 234 108–333; 22 U.S.C. 7801 et seq.) to constitute a objection to the request of the gen- Whereas the Government of North Korea is ‘‘a significant abdication by the UNHCR of tleman from Tennessee? a dictatorial regime that commits gross one of its core responsibilities’’; There was no objection. human rights violations against the North Whereas the failure of the People’s Repub- Mr. TANNER. Mr. Speaker, I yield Korean people; lic of China to abide by its treaty obligations myself as much time as I may consume

VerDate Mar 15 2010 12:43 Aug 20, 2010 Jkt 059102 PO 00000 Frm 00005 Fmt 0688 Sfmt 0634 E:\BR07\H29OC7.000 H29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 29, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 28549 in speaking on behalf and in support of lights emanating from the lively, modern cities Mr. Speaker, the Congressional Gold this resolution. that dot the rest of North East Asia. Medal ceremony that was held for His I would first like to thank our col- This dramatic image is stark evidence of Holiness the Dalai Lama earlier this league, the ranking member of the North Korea’s backwards, underdeveloped month served to remind us all once Subcommittee on Terrorism, Non- economy, which cannot supply even the most again that the Chinese leadership has a proliferation and Trade, ED ROYCE of basic utilities. long way to go before it becomes a re- California, for introducing this resolu- But it is also a cold reminder of the horrific sponsible stakeholder in the inter- tion. conditions that the North Korean people, who national community. North Korea is quite literally, as we live under the cover of this darkness, must en- Nowhere is this more apparent than know from satellite images, one of the dure. in the callous disregard of Beijing of its darkest places on Earth. One can see It is well known that the North Korean re- international treaty obligations with that when these images are taken from gime regularly uses imprisonment, forced regard to refugees, both North Korean space at night. It has an under- labor, torture, and execution to intimidate the and Tibetan. developed economy which cannot sup- people of North Korea into submission. The international press has reported ply even the most basic utilities. Peo- It is no wonder that so many North Koreans incidents of Chinese border guards ple there live under this darkness. attempt to flee their country. Each year, thou- shooting and killing both North Ko- It’s well-known that the North Ko- sands and thousands cross the border into rean and Tibetan refugees as they rean regime regularly uses imprison- Northeastern China. sought to flee China. These reprehen- ment, forced labor, torture and execu- Some are driven by starvation or desperate sible acts must stop at once. tion to intimidate the people into sub- poverty. Some flee because they fear perse- Earlier this month, Beijing dem- mission. Therefore, many try to flee cution for their thoughts, beliefs, or simply be- onstrated once again its continued con- their country each year, thousands cause a member of the regime has arbitrarily tempt for the international refugee crossing into northeastern China. labeled them a risk. conventions. Chinese police entered the Some are driven by starvation or des- Pyongyang knows that given the choice South Korean international school in perate poverty. Some flee because they most North Koreans would leave, and so the Beijing to drag North Korean refugees fear persecution for their thoughts and regime clamps down ruthlessly to try and stop from their hiding places. North Korean beliefs. the flow, making an already dangerous trek refugees had sought sanctuary there. In the process, the Chinese police I would say that given this situation even more perilous. roughed up South Korean diplomats most North Koreans, given the choice, Yet, the sad fact is that those who success- who were sent by their government to would leave. So the regime clamps fully brave the hazards of the border crossing assist these refugees. down ruthlessly to stop this flow of ref- face further human rights abuses by the gov- I call on Beijing to act in accordance ugees. ernment of the People’s Republic of China on with the international refugee conven- Yet, the sad fact is that those who the other side. tions that it has signed and to end the successfully make it may face further Beijing is fearful of attracting too many refu- disrespect that it has shown toward the human rights abuses by the Govern- gees, and so it brutally tries to create dis- diplomats of a major ally of the United ment of the People’s Republic of China. incentives for North Korean refugees. States. Beijing is fearful of attracting too The government imprisons North Koreans This resolution, put forward by my many refugees. So it tries to who cross into China, subjecting them to ter- good friend, ED ROYCE of California, is disincentivize the North Koreans. rible conditions and abuse, only to repatriate particularly timely and essential with The government sometimes impris- them to North Korea, where they face likely the approach of the 2008 Olympic ons these people who cross into China; torture or execution. Games in Beijing. Olympic hosts and in an attempt to avoid its respon- In an attempt to avoid its responsibilities should not include oppressors of refu- sibilities under the United Nations under the United Nations Conventions and gees. Conventions and Protocols that govern Protocols that govern the status of refugees, The forced repatriation of North Ko- the status of refugees, to which the to which the PRC is a signatory, China falsely rean refugees is both irresponsible and PRC is a signatory, China falsely labels labels North Korean refugees ‘‘economic mi- immoral. If ever there was a refugee North Korean refugees as economic mi- grants.’’ population who faced the immediate grants. Using this cynical excuse Beijing stubbornly threat of persecution upon return to This cynical excuse Beijing uses to refuses to provide for the legitimate needs of their homeland, it is the tens of thou- thwart the legitimate needs of these these refugees and will not allow the U.N. sands of North Korean refugees now refugees will not allow the U.N. High High Commissioner of Refugees access to hiding in China. Commissioner of Refugees access to Northeastern China to assess the welfare of The office of the U.N. High Commis- northeastern China to assess the wel- North Koreans there. sioner for Refugees, UNHCR, must also fare of the North Koreans who are The disturbing truth is that there are those do a much better job in holding Beijing there. in China who go to great lengths to attract accountable for its reckless disregard The disturbing truth is that those in North Korean refugees, through sex and labor of its obligations. If Beijing does not China go to great lengths to attract trafficking. begin to address this urgent issue in a North Korean refugees through sex and H. Con. Res. 234 calls on Beijing to stop responsible way, then there should be labor trafficking. this awful charade, and live up to its moral dire consequences. H. Con. Res. 234 calls on Beijing to and legal obligations. It demands that China Television viewers around the world stop this awful charade and live up to stop repatriating North Korean refugees, that it next summer could possibly see on its moral and legal obligations. It fur- honor the United Nations Conventions that their screens the scene of a North Ko- ther demands that China stop repa- govern the status of refugees, and that it pro- rean woman with her baby seeking safe triating North Korean refugees; that it vide unfettered access to the U.N. High Com- haven in an athletes’ dormitory at the honor the United Nations Conventions missioner on Refugees so that these people Olympic village as Chinese police ruth- and honor the status of refugees; and who have suffered so terribly can finally re- lessly pursue her. that it provide unfettered access to the ceive the protection and fair treatment they so This resolution, therefore, Mr. U.N. High Commissioner on this sub- richly need and deserve. Speaker, is of vital importance for the ject. I strongly support this resolution and en- reaffirmation of our commitment to Mr. Speaker, I support this resolu- courage my colleagues to do the same. the protection of refugees and, most tion. Mr. Speaker, I reserve the balance of importantly, for the North Korean ref- North Korea is quite literally one of the dark- my time. ugees themselves. est places on Earth. Satellite images show us Ms. ROS-LEHTINEN. Mr. Speaker, I I rise in strong support of Mr. that North Korea at night is covered in an yield myself such time as I may con- ROYCE’s resolution, and I urge my col- eerie black, in sharp contrast to the bright sume. leagues to do the same.

VerDate Mar 15 2010 12:43 Aug 20, 2010 Jkt 059102 PO 00000 Frm 00006 Fmt 0688 Sfmt 0634 E:\BR07\H29OC7.000 H29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28550 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 October 29, 2007 With that, Mr. Speaker, I yield such tively a death sentence. Some are shot tocol, and to honor that by halting the time as he may consume to the author on the spot. Some go to these con- forced repatriation of these refugees, and the sponsor of this resolution, Mr. centration camps or work camps. Many terminating the practice of automati- ROYCE of California. of them live out their lives in these cally classifying all North Korean bor- Mr. ROYCE. Mr. Speaker, I want to concentration camps. der crossers as illegal economic mi- thank the gentlelady for yielding, and b 1445 grants and granting the U.N. High I want to take a moment and thank Commissioner for Refugees unfettered Chairman JOHN TANNER, as well as of The Government of North Korea access to get into these areas to see course Ranking Member ILEANA ROS- deems leaving their country a crime, in these refugees. LEHTINEN and Chairman LANTOS for some cases a capital offense. If not China is signed up to respect refu- their support in bringing this bill to that, the expense is the gulag. gees. It is past time for them to live up the floor of the House of Representa- China’s mistreatment of these refu- to the protocols they have signed to do tives. gees is not new but has really intensi- this. The human rights situation in I would also like to thank Congress- fied, according to the State Depart- North Korea is a nightmare. These woman DIANE WATSON. She is the co- ment, in the last couple of years. Dur- human rights abuses are worthy of this author of this resolution, and in Au- ing 2006, several thousand North Kore- House’s attention, because North Kore- gust Congresswoman WATSON and my- ans were forcibly detained and forcibly ans are suffering. Two million were self traveled to South Korea as Chair returned to North Korea, the State De- killed at the hands of this regime over and vice-Chair of the U.S.-Republic of partment reports. this last decade. They also tell us Korea Interparliamentary Exchange. As part of its stepped-up campaign of something about the regime we are ex- We also had an opportunity to go to repatriation, Chinese authorities re- pecting to carry out commitments North Korea at that time. In Seoul, portedly also have established new de- under the Six-Party Talks on North South Korea, we held a day-long dis- tention centers along the border with Korea’s nuclear weapons program. It cussion with our counterparts in the North Korea to accommodate greater tells you something about this regime. National Assembly there in South numbers of North Korean prisoners I will quote Andrei Sakharov, the So- Korea and took part in a forum of par- prior to the repatriation. The Congres- viet dissident who once said, ‘‘A coun- liamentarians from across the globe. sional-Executive Commission on China, try that does not respect the rights of We had parliamentarians there from on which I serve, recently released its its own people will not respect the seven different countries to discuss the annual report finding that during the rights of its neighbors.’’ Teeing off that plight of North Korean refugees, and past 1 or 2 years the Chinese Govern- quote, Jay Lefkowitz, the State De- this resolution is a product of those ment has intensified its efforts to forc- partment’s Special Envoy for Human discussions and what we learned from ibly repatriate North Korean refugees, Rights in North Korea, wrote in The the defectors that we talked to, and we in part as security preparation for the Wall Street Journal last year, ‘‘North listened to the defectors during these 2008 Olympic Games. Korea is a prime example of a regime hearings. These refugees deserve better. Cer- that doesn’t respect either. It wouldn’t Mr. Speaker, we’re all too familiar tainly, Kim Chun-hee did. Ms. Kim is a have surprised Sakharov that a govern- with the miserable human rights condi- North Korean woman in her 30s who ment that inflicts on its citizens re- tions in North Korea, and I would just sought refuge at a school in Beijing in pression reminiscent of the most cruel remind the Members of this body of re- December of 2005, only to be repatri- ports by the State Department and totalitarian rulers of the 20th century ated, this despite attempts by the is today counterfeiting U.S. currency, NGOs that paint a very grim picture. United States and others to raise her There is a total denial of political, trafficking in narcotics, building a nu- case to the Chinese Government to clear arsenal, and threatening other civil, and religious liberties. There is convince the Chinese Government not no dissent or criticism allowed of Kim nations.’’ to do this. To this day it is not known Jong-Il. The media is tightly con- In testimony last week before the whether she was executed or whether trolled there by the regime. House Foreign Affairs Committee, As- Severe, severe physical abuse is in- she is still alive. sistant Secretary Christopher Hill re- flicted on any citizen who violates There are thousands of similar sto- ported that he is moving the ball for- these laws and restrictions. NGOs de- ries. Those associated with humani- ward with North Korea in respect to scribe a system of concentration tarian groups who assist North Korean disabling their nuclear program. I hope camps. They say this is akin to the So- refugees in northeast China are also he is right. Part of the February agree- viet gulags, and they house somewhere targeted by Chinese officials, and this ment to do so involves a U.S. commit- up to 200,000 inmates. includes U.S. citizens. Last month, ment to move toward full diplomatic Food shortages are a regular problem American businessman Steve Kim was relations with North Korea. because the regime distributes food released from a Chinese prison after The administration insists that it based on perceived loyalty and, of serving 4 years. His supposed crime was still has a clear eye on the North Korea course, favors the ruling elite and the helping North Korean refugees who had human rights situation. However, the military. escaped their homeland and were hid- Congressional Research Service reports This dismal state has led a large ing in China hoping to make their way that Ambassador Hill increasingly has number of North Koreans, perhaps as to South Korea. linked normalization of U.S.-North Ko- many as 300,000, to cross into China. Mr. Kim, who recently spoke on Cap- rean relations solely to a satisfactory There they seek food, and they’re look- itol Hill about his experiences, re- settlement of the nuclear issue. This ing for work, and hopefully from their counted, ‘‘When I was in prison, I saw body must let it be known that rela- standpoint, they’re looking for reset- North Korean defectors who I shared tions with North Korea will be far from tlement in South Korea. It is thought the prison cell with beaten to a pulp by normal as long as North Korea con- that nearly 75 percent of these refugees prison guards.’’ Now, this is in China. tinues to treat its people as we have are women, and according to the NGOs This is before they are sent back to heard about today. that study this problem, 90 percent of North Korea. We have documented the I urge the passage of this important those women end up trafficked. kind of treatment they get when they resolution. In northeast China, North Korean are sent back. Mr. TANNER. Mr. Speaker, I yield refugees live in constant fear of being This resolution sends a strong mes- such time as he may consume to Mr. rounded up by Chinese authorities, and sage to Beijing. This practice must MORAN of Virginia. this despite the international obliga- stop. Specifically, the resolution calls Mr. MORAN of Virginia. I thank Mr. tions that China is supposed to keep. on China to honor its obligations under ROYCE for bringing up this issue. China forcibly repatriates these refu- the 1951 U.N. convention relating to Mr. Speaker, it’s terribly important, gees; and for many of them, it’s effec- the status of refugees and its 1967 pro- it’s all about man’s inhumanity to

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mankind. Here China envisions itself I thank my colleague Representative ED Whereas hundreds of State and local com- becoming a superpower in the 21st cen- ROYCE for introducing this legislation, and I munities, schools, universities, and indi- tury, hosting the world’s Olympics. join his call for China to live up to its humani- vidual citizens have mobilized and organized We, in the United States, are buying fundraisers, campaigns, and initiatives to tarian responsibilities with respect to North Ko- help end the genocide in Darfur; tens of billions of dollars of goods from rean refugees. Whereas over 600 chapters of anti-genocide China. China has the opportunity to Ms. ROS-LEHTINEN. Mr. Speaker, I high school, college and university student take its place among the nations of the have no further requests for time, and organizations have been established since world that matter, that do the right I yield back the balance of my time. 2004 to help end the genocide in Darfur; thing, that lead us into the future. Mr. TANNER. Mr. Speaker, I yield Whereas 57 United States colleges and uni- What a terrific opportunity for China back the balance of my time. versities, 20 States, ten United States cities, to show that it has a moral fiber, that The SPEAKER pro tempore (Mr. and eight international and faith-based orga- nizations have adopted divestment policies it knows right from wrong, that it is HILL). The question is on the motion from Sudan thus far; not an amoral totalitarian state. offered by the gentleman from Ten- Whereas on April 30, 2006, thousands of peo- It knows, beyond any shadow of a nessee (Mr. TANNER) that the House ple gathered at the National Mall in Wash- doubt, the horrific conditions within suspend the rules and agree to the reso- ington, D.C., to urge the United States and which the North Korean people exist lution, H. Con. Res. 234. the international community to help end the today, barely surviving. Yet, out of The question was taken; and (two- genocide in Darfur; total desperation, when they are able thirds being in the affirmative) the Whereas similar public advocacy efforts in to escape North Korea, do the Chinese rules were suspended and the concur- the United States to end mass human rights help? No. They make it worse. It’s as rent resolution was agreed to. violations, racial discrimination, and vio- though they have escaped from some lence in Africa have not been seen since the A motion to reconsider was laid on South African anti-apartheid movement; purgatory into hell where they get the table. Whereas these aforementioned efforts have beaten up by the Chinese and then sent f embraced the slogans ‘‘Never Again’’ and back to North Korea, probably to be ‘‘Not On Our Watch’’, reminiscent of the fail- executed. RECOGNIZING AND COMMENDING ure of the international community to stop This is a situation that just cries out EFFORTS TO RAISE AWARENESS the Holocaust and the genocides in Bosnia for people around the world to speak ABOUT AND HELP END THE and Rwanda; and up. I appreciate the fact that Mr. WORSENING HUMANITARIAN CRI- Whereas the United States has led the international community’s condemnation of ROYCE has given us that opportunity in SIS AND GENOCIDE IN DARFUR, SUDAN the atrocities and violence in Darfur: Now, the House of Representatives today. therefore, be it Mr. DAVIS of Virginia. Mr. Speaker, I rise in Mr. TANNER. Mr. Speaker, I move to Resolved, That the House of Representa- support of H. Con. Res. 234, which calls upon suspend the rules and agree to the reso- tives— the People’s Republic of China to abide by its lution (H. Res. 573) recognizing and (1) recognizes and commends the efforts of obligations with respect to North Korean refu- commending the efforts of the United the United States public and advocacy gees. States public and advocacy groups to groups to raise awareness about and help end the worsening humanitarian crisis and geno- Mr. Speaker, the people of North Korea suf- raise awareness about and help end the fer under one of the most oppressive regimes cide in Darfur, Sudan; worsening humanitarian crisis and (2) supports the efforts of the various local on Earth. North Koreans enjoy few freedoms. genocide in Darfur, Sudan, and for schools, communities, and faith-based, Indeed, most aspects of daily life are dictated other purposes, as amended. human rights, humanitarian, and youth-led by government mandate. This bleak existence The Clerk read the title of the resolu- advocacy organizations that have dedicated is punctuated by constant fear of the merciless tion. their time and energy to help end the geno- tactics employed by the government to com- The text of the resolution is as fol- cide in Darfur and to promote peace, defend mand subservience. To add insult to injury, lows: human rights, and improve the lives of those North Korea suffers chronic food shortages. affected in Sudan and Chad; and H. RES. 573 The food that is available is rationed out (3) urges the United States to work with Whereas the violence conducted by the its partners in the international community based on presumed loyalty to the state, not Armed Forces of Sudan, government-backed to support a negotiated settlement to the need. Janjaweed militia, and various rebel factions conflict in Darfur, while implementing a Not surprisingly, thousands, if not hundreds in Darfur, Sudan, has left nearly 2,500,000 more robust set of multilateral measures of thousands, have attempted to flee North people displaced from their homes and up to against those individuals who act as obstruc- Korea into China. I would assume almost all 400,000 civilians dead; tionists to peace in Darfur, including by North Koreans would leave if given the option. Whereas despite the signing of the Darfur launching attacks against civilians, humani- The government of Kim Jong-Il must assume Peace Agreement on May 5, 2006, violence, tarian operations, or peacekeeping forces, or this as well, because it does everything in its death, and destruction in Darfur continue by blocking the deployment of a credible Af- power to dissuade North Koreans from doing unabated, threatening the lives of thousands rican Union-United Nations hybrid peace- of civilians, humanitarian aid workers, keeping force. so. Leaving North Korea is a crime. Those United Nations officials, and African Union caught attempting to escape are beaten, im- The SPEAKER pro tempore. Pursu- international peacekeepers; ant to the rule, the gentleman from prisoned in concentration camps, or executed. Whereas on July 22, 2004, Congress declared Instead of recognizing North Koreans as po- the atrocities unfolding in Darfur as geno- Tennessee (Mr. TANNER) and the gen- litical refugees, China labels them economic cide, and on September 9, 2004, then-Sec- tlewoman from Florida (Ms. ROS- migrants. Instead of providing sanctuary, it retary of State Colin Powell, in testimony LEHTINEN) each will control 20 minutes. hunts them down and, like the North Korean before the Senate Foreign Relations Com- The Chair recognizes the gentleman government, beats and imprisons them. Fi- mittee, declared that ‘‘genocide has been from Tennessee. committed in Darfur’’, and that, ‘‘the GENERAL LEAVE nally, they are forcibly repatriated to North [G]overnment of Sudan and the Janjaweed Korea, even though this is often tantamount to bear responsibility’’; Mr. TANNER. Mr. Speaker, I ask a death sentence. Whereas on April 18, 2007, President George unanimous consent that all Members The People’s Republic of China is party to W. Bush declared at the United States Holo- may have 5 legislative days to revise the United Nations Convention Relating to the caust Museum, where the Committee on Con- and extend their remarks and include Status of Refugees and the 1967 Protocol to science has spent considerable efforts advo- extraneous material on the resolution that Convention. These are the international cating to end the genocide in Darfur, that under consideration. instruments that detail the protections for refu- the United States has a moral obligation to The SPEAKER pro tempore. Is there help end the genocide in Darfur; objection to the request of the gen- gees. Despite this, China has not allowed Whereas hundreds of United States faith- United Nations agencies access to the North based, human rights, humanitarian and tleman from Tennessee? Koreans living in China, and its aforemen- youth-led advocacy organizations have es- There was no objection. tioned treatment of North Korean refugees vio- tablished Darfur-related campaigns since the Mr. TANNER. I want to thank the lates these international agreements. United States declaration of genocide in 2004; gentleman from Virginia (Mr. MORAN)

VerDate Mar 15 2010 12:43 Aug 20, 2010 Jkt 059102 PO 00000 Frm 00008 Fmt 0688 Sfmt 0634 E:\BR07\H29OC7.000 H29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28552 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 October 29, 2007 for his efforts in this regard and to say prayer have been observed by churches, I was so moved by their sincere and a few words, so I will yield myself such synagogues and mosques across the energetic commitment to ending that time as I may consume before I recog- country. Countless fund-raisers for hu- genocide, I invited the students to Con- nize the gentleman from Virginia. manitarian relief have been conducted. gress, where they were led by Semhar The genocide in Darfur has taken a In my own district, school children Araia and Lia Parada of my staff. horrific toll on that region. Well over as young as the first grade joined in an These high school students briefed 60 percent of the villages have been de- effort to collect hundreds of toys for Members of Congress on their efforts to stroyed, 2 million people displaced, the children of Darfur, which I had the put pressure on the Government of 400,000 killed, and 200,000 driven into opportunity to deliver while I visited Sudan to stop the genocide. Having refugee camps in neighboring Chad. that war-torn region. I am extremely given their peers numerous briefings on Thanks to the work of tens of thou- proud of the contributions that these the situation in Darfur, these students sands of Americans, the genocide has children made and all the people in my took it upon themselves to ask poign- not been ignored. All over the country, community, for it helped bring some ant, pressing questions of our col- local communities have been orga- joy to the youngest victims of a mod- leagues. Their message was clear: help nizing and mobilizing with regard to ern-day genocide. us save Darfur. this issue. Advocacy efforts on the Hill have Having learned that villages have In response to the call for divestment also been extremely effective. Congres- been razed, women systematically from Sudan, 20 States have adopted di- sional offices have been inundated by raped and branded, men murdered, and vestment from Sudan policies and an- phone calls, letters and visits by indi- food and water supplies destroyed, they other 20 have it under consideration; 58 viduals committed to making a dif- are determined to make a difference, universities and colleges have adopted ference. It is due in no small part to and to continue speaking up until their policies to divest pension funds from the efforts of these groups that this government does the right thing. Sudan and another 47 are pursuing body has considered 10 separate bills Now, we hear slogans from our Presi- similar policies. and resolutions which seek to address dent like, ‘‘not on our watch,’’ and we In addition, 10 cities, eight inter- conditions in Darfur this year, includ- believe that he is sincere when he says national and religious organizations ing three that will be considered today that. But our society continues to be and eight countries have either adopt- alone. witness to a crisis as devastating as ed policies or are in the process of so I commend the efforts of those who Rwanda. Our youth can’t understand doing, while seven major international have dedicated so much of their time why it continues today, after years of corporations have ceased doing busi- and energy to raising awareness about knowing what has been going on, tens ness with the government in Sudan. the carnage that continues to unfold in of thousands have died, hundreds of While this Congress, former Sec- Darfur, and I urge my colleagues to thousands are displaced and living in retary of State Colin Powell and Presi- support this important resolution. refugee camps. More than 2 million dent Bush have described atrocities in Mr. Speaker, I reserve the balance of people have been driven from their Sudan as genocide and hold the Sudan my time. homes. overwhelmingly responsible, the inter- Mr. TANNER. Mr. Speaker, I yield as And over the last few years, we’ve national community has yet to come much time as he may consume to the seen major changes in U.S. foreign pol- together to put an end to the genocide. gentleman from Virginia (Mr. MORAN). icy with respect to the ongoing crisis I want to commend the American Mr. MORAN of Virginia. I thank my in Darfur, but a far more aggressive re- people for not giving up on this issue. friend and colleague from Tennessee sponse is still needed. The U.N. is deploying peacekeepers. (Mr. TANNER). On July 22 of 2004, Congress declared Foreign and civil society groups are Mr. Speaker, the intent of this reso- that the atrocities unfolding in Darfur also involved. lution is to recognize the outstanding constituted genocide. On September 9 Muslim pop stars from around the work of the school, community and of that year, former Secretary of State world recently came together at a faith-based advocacy groups who, Colin Powell stated that ‘‘genocide has charity concert for Darfur. The head of through their moral commitment and been committed in Darfur and that the the sponsoring organization, Islamic tireless efforts and countless hours of Government of Sudan and the Relief, said, ‘‘British Muslims must volunteer service, have helped bring janjaweed bear responsibility.’’ unite and raise their voices over the needed attention to the genocide occur- On April 18 of this year, President issue of Darfur.’’ ring in Darfur. Their efforts reflect the George Bush asserted that the United We cannot allow our voices to remain true spirit of Americans and bring hope States has a moral obligation to help silent. Therefore, I urge all of our citi- to those who are facing historic atroc- end the genocide in Darfur. But it still zens and activist organizations to con- ities halfway around the world. goes on. tinue speaking out on Darfur and to I want to particularly commend the Had it not been for the grass-roots ef- continue pressure for economic sanc- students who are fueling this nation- fort to pressure the administration and tions and real civilian protections. wide movement, urging action to stop other national governments on this hu- Mr. Speaker, I reserve the balance of genocide by educating their peers and manitarian crisis, I doubt we would see my time. holding us, their elected officials, ac- the United Nations African Union Ms. ROS-LEHTINEN. Mr. Speaker, I countable. peacekeepers in Darfur. yield myself such time as I might con- But we have got to do so much more. sume. b 1500 The mission is not complete. Just last Mr. Speaker, I rise in support of And hold us accountable they have. I month, on September 29, an estimated House Resolution 573, which commends recently met with students from an or- 1,000 members of a heavily armed the efforts of the American people and ganization whose primary goal is to Darfur rebel group overran a base in advocacy groups to confront genocide form a nationwide anti-genocide coali- Haskanita, which is occupied by the in Darfur, Sudan. As the resolution tion. This organization has more than African Union Mission. This ambush notes, there has been no other grass- 700 chapters, provides students with resulted in intense fighting that killed roots advocacy effort in the United creative and effective organizing mate- 10 peacekeepers and wounded many States aimed at addressing mass atroc- rials and policy and advocacy training. others; 50 soldiers are still missing. Ac- ities and human rights abuses in Africa Recently, in my home State of Vir- cording to U.N. estimates, in the after- that has been conducted with as much ginia, several outstanding students math of the brutal attack, 15,000 civil- vigor since the anti-apartheid move- from the New School of Virginia held a ians had to flee the area to neighboring ment of the 1980s and 1990s. 3-day conference where they educated towns or the wilderness. Mass demonstrations and protest fellow students about the genocide in The effort and resources put into re- marches have been organized. Days of Darfur. solving this conflict pale compared to

VerDate Mar 15 2010 12:43 Aug 20, 2010 Jkt 059102 PO 00000 Frm 00009 Fmt 0688 Sfmt 0634 E:\BR07\H29OC7.000 H29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 29, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 28553 what the President has requested for bating the serious issues of the day in- might consume to the gentlelady from Iraq. Clearly, there’s so much more side the classrooms. I had been hearing the District of Columbia (Ms. NORTON). that we as a Nation could be doing to and learning about the humanitarian Ms. NORTON. Mr. Speaker, I thank end this crisis. The humanitarian situ- crisis in Darfur for months from ele- the gentleman for yielding, and I ap- ation is not improving. African Union mentary school, middle school, high preciate the work of Ms. DELAURO, Mr. peacekeeping forces are limited to only school and college students, from reli- MORAN, Ms. ROS-LEHTINEN, those who 7,000 troops. As evidenced by the at- gious leaders and community groups, have brought forward a number of reso- tack on Haskanita, it is unlikely that from the Armenian American commu- lutions on Darfur. And there’s a reason, their efforts alone will ensure any real nity in Worcester, and from local I think, we’re seeing a confluence of meaningful progress. We’ve got to keep human rights and refugee advocates. new concern. pressuring the Sudanese Government When I stood with my colleague in This is not the kind of resolution one and build support for a larger peace- front of the Sudanese embassy, I was comes to the floor and says I’m proud keeping force. More Americans need to there not just to protest the genocide, to be a cosponsor. It is more in the na- speak out day in, day out, like these but to honor the broad coalition of ture, Mr. Speaker, of an emergency res- students are. We cannot continue to voices that works every day, that olution designed to make sure we don’t allow the raping, the massacreing, the works day after day, week after week go to sleep on Darfur while the geno- displacement of people to continue. and year after year to end the violence, cide continues. These students are asking us to hear the terror, the humanitarian crisis, the There are so many things that the them, to act, and to bring to bear the genocide in Darfur. Among these are world community has done, that the President has done, that NGOs have strength of the nations of the world to the Save Darfur Coalition, STAND, done; and, yet, here we are with the address this conflict. ENOUGH, and the Genocide Interven- That’s why I urge my colleagues to tion Network. genocide in place in Darfur. The mes- vote in favor of this resolution that Since the national rally on the Mall sage is, we haven’t done enough, there- fore. recognizes those who have selflessly de- a little over a year and a half ago, I am among those who have been ar- voted themselves to raising awareness these groups have continued to raise rested in front of the embassy. Well, the awareness of the American people. of the crisis in Darfur. the whole point there was to call atten- Ms. ROS-LEHTINEN. Mr. Speaker, I Over the April recess, I had the privi- tion to Darfur, and that was at least have no further requests for time, and lege of traveling to eastern Chad to more than a year ago, not to mention I yield back the balance of my time. meet some of the 300,000 refugees from all that has happened all around the Mr. TANNER. Mr. Speaker, I am Darfur living in camps along the Chad- world. pleased to yield as much time as he Sudan border. I spent several days with I want to call special attention to the may consume to the gentleman from representatives from UNHCR, UNICEF, most defenseless victims of the geno- Massachusetts (Mr. MCGOVERN). the World Food Program, Oxfam, ICRC, cide, and those are women who are the Mr. MCGOVERN. Mr. Speaker, I want Catholic Relief Services, Doctors With- victims of rape as individuals, and to thank the gentleman for yielding me out Borders and so many others whose mass sexual violence of various kinds. the time and for his leadership on so lives and work are completely focused The mores of this society may mean many issues advocating human rights, on responding to the humanitarian cri- that the women in society were more but especially the humanitarian crisis sis. I cannot possibly express in words accustomed to being protected by the in Darfur. the respect and admiration I have for men. If those were the mores, that, of I also want to thank Congressman them and all the other NGOs working course, protection is long gone because JIM MORAN for introducing this resolu- inside Darfur and in Chad and the Cen- of the genocide against the men. tion that recognizes and commends the tral African Republic with the nearly 3 So what we have often is a society of outstanding work carried out by dozens million people displaced from their women and children defenseless against of national organizations and literally homes by the violence in Darfur. what appears to be interminable geno- thousands of local groups across the Mr. Speaker, today we are consid- cide. Just 2 months ago, there was yet country to educate Americans and mo- ering three bills on Darfur: this one, another report of mass rapings, dozens tivate them to take action on ending that recognizes and commends the of women. It seems to be a modus ope- the genocide in Darfur, Sudan. work of advocacy groups and other randi. When the attacks are made, sin- Mr. Speaker, on April 28, 2006, my NGOs who raise awareness and are gle out the women after the attacks for House colleagues, Representatives working to help end the genocide in rape. The large attacks on the camp MORAN of Virginia, TOM LANTOS, JOHN Darfur; another resolution introduced bespeak continuing genocide. OLVER and SHEILA JACKSON-LEE, joined by Congresswoman ROSA DELAURO What is perhaps most pitiful is that me for a protest in front of the Suda- about the need to protect the women the women continue to do what women nese embassy here in Washington as and girls of Darfur from acts of rape in developing societies have always part of a larger effort organized by reli- and sexual violence that have become done, to be the wood gatherers of the gious, student, and human rights commonplace in this conflict; and, a society, to go out and gather the wood groups to focus the country’s attention third, condemning in the strongest that is necessary to do the cooking on the genocide in Darfur. All of us terms the attacks on September 29 on and, indeed, to live. There are fire wood were arrested and many of us joined the African Union peacekeepers. patrols that must go with these thousands of our fellow citizens 2 days Mr. Speaker, the genocide goes on. women, and still the rape continues. later for the national rally on the Mall The humanitarian crisis persists. This The lack of resources for these patrols, to stop the genocide in Darfur. morning’s Washington Post speaks to the lack of communication and organi- I brought my two children, Patrick the fact that the United States and the zation for these patrols means that and Molly, to that rally so that they international community speak with emergency conditions for women and could listen to the speeches, see the passion, but accomplish little in ending children continue. great diversity of people united in ef- the violence in Darfur. This week an- The hybrid force for Darfur is not fort, and meet so many of the young other peace conference on Darfur is even scheduled to be on the ground people and students who have been en- under way in Libya, except all the par- until next year. The shame of it all, gaged in the cause of ending genocide. ties to the conflict are not present. We that the mass rape is often committed I happen to be especially blessed, Mr. must do more, Mr. Speaker, or we will by members of the Sudanese Armed Speaker, in having 13 colleges and uni- be here 1 year from now, once again be- Forces and the militias, and that we’ve versities in the Third Congressional moaning the killing, the violence, and been able to do nothing about it, means District of Massachusetts, an engaged the terror. The time for action is now. that we have an obligation to raise our religious community of many faiths Mr. TANNER. Mr. Speaker, I am now voices about mass rape and abuse of and school districts that believe in de- pleased to yield as much time as she women that is now well documented.

VerDate Mar 15 2010 12:43 Aug 20, 2010 Jkt 059102 PO 00000 Frm 00010 Fmt 0688 Sfmt 0634 E:\BR07\H29OC7.000 H29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28554 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 October 29, 2007 Finally, Mr. Speaker, bear in mind, these resolutions—as an institution that will keepers in the Darfurian village of Haskanita these are women with no recourse ex- not stand idly by while the world’s worst hu- on September 29, 2007. This violent act took cept our raising our own voices. No re- manitarian disaster continues to unfold. While the lives of 10 peacekeepers—7 Nigerians course whatsoever. And consider that these resolutions are not a panacea to the and 3 other soldiers from Mali, Senegal, and after the rape of such women, which is heart-rending conflict in Darfur, we know from Botswana. These attacks are unacceptable often shameful enough even in a soci- experience that continual pressure on those and detrimental to the peace effort but should ety like ours so the women don’t even who take part in such violent, inhumane ac- not deter the conviction of the African Union or want to come forward and speak about tions brings us closer to a solution. the international community to bring peace it, these women often are seen as That solution must be multi-faceted. It in- and security to the region. women who’ve had sexual intercourse cludes not only full and speedy implementa- The displacement of millions of people as outside of marriage and are open to the tion of the United Nations/African Union hybrid well as the rape and murder of hundreds of crime of Xena or such an offense which peacekeeping force, but also international sup- thousands cannot be tolerated by the United would be 100 lashes in addition to the port for a single, unified peacemaking process. States or any country that holds freedom and humiliation they have already suf- I am extremely disappointed to learn that mul- democracy as sacred values. The ongoing fered. tiple rebel leaders have chosen violence over events in Darfur constitute the worst ongoing The ultimate victims, of course, are peace and declined to participate in the cur- humanitarian disaster in the world. We must the children who result from pregnancy rent talks in Libya, but I am hopeful that the do everything we can to bring it to an end. of these women, the janjaweed child, representatives that are there—including the Mr. GOODLATTE. Mr. Speaker, the deplor- this often is called, and there that representatives of the Government of Sudan— able situation in Darfur has united the world in child sits outside of the society, out- will make progress toward a ceasefire and a outrage over the atrocities being committed side of what is normally done as a mat- viable political solution for this ravaged land. there. Through the efforts of motivated individ- ter of course for children. Finally, and equally important, a solution in uals and advocacy groups, the situation in I hope this resolution begins to put Darfur must include a sustained and secure Darfur has been brought to the forefront of Darfur, its genocide and especially its role for the courageous humanitarian workers, public consciousness. These people have worked tirelessly in rais- treatment of women and children, on who risk their lives daily because they are so ing awareness about the situation in Darfur the front burner once again. committed to alleviating the suffering of their and calling for an end to the genocide. Around Mr. HOYER. Mr. Speaker, today, the House fellow human beings. is considering-three critically important resolu- I urge my colleagues on both sides of the the country, throughout Virginia and across tions related to the world’s worst ongoing hu- aisle to support these three resolutions. the 6th District of Virginia, I have seen first manitarian disaster—the genocide in Darfur, Mr. MICHAUD. Mr. Speaker, I rise to speak hand the dedication and commitment of these Sudan. about a human tragedy that affects the lives of individuals in calling on leaders, from around The first is H. Res. 573, which recognizes millions of innocent individuals. The barbarism the world, to speak out against the horrendous and commends the efforts of U.S. advocacy in the Darfur region of Sudan continues de- events in Darfur. In fact, it was often their hu- manitarianism and commitment to peace in groups to raise awareness about and help end spite international calls for a cessation of vio- Darfur that encouraged nations to speak out the worsening crisis in Darfur. These groups lence. Lives continue to be lost and hope for against what was happening in Sudan and remind us daily, through their media cam- peace remains distant. paigns and grassroots efforts, that the inter- On July 4 of 2004, the 109th Congress de- take action. It is no surprise to me that the citizens of national community has a responsibility to clared that genocide was occurring in the the United States have taken such an active unite and stop crimes against humanity—and Darfur region of Sudan. Over 3 years later, the role in condemning the actions taking place in that we must learn from past failures to do violence continues. Hundreds of thousands of Sudan. After all as a Nation dedicated to free- so—in Rwanda, Bosnia, and elsewhere. people have lost their lives. An estimated 2.2 dom and the rights of the individual, the The second is H. Res. 740, which con- million people have been forced from their United States and its citizens have a responsi- demns the brutal attack on African Union homes. bility to speak out when those rights are vio- peacekeepers that occurred in Haskanita, Today the House will consider three resolu- lated, whether at home or abroad. The work of Darfur, 1 month ago today. This violent act, tions related to Darfur. It is my hope that this these groups is a true testament to the values carried out by rebels, took the lives of 10 body will continue to focus on this humani- of our country. peacekeepers—7 Nigerians and 3 other sol- tarian crisis until the genocide comes to an The goodwill of these individuals and groups diers from Mali, Senegal, and Botswana. It re- end. H. Res. 573 recognizes and commends in raising global awareness is instrumental in minds us that there are many guilty parties in the efforts of the United States public and ad- helping to end the genocide in Darfur. I am the violence in Darfur, and that we must rein- vocacy groups to raise awareness about and glad that we in Congress have risen today to force our support for the courageous African help end the worsening humanitarian crisis commend these groups and thank them for Union soldiers—who indeed fight not for their and genocide in Darfur. The responsibility to their service. We thank all the various local own countries, but for humanity. help end this humanitarian crisis is part of the schools, communities, faith-based, human Finally, the House will vote today on H. Res. values that make us American. It is in the best rights, humanitarian, and youth-led advocacy 726, a resolution calling on the President and spirit of our country, and it is part of the lead- organizations that have dedicated their time the international community to take immediate ership that we should bring to the world. We and energy to help end the genocide in steps to respond to and prevent acts of rape must continue to work together as one to bring Darfur, to promote peace there, and to defend and sexual violence against the most innocent this conflict to an end. human rights. We must continue to work to- of Darfur’s victims—young girls and women. I The second resolution, H. Res. 756, con- gether and do more to bring an end to the was asked to cosponsor this important resolu- demns rape and sexual violence against genocide in Darfur. tion by my friend and colleague BRAD MILLER, women and girls in Darfur, Sudan, eastern Mrs. CAPPS. Mr. Speaker, today I rise in who traveled with me to Darfur in April. There Chad and the Central African Republic. The strong support of H. Res. 573, a resolution we saw things we will never forget—children violence and inhuman experiences perpetrated that recognizes the tremendous efforts put orphaned by genocide and women who had upon the people of Darfur and the surrounding forth by public advocacy groups to raise experienced unspeakable personal traumas. region have been particularly terrible for awareness and help end the worsening crisis We learned that the heartbreaking reality of women. This resolution urges the President to in Darfur. life in Darfur today means women risk being take an active role in providing victims of sex- My district is home to many of these advo- raped when doing things as simple as col- ual abuse with medical and legal support. It cates, who work tirelessly to inform their lecting firewood. This resolution addresses this also calls on fellow members of the United neighbors and bring greater attention to this horrific reality by authorizing grants to help the Nations to sanction the Sudan for any non- humanitarian emergency. Their work to end women and girls of Darfur and calling for pros- compliance to bring known perpetrators to jus- the genocide in Darfur is a critical part of our ecution of those who have carried out such tice. We cannot be silent while innocent combined effort to stop the violence and the hideously inhumane acts. women and girls suffer such cruelty. bloodshed that has claimed entire families. I am proud that the U.S. House of Rep- The final resolution, H. Res. 740, condemns In this time of international conflict, it is so resentatives is putting itself on record with the attacks made on African Union Peace- important for us to educate and inform our

VerDate Mar 15 2010 12:43 Aug 20, 2010 Jkt 059102 PO 00000 Frm 00011 Fmt 0688 Sfmt 9920 E:\BR07\H29OC7.000 H29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 29, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 28555 neighbors about what we can do to help those together to work for change in the world. It is Whereas since 2003, mass rape committed in need. I am thankful for all of the people in with their energy and passion in mind that we by members of the Sudanese armed forces my district who are working toward a peaceful must renew our commitment to end the geno- and affiliated militias with the support of the Government of Sudan has been a central resolution in Darfur. Their dedication to this cide in Darfur. component of the Government of Sudan’s vi- cause is singular in its commitment, and I am Mr. TANNER. Mr. Speaker, I have no olence and ethnic cleansing in Darfur; deeply grateful for their contributions. further requests for time, and I yield Whereas women and girls leaving Inter- I urge all of my colleagues to support this back the balance of my time. nally Displaced Persons camps in Darfur and important resolution. The SPEAKER pro tempore. The refugee camps in eastern Chad, to seek fire- Ms. WOOLSEY. Mr. Speaker, I rise today in question is on the motion offered by wood, water or outside sources of income are support of H. Res. 573 and to commend the gentleman from Tennessee (Mr. often attacked and subjected to rape and sex- grassroots and advocacy groups across the TANNER) that the House suspend the ual violence perpetrated by members of the rules and agree to the resolution, H. Sudanese armed forces and associated country for their powerful voices and invalu- Janjaweed militia and other armed combat- able efforts to raise awareness about the Res. 573, as amended. ants; deepening humanitarian crisis in Darfur. This The question was taken. Whereas, on July 19, 2004, Amnesty Inter- resolution will honor these groups for their The SPEAKER pro tempore. In the national reported that it collected the names hard work and urge the government to use its opinion of the Chair, two-thirds being of 250 women who had been raped in Darfur influence to halt the killing of innocent people in the affirmative, the ayes have it. and information on 250 additional rapes; Mr. TANNER. Mr. Speaker, on that I in Darfur. Local communities continue to insist Whereas, on January 25, 2005, the Inter- demand the yeas and nays. national Commission of Inquiry on Darfur, that the international community honor its re- The yeas and nays were ordered. in a report to the United Nations Secretary sponsibility to end the ongoing genocide in The SPEAKER pro tempore. Pursu- General, reported numerous cases of mass Darfur. We must heed their message, because ant to clause 8 of rule XX and the rape throughout Darfur including an inci- it is one we cannot afford to ignore. Chair’s prior announcement, further dent in which a large number of Janjaweed As a member of the House Subcommittee attacked a boarding school, and raped as proceedings on this motion will be many as 110 girls; on Africa and Global Health, the Congres- postponed. sional, the Human Rights Caucus, and the Whereas, on October 14, 2005, the Secretary Congressional Sudan Caucus, I share their f General of the United Nations reported ‘‘Many girls have given birth as a result of immediate concern that our country must do b 1515 rape. Although local communities are trying everything it can to end the genocide in CALLING ON THE PRESIDENT AND to accept the offspring, the children face a Darfur. More than 2.5 million Darfurians have INTERNATIONAL COMMUNITY TO great deal of stigmatization.’’; been displaced from their homes and as many TAKE IMMEDIATE STEPS TO RE- Whereas, on March 9, 2007, members of the as 400,000 Darfurians have needlessly died United Nations High-Level Mission on the SPOND TO AND PREVENT RAPE situation of human rights in Darfur reported over the last four years as a result of violence, AND SEXUAL VIOLENCE hunger, and disease. that ‘‘rape and sexual assualt have been AGAINST WOMEN AND GIRLS IN widespread and systematic, terrorizing The tragic events unfolding in Darfur have DARFUR, SUDAN, EASTERN CHAD women and breaking down families and com- been felt intensely by local communities AND CENTRAL AFRICAN REPUB- munities’’ and that ‘‘women are also at- across the world. The strongest efforts to end LIC tacked in and around refugee camps in east- the genocide will grow from the concerns of ern Chad’’; American citizens who can no longer sit quiet- Mr. TANNER. Mr. Speaker, I move to Whereas, on April 27, 2007, the Inter- ly by while the atrocities in Sudan continue suspend the rules and agree to the reso- national Criminal Court, acting under the unabated. I am proud to represent the people lution (H. Res. 726) calling on the authority provided in Security Council Reso- of California’s Sixth Congressional District, President of the United States and the lution 1593 (2005), issued arrest warrants for international community to take im- Sudan’s Humanitarian Affairs Minister who are among the people most involved in Ahmad Muhammad Harun and Janjaweed stopping the genocide in Darfur since the cri- mediate steps to respond to and pre- vent acts of rape and sexual violence Colonel Ali Muhammad Al Abd-Al-Raham sis started. seeking their arrest for 51 counts including 6 Dear Sudan, now an international move- against women and girls in Darfur, counts involving rape; ment, began in my hometown of Petaluma in Sudan, eastern Chad and the Central Whereas under Sudanese law victims of 2004. Their goal was to raise enough money African Republic, as amended. rape have virtually no legal recourse and from citizens of Petaluma to feed the refugees The Clerk read the title of the resolu- may in fact be charged with the crime of zina, or sexual intercourse outside of mar- from Darfur for one day. Dear Sudan, Love tion. The text of the resolution is as fol- riage, punishable by one hundred lashes if Petaluma was so successful that other com- lows: the victim is unmarried and death by ston- munities began organizing first locally, then ing if she is married; H. RES. 726 spread across the Nation, and recently found- Whereas, on July 31, 2007, the United Na- ed chapters in other countries across the Whereas, during war, rape and sexual vio- tions Security Council adopted Security lence are often used systematically as a world. Council Resolution 1769 authorizing the de- weapon of intimidation, humiliation, terror ployment of a United Nations-African Union Dear Sudan, Love Marin has hosted edu- and ethnic cleansing; cational forums and worked to develop a peacekeeping force (UNAMID) to Darfur and Whereas it is estimated that between expressing strong concern about ‘‘on-going broad coalition of religious and community 250,000 and 500,000 women and girls were attacks on the civilian population and hu- groups, encompassing the entire San Fran- raped during the genocide in Rwanda; manitarian workers and continued and wide- cisco Bay Area. Another group, Marin Inter- Whereas, on September 2, 1998, the United spread sexual violence’’ while ‘‘emphasising faith, has been instrumental in spreading the National International Criminal Tribunal for the need to bring to justice the perpetrators message about the ongoing genocide to the Rwanda found Jean Paul Akayesu guilty of of such crimes’’; and religious community at large. rape and held that rape and sexual assault Whereas, on August 20, 2007, the United Na- constitute crimes against humanity; Additionally, students throughout the Sixth tions High Commissioner for Human Rights, Whereas, on October 31, 2000, the United reported on attacks, abductions and system- District have organized under Save Darfur, Nations Security Council adopted Security atic rapes of women in Darfur and the result- other national organizations, or on their own to Council Resolution 1325 (2000), calling on all ing ‘‘grave health risks from the consequent help raise awareness for the crisis in Darfur by parties to an armed conflict to take, ‘‘special physical injuries and psychological trauma’’, planning educational forums, rallying, and measures to protect women and girls from and declared that these acts may ‘‘constitute washing cars to raise funds for refugees. Just gender-based violence, particularly rape and war crimes’’: Now, therefore be it: this past weekend, a student group in Santa other forms of sexual abuse’’; Resolved, That the House of Representa- Rosa held a car wash at a local market, and Whereas the Rome Statute of the Inter- tives— national Criminal Court, which entered into (1) calls upon the President of the United this December, a group of students from Terra force on July 1, 2002, states that rape and States to develop within the United States Linda High School are planning a half-day ‘‘any other form of sexual violence of com- Department of State and the United States conference on the genocide. parable gravity’’ may constitute both Agency for International Development a Groups like these demonstrate the best ele- ‘‘crimes against humanity’’ and ‘‘war Women and Girls of Darfur Initiative to im- ments of our Nation, where people can come crimes’’; prove assistance to victims and potential

VerDate Mar 15 2010 12:43 Aug 20, 2010 Jkt 059102 PO 00000 Frm 00012 Fmt 0688 Sfmt 0634 E:\BR07\H29OC7.000 H29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28556 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 October 29, 2007 victims of rape and sexual violence in neous material on the resolution under such attacks accountable for their ac- Darfur, Sudan, eastern Chad and the Central consideration. tions. I strongly support this resolu- African Republic by— The SPEAKER pro tempore. Is there tion. (A) offering specialized grants to non-gov- objection to the request of the gen- Mr. Speaker, I reserve the balance of ernmental organizations, operating within IDP and refugee camps in Sudan, Chad and tleman from Tennessee? my time. the Central African Republic that can pro- There was no objection. Mr. TANNER. Mr. Speaker, I am vide all essential quality health care services Mr. TANNER. Mr. Speaker, I yield pleased to yield such time as she may and medical supplies, psychological and so- myself such time as I may consume. consume to the author of the resolu- cial counseling, and legal advice to Darfuri I want to thank Congresswoman tion, the gentlewoman from Con- victims of rape and sexual violence; DELAURO for this important resolution necticut (Ms. DELAURO). (B) providing treatment for the prevention that focuses again on one of the most Ms. DELAURO. Mr. Speaker, I thank of sexually transmitted diseases, including heinous crimes of war known to hu- the gentleman from Tennessee, and I antiretroviral drugs to prevent HIV infec- tions, and specialized care for rape victims mans: the rape of women. rise in support of House Resolution 726, already infected with HIV/AIDS and other In the process of the Darfur genocide, calling on the President of the United sexually transmitted diseases; women and girls have been targeted States and the international commu- (C) meeting the psychological, social and specifically. And I will let her speak nity to take immediate steps to re- educational needs of victimized women, more about this, but when women liv- spond to and to prevent acts of rape girls, children born as a result of rape, their ing in refugee camps, for example, were and sexual violence against women and family and the community in order to limit asked why they went to fetch water girls in Darfur, Sudan, eastern Chad, the stigmatization associated with rape; and (D) providing financial, technical and and risk rape rather than the men, and the Central African Republic. other forms of assistance to support women’s they answered, If we let the men go, I was proud to introduce this resolu- peace initiatives; they will be killed. It is better for us to tion, and I have been proud to work (2) calls upon the Secretary General of the be raped than for our husbands to be with my colleague Chairman LANTOS, United Nations, the permanent members of killed. whose attention to the crisis in Darfur the United Nations Security Council, the Af- It goes on and on, Mr. Speaker, but I has been unrelenting. His dedication rican Union, the European Union, the Arab will reserve the balance of my time. made it possible to move this impor- League and other nations to immediately Ms. ROS-LEHTINEN. Mr. Speaker, I take steps to— tant legislation through the committee (A) ensure that a fully funded and fully yield myself such time as I may con- and onto the floor of the House so equipped UNAMID is deployed to Darfur, sume. quickly. Sudan; I rise in support of the resolution by My friend Congressman BRAD MILLER (B) mandate that UNAMID employ all nec- my good friend, Ms. DELAURO, H. Reso- also took a lead on this resolution, and essary measures to protect women and girls lution 726, which calls on the inter- following his trip to Darfur this sum- from acts of rape and sexual violence both national community to take imme- mer, he has shared his unique insight outside and within Darfuri refugee and IDP diate steps to respond to and to halt about the region and our responsi- camps; acts of rape and sexual violence, all of (C) provide sufficient resources and train- bility. ing to UNAMID troops and police to ensure a which are occurring in Darfur, eastern And today it is also important to capability to properly respond to acts of rape Chad, and the Central African Repub- note that we have reached this point and sexual violence; lic. together with my colleagues from (D) provide for firewood patrols and other I would like to thank the chairman across the aisle. Congresswoman safeguarding measures to protect women and of our committee, Mr. LANTOS; and, of ILEANA ROS-LEHTINEN led our bipar- girls leaving refugee and IDP camps; and course, the lead sponsor, my friend Ms. tisan collaboration, and we now have (E) include an adequate number of female DELAURO for their flexibility in accom- the support of more than 100 cospon- troops and police in UNAMID to properly modating concerns raised prior to the sors from both parties. That broad sup- manage incidents of rape and sexual vio- lence; and introduction and then during the com- port from Members at every point (3) calls on the United Nations Security mittee consideration with regard to along the political spectrum makes Council to immediately— nonessential health issues and the sense because this is not a political (A) find the Government of Sudan in non- International Criminal Court. issue; it is a moral issue. And it is ur- compliance with Security Council Resolu- With those issues addressed in the gent. We have an obligation to act and tion 1325 (2000); amendment before us, we now have a to act now. (B) call on the Government of Sudan to strong resolution that effectively fo- As Members of the United States provide full legal protections to victims of cuses much-needed attention on the Congress, we believe we must do every- rape and sexual violence and to bring to jus- tice individuals responsible for such crimes; horrific reality that has befallen thing in our power to protect the basic and women and young girls in Darfur with- human rights of individuals around the (C) adopt under Chapter VII of the United out contradicting our U.S. policy. world, and there may be no greater vio- Nations Charter a Security Council Resolu- Since the beginning of this conflict, lation of a woman’s or a girl’s basic tion calling on the Government of Sudan to Mr. Speaker, Sudanese Armed Forces, human rights than when she is a vic- respect all related Security Council Resolu- janjaweed militias, and other rebel fac- tim of rape or sexual violence. tions, including Security Council Resolution tions have used rape as a weapon of All too often during war, rape and 1593 (2005), enforce the arrest warrants for war. Despite the conclusions of the sexual violence are used systematically Ahmad Muhammad Harun and Ali Muham- mad Al Abd-Al-Raham, and further recognize Darfur Peace Agreement and the de- as a weapon of intimidation, humilia- the systematic rape of women and girls in ployment of peacekeepers, these at- tion, terror, and ethnic cleansing. Darfur as crimes against humanity and war tacks have continued unabated. There is no other way to put it. These crimes. The pattern of rape and sexual vio- crimes are crimes against humanity The SPEAKER pro tempore. Pursu- lence is widespread and systematic, and war crimes. And we cannot ignore ant to the rule, the gentleman from and it seems that no one is spared. El- them. Tennessee (Mr. TANNER) and the gen- derly women, pregnant mothers, even The use of rape as a weapon of war is tlewoman from Florida (Ms. ROS- girls as young as 10 years of age have as prevalent today as ever. An average LEHTINEN) each will control 20 minutes. fallen victim to the rapist thugs who of 40 women are raped every day in the The Chair recognizes the gentleman attack with immunity. This is a hor- ongoing armed conflict in the Congo. It from Tennessee. rific practice that must be condemned is estimated that between 20,000 and GENERAL LEAVE in the strongest possible terms. 50,000 women were raped during the Mr. TANNER. Mr. Speaker, I ask I fully support efforts to provide es- war in Bosnia and Herzegovina in the unanimous consent that all Members sential health and psychosocial serv- early 1990s. And it is estimated that be- have 5 legislative days to revise and ex- ices to these women and girls as well as tween 250,000 and 500,000 women were tend their remarks and include extra- efforts to hold those responsible for raped during the genocide in Rwanda.

VerDate Mar 15 2010 12:43 Aug 20, 2010 Jkt 059102 PO 00000 Frm 00013 Fmt 0688 Sfmt 0634 E:\BR07\H29OC7.000 H29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 29, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 28557 Now, as these atrocities occur in the Too much is at stake to allow these solace and refuge are raped, abused, and Darfur conflict region, we must ask atrocities to continue. We have the murdered. This is a systematic effort to de- ourselves, again, when will we learn power, the will, and the moral obliga- stroy an entire race of people. from history? The answer, it seems, is tion to stop sexual violence and rape in Where is the humanity, Mr. Speaker? not soon enough for the untold number the Darfur conflict region. There is no Where are our souls? How can we stand by of Darfuri women and girls beaten, kid- reason that we stand by when we when hundreds and thousands are suffering napped, and raped, often multiple should be acting. every day at the hands of their own govern- times by multiple attackers, and held I plead with my colleagues to under- ment? as sex slaves by the Sudanese armed stand what women and girls are under- Today, on the front page of the Washington forces, the janjaweed, and other armed going in Darfur and to please pass this Post there is an article entitled ‘‘U.S. Promises combatants. Since the current conflict resolution. Let’s act together in the on Darfur Don’t Match Actions’’. It highlights began over 4 years ago, instances of best interests of women and girls our Government’s inaction during one of the rape and sexual violence have all been around the world. most horrific human rights disasters of our documented by NGOs like Amnesty Ms. ROS-LEHTINEN. Mr. Speaker, I generation. International and Doctors Without thank my good friend Ms. DELAURO for Every single one of us has a duty to pres- Borders. And the United Nations High introducing this resolution. sure our Government, the United Nations, the Commissioner for Human Rights has Mr. VAN HOLLEN. Mr. Speaker, today I rise world—to act. reported on widespread and systematic in support of H. Res. 726, a bill responding to Mr. Speaker, this bipartisan resolution is not mass rape occurring in the region as acts of rape and sexual violence in the Darfur about politics. It is not about pushing an agen- well as grave health risks, psycho- conflict. da forward. Rape and sexual violence are often used as logical trauma, and resulting preg- We have a moral obligation to stand up for weapons of war. It is estimated that between nancies. the women and children in Darfur against sys- 20,000 and 50,000 women and girls were In July, the United Nations Security tematic and unchecked abuse. raped during the war in Bosnia and Council adopted its most recent Secu- They have no voice, no government, no- Herzegovina in the 1990s; between 250,000 rity Council resolution relating to body to stand with them, nobody to stand for and 500,000 were raped during the genocide Darfur in which it expressed strong them. in Rwanda; and today, there are reports of concern about the ‘‘continued and Every day that we wait for a solution to wide and systematic rape and sexual assault widespread sexual violence’’ while magically appear, is another day that a of women and girls in the Darfur region. woman, a child, is stripped of her home, her ‘‘emphasizing the need to bring to jus- The United States was the first government family, her dignity, her health, and her human- tice the perpetrators of such crimes.’’ to refer to the killing in Darfur as genocide, but ity. But we cannot simply talk about the this has had little impact on ending the suf- I urge all of my colleagues to support H. downward spiral in Darfur or the condi- fering. The suffering continues because the Res. 726. tions that have only worsened since Sudanese government resists the efforts of Mr. MURPHY of Connecticut. Mr. Speaker, the so-called Darfur Peace Agreement the international community at every step and I rise today in strong support of H. Res. 726, was signed in May 2006. As we saw just the Chinese government refuses to use its to prevent and respond to acts of rape and this weekend, peace talks in Libya ap- unique influence to force the Sudanese gov- sexual violence in the Darfur conflict region. pear to be breaking down because key ernment to change its actions. In fact, China This resolution calls on the President and the rebel groups refuse to participate, dem- may even have prolonged the crisis by shield- international community to recognize and re- onstrating that we are a long way from ing Sudan against the collective efforts of the spond to the horrific acts of sexual violence peace and security in Darfur. United Nations. The crisis is now in its 4th We cannot sit idly by as women and year with no end in sight and the suffering of that are being committed by the Sudanese children are targeted. The resolution men, women and children continues. That is armed forces, the associated Janjaweed mili- before us today calls for action. It calls why I am encouraging passage today of H. tia, and other armed combatants with alarming on the President and it calls on the Res. 726. regularity. Women and girls in the crisis-af- international community to do the fol- H. Res. 726 requires the U.S. State Depart- fected region currently lack the medical and lowing: ment and USAID to develop a women and psychological services necessary to survive One, develop within the State De- girls Darfur initiative for the purpose of pro- and recover from these personal atrocities. partment and USAID a Women and viding victims and potential victims of rape in Today, Congress seeks to provide them with Girls of Darfur Initiative to, among Darfur, eastern Chad and the Central African these basic services, and states our belief that other things, provide victims and po- Republic with much needed comprehensive the U.S. and the international community must tential victims of rape in Darfur, east- and quality medical supplies and health serv- continue applying pressure to the government ern Chad, and the Central African Re- ices. in Khartoum to stop the use of rape and sex- public with all essential and quality The bill also calls upon the Secretary Gen- ual violence as a tool of war. medical supplies and health care serv- eral of the United Nations, the permanent The United Nations has recognized that ices, psychological counseling, and members of the United Nations Security Coun- rape is being used as a systematic weapon of legal advice; cil, the African Union, the European Union, the war and that combatants are encouraged to Two, to ensure that a hybrid United Arab League and other nations to immediately employ it as yet another way to brutally ter- Nations-African Union peacekeeping take steps to ensure that a hybrid UN-African rorize a population. The impact on the indi- force is deployed that can properly pro- Union peacekeeping force is deployed that vidual, however, must not be forgotten. Rape tect women and girls from and respond can properly protect women and girls from and not only brutalizes the woman, it can also rob to acts of rape and sexual violence; respond to acts of rape and sexual violence. her of her dignity and privacy, often leading to And, three, through the U.N. Secu- We cannot stand still in the face of system- her being shunned by her family and commu- rity Council, find Sudan in noncompli- atic and widespread rape in the Darfur region. nity. The international community has thus far ance with its obligations to protect The U.S. Congress has a moral obligation to been unable to prevent sexual violence from women and girls and call on Khartoum reach out and do all it can to put an end to becoming an almost daily event in many con- to bring perpetrators of rape and sex- this tragedy. I strongly support this important flicts, including the one in Darfur. So when ual violence to justice. piece of legislation and encourage my col- Congress has an opportunity to protect and Our State Department and USAID leagues to do the same. aid the victims of these attacks, we must do must make this a top priority. As the Mr. LEWIS of Georgia. Mr. Speaker, I am a so. rape and murder in Darfur goes on, the proud cosponsor of this resolution, and I ap- This bill calls on the President and inter- perpetrators of these atrocities go plaud the gentlewoman from Connecticut (Ms. national community to develop the Women unpunished. And while the rhetoric of DELAURO) for her leadership on this important and Girls of Darfur Initiative that would provide the administration and the inter- issue. health care services, medical supplies, and national community have hit the Every day in Darfur men are tortured and psychological counseling to women in the con- mark, their action has fallen far short. massacred as women and little girls seeking flict-affected region. The resolution also calls

VerDate Mar 15 2010 12:43 Aug 20, 2010 Jkt 059102 PO 00000 Frm 00014 Fmt 0688 Sfmt 9920 E:\BR07\H29OC7.000 H29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28558 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 October 29, 2007 for preventative measures such as ensuring Whereas, in the aftermath of the attacks, military observers and civilian police that a hybrid United Nations-African Union the Government of Sudan secured the area officers from Mali, Senegal, and Bot- peacekeeping force is deployed to protect reportedly to facilitate the evacuation of swana. With consideration of this reso- AMIS peacekeepers, but later was accused of lution today, the U.S. Congress sends women and girls from acts of rape and sexual burning Haskanita to the ground, driving violence. Since the Sudanese Government re- more than 15,000 civilians into the wilderness its condolences to their respective gov- fuses to provide its own women this protec- or neighboring towns; ernments and to their families who tion, the hybrid peacekeeping force must be Whereas the attacks have been openly con- have made the ultimate sacrifice in a accorded all the necessary resources, includ- demned by the United States Government, war far from their native soil. ing the $724 million that the U.S. has pledged the African Union, the international commu- While the nations of the world de- to fund the U.N.’s mission in Darfur. nity, and civilized people everywhere; and plore the war in Darfur and have pro- I sincerely hope my colleagues will join me Whereas the Government of Sudan has not vided significant humanitarian assist- publicly spoken out against or condemned and over 100 other cosponsors of this bill in ance to refugees and displaced persons, the attacks: Now, therefore, be it we still have not demonstrated the will fulfilling our moral obligation to protect the Resolved, That the House of Representa- basic human rights of the women and girls in tives— to end this crisis. The United Nations Darfur and the surrounding region. (1) condemns in the strongest terms the at- is intensely lobbying countries to pro- Ms. ROS-LEHTINEN. Mr. Speaker, I tacks on African Union peacekeepers that vide helicopters for a U.N. African have no further requests for time, and occurred in Haskanita, Darfur, Sudan, on Union peacekeeping force, one of many I yield back the balance of my time. September 29, 2007; obstacles to starting the mission. Ac- Mr. TANNER. Mr. Speaker, I have no (2) expresses its condolences to the people cording to recent reports, no country and Governments of Nigeria, Mali, Senegal, has made a credible offer to provide the further requests for time, and I yield and Botswana, the families and friends of back the balance of my time. 24 transport and attack helicopters those individuals who were killed or missing needed for the 26,000-strong force. The SPEAKER pro tempore. The in the attacks, and expresses its sympathies question is on the motion offered by to those individuals who have been injured; b 1530 the gentleman from Tennessee (Mr. (3) expresses the solidarity of the people This lack of helicopters, in part, ac- TANNER) that the House suspend the and Government of the United States with counts for the deadly attack on AU the African Union and the African Union rules and agree to the resolution, H. troops. Res. 726, as amended. peacekeepers as they recover from these cowardly and inhuman attacks; After Rwanda, the world said, never The question was taken; and (two- (4) expresses its readiness to support ef- again, never again would we stand by thirds being in the affirmative) the forts to bring to justice those individuals re- and let another genocide take place; rules were suspended and the resolu- sponsible for the attacks and efforts to de- yet we continue to fail in Darfur. For tion, as amended, was agreed to. tect, pursue, disrupt, and dismantle the net- over 4 years now, we have failed. A motion to reconsider was laid on works that plan and carry out such attacks; Today, our Congress calls upon our the table. (5) expresses its support for the people of allies and friends to help put an end to Darfur, Sudan, in their continued struggle this nightmare. We call on the Suda- f against extremism and violence and support nese Government, its militia and rebel CONDEMNING ATTACKS ON AFRI- for their efforts to secure a permanent peace, justice, and return to their restored villages forces to take up seriously peace nego- CAN UNION PEACEKEEPERS IN and homes; and tiations in that part of the world. HASKANITA, DARFUR, SUDAN, (6) encourage all parties involved in the Mr. Speaker, I reserve the balance of ON SEPTEMBER 29, 2007 conflict to commit to negotiate a final and my time. Mr. TANNER. Mr. Speaker, I move to binding peace agreement at the peace talks Ms. ROS-LEHTINEN. Mr. Speaker, I suspend the rules and agree to the reso- scheduled for October 27, 2007, in Tripoli, yield myself such time as I may con- Libya. lution (H. Res. 740) condemning in the sume. strongest terms the attacks on African The SPEAKER pro tempore. Pursu- Mr. Speaker, I am pleased to be a co- Union peacekeepers that occurred in ant to the rule, the gentleman from sponsor of House Resolution 740, which Haskanita, Darfur, Sudan, on Sep- Tennessee (Mr. TANNER) and the gen- condemns the horrible and cowardly tember 29, 2007, as amended. tlewoman from Florida (Ms. ROS- attacks that occurred last month in The Clerk read the title of the resolu- LEHTINEN) each will control 20 minutes. Haskanita. According to reports, as tion. The Chair recognizes the gentleman we’ve heard, up to 1,000 heavily armed The text of the resolution is as fol- from Tennessee. rebels believed to be associated with lows: GENERAL LEAVE the Sudan Liberation Army ambushed Mr. TANNER. Mr. Speaker, I ask the small base that had been occupied H. RES. 740 unanimous consent that all Members by the African Union peacekeeping Whereas, on September 29, 2007, an esti- mission on September 29 of this year. mated 1,000 heavily-armed rebels in Darfur have 5 legislative days to revise and ex- overran a small base in Haskanita, Darfur, tend their remarks and include extra- Ten AU peacekeepers were killed, in- Sudan, occupied by the African Union Mis- neous material on the resolution under cluding seven Nigerian soldiers and sion in Sudan (AMIS), brutally killing 10 consideration. three unarmed military observers and peacekeepers—seven Nigerian soldiers and The SPEAKER pro tempore. Is there civilian police officers from Mali, Sen- three other unarmed military observers and objection to the request of the gen- egal, and Botswana. Seven others were civilian police officers from Mali, Senegal, tleman from Tennessee? wounded, and 50 peacekeepers went and Botswana—and wounding seven other There was no objection. missing. This was the worst attack peacekeepers, with 50 peacekeepers still Mr. TANNER. Mr. Speaker, I yield against the AU, African Union, mission missing; myself such time as I may consume. Whereas, in an assault described by the Af- since it first deployed in July of 2004. rican Union commander as ‘‘deliberate and Let me thank Congresswoman SHEI- Khartoum deployed its forces to se- sustained’’, the rebel group broke into the LA JACKSON-LEE for introducing this cure the area on October 6. Three days AMIS base in 30 vehicles with heavy artillery resolution, which condemns the recent later, the entire village was found and mortars and battled for hours until vicious and deadly assault on African burned to the ground. Though Khar- AMIS forces ran out of ammunition; Union forces. toum has not publicly claimed respon- Whereas the attacks were the worst at- On September 29, 2007, an estimated sibility, there is little doubt about who tacks on AMIS peacekeepers since the de- 1,000 members of a heavily armed group burned the village. The initial attack ployment of the peacekeepers to Sudan in of Darfur rebels overran a small Afri- against the African Union peace- July 2004; can Union base in Haskanita in Darfur. Whereas the United Nations Security keepers and the subsequent burning of Council condemned the ‘‘murderous attack’’ Ten peacekeepers were brutally killed, the small base must be condemned in on AMIS peacekeepers and demanded that 7 wounded, and 50 others are missing. the strongest possible terms. ‘‘no effort be spared’’ to identify and bring to Seven of those killed were Nigerian It is outrageous that rebels would at- justice the perpetrators of the attacks; soldiers. The other 3 were unarmed tack those who had been sent to secure

VerDate Mar 15 2010 12:43 Aug 20, 2010 Jkt 059102 PO 00000 Frm 00015 Fmt 0688 Sfmt 0634 E:\BR07\H29OC7.000 H29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 29, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 28559 the peace in Darfur, particularly as the overdue. And, frankly, the people of in their support. It is my hope that we international community prepares to Darfur deserve better. will be able to work with the people in deploy a much larger hybrid United I thank the sponsor, Ms. JACKSON- the 11th Congressional District and Nations/African Union peacekeeping LEE, for introducing this important across this country to continue to let mission to the region. It is equally out- and timely measure. I urge the support our voices be heard on the issue. I en- rageous, Mr. Speaker, that the Suda- of all of my colleagues. courage my constituents to contact me nese armed forces would seek retribu- With that, Mr. Speaker, I yield back with your ideas and resources. tion for the initial attack by burning the balance of my time. I know that I’m speaking on another the village to the ground and leaving Mr. TANNER. Mr. Speaker, I am piece of legislation, but they all affect an estimated 150,000 people homeless as pleased to yield as much time as she Darfur, and it gives me an opportunity a result. may consume to the gentlelady from to be heard. It must be made clear to all parties Ohio (Mrs. JONES). Mr. GOODLATTE. Mr. Speaker, earlier this to the conflict, the regime in Khar- Mrs. JONES of Ohio. I would like to year, I had the opportunity to travel as part of toum, its armed proxies, and the var- thank my colleague, the gentleman, a bipartisan Congressional Delegation to the ious rebel forces alike, that the ongo- JOHN TANNER, for yielding me time. I war-torn nation of Sudan and see first-hand ing attacks against peacekeeping just came from a memorial service for one of the worst humanitarian crises in recent forces, humanitarian operations, and one of our former colleagues from Ways times. civilian populations in Darfur are com- and Means, Charlie Vanik. The entire world is currently watching in hor- pletely unacceptable. Mr. Speaker, I rise today in strong ror the atrocities being committed in Darfur. Those who are truly interested in support of legislation calling on the Many people have been called to action to try peace in Darfur must stop these sense- President of the United States and the to stop this genocide. This includes hordes of less attacks, fully commit themselves international community to take im- humanitarian workers and peacekeeping to a binding cease-fire agreement, and mediate steps to respond to and pre- forces. The most prominent peacekeeping rigorously pursue a political settle- vent acts of rape and sexual violence mission in Sudan has been the African Union ment. Failure to do so will send a clear against women and girls in Darfur, Mission in Sudan (AMIS), which is carried out signal to the international community Sudan, eastern Chad, and the Central by African Union (AU) forces. about who is and who is not interested African Republic. Since July of 2004, AU forces have been on in peace. For many years now we have seen the the ground in Sudan working as peace- And let there be no doubt that the devastating atrocities taking place in keepers. Sadly, their peacekeeping mission United States has done much to allevi- the Darfur region of Sudan. With the has made these AU personnel targets for at- ate the suffering in this war-torn re- support of the Sudanese Government, tack by rebel forces. The worst of these at- gion. The United States has provided the janjaweed militia has ravaged the tacks occurred in Haskanita, Darfur, Sudan, more than $2 billion in humanitarian people of Darfur, raping, torturing, on September 29, 2007. This attack on the AU assistance and assistance to the Afri- murdering, and forcing thousands of base left 10 brutally murdered and 50 soldiers can Union peacekeeping mission in Darfuris to flee to refugee camps in missing. In the aftermath of the attacks Darfur. The U.S. has also led the de- neighboring Chad and the Central Afri- Haskanita has been burned to the ground, dis- bate at the U.N. Security Council to can Republic. Today, we highlight placing 15,000 citizens. This horrendous situa- get a larger, more capable United Na- some of those most vulnerable of these tion is made only worse by the government of tions/African Union hybrid peace- victims in Darfur, women and girls. Sudan’s silence in not speaking out and con- keeping mission approved and de- We saw the same devastation in demning these attacks. ployed. Rwanda over a decade ago, where it is There is no doubt that this was an atrocious We have built and maintained the estimated that between 250,000 and attack, and today we in Congress join together camps for the African Union forces, 500,000 women and girls were raped dur- to condemn all these attacks. These attacks and we will continue to expand those ing the genocide in Rwanda. The Amer- show just how horrid the situation in Darfur is, camps until the U.N. takes over. We ican people have made their voices when those trying to bring peace and stability have also provided air lift for troops, heard on this issue, vowing never again are themselves victims of violence. We in and will fund 25 percent of all peace- to remain silent when humanity is Congress express our deepest sympathy to keeping costs. threatened. To date, there have been the families of individuals killed or missing in We have a dedicated special envoy numerous reports of rape. On July 19, these cowardly attacks. who has led international efforts to 2004, Amnesty International reported It is my deepest hope that the Darfur peace bring peace to Darfur. We have funded that it collected the names of 250 negotiations currently underway in Libya bring and supported critical peace talks. We women who have been raped in Darfur about a meaningful and lasting peace agree- have imposed comprehensive sanctions and information on 250 additional ment for Darfur. The United States and the against Khartoum. Meanwhile, China rapes. international community must work together to and Russia continue to allow their On January 25, the International stabilize the situation in Darfur and prevent business interests in Sudan to override Commission of Inquiry on Darfur, in a further genocide. Mr. Speaker, I look forward their concern for human rights. Both report to the U.N. Secretary General, to continuing to work with my colleagues to have failed to take meaningful action reported numerous cases of mass rape bring an end to this international crisis. at the United Nations and have blocked throughout Darfur. This is just the tip Ms. JACKSON-LEE of Texas. Mr. Speaker, consideration of sanctions against of the iceberg. We must do all that we I urge my colleagues to join me supporting H. Khartoum. can to ensure that no more women and Res. 740, which I introduced, together with my So all obstructionists to peace in girls are violated. good friend and distinguished colleague, Mr. Darfur, regardless of their association, So today we give voice to the voice- CHABOT. This bipartisan legislation condemns, must ultimately be held to account. It less. Today we speak up for those who in the strongest terms, the attacks on African is particularly appropriate that we are are often overlooked and ask that in Union peacekeepers that occurred in considering this resolution as Darfur this country we do all within our power Haskanita, Darfur, Sudan, on September 29, peace talks are getting under way in to stop the rape and sexual violence 2007 Tripoli, Libya because, despite the best against the women of the Darfur re- I would like to thank the Chairman and the of intentions, the international com- gion. Ranking Member of the Full Committee, Mr. munity cannot impose peace on Darfur. I would like to add my support to the LANTOS and Ms. ROS-LEHTINEN, and of the The burden is on the Sudanese them- other pieces of Darfur legislation dis- subcommittee on Africa and Global Health, selves to find a lasting political settle- cussed today and applaud all the Mr. PAYNE and Mr. SMITH, for their support ment. The time for Khartoum and the groups who have truly been on the and co-sponsorship of this important bill. Let rebel factions to roll up their sleeves front line of this issue, particularly the me also thank my 55 colleagues who co-spon- and get to work toward that end is long students, who have been so passionate sored this legislation.

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Since 2003, we have witnessed a system- Along with my colleagues Mr. CHABOT, who rebel groups left seven Nigerian peacekeepers atic campaign of displacement, starvation, joins me as the lead Republican cosponsor of and three other peacekeepers from Mali, Sen- rape, mass murder, and terror in the western this legislation, and Mr. SMITH, I had the op- egal and Botswana dead. Seven others were Sudanese region of Darfur. In the worst hu- portunity to meet with government officials, wounded and 50 peacekeepers went missing. manitarian crisis of our time, an estimated civil society leaders, international aid workers, This is the worst attack against the AU mis- 400,000 people have been killed in Darfur by and affected civilians, as well as with the Afri- sion since it was first deployed in July 2004. the Government of Sudan and its Janjaweed can Union peacekeepers responsible for pro- And the suffering of those in the village did allies. An additional 2,000,000 people have tecting Darfur. I saw first hand the immense not end with this violent assault. The Armed been displaced from their homes and liveli- suffering of the people of Darfur, as well as Forces of Sudan (SAF) moved into the village hoods. Both the House of Representatives the enormous strain on the courageous but on October 6, reportedly to ‘‘secure’’ the area and the Senate declared that the atrocities in outnumbered AU peacekeepers. and facilitate the evacuation of the AU peace- Darfur constitute genocide in July 2004, and Mr. Speaker, I strongly condemn recent at- keepers. Three days later the village was the Bush administration reached the same tacks on African Union peacekeepers. This burned to the ground and 15,000 people were conclusion in September 2004. legislation also expresses the condolences of displaced. Although there has been no official However, three years later, the situation in this House to the people and Governments of statement as to who is responsible for the de- Darfur continues to deteriorate. The United Nigeria, Mali, Senegal, and Botswana, the struction of the village, U.N. officials have Nations reported a substantial decline in the families and friends of those individuals who quietly pointed the finger at the SAF. humanitarian situation during the first three were killed or missing in the attacks, and ex- Although diplomatic activity on Sudan has months of 2007, during which time 21 humani- presses its sympathies to those individuals intensified in recent weeks, and talks on the tarian vehicles were hijacked, 15 additional ve- who have been injured. It expresses the soli- Darfur conflict began in Libya on October hicles were looted, and gunmen raided 6 hu- darity of the people and Government of the 27th, there is little reason for optimism that a manitarian compounds. The security situation United States with the African Union and the peaceful solution to the Darfur tragedy is any- makes it extremely difficult for aid organiza- African Union peacekeepers as they recover where in sight. Several of the rebel groups are tions to reach vulnerable populations, and, in from these attacks, and the readiness of Con- refusing to participate in the Libya talks. The the 12 months preceding April 2007, the num- gress to support efforts to bring to justice U.N. Special Envoy for Darfur, Jan Eliasson, ber of humanitarian relief workers in Darfur those individuals responsible for the attacks and his African Union counterpart, Salim A. decreased by 16 percent, largely due to secu- and efforts to detect, pursue, disrupt, and dis- Salim, who are leading this negotiation effort, rity concerns, restrictions on access, and fund- mantle the networks that plan and carry out have a Herculean task ahead of them. They ing limitations. The flow of humanitarian aid such attacks. will need all the help that we can provide has been severely threatened by the esca- This legislation also looks forward, to the them, and it is critical that this Congress con- lating violence in the region. process of bringing about a peace settlement tinue to highlight the tragedy of what is occur- Since 2004, a small contingent of African for Darfur. Crucial though effective peace- ring in Darfur and seek every means to bring Union peacekeepers have been deployed to keeping forces are, they are no substitute for about a just and enduring peace. Darfur, responsible for maintaining security in a serious and sustained peace process. Con- I therefore thank my colleague Ms. JACK- a region roughly the size of France. The 7,000 sequently, this bill also expresses its support SON-LEE for introducing this resolution, which peacekeepers under the banner of the African for the people of Darfur, Sudan, in their contin- also expresses the readiness of the House of Union Mission in Sudan, or AMIS, have dis- ued struggle against extremism and violence Representatives to support efforts to bring played exemplary courage and resilience, but and support for their efforts to secure a per- those individuals responsible for the attacks to they are woefully outmanned and outgunned, manent peace, justice, and return to their re- justice and to dismantle the networks that as well as chronically short of funding. Recog- stored villages and homes, and it encourages carry out such attacks. I strongly urge my col- nizing the near-collapse of the AU Mission, the all parties involved in the conflict to commit to leagues in the House to support this resolu- United Nations, in July 2007, approved a UN- negotiate a fmal and binding peace agreement tion. AU hybrid peacekeeping mission, to be known at the peace talks, which began on October Mr. TANNER. Mr. Speaker, I have no as UNAMID, which is meant to take over from 27, 2007, in Tripoli, Libya. further requests for time, so I am AMIS shortly. Early reports from these negotiations have pleased to yield back the balance of my The AMIS peacekeeping mission recently not been promising. With key rebel groups time. encountered yet another significant setback. boycotting the peace talks, media reports indi- The SPEAKER pro tempore. The On September 29, 2007, an estimated 1,000 cate that mediators will now have to travel to question is on the motion offered by members of a heavily armed Darfur rebel Darfur to meet with rebel leaders before actual the gentleman from Tennessee (Mr. group, in 30 vehicles armed with heavy artil- peace agreements can be reached. Despite TANNER) that the House suspend the lery and mortars, overran a small base in these setbacks, U.N. Special Envoy Jan rules and agree to the resolution, H. Haskanita, Darfur, Sudan, which was occupied Eliasson has maintained optimism, saying yes- Res. 740, as amended. by AMIS peacekeepers. The ambush resulted terday ‘‘I refuse to state that the peace proc- The question was taken; and (two- in several hours of intense fighting that killed ess is interrupted.’’ thirds being in the affirmative) the 10 peacekeepers—7 Nigerian peacekeepers Mr. Speaker, as United States foreign policy rules were suspended and the resolu- and 3 other soldiers from Mali, Senegal, and remains centered on the highly partisan de- tion, as amended, was agreed to. Botswana—and wounded many others. bate over Iraq, we cannot allow Darfur to slip A motion to reconsider was laid on According to U.N. estimates, in the after- through the cracks. I thank the over 40 of my the table. math of this brutal attack, which was de- colleagues who have joined me in cospon- f scribed by the African Union commander as soring this important resolution, which reiter- RECOGNIZING THE RELIGIOUS AND ‘‘deliberate and sustained,’’ 15,000 civilians ates that attacks on African Union peace- HISTORICAL SIGNIFICANCE OF fled the area to neighboring towns or the wil- keepers in Darfur are unacceptable. Despite THE FESTIVAL OF DIWALI derness, fearing for their safety. This attack is the setbacks experienced at this weekend’s considered to be the worst on AMIS peace- peace talks in Libya, I believe it is important Mr. TANNER. Mr. Speaker, I move to keepers since their deployment in July 2004. that we condemn the attacks of recent weeks, suspend the rules and agree to the reso- The United Nations Security Council con- and look forward to the construction of a last- lution (H. Res. 747) recognizing the reli- demned this ‘‘murderous attack’’ on AMIS ing peace for Darfur. gious and historical significance of the peacekeepers, and demanded that ‘‘no effort I strongly urge my colleagues to join me in festival of Diwali. be spared’’ to identify and bring to justice the supporting this legislation. The Clerk read the title of the resolu- perpetrators of this assault. Mr. SMITH of New Jersey. Mr. Speaker, I tion. Only recently, during the August recess, I rise in support of H. Res. 740 which con- The text of the resolution is as fol- had the opportunity to lead a Congressional demns the armed attack against African Union lows: Delegation (CODEL) to Darfur. This was the troops that took place on the remote south- H. RES. 747 first CODEL to the region since the announce- eastern settlement of Haskanita, Darfur pre- Whereas Diwali, a festival of great signifi- ment of the joint UN/AU peacekeeping force. cisely one month ago. This horrific attack by cance to Indian Americans and the people of

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Mr. Speak- Whereas the word ‘‘Diwali’’ is a shortened and Jains throughout the world, par- version of the Sanskrit term ‘‘Deepavali’’, ticularly by Indians and Indian Ameri- er, as the proud sponsor of House Resolution which means ‘‘a row of lamps’’; cans. 747, I am pleased that this legislation recog- Whereas Diwali is a festival of lights, dur- With more than 2 million devotees of nizing the religious and historical significance ing which celebrants light small oil lamps, these faiths in our country, this resolu- of the festival of Diwali has been brought to place them around the home, and pray for tion honors this holiday and those who the floor today for consideration. health, knowledge, and peace; cherish its message. Whereas celebrants of Diwali believe that There are few religious holidays that Celebrated by the people of India, the In- the rows of lamps symbolize the light within are celebrated by a multitude of faiths, dian Diaspora and the nearly two million Hin- the individual that rids the soul of the dark- and it is a tribute to the diversity of dus, Sikhs, Buddhists, and Jains who call ness of ignorance; India and to our country that we have America their home, the Diwali festival is a Whereas Diwali, falling on the last day of five day event held in the fall that celebrates the last month in the lunar calendar, is cele- such a rich religious heritage in our so- brated as a day of thanksgiving and the be- cieties. By celebrating Diwali, we also the values of kinship, knowledge, and good- ginning of the new year for many Hindus; are celebrating this diversity, a shared ness. It signifies the triumph of good over evil Whereas for Hindus, Diwali is a celebration value that has brought the United and light over darkness. This is commonly of the victory of good over evil; States and India closer together represented by individuals lighting oil lamps Whereas for Sikhs, Diwali is feted as the through the years. and placing them outside their homes. day that the sixth founding Sikh Guru, or re- Much has been said about our two My resolution acknowledges the inter- vered teacher, Guru Hargobind ji, was re- countries being natural partners in leased from captivity from the ruling national, religious, and historical importance of Mughal Emperor; and this world; and the importance of hav- the festival of Diwali as well as the religious Whereas for Jains, Diwali marks the anni- ing multi-ethnic, multi-cultural and, diversity in India, the United States, and versary of the attainment of moksha or lib- indeed, multi-religious societies cannot throughout the world. It shows our support for be overemphasized. eration by Mahavira, the last of the the strong and growing partnership and dia- Tirthankaras, who were the great teachers of For these reasons, I look forward to Jain dharma, at the end of his life in 527 celebrating this festival and strongly logue in international efforts between the B.C.: Now, therefore, be it support the resolution. United States and India. Lastly, it recognizes Resolved, That the House of Representa- Mr. Speaker, I reserve the balance of the importance of Indian Americans—a strong tives— my time. and vibrant immigrant community. (1) during this time of celebration, in order Ms. ROS-LEHTINEN. Mr. Speaker, I As co-chair of the Congressional Caucus on to demonstrate support for Indian Americans am proud to yield myself such time as and the Indian Diaspora throughout the India and Indian Americans, as well as a life- world, recognizes Diwali as an important fes- I may consume. long supporter and admirer of the Indian tival; Mr. Speaker, I rise in support of American community, I am grateful for the op- (2) acknowledges the international reli- House Resolution 747, which recognizes portunity to show my appreciation. My father gious and historical importance of the fes- the significance of the festival of served in India during WorId War II, and he tival of Diwali; Diwali. told me how entrepreneurial and competent (3) recognizes and appreciates the religious I want to extend my appreciation to the people of India are. I call on my col- diversity in both India and the United States the gentleman from South Carolina leagues here in the House of Representatives and throughout the world; (Mr. WILSON) for his leadership on this (4) acknowledges and supports the new re- issue and so many issues that are af- to do the same for the citizens of India, a stra- lationship of collaboration and dialogue in tegic and economic ally. international efforts between the United fecting U.S. relations with India and States and India; and Indian Americans. I would like to commend Ishani Chowdhury (5) in observance of and out of respect for Mr. Speaker, as my colleagues know with the Hindu American Foundation, my Chief the start of Diwali, the festival of lights, ac- because of our previous speaker, Diwali of Staff Dino Teppara, my Legislative Assist- knowledges the onset of Diwali and expresses is a major, multi-cultural festival cele- ant Paul Callahan, and Arshi Siddiqui with its deepest respect to Indian Americans and brated in India and everywhere around Speaker NANCY PELOSI’s office for their co- the Indian Diaspora throughout the world on the world. Although often referred to operation and dedication in bringing this im- this significant occasion. as a Hindu festival, Jains, Sikhs and portant resolution to the floor. The SPEAKER pro tempore. Pursu- Buddhists also observe it. Mr. TANNER. Mr. Speaker, I have no ant to the rule, the gentleman from Known as the Festival of Lights, it further requests, so I yield back the Tennessee (Mr. TANNER) and the gen- symbolizes the victory of good over balance of my time. tlewoman from Florida (Ms. ROS- evil, and lamps are lit as a sign of cele- LEHTINEN) each will control 20 minutes. bration and hope for mankind. The SPEAKER pro tempore. The The Chair recognizes the gentleman Diwali is celebrated for 5 consecutive question is on the motion offered by from Tennessee. days in October or November, and it is the gentleman from Tennessee (Mr. GENERAL LEAVE one of the most popular and eagerly TANNER) that the House suspend the Mr. TANNER. Mr. Speaker, I ask awaited festivals in India. This celebra- rules and agree to the resolution, H. unanimous consent that all Members tion presents all of us with the oppor- Res. 747. may have 5 legislative days to revise tunity to reflect on the many ways in The question was taken. and extend their remarks and to in- which people, history and traditions of clude extraneous material on the reso- India, and elsewhere in South Asia, The SPEAKER pro tempore. In the lution under consideration. have contributed to the rich cultural opinion of the Chair, two-thirds being The SPEAKER pro tempore. Is there mosaic that is the United States of in the affirmative, the ayes have it. objection to the request of the gen- America. It also reminds us again that Mr. TANNER. Mr. Speaker, on that I tleman from Tennessee? America’s extraordinary diversity is demand the yeas and nays. There was no objection. one of our Nation’s most enduring The yeas and nays were ordered. Mr. TANNER. Mr. Speaker, I yield strengths. myself such time as I may consume. I was proud to sponsor a similar reso- The SPEAKER pro tempore. Pursu- Our colleague and my friend, Mr. lution in the 109th Congress, House ant to clause 8 of rule XX and the WILSON of South Carolina, introduced Resolution 584, which also recognizes Chair’s prior announcement, further this resolution that seeks to recognize the significance of this important fes- proceedings on this motion will be the significance of the festival of tival of Diwali. postponed.

VerDate Mar 15 2010 12:43 Aug 20, 2010 Jkt 059102 PO 00000 Frm 00018 Fmt 0688 Sfmt 0634 E:\BR07\H29OC7.000 H29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28562 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 October 29, 2007 b 1545 Mr. Speaker, I rise today in strong whether through losing a loved one, as SUPPORTING THE OBSERVANCE OF support of H. Con. Res. 230, a resolution I did, or going through the pain of BREAST CANCER AWARENESS supporting the observance of Breast chemotherapy and a long recovery, as MONTH Cancer Awareness Month. As an origi- millions of individuals have done. nal cosponsor of this resolution, I am I introduced this resolution to sup- Ms. BALDWIN. Mr. Speaker, I move proud to speak out in favor of greater port the breast cancer education and to suspend the rules and agree to the support for breast cancer awareness outreach efforts that have taken place concurrent resolution (H. Con. Res. 230) and prevention. Through my work with this October. We all know that every 3 supporting the observance of Breast Congresswoman SUE MYRICK in reau- minutes, a woman is diagnosed with Cancer Awareness Month, and for other thorizing the National Breast and Cer- breast cancer and that this is the lead- purposes. vical Cancer Early Detection Program, ing cause of death among women be- The Clerk read the title of the con- I am well aware of the challenges that tween the ages of 15 and 54. However, if current resolution. lie ahead in preventing and ultimately this disease is detected early, the The text of the concurrent resolution breast cancer survival rate is 98 per- is as follows: finding a cure for breast cancer. As my colleagues may know, breast cent. H. CON. RES. 230 cancer is the leading cause of death Congress must continue to promote Whereas every 3 minutes a woman is diag- among women between the ages of 45 breast cancer awareness and support nosed with breast cancer; efforts to defeat this disease. My reso- Whereas another 180,510 new cases of breast and 54. Many of us have witnessed a family member or a friend struggle lution expresses support for the obser- cancer are expected to be diagnosed in the vation of Breast Cancer Awareness United States in 2007; with the devastating effects of breast Whereas breast cancer is the leading cause cancer. We must ensure that these Month, which is this month of October. of death among women between the ages of women do not suffer alone. The resolution provides a special op- 45 and 54; With this resolution, we affirm our portunity to offer education on the im- Whereas 1 out of every 8 women who live to solidarity with the 2 million-plus portance of monthly breast self-exami- the age of 85 will develop breast cancer in breast cancer survivors as we seek to nations and annual mammograms. My her lifetime; find a cure for this and other cancers. resolution also salutes the 2.4 million Whereas the survival rate of women who breast cancer survivors in the United have breast cancer is 98.1 percent when de- We also pay tribute to the volunteers and health care professionals who work States and the efforts of victims, vol- tected in the early stages; unteers and professionals who combat Whereas mammograms and monthly breast to combat breast cancer every day. self-examinations are the key components of H. Con. Resolution 230 supports the breast cancer every day. Finally, this measure applauds the early detection; and observance of Breast Cancer Awareness national and community organizations Whereas observing a Breast Cancer Aware- Month, a time to reemphasize the im- for their work in promoting awareness ness Month would provide a special oppor- portance of monthly breast self-exami- about breast cancer. A woman’s risk tunity to offer education on the importance nations and annual mammograms. As of monthly breast self-examinations and an- for developing breast cancer increases in the case of many diseases, early de- nual mammograms: Now, therefore, be it if family members have a history of tection goes a long way toward ensur- Resolved by the House of Representatives (the breast cancer, particularly at an early ing survival. As many of my colleagues Senate concurring), That Congress— age. However, 85 percent of women who (1) supports the observance of Breast Can- know, approximately 98 percent of develop breast cancer have no known cer Awareness Month in order to provide a women who are able to detect breast special opportunity to offer education on the family history of the disease. cancer in its most early stage survive. It cannot be stressed enough that importance of monthly breast self-examina- We must use this opportunity to edu- tions and annual mammograms; early detection is the best chance for (2) salutes the more than 2.4 million breast cate women, all women, to ensure that survival of a person who has a breast cancer survivors in the United States and they take the necessary steps to pro- cancer diagnosis. Women must take the efforts of victims, volunteers, and profes- tect themselves from this potentially care of their health and be aware of sionals who combat breast cancer each day; fatal disease. their risk factors, perform self-exami- (3) recognizes and applauds the national I also rise to pay tribute to our friend nations and get annual checkups. and community organizations for their work and our colleague, Congresswoman Jo While breast cancer predominately af- in promoting awareness about breast cancer, Ann Davis, who lost her life to breast providing information, and offering treat- fects women, we are regularly re- cancer earlier this month. We are re- minded that a significant number of ment to its sufferers; and minded that breast cancer can strike (4) urges organizations and health practi- men are diagnosed with breast cancer tioners to use this opportunity to promote anyone. This resolution also expresses each year. awareness about breast cancer, to support our gratitude to national and commu- My colleague, Ms. BALDWIN, men- monthly self-examinations, and to encourage nity organizations, such as the Susan tioned Jo Ann Davis. Jo Ann Davis cer- annual mammograms. G. Komen Breast Cancer Foundation, tainly was a very, very brave lady who The SPEAKER pro tempore. Pursu- that have made us all aware of the fought breast cancer. Actually, she ant to the rule, the gentlewoman from power of the pink ribbon, been on the fought it twice. She won the first time, Wisconsin (Ms. BALDWIN) and the gen- forefront in raising awareness about and it came back. We all remember her tlewoman from Florida (Ms. GINNY this disease and provided information in this Chamber and we remember her BROWN-WAITE) each will control 20 to better understand this disease. desire to make sure that a cure is minutes. I also want to thank my colleague found. If Jo Ann Davis were here today, The Chair recognizes the gentle- Representative GINNY BROWN-WAITE she would not only vote in favor of woman from Wisconsin. and the Congressional Caucus for Wom- this, but she also would be speaking on GENERAL LEAVE en’s Issues for their leadership on this behalf of it. Ms. BALDWIN. Mr. Speaker, I ask resolution, and I urge my colleagues to Mr. Speaker, I want to thank Rep- unanimous consent that all Members join me in support of its adoption. resentative BALDWIN and the 129 Mem- have 5 legislative days to revise and ex- Mr. Speaker, I reserve the balance of bers who co-signed this very important tend their remarks and include extra- my time. piece of legislation with me. I certainly neous material on the resolution now Ms. GINNY BROWN-WAITE of Flor- urge all Members to support H. Con. under consideration. ida. Mr. Speaker, I am proud to offer Res. 230 to ensure that the House con- The SPEAKER pro tempore. Is there my resolution on the House floor tinues to bring awareness to this im- objection to the request of the gentle- today, House Concurrent Resolution portant issue. woman from Wisconsin? 230, supporting the observance of With that, Mr. Speaker, I yield back There was no objection. Breast Cancer Awareness Month. the balance of my time. Ms. BALDWIN. Mr. Speaker, I yield The effects of breast cancer have Ms. BALDWIN. Mr. Speaker, in clos- myself such time as I may consume. touched almost every American, ing, I urge my colleagues to support

VerDate Mar 15 2010 12:43 Aug 20, 2010 Jkt 059102 PO 00000 Frm 00019 Fmt 0688 Sfmt 0634 E:\BR07\H29OC7.000 H29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 29, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 28563 this very important resolution. Observ- Mr. LARSON of Connecticut. Mr. Speaker, SEC. 2. REHABILITATION AND REPAIR OF DEFI- ing Breast Cancer Awareness Month as this week concludes the National Breast CIENT DAMS. gives us an opportunity to educate the (a) DEFINITIONS.—Section 2 of the National Cancer Awareness Month of October, I rise Dam Safety Program Act (33 U.S.C. 467) is public on the importance of monthly today to reflect on some of the issues that amended— breast self-exams and annual mammo- have been brought to the country’s attention (1) by redesignating paragraphs (3), (4), (5), grams. It also gives us an opportunity over the last 30 days. (6), (7), (8), (9), (10), (11), (12), and (13) as para- to salute those who work every day in According to the National Cancer Institute graphs (4), (5), (6), (7), (8), (9), (10), (12), (13), raising awareness about breast cancer there have been over 180,000 new cases of (14), and (15), respectively; and our health care professionals who breast cancer among men and women and (2) by inserting after paragraph (2) the fol- work with patients to fight it. nearly 50,000 deaths in the United States this lowing: Again, I want to commend the work ‘‘(3) DEFICIENT DAM.—The term ‘deficient year. Breast Cancer disproportionately affects dam’ means a dam that the State within the of my colleague, Representative GINNY women and is the second leading cause of boundaries of which the dam is located deter- BROWN-WAITE, for her work on this im- death for American women. mines— portant issue, and I urge all my col- Mrs. Priscilla Davis from Hartford, Con- ‘‘(A) fails to meet minimum dam safety stand- leagues to join me in supporting this necticut, a constituent as well as the mother of ards of the State; and resolution. a member of my staff, was diagnosed with ‘‘(B) poses an unacceptable risk to the pub- Mr. COSTELLO. Mr. Speaker, I rise today in breast cancer in 2006. Her story is an all too lic.’’; and (3) by inserting after paragraph (10) (as redes- support of H. Con. Res. 230, a resolution sup- familiar one—a story of fear and confusion on porting the observance of Breast Cancer ignated by paragraph (1)) the following: one hand, and courage, strength and hope on ‘‘(11) REHABILITATION.—The term ‘rehabilita- Awareness Month. This resolution provides a the other. Thankfully, Priscilla’s breast cancer tion’ means the repair, replacement, reconstruc- special opportunity to increase awareness on was detected early and treated before it was tion, or removal of a dam that is carried out to the importance of regular self-examinations, too late. Sadly, as the statistics show, many meet applicable State dam safety and security as early detection is the key to increasing sur- women are not as fortunate. standards.’’. vival rates. Research, education, and awareness are (b) PROGRAM FOR REHABILITATION AND RE- This is also an occasion on which we can essential in curbing the mortality rates of PAIR OF DEFICIENT DAMS.—The National Dam recognize the more than 2.4 million breast Safety Program Act is amended by inserting breast cancer. I would like to commend orga- after section 8 (33 U.S.C. 467f) the following: cancer survivors and remember those who are nizations like the American Cancer Society no longer with us on account of this deadly ‘‘SEC. 8A. REHABILITATION AND REPAIR OF DEFI- and the Susan Komen Foundation for their CIENT DAMS. disease. This past October, survivors and ac- commitment to making us aware of the symp- ‘‘(a) ESTABLISHMENT OF PROGRAM.—The Di- tivists have reminded us why it is so important toms of breast cancer and for their advocacy rector shall establish, within FEMA, a program to support research throughout the entire year on behalf of the women and families who have to provide grant assistance to States for use in to find a cure for breast cancer. been affected by this deadly disease. rehabilitation of publicly-owned deficient dams. In this country, this disease strikes 1 woman Mr. Speaker, on behalf of the women and ‘‘(b) AWARD OF GRANTS.— ‘‘(1) APPLICATION.—A State interested in re- every 3 minutes, and it is the leading cause of men across the country who share Priscilla death among women ages 45 to 54. The num- ceiving a grant under this section may submit to Davis’s story and in honor of those who have the Director an application for such grant. Ap- bers are staggering—we simply must continue lost their lives to the disease, I ask my col- to adequately fund research and ensure that plications submitted to the Director under this leagues to join me in carrying forward what we section shall be submitted at such times, be in services and treatments are accessible to learned during this year’s National Breast such form, and contain such information, as the those who need them. Cancer Awareness Month in the hope that Director may prescribe by regulation. Mr. Speaker, in honor of those who have during the next one we will also have cause ‘‘(2) IN GENERAL.—Subject to the provisions of fought a courageous battle with breast cancer, to celebrate a cure. this section, the Director may make a grant for I ask my colleagues to join me in supporting Ms. BALDWIN. Mr. Speaker, I have rehabilitation of a deficient dam to a State that submits an application for the grant in accord- this resolution. no further requests for time and yield Mr. SHULER. Mr. Speaker, I rise today in ance with the regulations prescribed by the Di- back the balance of my time. rector. The Director shall enter into a project strong support of H. Con. Res. 230, observing The SPEAKER pro tempore. The Breast Cancer Awareness Month. I offer my grant agreement with the State to establish the question is on the motion offered by terms of the grant and the project, including the thoughts and prayers to those who have lost the gentlewoman from Wisconsin (Ms. amount of the grant. family members to breast cancer, and offer BALDWIN) that the House suspend the ‘‘(3) APPLICABILITY OF STANDARDS.—The Di- hope and encouragement to those who are rules and agree to the concurrent reso- rector shall require States that apply for grants currently battling the disease. lution, H. Con. Res. 230. under this section to comply with the standards Breast cancer is the leading cause of death The question was taken; and (two- of section 611(j)(9) of the Robert T. Stafford Dis- among women aged 45 to 54, and 1 out of 8 aster Relief and Emergency Assistance Act (42 thirds being in the affirmative) the U.S.C. 5196(j)(9)), as in effect on the date of en- women will be diagnosed with the disease rules were suspended and the concur- over the course of their lifetime. It is expected actment of this section, with respect to projects rent resolution was agreed to. assisted under this section in the same manner that over 180,000 new cases of breast cancer A motion to reconsider was laid on as recipients are required to comply in order to will be diagnosed in 2007 alone. the table. receive financial contributions from the Director Fortunately, there is hope. When breast f for emergency preparedness purposes. cancer is detected at early stages the survival ‘‘(c) PRIORITY SYSTEM.—The Director, in con- rate for women is over 98 percent. Annual DAM REHABILITATION AND sultation with the Board, shall develop a risk- mammograms and monthly self-examinations REPAIR ACT OF 2007 based priority system for use in identifying defi- are essential in detecting breast cancer at Mr. SALAZAR. Mr. Speaker, I move cient dams for which grants may be made under this section. early stages. to suspend the rules and pass the bill Research has significantly increased our un- ‘‘(d) ALLOCATION OF FUNDS.—The total (H.R. 3224) to amend the National Dam amount of funds appropriated pursuant to sub- derstanding of breast cancer. While there is Safety Program Act to establish a pro- section (f)(1) for a fiscal year shall be allocated still no cure for breast cancer, researchers gram to provide grant assistance to for making grants under this section to States have identified key risk factors for the disease. States for the rehabilitation and repair applying for such grants for that fiscal year as I applaud the national and community orga- of deficient dams, as amended. follows: nizations that promote awareness of breast The Clerk read the title of the bill. ‘‘(1) One-third divided equally among apply- cancer, offer support to those that are battling The text of the bill is as follows: ing States. ‘‘(2) Two-thirds among applying States based the disease, and provide information about H.R. 3224 early detection. It is imperative that these or- on the ratio that— Be it enacted by the Senate and House of Rep- ‘‘(A) the number of non-Federal publicly- ganizations continue their work to educate resentatives of the United States of America in owned dams that the Secretary of the Army women about the disease and encourage Congress assembled, identifies in the national inventory of dams monthly self-exams and annual mammograms. SECTION 1. SHORT TITLE. maintained under section 6 as constituting a I ask my colleagues to join me in observing This Act may be cited as the ‘‘Dam Rehabili- danger to human health and that are located Breast Cancer Awareness Month. tation and Repair Act of 2007’’. within the boundaries of the State; bears to

VerDate Mar 15 2010 12:43 Aug 20, 2010 Jkt 059102 PO 00000 Frm 00020 Fmt 0688 Sfmt 6333 E:\BR07\H29OC7.000 H29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28564 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 October 29, 2007 ‘‘(B) the number of non-Federal publicly- This bill is direct, quite simple, and Mr. Speaker, this is an important owned dams that are so identified and that are will go a long way to mitigate signifi- issue throughout the country in areas located within the boundaries of all applying cant hazards to our communities. with numerous old and abandoned States. First, the bill adds ‘‘deficient dam’’ and dams. Too often, the 19th century com- ‘‘(e) COST SHARING.—The Federal share of the cost of rehabilitation of a deficient dam for ‘‘rehabilitation’’ to the definition sec- panies that built the dams no longer which a grant is made under this section may tion of the Dam Safety Act and thus exist and local governments are left not exceed 65 percent of the cost of such reha- makes this category of dams eligible with orphaned dams in their jurisdic- bilitation. for funding for rehabilitation. Second, tion. These downstream communities ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— the bill directs the administrator of have a responsibility to protect their ‘‘(1) IN GENERAL.—There is authorized to be FEMA to establish within FEMA a pro- population, but they rarely have the appropriated to carry out this section— ‘‘(A) $10,000,000 for fiscal year 2008; gram to provide grant assistance to tax base or revenue to repair the fail- ‘‘(B) $15,000,000 for fiscal year 2009; States for use in rehabilitation of pub- ing dams. ‘‘(C) $25,000,000 for fiscal year 2010; licly owned deficient dams. The grants Mr. Speaker, I yield back the balance ‘‘(D) $50,000,000 for fiscal year 2011; and will be awarded so that each State will of my time. ‘‘(E) $100,000,000 for fiscal year 2012. get an equal share of one-third of the Mr. SALAZAR. I want to thank the ‘‘(2) STAFF.—There are authorized to be ap- total amount, while the remaining gentleman from Arkansas for his lead- propriated to provide for the employment of two-thirds will be awarded by risk. The ership also on transportation issues. such additional staff of FEMA as are necessary This is a very important piece of legis- to carry out this section $400,000 for each of fis- Federal cost share is capped at 65 per- cal years 2008 through 2010. cent. lation. Mr. Speaker, this legislation ‘‘(3) PERIOD OF AVAILABILITY.—Sums appro- The program’s goal is to reduce the has strong bipartisan support and out- priated pursuant to this section shall remain risks to life and property by estab- side groups, including the Association available until expended.’’. lishing an effective national dam safe- of State Dam Safety Officials, Amer- SEC. 3. RULEMAKING. ty rehabilitation program that utilizes ican Rivers, the American Society of (a) PROPOSED RULEMAKING.—Not later than the resources and expertise of the Fed- Civil Engineers and the Associated 90 days after the date of enactment of this Act, eral and non-Federal communities to General Contractors, who all have en- the Director of the Federal Emergency Manage- achieve the reduction of dam safety dorsed this important piece of legisla- ment Agency shall issue a notice of proposed tion. rulemaking regarding the amendments made by hazards. In other words, one of the pri- section 2 to the National Dam Safety Program mary purposes of the Dam Rehabilita- I want to thank the gentleman from Act (33 U.S.C. 467 et seq.). tion and Repair Act of 2007 is to pro- New York, Mr. RANDY KUHL, for work- (b) FINAL RULE.—Not later than 120 days vide financial assistance to the States ing with us on this critical bill, as well after the date of enactment of this Act, the Di- for strengthening their dam safety pro- as other committee members of the rector of the Federal Emergency Management grams. Transportation Committee who have Agency shall issue a final rule regarding such Mr. Speaker, I support this bill and supported this bill as well. I would urge amendments. urge its passage. my colleagues to swiftly pass H.R. 3224. The SPEAKER pro tempore. Pursu- I reserve the balance of my time. Mr. OBERSTAR. Madam Speaker, I rise in ant to the rule, the gentleman from Mr. BOOZMAN. Mr. Speaker, I yield strong support of H.R. 3224, as amended, a Colorado (Mr. SALAZAR) and the gen- myself such time as I may consume. bill to further enhance the safety of and bring tleman from Arkansas (Mr. BOOZMAN) Mr. Speaker, H.R. 3224 amends the to a state of good repair our Nation’s aging each will control 20 minutes. National Dam Safety Program Act to dam infrastructure. This important bill has The Chair recognizes the gentleman establish a program to provide grant broad bipartisan support. from Colorado. assistance to States for the rehabilita- I commend the gentleman from Colorado GENERAL LEAVE tion and repair of deficient dams. (Mr. SALAZAR) and the gentleman from New Mr. SALAZAR. Mr. Speaker, I ask I would like to commend Congress- York (Mr. KUHL) for introducing this legislation unanimous consent that all Members man RANDY KUHL for his steadfast and for their strong support. I would also like have 5 legislative days within which to leadership on this issue. He was the to thank Subcommittee Chairwoman NORTON revise and extend their remarks and in- original sponsor of similar legislation for her leadership and for diligently guiding the clude extraneous material on H.R. 3224. this year, and he was instrumental in work of the Subcommittee on the issue of dam The SPEAKER pro tempore. Is there the reauthorization of the National safety and rehabilitation. objection to the request of the gen- Dam Safety Program last year. I would During a May 8, 2007 hearing, the Sub- tleman from Colorado? also like to thank Mr. SALAZAR, again, committee on Economic Development, Public There was no objection. for his leadership in this issue also. Buildings, and Emergency Management re- Mr. SALAZAR. Mr. Speaker, I yield This bill would authorize a program ceived compelling testimony about the need to myself such time as I may consume. at the Federal Emergency Management rehabilitate our Nation’s dams. The statements Mr. Speaker, many people are not Agency to provide funding for repairs of witnesses reinforced some troubling statis- aware that there are approximately to publicly owned dams that would tics. There are approximately 80,000 dams in 80,000 dams in the United States; and, pose a direct risk to human life if they the United States; of these, approximately of these, the Association of State Dam failed. The number of unsafe dams has 10,000 dams are considered to have high-haz- Safety Officials has identified 3,500 risen by 80 percent since 1998 to more ard potential, meaning their failure could result dams that are considered deficient or than 3,200. in loss of life or severe property damage. unsafe. In my State of Colorado, we From 2000 to 2006, the number of high-haz- 1600 have over 1,800 dams. Of those, 131 are b ard dams increased by almost 20 percent. high hazard public dams, and an addi- This grant program would fund re- Further, States have identified approxi- tional 19 dams are deficient. The State pairs of the most critical dams, which mately 3,400 dams as currently deficient or has determined that they are in serious the Association of State Dam Safety unsafe. These dams have been identified as need of repair. officials estimates is a $10 billion need having hydrologic or structural deficiencies Without proper maintenance, these over the next 12 years. Dams require that make them susceptible to failure triggered dams are an obvious threat to public ongoing maintenance, monitoring, and by a storm, an earthquake, progressive dete- safety. It is critical that we help to en- rehabilitation. Many States are unable rioration, or inadequate maintenance. sure the safety and security of these to fund necessary repairs to publicly Since 1972, Congress has helped to miti- dams. H.R. 3224, introduced by myself owned dams without assistance from gate the risk of dam failure by establishing a and the gentleman from New York, Mr. the Federal Government. This new pro- program to provide technical and financial as- RANDY KUHL, is a bill that does help to gram will provide assistance up to 65 sistance to States for dam safety. Through the ensure such safety and security by ad- percent of the cost of the repairs. H.R. National Dam Safety Program, the Federal dressing rehabilitation and repair of 3224 authorizes the program for 5 years government has helped to increase the level safety-deficient State-owned dams. at $200 million. of knowledge and preparedness to prevent

VerDate Mar 15 2010 12:43 Aug 20, 2010 Jkt 059102 PO 00000 Frm 00021 Fmt 0688 Sfmt 9920 E:\BR07\H29OC7.000 H29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 29, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 28565 and mitigate the effects of dam failures across (3) STAFFORD ACT.—The term ‘‘Stafford may use, if requested by a State or local gov- the country. Dam safety inspections have in- Act’’ means the Robert T. Stafford Disaster ernment or the owner or operator of a pri- creased significantly and greater direct assist- Relief and Emergency Assistance Act (42 vate nonprofit facility, section 422 of the U.S.C. 5121 et seq.). Stafford Act (42 U.S.C. 5189) for a project for ance has been provided for training State offi- SEC. 3. SPECIAL RULES FOR COVERED HURRI- which the Federal estimate of the cost is less cials and providing technical seminars and CANE DAMAGES. than $100,000. workshops. (a) IN LIEU CONTRIBUTIONS.—In providing (f) USE OF TEMPORARY HOUSING UNITS TO H.R. 3224 builds on this successful program contributions under section 406(c) of the PROVIDE HOUSING TO VOLUNTEERS.— and authorizes the Administrator of the Fed- Stafford Act (42 U.S.C. 5172(c)) for covered (1) IN GENERAL.—In providing assistance eral Emergency Management Agency hurricane damages, the President shall sub- under title IV of the Stafford Act (42 U.S.C. (‘‘FEMA’’) to provide grants for the rehabilita- stitute 90 percent for the otherwise applica- 5170 et seq.) for covered hurricane damages, ble percentage specified in paragraphs (1)(A) the President may provide temporary hous- tion and repair of publicly-owned dams. States and (2)(A) of such section. must provide at least 35 percent of the funds ing units purchased under section 408 of the (b) PARTICIPATION IN PILOT PROJECTS.—The Stafford Act (42 U.S.C. 5174) to State and necessary to rehabilitate a dam. While all States of Louisiana and Mississippi and local local governments and appropriate private States are eligible to apply, grants will be dis- governments in such States shall be eligible nonprofit entities for the purpose of pro- tributed after prioritization by the Administrator, to participate in the pilot program estab- viding housing to volunteers assisting in the lished by section 689j of the Department of along with the National Dam Safety Review recovery from such damages. Homeland Security Appropriations Act, 2007 (2) FEASIBILITY DETERMINATION.—The Presi- Board, of all applications, based on degree of (6 U.S.C. 777) with respect to covered hurri- dent may provide temporary housing units deficiency. cane damages. for the purposes described in paragraph (1) The bill is a necessary step in the right di- (c) ALTERNATIVE DISPUTE RESOLUTION PRO- only if the President determines that such rection to upgrade our Nation’s aging dam in- CEDURES.— assistance is appropriate, cost effective, and frastructure. (1) IN GENERAL.—Notwithstanding section 423 of the Stafford Act (42 U.S.C. 5189a) or would not unduly interfere with the ability I urge my colleagues to join me in sup- of the Federal Emergency Management porting H.R. 3224. any regulation, the President is authorized and encouraged to use alternative dispute Agency to provide housing for individuals Mr. SALAZAR. Madam Speaker, I and households with respect to other major yield back the balance of my time. resolution procedures for appeals of deci- sions made under sections 403, 406, and 407 of disasters. The SPEAKER pro tempore (Ms. LO- the Stafford Act (42 U.S.C. 5179b, 5172, and (g) CONTRIBUTIONS FOR PUBLIC FACILITIES RETTA SANCHEZ of California). The 5173) regarding the award or denial of assist- USED TO HOST PUBLIC EVENTS.— question is on the motion offered by ance, or the amount of assistance, provided (1) IN GENERAL.—Notwithstanding sections the gentleman from Colorado (Mr. to a State, local government, or owner or op- 403 and 406 of the Stafford Act (42 U.S.C. SALAZAR) that the House suspend the erator of a private facility for covered hurri- 5170b and 5172), the President may make con- rules and pass the bill, H.R. 3224, as cane damages. tributions to the State of Louisiana for— (2) DENIALS OF REQUESTS.— (A) costs incurred for the repair or restora- amended. tion of a public facility used to host public The question was taken. (A) WRITTEN NOTICE.—If a State, local gov- ernment, or owner or operator of a private events if the facility was damaged as a result The SPEAKER pro tempore. In the of use in conducting response activities for opinion of the Chair, two-thirds being facility requests the use of alternative dis- pute resolution procedures for an appeal pur- Hurricane Katrina or Rita; in the affirmative, the ayes have it. suant to paragraph (1) and the President de- (B) costs incurred because response activi- Mr. PRICE of Georgia. Madam nies the request, the President shall provide ties for Hurricane Katrina or Rita precluded Speaker, on that I demand the yeas to the State, local government, or owner or the normal use of a public facility used to and nays. operator written notice of the denial, includ- host public events; The yeas and nays were ordered. ing the reasons for the denial. (C) costs incurred for necessary materials provided to evacuees of Hurricane Katrina or The SPEAKER pro tempore. Pursu- (B) QUARTERLY REPORTS.—The President ant to clause 8 of rule XX and the shall submit to the Committee on Transpor- Rita in a public facility used to host public events; and Chair’s prior announcement, further tation and Infrastructure of the House of Representatives and the Committee on (D) the reasonable costs of renting or leas- proceedings on this motion will be ing a public facility used to host public postponed. Homeland Security and Governmental Af- fairs of the Senate, on at least a quarterly events that was used for conducting response f basis, a report containing information on activities for Hurricane Katrina or Rita. any denial described in subparagraph (A) (2) LIMITATIONS.— HURRICANES KATRINA AND RITA (A) CONTRIBUTIONS FOR REPAIR AND RES- RECOVERY FACILITATION ACT made by the President during the period cov- ered by the report, including the reasons for TORATION COSTS.—Contributions made under OF 2007 the denial. paragraph (1)(A) shall be limited to repair and restoration costs associated with dam- Ms. NORTON. Madam Speaker, I (3) APPLICABILITY.—Paragraph (1) shall move to suspend the rules and pass the apply to an appeal made by a State, local ages described in paragraph (1)(A) that oc- government, or owner or operator of a pri- curred— bill (H.R. 3247) to improve the provision (i) in the case of damages related to Hurri- of disaster assistance for Hurricanes vate facility within 60 days after the date on which the State, local government, or owner cane Katrina, on or before October 27, 2005; Katrina and Rita, and for other pur- or operator is notified of the decision that is and poses, as amended. the subject of the appeal. (ii) in the case of damages related to Hurri- The Clerk read the title of the bill. (4) REPORT TO CONGRESS.—Not later than cane Rita, on or before November 23, 2005. The text of the bill is as follows: one year after the date of enactment of this (B) CONTRIBUTIONS FOR COSTS INCURRED FOR CANCELLED EVENTS.— H.R. 3247 Act, the President shall submit to the Com- (i) EVENT REQUIREMENTS.—Contributions Be it enacted by the Senate and House of Rep- mittee on Transportation and Infrastructure of the House of Representatives and the made under paragraph (1)(B) shall be limited resentatives of the United States of America in to costs that are documented for an event— Congress assembled, Committee on Homeland Security and Gov- ernmental Affairs of the Senate a report con- (I) for which there was a binding commit- SECTION 1. SHORT TITLE. taining a description of how alternative dis- ment for use of the facility in effect prior to This Act may be cited as the ‘‘Hurricanes pute resolution procedures are being used August 29, 2005; and Katrina and Rita Recovery Facilitation Act pursuant to this subsection and rec- (II) that was scheduled to be held on or be- of 2007’’. ommendations on whether the President fore December 31, 2005, at the facility. SEC. 2. DEFINITIONS. should be given the authority to use such (ii) LOST REVENUES.—Contributions under In this Act, the following definitions apply: procedures under the Stafford Act on a per- paragraph (1)(B) shall not be made for any (1) COVERED HURRICANE DAMAGES.—The manent basis. lost revenues. term ‘‘covered hurricane damages’’ means (d) ESSENTIAL ASSISTANCE.—In providing (C) CONTRIBUTIONS FOR REASONABLE COSTS damages suffered in the States of Louisiana assistance under section 403 of the Stafford OF RENTING OR LEASING.—Contributions made and Mississippi as a result of Hurricanes Act for covered hurricane damages, the under paragraph (1)(D) shall be limited to Katrina and Rita. President may provide assistance for the re- the reasonable costs of renting or leasing the (2) PRESIDENT.—The term ‘‘President’’ interment of human remains at a privately- facility during the period beginning on Au- means the President acting through the Ad- owned or private nonprofit cemetery. gust 29, 2005, and ending on January 6, 2006. ministrator of the Federal Emergency Man- (e) USE OF SIMPLIFIED PROCEDURES.—For (3) COSTS RECOVERABLE FROM OTHER agement Agency. covered hurricane damages, the President SOURCES.—Costs that may be recovered by

VerDate Mar 15 2010 12:43 Aug 20, 2010 Jkt 059102 PO 00000 Frm 00022 Fmt 0688 Sfmt 0634 E:\BR07\H29OC7.000 H29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28566 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 October 29, 2007 the State of Louisiana from any other pro- leadership and has received excellent House has taken further steps to facili- gram or from insurance or another source cooperation and support from the mi- tate the recovery of the entire gulf shall not be eligible for assistance under this nority and its Members as well. It was coast. subsection. reported by the Transportation and In- I urge the support of all Members. (4) LIMITATION ON STATUTORY CONSTRUC- Madam Speaker, I reserve the bal- TION.—Nothing in this section shall be con- frastructure Committee on August 1, strued to affect eligibility for assistance 2007. On May 10, 2007, our subcommittee ance of my time. under section 403 or 406 of the Stafford Act on Economic Development, Public Mr. BOUSTANY. Madam Speaker, I (42 U.S.C. 5170b or 5172), except to the extent Buildings and Emergency Management yield myself such time as I may con- that such assistance would result in a dupli- held a hearing entitled, ‘‘Legislative sume. cation of benefits. Fixes for Lingering Problems that Madam Speaker, H.R. 3247, intro- (5) FEDERAL SHARE.—The Federal share of Hinder Katrina Recovery,’’ where duced by Subcommittee Chairwoman assistance under this subsection shall be 100 Members from Louisiana and Mis- NORTON, will improve the provision of percent of the eligible costs. disaster assistance for Hurricanes (6) FUNDING.—Amounts appropriated to sissippi testified on issues that were carry out sections 403 and 406 of the Stafford still delaying the recovery from these Katrina and Rita. This bill was created Act (42 U.S.C. 5170b and 5172) shall be avail- extraordinarily destructive storms, through an open and inclusive process. able to carry out this section, including particularly in the Public Assistance I want to thank Chairman OBERSTAR amounts appropriated before the date of en- Program. and Chairwoman NORTON for working actment of this Act. These were problems that, and I with our Republican Members to in- (h) STATUS REPORT.—Not later than 180 stress, could not have been envisioned clude our provisions to this bill. Addi- days after the date of enactment of this Act, by the Stafford Act because of the un- tionally, I want to thank my good the President shall submit to the Committee friend and colleague from Louisiana, on Transportation and Infrastructure of the precedented nature of the gulf coast House of Representatives and the Committee disaster. Therefore, it was felt that Ranking Member BAKER, for his stead- on Homeland Security and Government Af- there was a need for amendments to fast support of Louisiana in the wake fairs of the Senate a report regarding the the act since FEMA often felt it could of Hurricanes Katrina and Rita. Con- status of recovery for the States of Lou- not move without specific authority. gressman BAKER has been a great advo- isiana and Mississippi from Hurricanes This bill addresses issues specifically cate for our State, and I thank him for Katrina and Rita. identified by these Members who rep- helping the committee to draft this (i) HAZARD MITIGATION PROJECTS.— resent the gulf coast area in testimony bill. (1) IN GENERAL.—A project for covered hur- ricane damages initiated by the State of before our committee, testimony that Madam Speaker, earlier this year the Louisiana or Mississippi in the period begin- was evaluated by our subcommittee Subcommittee on Economic Develop- ning on August 29, 2005, and ending on the and found to be compatible with the ment, Public Buildings and Emergency date of enactment of this Act may con- mission of the Stafford Act and the Management held a hearing on the re- tribute toward the non-Federal share of as- unique nature of the Katrina and Rita covery in the gulf coast following Hur- sistance under section 404 of the Stafford Act disasters. ricanes Katrina and Rita. The bill in- (42 U.S.C. 5170c) if the project— For example, the bill allows FEMA to cludes a number of provisions rec- (A) complies with all applicable Federal apply its so-called ‘‘simplified proce- ommended by Members of Congress laws governing assistance under such sec- tion, and dures’’ for ‘‘small projects’’ from the from both parties who testified at this (B) otherwise is eligible to contribute to current threshold of $55,000 to $100,000, hearing. These provisions are designed the non-Federal share of assistance under and authorizes FEMA to use alter- to alleviate specific problems with the such section, native dispute resolution to resolve ap- recovery in the gulf coast. notwithstanding any requirement for ap- peals in the Public Assistance Pro- H.R. 3247 authorizes changes to the proval of the eligibility and compliance of a gram. There have been many appeals. Stafford Act programs exclusively for project by the President prior to the initi- These need to be handled expeditiously the recovery from Hurricanes Katrina ation of the project contributing toward the if recovery is to occur expeditiously. and Rita and applies these changes non-Federal share. Madam Speaker, the bill also in- retroactively. The Congressional Budg- (2) APPLICATIONS.—The States of Louisiana creases the Federal contribution for et Office does not expect these pro- and Mississippi may submit an application posed changes to have a significant ef- to the President under section 404 of the large ‘‘in-lieu’’ projects, also known as Stafford Act with respect to any project de- alternate projects, to 90 percent for fect on the pace or amount of Federal scribed in paragraph (1). both public and private nonprofit fa- expenditures from the disaster relief The SPEAKER pro tempore. Pursu- cilities. These are examples of rem- fund and has estimated that enacting ant to the rule, the gentlewoman from edies that will bring significant re- H.R. 3247 would have no significant ef- the District of Columbia (Ms. NORTON) sults, according to our own investiga- fect on direct spending. I support this and the gentleman from Louisiana (Mr. tion and testimony from the region. legislation, and I encourage my col- BOUSTANY) each will control 20 min- Hurricane Katrina made landfall leagues to do the same. utes. nearly 2 years ago and proved to be the I also want to thank Chairman OBER- The Chair recognizes the gentle- costliest natural disaster in American STAR and Chairwoman NORTON specifi- woman from the District of Columbia. history. The storms had a massive cally for working with our gulf coast GENERAL LEAVE physical impact on the land, affecting delegations on this important legisla- Ms. NORTON. Madam Speaker, I ask 90,000 square miles, which is an area tion. The T&I committee has really unanimous consent that all Members the size of Great Britain. More than 80 been very helpful and a strong advo- may have 5 legislative days in which to percent of the City of New Orleans cate throughout this process, as my revise and extend their remarks and in- flooded, which is an area seven times home State of Louisiana and the rest clude extraneous material on the bill the size of Manhattan. Untold con- of the gulf coast have tried to recover. under consideration. sequences to the residents of the region I am pleased that the tradition con- The SPEAKER pro tempore. Is there were visited upon individuals and fami- tinues today with the work on this bill. objection to the request of the gentle- lies. I also want to mention that while woman from the District of Columbia? Our subcommittee will hold a hear- much of the Nation’s focus remains on There was no objection. ing in New Orleans soon to look further the aftermath of Hurricane Katrina, I Ms. NORTON. Madam Speaker, I into the status of recovery from these want to remind my colleagues that yield myself such time as I may con- storms. We certainly did not want to there were two storms of similar mag- sume. go to the region without passage of nitude that hit the gulf coast in 2005. Madam Speaker, I am pleased to rise this act, which is so urgent to recov- The second storm, Hurricane Rita, in support of H.R. 3247, the Katrina and ery. I am pleased that we will be able brought high winds in excess of 120 Rita Recovery Facilitation Act of 2007. to report to the citizens of the gulf miles an hour and a storm surge equiv- This bill has been a top priority of our that our committee and hopefully the alent to that of a category 5 storm.

VerDate Mar 15 2010 12:43 Aug 20, 2010 Jkt 059102 PO 00000 Frm 00023 Fmt 0688 Sfmt 0634 E:\BR07\H29OC7.000 H29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 29, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 28567 Total damage in southwest Louisiana the second storm of the season which isiana and Mississippi and the affected was estimated at approximately $10 bil- followed Katrina, Hurricane Rita, was areas of Hurricanes Katrina and Rita. lion, making Rita, the forgotten storm, just as devastating to his community, I am proud of what we have done in the third most costly natural disaster as was Katrina to coastal portions of Congress to address the recovery and in U.S. history. eastern Louisiana. He has been the sin- rebuilding needs along the gulf coast Two years later our recovery remains gular outspoken voice for the victims after these two unprecedented storms, slow, but progress is being made and of that disaster in seeking relief and Katrina and Rita, and our needs are the people of southwest Louisiana are remedies that are appropriate. still great. They have not gone away. resilient and we will rebuild. This bill Madam Speaker, contained in this From my experience over the last 2 will help fix some of the roadblocks to resolution before us today is a unique years, I found that the Stafford Act recovery that we have encountered resolution, as the Stafford Act never was not written for disasters the size of along the way. Notably, I want to men- contemplated disasters of the mag- Katrina and Rita, nor was FEMA pre- tion one particularly. The bill address- nitude and scope that affected our pared to respond, particularly in the es one of the bigger problems still lin- State. The duration was unexpected, as long term, to events of this magnitude. gering in my own district, which is the well as the intensity of the damage. A H.R. 3247 would amend the Stafford Act reimbursement to the sports arena few would have thought an inconven- to more accurately reflect the rebuild- called the Cajundome for use of the fa- ience of a few days for a public facility ing and recovery needs of the gulf cility in sheltering both Katrina and would be cause for reimbursement from coast. St. Bernard Parish in my dis- Rita evacuees. The Cajundome acted as the Stafford Act. trict only has a handful of buildings a shelter from August 30 through Octo- that were not damaged in the storms, b 1615 ber 28, 2005, and processed an estimated and less than 40 percent of the popu- 18,000 evacuees within that 60-day pe- But in this case the damage went on lation has returned to the parish. riod. The facility was subsequently not just for days and not just for weeks Through the alternate project pen- closed until January 2006 for recovery but literally for months. And income alty, the Stafford essentially penalizes and repair from the sheltering oper- that was planned for many of these fa- the parish and its officials as they try to rebuild and reflect the returning ations. FEMA initially approved and cilities was lost, as well as the oper- population. H.R. 3247 would reduce this then sought reimbursement for funds ational expense to engage in the relief penalty from 25 percent to 10 percent of paid to the Cajundome for use of the fa- activities. As well, unfortunately, in each of the project’s costs, and this is cility while conducting response activi- the damage that occurred to the facili- enormous in the needs that follow and ties. ties as a result of this unusual and pro- At issue is whether or not a govern- longed use. has been mentioned about the inad- equacies of the Stafford Act. ment entity can be reimbursed for fees For example, the Lamar Dixon Cen- The bill would also instruct FEMA to for sheltering evacuees after a disaster. ter on the southern edge of the City of use alternate dispute resolution in The Cajundome, however, operates au- Baton Rouge acted as the staging point for many law enforcement search and place of its completely inadequate tonomously from city government, project worksheet appeals process. does not have a sustaining tax base, rescue efforts which went on for many days. As a result of the sheriff, police, Many project worksheets are still and instead relies on the fees it gen- under review after 27 months. Without erates from events during its peak sea- municipal police and others simply en- gaging in this activity without seeking a guarantee that the project will be son to maintain operations year-round. fully funded, the State and local gov- H.R. 3247 will allow FEMA to pay for preclearance, not having a contract with FEMA in order to save people, ernments are apprehensive to even the reasonable cost of renting or leas- begin projects for fear that FEMA will Lamar Dixon similarly engaged in the ing a public facility that was used for ask for the money back. FEMA itself is care and feeding of literally thousands conducting response activities for Hur- preventing the rebuilding of the gulf of those engaged in daily rescue activi- ricanes Katrina and Rita. Facilities coast. It is not their intention, but it is ties. like the Cajundome are integral to our the reality, and this needs to change. disaster recovery and response. We We were surprised to learn that the I appreciate all of the work Congress shouldn’t punish them for opening Stafford Act provisions would not has done to address the recovery and their doors and providing shelter dur- allow for the reimbursement of these rebuilding needs of the gulf coast, and ing a national crisis. highly appropriate and highly valuable I ask that my colleagues again assist Again, I want to thank the com- services rendered during the height of with easing the restrictions to allow mittee staff as well, especially Mike the storm. for full recovery by supporting H.R. Herman and Jennifer Hall, for working Today, with the adoption of this bill, 3247. I thank you for the opportunity to with my legislative director, Terri we cure these deficiencies. And al- speak on this issue, and I thank the Fish, to develop language that will ad- though I hope such need would never gentlewoman from the District of Co- dress this problem. Again, I thank arise in any other community in our lumbia for her efforts and the efforts of Chairman OBERSTAR, Chairwoman NOR- country, if it does, these changes are my friends and colleagues on the other TON, and Ranking Members MICA and meaningful not only to the people who side of the aisle for helping in this re- GRAVES for including it in the bill. engage in the service but to the com- building effort in an effort to bring Again, I urge my colleagues to support munities who likewise support and help FEMA to a position of reality rather H.R. 3247. in this most dire of recovery cir- than bureaucracy. Madam Speaker, I yield such time as cumstances. I join with my colleague, Mr. BOUSTANY. Madam Speaker, I he may consume to my colleague from Mr. BOUSTANY, to support this legisla- want to thank my colleague from Lou- Louisiana (Mr. BAKER). tion. isiana (Mr. MELANCON). Together, he Mr. BAKER. I thank the gentleman Ms. NORTON. Madam Speaker, I am and I have all of coastal Louisiana, and for yielding time and certainly want to pleased to yield to the gentleman from we have dealt with this disaster first- express appreciation to Chairwoman Louisiana (Mr. MELANCON) such time as hand. I know side by side along the NORTON, as well as Chairman OBER- he may consume. coast, we were rolling up our sleeves STAR, for their continuing attention, Mr. MELANCON. Thank you, Con- and helping our friends and families courtesy and problem-solving for those gresswoman HOLMES NORTON, for your back home through all of this. I want of us along coastal States suffering yet leadership in moving this piece of leg- to thank him for his work in helping to from the aftermath of storms Katrina islation forward. I also commend my come up with these revisions to the and Rita. Particularly, I want to speak colleagues and friends from Louisiana Stafford Act that were desperately to the great work of Congressman who also understand that Ms. HOLMES needed. BOUSTANY representing his community. NORTON and others have been a genu- This is a good piece of legislation. It As he expressed here this afternoon, inely great help to the folks of Lou- will not cure all of the problems we

VerDate Mar 15 2010 12:43 Aug 20, 2010 Jkt 059102 PO 00000 Frm 00024 Fmt 0688 Sfmt 0634 E:\BR07\H29OC7.000 H29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28568 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 October 29, 2007 still have in coastal Louisiana, but it is (‘‘FEMA’’) may need additional authorities to Coast. The bill allows the use of temporary a good start. I urge my colleagues on deal effectively with catastrophes of such housing units for volunteers, authorizes reim- both sides of the aisle to pass this im- magnitude. bursement of expenses incurred for the re-in- portant legislation, H.R. 3247. Again, I H.R. 3247 provides additional relief for prob- terment of human remains at privately-owned thank Chairwoman NORTON and Chair- lems associated with recovery efforts from or private non-profit cemeteries, and author- man OBERSTAR for their willingness to Hurricanes Katrina and Rita, by authorizing izes the reimbursement of certain facilities that work with us to craft this legislation. retroactive changes to the Robert T. Stafford housed evacuees after Hurricanes Katrina and Madam Speaker, I yield back the bal- Disaster Relief and Emergency Assistance Act Rita. ance of my time. (‘‘Stafford Act’’) programs. The Stafford Act The bill also allows in-kind projects initiated Ms. NORTON. Madam Speaker, once authorizes disaster assistance that FEMA pro- in the recovery efforts after Hurricanes Katrina again I want to thank the gentleman vides after a major disaster. While the author- and Rita to contribute the non-Federal share and all of the Members from the gulf ity of the Stafford Act is very broad and flexi- in a Hazard Mitigation Grant Program coast delegation who worked so coop- ble, it does not anticipate every circumstance (‘‘HMGP’’) application, if FEMA can determine eratively with us, really informing us that can arise in disasters, especially cata- that the project meets all eligibility and compli- what needed to be done, looking at the strophic disasters such as Hurricanes Katrina ance requirements that apply to HMGP Stafford Act, understanding we are and Rita. projects. This provision simply waives the re- amending the act for Katrina and Rita Historically, when catastrophic or unusual quirement for pre-approval of a project. purposes only, and the least Congress disasters struck, Congress would work coop- Madam Speaker, each of the provisions in could do was to recognize in all of our eratively with FEMA to identify areas where H.R. 3247 is specifically tailored to solve an rhetoric about this being an unprece- FEMA required additional specific authority. existing problem in the Gulf Coast, and will dented disaster, that we responded When Hurricane Katrina struck, FEMA was not help provide immediate relief to those still suf- with an unprecedented remedy. We do a flexible or independent government agency. fering in the wake of these disasters. not expect the remedies available here Rather, FEMA was an organization within the I urge my colleagues to join me in sup- to be necessary elsewhere. For exam- Department of Homeland Security, a larger porting H.R. 3247. ple, we have just had a big disaster in bureaucracy, and without direct access to the Mr. THOMPSON of Mississippi. Madam California. That is of a different kind President and Congress. I believe that this Speaker, I rise in support of H.R. 3247, the and will have a different effect on the structure prevented FEMA from engaging with Hurricanes Katrina and Rita Recovery Facilita- entire region; very devastating, but Congress as they have in the past. This prob- tion Act of 2007. This bill directs the President very different. We intend to have a lem was further magnified by the unprece- to increase to 90 percent the amount of Fed- hearing with respect to that disaster dented scope and magnitude of the disaster. eral contributions for replacing any State or and comparing that disaster and the As a result, Congress was forced to act in a local government property damaged by the responses to that disaster with the re- unilateral manner. hurricanes. Enactment of this bill is critical if sponses to the gulf coast because we H.R. 3247 was developed in a bipartisan we are going to finally rebuild the historic and need to do all we can to learn about fashion, and draws on the recommendations vital infrastructure in Mississippi and Lou- that disaster. of Members representing the Gulf Coast re- isiana. Moreover, the Katrina and Rita dis- gion from both sides of the aisle. The provi- This bill also addresses a variety of other asters have exposed other changes in sions in this bill were developed following a issues of importance toward rebuilding com- the Stafford Act that we need. These hearing held by the Subcommittee on Eco- munities in Mississippi and Louisiana including are Rita and Katrina-specific changes, nomic Development, Public Buildings, and temporary housing for volunteers, debris re- but we are learning from what hap- Emergency Management on May 10, 2007, moval program eligibility for Mississippi and pened to this extraordinary region of entitled ‘‘Legislative Fixes for Lingering Prob- Louisiana, providing for respectful care and in- our country without which we cannot lems that Hinder Katrina Recovery’’. At that terment of human remains damaged during do. And every day you see oil prices go hearing, Members from Louisiana and Mis- the hurricanes, restoring certain public facili- up, I hope you understand, we in the sissippi testified on specific issues that are still ties and providing incentives for certain hazard United States, how central this region hampering the recovery from these dev- mitigation projects. All of these are important is to the economy of this country. As a astating catastrophes and proposed solutions. steps toward rebuilding our vibrant Gulf Coast result, we will be holding hearings on The provisions of this bill reflect the findings communities. the way in which the Stafford Act and recommendations that were presented at Madam Speaker, this bill is welcomed, as should be even further updated to the this hearing. both Louisiana and Mississippi are still rebuild- benefit not only of the disasters we Specifically, H.R. 3247, the ‘‘Hurricanes ing from the damages caused by the storms. hope never to see again, but to disas- Katrina and Rita Recovery Facilitation Act of The Government Accountability Office (GAO) ters that may occur in the future in 2007’’, increases the Federal share from 75 reported in August that some communities are our country. percent to 90 percent for ‘‘alternate projects’’ still without basic needs—such as schools, Mr. OBERSTAR. Madam Speaker, I rise in for Hurricanes Katrina and Rita, to allow hospitals, and other infrastructure. In addition strong support of H.R. 3247, the ‘‘Katrina and money designated for a specific facility to be to these basic community needs, many are Rita Recovery Facilitation Act of 2007’’, as used toward another facility for the same pur- still without jobs because the doors of many amended. This bipartisan bill addresses lin- poses. This provision will help communities, businesses remain closed. Estimates from the gering issues that continue to hinder the re- which have had multiple facilities destroyed by Congressional Budget Office put, capital covery from Hurricanes Katrina and Rita. The these hurricanes, rebuild facilities and reestab- losses resulting from both hurricanes in the changes in this bill are both necessary and lish services in a manner that will best suit range of $70 to $130 billion. The GAO report long overdue. their needs. further found that a substantial portion of the Hurricane Katrina made landfall on August The bill also permits the Administrator of billions of dollars in assistance to the Gulf 29, 2005, and proved to be the costliest nat- FEMA to make public assistance programs Coast was directed to short-term needs, leav- ural disaster in American history. The storm under Hurricanes Katrina and Rita eligible ing a smaller portion for long-term rebuilding. had a massive physical impact on the land, af- under a public assistance pilot program au- To date, the Federal government has provided fecting 90,000 square miles, which is an area thorized in section 689j of the Post-Katrina most long-term rebuilding assistance to the the size of Great Britain. More than 80 percent Emergency Management Reform Act (P.L. Gulf Coast states through two key programs: of the City of New Orleans flooded, an area 109–295), which will expedite the provision of FEMA’s Public Assistance Program and the comparable to seven times the size of Man- assistance to States. Department of Housing and Urban Develop- hattan. This legislation further encourages alter- ment’s Community Development Block Grant Although more than two years have elapsed native dispute resolution procedures for ap- program (CDBG). Both States allocated a bulk since Katrina and Rita, significant problems peals of public assistance decisions by FEMA of their CDBG funds to homeowner assist- still exist in the recovery effort. This disaster for Hurricanes Katrina and Rita, to address ance, thus, creating a need for supplemental and its aftermath have revealed that the Fed- concerns over the speed of implementation of public assistance funds to focus on rebuilding eral Emergency Management Agency the public assistance program in the Gulf and restoring critical infrastructure, such as

VerDate Mar 15 2010 12:43 Aug 20, 2010 Jkt 059102 PO 00000 Frm 00025 Fmt 0688 Sfmt 9920 E:\BR07\H29OC7.000 H29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 29, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 28569 government facilities, which funding this bill C. CLYDE ATKINS UNITED STATES trustee of Biscayne College and Mercy provides. COURTHOUSE Hospital. He was also very active in the The increased assistance from the Federal Ms. NORTON. Madam Speaker, I Catholic Church where he was named a government to Louisiana and Mississippi to re- move to suspend the rules and pass the knight of St. Gregory by Pope Paul VI. build their infrastructure through FEMA’s pub- bill (H.R. 2671) to designate the United It is clear that Judge Atkins took the lic assistance program will help with the finan- States courthouse located at 301 North notion of being a public servant seri- cial burden they face and will allow the proc- Miami Avenue, Miami, Florida, as the ously and endeavored to make his serv- ess, which has thus far been daunting, to pro- ‘‘C. Clyde Atkins United States Court- ice a large part of his life. In honor of ceed more rapidly. This legislation is a step house’’. Judge Atkins’s public service as a Fed- forward because it increases Federal assist- The Clerk read the title of the bill. eral judge for 33 years, it is fitting to ance toward the rebuilding process and pro- The text of the bill is as follows: name the courthouse located at 301 vides needed changes to the Stafford Act. H.R. 2671 North Miami Avenue in Miami, Flor- ida, as the C. Clyde Atkins United And, as we focus on rebuilding infrastruc- Be it enacted by the Senate and House of Rep- States Courthouse, and I urge my col- ture in Louisiana and Mississippi, we must not resentatives of the United States of America in leagues to approve this bill. forget that many of the child care facilities Congress assembled, Madam Speaker, I reserve the bal- were damaged and even destroyed, while par- SECTION 1. DESIGNATION. ance of my time. ents struggled to find a safe place to leave The United States courthouse at 301 North Mr. BOOZMAN. Madam Speaker, I their children while regrouping. Many child Miami Avenue, Miami, Florida, shall be yield myself such time as I may con- care facility owners are still waiting to hear known and designated as the ‘‘C. Clyde At- kins United States Courthouse’’. sume. from FEMA about financial assistance. Be- SEC. 2. REFERENCES. Madam Speaker, H.R. 2671, intro- cause I recognize the importance of emer- Any reference in a law, map, regulation, duced by the gentlewoman from Flor- gency child care after a disaster, I introduced document, paper, or other record of the ida (Ms. ROS-LEHTINEN), designates the H.R. 2479, the Emergency Child Care Serv- United States to the United States court- United States courthouse located at 301 ices Act, which was referred to the Transpor- house referred to in subsection (a) shall be North Miami Avenue, Miami, Florida, tation and Infrastructure Committee. This bill deemed to be a reference to the ‘‘C. Clyde At- as the C. Clyde Atkins United States kins United States Courthouse’’. would amend the Stafford Act to designate Courthouse. emergency child care as a ‘‘critical service’’ The SPEAKER pro tempore. Pursu- The bill recognizes Judge Atkins’s that is eligible to receive disaster assistance ant to the rule, the gentlewoman from dedication to the law and his fairness from FEMA. Recently, I have received calls the District of Columbia (Ms. NORTON) on the bench. In 1914, Judge Atkins was from colleagues who represent areas affected and the gentleman from Arkansas (Mr. born in Washington, DC. He received by the California wildfires, inquiring about the BOOZMAN) each will control 20 minutes. his law degree from the University of bill’s status. I am disappointed that the Emer- The Chair recognizes the gentle- Florida College of Law in 1936 and gency Child Care bill was not included in the woman from the District of Columbia. began his career in the private practice bill debated on the floor today. It is my hope GENERAL LEAVE of law in Stuart, Florida. that my bill will be successfully passed out of Ms. NORTON. Madam Speaker, I ask Judge Atkins’s service to his commu- Committee in the near future. unanimous consent that all Members nity in the legal profession includes As Chairman of the Homeland Security may have 5 legislative days to revise serving as president of the Dade Coun- Committee with oversight of the Department of and extend their remarks and include ty Bar Association, president of the Homeland Security (DHS), of which FEMA is extraneous material on H.R. 2671. Florida Bar Association, trustee of the a part, our Committee works diligently to en- The SPEAKER pro tempore. Is there Mercy Hospital, and trustee of Bis- sure that DHS and all of its components are objection to the request of the gentle- cayne College. prepared to respond to acts of terrorism, nat- woman from the District of Columbia? In 1966, President Lyndon Johnson ural disasters and other emergencies. This bill There was no objection. appointed Judge Atkins to the U.S. will help rebuild our communities in both Lou- Ms. NORTON. Madam Speaker, I District Court for the Southern Dis- isiana and Mississippi and help with prepared- yield myself such time as I may con- trict of Florida. Judge Atkins served as ness efforts for future incidents. sume. chief justice on the district court from In closing, let me thank my colleagues on Madam Speaker, this bill honors C. 1977 to 1982 when he assumed senior the Transportation and Infrastructure Com- Clyde Atkins by naming the court- status. Judge Atkins’s tenure on the mittee for their leadership on this legislation, house located at 301 North Miami Ave- bench ended with his passing at the age and in particular, Ms. NORTON, who is also a nue, Miami, Florida, as the C. Clyde of 84 on March 11, 1999. member of the Committee on Homeland Secu- Atkins United States Courthouse. This This legislation is a fitting tribute to rity, for spearheading this effort. I look forward bill has broad bipartisan support from Judge Atkins’s service to equal justice. to working with Chairman OBERSTAR, Ms. the Florida delegation. I support this legislation and urge my NORTON and others on the Transportation and Judge Atkins was a Federal judge for colleagues to do the same. Infrastructure Committee to assure that our over 30 years in south Florida and was Ms. NORTON. Madam Speaker, I re- Federal disaster and post-terrorism response a leader in many capacities in his com- serve the balance of my time. capabilities are at the level that the American munity. He presided over some of the Mr. BOOZMAN. Madam Speaker, I people deserve. I encourage my colleagues to most controversial cases in south Flor- yield such time as she may consume to support this legislation. ida and often spoke for those who had the gentlewoman from Florida (Ms. Ms. NORTON. Madam Speaker, I no voice. He ruled that Miami schools ROS-LEHTINEN). yield back the balance of my time. would no longer be racially segregated. Ms. ROS-LEHTINEN. Madam Speak- Judge Atkins found that the City of er, I rise today in support of H.R. 2671, The SPEAKER pro tempore. The Miami was guilty of harassment of the to designate the United States Court- question is on the motion offered by homeless and stopped them from ar- house located at 301 North Miami Ave- the gentlewoman from the District of resting the homeless for eating, sleep- nue in my district of Miami, Florida, Columbia (Ms. NORTON) that the House ing and bathing in public. He also ruled as the C. Clyde Atkins United States suspend the rules and pass the bill, that Haitian and Cuban refugees should Courthouse. H.R. 3247, as amended. receive equal treatment. I would like to commend my Florida The question was taken; and (two- In addition to Judge Atkins’s cour- colleagues for working together in a bi- thirds being in the affirmative) the age from the bench, he also played a partisan manner to bring this bill to rules were suspended and the bill, as prominent leadership role in his own the floor today. I also want to thank amended, was passed. community. He served as president of our Florida Senators, BILL NELSON and A motion to reconsider was laid on the Dade County Bar Association, the MEL MARTINEZ, for taking the lead and the table. Florida Bar Association. He was a introducing this bill in the Senate.

VerDate Mar 15 2010 12:43 Aug 20, 2010 Jkt 059102 PO 00000 Frm 00026 Fmt 0688 Sfmt 0634 E:\BR07\H29OC7.000 H29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28570 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 October 29, 2007 As the author of this legislation, I by President Lyndon B. Johnson. He served SEC. 2. REFERENCES. am pleased that this bill would take first as a district judge, then as chief judge, Any reference in a law, map, regulation, the next step toward ensuring that we document, paper, or other record of the and eventually as a senior judge. During his United States to the station referred to in can properly pay tribute to one of Flor- time on the Federal bench, Judge Atkins pre- section 1 shall be deemed to be a reference to ida’s great jurists by naming the court- sided over a number of landmark cases, in- the ‘‘Theodore L. Newton, Jr. and George F. house in Miami in honor of the stellar cluding the unprecedented desegregation of Azrak Border Patrol Station’’. career of Judge Atkins. Dade County schools in 1969. In 1970, he The SPEAKER pro tempore. Pursu- After receiving his law degree from presided over an important environmental ant to the rule, the gentlewoman from the University of Florida in 1936, C. case and ruled that there was a public interest the District of Columbia (Ms. NORTON) Clyde Atkins worked as a distinguished in protecting wildlife from discharge from a nu- and the gentleman from Arkansas (Mr. attorney and held prestigious posts clear plant into Biscayne Bay. Judge Atkins BOOZMAN) each will control 20 minutes. such as the president of the Miami- found the City of Miami guilty of a pattern of The Chair recognizes the gentle- Dade County Bar Association, as well harassment of the City’s homeless population woman from the District of Columbia. as president of the Florida Bar. In 1966, and showed great courage in overturning Fed- GENERAL LEAVE Atkins was nominated to the bench by eral policies that required the repatriation of Ms. NORTON. Madam Speaker, I ask President Lyndon Johnson. The late Haitian and Cuban refugees at Guantanamo unanimous consent that all Members Judge Atkins brought tremendous Bay. may have 5 legislative days within honor to the legal profession through Judge Atkins often made these rulings with which to revise and extend their re- his dedicated service as a United States little fanfare but always with a deep, abiding marks and to include extraneous mate- District Judge for the Southern Dis- respect for the rule of law and equality. He rial on H.R. 2728. trict of Florida from 1966 until his was respected because of his application of The SPEAKER pro tempore. Is there death in 1999 at the age of 84. the law without respect to race, creed, religion, objection to the request of the gentle- woman from the District of Columbia? b 1630 or national origin. He was also very active in the Catholic There was no objection. Judge Atkins was committed to the Church, and he was named a Knight of St. Ms. NORTON. Madam Speaker, I administration of the rule of law with- Gregory by Pope Paul VI. yield myself such time as I may con- out consideration of race, creed, or na- Judge Atkins died in 1999 at the age of 84. sume. tional origin. I urge my colleagues to join me in sup- This bill honors two Border Patrol He was recognized for his devotion to porting H.R. 2671. inspectors who died in the line of duty equality by the National Conference of Mr. BOOZMAN. Madam Speaker, by naming a Border Patrol station in Christians and Jews and the Anti-Defa- having no further speakers, again, I their honor. On June 17, 1967, United mation League, to name just a few, think this is a very fitting tribute and States Border Patrol inspectors Theo- Madam Speaker. honor and something that we should dore L. Newton, Jr., and George F. Judge Atkins was the first Catholic all very much support. Azrak were killed in the line of duty to be appointed to the bench in the With that, I yield back the balance of while working the late-night shift in Southern District of Florida. my time. Southern California. His faith to his church was recog- Ms. NORTON. Madam Speaker, I Their tragic deaths were considered a nized by Pope Paul VI through his se- thank the gentleman, and I am pleased turning point for the Border Patrol lection of Judge Atkins as a Knight of to yield back the balance of my time. agency. After the deaths of these 2 Bor- der Patrol inspectors, the security and St. Gregory. The SPEAKER pro tempore. The procedures for intercepting border Judge Atkins was a fair and capable question is on the motion offered by crossings changed dramatically. The judge and rendered important decisions the gentlewoman from the District of Border Patrol now requires that a min- in the area of civil liberties and civil Columbia (Ms. NORTON) that the House imum of 3 to 5 agents work each check- rights. suspend the rules and pass the bill, point along with a backup unit. In ad- Judge Atkins declared that segrega- H.R. 2671. dition to the increased manpower, or tion in Miami-Dade County public The question was taken; and (two- person power, the Border Patrol has schools was intolerable. He ruled that thirds being in the affirmative) the also increased the amount of training homelessness was not a crime and af- rules were suspended and the bill was passed. and support that all Border Patrol firmed that freedom of expression was agents now receive. a constitutional right. A motion to reconsider was laid on the table. I support the Theodore L. Newton, Judge Atkins was a man of principles Jr., and George F. Azrak Border Patrol who had the utmost respect for the f Station naming bill and urge my col- rule of law. THEODORE L. NEWTON, JR. AND leagues to join me in supporting this Therefore, I ask my colleagues to GEORGE F. AZRAK BORDER PA- effort to honor these 2 law enforcement join me in support of this legislation. TROL STATION officials who died in the line of duty The C. Clyde Atkins United States Ms. NORTON. Madam Speaker, I while serving their country in a vital Courthouse at 301 North Miami Avenue move to suspend the rules and pass the role. in Miami will serve as a lasting tribute bill (H.R. 2728) to designate the station Madam Speaker, I reserve the bal- to the incredible life and great accom- of the United States Border Patrol lo- ance of my time. plishments of this distinguished man. cated at 25762 Madison Avenue in Mr. BOOZMAN. Madam Speaker, I Mr. OBERSTAR. Madam Speaker, I rise in Murrieta, California, as the ‘‘Theodore yield myself such time as I may con- support of H.R. 2671, a bill to designate the L. Newton, Jr. And George F. Azrak sume. Federal courthouse located at 301 North H.R. 2728, introduced by Representa- Border Patrol Station’’. Miami Avenue, Miami, in the Southern District The Clerk read the title of the bill. tive DARRELL ISSA of California, des- of Florida as the ‘‘C. Clyde Atkins United The text of the bill is as follows: ignates the station of the United States Courthouse’’. States Border Patrol located at 25762 Judge C. Clyde Atkins was born on Novem- H.R. 2728 Madison Avenue in Murrieta, Cali- ber 23, 1914, in Washington, DC. He grad- Be it enacted by the Senate and House of Rep- fornia, as the Theodore L. Newton, Jr., uated from the University of Florida College of resentatives of the United States of America in and George F. Azrak Border Patrol Congress assembled, Law in 1936. He practiced law as a partner in Station. SECTION 1. DESIGNATION. Forty years ago, Theodore Newton the law firm of Walton, Lantaff, Shroeder, At- The station of the United States Border kins, Carson, and Wahl for more than 25 Patrol located at 25762 Madison Avenue in and George Azrak were tragically years, from 1941 to 1966. Murrieta, California, shall be known and des- killed in the line of duty. The deaths of In 1966, judge Atkins was appointed to the ignated as the ‘‘Theodore L. Newton, Jr. and these 2 agents shook the foundations of District Court in the Southern District of Florida George F. Azrak Border Patrol Station’’. the agency.

VerDate Mar 15 2010 12:43 Aug 20, 2010 Jkt 059102 PO 00000 Frm 00027 Fmt 0688 Sfmt 0634 E:\BR07\H29OC7.000 H29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 29, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 28571 The two young Border Patrol agents the living, rather, to be dedicated here to the The question was taken; and (two- were working the graveyard shift at a unfinished work which they who fought here thirds being in the affirmative) the remote checkpoint when they were kid- have thus far so nobly advanced.’’ rules were suspended and the bill was napped from their post by drug smug- The words of Abraham Lincoln hold as passed. glers. They were found murdered and much meaning today as they did when he A motion to reconsider was laid on handcuffed to a stove in an abandoned spoke to them in Gettysburg in 1863. Today the table. mountain shack. we remember two men who gave their lives f These two agents, just like agents on for our protection. Border Patrol agents Theo- the front line today, put themselves in dore L. Newton, Jr., and George F. Azrak, are MINE COMMUNICATIONS harm’s way to uphold the tradition of 2 of the 104 Customs and Border Patrol TECHNOLOGY INNOVATION ACT honor, integrity, and service in secur- agents who have been killed in the line of Mr. MATHESON. Madam Speaker, I ing our Nation’s borders. Over 100 em- duty. move to suspend the rules and pass the ployees of the Border Patrol have died Madam Speaker, today we will have the op- bill (H.R. 3877) to require the Director in the line of duty since it was formed portunity to honor the lives of two brave public of the National Institute of Standards in 1924. servants when we vote to designate the and Technology to establish an initia- The Newton-Azrak Award, the Border United States Border Patrol Station in tive to promote the research, develop- Patrol’s highest award, pays tribute to Murrieta, CA, as the ‘‘Theodore L. Newton, Jr. ment, and demonstration of miner those who show courage and heroism in and George F. Azrak Border Patrol Station.’’ tracking and communications systems the face of grave danger. Border Patrol agents Newton and Azrak and to promote the establishment of This bill recognizes the ultimate sac- selflessly gave their lives in the line of duty. standards regarding underground com- rifice these men made, giving their During their patrol on the morning of June 17, munications to protect miners in the lives in the service of their country. 1967, Agents Newton and Azrak stopped an United States, as amended. I support this legislation and encour- old military ambulance at a checkpoint, and in- The Clerk read the title of the bill. age my colleagues to do the same. side the vehicle, they found 800 pounds of The text of the bill is as follows: marijuana. There were two men in the ambu- Mr. OBERSTAR. Madam Speaker, I rise in H.R. 3877 support of H.R. 2728, a bill to designate the lance and two in a car following behind, all were convicted felons and all were well Be it enacted by the Senate and House of Rep- border station of the United States Border Pa- resentatives of the United States of America in trol located at 25762 Madison Avenue in armed. The four armed men overpowered the two agents and forced them to drive to a re- Congress assembled, Murrieta, California, as the ‘‘Theodore L. New- SECTION 1. SHORT TITLE. ton, Jr., and George F. Azrak Border Patrol mote cabin where they handcuffed and mur- dered Agents Newton and Azrak. Over 400 This Act may be cited as the ‘‘Mine Com- Station’’. munications Technology Innovation Act’’. law enforcement agents and volunteers On June 17, 1967, United States Border Pa- SEC. 2. FINDINGS. searched the remote terrain for 2 days before trol Inspectors Theodore L. Newton, Jr., and Congress finds the following: George F. Azrak were killed in the line of duty the agents were finally found. (1) The failure of miner tracking and com- The murders of Agents Newton and Azrak while working the late-night shift at a check- munications devices or lack thereof in mines prompted the Border Patrol to adopt new safe- point along the U.S.-Mexico border. While ex- severely hampers rescue efforts in the event ty measures—including increasing manpower, amining a vehicle intercepted for suspected of emergencies. adopting more up-to-date technology and im- (2) Mines, particularly underground mines, drug smuggling, the two inspectors were kid- plementing a new policy requiring at least have properties that present unique tech- napped and later killed. three agents and a backup unit to work at nical challenges for the integration of cur- As a result of the tragic deaths of these two each checkpoint—to ensure that this terrible rently available tracking and communica- men, the U.S. Border Patrol now requires that incident would not be repeated. tions systems. These properties include the a minimum of three to five agents work each United States Customs and Border Patrol lack of a clear path or open air which is re- quired for radio signals and WiFi. Addition- checkpoint, depending on a variety of factors, agents have a long history of working thank- along with a back-up unit. In addition to this ally, because coal is an absorptive material, lessly to make our country safer. Every day less than 10 percent of the radio spectrum requirement for increased manpower, the Bor- they protect our borders against terrorism and, der Patrol has also enhanced the training and that is used above ground can be used under- when needed, step in to assist in the face of ground. A fraction of that (only about 1 per- support that all Border Patrol agents receive. national disasters. Just last week, San Diego cent) radio spectrum is actually allocated In honor of these two inspectors, the Border area CBP personnel were deployed to assist for commercial communications purposes. Patrol annually bestows upon its bravest in wildfire emergency response. As a consequence, the availability of miner agents the Newton-Azrak Award. Eligibility for However, it has not been tradition to name communication equipment is severely lim- the award is based on the demonstration of Border Patrol stations after people; they are ited. unusual courage in the line of duty or a heroic (3) Research and experience have shown instead named for location. Undoubtedly, the that communications and tracking systems or humane act during times of extreme stress Newton–Azrak Station will continue to be re- or in an emergency. In addition, the National may not work equally well in every mine or ferred to by its Murrieta location, but its official in every emergency situation, and therefore Border Patrol Museum in El Paso, Texas, has title will be the ‘‘Theodore L. Newton, Jr., and several different systems may be necessary a permanent memorial display in honor of In- George F. Azrak Border Patrol Station,’’ in for development and integration. spectors Newton and Azrak. honor of the heroes who gave their lives for (4) Because of the serious challenges of the Designating the United States Border Patrol the safety of others. mine environment and the limited market Station in southern California as the ‘‘Theo- As we honor and remember the fallen provided by the mining industry, much need- dore L. Newton, Jr., and George F. Azrak Bor- agents, I would like to thank all of our Border ed technology has not yet been developed by the private sector or is not commercially der Patrol Station’’ is a fitting tribute to honor Patrol agents and Customs and Border Pro- the bravery and service of these men. Their available in the United States. tection personnel for their service and commit- (5) Furthermore, due to the regulatory valor has served as an inspiration for a gen- ment to the safety and security of all Ameri- structure of the industry and the lengthy ap- eration of Border Patrol agents that have fol- cans. proval process for mine tracking and com- lowed them in service to their country. Mr. BOOZMAN. Madam Speaker, I munications systems, research must be ac- I urge my colleagues to join me in sup- yield back the balance of my time hav- celerated so that next generation technology porting H.R. 2728. ing no further speakers. can be quickly and efficiently integrated Mr. ISSA. Madam Speaker, ‘‘We cannot Ms. NORTON. I yield back the bal- into mines to protect the safety of miners. dedicate . . . we cannot consecrate . . . we ance of my time. (6) The National Institute of Standards and cannot hallow . . . this ground. The brave The SPEAKER pro tempore. The Technology is well positioned to help accel- question is on the motion offered by erate the development of mining tracking men, living and dead, who struggled here, and communications technology. The Na- have consecrated it far above our poor power the gentlewoman from the District of tional Institute of Standards and Technology to add or detract. The world will little note nor Columbia (Ms. NORTON) that the House has a long history of working in conjunction long remember what we say here, but it can suspend the rules and pass the bill, with industry to invest in longer-term, high- never forget what they did here. It is for us, H.R. 2728. risk research which yields national benefits

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far beyond private payoff. Further, the Na- (3) Technology to prevent interference. GORDON and Ranking Member HALL for tional Institute of Standards and Technology SEC. 5. AUTHORIZATION OF APPROPRIATIONS. their extraordinary effort and also the builds partnerships with industry to leverage There are authorized to be appropriated to staff, both majority and the minority, existing research and development to drive the Director of the National Institute of for working together to move this bill next generation technology. Standards and Technology such sums as are (7) The National Institute of Standards and in a rather quick manner and in a bi- necessary for carrying out this Act for fiscal partisan manner. Suggestions were Technology is well-positioned to accelerate years 2009 and 2010, to be derived from development of consensus mining commu- amounts authorized under section 3001 of the taken from folks on both sides of the nications standards given the extensive work America COMPETES Act. aisle, and the bill that came out of the that the organization has done in the field of committee reflected those discussions The SPEAKER pro tempore. Pursu- emergency communications to develop and deliberations among everyone in- ant to the rule, the gentleman from standards and technologies for interoperable volved in the committee. wireless telecommunications and informa- Utah (Mr. MATHESON) and the gen- So I think this is an example where tion systems. tleman from Georgia (Mr. GINGREY) Congress is passing good legislation, a (8) In developing such standards, the Na- each will control 20 minutes. substantive piece of legislation. It’s a tional Institute of Standards and Technology The Chair recognizes the gentleman piece of legislation that is so impor- should work in cooperation with the Na- from Utah. tional Institute for Occupational Safety and tant for the 1,400 underground mines Health and the Mine Safety and Health Ad- GENERAL LEAVE we have in this country and, quite ministration, and other relevant public and Mr. MATHESON. Madam Speaker, I frankly, the many thousands of under- private stakeholders, to build on existing ask unanimous consent that all Mem- ground mines that exist around the technology and knowledge regarding mine bers may have 5 legislative days to re- world today, where this type of tech- communications systems. vise and extend their remarks and to nology, if it is developed, will allow SEC. 3. MINE COMMUNICATIONS AND TRACKING include extraneous material on H.R. better communication capability and RESEARCH AND DEVELOPMENT PROGRAM AUTHORIZATION. 3877, the bill now under consideration. allow an opportunity for perhaps more (a) ESTABLISHMENT.—The Director of the The SPEAKER pro tempore. Is there success in rescue operations. National Institute of Standards and Tech- objection to the request of the gen- Now, I want to be clear on a couple of nology shall provide for the establishment of tleman from Utah? things. The purpose of the legislation a program of research, development, and There was no objection. is really to accelerate next-generation demonstration that includes the establish- Mr. MATHESON. Madam Speaker, I technology. The legislation will direct ment of best practices, adaptation of exist- yield myself as much time as I may the National Institute of Standards ing technology, and efforts to accelerate the consume. and Technology to establish an initia- development of next generation technology Madam Speaker, I’m very pleased tive to promote research, development, and tracking systems for mine communica- and demonstration of miner tracking tions. that this action is taking place today (b) COORDINATION.—In carrying out this on the floor of the House of Represent- and communication systems and to section, the Director shall coordinate with atives. I represent the Second Congres- promote the establishment of stand- relevant Federal agencies and industry to sional District of Utah, and that in- ards and other measurement services evaluate areas of research and development cludes the Crandall Canyon Mine where regarding underground mines. I think and best practices that will be most prom- this past August I think everyone in the legislation will foster much-needed ising in protecting miner safety. this country is aware of the coal min- research and development in this field (c) OPTIONAL FOCUS.—In establishing this of communications to better protect program, the Director may focus on the fol- ing accident that occurred where 6 men were trapped, and during the rescue at- miners. lowing communications and tracking system The time to address this issue is now, characteristics: tempt, three rescuers were killed in a (1) Systems that are likely to work in cave-in. before any more accidents leave any emergency situations. There were a lot of emotions that we additional miner families desperate for (2) Systems that work in coal mines, with all felt and shared during that disaster; word about their loved ones. Madam Speaker, I reserve the bal- special attention paid to deep underground but beyond those emotions, I think ance of my time. coal mines. something that must have crossed all (3) Systems that provide coverage through- Mr. GINGREY. Madam Speaker, I out all areas of the mine. of our minds as we all watched this yield myself such time as I may con- (4) Hybrid systems that use both wireless tragedy unfold was a question, and sume. and infrastructure based systems. that was, how is it as the rescuers tried Madam Speaker, I rise also in sup- (5) Functionality for 2-way and voice com- to locate these 6 trapped men that we port of H.R. 3877, the Mine Communica- munications. can’t know exactly where they are, tions Technology Innovation Act. (6) Systems that serve emergency and rou- that there isn’t some kind of signal or First, I want to take this opportunity tine communications needs. beacon or some way to communicate to thank Chairman GORDON, Ranking (7) The ability to work with existing leg- such that we can have a better sense of acy systems and to be quickly integrated. Member HALL, and all of the members (8) Propagation environment characteriza- exactly where the 6 men were trapped? of the Science Committee and the staff tion, performance metrics, and independ- I think that’s a question that a lot of who worked so hard to bring this im- ently derived validation tests to verify per- us have, and here in Congress, as a portant bipartisan legislation through formance for standards development. member of the House Science Com- our committee and to the House floor SEC. 4. STANDARDS REGARDING UNDERGROUND mittee, I asked those questions, and today. COMMUNICATIONS. the committee collectively, majority Madam Speaker, every Member of Consistent with Office of Management and and minority, has looked at that issue. the House hopes to avoid another ca- Budget Circular A–119, the Director of the The answer really is that the tech- tastrophe such as the Sago Mine explo- National Institute of Standards and Tech- nology doesn’t exist today to commu- nology shall work with industry and rel- sion in West Virginia in 2006 or the dis- evant Federal agencies to develop consensus nicate in this manner between the sur- aster at the Crandall Canyon Mine in industry standards for communications in face and folks who are trapped deep un- Utah this past August. And I certainly underground mines. The Director shall also derground, and so the effort here and want to commend my colleague, the develop and provide any needed measure- the purpose of this legislation, it’s a gentleman from Utah (Mr. MATHESON), ment services to support implementation of very narrow piece of legislation, looks for introducing H.R. 3877 to address one these standards. In their efforts to help de- at encouraging development of tech- of the major obstacles to miner safety, velop these standards and related measure- nology that would allow this type of and that is, our inability, as he just ment services, the following issues should be communication to occur in the future. addressed: pointed out, to track miners under- (1) The appropriate use of frequency bands The thing about this bill that I’m ground and to communicate with them and power levels. really proud of is the fact that the in the event of such an emergency. (2) Matters related to interoperability of committee worked so well together, Under the 2006 MINER Act, the Mine systems, applications, and devices. and I really want to thank Chairman Safety and Health Administration,

VerDate Mar 15 2010 12:43 Aug 20, 2010 Jkt 059102 PO 00000 Frm 00029 Fmt 0688 Sfmt 0634 E:\BR07\H29OC7.000 H29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 29, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 28573 MSHA, and the National Institute for legislation is complementary with and demonstration of miner tracking and com- Occupational Health and Safety, what we are trying to do at NIOSH and munications systems and to promote the es- NIOSH, receive significant funding to MSHA. tablishment of standards and other measure- lead an interagency program to develop Madam Speaker, Congress these days ment services regarding underground miners. communication, tracking, oxygen sup- doesn’t have the best reputation of Not only will this legislation help miners, but ply and refuge systems for mines. To working together on certain things, it will draw upon the expertise of Colorado re- date, this program has invested over but this is an example where this com- searchers. NIST’s Boulder labs have already $23 million, and it is steadily pro- mittee worked really well in terms of begun similar work for communications in col- gressing towards installation of new, coming up with legislation, where bills lapsed buildings and are well positioned to safer communication systems by the were originally introduced, there were support this new effort with its experience in year 2009. some other questions during the com- developing technical standards, best practices As NIOSH and MSHA continue to ad- mittee process. Folks on the minority and conformance testing. vance research and development in this side of the aisle offered suggestions for This bill will ensure that our miners have the area, there was clear bipartisan agree- a manager’s amendment. We approved state-of-the-art equipment they need to com- ment within the Science Committee this bill. It has good bipartisan sup- municate with people above ground, especially that the National Institute of Stand- port. It’s the right thing to do. in times of emergency. I urge the House to ards and Technology, NIST, could en- I again want to thank Dr. GINGREY support this important legislation that will help hance these efforts by fostering stand- and everyone on the Science Com- us save lives in the future. ards for communication equipment in mittee staff for their help in making Mr. MATHESON. Madam Speaker, I mines and development of those sys- this legislation work. yield back the balance of my time. tems through the creation of best prac- I will just close by saying that I vis- The SPEAKER pro tempore (Ms. LO- tices, measurement services, and re- ited the Crandall Canyon mine families RETTA SANCHEZ of California). The search evaluation. right after the disaster. They were question is on the motion offered by going through so many emotions that b 1645 the gentleman from Utah (Mr. MATHE- it’s difficult for us to even imagine, but SON) that the House suspend the rules NIST has long been a leader in com- to not know where their loved ones and pass the bill, H.R. 3877, as amend- munications research technology and were was probably the greatest frustra- ed. has the equipment, and it has the ex- tion of all. If this legislation can pro- The question was taken; and (two- pertise to characterize the mine envi- vide a path to help provide answers to thirds being in the affirmative) the ronment and determine what tech- those questions in the future, then, rules were suspended and the bill, as niques are best suited for these very clearly, it’s the right thing to do. amended, was passed. difficult situations and conditions. I ask for a favorable vote from every- The title was amended so as to read: This bill is the product of bipartisan body on this legislation. ‘‘A Bill to require the Director of the work in the Science Committee, and it Mr. UDALL of Colorado. Madam Speaker, National Institute of Standards and creates a basic framework to ensure as a cosponsor, I rise in strong support of Technology to establish an initiative that the government’s research agency H.R. 3877, the Mine Communications Tech- to promote the research, development, works cooperatively, effectively and nology Innovation Act, which was introduced and demonstration of miner tracking quickly to improve mine and miner by our colleague from Utah, Mr. MATHESON. and communications systems and to safety. Mining is an important part of our history promote the establishment of stand- The world-renowned capabilities of and it will be critical to our future as well, but ards and other measurement services NIST laboratories and the years of we have seen too many mining accidents that regarding underground communica- study and experience at NIOSH and have ended in tragedy. Too often, these trage- tions to protect miners in the United MSHA can significantly improve im- dies have been related to difficulties with com- States.’’. plementation of emergency commu- munication. The unfortunate deaths of six min- A motion to reconsider was laid on nications and tracking systems in our ers and three rescuers at the Crandall Canyon the table. mines. Improvement in these systems Mine this year has highlighted the severe f will substantially increase rescuers’ communication challenges that miners face ability to find and free miners in the when deep underground. RECESS event of a mine catastrophe, as we just While mines generally use reliable commu- The SPEAKER pro tempore. Pursu- outlined, that occurred recently in nications systems, some mines—specifically, ant to clause 12(a) of rule I, the Chair West Virginia and the great State of deep underground mines—present a number declares the House in recess until ap- Utah. of unique challenges that make communica- proximately 6:30 p.m. today. H.R. 3877 would significantly con- tions and tracking more difficult. For example, Accordingly (at 4 o’clock and 48 min- tribute to the health and the safety of the open air pathway required for radio signals utes p.m.), the House stood in recess miners by uniting the communications and WiFi often do not exist in underground until approximately 6:30 p.m. and standards experience of NIST with mines and less than ten percent of the radio the ongoing research and the mine en- spectrum that is used above ground can be f vironment experience at NIOSH and used underground. Additionally, in the event of b 1830 MSHA. a catastrophic event, existing communications AFTER RECESS I want to applaud my colleague, Mr. systems are often compromised. MATHESON, for addressing this issue This bill would help improve tracking and The recess having expired, the House that he knows so well that is of such communications systems for two-way commu- was called to order by the Speaker pro utmost importance to his constituents nication between the miners and people above tempore (Ms. CLARKE) at 6 o’clock and in Utah, as well as mining commu- ground. Specifically, H.R. 3877 would accel- 30 minutes p.m. nities across this country. erate the research and development of inno- f I urge all of my colleagues to support vative mine tracking and communications this bipartisan legislation. It will technologies. Since the National Institute for ANNOUNCEMENT BY THE SPEAKER make significant advancements in Occupational Safety and Health (NIOSH) ad- PRO TEMPORE miner safety. dresses oversight of immediately available The SPEAKER pro tempore. Pursu- Madam Speaker, I yield back the bal- technologies, this legislation is targeted R&D ant to clause 8 of rule XX, proceedings ance of my time. for new technologies to advance our ability to will resume on motions to suspend the Mr. MATHESON. I thank my col- communicate underground. Under this legisla- rules previously postponed. league. I also want to thank him for tion, the National Institute of Standards and Votes will be taken in the following making 1 additional really good point Technology (NIST) would establish an initia- order: in his remarks, and that is that this tive to promote the research, development, H.R. 3224, by the yeas and nays;

VerDate Mar 15 2010 12:43 Aug 20, 2010 Jkt 059102 PO 00000 Frm 00030 Fmt 0688 Sfmt 0634 E:\BR07\H29OC7.000 H29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28574 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 October 29, 2007 H. Res. 573, by the yeas and nays; Murphy, Patrick Roskam Stupak b 1856 H. Res. 747, by the yeas and nays. Murphy, Tim Ross Sutton Murtha Rothman Tanner Messrs. COLE of Oklahoma, DUN- The vote on House Joint Resolution Napolitano Roybal-Allard Tauscher CAN, SMITH of Texas and CANTOR 58 will be postponed until tomorrow. Oberstar Ruppersberger Terry changed their vote from ‘‘yea’’ to Obey Rush The first electronic vote will be con- Thompson (CA) ‘‘nay.’’ ducted as a 15-minute vote. Remaining Olver Ryan (OH) Thompson (MS) Ortiz Ryan (WI) Thornberry So (two-thirds being in the affirma- electronic votes will be conducted as 5- Pallone Salazar Tierney tive) the rules were suspended and the minute votes. Pascrell Sa´ nchez, Linda Towns bill, as amended, was passed. Pastor T. Tsongas The result of the vote was announced f Perlmutter Sanchez, Loretta Turner Peterson (MN) Sarbanes Udall (NM) as above recorded. DAM REHABILITATION AND Petri Saxton Upton A motion to reconsider was laid on Platts Schakowsky Van Hollen the table. REPAIR ACT OF 2007 Schiff Pomeroy Vela´ zquez Porter Schwartz Stated for: The SPEAKER pro tempore. The un- Visclosky Price (NC) Scott (GA) Ms. GINNY BROWN-WAITE of Florida. finished business is the vote on the mo- Walden (OR) Putnam Scott (VA) Walsh (NY) Madam Speaker, on rollcall No. 1010, I am tion to suspend the rules and pass the Radanovich Serrano Walz (MN) not recorded because my card did not reg- bill, H.R. 3224, as amended, on which Rahall Sestak Waters the yeas and nays were ordered. Rangel Sherman ister. Had I been present, I would have voted Regula Shimkus Watson ‘‘yea.’’ The Clerk read the title of the bill. Rehberg Shuler Watt The SPEAKER pro tempore. The Reichert Sires Weiner f question is on the motion offered by Renzi Skelton Welch (VT) the gentleman from Colorado (Mr. Reyes Slaughter Wexler RECOGNIZING AND COMMENDING Reynolds Smith (NJ) Whitfield EFFORTS TO RAISE AWARENESS SALAZAR) that the House suspend the Richardson Snyder Woolsey rules and pass the bill, H.R. 3224, as Rodriguez Solis Wu ABOUT AND HELP END THE amended. Rogers (KY) Space Wynn WORSENING HUMANITARIAN CRI- The vote was taken by electronic de- Ros-Lehtinen Stark Yarmuth SIS AND GENOCIDE IN DARFUR, SUDAN vice, and there were—yeas 263, nays NAYS—102 102, not voting 67, as follows: The SPEAKER pro tempore. The un- Akin Forbes McMorris [Roll No. 1010] Bachmann Foxx Rodgers finished business is the vote on the mo- YEAS—263 Barrett (SC) Franks (AZ) Mica tion to suspend the rules and agree to Bartlett (MD) Gallegly Miller (FL) Abercrombie Delahunt Johnson, E. B. the resolution, H. Res. 573, as amended, Barton (TX) Garrett (NJ) Miller, Gary Ackerman DeLauro Jones (OH) on which the yeas and nays were or- Bilbray Gingrey Moran (KS) Aderholt Dent Kagen Bilirakis Goode Musgrave dered. Alexander Diaz-Balart, L. Kanjorski Bishop (UT) Allen Diaz-Balart, M. Kaptur Goodlatte Neugebauer The Clerk read the title of the resolu- Blackburn Hall (TX) Nunes tion. Altmire Dingell Kennedy Blunt Andrews Doggett Kildee Hastings (WA) Pearce The SPEAKER pro tempore. The Bono Heller Pitts Arcuri Donnelly Kind Boozman question is on the motion offered by Baca Doolittle King (NY) Hensarling Poe Boustany Hobson Price (GA) the gentleman from Tennessee (Mr. Bachus Doyle Kirk Broun (GA) Hoekstra Ramstad Baird Edwards Kuhl (NY) Brown (SC) TANNER) that the House suspend the Inglis (SC) Rogers (AL) Baker Ehlers Langevin Buchanan rules and agree to the resolution, H. Issa Rogers (MI) Baldwin Ellison Lantos Burton (IN) Johnson, Sam Royce Res. 573, as amended. Barrow Ellsworth Larsen (WA) Calvert Jones (NC) Sali This will be a 5-minute vote. Bean Emanuel Larson (CT) Camp (MI) Becerra Emerson LaTourette Campbell (CA) Jordan Sensenbrenner The vote was taken by electronic de- Berkley Engel Lee Cannon Keller Sessions vice, and there were—yeas 366, nays 0, Berman Eshoo Levin King (IA) Shadegg Cantor not voting 66, as follows: Berry Etheridge Lewis (GA) Carter Kingston Smith (NE) Biggert Farr Lipinski Coble Kline (MN) Smith (TX) [Roll No. 1011] Bishop (GA) Fattah LoBiondo Cole (OK) Knollenberg Stearns YEAS—366 Bishop (NY) Filner Loebsack Crenshaw Lamborn Sullivan Blumenauer Fortenberry Lofgren, Zoe Culberson Latham Tiahrt Abercrombie Boozman Cohen Bonner Fossella Lowey Davis, David Lewis (CA) Tiberi Ackerman Boren Cole (OK) Boren Frank (MA) Lucas Davis, Tom Lewis (KY) Walberg Aderholt Boswell Cooper Boswell Frelinghuysen Lungren, Daniel Drake Linder Westmoreland Akin Boucher Costa Boucher Gerlach E. Dreier Mack Wicker Alexander Boustany Courtney Boyd (FL) Giffords Lynch Duncan McCarthy (CA) Wilson (NM) Allen Boyd (FL) Cramer Boyda (KS) Gilchrest Mahoney (FL) Everett McCaul (TX) Wilson (SC) Altmire Boyda (KS) Crenshaw Brady (TX) Gillibrand Maloney (NY) Fallin McHenry Wolf Andrews Brady (TX) Crowley Braley (IA) Gonzalez Manzullo Feeney McKeon Young (FL) Arcuri Braley (IA) Cuellar Burgess Gordon Markey Baca Broun (GA) Culberson Capito Graves Marshall NOT VOTING—67 Bachmann Brown (SC) Cummings Capps Green, Al Matheson Bachus Brown-Waite, Davis (AL) Capuano Hall (NY) Matsui Boehner Green, Gene Peterson (PA) Baird Ginny Davis (CA) Cardoza Hare McCarthy (NY) Brady (PA) Grijalva Pickering Baker Buchanan Davis (IL) Carnahan Harman McCollum (MN) Brown, Corrine Gutierrez Pryce (OH) Baldwin Burgess Davis, David Castle Hayes McCotter Brown-Waite, Hastert Rohrabacher Barrett (SC) Burton (IN) Davis, Lincoln Castor Herger McCrery Ginny Hastings (FL) Schmidt Barrow Calvert Davis, Tom Chandler Herseth Sandlin McDermott Butterfield Hulshof Shays Bartlett (MD) Camp (MI) DeFazio Clarke Higgins McGovern Buyer Hunter Shea-Porter Barton (TX) Campbell (CA) DeGette Clay Hill McHugh Carney Jefferson Shuster Bean Cannon Delahunt Cleaver Hinchey McIntyre Carson Jindal Simpson Becerra Cantor DeLauro Clyburn Hinojosa McNerney Chabot Johnson (IL) Smith (WA) Berkley Capito Dent Cohen Hirono McNulty Conaway Kilpatrick Souder Berman Capps Diaz-Balart, L. Costa Hodes Meeks (NY) Conyers Klein (FL) Spratt Berry Capuano Diaz-Balart, M. Courtney Holden Melancon Cooper Kucinich Tancredo Biggert Cardoza Dingell Cramer Holt Michaud Costello LaHood Taylor Bilbray Carnahan Doggett Crowley Honda Miller (MI) Cubin Lampson Udall (CO) Bilirakis Carter Donnelly Cuellar Hooley Miller (NC) Davis (KY) Marchant Wamp Bishop (GA) Castle Doolittle Cummings Hoyer Miller, George Deal (GA) Meek (FL) Wasserman Bishop (NY) Castor Doyle Davis (AL) Inslee Mitchell Dicks Myrick Schultz Bishop (UT) Chandler Drake Davis (CA) Israel Mollohan English (PA) Nadler Waxman Blackburn Clarke Dreier Davis (IL) Jackson (IL) Moore (KS) Ferguson Neal (MA) Weldon (FL) Blumenauer Clay Duncan Davis, Lincoln Jackson-Lee Moore (WI) Flake Paul Weller Blunt Cleaver Edwards DeFazio (TX) Moran (VA) Gohmert Payne Wilson (OH) Bonner Clyburn Ehlers DeGette Johnson (GA) Murphy (CT) Granger Pence Young (AK) Bono Coble Ellison

VerDate Mar 15 2010 12:43 Aug 20, 2010 Jkt 059102 PO 00000 Frm 00031 Fmt 0688 Sfmt 0634 E:\BR07\H29OC7.000 H29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 29, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 28575 Ellsworth Lee Reyes Davis (KY) Klein (FL) Shuster Cuellar Kennedy Radanovich Emanuel Levin Reynolds Deal (GA) Kucinich Simpson Culberson Kildee Rahall Emerson Lewis (CA) Richardson Dicks LaHood Smith (WA) Cummings Kind Ramstad Engel Lewis (GA) Rodriguez English (PA) Lampson Souder Davis (AL) King (NY) Rangel Eshoo Lewis (KY) Rogers (AL) Ferguson Marchant Spratt Davis (CA) Kingston Regula Etheridge Linder Rogers (KY) Flake Meek (FL) Sutton Davis (IL) Kirk Rehberg Everett Lipinski Rogers (MI) Gohmert Myrick Tancredo Davis, David Kline (MN) Reichert Fallin LoBiondo Ros-Lehtinen Granger Nadler Taylor Davis, Lincoln Knollenberg Renzi Green, Gene Neal (MA) Farr Loebsack Roskam Udall (CO) Davis, Tom Kuhl (NY) Reyes Grijalva Paul Fattah Lofgren, Zoe Ross Wamp DeFazio Lamborn Reynolds Feeney Lowey Gutierrez Payne Langevin Richardson Rothman Wasserman DeGette Filner Lucas Hastert Pence Delahunt Lantos Rodriguez Roybal-Allard Schultz Forbes Lungren, Daniel Hastings (FL) Peterson (PA) DeLauro Larsen (WA) Rogers (AL) Royce Waxman Fortenberry E. Ruppersberger Hulshof Pickering Dent Larson (CT) Rogers (KY) Weldon (FL) Fossella Lynch Rush Hunter Pryce (OH) Diaz-Balart, L. Latham Rogers (MI) Weller Foxx Mack Ryan (OH) Jefferson Rohrabacher Diaz-Balart, M. LaTourette Ros-Lehtinen Wilson (OH) Frank (MA) Mahoney (FL) Ryan (WI) Jindal Schmidt Dingell Lee Roskam Young (AK) Franks (AZ) Maloney (NY) Salazar Johnson (IL) Shays Doggett Levin Ross Frelinghuysen Manzullo Sali Kilpatrick Shea-Porter Donnelly Lewis (CA) Rothman Gallegly Markey ´ Doolittle Lewis (GA) Roybal-Allard Sanchez, Linda ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Garrett (NJ) Marshall T. Doyle Lewis (KY) Royce Gerlach Matheson Sanchez, Loretta The SPEAKER pro tempore (during Drake Linder Ruppersberger Giffords Matsui Sarbanes the vote). Members are advised there Dreier Lipinski Rush Gilchrest McCarthy (CA) Saxton are 2 minutes remaining. Duncan LoBiondo Ryan (OH) Gillibrand McCarthy (NY) Schakowsky Edwards Loebsack Ryan (WI) Gingrey McCaul (TX) Schiff b 1904 Ehlers Lofgren, Zoe Salazar Gonzalez McCollum (MN) Schwartz Ellison Lowey Sa´ nchez, Linda Goode McCotter Scott (GA) So (two-thirds being in the affirma- Ellsworth Lucas T. Goodlatte McCrery Scott (VA) tive) the rules were suspended and the Emanuel Lungren, Daniel Sanchez, Loretta Gordon McDermott Sensenbrenner Emerson E. Sarbanes Graves McGovern Serrano resolution, as amended, was agreed to. Engel Lynch Saxton Green, Al McHenry Sessions The result of the vote was announced Eshoo Mack Schakowsky Hall (NY) McHugh Sestak as above recorded. Etheridge Mahoney (FL) Schiff Hall (TX) McIntyre Shadegg A motion to reconsider was laid on Everett Maloney (NY) Schwartz Hare McKeon Sherman Fallin Manzullo Scott (GA) Harman McMorris Shimkus the table. Farr Markey Scott (VA) Hastings (WA) Rodgers Shuler Fattah Marshall Sensenbrenner Hayes McNerney Sires f Feeney Matheson Serrano Heller McNulty Skelton Filner Matsui Sessions Hensarling Meeks (NY) Slaughter RECOGNIZING THE RELIGIOUS AND Fortenberry McCarthy (CA) Sestak Herger Melancon Smith (NE) HISTORICAL SIGNIFICANCE OF Fossella McCarthy (NY) Shadegg Herseth Sandlin Mica Smith (NJ) THE FESTIVAL OF DIWALI Foxx McCaul (TX) Sherman Higgins Michaud Smith (TX) Frank (MA) McCollum (MN) Shimkus Hill Miller (FL) Snyder The SPEAKER pro tempore. The un- Gallegly McCotter Shuler Hinchey Miller (MI) Solis finished business is the vote on the mo- Garrett (NJ) McCrery Sires Hinojosa Miller (NC) Space Gerlach McDermott Skelton Hirono Miller, Gary Stark tion to suspend the rules and agree to Giffords McGovern Slaughter Hobson Miller, George Stearns the resolution, H. Res. 747, on which Gilchrest McHenry Smith (NE) Hodes Mitchell Stupak Gillibrand McHugh Smith (NJ) Hoekstra Mollohan the yeas and nays were ordered. Sullivan Gingrey McIntyre Smith (TX) Holden Moore (KS) The Clerk read the title of the resolu- Tanner Gonzalez McKeon Snyder Holt Moore (WI) Tauscher tion. Goodlatte McMorris Solis Honda Moran (KS) Terry The SPEAKER pro tempore. The Gordon Rodgers Space Hooley Moran (VA) Thompson (CA) Graves McNerney Stark Hoyer Murphy (CT) question is on the motion offered by Thompson (MS) Green, Al McNulty Stearns Inglis (SC) Murphy, Patrick Thornberry the gentleman from Tennessee (Mr. Hall (NY) Meeks (NY) Stupak Inslee Murphy, Tim Tiahrt TANNER) that the House suspend the Hall (TX) Melancon Sullivan Israel Murtha Tiberi Hare Mica Sutton Issa Musgrave rules and agree to the resolution, H. Harman Michaud Tanner Jackson (IL) Napolitano Tierney Res. 747. Hastings (WA) Miller (FL) Tauscher Jackson-Lee Neugebauer Towns This will be a 5-minute vote. Hayes Miller (MI) Terry (TX) Nunes Tsongas The vote was taken by electronic de- Heller Miller (NC) Thompson (CA) Johnson (GA) Oberstar Turner Hensarling Miller, Gary Thompson (MS) Johnson, E. B. Obey Udall (NM) vice, and there were—yeas 358, nays 0, Herger Miller, George Thornberry Johnson, Sam Olver Upton answered ‘‘present’’ 8, not voting 66, as Herseth Sandlin Mitchell Tiahrt Jones (NC) Ortiz Van Hollen follows: Mollohan Tiberi Jones (OH) Pallone Vela´ zquez Higgins Moore (KS) Jordan Pascrell Visclosky [Roll No. 1012] Hill Tierney Hinchey Moore (WI) Towns Kagen Pastor Walberg YEAS—358 Kanjorski Pearce Walden (OR) Hinojosa Moran (KS) Tsongas Kaptur Perlmutter Walsh (NY) Abercrombie Bishop (GA) Campbell (CA) Hirono Moran (VA) Turner Keller Peterson (MN) Walz (MN) Ackerman Bishop (NY) Cannon Hobson Murphy (CT) Udall (NM) Kennedy Petri Waters Aderholt Bishop (UT) Cantor Hodes Murphy, Patrick Upton Kildee Pitts Watson Alexander Blackburn Capito Hoekstra Murphy, Tim Van Hollen ´ Kind Platts Watt Allen Blumenauer Capps Holden Murtha Velazquez King (IA) Poe Weiner Altmire Blunt Capuano Holt Napolitano Visclosky King (NY) Pomeroy Welch (VT) Andrews Bonner Cardoza Honda Neugebauer Walden (OR) Kingston Porter Westmoreland Arcuri Bono Carnahan Hooley Nunes Walsh (NY) Kirk Price (GA) Wexler Baca Boozman Carter Hoyer Oberstar Walz (MN) Kline (MN) Price (NC) Whitfield Bachmann Boren Castle Inglis (SC) Obey Waters Knollenberg Putnam Wicker Bachus Boswell Castor Inslee Olver Watson Kuhl (NY) Radanovich Wilson (NM) Baird Boucher Chandler Israel Ortiz Watt Lamborn Rahall Wilson (SC) Baker Boustany Clarke Issa Pallone Weiner Langevin Ramstad Wolf Baldwin Boyd (FL) Clay Jackson (IL) Pascrell Welch (VT) Lantos Rangel Woolsey Barrett (SC) Boyda (KS) Cleaver Jackson-Lee Pastor Westmoreland Larsen (WA) Regula Wu Barrow Brady (TX) Clyburn (TX) Pearce Wexler Larson (CT) Rehberg Wynn Bartlett (MD) Braley (IA) Coble Johnson (GA) Perlmutter Whitfield Latham Reichert Yarmuth Barton (TX) Broun (GA) Cohen Johnson, E. B. Peterson (MN) Wicker LaTourette Renzi Young (FL) Bean Brown (SC) Cole (OK) Johnson, Sam Petri Wilson (NM) Becerra Brown-Waite, Conyers Jones (NC) Platts Wilson (SC) NOT VOTING—66 Berkley Ginny Cooper Jones (OH) Poe Wolf Berman Buchanan Costa Jordan Pomeroy Woolsey Boehner Buyer Conaway Berry Burgess Courtney Kagen Porter Wu Brady (PA) Carney Conyers Biggert Burton (IN) Cramer Kanjorski Price (GA) Wynn Brown, Corrine Carson Costello Bilbray Calvert Crenshaw Kaptur Price (NC) Yarmuth Butterfield Chabot Cubin Bilirakis Camp (MI) Crowley Keller Putnam Young (FL)

VerDate Mar 15 2010 12:43 Aug 20, 2010 Jkt 059102 PO 00000 Frm 00032 Fmt 0688 Sfmt 0634 E:\BR07\H29OC7.001 H29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28576 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 October 29, 2007 ANSWERED ‘‘PRESENT’’—8 On rollcall No. 1010—‘‘nay’’—H.R. 3224, Please join me in calling upon the Akin Goode Sali Dam Rehabilitation and Repair Act of 2007. Democratic leadership to put our vet- Forbes King (IA) Walberg On rollcall No. 1011—‘‘yea’’—H. Res. 573, erans first and send this bill to the Franks (AZ) Musgrave Recognizing and commending the efforts of President now. NOT VOTING—66 the United States public and advocacy groups f Boehner Hastert Pryce (OH) to raise awareness about and help end the CONDEMNING THE ATTACKS ON Brady (PA) Hastings (FL) Rohrabacher worsening humanitarian crisis and genocide in AFRICAN UNION PEACEKEEPERS Brown, Corrine Hulshof Schmidt Darfur, Sudan, and for other purposes. Butterfield Hunter Shays IN HASKANITA, DARFUR, SUDAN Buyer Jefferson On rollcall No. 1012—‘‘yea’’—H. Res. 747, Shea-Porter (Ms. JACKSON-LEE of Texas asked Carney Jindal Shuster Recognizing the religious and historical signifi- Carson Johnson (IL) Simpson cance of the festival of Diwali. and was given permission to address Chabot Kilpatrick Smith (WA) the House for 1 minute and to revise Conaway Klein (FL) f Souder Costello Kucinich and extend her remarks.) Spratt Cubin LaHood PERSONAL EXPLANATION Ms. JACKSON-LEE of Texas. Madam Davis (KY) Lampson Tancredo Speaker, today on the floor of the Taylor Mr. CONYERS. Madam Speaker, I took a Deal (GA) Marchant House, I was very pleased to have de- Dicks Meek (FL) Udall (CO) leave of absence on October 29, 2007; unfor- English (PA) Myrick Wamp tunately my airline flight was delayed. The fol- bated H. Res. 740 that I authored with Ferguson Nadler Wasserman lowing list describes how I would have voted Congressman CHABOT from Ohio and Flake Neal (MA) Schultz had I been in attendance today. joined by 55 of my colleagues. Frelinghuysen Paul Waxman This resolution denounced the attack Gohmert Payne Weldon (FL) ‘‘Yea’’ on H.R. 3224—Dam Rehabilitation Granger Pence Weller and Repair Act of 2007, Representative on African Union peacekeepers. And it Green, Gene Peterson (PA) Wilson (OH) Salazar—Transportation and Infrastructure. was a result of the codel led by myself, Grijalva Pickering Young (AK) joined by Congressman CHABOT and Gutierrez Pitts ‘‘Yea’’ on H.R. 573—Recognizing and com- mending the efforts of the United States public Congressman SMITH from Nebraska, ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE and advocacy groups to raise awareness the first codel to go into Darfur since The SPEAKER pro tempore (during about and help end the worsening humani- the signing of the agreement dealing the vote). Members are advised there tarian crisis and genocide in Darfur, Sudan, with the peacekeepers. It is time now for our eyes to focus are 2 minutes to record your vote. and for other purposes, Representative Moran on a safe return of those who have suf- (VA)—Foreign Affairs. b 1913 fered to their homeland, 2.4 million dis- ‘‘Yea’’ on H.R. 747—Recognizing the reli- placed Sudanese, Darfurians, who live Mr. GOODE changed his vote from gious and historical significance of the festival in a state of flux and fear. ‘‘yea’’ to ‘‘present.’’ of Diwali, Representative Wilson (SC)—For- It is an outrage that these peace- So (two-thirds being in the affirma- eign Affairs. tive) the rules were suspended and the keepers would be attacked. It is an out- resolution was agreed to. f rage that, as the African Union has The result of the vote was announced REMOVAL OF NAME OF MEMBER stood up to be counted and provided as above recorded. AS COSPONSOR OF H.R. 2074 soldiers on the field to protect those A motion to reconsider was laid on Mr. MCCAUL of Texas. Madam refugees, it is an outrage that they are the table. Speaker, I ask unanimous consent that being attacked. We ask the U.N. to intervene to pro- f my name be removed as a cosponsor of H.R. 2074. vide more peacekeepers. We ask that PERSONAL EXPLANATION The SPEAKER pro tempore. Is there the genocide stop. And we ask that Ms. KILPATRICK. Madam Speaker, due to objection to the request of the gen- Khartoum recognize that they have an official business in the 13th Congressional tleman from Texas? obligation to the people of Sudan. Stop District of Michigan, I was unable to make There was no objection. the genocide. several votes today. Had I been present, I f f would have voted ‘‘yea’’ on final passage of b 1915 IN MEMORY OF SERGEANT H.R. 3224, the Dam Rehabilitation and Repair EDWARD PHILPOT SUPPORT OUR VETERANS Act of 2007; ‘‘yea’’ on final passage of H. Res. (Mr. WILSON of South Carolina 573—Recognizing and commending the ef- (Mrs. DRAKE asked and was given asked and was given permission to ad- forts of the United States public and advocacy permission to address the House for 1 dress the House for 1 minute and to re- groups to raise awareness about and help end minute and to revise and extend her re- vise and extend his remarks.) the worsening humanitarian crisis and geno- marks.) Mr. WILSON of South Carolina. cide in Darfur, Sudan, and for other purposes; Mrs. DRAKE. Madam Speaker, this is Madam Speaker, I rise today, with and ‘‘yea’’ on final passage of H. Res. 747— day 29. That is 29 days so far that our great sympathy, in honor of the mem- Recognizing the religious and historical signifi- veterans have not had the use of the in- ory of Sergeant Edward Philpot of cance of the festival of Diwali. creased funding for their benefits and South Carolina National Guard’s 218th f health care. That is $18.5 million dol- Brigade Combat Team. Sergeant lars a day not able to be used. And PERSONAL EXPLANATION Philpot and his fellow soldiers were why? Because the Democratic leader- traveling as a convoy near Kandahar Mr. SHAYS. Madam Speaker, on October ship has decided to not complete this Airfield, Afghanistan, last Tuesday 29, 2007, I missed 3 recorded votes. bill and send it to the President who when his Humvee accidentally went off I take my voting responsibility very seriously has agreed to sign it. the road. and would like the CONGRESSIONAL RECORD to In June this House passed this appro- Sergeant Philpot is the first member reflect that, had I been present, I would have priation bill with a $6 billion increase of the 218th, my former National Guard voted ‘‘yea’’ on recorded vote No. 1010, ‘‘yea’’ in a bipartisan manner. We are proud Brigade, to lose his life while serving in on recorded vote 1011 and ‘‘yea’’ on recorded of our work and grateful to our vet- Afghanistan. His sacrifice is a reminder vote 1012. erans. of the courage and dedication to duty f On September 6, the Senate com- shared by so many of our fellow Ameri- pleted their bill. This work is done. Our cans. We must never forget the im- PERSONAL EXPLANATION veterans are not pawns in a political mense sacrifices these brave men and Mr. DAVIS of Kentucky. Madam Speaker, game. They are heroes. women are making to defend freedom on Monday, October 29, 2007, I was absent America expects us to get the job and to protect American families. from the House due to travel complications. done. America expects us to provide My thoughts and prayers are with Had I been present I would have voted: the best care to our veterans. Sergeant Philpot’s wife, Stephanie;

VerDate Mar 15 2010 12:43 Aug 20, 2010 Jkt 059102 PO 00000 Frm 00033 Fmt 0688 Sfmt 0634 E:\BR07\H29OC7.001 H29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 29, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 28577 their 3 daughters; his parents, Ottas entations of the Medal of Honor to his made him a target for the enemy. and Willa; and his entire family, family at the White House and the While continuing to be fired upon, he friends, and fellow soldiers who con- Navy Memorial. made contact with Bagram Air Base to tinue to defend our country overseas. Known fondly as ‘‘Murph,’’ Michael request assistance. He calmly reported His sacrifice is a testament to the love was born on May 7, 1976, in Smithtown, his unit’s location and the size of the for his country, his family, and his fel- New York, and grew up in Patchogue, enemy force while requesting support low soldiers. in my district on eastern Long Island. for his team. In conclusion, God bless our troops, He was raised by a family of policemen, He was shot in the back, causing him and we will never forget September the lifeguards, firemen, and teachers who to drop the transmitter. He picked it 11th. instilled values reflecting that public back up, completed the call, and con- f service is a noble calling. tinued firing at the enemy closing in. In high school, Lieutenant Murphy Severely wounded, he returned to his THE DRIVE ACT life-guarded at the Brookhaven town men and continued the battle. (Mr. KINGSTON asked and was given beach in Lake Ronkonkoma, a job he In response to Lieutenant Murphy’s permission to address the House for 1 returned to each summer through his call, an MH–47 Chinook helicopter, minute and to revise and extend his re- college years. He graduated from with eight additional SEALs and eight marks.) Patchogue-Medford High School in Army Night Stalkers aboard, was sent. Mr. KINGSTON. Madam Speaker, 1994. As the Chinook drew near, a rocket- last week the Capitol hosted a display Lieutenant Murphy attended Penn propelled grenade hit the helicopter, of electric cars, hybrids like the Toy- State University, where he was an ex- causing it to crash, killing all 16 men ota Prius and various generations. ceptional all-around athlete and stu- aboard. And there was one car that got my dent. He excelled at ice hockey, grad- On the ground and nearly out of am- attention. It was an Auto-Cycle. It was uated with honors, and was accepted to munition, the four SEALs continued to a one-man car. It would go 75 miles an several law schools, but instead wanted fight. After 2 hours Lieutenant Mur- hour. And the owner of it did not drive to serve his country as part of the phy, Matthew Axelson, and Daniel it in from Ohio where it was made, but world’s most elite fighting force: the Dietz had fallen. Over 30 Taliban were he said he could have. It goes 75 miles U.S. Navy SEALs. also killed. an hour. And if you have a car like that Slightly built at 5 feet, 10 inches, he The fourth SEAL, Petty Officer in town, you basically plug it in every attended SEAL mentoring sessions at Marcus Luttrell, was knocked uncon- day and you run all day long, and you the U.S. Merchant Marine Academy at scious and over a ridge by the blast of don’t use one ounce of gas. Kings Point and was accepted to the a rocket-propelled grenade. Though se- I am a cosponsor of something called Navy Officer Candidate School in 2000. verely wounded, he evaded the enemy the DRIVE Act. It is a bipartisan bill Lieutenant Murphy was commissioned for nearly a day and was rescued by as an ensign and after 6 months com- cosponsored by me and ELIOT ENGEL of local nationals who cared for him until New York. The idea behind it is to get pleted Basic Underwater Demolition U.S. forces arrived for him 3 days later. off Middle East oil by increasing the SEAL training in 2001. He then at- Lieutenant Michael P. Murphy was incentive to buy hybrid cars, flex-fuel tended Army Jump School, SEAL buried at Calverton National Ceme- vehicles, electric vehicles, biodiesels, Qualification Training, SEAL Delivery tery, less than 20 miles from his home- cars that run on ethanol, and a number Vehicle School, and earned his SEAL town. His other awards include the of other alternative-fuel vehicles. We Trident by 2002. Purple Heart, Combat Action Ribbon, have the technology that’s out there. Lieutenant Murphy was later de- the Joint Service Commendation We are doubling, in the DRIVE Act, ployed to Qatar and to the Horn of Af- Medal, the Navy and Marine Corps the tax credit for buying hybrids in rica in support of Operation Iraqi Free- Commendation Medal, Afghanistan such cars. I believe that this is a step dom. In 2005, Lieutenant Murphy was Campaign Ribbon, and National De- in the right direction, and I urge my assigned to SEAL Delivery Vehicle fense Service Medal. colleagues to cosponsor the DRIVE Team ONE as assistant officer in Throughout his life, he was known Act. charge of ALFA Platoon and deployed for his unwavering loyalty and an in- to Afghanistan in support of Operation stinctive responsibility to help others. f Enduring Freedom. With unwavering courage in the face of SPECIAL ORDERS Madam Speaker, the Congressional certain death, he gave his life for his Medal of Honor commemorates Lieu- The SPEAKER pro tempore (Ms. country and teammates, reflecting tenant Murphy’s actions as the officer great credit upon himself and uphold- CLARKE). Under the Speaker’s an- in charge of a four-man SEAL unit in ing the Navy’s highest traditions. nounced policy of January 18, 2007, and support of Operation Red Wing, tasked under a previous order of the House, Madam Speaker, our Nation is with finding a key Taliban commander blessed to have a military full of great the following Members will be recog- in the mountainous terrain of north- nized for 5 minutes each. Americans like Lieutenant Michael P. eastern Afghanistan. Murphy who are serving with great dis- f On June 28, 2005, shortly after insert- tinction. He epitomized the selfless de- ing into the objective area, the SEALs votion to duty our young men and HONORING LIEUTENANT MICHAEL were spotted by three goat herders who P. MURPHY women have demonstrated time and were initially detained and then re- again in Iraq, Afghanistan, and other The SPEAKER pro tempore. Under a leased. It is believed they reported the hostile regions. My heart goes out to previous order of the House, the gen- SEALs’ presence to Taliban fighters. the Murphy family and the people of tleman from New York (Mr. BISHOP) is A fierce gun battle ensued on the Patchogue, New York, for they have recognized for 5 minutes. steep face of the mountain between the lost one of America’s very finest. Mr. BISHOP of New York. Madam SEALs and a much larger enemy force. Speaker, it is with honor and with a Despite the intensity of the firefight f profound sadness that I rise to recog- and suffering grave gunshot wounds b 1930 nize Lieutenant Michael P. Murphy of himself, Lieutenant Murphy is credited the United States Navy, who last week with risking his own life to save the HONORING LIEUTENANT MICHAEL was posthumously awarded our Na- lives of his teammates. P. MURPHY tion’s highest award for valor: the He had moved into the open where he The SPEAKER pro tempore. Under a Medal of Honor. could gain a better position to trans- previous order of the House, the gen- Among my greatest privileges was mit a call for help. This deliberate and tleman from Pennsylvania (Mr. DENT) attending last week’s ceremonial pres- heroic act deprived him of cover and is recognized for 5 minutes.

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They remembered in this Congress as the Honor from President Bush on October fell, Madam Speaker, so that I could citadel of freedom in the world, for 22. stand here in this body, the Congress of fighting for that freedom. I also want to share with you an ex- the United States, the people’s House f perience over the weekend prior to the of the oldest democracy on Earth. Penn State/Ohio State game on Satur- There were Mike Murphys in Gettys- OCCUPATION IN IRAQ SOAKING UP day evening. We had a ceremony on the burg, in the Fighting 69th and other U.S. DOLLARS field of Beaver Stadium, 110,000 people. brigades, at Shiloh and Fredericksburg. The SPEAKER pro tempore. Under a Of course Lieutenant Murphy is a Penn There were plenty of Union generals previous order of the House, the gentle- State alumnus and graduated from the who told President Lincoln that they woman from California (Ms. WOOLSEY) university in political science, as I did didn’t really need to fight the Civil is recognized for 5 minutes. about 17 years earlier. And we had a War; you could have slavery on one Ms. WOOLSEY. Madam Speaker, for ceremony. It was touching to be with side of the line and we could have free- the past 5 years, the administration his parents, Dan and Maureen, to rec- dom on the other and that would be has underfunded the No Child Left Be- ognize his gallantry, his bravery. As fine. But there were men like Michael hind Act to the tune of more than $50 Abraham Lincoln said, he had given Murphy who understood that slavery in billion. This has robbed millions of that ‘‘last full measure of devotion.’’ the United States was not an option. children of the education they will But we joined his parents on the field, They fought on; they refused to re- need to succeed in the 21st century, myself along with our colleagues, TIM treat. They would not surrender. They and it is robbing America of the brain MURPHY of Pennsylvania, BILL SHU- would not lose their ground. They fell power we need to stay competitive in STER of Pennsylvania and TODD PLATTS so that my children could grow up in a the global economy. of Pennsylvania. We escorted them on country of liberty versus tyranny. Those of us who believe it’s a bad the field, along with the president of Madam Speaker, there were Mike idea to shortchange our kids and our the university, Graham Spanier. And Murphys who grew up on Long Island. Nation begged the administration to just prior to the playing of the na- When Franklin Delano Roosevelt, fully fund the No Child Left Behind tional anthem, which was dedicated in Madam Speaker, stood where you are Act, but our pleas were ignored. That memory of Lieutenant Murphy, the now and summoned America into the is one of the reasons I was so outraged university presented a certificate that greatest battle of the 20th century, last week when the White House re- read: ‘‘Pennsylvania State University against Nazism and fascism, there were quested $46 billion in supplemental recognizes Lieutenant Michael Murphy Mike Murphys from Long Island who funding for its occupation of Iraq. That as the recipient of the Medal of Honor, stood up, who stormed beaches, who $46 billion, Madam Speaker, is almost for his gallantry and bravery, serving leapt hills, who ran through Europe, identical to the amount that the ad- as a United States Navy SEAL while freed France, liberated concentration ministration has underfunded No Child under enemy attack in Afghanistan. camps, went to the Pacific, freed the Left Behind. In fact, the administra- Lieutenant Murphy represents the Pacific and came back, looked at the tion announced its request at a press highest ideal of the university as an Moon and said, we could go there, too. conference. In that one short press con- alumnus and patriot.’’ Many of those heroes, Madam Speaker, ference, they asked for virtually the And, again, I would just like to share are from Long Island, and we value and same amount for Iraq that it has been with my colleagues from New York, thank every one. Only 18 Long Island- denying to our Nation’s schools for and certainly all Americans, the sense ers, Madam Speaker, have received the nearly 6 years. of deep loss we feel for the Murphy Medal of Honor, Mike Murphy and 17 And while the administration has de- family and so many others who have others. manded that every school in America paid the ultimate price in this war, in Madam Speaker, Mike Murphy fell in show adequate yearly progress on its both Afghanistan and Iraq. a long and noble tradition of those who learning benchmarks or they will be f made the ultimate sacrifice. He is punished, punished financially for the linked in time with those I mentioned: most part, it has allowed the Iraqi Gov- LIEUTENANT MICHAEL MURPHY in Afghanistan, in Iraq, in Vietnam, in ernment to show virtually no progress The SPEAKER pro tempore. Under a Korea, in Normandy, and stretching at all when it comes to meeting its previous order of the House, the gen- back to the earliest battles and the benchmarks for peace. tleman from New York (Mr. ISRAEL) is first battlefield. And education is not the only crying recognized for 5 minutes. Let me close, Madam Speaker, with a need that is being ignored. The oppor- Mr. ISRAEL. Madam Speaker, I want passage that could have been written tunity costs of the occupation are ac- to thank my good friend and colleague, about Michael Murphy, although it was tually incalculable. The occupation is Mr. BISHOP from Long Island, for ask- uttered almost 2,500 years ago. This is soaking up dollars we need to meet so ing several of us to pay tribute to Lieu- what Pericles said at the funeral of many of our domestic challenges. If we tenant Michael Murphy, who received fallen soldiers: really want America to be secure, we the Medal of Honor. ‘‘In the fighting, they thought it must invest in child care, we must in- Madam Speaker, I did not know Mi- more honorable to stand their ground vest in health care, sustainable energy, chael Murphy personally, but I knew of and suffer death than to give in and the environment, law enforcement, him. I have a love of history, and par- save their lives. So they fled from the community and economic develop- ticularly military history. And I know reproaches of men, abiding with life ment, medical research, real homeland that every generation of Americans has and limb the brunt of battle, and in a security, et cetera, et cetera, et cetera. confronted challenge and threat, grave small moment of time, the climax of But the administration believes that and great, with the heroism of Michael their lives, a culmination of glory, not policing a centuries-old civil war in Murphy. Every generation has pro- of fear, they were swept away from Iraq trumps all other needs. The Amer- duced its Michael Murphys. us.’’ ican people do not agree with this ad- In August of 1776, in the Battle of So and such they were, these men, ministration’s priorities. They want New York, there were men like Michael worthy of their city. Madam Speaker, action, they want real solutions to our Murphy. They were surrounded by the Michael Murphy went to Afghanistan domestic problems, and they want to

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The education of our children raled out of control in February of 2003. As such, I congratulate my col- is far more important to the future of Over 2 million civilians have been in- leagues in passing these three vital res- our country than an endless and coun- ternally displaced, and an estimated olutions this evening. And I thank the terproductive occupation of another 215,000 more persons have been exter- Congress, which has chosen to answer country. nally displaced in such neighboring the pleas for help by the people of That is why Congress must finally states as Chad. Even for those who are Darfur while the administration has stand up to the administration and say internally displaced persons, they have failed to adequately respond. no, no to supplemental funding that experienced anything but a safe haven We must act with a great sense of ur- would bring our total spending in Iraq outside of Darfur while ongoing killing, gency. History will judge whether we this fiscal year alone to $160 billion. torture, rape, looting and the unlawful have synchronized our conduct with Madam Speaker, that’s over $13 billion destruction of their property by all our conscience. parties continues, mainly by the a month, or nearly $450 million per f day. janjaweed, associated militia groups, Almost exactly a year ago, the Amer- and the institution that should be pro- b 1945 tecting them, the Sudanese Govern- ican people sent us to Congress to end THE PERU TRADE AGREEMENT the occupation of Iraq. It’s time that ment. we do it. We must use our power of the Indeed, as House Resolution 726 The SPEAKER pro tempore. Under a purse to fully fund the safe, orderly points out, it has become treacherous previous order of the House, the gen- and responsible redeployment of all of for women or young ladies in Darfur or tleman from Maine (Mr. MICHAUD) is our troops out of Iraq, and that in- eastern Chad to leave their villages to recognized for 5 minutes. cludes the withdrawal of all of our collect firewood or food from the mar- Mr. MICHAUD. I thank Madam military contractors as well. ket. They are at risk of being raped Speaker. This weekend, Senator JOHN As if one occupation army weren’t and assaulted, which, unfortunately, to EDWARDS announced his opposition to enough, these independent contractors date is exactly what has occurred to the Peru Trade Agreement. The rea- comprise a second occupation army thousands. son? As his statement says, ‘‘All of Although some strides have been that is angering the Iraqi people and these agreements replicate the terrible made in reducing the government’s actually making life much harder for features of NAFTA.’’ Senator EDWARDS participation in continued human our very own troops. is right. It is more of the same old, rights abuses in Darfur, militia groups Madam Speaker, we can’t afford to same old. A leading Presidential can- remain a very real and present threat keep throwing money into the bottom- didate is saying it. The American peo- for the civilians in Darfur and eastern less pit of Iraq. That appears to be ple are sick of it. And so why is Con- Chad, despite peace negotiations. what our leaders in the White House gress pushing for it? Why would we Particularly, as reported by the push for a steady stream of lost jobs want us to do. But their policy is bank- United Nations, these systematic rupting all of us politically, economi- that gives incentives to multinational human rights violations have been and corporations to move overseas? Why cally, and morally. It is time that we continue to be committed with total would we agree to an agreement that come to our senses; it is time to end impunity throughout Sudan, especially would displace peasant farmers who this madness. in Darfur. It is clear that the Govern- would be forced to migrate to the f ment of Sudan has taken to turning a United States? blind eye to such atrocities, choosing DARFUR The American public aren’t fooled. instead to provide strikingly few pros- Campaign finance reform hasn’t The SPEAKER pro tempore. Under a ecutions, sentencing or even adequate stopped the incredible financial influ- previous order of the House, the gen- examinations of war crimes or crimes ence of multinational corporations. tleman from Maryland (Mr. CUMMINGS) against humanity, whether by criminal These corporations are weighing in is recognized for 5 minutes. courts or those courts established to Mr. CUMMINGS. Madam Speaker, to- investigate the violations. with the candidates, even Citibank. night this House passed House Resolu- These failures by the Sudanese Gov- Take, for example, the provisions hid- tions 740, 573 and 726 with regard to ernment to respect and abide by cus- den in the Peru FTA. As Senator ED- Darfur and Sudan. tomary international norms, inter- WARDS points out, ‘‘Buried deep in the Madam Speaker, decades from now national humanitarian and human 800-page text of the Peru FTA are am- our children’s children will look back rights laws embodied in the Universal biguous provisions that could allow on these times as an ugly blemish on Declaration of Human Rights, Inter- U.S. banks to demand compensation if human history. They will remember a national Covenant on Civil and Polit- Peru reverses its disastrous social se- time when innocent people were sense- ical Rights, Geneva Conventions and curity privatization.’’ lessly slaughtered in the Darfur region the Convention on the Rights of a The Peru FTA contains provisions of Sudan. The question is whether they Child that it is a party to demonstrates that could allow Citibank to demand will look back and see that this Nation a lack of respect for international law compensation in FTA foreign investor and this Congress stood up for what is and responsibility that it has to pro- protection tribunals from the Peruvian right and just, or did we sit idly by and tect its citizenry from unacceptable Government if Peru seeks to reverse its watch from the sidelines. levels of abuse. failed social security privatization. Madam Speaker, we must be on the Meanwhile, this Bush administration The Peruvian archbishop and both right side of this issue. That’s why I’m has held tightly to a hands-off ap- labor federation presidents asked the so glad that we have passed these reso- proach by failing to send any troops to Ways and Means leaders to fix this lutions today. Although much work re- Sudan, despite there clearly being a problem. And it hasn’t been fixed. mains to be done, they represent a step lack of an adequate and capable num- The House floor will be voting on this in the right direction. ber of African Union troops, amounting in a couple of weeks. As a Democratic The passage of these bills rightfully to a mere 7,000. Party, we have stood united against pressures the Sudanese Government to The President promised to not allow privatization of Social Security. We end civil strife and ongoing human another Rwanda-style atrocity to have not backed down. That is why it

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shocks me to hear that Senator OBAMA ruvian farmers, as Mexico’s farmers same out of this Congress? We ought to supports the Peru FTA. Yes, Senator well know, will be upended. This will be changing these trade agreements to OBAMA does support the Peru FTA. force increased migration of those indi- development agreements and treating Senator EDWARDS has it right. It is viduals to cities that are already swell- people with the respect they deserve. time to stick up for the American ing with large numbers of poor, and it f workers. It is time to reject the same is projected expanded illegal drug pro- NAFTA model that has devastated our duction as people try to stay in their PERU FREE TRADE AGREEMENT industry. It is time to listen to the home countries with no crops to sell, The SPEAKER pro tempore. Under a broad list of groups who do not support they turn to those illegal choices. previous order of the House, the gentle- the Peru FTA. Not one union, environ- Similar to the lack of protection for woman from California (Ms. LINDA T. mental, consumer, small business, Mexico’s corn and bean farmers under SA´ NCHEZ) is recognized for 5 minutes. faith, family farm group supports the NAFTA, which that corn and bean tar- Ms. LINDA T. SA´ NCHEZ of Cali- modified Bush Peru NAFTA Expansion iff is going to phase out at the end of fornia. Thank you, Madam Speaker. FTA. So why would any Presidential this year, and another 2 million of Tonight I rise to address the House and candidate? Mexico’s farmers will be hurt, we know the American people regarding the U.S. It is important to hear what the can- that what happens is that they either Peru Free Trade Agreement and its ef- didates are saying about protecting our emigrate to adjoining cities or to the fect on working families. But before I jobs and fighting for fair trade deals. It United States, many of them illegally, launch into my remarks, I want to be is important that we stick together in or they turn to the illegal sector where clear. I am committed to trade. I be- this fight to keep our jobs here at they literally risk their lives in order lieve trade is an essential component home. I encourage my colleagues to to survive. to the development and strengthening vote ‘‘no’’ on the Peru FTA. What kind of a plan is this that of our economy. would treat the people of developing f Done the right way, trade can in- countries with such derision? What crease our access to raw material for THE PERU TRADE DEAL kind of a plan is it that would hurt our production and create American jobs. The SPEAKER pro tempore. Under a farmers to that extent? Why does it al- It can open foreign markets to our previous order of the House, the gentle- ways have to be a negative? Why can’t goods and services and bring new and woman from Ohio (Ms. KAPTUR) is rec- trade be a plus plus? Importantly, Peru unique products into the United ognized for 5 minutes. was the world’s top coca producer in States. Done the right way, trade can Ms. KAPTUR. Thank you, Madam 1996, and coca production remains a not only contribute to the economic Speaker. viable alternative for farmers forced to prosperity of America and its working The Peru trade deal will also be bad give up their legal crops. families, it can also strengthen the for U.S. agriculture and all farmers in Is anybody listening? Is anybody economic and political stability of our our country and, amazingly, in Peru. thinking? It is pretty clear what is trading partners. It is because I believe So both here at home and abroad it going to happen because there is noth- in the many positive impacts that will result in more harm. ing in the agreement to help Peru ad- trade can bring when done the right Let’s look at the facts. This current just. We saw what happened when that way that I have been fighting for a new trade deficit chart with Peru tells us didn’t occur under NAFTA. There were trade model. we are already in the red with Peru, as no adjustment provisions for Mexico’s The NAFTA-style trade free trade we are in the red with China and in the farmers. CAFTA, the same thing, and agreements negotiated by the Bush ad- red with Mexico and in the red with al- now we add Peru on top of the pile. ministration are the wrong way to do There is nothing in the Peruvian agree- most every other trading country, trade. They bring nothing more than ment for adjustments inside of Peru. Japan, et cetera. The U.S. vegetable empty promises and harm to the Amer- The displaced farmers have few op- trade deficit with Peru is already a ican working class. My support for tions. If they do not turn to coca pro- part of this. According to the U.S. De- smart trade agreements that work for duction or other illegal industries, partment of Agriculture, Foreign Agri- working people means that I cannot they will be forced to move. And we cultural Service, just the vegetable support the U.S.-Peru FTA. It is based can ask where. To the overcrowded cit- deficit component is already over $200 on the North American Free Trade ies of Peru, further straining those re- million in 2006. So America’s vegetable Agreement, NAFTA, which has re- sources? To another country? With the farmers will lose more market share. sulted in job losses in America, pushed debate raging about illegal immigra- They have already lost market share, tion and with us unable to reach a civil small farmers off the land in Mexico, especially those who farm asparagus, accommodation across this continent, and jeopardized public health and safe- onions and peas. Their situation will be wouldn’t it be truly cruelly irrespon- ty policies in the U.S., Mexico, and similar to the plight of America’s to- sible to support another trade agree- Canada. mato, bell pepper and cucumber farm- ment that could result in more devas- When the administration announced ers who learned well what happened tation to small holders? its new policy on trade earlier this after NAFTA was signed. They all lost Shouldn’t we be helping these farm- year, I, along with the rest of my col- production as it relocated. ers adjust inside their own homelands? leagues in the House Trade Working Several global corporations have al- That is long overdue inside of Mexico, Group were hopeful that the adminis- ready indicated what they are going to in order to help people earn money in tration had taken bold steps to im- do. They are already putting their their own countries, rather than wipe prove its trade policy. Unfortunately, processing plants in Peru. Green Giant out hundreds of thousands of people as it soon became clear that the Peru has done it. Del Monte has done it. The if their lives and their cultures didn’t FTA, along with the rest of the pend- pattern is the same, the same as under matter. And then we get the added ing trade agreements, retain the basic NAFTA. As was the case with Mexico problem of illegal labor trafficking structure of NAFTA and CAFTA. The where millions of peasant farmers were into this country, which we can’t con- bold promises of new protections for upended under NAFTA with no adjust- trol. workers turned out to be nice promises ment provisions for them, Peru’s farm- The Peru agreement doesn’t do any- that had little chance of being en- ers will also be hurt when these same thing to address these serious human forced. global corporations take over their concerns. It does have some of the The American people are fed up with farming operations and flood their glossy language like NAFTA and trade agreements that only benefits markets with rice, corn, and chicken. CAFTA did that ends up toothless in the ‘‘haves’’ while making it harder for We expect that an additional 3 mil- terms of enforcement. the ‘‘have-nots’’ to get ahead. A recent lion Peruvian agricultural workers will Madam Speaker, why would the Wall Street Journal survey identified be directly affected and millions of Pe- American people be given more of the the declining public confidence in the

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More than two million trade is harmful to the U.S. economy. weak allowing countries to downgrade displaced Darfuris, including hundreds The promises of U.S. job creation and their own labor laws. of thousands in camps, have been un- an increased standard of living for the Minor adjustments in NAFTA-style able to return to their homes. The per- working class have not been fulfilled. deals such as the U.S. Peru FTA are petrators of the worst atrocities re- Instead, we continue to see the rich get not good enough. We need to reject the main unpunished. Despite a renewed richer and the rest, the middle and Peru FTA agreement, and I urge all my U.N. push, the international peace- working class, get left behind. The ad- colleagues to oppose it. keeping troops that Bush has long been ministration asserts that the new addi- f seeking have yet to materialize. Just tions to the Peru agreement will add this weekend, peace talks in Libya long-sought labor and environmental b 2000 aimed at ending the 4-year conflict ap- protections; however, a careful anal- ENDING THE GENOCIDE IN pear to be floundering because of a boy- ysis reveals that there are few changes DARFUR cott by key rebel groups. from the basic NAFTA–CAFTA text. ‘‘Many of those who have tracked the The SPEAKER pro tempore. Under And even when there are changes, the conflict over the years, including some the Speaker’s announced policy of Jan- new provisions offer few new protec- in his own administration, say Bush uary 18, 2007, the gentlewoman from tions. has not matched his words with action, Ohio (Mrs. JONES of Ohio) is recognized If the Peru FTA is so great, where is allowing initiatives to drop because of for 60 minutes as the designee of the all the union support for it? Why do so inertia or failure to follow up, while majority leader. many environmental groups oppose it? proving unable to mobilize either this NAFTA–CAFTA provisions that have GENERAL LEAVE bureaucracy or the international com- caused downward pressure on wages, Mrs. JONES of Ohio. Madam Speak- munity.’’ the export of U.S. jobs and an import of er, I ask unanimous consent that all I continue to quote from the Wash- unsafe products and food have saved Members have 5 legislative days to re- ington Post: ‘‘The President, who fa- little. This so-called new deal is a bad vise and extend their remarks and in- mously promised not to allow another deal. It is an old clunker with a new clude extraneous material in the Rwanda-style mass murder on his coat of paint. But even if this new deal RECORD on the topic of my Special watch, has never fully chosen between contained the most stringent labor and Order. those inside his government advocating environmental protections in the The SPEAKER pro tempore. Is there more pressure on Sudan and those ad- world, it would be dependent on the ex- objection to the request of the gentle- vocating engagement with the Islamist ecutive branch for enforcement. And woman from Ohio? government. So the policy has veered enforcement of labor and environ- There was no objection. from one approach to the other.’’ mental standards is something the cur- Mrs. JONES of Ohio. Madam Speak- Today, I am pleased to say that the rent administration is unlikely to do. er, another opportunity to be here on House passed three resolutions on Let’s be honest. The Bush administra- the floor on Monday night during the Darfur, which I will discuss as I come tion has a consistent record of non- Congressional Black Caucus message back to the microphone. I am pleased enforcement. hour, and you are in the chair. What a to be joined again this evening, Madam We need a real new deal, not another privilege. Speaker, by one of my colleagues and NAFTA clone. Simply put, the NAFTA I rise tonight, Madam Speaker, dur- good friends, Congresswoman BARBARA model doesn’t work. It has failed to ing this message hour to pause to ad- LEE of California. She has been out bring the jobs and prosperity that we dress an ongoing crisis in Darfur. For front, particularly on this issue. We were promised. Remember when we many years now we have seen the dev- have had an opportunity to have press were promised that NAFTA would cre- astating atrocities taking place in the conferences with several leading Holly- ate jobs in Mexico and stem the flow of Darfur region of Sudan. With the sup- wood-types who have really been with immigration? Remember when we were port of the Sudanese Government, the us on the issue. promised that NAFTA would ensure janjaweed militia has ravaged the peo- Madam Speaker, I am happy to yield our trading partners would uphold the ple of Darfur, raping, torturing, mur- such time as she may consume to the same strong labor and environmental dering and forcing hundreds of thou- great woman from the great State of standards that we have here in the sands of Darfuris to flee to refugee California (Ms. LEE). U.S.? And now, this administration is camps in neighboring Chad and the Ms. LEE. Madam Speaker, first let asking us to believe its promise that Central African Republic. We saw the me thank the gentlewoman from Ohio the labor and environmental provisions same devastation in Rwanda over a for yielding and her leadership in orga- of the Peru agreement will be strin- decade ago; and the American people nizing these Special Orders. This is a gently enforced. have made their voices heard on this particularly timely discussion we are Well, if the experience of the last 10 issue, vowing never again to remain si- having tonight, and I want to again years hasn’t convinced you, I have lent when humanity is threatened. thank Congresswoman STEPHANIE some swamp land in Florida that I The Congressional Black Caucus has TUBBS JONES for ensuring that not only would like to sell you. So long as we been a leader on this issue. I, along this issue, the ongoing genocide in have to rely on this administration to with many of my Congressional Black Darfur, stays in the spotlight, but also protect the rights and safety of work- Caucus colleagues, were some of the so many issues that we are addressing ing men and women, we will continue first Members of Congress to speak out here on behalf of the American people to be disappointed. This administra- about this issue. We have been to the and as a result of the Congressional tion’s track record does not reflect a Sudanese embassy to protest. Many Black Caucus being the conscience of real commitment to the working fami- were arrested. We have visited the re- the Congress. Congresswoman TUBBS lies of America. The truth of the mat- gion numerous times and we have re- JONES, thank you very much for your ter is that the NAFTA model heavily peatedly addressed this issue with voice, stepping up to the plate, and favors the wealthiest few leaving small President George Bush in meetings, your constant leadership on the issues businesses to fend for themselves on an asking him to take immediate action. we are addressing, which are so timely unequal playing field. The Peru Free Yet, once again, we come to the House and, quite frankly, so difficult. Trade Agreement has been advertised floor to challenge this administration The poor track record of the Suda- as the new model for trade deals. This to take a stand in Darfur. nese Government in previous talks

VerDate Mar 15 2010 12:43 Aug 20, 2010 Jkt 059102 PO 00000 Frm 00038 Fmt 0688 Sfmt 0634 E:\BR07\H29OC7.001 H29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28582 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 October 29, 2007 really have warranted our work here to ment has become a national movement place and that we cannot allow this become more intense and revved up. that has the potential to really hit the death and destruction to continue. We have got to do our part to keep the Government of Sudan where it hurts So I want to commend members of pressure up on all sides, especially the the most, and that is their wallets. the Congressional Black Caucus for government, and come together to stop Today, 20 States, 59 universities, 10 cit- really putting their bodies on the line the violence and the killing. ies and scores of individuals and orga- and getting arrested and doing some of Now, Members of the Congressional nizations around the country have cho- the things that we had to do in the six- Black Caucus and Congresswoman sen to divest from businesses sup- ties and the seventies to ‘‘make some TUBBS JONES, I am very pleased that porting the genocidal regime in Khar- noise,’’ as Congressman JOHN LEWIS you recounted some of this history to- toum. Their actions have already had says, because we have to work with our night because it was Congressman DON an impact. Once we introduced DADA outside groups and we have to do the PAYNE who for so long was the lone over here, many multinational compa- legislative work. We have to do what it voice in the wilderness with regard to nies began to significantly change takes to end this. the genocide that was taking place. Fi- their business operations in Sudan, and We cannot have another Rwanda. Un- nally, several years ago he brought to- some actually ceased doing business fortunately, Congresswoman TUBBS gether this entire body to declare that there. JONES mentioned Rwanda. We stood by what atrocities we had witnessed is So we must follow through on this and we saw nearly 1 million people die. genocide. massive grass-roots mobilization and The only thing our government did was So this declaration of genocide ex- pass Federal divestment legislation apologize after the fact, after the fact. ists, it’s a matter of record, and we, un- now so that we can put further pres- One million people. fortunately, have not acted in a way sure on Khartoum to end this genocide. So not on our watch are we going to that warrants that declaration in As we pursue divestment, we must allow another Rwanda to take place. terms of the Darfurian people. So we also ensure that we support our peace- Whatever we have to do, we will do. have to remember Congressman DON keeping efforts in the region and pro- The people of Darfur are suffering and PAYNE tonight and members of the tect civilians and prevent violence. they are dying. The world is watching. Congressional Black Caucus who have Again, I witnessed what was taking Congresswoman CAROLYN KILPATRICK, visited Darfur. I have been there on place on the border of Chad several under her leadership, we met with the three occasions. We have witnessed the years ago in Sudan, and also this year President of Algeria. We met with tragedy, we have witnessed the faces, and last year with two additional con- President Mubarak. We tried to bring the eyes of the children who have seen gressional delegations; and each time I forth the League of Arab Nations. We right before their eyes their villages was there, I saw more violence and it talked to China and their representa- burn, their women raped and their fam- was getting much worse; and it still is tives. We passed resolutions here in a ily members killed. getting much worse. It is very important that we come to- The recent attacks, really the AU bipartisan manner to ask China and gether once again with our young peo- forces, actually when we were there the League of Arab Nations to join ple from around the country, because it last time, I believe it was five soldiers with us in condemning this genocide is young people who are leading the were killed from the African Union. and doing the things that need to be charge, and the faith community, to They are really overstretched and we done. So we cannot stand by and do end this genocide. Unfortunately, as need to make sure we approve the $210 nothing. Not on our watch, not on our dime. Congresswoman TUBBS JONES said ear- million in the Foreign Operations ap- lier and, again, The Washington Post, propriations bill, because they deserve So I want to congratulate Congress- actually the headlines today, says: the resources, they need the resources. woman JACKSON-LEE for the passage of ‘‘U.S. promises on Darfur don’t match We need a strong, robust force to pro- your resolution today, and all of the actions. Bush expresses passion for vide for peacekeeping operations. other Members that are working so issue but policies have been incon- So I hope that the President will not hard each and every day 24/7, to stop sistent.’’ veto this legislation and that he will this slaughter that is taking place in Let me mention a couple of the poli- sign the DADA bill, which would begin Darfur. cies in addition to the bills that were to end this genocide in Darfur and to Congresswoman TUBBS JONES, thank passed today, which were very impor- assist the Darfurian people. you again for your leadership and for tant, major steps in the right direc- Our Speaker, Speaker NANCY PELOSI, calling us together once again to beat tion. We introduced a resolution, Con- has been such an unbelievable leader the drum and to let the American peo- gresswoman TUBBS JONES was a co- on this issue. She has made this a pri- ple know that not on our watch, not on sponsor, and I introduced it with many ority. I participated with her on her our dime, will this genocide continue. others, about a year and a half ago, delegation last year. Subsequent to Mrs. JONES of Ohio. Madam Speak- which really was a bill calling for di- that, Majority Leader STENY HOYER led er, I include for the RECORD from to- vestment and allowing States to di- a delegation. And Congressman ED day’s Washington Post, October 29, vest. This bill is called the Darfur Ac- ROYCE led a delegation where Don 2007, this first part of the article enti- countability and Divestment Act, bet- Cheadle, the wonderful Academy tled, ‘‘U.S. Promises on Darfur Don’t ter known as DADA. Award nominee for Hotel Rwanda, was Match Actions’’ by Michael Two weeks ago, the Senate banking with us and spent time in the refugee Abramowitz. committee amended and passed DADA, camps. [From the Washington Post, Oct. 29, 2007] which, again, is bipartisan, and it real- I share that, because the world needs ly is a major bill that I hope gets to to know that this has been here in the U.S. PROMISES ON DARFUR DON’T MATCH the President’s desk very soon. What it House and Senate a bipartisan effort, ACTIONS does is it would authorize divestment but we still haven’t quite done what we (By Michael Abramowitz) from certain companies doing business need to do. But it is a moment that we In April 2006, a small group of Darfur activ- in or with Sudan and prohibit any new must all embrace now, because we have ists—including evangelical Christians, the Federal contracts with such compa- to do this. More people are getting representative of a Jewish group and a nies. No one should have to worry that killed each and every day. former Sudanese slave—was ushered into the they are supporting genocide, whether Yes, some of us were arrested. We Roosevelt Room at the White House for a were very involved in the anti-apart- private meeting with President Bush. It was it is through their tax dollars or their the eve of a major rally on the National pension funds. heid movement, and sometimes you Mall, and the president spent more than an Madam Speaker, thanks to the per- have to do things out of the box to hour holding forth, displaying a kind of pas- sistence of a committed group of stu- make sure that the public understands sion that has led some in the White House to dents and grass-roots activists, divest- that death and destruction is taking dub him the ‘‘Sudan desk officer.’’

VerDate Mar 15 2010 12:43 Aug 20, 2010 Jkt 059102 PO 00000 Frm 00039 Fmt 0688 Sfmt 0634 E:\BR07\H29OC7.001 H29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 29, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 28583 Bush insisted there must be consequences the U.S. involvement in Iraq and Afghani- Bush’s initiative to broker a north-south for rape and murder, and he called for inter- stan, he cannot be seen as ‘‘invading another deal worked. Despite difficult negotiations, national troops on the ground to protect in- Muslim country,’’ according to people who Sudanese President Omar Hassan al-Bashir nocent Darfuris, according to contempora- have spoken with him about the issue. agreed in January 2005 to a plan to share neous notes by one of those present. He ‘‘It’s impossible to keep Iraq out of this power and oil revenues with the rebels—and spoke of ‘‘bringing justice’’ to the picture,’’ said Edward Mortimer, who served even gave the south the right to secede in six Janjaweed, the Arab militias that have par- as a top aide to then-U.N. Secretary General years if the leadership could not reconcile ticipated in atrocities that the president has Kofi Annan and says resentment over Iraq their differences. repeatedly described as nothing less than caused many countries to not want to co- But by then a separate conflict had ex- ‘‘genocide.’’ operate with the United States on Darfur. ploded in Darfur, as long-standing conflicts ‘‘He had an understanding of the issue that Bush advisers argue that the lack of suc- between African farmers and Arab herders went beyond simply responding to a briefing cess reflects the limitations of working over land, and a failure by the Khartoum that had been given,’’ said David Rubenstein, through institutions such as the United Na- government to redress local grievances, a participant who was then executive direc- tions, NATO and the African Union. They boiled over into armed rebellion. tor of the Save Darfur Coalition, which has cite the billions of dollars of U.S. relief aid The government turned to a tactic it had been sharply critical of the administration’s that has kept millions of Sudanese alive. employed in fighting the southern rebels: response to the crisis. ‘‘He knew more facts They say U.S. pressure has kept the issue on arming local Arab militias, the Janjaweed, than I expected him to know, and he had a the world’s agenda. to carry out a counterinsurgency on its be- broader political perspective than I expected ‘‘If there was ever a case study where the half. The militias rampaged throughout him to have.’’ president sees the limitations and frustra- Darfur starting in mid–2003, burning hun- Yet a year and a half later, the situation tions of the multilateral organizations, it is dreds of villages, raping women and sum- on the ground in Darfur is little changed: the issue of Darfur,’’ said Dan Bartlett, marily executing African villagers, accord- More than 2 million displaced Darfuris, in- former White House counselor. ‘‘Everybody ing to numerous human rights reports. More cluding hundreds of thousands in camps, for the most part can come to a consensus: than 200,000 people have died in Darfur since have been unable to return to their homes. Whether you call it genocide or not, we have the crisis erupted, according to U.N. esti- The perpetrators of the worst atrocities re- an urgent security and humanitarian crisis mates. Some estimates place the figure as main unpunished. Despite a renewed U.N. on our hands. Yet these institutions cannot high as 450,000. push, the international peacekeeping troops garner the will or ability to come together Many familiar with Sudan believe that that Bush has long been seeking have yet to to save people.’’ Bush and his aides initially averted their materialize. There is no doubt that responsibility for gaze to the flaring violence in Darfur be- Just this weekend, peace talks in Libya inaction on Darfur can be spread around. The cause raising the issue might interfere with aimed at ending the four-year conflict ap- Sudanese government has resisted coopera- the difficult negotiations with Bashir. Some peared to be foundering because of a boycott tion at every step in the saga and has been U.S. officials saw another reason for the re- by key rebel groups. shielded at the United Nations by China, its luctance to get involved: preserving a bur- Many of those who have tracked the con- main international protector. Few other geoning intelligence relationship with Khar- flict over the years, including some in his Western nations, with the notable exception toum, which had begun sharing critical in- own administration, say Bush has not of Britain and some Nordic countries, have formation about al-Qaeda and other Islamic matched his words with action, allowing ini- shown much interest in resolving the crisis. extremists. tiatives to drop because of inertia or failure The process of raising peacekeepers from ‘‘There was a tendency not to see Darfur to follow up, while proving unable to mobi- U.N. members has proved tortuously slow. initially for what it was,’’ said Gerard lize either his bureaucracy or the inter- ‘‘There’s an enormous stain on the world’s Gallucci, who served in 2003 and 2004 as the national community. conscience,’’ said Mitchell B. Reiss, former top U.S. diplomat in Khartoum. It was well The president who famously promised not State Department policy planning chief. ‘‘We known among Western governments, he said, to allow another Rwanda-style mass murder collectively stood by and let it happen a dec- that Sudan ‘‘was using terror to cleanse on his watch has never fully chosen between ade after it happened in Rwanda.’’ black Muslim Africans from land that they those inside his government advocating more A PRESIDENT’S PASSION had promised the Janjaweed.’’ pressure on Sudan and those advocating en- Such claims are vigorously contested by gagement with its Islamist government, so In late 2005, Bush gathered his most senior Danforth and other Bush advisers, who say the policy has veered from one approach to advisers to discuss what to do about Darfur. the president repeatedly warned Bashir another. He wanted to know whether the U.S. mili- about the consequences of sending Arab mili- Meanwhile, a constant turnover of key ad- tary could send in helicopter gunships to at- tias after defenseless civilians. ministration advisers on Darfur, such as tack the militias if they launched new at- Over time, Bush has become increasingly former deputy secretary of state Robert B. tacks on the refugee camps. Could they also outspoken about the situation in Darfur, Zoellick and presidential aide Michael shoot down Sudanese military aircraft if raising the issue with foreign leaders and Gerson, has made it hard for the administra- necessary? he asked. His aides worried that meeting privately with dissidents and other tion to maintain focus. the United States could get involved in an- little-known political players in Sudan to ‘‘Bush probably does want something done, other shooting war, and the president backed encourage a solution. In recent months, he but the lack of hands-on follow-up from this off. has singled out Bashir for harsh condemna- White House allowed this to drift,’’ said one ‘‘He wanted militant action, and people tion, accusing him of subverting efforts to former State Department official involved in had to restrain him,’’ said one senior official bring peace to Darfur. Darfur who did not want to be quoted by familiar with the episode. ‘‘He wanted to go Meeting with the Darfur activists, Bush name criticizing the president. ‘‘If he says, in and kill the Janjaweed.’’ acknowledged that Sudan had cooperated in ‘There is not going to be genocide on my The meeting underscored both Bush’s per- anti-terrorism initiatives—but he insisted watch,’ and then 21⁄2 years later we are just sonal investment in Sudan, dating back to that Khartoum could not ‘‘buy off’’ the getting tough action, what gives? He has the beginning of his administration, and his United States, Rubenstein said. made statements, but his administration has instinct, which aides have kept in check, to Last spring, when the White House worked not given meaning to those statements.’’ take direct action. on a new plan to try to press Sudan’s govern- Since the United States became the first Many close to Bush believe that this in- ment to accept international peacekeepers, and only government to call the killing in tense interest in the issue was heavily influ- it was the president himself who was the Darfur genocide, Bush and his aides have enced by American evangelicals, who have driving force in the interagency process, grappled with how to provide security for ci- adopted the cause of Christians in southern many officials involved the debate said. Ac- vilians in a large, remote area in the heart of Sudan. Even before the crisis in Darfur, in cording to national security adviser Stephen Africa. western Sudan, one of Bush’s foreign policy J. Hadley, Bush refused to accept a program While almost everyone involved in Darfur goals was to try to end the civil war between developed to confront Sudan because he was policy agrees that an African Union peace- the Muslim government in Khartoum and concerned that it was not tough enough. He keeping force of just 7,000 troops is not up to rebels in the south, a conflict that had lasted kicked it back to the bureaucracy. the task, the United States has refused to more than two decades and cost more than 2 ‘‘I’ve had it with this incrementalism,’’ send troops and, despite promises of rein- million lives. Hadley quoted the president as saying in the forcements, has yet to secure many addi- Former Senator John C. Danforth (R-Mo.), Oval Office. ‘‘We’re going to lead, and if peo- tional troops from other countries. At the whom Bush appointed as his special envoy ple don’t want to follow us, they’re going to same time, it has been unable to broker a for Sudan, said the president’s interest in have to stand up and explain why they are diplomatic resolution that might ease the vi- the country is rooted in a larger sense of mo- willing to let women continue to be raped in olence. rality. ‘‘This isn’t a country that has much Darfur.’’ Even Bush has complained privately that strategic interest for the United States,’’ he At one point, one senior official said, Bush his hands are tied on Darfur because, with observed. wanted action to crimp Sudan’s booming oil

VerDate Mar 15 2010 12:43 Aug 20, 2010 Jkt 059102 PO 00000 Frm 00040 Fmt 0688 Sfmt 0634 E:\BR07\H29OC7.001 H29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28584 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 October 29, 2007 business, a move that would have severely spond to the pain of what is going on, of access to food and water? In essence, aggravated relations with China—and that and the legislative initiatives and the there is a degree of malnutrition, even no one else in the government favored. work we did with Congresswoman LEE though I want to give great thanks to There was stunned silence in the room, the official said, when Hadley disclosed Bush’s on the divestiture bill. And I, too, be- the NGOs, but it is just not enough. idea to other government officials. Hadley lieve it is long overdue that this bill These people need food and health care made clear he was not interested in having a should move and be signed by the and water and the ability to survive. discussion, but the administration never President of the United States. Yet we are seeing the constant dust went as far as the president seemed to be de- Just this past summer, I led a delega- up of the violence around the camps. manding. Instead, Treasury officials came up tion with the gentleman from Ohio We saw it firsthand, and it is impor- with a sanctions plan aimed at tracking and (Mr. CHABOT) and the gentleman from tant that these troops are able to come squeezing key individuals and companies in Nebraska (Mr. SMITH) to go into Darfur in without the violence. Let me just the Sudanese economy, including the oil and get into the soul and the soil of cite the incident that occurred on Sep- business. I want to thank the gentlewoman Darfur and begin to realize and to em- tember 29. An estimated 1,000 members phasize the importance of moving on from California, my good friend BAR- of a heavily armed Darfur rebel group the peacekeepers. BARA LEE, for her leadership on so in 30 vehicles, armed with heavy artil- many issues. As we come to the floor We were the first American delega- lery and mortars overran a small base tonight, I want to thank her for her tion to go in right after the recognition in Darfur, Sudan, which was occupied work that she has done in Darfur and that the peacekeepers should come in by the African Union mission peace- thank her for joining me again in this and the agreement by the government keepers. The ambush resulted in sev- hour. in Khartoum, as represented to us by eral hours of intense fighting that As has been said previously, there the U.N., that they had agreed to killed 10 peacekeepers and wounded were three pieces of legislation on peacekeepers. We went in, and not only many others. Darfur that were voted on on the floor did we go to Darfur, Sudan, but we According to U.N. estimates in the today, and one of those resolutions went to Tunisia and Algeria and Ethi- aftermath of this brutal attack, which happened to be a resolution authored opia, and we asked each governing was described by the African Union body to provide troops to the peace- by my colleague and good friend SHEI- commander as deliberate and sus- keeping effort through the African LA JACKSON-LEE from the great State tained, 15,000 civilians fled the area to of Texas. Union because it was a serious effort. neighboring towns or the wilderness She has had many great opportuni- But what we found most of all was fearing for their safety. And in the wil- ties to take the lead on some of these red tape. I want to put a human face on derness, there is nothing but death. issues as well. I have to say she and these refugee camps: 2.4 million dis- There is violence by the janjaweed and placed. The genocide in Darfur has de- BARBARA LEE have been wonderful rebels not in line with the peace- about helping me with this CBC mes- stroyed well over 60 percent of the vil- keeping mission. There is devastation, sage hour every week. lages in Darfur, displaced over 2 mil- lack of water. There is lack of food. I am happy to yield to my colleague lion people, killed an estimated 400,000 There is death. And the 15,000 that fled and good friend SHEILA JACKSON-LEE of and driven 200,000 into Chad, and that were the elderly, women with children Houston, Texas. is a separate story in talking about the and families. Ms. JACKSON-LEE of Texas. Thank physical and emotional and financial Madam Speaker, this is what is going you, Madam Chairman and Madam burden of the refugees on Chad and the on in Sudan and so it is important for Manager. I think it is appropriate to conflict that is rising up in Chad be- the Congressional Black Caucus to list congratulate and to thank you again cause of the refugees. a number of efforts, including the di- for giving us the opportunity to pro- Today the House considered H. Res. vestiture, including a number of initia- vide a face on the work of the Congres- 740, which condemned in the strongest tives, putting ourselves forward to pro- sional Black Caucus and to thank our terms the recent attacks on African test at the Sudanese Embassy. chairwoman, the Honorable CAROLYN Union peacekeepers that occurred in Let me say the recent ambassador KILPATRICK, for working with us to Haskanita, Darfur, Sudan, on Sep- that I discussed this matter with continue to show the efforts being tember 29, 2007. I introduced this bill seemed to care, seemed to want to do made that have such a vast array of along with the gentleman from Ohio something. But my words are that you impact. Let me thank the distin- (Mr. CHABOT), and 55 Members joined can’t want to do something; you must guished Speaker this evening for her me in this. They recognized that we are do something. leadership as well as we work together. not going to make any steps of success So here you can see the landscape. I am grateful that my first efforts to put a human face on the suffering. Although it reflects the landscape of with the Honorable Congressman BAR- We are not going to be able to pull that Sudan generally, this is a compound BARA LEE was an historic trip that we suffering back, to be able to quash the where people are confined and these took some years ago as the first Presi- janjaweed, to be able to separate the children have nowhere to go. They dential trip or major statement before rebels, to prevent some of the tragic have no life. They have no games. They the Marshall Plan on HIV/AIDS. I cite stories that I heard. have no way of looking to the future. that to say that it can be done. You We sat in the refugee camps to listen As you see, this group of children, can get your hands around a major dev- to the women who spoke about their there are thousands upon thousands astating killer. HIV/AIDS is a killer. It plight. This is a growing Rwanda. And upon thousands of children. Babies continues to kill in Africa. But yet I remember people saying, ‘‘Never being born as well. And, therefore, there is the Millennium Account, there again, not on my watch.’’ I remember these babies are being born with lim- are a number of issues that address the the horror of recognizing the inaction ited health care, malnutrition. And it question of HIV/AIDS. Part of it was of this government, the American Gov- is important to note that they are out of the trip that Congresswoman ernment as related to the crisis in struggling under these conditions. BARBARA LEE and myself and Congress- Rwanda. Then it was we did not know. This is a mother and child. They are woman KILPATRICK went on some years Now we have the backdrop of Rwanda. trying to make mud bricks so they ago. Thank God Rwanda is moving to a don’t have to go out beyond the param- country of stability and overcoming eters of the refugee camp because that b 2015 their horrific crisis. But after a million is when these women are attacked. And so as I stand here today to ac- deaths, is that what we want to see Their livelihood is dependent on get- knowledge the Congressional Black after 400,000 have died, over 2 million ting firewood as they did 50, maybe 100 Caucus, I want to reinforce the fact of displaced, 2.4 million displaced, chil- years ago. Every time they go out to the number of Members who were ar- dren whose birth weight is far below get firewood, the women are subjected rested of the organized campaign to re- the average because of limited amount to rape. The men cannot go because

VerDate Mar 15 2010 12:43 Aug 20, 2010 Jkt 059102 PO 00000 Frm 00041 Fmt 0688 Sfmt 0634 E:\BR07\H29OC7.001 H29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 29, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 28585 they may be killed, so the women go. sit down in a meeting at which he Rape and pillage and suffering is going They scavenge the land. It is com- came, and at that meeting he made the on. I ask on this floor for the U.N. and pletely barren because you have 2.4 statement which he then made public the new Secretary General to take a million people living in one compound that he had determined this was geno- firm stand to move U.N. peacekeepers trying to survive. So they have come cide based on the pursuit, the pressure, in now and to help the AMIS effort, the up with a creative way to try to use the information, the agitation, the ad- African Union peacekeepers now, and the mud to keep the fire going so they vocation of members of the CBC and of have these people move back to their don’t have to go out as much. This is course other colleagues in the Demo- places of residence and to solve the vio- the condition. This is where they cook. cratic Caucus and of course in the Re- lence and the viciousness going on in This is the communal cooking area. I publican Caucus, because this is a bi- Darfur. Enough of genocide and enough can assure you, as loving as this moth- partisan issue. of the travesty on human rights. er is, that the food is so limited it may So the Secretary of State Colin Pow- I include the remainder of The Wash- be one meal a day. It may be a porridge ell announced, I believe in 2004, that ington Post article dated September 29, because of the limit of wildlife, access this was genocide by this government. 2007, for the RECORD. to meat and vegetables, and these are So the President recognized what was WAY OF SENDING TROOPS the conditions. happening, and the article goes on to At an appearance in Tennessee this sum- I will say to you that the people are say that the White House, President mer, Bush raised a question many have resilient, but they are looking to us to Bush, had an understanding of the asked about the situation in Darfur: ‘‘If there is a problem, why don’t you just go do something, and the question is: issue that went beyond simple respond- take care of it?’’ But Bush said he consid- What are we going to do? These are the ing to a briefing that had been given, ered—and decided against—sending U.S. women who I sat down with trying to said David Rubinstein, a participant troops unilaterally. ‘‘It just wasn’t the right make baskets to sell. I listened to their who was then executive director of the decision,’’ he said. stories about the intrusions at night Save Darfur Coalition, which has been With the United States tied down in Iraq coming into the camps, going into sharply critical of the administration’s and Afghanistan, skepticism about using their living quarters and attacking response to the crisis. U.S. soldiers, even in a limited way, cut He knew more facts than I expected across agencies and bodies that often dis- them. And only through their screams agree, from the State Department to the did they have men and others come to him to know, and he had a broader po- Pentagon to Vice President Cheney’s office, scare away the attackers. So they are litical perspective than I expected him according to many current and former offi- not safe from rape even in these vil- to know. Yet a year and a half later, cials. lages. This is a crime against human- having known all of this information, Advisers say Bush came to accept, albeit ity. the situation as you reported on the grudgingly, the arguments against using Those of us who believe in the sanc- ground in Darfur is little changed, and U.S. military assets—especially the possi- bility that they might attract al-Qaeda. ‘‘In tity of human life, the abhorrence of more than 2 million people remain dis- my mind, there would never be enough rape and violence, this is a disgrace of placed. The question is that if we know troops to impose order on this place,’’ former what these women are facing. I, too, all of this, if the administration knows secretary of state Colin L. Powell said an join in reflecting in the words and the all of this, if we have declared geno- interview. ‘‘The only way to resolve this headlines in The Washington Post, cide, it is imperative that we act. problem was for there to be a political settle- ‘‘U.S. Promises on Darfur Don’t Match In my visit in August, I could see ment between the rebels and the govern- Actions.’’ there was no action. There was no ac- ment.’’ Sharing this belief was Powell’s bureau- But what I want to say to the Com- tion in the south to settle that down so cratic nemesis, then-Defense Secretary Don- mander in Chief who has just asked for rebels are scattered. There are now ald H. Rumsfeld, who advocated sending some $46 billion or more for the Iraq multiple rebel groups, and then there is troops to Iraq but not to the middle of Afri- war when our soldiers have already the conflict with the janjaweed. ca, according to many officials in the gov- done their job and the American people I think tonight what we wanted to do ernment. want them home, what we want to see was to reconfirm and reaffirm the Con- This aversion to any use of force was frus- done is where the benevolence of the gressional Black Caucus is not going to trating to some lower-ranking government officials, who saw a modest U.S. military ef- United States can help get something let this rest. We are not going to suffer fort as indispensable to making the Sudanese accomplished, where people are looking the indignities that these people are take American diplomacy seriously. Early in for our safety net, and our technical experiencing and suffering. We are the crisis, in the summer of 2004, the U.S. help with the peacekeepers can make a going to call on our colleagues in the mission in Khartoum made clear to Wash- difference. Congress. We are going to thank ington its belief that the African Union was Listen to these words from the Speaker PELOSI and Leader HOYER and incapable of dealing with the security prob- former director of the Darfur Coalition Majority Whip CLYBURN, Chairman lem in Darfur on its own. It recommended that several hundred U.S. who I have worked with, and I thank EMANUEL and Vice Chairman LARSON troops help fly in African Union forces and him and thank them for their leader- and our leadership in the Congressional provide other assistance, according to a ship. Bush insisted there must be con- Black Caucus, which I am proud to former State Department official. The idea sequences for rape and murder, and he serve as whip, our leadership, that was never seriously entertained, the official called for international troops on the what I believe we need now is for this said, and it was not until two years later ground to protect innocent Darfuris. administration to move on getting the that the United States began making efforts According to contemporaneous notes peacekeepers on the ground, to not at the United Nations to bolster the over- matched African mission. by one present, he spoke of bringing take no for an answer, to help move Roger Winter, a former State Department justice to the janjaweed, the Arab mili- the U.N. so they can join with the Afri- official who was intimately involved with tia, that has participated in atrocities can Union peacekeepers, because it is Sudan policy during the Bush administra- that the President has repeatedly de- clear we need additional help other tion, argues that the United States has never scribed as nothing less than genocide. than the African Union troops. We been serious about pressuring the Sudanese Congresswoman JONES, you remem- must have additional help. government. ‘‘They know what we will do ber it was the Congressional Black The last thing I want to say, we have and what we won’t do,’’ he said. ‘‘And they Caucus sitting down with Secretary friends and allies, and they include don’t respond unless there is a credible threat. And they haven’t viewed everything Colin Powell, and I thank him for what members of the Arab League and that has happened up until now as credible.’’ he did, but colleagues like our chair- China. We cannot continue to have our CARROTS VS. STICKS man of the Subcommitte on Africa, allies empower and embolden the Khar- Over the course of the conflict, Bush has DONALD PAYNE, claimed this was geno- toum Government without solving this found himself torn between different factions cide, called this genocide many months problem. If they think 2.4 million peo- in his administration over how to handle before. But it was our persistence to ple are okay and nothing is happening, Sudan—whether, simply put, to try carrots meet with the Secretary of State, to I am here to tell you they are wrong. or sticks.

VerDate Mar 15 2010 12:43 Aug 20, 2010 Jkt 059102 PO 00000 Frm 00042 Fmt 0688 Sfmt 0634 E:\BR07\H29OC7.001 H29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28586 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 October 29, 2007 In early 2006, Bush empowered Zoellick to lages in Darfur, displaced over 2 million peo- to neighboring towns or the wilderness, fearing seek a peace deal between Khartoum and the ple, killed an estimated 400,000, and driven for their safety. This attack is considered to be Darfur rebel groups. Zoellick, now president 200,000 into refugee camps in neighboring the worst on AMIS peacekeepers since their of the World Bank, was essentially pursuing what one senior U.S. official described as a Chad. deployment in July 2004. The United Nations policy of engagement with the Sudanese gov- Today the House considered H. Res. 740, Security Council condemned this ‘‘murderous ernment, even though the Bush administra- condemning in the strongest terms the attacks attack’’ on AMIS peacekeepers, and de- tion believed it was involved in perpetrating on African Union peacekeepers that occurred manded that ‘‘no effort be spared’’ to identify the atrocities in Darfur. in Haskanita, Darfur, Sudan, on September and bring to justice the perpetrators of this as- Zoellick worked closely with senior Suda- 29, 2007, which I introduced, together with my sault. nese officials and dangled the possibility of good friend and distinguished colleague, Mr. improved relations and other incentives Only recently, during the August recess, I CHABOT. This measure was cosponsored by had the opportunity to lead a Congressional should Khartoum cooperate in bringing 55 of my colleagues, and it passed the House peace to Darfur. And he came close to pull- Delegation (CODEL) to Darfur. This was the ing it off: An agreement to end the violence by voice vote. first CODEL to the region since the announce- was negotiated in the spring of 2006, but it Since 2003, we have witnessed a system- ment of the joint UN/AU peacekeeping force. atic campaign of displacement, starvation, fell apart after key rebel leaders refused to Along with my colleagues Mr. CHABOT, who rape, mass murder, and terror in the western sign on. joins me as the lead Republican cosponsor of Some U.S. officials say Bush never com- Sudanese region of Darfur. In the worst hu- this legislation, and Mr. SMITH, I had the I op- pletely bought into Zoellick’s approach. He manitarian crisis of our time, an estimated portunity to meet with government officials, seems to have been influenced in that regard 400,000 people have been killed in Darfur by civil society leaders, international aid workers, by Gerson, the then-speech writer who was the Government of Sudan and its Janjaweed given a wide-ranging policy berth in the and affected civilians, as well as with the Afri- allies. An additional 2,000,000 people have early part of Bush’s second term. can Union peacekeepers responsible for pro- been displaced from their homes and liveli- Gerson, now a Washington Post columnist, tecting Darfur. I saw first hand the immense hoods. Both the House of Representatives is a devout Christian who was especially ani- suffering of the people of Darfur, as well as mated by the part of the Bush agenda that and the Senate declared that the atrocities in the enormous strain on the courageous but focused on alleviating suffering in Africa. He Darfur constitute genocide in July 2004, and outnumbered AU peacekeepers. traveled to Sudan with Zoellick in late 2005, the Bush administration reached the same a trip that included a meeting with Bashir, conclusion in September 2004. I strongly condemn recent attacks on Afri- and came back convinced that Khartoum However, three years later, the situation in can Union peacekeepers. This legislation also was not seriously interested in efforts to im- expresses the condolences of this House to prove conditions in Darfur. Darfur continues to deteriorate. The United ‘‘There was always a series of incremental Nations reported a substantial decline in the the people and Governments of Nigeria, Mali, steps, and nothing changed on the ground,’’ humanitarian situation during the first three Senegal, and Botswana, the families and Gerson said later. months of 2007, during which time 21 humani- friends of those individuals who were killed or Returning to Washington, Gerson told tarian vehicles were hijacked, 15 additional ve- missing in the attacks, and expresses its sym- Bush that Bashir was feeling no pressure to hicles were looted, and gunmen raided 6 hu- pathies to those individuals who have been in- cooperate and that the African Union peace- manitarian compounds. The security situation jured. It expresses the solidarity of the people keepers were not up to the task of protecting makes it extremely difficult for aid organiza- and Government of the United States with the civilians. He also suggested that it might be African Union and the African Union peace- useful to establish a no-fly zone to prevent tions to reach vulnerable populations, and, in the Sudanese government from flying bomb- the 12 months preceding April 2007, the num- keepers as they recover from these attacks, ing missions in support of Janjaweed at- ber of humanitarian relief workers in Darfur and the readiness of Congress to support ef- tacks. decreased by 16 percent, largely due to secu- forts to bring to justice those individuals re- Several months later, Gerson sent Bush rity concerns, restrictions on access, and fund- sponsible for the attacks and efforts to detect, some articles criticizing the U.S. approach ing limitations. The flow of humanitarian aid pursue, disrupt, and dismantle the networks as anemic, and Bush summoned his aide to has been severely threatened by the esca- that plan and carry out such attacks. the Oval Office, a little hot under the collar because he did not agree with the criticism. lating violence in the region. My legislation also looks forward, to the But he assured Gerson, as the former aide re- Since 2004, a small contingent of African process of bringing about a peace settlement members, ‘‘I want you to know we are acting Union peacekeepers have been deployed to for Darfur. Crucial though effective peace- on this.’’ Darfur, responsible for maintaining security in keeping forces are, they are no substitute for In February 2006, Bush proposed using a region roughly the size of France. The 7,000 a serious and sustained peace process. Con- NATO forces to help quickly bolster the be- peacekeepers under the banner of the African sequently, this bill also expresses its support leaguered African Union mission. The presi- Union Mission in Sudan, or AMIS, have dis- for the people of Darfur, Sudan, in their contin- dent seemed so excited about the idea that played exemplary courage and resilience, but he mentioned it, almost casually, in response ued struggle against extremism and violence to a question about Uganda during a public they are woefully outmanned and outgunned, and support for their efforts to secure a per- appearance in Florida. The statement as well as chronically short of funding. Recog- manent peace, justice, and return to their re- stunned some in the U.S. bureaucracy. nizing the near-collapse of the AU Mission, the stored villages and homes, and it encourages But even Bush’s efforts to promote the United Nations, in July 2007, approved a UN– all parties involved in the conflict to commit to idea did little to move the process along. The AU hybrid peacekeeping mission, to be known negotiate a final and binding peace agreement French were leery of a new NATO mission as UNAMID, which is meant to take over from at the peace talks, which began on October outside its normal sphere of operations, and AMIS shortly. 27, 2007, in Tripoli, Libya. there was no interest from Sudan or the Af- The AMIS peacekeeping mission recently rican Union in a major role for this encountered yet another significant setback. Early reports from these negotiations have quintessentially Western military alliance, not been promising. With key rebel groups according to U.S. officials. The plan went no- On September 29, 2007, an estimated 1,000 members of a heavily armed Darfur rebel boycotting the peace talks, media reports indi- where. cate that mediators will now have to travel to Now, 20 months later, with Zoellick and group, in 30 vehicles armed with heavy artil- Gerson gone, new administration figures are lery and mortars, overran a small base in Darfur to meet with rebel leaders before actual working with other countries on new plans Haskanita, Darfur, Sudan, which was occupied peace agreements can be reached. Despite for peace and peacekeepers in Darfur. Given by AMIS peacekeepers. The ambush resulted these setbacks, UN Special Envoy Jan the track record, those who have handled in several hours of intense fighting that killed Eliasson has maintained optimism, saying yes- Darfur over the years are cautious. ten peacekeepers- seven Nigerian peace- terday ‘‘I refuse to state that the peace proc- ‘‘Overall,’’ concluded John R. Bolton, the ess is interrupted.’’ former U.S. ambassador to the United Na- keepers and three other soldiers from Mali, tions, ‘‘Sudan is a case where there’s a lot of Senegal, and Botswana- and wounded many In Darfur, rape has been an important as- international rhetoric and no stomach for others. pect of the genocide. Women and girls have real action.’’ According to UN estimates, in the aftermath been targeted specifically as spoils or war. Madam Speaker, the genocide in Darfur has of this brutal attack, which was described by Though it is impossible to know or even esti- taken a horrific toll on that region of Sudan. It the African Union commander as ‘‘deliberate mate exact numbers of rape victims, particu- has destroyed well over 60 percent of the vil- and sustained,’’ 15,000 civilians fled the area larly in light of the Government of Sudan’s

VerDate Mar 15 2010 12:43 Aug 20, 2010 Jkt 059102 PO 00000 Frm 00043 Fmt 0688 Sfmt 9920 E:\BR07\H29OC7.001 H29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 29, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 28587 practice of harassing or even detaining rep- help end the worsening humanitarian as recently as this weekend, I happened resentatives of organizations attempting to re- crisis and genocide in Darfur, Sudan, to be in Iowa campaigning for my can- port such statistics, they would certainly be ex- and for other purposes. didate for President. tremely high. H. Res. 726, calling on the President And while I was campaigning there, In Darfur, rape is linked to racial slurs. of the United States and the inter- campaigning for Senator CLINTON, I When rape victims were interviewed by human national community to take imme- met with a group of young University rights workers, they reported hearing diate steps to respond to and prevent of Iowa students who were complaining Janjaweed militia and Sudanese soldiers acts of rape and sexual violence against about the fact that nothing has hap- shouting their intent—to rape the women and women and girls in Darfur, Sudan, pened in Darfur and that they are ex- girls, forcing them to have Arab children. Ac- eastern Chad and the Central African pecting this government to step up on cording to a Refugees International report, one Republic. their behalf. woman interviewed in a refugee camp in Chad And, finally, H. Res. 740, condemning So I want to join my colleague in said that a Janjaweed militiaman who raped in the strongest terms the attacks on commending college students, as well her told her: ‘‘I will give you a light-skinned African Union peacekeepers that oc- as all of the nonprofit organizations baby to take this land from you.’’ curred in Haskanita, Darfur, Sudan, on across the world who are trying to One Sudanese human rights activist has September 29, 2007. focus a light or shine a light on what’s noted, ‘‘The war in Darfur is centered on iden- I want to reference back for a mo- happening in Darfur. tity, and rape is being used as a weapon of ment to the person that Congress- I want to talk for a moment about war in the struggle for the identity of the re- woman SHEILA JACKSON-LEE mentioned the whole issue of sex crimes against gion. Women have a very important role in and that was my friend from ECOWAS, women and girls in Darfur. One of the Darfur’s culture, and rape destroys not only a and ECOWAS is an acronym for the worst things to happen to a woman, woman but her tribe.’’ Economic Commission of West African and particularly a young woman, is for Though many survivors of these attacks are States, and my friend who went to Case her to be sexually abused or raped. able to find their way to displaced persons Western Reserve Law School as I did is We recognize in this country the im- camps, they remain at risk. Many women and Dr. Muhammad Chambas. Was there pact that this has had. In fact, we rec- girls are attacked when they leave the relative something else you wanted to say ognize it such that we passed the security of the camps to collect firewood and about Dr. Chambas? VAWA Act which is the Violence other necessities. When women living in ref- Ms. JACKSON-LEE of Texas. If the Against Women Act, to help address ugee camps were asked why they went to gentlelady would yield, first of all, to the issue of violence against women. fetch water and risk rape rather than the men, thank him for sharing his insight and When you begin to think about the they answered, ‘‘If we let the men go, they will his leadership and thank you for allow- fact that there are thousands of women be killed. It is better for us to be raped than ing us to have that opportunity, and and girls in these various refugee for our husbands to be killed.’’ just to be able to emphasize, he was camps and the things that happen, all Today, the House also considered H. Res. firm that he wanted and needed and we need do is to focus on what hap- 726, introduced by my colleague, Congress- thought that they needed more help. pened with Katrina. We had people of woman DELAURO, which I was proud to co- And that help was, of course, the the United States of America in a foot- sponsor. This resolution draws attention to this United States, the U.N., and a number ball stadium, and the stories about savage practice, and it calls on the President, of other countries. what happened to young women that the Secretary General of the United Nations, And I’d just like to finish by saying, were raped right there in Louisiana, in and the United Nations Security Council to as there may be those listening, I New Orleans, being raped. So you can take measures to provide assistance to these would encourage as you mentioned imagine, if you exponentially take a victims, to fully fund the UN Mission in Darfur, that resolution about thanking the look at that and see how many thou- and to find the government of Sudan in non- various advocacy groups to continue sands of women and children are there, compliance with Security Council Resolution their work and to reach out to the col- and these women venture out just to 1325. It also calls upon the government of lege campuses, because I remember get things to help themselves and to Sudan, responsible for unleashing this mad- speaking at the University of Nevada. continue to live and the fact that they ness on the women and girls of Darfur, to pro- They are there; they want to work. would be subjected to rape and others vide full legal protection to the victims of rape College campuses can be the agitation does not make sense. and to bring the perpetrators to justice. to get this government to move, to I can only think about that movie, The international community must do much, continue the light on the genocide in ‘‘Time to Kill,’’ where that young girl much more to protect the women and girls of Darfur. in the South who was like 7 or 8 years Darfur, to meet the needs of those who have And I thank you for yielding to me old got raped by three men and raped already been sexually abused or raped, and to just to be able to say, college students, her such that she was never able to finally bring this horrific conflict to an end. The get about the business because you can have any children. It just makes no deployment of the hybrid UN/AU peace- make a difference. Organize Save sense that we would not focus, and let keeping force is a necessary and important Darfur Coalitions on your campus, and me give you a few statistics. step, but it is no substitute for a serious and call and write and e-mail about the cri- During war, rape and sexual violence sustained peace process. sis in Darfur. are often used systematically as a Mrs. JONES of Ohio. The Congress- weapon of intimidation, humiliation, b 2030 woman is referencing H. Res. 573, and I terror and ethnic cleansing. We know Mrs. JONES of Ohio. Madam Speak- want to add my comments to encour- right here in America that generally er, I want to thank both of my col- age the young people on the college rape is not about sex. It really is about leagues for their leadership. Congress- campuses across this country. Many of being in control, being in charge. It has woman SHEILA JACKSON-LEE, all that us recognize in the history of the nothing to do with the sexual act you’ve done around this issue and so United States many of the great move- itself. I won’t say ‘‘nothing.’’ In many many other issues, thank you so much ments were begun by young people, by instances, when you’re involving chil- and again for joining me as we do this students sitting at lunch counters and dren, it does in fact have to do with the Congressional Black Caucus message just the involvement of so many young sexual act, but it means being in hour. people. charge. I’m so pleased today that the House One of the things that people often It’s estimated that between 250,000 passed the three resolutions on Darfur. have said about young people these and 500,000 women and girls were raped One of them, H. Res. 573, recognizing days is that they’re self-centered and during the genocide in Rwanda. On and commending the efforts of the only concerned about what’s going on September 2, the International Crimi- United States public and advocacy in their own lives. I found that not to nal Tribunal for Rwanda found Jean- groups to raise awareness about and be true, and I had the opportunity even Paul Akayesu guilty of rape and held

VerDate Mar 15 2010 12:43 Aug 20, 2010 Jkt 059102 PO 00000 Frm 00044 Fmt 0688 Sfmt 0634 E:\BR07\H29OC7.001 H29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28588 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 October 29, 2007 that rape and sexual assault constitute someone gave, and I can’t think of the ‘‘tell the victims they are not alone.’’ Violence crimes against humanity. author, and it said, if you’re quiet continues in Darfur, as the Sudanese govern- On October 31, the United Nations when they come for other people, who’s ment attacked two internally displaced camps Security Council adopted Security going to speak up when they come for in the past week. On October 19, the Militia Council Resolution 1325, calling on all you? And that is what we should all be attacked the Kalma refugee camp, the largest parties to an armed conflict to take thinking about, that we need to speak in Darfur. Additionally, on Oct. 22, the special measures to protect women and up on behalf of the people of Darfur and Hamidiya camp near the town of Zalengei was girls from gender-based violence, par- say enough is enough; we’re not going attacked in a series of clashes between gov- ticularly rape and other forms of sex- to have this happen anymore. ernment troops and rebel groups. The killings ual abuse. The United States, under the leader- of African Union peacekeepers and World The Rome Statute of the Inter- ship of George Bush, who’s been talk- national Criminal Court, which entered ing loud and saying nothing on this Food Programme contract drivers combined into force July 1, 2002, states that rape issue and not moving forward, should with detentions of humanitarian workers in the and any other form of sexual violence move forward to make sure that there conflict-ridden Darfur region of western Sudan of comparable gravity may constitute are people and peacekeepers going into are just a few examples of a deteriorating situ- both crimes against humanity and war this area and making sure that these ation, which is prompting increased anxiety by crimes. people are taken care of. those affected by the ongoing crisis, as well Since 2003, mass rape committed by With that, I would again commend as by those responding to the emergency. members of the Sudanese armed forces the Chair of the Congressional Black From June until late August, the United Na- and affiliated militia with the support Caucus, Congresswoman CAROLYN tions reported, an estimated 55,000 new per- of the Government of Sudan has been a CHEEKS KILPATRICK, for her leadership sons had been displaced in the region—bring- central component of the Government and thank her for giving me the oppor- ing the total number of those uprooted this of Sudan’s violence and ethnic cleans- tunity to lead the Congressional Black year to some 250,000. In all, the UN esti- ing in Darfur. Caucus message hour every Monday mates, 2.2 million of Darfur’s 6.4 million peo- Can you imagine this is the army, evening and to give us the opportunity ple have been displaced, and four million are the militia of a country just having to step up, speak out, and really shine now dependent on some form of humanitarian their way, going into camps and vio- a light on issues that the Congressional assistance. lating women and girls, thousands of Black Caucus is concerned about and women and girls who have been vio- that the people of America, regardless While almost everyone involved in Darfur lated as a result. of their color, are concerned about. policy agrees that an African Union peace- Women and girls leaving internally Again, thank you very much, Madam keeping force of just 7,000 troops is not up to displaced persons camp in Darfur and Speaker. It’s always good to be leading the task, the United States has refused to refugee camps in Eastern Chad to seek a Special Order when you’re in the send troops and, despite promises of rein- firewood, water or outside sources of chair. I thank you for your leadership forcements, has yet to secure many additional income are often attacked and sub- as well. troops from other countries. At the same time, jected to rape. My colleague already Mr. CONYERS. Madam Speaker, today we it has been unable to broker a diplomatic reso- spoke to that issue. It is just out- recognize the ongoing loss of life occurring in lution that might ease the violence. There is rageous that this could continue to Darfur. I would like to restate my unconditional no doubt that what is taking place in Darfur is happen. support and commitment to advancing peace genocide, and the government of Sudan and On March 9, 2007, members of the and security for the people of Darfur. I implore the Janjaweed bear responsibility. Congress United States-United Nations High my colleagues in Congress to join me in urg- and the Administration must support legislation Level Mission on the Situation of ing the Sudanese government to take decisive to address this most pressing human rights Human Rights in Darfur reported that action to address this tragedy. This quite sim- issue. We must move beyond the rhetoric and rape and sexual assault have been wide- ply is a matter of Life and Death and as the take action to save the lives of the people who spread and systematic, terrorizing destruction of hope and possibilities continues are struggling each day with this horrific con- women and breaking down families and to erode away at a people who are calling out flict. We must leave politics aside and support communities and that women are also for help. These atrocities continue to mount in legislation such as H. Res. 573, which recog- attacked in and around refugee camps the Sudan as our Administration continues to in eastern Chad. pump billions of dollars into Iraq and redirects nizes and commends the efforts of U.S. advo- Think about this: Systemic, wide- greatly needed resources away from this un- cacy groups to raise awareness about and spread, terrorizing of women and girls. necessary tragedy. The conflict in Sudan help end the worsening crisis in Darfur; We Systemic. That is just something that began as a genocide against tribes of small must also support H. Res. 740, which con- I can’t even imagine that we would farmers in its Darfur region over five years demns the brutal attack on African Union continue to allow happen in another ago. Militia groups have slaughtered an esti- peacekeepers that occurred in Haskanita, country. We know how great the im- mated 400,000 people and driven 2.5 million Darfur one month ago today. This violent act, pact of rape and sexual assault on people from their homes. There has been an carried out by rebels, took the lives of 10 women and girls in our country over increase in civilian killings and large scale at- peacekeepers—seven Nigerians and three time, and imagine what it would be in tacks in Darfur. The rape and torture of other soldiers from Mali, Senegal, and Bot- a country where they don’t have avail- women and children remains a constant con- swana; and finally H. Res. 726, a resolution able to them what our women and girls cern on a daily basis. Thousands have moved calling on the President and the international have available to us. Be it counseling, to displacement camps which contain their community to take immediate steps to respond medical care, long-term mental health own level of violence with guns being readily to and prevent acts of rape and sexual vio- counseling, it just doesn’t happen. available and tensions in Darfur continuing to lence against the most innocent of Darfur’s So I’m just so happy that the House grow every day. The African Union peace victims—young girls and women. passed by way of suspension bills today keeping troops who have put up a courageous three resolutions around Sudan. fight have lacked the proper resources and We must continue to provide security and Finally, I think that what I would manpower needed to contain the growing support for the courageous humanitarian work- say at this point is that the people of threat. Equipped only with light weapons, they ers, who risk their lives daily. Their commit- America and all of these nonprofit or- are no match for the heavily armed rebels. ment to this struggle has been exemplarily in ganizations and the children across They are undermanned and outgunned and in the face of danger. We must also take this op- this country, women and children and desperate need of advanced weapons and portunity to unite and stop these crimes students, must stand up. They must helicopters to properly engage with the Militia. against humanity. We can not allow our past speak up about what’s going on in In May, Nobel Peace Prize winner and Hol- failures to identify genocide in places such as Darfur, and you all know that old ocaust survivor Elie Weisel called Darfur ‘‘the in Rwanda, Bosnia, and elsewhere to exist statement, that piece of speech that capital of suffering.’’ He called on all of us to ever again.

VerDate Mar 15 2010 12:43 Aug 20, 2010 Jkt 059102 PO 00000 Frm 00045 Fmt 0688 Sfmt 9920 E:\BR07\H29OC7.001 H29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 29, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 28589 HEALTH CARE introduction of anesthesia which, obvi- But Dr. Julian, who had experi- The SPEAKER pro tempore. Under ously, radically changed the prospects mented in biochemistry for a number the Speaker’s announced policy of Jan- for being able to perform surgery. of years and worked extensively with uary 18, 2007, the gentleman from b 2045 soybeans and soybean products, found a way to make a precursor to cortisone Texas (Mr. BURGESS) is recognized for There was also a crisis of confidence 60 minutes as the designee of the mi- and, in fact, found a way to apply this in American medicine, because there for the commercial production of corti- nority leader. was no standardization in American Mr. BURGESS. Madam Speaker, I sone. Suddenly, this medicine, this medical schools. They were all over the miracle drug which had been available come to the floor of the House tonight map as far as their embracing sci- as I frequently do to talk a little bit only in very small supply and terribly entific method or scientific philosophy. expensive, now became generally avail- about health care. This body, the United States Congress, Tonight, I will be filling the leader- able to treat patients. in 1910, commissioned a study that was ship hour of the minority side, and I So we had the advent of anti-infec- ultimately called the Flexner Report, tive agents in the antibiotics and anti- certainly thank the House leadership which detailed the problems inherent for providing me the opportunity to inflammatory agents with cortisone, in American medical schools and how all of which occurred around the mid- speak to the Chamber over this hour value to the patient could be improved and talk a little bit about health care, 1940s. What else happened in the mid- by standardizing the training and mak- 1940s? Of course, we were a country at perhaps give a little bit of historical ing the training more rigorous and ad- context, perhaps talk a little bit about war. As a consequence, the workforce hering to the scientific process. in this country was severely con- our current situation, perhaps talk Well, not quite midway through the about the prospects for change in the tracted. In an effort to keep employees, century, in the 1940s, we saw, again, a what employees were available on the future, talk about what principles are transformational change occurring in important to maintain in a health care job, employers wanted to pay higher American medicine. How did this and higher wages to keep the employ- system, whether it be public or private, change come about? Actually, there the principles of affordability, account- ees there and keep them satisfied. were some discoveries that preceded But the Federal Government, the ability and advancements. the 1940s by a little bit. Sir Alexander President of the United States, Presi- Madam Speaker, I hope to spend part Fleming discovered penicillin in 1928. dent Roosevelt said, we are going to of this hour talking about the things At the time, it was just more or less a get in trouble with inflation if we are that I think will improve the delivery laboratory curiosity that the growth of not careful, and put in place a series of of health care in this country, regard- a mold in a Petri dish could inhibit the wage and price controls to kind of keep less of who the payer is, because we are growth of a bacteria, but it was Amer- the lid on this rapidly expanding sector perhaps perched on a historical time. ican ingenuity and American know- Madam Speaker, I believe with all of the economy. He felt it was justified how that took this concept and made because of a wartime situation. my heart that we are perched on a possible the distillation and production Well, employers still wanted a way to transformational time in American of large amounts of this compound. attract employees, to hold employees, medicine, a time that we’ve seen per- Prior to the 1940s and prior to the to keep employees, keep them happy, haps similarities with before, perhaps intervention of American know-how, keep them satisfied, keep them healthy three times in the last century. We’ll only small amounts of penicillin were and well so they stayed on the assem- detail those in just a moment, but it is available. Again, it was more of a lab- bly lines and stayed in the workforce. a time like any other. oratory curiosity than a useful treat- They devised a plan to offer health in- When the rapidity of the scientific ment that could be made available to a surance and retirement benefits to em- information is coming at such a rate, broad spectrum of patients. ployees that were under their employ. the rapidity of scientific change is With the introduction of new tech- Well, it was kind of controversial as coming at such a rate, and at the same niques for bringing this medicine to to whether or not this would be some- time we’re poised to perhaps have a the public, large amounts of medicine thing that was even available, whether significant impact on the delivery of were made available, the price plum- or not it violated the spirit of the wage health care in this country by how we meted and, as a consequence, we ush- and price controls that were in place at craft our public health policy, our ered in the new antibiotic age in the the time, and, if it was something that health policy in this body, think about early part of the 1940s. It was terribly could be made available, is this a ben- in the preceding century we had three, significant. Many of our soldiers who efit that would be taxed or not taxed? I believe, transformational times in were wounded during the invasion of The Supreme Court in a historic deci- the 20th century. Normandy on D–Day had wounds that sion in 1944 decided, number one, that You think about the status of medi- ultimately would have been much more this did not violate the spirit of wage cine in the days of the late 1800s lead- serious had infection become a prob- and price controls. Just as impor- ing up to the early 1900s, and it was not lem, but now, because of the avail- tantly, they determined that these always a pretty sight. Blistering, burn- ability of penicillin, many of those in- benefits provided as health insurance ing, and bleeding were treatments that fections could be treated, life and limb benefits and retirement benefits, in were not only tolerated; they were, in could be saved and spared. It was, in- fact, were not taxable benefits. Thus, fact, embraced by the medical main- deed, a change that medicine had not the era of employer-derived health in- stream, the best minds in medicine at previously seen. surance was born. that time. But those heroic efforts There was another rather dramatic After the war, it continued because it were beginning to be supplanted by development during the 1940s, about was very popular. People liked that people who rigorously applied the sci- the same time, Percy Julian, who was concept. They liked the fact that you, entific method and began to inves- an African American scientist who we at the time you went to work, you re- tigate as to whether or not these he- honored in this body during the last ceived health insurance; so that was roic methods were, in fact, yielding or Congress. He didn’t discover cortisone. one worry that was lifted off of you returning a positive benefit for the pa- Cortisone had previously been discov- that you didn’t have to contend with. tient. In fact, they found that they ered but was only available by a labor- It changed forever the face of how med- were not. intensive process. You had to get it icine is practiced in this country, as And at the same time, you had sci- from the adrenal glands of an ox. much, I submit, as the introduction of entists working on concepts such as Cortisone was very difficult to ob- penicillin and as much as the introduc- sterility, sterility during surgery, vac- tain, very expensive and really wasn’t tion of large-scale production of corti- cinations, improvements in public available to treat much in the way of a sone. health, sanitational water supplies, as large number of patients. It was avail- So we will quickly fast-forward to well as just a decade before you had the able only as an experimental effort. the 1960s. In the 1960s, again, we were

VerDate Mar 15 2010 12:43 Aug 20, 2010 Jkt 059102 PO 00000 Frm 00046 Fmt 0688 Sfmt 0634 E:\BR07\H29OC7.001 H29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28590 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 October 29, 2007 seeing a big transformation in medical health and disease, how we can inter- we may well see that in my lifetime, care, a big transformation in science, vene earlier at a lower cost to prevent certainly in my children’s lifetime. the newer antibiotics were available disease and, quite honestly, extend life Medicine is on the cusp or the thresh- that could treat more and more dis- over time. old of some big changes. Is reform eases, more aggressive diseases. The But, we are also poised at a time going to be enough to enact the social whole era of chemotherapy began to be where it looks as if, because of frustra- policies that we need here in Congress ushered in. Antidepressants were avail- tions with the current system, because as well as permit those trans- able for the first time, as well as it doesn’t provide all of the coverage formational changes that are occurring antipsychotics, which had a profound that we think it should to every person in science and occurring in the delivery effect on the census in psychiatric hos- who we think needs it, we are poised of medical care? pitals. here in this Congress to begin debating Now, I would submit that only by What else happened in the 1960s? an ever greater expansion of the Fed- keeping a portion of the free enterprise Well, a little over 40 years ago, this eral Government’s role in health care system involved in health care, only by Congress, at the direction of a fellow in this country. that method are we likely to continue Texan, Lyndon Johnson, developed the It will ultimately be up to us to de- to generate the kind of instability we Medicare and then subsequently the cide is this a good thing or a bad thing. need in a system in order to foster Medicaid programs to provide a social Since we live in a representative Re- change, in order to foster growth, in safety net for our seniors. Then, ulti- public, it will be up to the American fact, in order to drive that trans- mately, with the introduction of the people to decide is this something that formational process. Medicaid program, it provided a social we want to see more of or less of. They If, suddenly, we are at complete equi- safety net for people who were too poor will, of course, register those thoughts librium and there is no tension on the to afford health insurance. with their votes, not only in the 2008 system anymore, what’s going to cause So there was greater access, greater election but in the 2010 election. it to grow? If, in fact, we devolve to a access for the aged, for people who I would submit to you that it is im- single-payer system where the Federal were disabled, and for people who his- portant that we keep in mind really Government picks up the entire tab for torically had been not allowed into the where the fundamental unit of produc- medical care from cradle to grave, and medical system because of a poor fi- tion is in this vast medical machine there are some people who think that nancial situation. But, the government that we have in this country. What is would be the correct response, the cor- established for the first time an enor- the widget that is produced by the vast rect way to go, what will change? What mous footprint in the practice of medi- medical machine? will be the impetus to change? What cine in that for the first time it paid Well, my impression is that it is the will be the reason to change anything for a significant amount of the practice interaction that takes place between about medicine? of medicine. the doctor and the patient in the treat- What you see today, if you enact that Now, the current situation is that ment room, whether you like to say system, is what you will see 20 years about 50 percent of the health care dol- the operating room or the emergency from now, 40 years from now, 60 years lar is derived from the United States room, but, nonetheless, it is the inter- from now. The transformational Congress, from the Federal Govern- action between the doctor and the pa- change that I think will be responsible ment. The other 50 percent is not all tient. That is the fundamental unit of for some of the greatest gifts that med- private pay; it’s private, commercial production in American medicine. How icine could give to humankind, sud- insurance as well as people who pay do we interact that? denly the spark, the spark of incentive bills out of their pocket, self-pay indi- Well, my opinion is anything that would be removed and we would have a viduals, and I will actually include the will deliver value to that interaction is steady state that would be well paid 4.5 million people that own health sav- one of those things that we ought to for, a lot of people would be well taken ings accounts. I would include them in encourage. Anything that detracts care of, but the improvements, the ad- that group as well. from value or anything that serves to vancements would be lacking in such a Of course, there are people who just drive apart the doctor-patient inter- system. simply do not pay the bill; there is bad action is something that may be seen If we move toward a system that is debt. There is also charitable care that as pernicious. It’s all about empow- more patient driven, rather than one is given by a doctor or a hospital to a ering the patient and not an insurance that’s driven by insurance companies, patient and no payment is expected. company, not the Federal Government. rather than one that’s driven by gov- Now, the big question before us is can We need to focus on those policies that ernments, I think we will usher in that this hybrid system that has just sort of will bring that power back to the pa- new era of transformation in American grown up, can this hybrid system be tient, will bring that value back to the medicine. sustained? The tension that exists doctor-patient interaction. During the course of that, we have within this system, I think, creates a A lot of people would argue that we got to keep health care affordable. We dynamic for continued change and for need health care reform. In fact, re- have got to keep the monitor on the medicine to continue to evolve and member, that was a big argument in person in the middle, the person who continue to reinvent itself. 1992 in the Presidential election and in acts as that barrier between the doctor But, as I said, we are on the brink of 1993, the year that followed, and then, and the patient, what we describe as a a time of transformational change. I ultimately, nothing was accomplished middleman. We have to keep that very believe that in the early part of the and the situation stayed as it is. But close tab on what’s happening in that 21st century we will see and we have they kept talking about health care re- arena. That’s one of the things that seen changes in medicine as a result of form, health care reform, health care prevents a patient from knowing the cracking the genetic code. Genomic reform. value of care they receive. It’s one of medicine, which was a phrase that I Well, reform is what you need if the the things that prevents a doctor from wouldn’t even have been aware of dur- system is working just jim-dandy, just knowing how much the care they are ing medical school or residency, now is working extra special well, and you ordering is going to cost or what bur- part of our regular parlance. only need some marginal changes den that patient will have to bear. We Diseases that used to be treated only around the edges. But since we are have anesthetized everyone by putting with surgery are now treated with upon a time of great scientific ad- a third-party payer in the middle of medicines. There are going to be vast vancement, changes in how we handle that mix. changes on the horizon as far as the information technology, changes in Now, questions do come up as to how treatment of disease goes as we begin how we even approach medicine, the we bring about those changes and not to understand more about how the whole era of personalized medicine is obstruct changes that we want to see human genome affects the course of just a little bit over the horizon, and happen, but, again, keep in mind things

VerDate Mar 15 2010 12:43 Aug 20, 2010 Jkt 059102 PO 00000 Frm 00047 Fmt 0688 Sfmt 0634 E:\BR07\H29OC7.001 H29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 29, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 28591 like the advancements in medicine Within the concept of affordability, into that hour, if you increase that that are going to occur as a result of it’s really not how much money you doctor’s work day so they’re having to discovery of the human genome and spend; it’s how you spend it and are make decisions on less and less rest further elucidation of the human ge- you getting value for the dollar that with more and more stress, we are ulti- nome, concepts like rapid learning. you spend in health care. And I would mately likely to negatively affect the When I was in medical school, we all circle back and bring it back to that value of that doctor-patient inter- just worshipped at the altar of the dou- interaction between the doctor and the action. ble-blind crossover study in order to patient in the treatment room. How do So certainly that’s one aspect of the prove that something was effective or we deliver value to that fundamental bill for me that was extremely impor- not. unit of production of medical care? And tant for us to fully evaluate; and, un- But we live in a time when computa- if a policy that we propose delivers fortunately, we didn’t get to evaluate tional speed and capability is so vast, value, then that is something that it. We didn’t get to debate it. We didn’t and the speed of learning is so fast, really should be looked at and one that get to do it in committee. We didn’t that, you know, it may no longer be as should be carefully debated and per- get really to debate it on the floor. It necessary as it once was to select the haps enacted into law. was kind of an up-or-down vote: take it correct sample size and go out and do But if you look at that fundamental or leave it. And that’s fine if that’s the all the statistical tests. We can just interaction between the doctor and the way you want to run things. But for me simply monitor everyone, everyone patient in the treatment room and it is it was a fundamentally flawed idea be- who is on Lipitor, everyone who is on a fundamentally deleterious, well, maybe cause it damaged the value of the doc- statin, see what their complications that’s something that we should not be tor-patient interaction. are, see what their health benefits are doing. We see examples of this within Other programs that may improve that people who are on statin live as the insurance environment all the the doctor-patient interaction, I’m long or longer than a closely matched time. aware of a large employer in my dis- age and gender-matched group of indi- And I would use the bill that we trict back home, school district, to be viduals who are on no such therapy. We voted on last week, the State Chil- precise, that has a number of employ- can begin to develop those concepts, dren’s Health Insurance Program. Good ees under their insurance policy that and the data is there and will accumu- things in the bill, but some bad things provides a $20-a-month premium reduc- late rapidly because of advances that in the bill. Some of the bad things is tion for anyone who undergoes some are being made in health information we tend to take children off of private pretty basic screening, blood pressure, technology. health insurance and move them onto weight and doing a little blood work. the State’s Children’s Health Insurance So there’s a $250 value returned to the b 2100 Program; and we do that for succes- enrollee in the health plan over a That’s the way that, ultimately, sive, for families who earn excessively year’s time. So obviously that’s a we’re going to be able to curtail some larger and larger incomes. value. It’s a value to the insurance of the costs of taking care of chronic Now, we can argue what the top line company because now they’re able to diseases and, in fact, beating chronic was; the top line reported in the bill identify perhaps that silent person diseases; and I would include cancer in was $60,000. But on the floor of this with a cholesterol up to here or a blood that group. And above all, we do have House, the chairman of the Energy and sugar that’s an undiagnosed and to ensure an adequate workforce to be Commerce Committee admitted to me unmonitored diabetic. able to provide that care. that States could disregard $20,000 in- They can identify those individuals; Now, I alluded a few minutes ago at come for housing, $10,000 in income for and if the individual is desirous of help, the point of transformational change, clothing, and $10,000 in income for they can get them into the proper type but we also run the risk of getting transportation. We’re up to over of care that will lower the likelihood of caught up in transaction. You know, if $100,000 with the income set-asides that a heart attack with the attendant time you think back to 1993 and the changes some States could develop. in the intensive care unit, perhaps cor- in health care that were discussed at Well, what’s going to happen to tak- onary artery bypass grafting, perhaps the time, we really weren’t talking ing all these children off of private even the risk of sudden death or the about any kind of health care change. health insurance, perhaps coverage complications of untreated diabetes, We were talking about change in the that the employer provides their mom problems with eyesight, the problems administration of insurance policies. and dad and moves them on to an with circulation, leg amputation, all of As a result, since we got caught up, SCHIP policy? Many pediatricians the kidney disease that goes along with in this body, in the transactional, we around the country find that the reim- untreated diabetes. Perhaps we can forgot about the transformational. And bursement for a State Children’s begin to get a handle on this earlier in again, as a result, there really wasn’t Health Insurance policy in their State the course of the disease so that the much happened, except we left the field reimburses at a fundamentally lower disease course may be modified and ul- essentially empty, and HMOs and man- rate than the private plans. Even timately less costly. aged care came in, took over a large though the private plans aren’t great, Well, I would submit that that insur- market share. And that was the time, they’re better than the State Chil- ance company has found a way to de- at least in my experience as a physi- dren’s Health Insurance policy. liver value to the doctor-patient inter- cian, when some of the worst excesses So what if a pediatrician’s earnings action; and, in fact, I would think of HMOs and managed care occurred: or gross bookings for their practice go that’s behavior that this body would care being denied, patients being put down by 30 or 40 percent on that seg- want to encourage, not discourage, out of the hospital too soon. And then ment of patients? Well, if you make amongst private insurance players. Congress was in a very reactive mode: that segment of patients successively But these are just two examples of you’ve got to have this many days larger, it’s going to be more and more where value for the doctor-patient after delivery, this many days in the difficult for them to make up that gap; interaction can be increased or de- hospital after a mastectomy. and what they will do is what doctors creased. And as a consequence, when I Well, that clearly wasn’t the way to have always done: they’ll open a little apply that test to any health care pol- go about it, but that is the risk that we earlier, they’ll stay open a little later icy, my decision about that, whether or run if we focus on the transactional and they’ll kind of squeeze a few more not to support that health care policy, and forget the transformational. So all patients into every hour. is likely to be based on the funda- three things, affordability, account- Now, I ask you, is that a way to drive mental question, are we delivering ability and advancement, must be con- up the value in that doctor-patient value to the doctor-patient inter- sidered and must be given equal weight interaction? I don’t think so. I think if action? If the answer is yes, that’s a in any change that comes about. you squeeze more and more patients program that’s worthy of further

VerDate Mar 15 2010 12:43 Aug 20, 2010 Jkt 059102 PO 00000 Frm 00048 Fmt 0688 Sfmt 0634 E:\BR07\H29OC7.001 H29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28592 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 October 29, 2007 study, debate, and perhaps enacting. If But if that individual has a cata- providing health insurance. So associa- the answer is no, then it becomes fairly strophic event, a motorcycle accident, tion health plans have been voted on in easy for me to say that’s not a policy an accident or pregnancy and requires the two previous Congresses several that I would be inclined to support at prolonged hospitalization, that hos- times since I arrived here in the begin- the present time. pitalization is covered after the de- ning of 2003. Now, one of the things we move on to ductible is met. And how powerful is And the concept is pretty simple. It or other aspects of affordability that that to be able to put that type of pro- just says small businesses can kind of we should talk about, I did allude ear- tection in the hands of a whole seg- group together to get the purchasing lier to the fact that there are now, ac- ment of society that 10 years ago had power, the purchasing clout of a much cording to recent data that was re- no choice at all, no option. You just larger organization and use that abil- leased last April, 4.5 million people who simply cannot buy or find insurance no ity to aggregate themselves to get a are covered under health savings ac- matter how big a check you’re willing better deal with an insurance company, counts. That’s up about a million and a to write, because I was willing to write to get a better deal in providing insur- half from the year before. And, cer- a big check to get insurance coverage ance to their employees. So if you tainly, while it is not a vast segment of at that time, but it just wasn’t avail- have, say, a group of Realtors, a group coverage, the reality is we could cover able. Ten years later it’s readily avail- of dentists offices, for example, a group a great deal more people who are unin- able. It’s up on the Internet. And be- of chambers of commerce employees, sured if they just simply knew about cause of competition on the Internet, you can put this group together as long these products. we’ve driven the price down, so afford- as they have similar business models. In the mid-1990s when I went to look ability obviously has improved. That’s why the term ‘‘association’’ is for an insurance policy for an adult Now, the other great things about a used. They can be put together to go child, it was just almost impossible to health savings account is you can put out and purchase or to make bids on get a private individually owned insur- money away. If you do pay taxes, you the commercial insurance market and, ance policy for someone in their mid- can put away money with pre-tax dol- again, get a little bit more of that pur- 20s. No one wanted to talk to you about lars, put money into essentially a med- chasing clout that large organizations one single policy. We won’t even dis- ical IRA, or a health savings accounts. have. cuss it unless you’ve got a group of five You can actually begin to accumulate And one of the reasons that associa- or 10, and then we’re going to charge dollars in that health savings account. tion health plans have been conten- you a great deal for that. Now, I was And the good news is that over time, if tious in this House is because for them ultimately able to get insurance for that money is not used for medical ex- to be effective, particularly in medium that individual. penses, it can only be used for medical and small-sized States, you’ve got to But what a change 10 years later. expenses, but if it’s not used, it doesn’t have the ability to go and take in a Any individual getting out of college go back to someone else at the end of group of people that may cross a State today, mid-20s, off their parents insur- the year. It doesn’t even go back to the line. Now, a State as big as Texas, ance for the first time in their life, Federal Government if you die too which at one time was its own country, maybe they want to go start a busi- soon. That money is yours. It is yours that’s not as big an issue. But still you ness. Maybe they haven’t quite found to use for your health expenses, or it is will get a better economy of scale if that right job yet; but rather than then delivered on to your heirs and as- you are able to draw in more people going without health insurance, they signs if you meet an untimely demise, into this association that then goes out now have an option. They can go to the but that money is yours. It doesn’t be- and buys insurance. Internet and in the search engine of long to the Federal Government. The For whatever reason, we passed it in choice type in health savings account money you put into that health savings the House, three or four times in the and very quickly they’ll be taken to account stays under your command last 4 years, but unfortunately it never sites that will provide them a vast and control for the rest of your life as did pass in the Senate. They had Sen- array of choices in high deductible in- long as it is spent for health care ex- ator ENZI, who was at the time chair- surance policies. These policies are penses. man of the Senate Health Committee, typically paid for with after-tax dol- So you can see, even a young indi- make a good run at it last year, got all lars, which is a limitation, I admit, and vidual who doesn’t have the financial the principals in the room and tried to one that this Congress should take up wherewithal to contribute the full get them to craft an agreement on and deal with. But oftentimes we’re amount, say the $2,000 or the $5,000 that, but ultimately was not able to talking about individuals who are not every month to a health savings ac- get that done. And that’s a shame, in the higher income earning brackets count, still can put some number of that’s too bad because again this is one or perhaps pay no Federal income tax dollars away that will grow over time. of those things that would fundamen- at all. So the fact that it’s not a tax And since we’re talking about young tally deliver value to the doctor-pa- deductible expense is not of great im- individuals, well, the time value of tient interaction because it would hold port to them. money comes into play. And if you down the cost, the ever-increasing cost, But the fact that you can get a high begin such an account when you’re 25, bend that growth curve a little bit on deductible insurance policy that, with by the time you’re 65 and ready to face the increasing cost, the ever-increasing a $2,000 to $5,000 deductible that ranges retirement, there may be a significant cost of health insurance, and allow in price from about $55 a month to $75 accumulation of dollars in that ac- more people to keep and retain their a month, well, that’s a pretty signifi- count. And the good news is there is no insurance coverage. cant savings over what we typically as- one can take that away from you. Now, the President brought up in his sociate with the cost of insurance, Now another thing that we’ve worked State of the Union message here last which is obviously much greater than on in this Congress and something that January, and it’s been talked about on that. I would argue would be a positive in and off again over the past six to eight So that young individual who’s just the values section for delivering value months, the issue of equal tax treat- starting out doesn’t need to start out to the doctor-patient interaction are ment for employer-derived insurance life without insurance coverage. It’s what are called association health and insurance that’s owned by the indi- not something that they need to fore- plans. Now, association health plans by vidual. We’ve really not made any go. Yeah, it’s a high deductible policy, themselves are not going to drive down great progress, but I do believe the con- so guess what? If you go in for a flu the cost of the, or the number of the, cept is one that’s worthy of study, shot or you go in for some relatively uninsured; but they will help control that’s worthy of debate in this House. I minor difficulty likely as not that’s the ever-rising cost of health insurance already alluded to that fact a little going to be something that will have to which, of course, is what drives a lot of earlier in the talk that once you have be borne by the individual. small businesses out of the business of the employer-derived insurance as a

VerDate Mar 15 2010 12:43 Aug 20, 2010 Jkt 059102 PO 00000 Frm 00049 Fmt 0688 Sfmt 0634 E:\BR07\H29OC7.001 H29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 29, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 28593 pre-tax expense, that alters the playing ture rather than this continued year- to do that. Mandates, on the other field and it, in fact, encourages the use after-year increase in prices and this hand, tend to drive things in the other of that type of insurance and maybe continued year-after-year of picking direction. And ultimately, although even encourages the use of that type of only the people that we want to insure there may be a transient reduction in insurance a little too much. and leaving others out. This is a way of price long term, it has a negative influ- b 2115 broadening the base and lowering the ence on price and causes prices to in- rate. We liked that concept in our tax flate and increase over time. It encourages people to be over- policy; we should like that concept in Madam Speaker, I can hardly come insured because, look, I can’t really our insurance policies as well. to the floor of the House and talk pay you any more without distorting Madam Speaker, mandates are an- about changes in our health care sys- my salary structure but I will give you other issue that will come up from tem without at least briefly talking this more generous insurance package. time to time. The health care program about changes in the way the medical And as a consequence, more insurance that was popularized in the State of justice system is handled in this coun- benefits are added to that person’s ben- Massachusetts, very famously, depends try. And the reason that it is so impor- efits package, and it may, in fact, be upon an individual mandate. It is your tant to me is my State, my home State more insurance than they actually obligation and responsibility to have of Texas, changed the nature of the ar- need. So they are paying for something insurance, and you will have insurance gument 4 years ago and since then has that they don’t actually need. or we will buy it for you and charge been reaping the benefits of funda- On the other end of the spectrum, you for it. If you don’t want to pay us, mental and sound medical liability re- you have the individual who is out we will take that money out of your form. there pricing insurance now in the pri- State income tax refund that you are Now, the Texas legislation that vate market, and perhaps they do earn due at the first of the year. So that is passed in the legislature that convened enough money to pay income taxes, one way to get people to buy insurance, in 2003, and subsequently we had to un- and it would be great to extend or ex- to be sure. dergo a constitutional amendment in pand their purchasing power for that Now, in 1993, when the Clinton health September of 2003, it provided a cap on insurance by allowing them to pay for care plan was discussed, they talked noneconomic damages. The so-called that with pretax dollars. about employer mandates: We’re going Medical Injury Compensation Reform There is going to be a lot of debate to require every employer to partici- Act of 1974, as passed by the State of on that over the next several years, I pate in an employer-derived health in- California, was adopted and modernized expect. In my mind, it is the only sane surance program or they are going to in the Texas plan. But it was a Medical and smart way to go to, again, decou- have to pay a large amount in order for Injury Compensation Reform Act-style ple the insurance product from the tax their employees to get coverage else- reform that was done in my home code and kind of put everybody on an where. State of Texas. equal footing. It’s either deductible for So employer mandates and individual Now, caps on noneconomic damages everyone or not deductible for every- mandates are certainly techniques that out in California in 1975 were set at one. But let’s put everyone on the same have been tried in the past, and we $250,000. In Texas, with the passage of playing field there because only in that may see them tried again in the future. this legislation, there was a cap set at way will we get true equity and only in State mandates are where a State $250,000 for a physician if the physician that way will we get the demand for says any insurance policy that is writ- was involved; $250,000 set for the hos- the type of products that, again, ulti- ten in the State, you have to provide pital if a hospital was involved; and mately will have the competitive coverage for these items. It varies from $250,000 for a second hospital or a nurs- forces that will push the price down. State to State. Some States are quite ing home if one was involved. So there And after all, the kind of competition generous, and as a consequence, their was an aggregate cap of $750,000. At the that is available on the Internet, the insurance rates are high. Some States same time, there was no cap placed on same type of competition that’s avail- are more spartan, and as a con- actual damages, real damages, that able now with health savings accounts, sequence, their insurance rates are were sustained in a medical liability and since they are after-tax items any- more reasonable. But State mandates, suit and no cap placed on punitive way, they are not under the same re- individual mandates, employer man- damages if those were awarded by a strictions, but to get that same type of dates, in my opinion, have the ability judge in a medical liability suit. competitive influence from pricing on of driving up the cost and limiting the The result of all of this was that a the Internet that will help keep the care because they remove the competi- State that was in turmoil, a State that cost of health care coverage more af- tive influences that otherwise would be was in chaos in the year 2002, today is fordable for more people. It’s kind of brought by the competition that’s eminently stable when you talk about analogous to the people who sell car in- available in the open market and just its medical justice system because of surance and who say 15 minutes can keeping free enterprise involved in these commonsense reforms that were save you big bucks on your car insur- medicine. enacted back in 2003. The benefits that ance if you are willing to invest 15 min- I guess the counterpart to mandates, we have seen for my old insurer of utes on a telephone call to a particular for all its faults and for all of the sort record, Texas Medical Liability Trust, insurance company. They have done a of anguished discussion that we had my medical liability premiums had lot of clever things with their adver- about Medicare part D over the past been increasing by double digits every tising with animated lizards and several years, Medicare part D now year, year after year for about the 4 unfrozen cavemen and the like, but the provides pharmaceutical benefits, years before I concluded my practice reality is they have taken the concept pharmaceutical coverage to 90 percent and came to Congress. The very next of the type of competitive edge you can of the Nation’s seniors, and it does so year after the passage of this bill in get by utilization of the Internet with with a 90 percent satisfaction rate. And 2003, prices dropped. They dropped 12 car insurance. If we had the same abil- there is not a mandate in the program. percent. They have continued to drop. ity to do that with health insurance, And how do they do it? They provided So the aggregate reduction in premium how much better would that be? Be- programs that people actually wanted. prices over the 4 years since this passed cause we could drive the price down, That would be a novel approach. In- has been 22 percent for physicians in- because now people would be com- stead of a mandate, you make some- sured under the Texas Medical Liabil- peting with large volumes, large num- thing that is marketable. You make ity Trust. And that is in addition to bers of patients. Now companies would something that’s desirable. You make double-digit increases that were hap- be competing with large numbers of pa- something that patients and families pening every year up to 2003. Now we tients, and, in fact, I think we would are going to say that’s a good idea and have had a 22 percent reduction. That’s see an improvement on the price struc- it’s reasonably priced and I am going a significant change.

VerDate Mar 15 2010 12:43 Aug 20, 2010 Jkt 059102 PO 00000 Frm 00050 Fmt 0688 Sfmt 0634 E:\BR07\H29OC7.001 H29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28594 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 October 29, 2007 One of the most important things, the commonsense changes we made in few years ago, when I asked her, ‘‘Does though, was the number of medical li- medical liability insurance. the medical liability crisis impact your ability insurers that existed in the And one last thing I would add. If I’m residency training program at all?’’ she State of Texas had gone from 17 down from Texas and we’ve already done told me that, well, currently we are to two. You are not going to get much this, what do I care about the rest of taking people into our residency pro- in the way of a competitive edge if you the country that their medical justice gram that we wouldn’t have inter- have only got two people willing to system perhaps remains with the scales viewed 5 years ago. write medical liability insurance in uneven and tipped to one side or the b 2130 your State. So by the start of 2003, we other? Well, the reason I care is be- were truly in crisis with the fleeing of cause now, as a Member of Congress, In other words, the pool of available medical liability insurers from our we have to deal with the Federal budg- applicants for their residency program State. et every year. We have to decide how had contracted because of the chilling What happened after the law passed? much money we are going to give Medi- effect, the negative effect of the med- The insurers started to come back in. care and Medicaid every year. Consider ical liability insurance in that State. Now, many of them wanted to come this: A study done back in 1996 at Stan- And these are our children’s doctors; back in and say, we’re going to have to ford University looking at the cost to these are our children’s children’s doc- charge you more money because Texas the Medicare system for treatment of tors. I fail to see how the advancement of medical care is furthered by allow- is still an unproven deal and we’re not heart disease, the additional cost for ing policies that have that type of an sure we want to come in at the rates the treatment of heart disease when you are going to set. But Commissioner effect on our physician workforce. factoring in the cost for defensive med- But let’s talk a little bit about the Montemayor, who was then the Com- icine, back in 1996, that cost was cal- physician workforce in the time that missioner of Insurance in the State of culated to be just under $30 billion. remains because this is another impor- Texas said, if you are going to come Well, that was 12 years ago. I rather tant part of where we go with health back in, you’re going to come back in suspect that number would be higher care reform, health care trans- at reasonable rates. And as a con- today if anyone went back in and recal- formation in this country. And three sequence today, I’m not sure of the top culated those figures. So it is signifi- bills that have recently been intro- number of Texas insurance companies, cant. That is practically 10 percent of duced, H.R. 2583, H.R. 2584 and H.R. but certainly above 15 and may well be the money we budget every year, the 2585, deal with the problems sur- above 20 insurance companies that money we appropriate every year to rounding the physician workforce. have come back to the State, and, most pay for the Medicare system. It is a Now, just a little bit less than 2 years importantly, they have come back significant savings to the Medicare sys- ago, Alan Greenspan, as one of his last without an increase in their rates. tem if, in fact, we can capture these trips around the Capitol, came and One of the unintended beneficiaries savings. talked to a group of us one morning. of this reform was the smaller not-for- Just the Texas bill alone introduced And a question was posed to him: What profit hospital in the State of Texas. in the House of Representatives was do you think about Medicare? Are we Smaller and medium-sized hospitals, scored by the Congressional Budget Of- ever going to be able to pay for the un- self-insured, they had to put a lot of fice as saving $3.8 billion over 5 years funded liability of Medicare in the fu- money away against a possible bad out- just with the language of the Texas ture? And he stopped and thought for a come in a court. With the passage of bill, to say nothing of what it would do moment and said, Yes. I think when this law and with some return of sensi- on putting negative pressure, down- the time comes Congress will make the bility and stability to what their ac- ward pressure on the cost of defensive hard choices, make the hard decisions, tual outlay may be if they lost a case, medicine. And $3.8 billion is not a big and, indeed, we will be able to salvage smaller hospitals and medium-sized figure when we talk about money up and pay for the Medicare system. And hospitals were able to take some of here in Congress. It’s usually tens or he paused for a moment and then went that money that they had put away in hundreds of billions of dollars. But I on to say, But what concerns me more accounts to guard against a possible have got to tell you what, $3.8 billion is is, will there be anyone there to deliver adverse finding in court, and now they real money, and in a year where we are the services when you require them? were able to take that money and use scratching around trying to find every And that, Madam Speaker, is a cru- it for capital expansion, nurses’ sala- dollar that we can, that $3.8 billion is cial point in this discussion. And that ries, the kinds of things you want your significant. And, again, I, frankly, do is the point behind the three bills that smaller not-for-profit hospital to be not understand why the House were introduced earlier this year to doing in your small and medium-sized wouldn’t consider taking this up, be- create incentives for hospitals to pro- community. cause this is a commonsense solution vide residency programs, to create in- So it was a very big boon not only to to a problem that vexes many States centives for medical students to go physicians but also to hospitals. And, around the country. into medicine in the first place and, fi- again, I would submit is that a win or And perhaps one of the even more nally, to encourage physicians who are a loss for someone who wants to deliver pernicious effects of the medical liabil- more mature in their practice to stay value to the fundamental doctor-pa- ity crises in some States is the fact in their practice. tient interaction in the treatment that it directs the best and brightest of Creating more residency programs. room? Obviously, it’s a win. We have our young people in a career path other There are some hospitals in the coun- more doctors coming to the State. We than medicine. If I am going to spend try that would welcome a residency have so many doctors coming to the all that time in school, if I’m going to program. They have the patient load. State, the Texas State Board of Med- accumulate all that student debt, and They could get the accreditation from ical Examiners can’t keep up with the then when I get out, I have got to pay the American Council of Graduate pressure, with the demand on new li- these high liability premiums and you Medical Education, but the barrier for censes for doctors who want to get li- go to court and they make you look entry is just simply too high, the cost censed to practice in Texas. So that is like a bad guy, I don’t think I want any of starting a residency program is too a good thing. Texas as a whole has been part of it. It does have a negative effect high. underprovidered, if ‘‘providered’’ can be on attracting the best and brightest So this bill would provide loans to used as a verb. Texas as a whole has into our physician workforce. hospitals to begin residency programs been underprovidered for some time. The physician workforce is impor- where none have existed in the past, The national average is 260 doctors per tant. I want to talk about that in particularly in fields in high-need med- 100,000 population. Texas sits at about greater detail. But just consider this: A ical specialties in medically under- 186. But the situation is improving residency program director out of one served areas, things like general sur- month over month because of some of of the big hospitals up in New York a gery; things like family practice;

VerDate Mar 15 2010 12:43 Aug 20, 2010 Jkt 059102 PO 00000 Frm 00051 Fmt 0688 Sfmt 0634 E:\BR07\H29OC7.001 H29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 29, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 28595 things like obstetrics and gynecology. one very fundamental way that it can broke, but the good news is it’s going This would be the subset of residency improve it. But another way, and per- to go broke a year later than we told programs that would be encouraged haps a less tangible way, is if a doctor you last year. The reason for that is with this legislation. goes into practice within 50 miles of 600,000 hospital beds were not filled last And, as a consequence, since it is a where they did their training, what do year because doctors are doing things loan program, the money would be paid they know about that place? Well, they better in their practices, they are keep- back and over time would recirculate know the community. Their family, ing patients out of the hospital, they so more and more programs could be their wives and their children are prob- are doing procedures in an ambulatory added to the Nation’s training pro- ably going to be more comfortable in surgery center; and as a consequence, grams, particularly, again, for high- that community, so there is increased the overall cost price pressure on the need primary care specialties in medi- job satisfaction that the doctor will Medicare system has reduced. The cally underserved areas. have in that community. I’m sorry, I problem is that doctors don’t get to H.R. 2584 dealt more with the young- should have said wives or husbands have any credit for that reduction. It er individual who is either in medical would have in that community. So all goes to the hospitals, drug compa- school or perhaps thinking about a pro- there is increased personal satisfac- nies, nursing homes and HMOs, not to fession in health care. And this bill tion. the part B of Medicare, which is, after would provide incentives, it would pro- But the other thing is, you know the all, where physicians are paid. vide scholarships, it would provide loan doctors in the area, you know who’s We need to change this. We need to forgiveness, it would provide tax relief good and you know who’s not so good. make those savings only attributable for individuals who, at the time of Referral patterns that are established to part B. And as a consequence, we their conferring of their degrees and during a 3- or 4-year residency can be can drive down the cost of repealing the beginning of their practice, would continued. And this is the additional the Sustainable Growth Rate Formula. agree to practice in areas that are value that this type of training will And by postponing that repeal for 2 years’ time, but at the same time pro- medically underserved and, again, in bring to our young physicians in the viding a positive update for 2008 and high-need specialties. State and allow them to be better phy- 2009, I believe we have a system in Now, this concept is actually an sicians when the time comes for them place that can be a win-win for Con- older concept. It was around when I to begin their practice. was in medical school, but we need to The final bill, 2585, deals with a prob- gress, for doctors, and for the Amer- ican patient, the Medicare patient, who modernize it for the 21st century. lem that we’ve had in this Congress for has increased difficulty with finding a And what really brought it home for as long as I’ve been here, in fact, before me was visiting the gulf coast area Medicare physician. I got here, and that is the problem that Two other proposals in that bill, 2585, after Hurricane Katrina. So many doc- we have with reimbursing physicians in would be to provide positive updates tors had left, and so many more doc- the Medicare system. The current for doctors who voluntarily improve in- tors were contemplating leaving. How Medicare system of pricing is one that formation technology in their offices. in the world are they ever going to is not based on any sort of reality. Hos- We all know this is something that is maintain a health care workforce in pitals, drug companies, HMOs each get going to have to happen. This is some- that part of the country unless they sort of a cost-of-living adjustment thing that is going to have to occur. grow their own doctors in place? This every year for their funding sources; Let’s give a little bit of a positive up- is a way to allow that to happen, and of but physicians, for whatever reason, date, a little bit of a positive bonus. course there are other medically under- don’t get that cost-of-living adjust- Yes, patients who aren’t in the Medi- served areas around the country that ment. They don’t get what’s called the care system will also benefit from that, might benefit from this as well. Medical Economic Index. What they but we’re not getting a tremendous Again, back in my home State of get is called the Sustainable Growth amount, about a 3 percent bonus per Texas, the Texas Medical Association Rate Formula, which generally pushes year for voluntary improvements in puts out a periodical called ‘‘Texas their reimbursement rates down year health information technology. Medicine.’’ This was the cover of their over year. And over the next 10 years Let’s also make available for physi- March issue, which raised the specter time, the budgetary projection is for cians who voluntarily report quality or the question: ‘‘Running Out of Doc- physician payment rates for Medicare measures, let’s also make a positive tors.’’ And these 2 bills were largely in- patients to be reduced on the order of update available for them as well. And spired by the work done in this article. 30–38 percent. Well, that’s untenable. the consequences of that is people will And one of the concepts that was put No doctor can continue to practice; begin to focus on the quality aspect if forward in this article was that med- they can’t even plan for their practice. you just simply make a physician ical residents tend to stay where they They can’t plan for hiring; they can’t aware of what their expenditures in the train; they don’t go very far. The fruit plan for the purchase of new equipment Medicare system were for the past doesn’t fall very far from the tree. So a all of the time they’re laboring under year. That information is confidential. medical resident who trains in a town that type of restriction. It’s not something that’s published; is likely to set up practice within 50 or 2585 would repeal the Sustainable other people aren’t aware of it. But 100 miles of that town. That is the con- Growth Rate Formula in 2 years’ time. doctors tend to be relatively competi- cept behind setting up these It resets the baseline for 2008 and 2009, tive, and if they have that number residencies in smaller and medium- which does allow for a positive update available to them, they are likely to sized communities, smaller hospitals for physicians in 2008 and 2009, with no behave in a way that will try to drive that have the need and have the pa- smoke and mirrors, no fancy footwork. that number down. Doctors are goal-di- tient load that will allow for the train- It is just something that could be done. rected, doctors are competitive, doc- ing and teaching and allow those physi- And then we aggregate all of the sav- tors want to be the best at what they cians to stay in that practice area. ings that accrue to the Medicare sys- are. Well, let’s give them the data and Well, you might ask, how does this tem because we are doing things bet- see if they can’t compete on that level. deliver value to that doctor-patient ter, cheaper, and faster in the Medicare The other thing is I think we need to interaction that I’ve talked about sev- system currently. As a consequence, make that information available to the eral times tonight? Well, there are sev- that savings can be used to offset what patient as well: What did it cost the pa- eral ways. Number one, in just having is described as the cost of repealing the tient to provide for the treatment over the availability and the access of a Sustainable Growth Rate Formula over the cycle of care for the past year? physician. You can’t deliver value to 10 years’ time. And, again, these are less defined, but the doctor-patient interaction if you Consider this, the Medicare Trustees equally important, ways we can begin don’t have a doctor there to interact Report from last June said that the to deliver value to that doctor-patient with the patient. So that is certainly bad news is Medicare is still going interaction.

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The health information technology is Ms. SHEA-PORTER (at the request of 3902. A letter from the Principal Deputy so important. Many doctors are sitting Mr. HOYER) for today on account of Under Secretary for Personnel and Readi- on the sidelines right now. It’s like family medical reasons. ness, Department of Defense, transmitting buying a VCR in the mid-1980s: Do you Mr. CONYERS (at the request of Mr. Authorization of Captain Sean A. Pybus to wear the insignia of the grade of rear admi- HOYER) for today until 7 p.m. on ac- go with Beta or VHS? And it’s hard to ral (lower half) in accordance with title 10, know what the technology is going to count of travel problems. United States Code, section 777; to the Com- look like in 5 years; and the person Mr. BUYER (at the request of Mr. mittee on Armed Services. who guesses right will be rewarded, the BOEHNER) for today on account of fam- 3903. A letter from the Chief Counsel, person who guesses wrong will be pe- ily illness. FEMA, Department of Homeland Security, nalized. Mr. WAMP (at the request of Mr. transmitting the Department’s final rule — So there is a lot of tension, a lot of BOEHNER) for today on account of a Suspension of Community Eligibility [Dock- family commitment. et No. FEMA-7993] received October 10, 2007, nervousness out there when you talk to pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- physicians’ offices. And there is no Mr. HULSHOF (at the request of Mr. BOEHNER) for today and October 30 mittee on Financial Services. question about it, these things add a 3904. A letter from the Chief Counsel, until 3 p.m. on account of personal rea- lot of time to the doctor’s day, time FEMA, Department of Homeland Security, sons. that is not readily compensated in any transmitting the Department’s final rule — other formula. So we need to consider f Suspension of Community Eligibility [Dock- adding that positive update, such as SPECIAL ORDERS GRANTED et No. FEMA-7991] received October 10, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- was done in H.R. 2585. By unanimous consent, permission to mittee on Financial Services. Well, Madam Speaker, we cannot rise address the House, following the legis- 3905. A letter from the Assistant Legal Ad- to the transformational change re- lative program and any special orders viser for Treaty Affairs, Department of quired in this country without keeping heretofore entered, was granted to: State, transmitting Copies of international the best doctors involved and without (The following Members (at the re- agreements, other than treaties, entered into by the United States, pursuant to 1 U.S.C. incentivizing and training the best doc- quest of Mr. BISHOP of New York) to re- tors for tomorrow. This is going to re- 112b; to the Committee on Foreign Affairs. vise and extend their remarks and in- 3906. A letter from the Assistant Secretary quire a near-term, a mid-term and a clude extraneous material:) for Legislative Affairs, Department of State, far-term, a long-term strategy. We will Mr. BISHOP of New York, for 5 min- transmitting pursuant to section 36(d) of the not be able to master the trans- utes, today. Arms Export Control Act, certification re- formational changes and challenges Mr. ISRAEL, for 5 minutes, today. garding the proposed license for the manu- without America’s best and brightest Mr. PETERSON of Minnesota, for 5 facture of defense equipment to the Govern- still involved in the teaching and in minutes, today. ment of Italy (Transmittal No. DDTC 067-07); the practice of medicine. Ms. WOOLSEY, for 5 minutes, today. to the Committee on Foreign Affairs. 3907. A letter from the Assistant Secretary This is a bipartisan issue. It doesn’t Mr. CUMMINGS, for 5 minutes, today. Mr. DEFAZIO, for 5 minutes, today. for Legislative Affiars, Department of State, affect only one side of the aisle. It transmitting pursuant to section 36(d) of the doesn’t only affect the other side of the Ms. WATERS, for 5 minutes, today. Mr. GEORGE MILLER of California, for Arms Export Control Act, certification re- aisle. It requires each of us to work to- 5 minutes, today. garding the proposed license for the manu- gether. facture of defense equipment to the Govern- Mr. MICHAUD, for 5 minutes, today. ment of Canada (Transmittal No. DDTC 083- Madam Speaker, I will submit our Mr. HARE, for 5 minutes, today. 07); to the Committee on Foreign Affairs. congressional approval ratings right Ms. KAPTUR, for 5 minutes, today. now are at historic lows; and the rea- 3908. A letter from the Assistant Secretary Ms. JACKSON-LEE of Texas, for 5 min- for Legislative Affairs, Department of State, son they’re at historic lows is not for utes, today. transmitting pursuant to section 36(c) of the the reason that most people think up Mrs. MCCARTHY of New York, for 5 Arms Export Control Act, certification of a here. The reason they’re at historic minutes, today. proposed license for the export of technical lows is because we won’t work together Ms. LINDA T. SA´ NCHEZ of California, data, defense articles and services to the Re- to get a single thing done for the for 5 minutes, today. public of Korea (Transmittal No. DDTC 070- American people, and this is one of (The following Members (at the re- 07); to the Committee on Foreign Affairs. those things that they want done. quest of Ms. FOXX) to revise and extend 3909. A letter from the Assistant Secretary for Legislative Affairs, Department of State, Now, I left my beloved profession a their remarks and include extraneous material:) transmitting pursuant to section 36(c) of the little over 4 years ago to come and Arms Export Control Act, certification of a Mr. POE, for 5 minutes, November 5. serve here in Congress. I didn’t come to proposed license for the export of technical just sit and watch as things happened Mr. JONES of North Carolina, for 5 data, defense articles and services to the and things were brought to us by other minutes, November 5. Governments of Germany and the United Mr. BURTON of Indiana, for 5 minutes, people. I came to be actively involved Kingdom (Transmittal No. DDTC 069-07); to today and October 30, 31, and November in the process, and I intend to remain the Committee on Foreign Affairs. 1. 3910. A letter from the Assistant Secretary involved in the process. Mr. MORAN of Kansas, for 5 minutes, for Legislative Affairs, Department of State, I have outlined numerous solutions today. transmitting pursuant to section 36(c) and here tonight. I am grateful to the lead- Mr. DENT, for 5 minutes, today. 36(d) of the Arms Export Control Act, certifi- ership on my side for giving me the op- cation regarding the proposed manufacturing f portunity to talk about these things license agreement for the manufacture of and would only submit that there is a ADJOURNMENT significant military equipment abroad and great deal more to discuss, and there Mr. BURGESS. Mr. Speaker, I move the export of defense articles and defense will be more to come later. that the House do now adjourn. services with the Government of Japan (Transmittal No. DDTC 049-07); to the Com- f The motion was agreed to; accord- mittee on Foreign Affairs. ingly (at 9 o’clock and 43 minutes LEAVE OF ABSENCE 3911. A letter from the Assistant Secretary p.m.), under its previous order, the for Legislative Affairs, Department of State, By unanimous consent, leave of ab- House adjourned until tomorrow, Tues- transmitting pursuant to section 36(c) and sence was granted to: day, October 30, 2007, at 9 a.m., for 36(d) of the Arms Export Control Act, certifi- Mr. CARNEY (at the request of Mr. morning-hour debate. cation regarding the proposed manufacturing license agreement for the manufacture of HOYER) for today. f Mr. GENE GREEN of Texas (at the re- significant military equipment abroad and the export of major defense equipment with quest of Mr. HOYER) for today. EXECUTIVE COMMUNICATIONS, the Government of Spain (Transmittal No. Ms. KILPATRICK (at the request of Mr. ETC. DDTC 077-07); to the Committee on Foreign HOYER) for today. Under clause 8 of rule XII, executive Affairs. Mr. KLEIN of Florida (at the request communications were taken from the 3912. A letter from the Chairman, Council of Mr. HOYER) for today. Speaker’s table and referred as follows: of the District of Columbia, transmitting a

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copy of D.C. ACT 17-165, ‘‘Energy Efficiency 3924. A letter from the Director of Regula- Oklahoma, Mrs. BOYDA of Kansas, Standards Act of 2007,’’ pursuant to D.C. tions Management, Department of Veterans Mr. LANGEVIN, Mr. BROWN of South Code section 1-233(c)(1); to the Committee on Affairs, transmitting the Department’s final Carolina, Mr. MORAN of Virginia, Ms. Oversight and Government Reform. rule — Accreditation of Service Organization SLAUGHTER, Mrs. MALONEY of New 3913. A letter from the Chairman, Council Representatives and Agents (RIN: 2900-AM29) York, Mr. HIGGINS, and Ms. MCCOL- of the District of Columbia, transmitting a received October 10, 2007, pursuant to 5 LUM of Minnesota): copy of D.C. ACT 17-164, ‘‘District of Colum- U.S.C. 801(a)(1)(A); to the Committee on Vet- H.R. 3981. A bill to authorize the Preserve bia Free Clinic Captive Insurance Company erans’ Affairs. America Program and Save America’s Treas- Establishment Temporary Act of 2007,’’ pur- ures Program, and for other purposes; to the f suant to D.C. Code section 1-233(c)(1); to the Committee on Natural Resources. Committee on Oversight and Government REPORTS OF COMMITTEES ON By Mr. BOSWELL (for himself, Mr. Reform. PUBLIC BILLS AND RESOLUTIONS CLEAVER, and Mr. BAIRD): 3914. A letter from the Chairman, Council H.R. 3982. A bill to continue to prohibit the of the District of Columbia, transmitting a Under clause 2 of rule XIII, reports of hiring, recruitment, or referral of unauthor- copy of D.C. ACT 17-163, ‘‘Closing of a Public committees were delivered to the Clerk ized aliens, and for other purposes; to the Alley in Square 452, S.O. 06-1034 Act of 2007,’’ for printing and reference to the proper Committee on the Judiciary, and in addition pursuant to D.C. Code section 1-233(c)(1); to calendar, as follows: to the Committees on Ways and Means, and the Committee on Oversight and Govern- Mr. GORDON of Tennessee: Committee on Education and Labor, for a period to be sub- ment Reform. sequently determined by the Speaker, in 3915. A letter from the Chairman, Council Science and Technology. H.R. 3877. A bill to require the Director of the National Insti- each case for consideration of such provi- of the District of Columbia, transmitting a sions as fall within the jurisdiction of the copy of D.C. ACT 17-131, ‘‘Homestead Hous- tute of Standards and Technology to estab- lish an initiative to promote the research, committee concerned. ing Preservation Amendment Act of 2007,’’ By Mr. ALTMIRE: pursuant to D.C. Code section 1-233(c)(1); to development, and demonstration of miner tracking and communications systems and H.R. 3983. A bill to amend the Internal Rev- the Committee on Oversight and Govern- enue Code of 1986 to make permanent certain ment Reform. to promote the establishment of standards regarding underground communications to tax benefits relating to elementary and sec- 3916. A letter from the Chairman, Council ondary schools; to the Committee on Ways of the District of Columbia, transmitting a protect miners in the United States; with amendments (Rept. 110–411). Referred to the and Means. copy of D.C. ACT 17-132, ‘‘Child’s Right to By Mr. ALTMIRE: Nurse Human Rights Amendment Act of Committee of the Whole House on the State of the Union. H.R. 3984. A bill to amend the Internal Rev- 2007,’’ pursuant to D.C. Code section 1- enue Code of 1986 to make permanent the ex- 233(c)(1); to the Committee on Oversight and Mr. RAHALL: Committee on Natural Re- sources. H.R. 2262. A bill to modify the re- pensing of certain environmental remedi- Government Reform. ation costs; to the Committee on Ways and 3917. A letter from the Chairman, Council quirements applicable to locatable minerals Means. of the District of Columbia, transmitting a on public domain lands, consistent with the By Mr. DEFAZIO (for himself, Mr. copy of D.C. ACT 17-133, ‘‘Bank Charter Mod- principles of self-initiation of mining claims, OBERSTAR, Mr. MICA, and Mr. DUN- ernization Amendment Act of 2007,’’ pursu- and for other purposes; with an amendment CAN): ant to D.C. Code section 1-233(c)(1); to the (Rept. 110–412). Referred to the Committee of H.R. 3985. A bill to amend title 49, United Committee on Oversight and Government the Whole House on the State of the Union. States Code, to direct the Secretary of Reform. Mr. CONYERS: Committee on the Judici- Transportation to register a person pro- 3918. A letter from the Chairman, Council ary. H.R. 3921. A bill to provide nationwide viding transportation by an over-the-road of the District of Columbia, transmitting a subpoena authority for actions brought bus as a motor carrier of passengers only if copy of D.C. ACT 17-162, ‘‘Quality Teacher under the September 11 Victim Compensa- the person is willing and able to comply with Incentive Clarification Act of 2007,’’ pursu- tion Fund of 2001 (Rept. 110–413). Referred to certain accessibility requirements in addi- ant to D.C. Code section 1-233(c)(1); to the the Committee of the Whole House on the tion to other existing requirements, and for Committee on Oversight and Government State of the Union. other purposes; to the Committee on Trans- Reform. Mr. RANGEL: Committee on Ways and 3919. A letter from the Chairman, Council Means. H.R. 3920. A bill to amend the Trade portation and Infrastructure. of the District of Columbia, transmitting a Act of 1974 to reauthorize trade adjustment By Mr. OBERSTAR (for himself, Mr. copy of D.C. ACT 17-134, ‘‘Closing of a Por- assistance, to extend trade adjustment as- MICA, Ms. NORTON, and Mr. GRAVES): tion of 8th Street, S.E., and the Public Alley sistance to service workers and firms, and H.R. 3986. A bill to amend the John F. Ken- in Squares 5956 and W-5956, S.O. 05-4555, Act for other purposes; with an amendment nedy Center Act to authorize appropriations of 2007,’’ pursuant to D.C. Code section 1- (Rept. 110–414, Pt. 1). Ordered to be printed. for the John F. Kennedy Center for the Per- forming Arts, and for other purposes; to the 233(c)(1); to the Committee on Oversight and DISCHARGE OF COMMITTEE Government Reform. Committee on Transportation and Infra- 3920. A letter from the Associate Special Pursuant to clause 2 of rule XII the structure. Counsel for Legal Counsel and Policy, Office Committees on Education and Labor By Mr. BACA (for himself, Mrs. of Special Counsel, transmitting the Office’s and Energy and Commerce discharged NAPOLITANO, Ms. HARMAN, Mr. final rule — Privacy Act of 1974; Implemen- from further consideration. H.R. 3920 CUELLAR, Mr. FORTUN˜ O, Mr. FILNER, tation — received October 10, 2007, pursuant referred to the Committee of the Whole Mr. AL GREEN of Texas, and Mr. to 5 U.S.C. 801(a)(1)(A); to the Committee on House on the State of the Union. NUNES): Oversight and Government Reform. H.R. 3987. A bill to provide emergency tax 3921. A letter from the Assistant Secretary f relief for persons affected by California wildfires in October of 2007; to the Com- of the Army for Civil Works, Department of TIME LIMITATION OF REFERRED Defense, transmitting a report on a naviga- mittee on Ways and Means. tion improvement project for Haines, Alas- BILL By Ms. GRANGER (for herself, Mr. ka; to the Committee on Transportation and Pursuant to clause 2 of rule XII the GOHMERT, Mr. POE, Mr. SAM JOHNSON Infrastructure. following action was taken by the of Texas, Mr. HALL of Texas, Mr. HENSARLING, Mr. BARTON of Texas, 3922. A letter from the Director, Office of Speaker: Environmental Policy and Compliance, De- Mr. CULBERSON, Mr. BRADY of Texas, partment of the Interior, transmitting the H.R. 2830. Referral to the Committee on Mr. AL GREEN of Texas, Mr. MCCAUL Department’s review of the Chief of Engi- the Judiciary extended for a period ending of Texas, Mr. CONAWAY, Mr. THORN- neers’ proposed report on the Lower Colo- not later than October 30, 2007. Refereral to BERRY, Mr. PAUL, Mr. HINOJOSA, Mr. rado River Basin, Phase I, Texas; to the the Committee on Energy and Commerce ex- REYES, Mr. EDWARDS, Ms. JACKSON- Committee on Transportation and Infra- tended for a period ending not later than No- LEE of Texas, Mr. NEUGEBAUER, Mr. structure. vember 16, 2007. GONZALEZ, Mr. SMITH of Texas, Mr. 3923. A letter from the Director of Regula- f LAMPSON, Mr. RODRIGUEZ, Mr. tions Management Office of Regulation Pol- MARCHANT, Mr. DOGGETT, Mr. BUR- icy & Management, VA, Department of Vet- PUBLIC BILLS AND RESOLUTIONS GESS, Mr. ORTIZ, Mr. CUELLAR, Mr. erans Affairs, transmitting the Department’s Under clause 2 of rule XII, public GENE GREEN of Texas, Ms. EDDIE BER- final rule — Government-Furnished Head- NICE JOHNSON of Texas, Mr. CARTER, stone and Marker Regulations (RIN: 2900- bills and resolutions were introduced and Mr. SESSIONS): AM64) received September 18, 2007, pursuant and severally referred, as follows: H.R. 3988. A bill to designate the facility of to 5 U.S.C. 801(a)(1)(A); to the Committee on By Mr. MILLER of North Carolina (for the United States Postal Service located at Veterans’ Affairs. himself, Mr. TURNER, Mr. COLE of 3701 Altamesa Boulevard in Fort Worth,

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Texas, as the ‘‘Master Sergeant Kenneth N. H.R. 677: Mr. SPRATT. H.R. 3029: Mrs. MALONEY of New York and Mack Post Office Building’’; to the Com- H.R. 758: Mr. LATHAM and Mr. RODRIGUEZ. Mr. FORTUN˜ O. mittee on Oversight and Government Re- H.R. 873: Mr. SESTAK. H.R. 3041: Mr. BLUMENAUER. form. H.R. 876: Mr. DAVID DAVIS of Tennessee. H.R. 3099: Mr. LAMPSON. By Mr. MCHUGH: H.R. 971: Mr. WALDEN of Oregon and Mr. H.R. 3109: Mr. AKIN. H.R. 3989. A bill to amend the Clean Air OLVER. H.R. 3144: Mr. FRANKs of Arizona. Act to reduce mercury, carbon dioxide, sul- H.R. 1023: Mr. CANNON, Mr. COBLE, Mrs. H.R. 3189: Mr. UDALL of Colorado. fur dioxide, and nitrogen oxide emissions, TAUSCHER, Mr. BUYER, Ms. ESHOO, and Mr. H.R. 3204: Ms. SUTTON. and for other purposes; to the Committee on HARE. H.R. 3219: Mr. KAGEN. Energy and Commerce, and in addition to H.R. 1061: Mr. ALLEN. H.R. 3232: Mr. DOYLE, Mr. UDALL of Colo- the Committees on Natural Resources, H.R. 1070: Ms. KILPATRICK. rado, Mr. WICKER, Ms. CORRINE BROWN of Science and Technology, and Agriculture, for H.R. 1073: Mr. PALLONE. Florida, Mr. PRICE of North Carolina, Mrs. a period to be subsequently determined by H.R. 1091: Mr. MCINTYRE. CUBIN, Mr. HOLDEN, Mr. SHIMKUS, and Mrs. the Speaker, in each case for consideration H.R. 1093: Mr. REHBERG, Mr. LATHAM, and BLACKBURN. of such provisions as fall within the jurisdic- Mr. WU. H.R. 3251: Mr. GRIJALVA. tion of the committee concerned. H.R. 1108: Mr. SESTAK. H.R. 3289: Mr. ROTHMAN, Mr. AL GREEN of By Ms. SLAUGHTER (for herself, Mr. H.R. 1110: Mrs. MYRICK, Mr. CONAWAY, Mr. Texas, and Ms. WASSERMAN SCHULTZ. ALLEN, Mr. BACA, Ms. BALDWIN, Ms. KLEIN of Florida, Mr. KLINE of Minnesota, H.R. 3298: Mr. GRIJALVA. BERKLEY, Mr. BLUMENAUER, Mr. BUR- Mr. LINCOLN DIAZ-BALART of Florida, Ms. H.R. 3317: Mr. CUELLAR and Mr. ABER- TON of Indiana, Mrs. CAPPS, Mr. SCHAKOWSKY, and Mr. LIPINSKI. CROMBIE. COSTA, Mr. CROWLEY, Ms. DELAURO, H.R. 1188: Mr. KILDEE. H.R. 3320: Mr. SHERMAN. Ms. ESHOO, Mr. FALEOMAVAEGA, Mr. H.R. 1192: Mr. WOLF, Mr. SESTAK, and Mr. H.R. 3326: Mr. CLAY. FARR, Mr. FILNER, Mr. GRIJALVA, Ms. TURNER. H.R. 3327: Mr. GENE GREEN of Texas and HIRONO, Mr. HONDA, Mr. INSLEE, Mrs. H.R. 1228: Mr. CUMMINGS. Mr. REICHERT. MALONEY of New York, Mr. MARKEY, H.R. 1236: Mr. BOREN, Mrs. MYRICK, Mr. H.R. 3339: Mr. ROTHMAN. Ms. MATSUI, Ms. MCCOLLUM of Min- MILLER of North Carolina, Mr. H.R. 3397: Ms. SUTTON. nesota, Mr. MCDERMOTT, Mr. FALEOMAVAEGA, Mr. DONNELLY, Mr. ISRAEL, H.R. 3401: Mr. ABERCROMBIE. MICHAUD, Mr. MOORE of Kansas, Mr. Ms. ROYBAL-ALLARD, and Mr. CANNON. H.R. 3406: Mrs. DAVIS of California, Mr. NADLER, Mrs. NAPOLITANO, Ms. NOR- H.R. 1286: Mr. COURTNEY. GUTIERREZ, Ms. VELA´ ZQUEZ, and Mr. PASTOR. TON, Mr. POE, Ms. LORETTA SANCHEZ H.R. 1295: Mr. BROUN of Georgia and Mr. H.R. 3414: Mr. ENGLISH of Pennsylvania. of California, Mr. SHAYS, Ms. SOLIS, PICKERING. H.R. 3429: Mr. MURPHY of Connecticut and Mr. TIERNEY, Mr. WU, Ms. SUTTON, H.R. 1398: Mr. MCCRERY. Mr. HARE. Ms. ROYBAL-ALLARD, Ms. KILPATRICK, H.R. 1415: Mr. WAXMAN. H.R. 3430: Mr. ROTHMAN and Mr. ALLEN. Mr. ROTHMAN, Mr. CARNEY, Mr. H.R. 1498: Mr. ABERCROMBIE. H.R. 3453: Mr. GERLACH, Mr. GONZALEZ, and DICKS, Mr. VAN HOLLEN, and Mr. AL H.R. 1518: Mr. GENE GREEN of Texas. Ms. SLAUGHTER. GREEN of Texas): H.R. 1524: Mr. ALEXANDER and Mr. KING- H.R. 3480: Mr. SHULER. H.R. 3990. A bill to reduce sexual assault STON. H.R. 3533: Mr. BONNER and Mr. SHERMAN. and domestic violence involving members of H.R. 1534: Ms. ESHOO. H.R. 3541: Mr. HOLT and Mr. GENE GREEN of the Armed Forces and their family members H.R. 1565: Ms. MCCOLLUM of Minnesota. Texas. and partners through enhanced programs of H.R. 1609: Mr. DANIEL E. LUNGREN of Cali- H.R. 3544: Mr. HOLT. prevention and deterrence, enhanced pro- fornia, Mr. KELLER, and Mrs. JONES of Ohio. H.R. 3547: Mr. ENGLISH of Pennsylvania. grams of victims services, and strengthened H.R. 1619: Ms. WATERS. H.R. 3548: Mr. BLUMENAUER. provisions for prosecution of assailants, and H.R. 1621: Mr. LANGEVIN. H.R. 3563: Mr. GENE GREEN of Texas. for other purposes; to the Committee on H.R. 1650: Mr. PERLMUTTER. H.R. 3609: Mr. RYAN of Ohio. Armed Services, and in addition to the Com- H.R. 1667: Mr. ROTHMAN. H.R. 3618: Mr. KELLER of Florida. mittees on the Judiciary, and Veterans’ Af- H.R. 1738: Mr. HARE, Mr. SESTAK, Mrs. H.R. 3622: Mrs. MALONEY of New York, Mr. fairs, for a period to be subsequently deter- CUBIN, Mr. ARCURI, Mr. BOUCHER, and Mr. COBLE, Mr. LINCOLN DAVIS of Tennessee, Mr. mined by the Speaker, in each case for con- RUPPERSBERGER. WOLF, Mrs. BLACKBURN, and Mr. PASTOR. sideration of such provisions as fall within H.R. 1919: Mr. WELCH of Vermont. H.R. 3630: Mr. BLUMENAUER. the jurisdiction of the committee concerned. H.R. 1921: Mr. HONDA. H.R. 3645: Mr. SHULER. By Mr. STUPAK: H.R. 1932: Mr. ALLEN. H.R. 3660: Ms. HOOLEY. H.R. 3991. A bill to amend title 10, United H.R. 2053: Mr. ALLEN. H.R. 3664: Mr. SOUDER. States Code, to extend the time limit for the H.R. 2116: Mr. KUHL of New York, Mr. REY- H.R. 3691: Ms. GIFFORDS and Mr. HINOJOSA. use of education benefits by members of the NOLDS, and Mr. HILL. H.R. 3705: Mr. KUCINICH. Selected Reserve and certain members of the H.R. 2156: Mr. WELCH of Vermont. H.R. 3752: Mr. WOLF. reserve component, and for other purposes; H.R. 2160: Ms. SLAUGHTER. H.R. 3789: Mr. BURTON of Indiana. to the Committee on Armed Services. H.R. 2176: Mr. KENNEDY. H.R. 3793: Ms. JACKSON-LEE of Texas, Mr. By Mr. BOYD of Florida (for himself, H.R. 2188: Mr. FILNER. GONZALEZ, Mr. COSTELLO, and Mr. CROWLEY. Mr. GILCHREST, Mr. COHEN, Ms. SUT- H.R. 2246: Ms. BERKLEY and Mr. PORTER. H.R. 3818: Mr. CULBERSON, Mr. SESSIONS, TON, and Mr. WICKER): H.R. 2266: Ms. SUTTON. and Mr. STEARNS. H. Con. Res. 243. Concurrent resolution H.R. 2371: Mr. SOUDER. H.R. 3840: Mr. ANDREWS. supporting the efforts of the Iraq Neighbors H.R. 2385: Mr. SESTAK. H.R. 3846: Ms. MOORE of Wisconsin, Mr. Process Ministerial meeting and encouraging H.R. 2387: Mr. CALVERT. BISHOP of Georgia, Mr. GRIJALVA, Mr. Payne, the ongoing engagement of the international H.R. 2417: Mr. ENGLISH of Pennsylvania and Mr. RUPPERSBERGER, Mr. FATTAH, Mrs. community to stabilize Iraq and achieve Mr. SHULER. NAPOLITANO, and Mr. JACKSON of Illinois. peace in the Middle East; to the Committee H.R. 2470: Mr. KENNEDY and Mr. COSTELLO. H.R. 3852: Mr. DAVIS of Kentucky. on Foreign Affairs. H.R. 2580: Mr. MANZULLO, Ms. FOXX, and H.R. 3865: Mr. WELCH of Vermont and Mr. f Mr. FEENEY. TERRY. H.R. 2651: Mr. KENNEDY. H.R. 3877: Mr. HINCHEY. ADDITIONAL SPONSORS H.R. 2711: Mr. KUCINICH and Mr. PRICE of H.R. 3887: Ms. WASSERMAN SCHULTZ, Mr. Under clause 7 of rule XII, sponsors North Carolina. ACKERMAN, Mr. INGLIS of South Carolina, Mr. were added to public bills and resolu- H.R. 2827: Mr. BOOZMAN. ENGEL, Mr. MILLER of Florida, Mr. DANIEL E. tions as follows: H.R. 2840: Mr. HARE and Ms. JACKSON-LEE LUNGREN of California, and Ms. SUTTON. of Texas. H.R. 3908: Mr. GOODLATTE and Mr. GARRETT H.R. 89: Mrs. BONO. H.R. 2852: Mr. WYNN. of New Jersey. H.R. 135: Mr. MARSHALL. H.R. 136: Mr. ENGLISH of Pennsylvania. H.R. 2910: Mr. MEEK of Florida. H.R. 3910: Mr. HASTINGS of Florida. H.R. 138: Mr. ENGLISH of Pennsylvania. H.R. 2914: Mr. BOUCHER. H.R. 3911: Mr. BRADY of Pennsylvania, Mr. H.R. 160: Mr. WELCH of Vermont. H.R. 2915: Ms. ROYBAL-ALLARD and Mr. ENGLISH of Pennsylvania, Mr. ALTMIRE, Mr. H.R. 275: Mr. SHERMAN. BOUCHER. GERLACH, Mr. SESTAK, Mr. PATRICK MURPHY H.R. 281: Mr. ROTHMAN and Mr. BISHOP of H.R. 2933: Mr. MCINTYRE, Mr. BOYD of Flor- of Pennsylvania, Ms. SCHWARTZ, Mr. DOYLE, New York. ida, Mr. WILSON of South Carolina, Mr. DIN- Mr. DENT, Mr. HOLDEN, and Mr. TIM MURPHY H.R. 303: Mr. FEENEY. GELL, Mr. ENGLISH of Pennsylvania, and Ms. of Pennsylvania. H.R. 464: Mr. MARKEY and Ms. LORETTA FALLIN. H.R. 3915: Mr. WYNN and Mrs. JONES of SANCHEZ of California. H.R. 3008: Mr. SHULER. Ohio.

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H.R. 3918: Mr. BISHOP of Georgia. H. Con. Res. 239: Mr. ADERHOLT. H. Res. 743: Mr. FATTAH, Mr. WEXLER, Mr. H.R. 3950: Mrs. MYRICK and Mrs. H. Res. 111: Mr. PICKERING, Mrs. HASTINGS of Florida, Mr. BOSWELL, Mr. BLACKBURN. BLACKBURN, Mr. MCCRERY, Ms. CORRINE ISRAEL, Mr. HONDA, Mr. COHEN, Mr. MARKEY, H.R. 3951: Mrs. BONO. BROWN of Florida, and Ms. FALLIN. and Mr. KAGEN. H.R. 3956: Mr. WILSON of Ohio. H. Res. 163: Mr. BISHOP of New York. H. Res. 759: Mr. GONZALEZ and Ms. SLAUGH- H.R. 3958: Mr. WOLF. H. Res. 185: Ms. WASSERMAN SCHULTZ and TER. H.J. Res. 30: Ms. SCHAKOWSKY. Mr. CARNAHAN. H. Res. 760: Mr. KLEIN of Florida, Mr. H.J. Res. 35: Mr. CONYERS. H. Res. 335: Mr. HOLDEN and Mr. SESSIONS. SHAYS, Mr. SESTAK, and Mr. HARE. H. Res. 336: Mr. GRIJALVA. H.J. Res. 55: Mr. GOODE. H. Res. 770: Mr. DAVID DAVIS of Tennessee, H. Res. 353: Mr. GENE GREEN of Texas. H.J. Res. 58: Mr. PUTNAM, Mr. ROSS, Mr. Mr. KNOLLENBERG, Mr. LEWIS of Georgia, Mr. H. Res. 563: Ms. RICHARDSON and Mr. GON- ADERHOLT, Ms. GRANGER, Mr. ENGLISH of BURTON of Indiana, Mrs. EMERSON, Mrs. ZALEZ. Pennsylvania, and Mr. STARK. CAPPS, Mr. MURPHY of Connecticut, Mr. H. Res. 598: Mr. BROUN of Georgia. H. Con. Res. 28: Mr. KNOLLENBERG and Mrs. H. Res. 684: Mr. ROSS. MAHONEY of Florida, Mr. DREIER, Mr. SMITH AVIS D of California. H. Res. 690: Mrs. MYRICK. of Texas, Mrs. MALONEY of New York, Mr. H. Con. Res. 81: Mr. STARK and Mr. H. Res. 695: Mr. GARY G. MILLER of Cali- LEVIN, and Mr. SKELTON. COSTELLO. fornia, Mr. ALLEN, Mr. RADANOVICH, Mr. H. Con. Res. 162: Mr. GINGREY. MCINTYRE, Mr. BURTON of Indiana, and Mr. f H. Con. Res. 163: Mr. SOUDER and Mr. FARR. ETHERIDGE. H. Con. Res. 204: Mr. ENGLISH of Pennsyl- H. Res. 713: Mr. BILIRAKIS and Mr. BLUNT. vania. H. Res. 715: Mr. ENGLISH of Pennsylvania. DELETIONS OF SPONSORS FROM H. Con. Res. 214: Ms. JACKSON-LEE of H. Res. 726: Ms. BALDWIN and Mr. SMITH of PUBLIC BILLS AND RESOLUTIONS Texas. Washington. Under clause 7 of rule XII, sponsors H. Con. Res. 230: Ms. HIRONO. H. Res. 740: Mrs. CHRISTENSEN, Mr. H. Con. Res. 235: Mr. LOBIONDO. LANGEVIN, Mr. FATTAH, Ms. WATERS, Mr. were deleted from public bills and reso- H. Con. Res. 236: Mr. MCCARTHY of Cali- CAPUANO, Mr. INGLIS of South Carolina, and lutions as follows: fornia, Mr. HERGER, and Mr. CALVERT. Mr. REICHERT. H.R. 2074: Mr. MCCAUL of Texas.

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COMMENDATION OF THE SECOND of Scott Marian of Denver, Colorado who RECOGNIZING CHARLENE MAURO CHANCE PROGRAM OF NEW MEX- passed away unexpectedly on October 21st, FEARON FOR RECEIVING THE ICO 2007. Scott was a dedicated supporter of con- FLORIDA OUTSTANDING HIGH servative causes and candidates and dedi- SCHOOL SCIENCE TEACHER HON. HEATHER WILSON cated his life to following a path he believed AWARD OF NEW MEXICO to be morally correct. IN THE HOUSE OF REPRESENTATIVES He was active in politics for more than two HON. JEFF MILLER OF FLORIDA Monday, October 29, 2007 decades including heading up a statewide ini- tiative and running for the Colorado Legisla- IN THE HOUSE OF REPRESENTATIVES Mrs. WILSON of New Mexico. Madam ture. Scott’s career spanned from mortgage Monday, October 29, 2007 Speaker, there are over two million people in- banking to owning his own business in Colo- carcerated in the United States, and nearly 6 Mr. MILLER of Florida. Madam Speaker, on rado. percent of the adult population is under some behalf of the U.S. Congress, it is an honor for form of correctional supervision. Scott’s life was one of great success and me to rise today to recognize Charlene Mauro Over the past 25 years, prison populations great difficulties but he always found comfort Fearon, this year’s recipient of the Out- have grown 377 percent and prison budgets in his faith, his family and his friends. His dedi- standing High School Science Teacher Award have grown 600 percent. The burden currently cation to spiritual needs of himself and others from the Florida Association of Science borne by the American taxpayer exceeds $162 led his Priest to say his was one of the most Teachers. billion annually. prepared souls to join the Heavenly Father. Ms. Fearon currently teaches marine- science at Navarre High School in Navarre, The U.S. Department of Justice reports that He was a great American, often spreading the average criminal recidivism rate in the Florida. She has been an educator for over 9 the positive attributes of capitalism and the years, and prior to teaching, she worked as a United States is 65 percent, and nearly two word of God in the same breath. He inspired thirds of United States money is spent dealing marine science instructor and animal care others to find their voice and express them- specialist at Sea World in Orlando. with recidivism. Recidivism costs taxpayers selves in politics and faith. over $35 billion a year in enforcement costs, With thousands of teachers in the State, the and over $17 billion for additional court costs. Scott leaves behind his parents Joseph and Florida Association of Science Teachers criti- Over 80 percent of the crimes in the United Jean Marian, as well as his brother Craig, sis- cally examines the character and performance States are committed by recidivists. The only ters Susan, Michelle, and Cheryl and eight of each nominee. Teachers are evaluated on continuous factor for the past 25 years linked nieces and nephews. their ability to identify and address their stu- to recidivism is drug addiction, two-thirds of dents’ educational needs and the impact they the prison population recidivate, two-thirds of f have on the students’ learning. Only teachers the prison population is addicted and approxi- with great enthusiasm for the subject matter IN RECOGNITION OF THE FIFTIETH mately 90 percent of the incarcerated addicted and committed devotion to their pupils are ANNIVERSARY OF THE BOY recidivate. considered. This is not the first time Ms. Fearon has The Second Chance Program is a secure SCOUTS OF AMERICA TROOP 515 been recognized for her exceptional teaching long-term residential rehabilitation program skills. In 2005, she was named the Santa treating substance abusers in the criminal jus- Rosa County Teacher of the Year, and in tice system providing the judiciary an alter- HON. DENNIS J. KUCINICH 2004 she was a recipient of the John Beakley native to traditional incarceration. OF OHIO The purpose of the Second Chance Pro- Marine Science Educator of the Year Award. IN THE HOUSE OF REPRESENTATIVES gram is to provide secure, long term rehabilita- Students and faculty alike praise her for the passion she devotes to her work. Her enthu- tion and then transition individuals back into Monday, October 29, 2007 society so they can lead a stable life free of siasm for the subject matter combined with crime and drugs. Mr. KUCINICH. Madam Speaker, I rise her expertise of the material has sparked an The Second Chance Program protocol is a today in recognition of the Boy Scouts of overwhelmingly positive response from her non-medical social detoxification model of America Troop 515 in Cleveland, Ohio, on the students. Through her hard work and dedication in the treatment based on nutrition, exercise and occasion of their 50th anniversary. In the time field of education, the impact she has had on education. Troop 515 has been in existence, it has her students and the difference she has made The Second Chance Program has shown in served to teach young men the value of hard in their lives have proven her to be among the three independent university studies to have a work, citizenship and leadership. great teachers of the Nation. We are honored 90 percent success rate, and has been oper- Troop 515 has had over 1,000 Scouts in its and proud to have her as one of our own. ational and achieving rehabilitation results in ranks, with 35 of those scouts rising to the Madam Speaker, on behalf of the U.S. Con- New Mexico for 1 year. rank of Eagle Scout. Many of these scouts gress, I am proud to recognize Charlene Congratulations to the Second Chance Pro- have gone on to serve their communities, in- Mauro Fearon on this outstanding achieve- gram for successfully completing its first year fluencing social policy and businesses alike. ment for her exemplary contribution to the of servicing the courts of New Mexico. This troop has served the greater Cleveland education of our children. f community as an organization where young f HONORING MR. SCOTT MARIAN men can learn essential skills to serve them in their adult lives. PERSONAL EXPLANATION HON. THOMAS G. TANCREDO Madam Speaker and colleagues, please join HON. BILL SHUSTER me in recognizing the Boy Scouts of America OF COLORADO OF PENNSYLVANIA Troop 515. For 50 years, Troop 515 has been IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES committed to serving Cleveland and our citi- Monday, October 29, 2007 zens. I thank them for their service and I wish Monday, October 29, 2007 Mr. TANCREDO. Madam Speaker, I rise them another 50 years of vibrant leadership Mr. SHUSTER. Madam Speaker, on rollcall today to honor the commitment and dedication and civic engagement. No. 1009, I was not present. Please note that

● 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 Mar 15 2010 13:51 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00001 Fmt 0689 Sfmt 9920 E:\BR07\E29OC7.000 E29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 29, 2007 EXTENSIONS OF REMARKS, Vol. 153, Pt. 20 28601 I view rollcall No. 1009 as a re-vote of rollcall and 1005 on October 25, 2007. Had I been IN RECOGNITION OF LYNDA No. 982 on October 18, 2007 where I voted present, I would have voted ‘‘aye’’ on rollcall SACKETT no. Had I been present, I would have voted vote 1003 and ‘‘no’’ on rollcall vote 1005. ‘‘no.’’ HON. DENNIS J. KUCINICH f f OF OHIO TRIBUTE TO MR. MARK RECOGNIZING THE RETIREMENT IN THE HOUSE OF REPRESENTATIVES ALVARADO OF TERRY NEUSTAEDTER AS Monday, October 29, 2007 PRINCIPAL OF BERRYHILL ELE- Mr. KUCINICH. Madam Speaker, I rise HON. MICHAEL A. ARCURI MENTARY SCHOOL today in recognition of Lynda Sackett as she OF NEW YORK retires from her position as Director of Dance IN THE HOUSE OF REPRESENTATIVES HON. JEFF MILLER at the Beck Center for the Arts in Lakewood, Monday, October 29, 2007 Ohio. For the last 40 years, she has touched OF FLORIDA Mr. ARCURI. Madam Speaker, I rise today the lives of thousands of young dance artists in recognition of Mr. Mark Alvarado, a resident IN THE HOUSE OF REPRESENTATIVES as she has worked to establish the Beck Cen- of my congressional district in upstate New Monday, October 29, 2007 ter as a great arts resource for Northeast York. Mark currently serves as the field rep- Ohio. resentative for New York DeMolay, but he is Mr. MILLER of Florida. Madam Speaker, it Lynda began her career in the 1960s in leaving this position at the end of the fiscal is an honor for me to rise today and recognize Beck Center’s Theatre Education Program. year. the retirement of Terry Neustaedter, a great During the 1970s, she helped to create the DeMolay is a youth organization that devel- educator. Dance Education Program and has led that ops leadership skills, civic awareness and per- For over 33 years, Terry has served as the program ever since. Her passion for dance sonal responsibility among young men. With principal of Berryhill Elementary School in Mil- and for the arts led her to get even more in- more than one thousand chapters worldwide, ton, FL, and under his leadership the school’s volved with the Beck Center, serving as both the organization combines its serious mission size, facilities, and reputation have flourished. director of Outreach Education and program with a fun approach. When he took the helm at Berryhill in 1974, director for Visual Arts Education while con- Mark’s first experience with DeMolay came the school served 350 students with a faculty tinuing to lead the dance program. when he joined, and later became the master and staff of only 35 people, and when he re- In her honor, the Beck Center has recently councilor of, the David J. Nye chapter in Ohio. tires at the end of this year the student body announced the establishment of the Lynda After serving as the secretary and president will have more than doubled to 850 students Sackett Endowment Fund for Dance Edu- for Northeast Ohio, he became the state sec- and a faculty and staff of 115. cation. This money will serve to honor Lynda’s retary in July 1995. Due to his outstanding When the State of Florida implemented the spirit and dedication to dance by continuing work in Ohio, Mr. Alvarado was offered a posi- Florida Comprehensive Assessment Test, her efforts to reach out to the community and tion at the DeMolay International Headquarters FCAT to determine how well schools were encourage more young people to learn about in Kansas City, Missouri. In 2002, he became meeting the standards set by the No Child Left the art of dance. the field representative for New York DeMolay. Behind Act, every school principal was faced Madam Speaker and colleagues, please join During his tenure as field representative, me in honoring Lynda Sackett for her service Mark has traveled throughout the state to help with a new challenge of making sure the schools under their charge lived up to its high- to her community and to arts education. the members of New York DeMolay as they f have contributed approximately ten thousand est potential. Within 2 years, Terry hours of community service per year. He has Neustaedter had Berryhill Elementary School CONGRATULATING JUNIOR developed and implemented a membership earning an ‘‘A’’ grade, and it has remained ACHIEVEMENT OF ROCKY MOUN- education curriculum, and planned conven- that way ever since. In addition, the Florida TAIN INCORPORATED tions, athletic weekends and charity functions. Department of Education recently awarded Perhaps Mark’s greatest accomplishment as Berryhill with a Certificate of Achievement for having exceeded the standard for annual HON. THOMAS G. TANCREDO field representative has been the redevelop- OF COLORADO ment and expansion of the Mohawk Valley progress, and the school is 1 of only 12 IN THE HOUSE OF REPRESENTATIVES chapter, which is based in my hometown of schools out of 1,400 to receive such distinc- Utica. Due to his encouragement and support, tion. Monday, October 29, 2007 the chapter has become involved in many Terry’s leadership of Berryhill Elementary Mr. TANCREDO. Madam Speaker, today I community events, including the Boilermaker was not limited to just within the school walls. am honored to acknowledge the achievements Road Race and the St. John’s Day Festival. The school has received numerous awards on of Junior Achievement of Rocky Mountain In- In recognition of his work with DeMolay, both the State and local level for community corporated for serving Colorado’s youth at- Mark has received numerous honors including involvement, especially in the area of volun- tending Littleton public schools. This year, the Leadership Correspondence Course, the teering in the surrounding community. These Junior Achievement is being recognized by the Blue Honor Key, the Chevalier, the Legion of volunteer efforts have included helping raise Colorado Association of Partners in Education Honor and the Representative DeMolay money for the American Heart Association and for its outstanding volunteerism and academic Award. the American Cancer Association, and for contributions in the fields of economics and fi- Mark’s exceptional dedication is to be com- many years Berryhill has received the Depart- nance. Their commitment has instilled a strong mended. As the father of two teenagers, I rec- ment of Veteran Affairs ‘‘Outstanding Service’’ sense of financial prowess and capitalist spirit ognize the importance of organizations like award recognizing its outstanding service to within the youth of their community; a valuable DeMolay that encourage young people to get our nation’s veterans through the Voluntary asset which will undoubtedly yield great bene- involved in their communities. I thank him for Service Program. In addition, he has brought fits in the years to come. his commitment and wish him luck as he pur- programs into the school that teach the impor- The successful history of Junior Achieve- sues his future goals. tance of civic participation through activities ment mirrors the entrepreneurial character it f such as voting, reinforcing the importance of strives to instill. Founded in 1919, it has grown being involved with one’s community. PERSONAL EXPLANATION from being an after school mentoring program Madam Speaker, Terry’s leadership and to become the world’s largest organization fo- friendly positive demeanor will be missed by cused on educating students on the dynamics HON. RAHM EMANUEL past and current students of Berryhill Elemen- and benefits of local and global financial mar- OF ILLINOIS tary School. I am confident that those fol- kets. By introducing young individuals to the IN THE HOUSE OF REPRESENTATIVES lowing in his footsteps will aspire to achieve values of economics, they are better prepared Monday, October 29, 2007 the same great results for our Nation’s youth and responsible to establish and manage their Mr. EMANUEL. Madam Speaker, I was ab- as Terry has achieved, and I know he will con- financial and personal goals as they grow sent from the Chamber for rollcall votes 1003 tinue to be looked up to as a great educator. older.

VerDate Mar 15 2010 13:51 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00002 Fmt 0689 Sfmt 9920 E:\BR07\E29OC7.000 E29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28602 EXTENSIONS OF REMARKS, Vol. 153, Pt. 20 October 29, 2007 In addition, all Junior Achievement programs Mr. Gross previously served on the board of more importantly, because of the power of her are taught by volunteers who successfully the Scranton Hebrew Day School and on the example. Margaret chose not to be consumed mentor roughly 8 million individuals annually. United Way allocations panel. by the misfortune of being an orphan in a These volunteers are comprised of a myriad of He has also worked on the Pennsylvania country consumed by war. She instead chose experiences and backgrounds, from business Film Festival/Scranton Tomorrow Committee to stand on its shoulders and become a pow- professionals to college students. They instill and the First Night Celebration in Scranton. erful advocate for peace, hope and reconcili- economic knowledge and understanding in Mr. Gross was the recipient of the Scranton ation. youth and reflect the importance of service to Jewish Community Center Young Leadership Margaret was a remarkable young woman. local communities; a value which my district is Award, its Man of the Year Award and its Life- Her leadership, sacrifice and courage serves distinguished to have. time Achievement Award. as an example to people everywhere. For this Madam Speaker, it is my distinct pleasure to Mr. Gross is married to the former Sheryl reason, I rise today to honor the life and serv- have such a fine organization at work in my Jacobowitz. The couple has 2 daughters and ice of Ms. Margaret Alerotek. district. Please join me in congratulating Junior 3 grandchildren. f Achievement for their many successes. Madam Speaker, please join me in con- PERSONAL EXPLANATION f gratulating Mr. Gross. His contributions to the business and community sectors in Scranton PERSONAL EXPLANATION and the northeastern Pennsylvania region HON. TIMOTHY V. JOHNSON have earned him well-deserved respect and OF ILLINOIS HON. BILL SHUSTER admiration, which are reflected in this honor IN THE HOUSE OF REPRESENTATIVES OF PENNSYLVANIA being bestowed on him by B’nai B’rith Amos Monday, October 29, 2007 IN THE HOUSE OF REPRESENTATIVES Lodge No. 136. Mr. JOHNSON of Illinois. Madam Speaker, Monday, October 29, 2007 f unfortunately Tuesday, October 23, 2007, I was unable to cast my vote on the Motion to Mr. SHUSTER. Madam Speaker, on rollcall TRIBUTE TO MARGARET Table H. Res. 767 and wish the record to re- No. 1008, Motion to Recommit with Instruc- ALEROTEK flect my intentions had I been able to vote. tions on H.R. 3963, I was not present. Had I Had I been present for rollcall No. 986 on been present, I would have voted ‘‘yes.’’ HON. CORRINE BROWN the Motion to Table H. Res. 767, I would have f OF FLORIDA voted ‘‘nay.’’ CONGRATULATING SETH S. GROSS IN THE HOUSE OF REPRESENTATIVES f UPON BEING NAMED ‘‘MAN OF Monday, October 29, 2007 RETIREMENT OF MR. ALAN G. THE YEAR’’ BY B’NAI B’RITH Ms. CORRINE BROWN of Florida. Madam WILSON AMOS LODGE NO. 136 Speaker, I rise today to honor the life of Mar- garet Alerotek a dedicated advocate for peace HON. PHIL HARE HON. PAUL E. KANJORSKI in Northern Uganda. Margaret passed away OF ILLINOIS OF PENNSYLVANIA on Tuesday, July 31, 2007, and is survived by IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES her adoptive mother, Abitmo Rebecca Monday, October 29, 2007 Odongkara, and siblings. Monday, October 29, 2007 Mr. HARE. Madam Speaker, I rise today to Margaret participated in many meetings on recognize Mr. Alan G. Wilson, garrison man- Mr. KANJORSKI. Madam Speaker, I rise Capitol Hill during her time in the United ager at Rock Island Arsenal, for his out- today to ask you and my esteemed colleagues States. She was greatly impressed by the op- standing military service and contributions to in the House of Representatives to pay tribute portunity to address a group of young African the Quad Cities community on the occasion of to Seth S. Gross, who was named ‘‘Man of Americans who are helping to shape U.S. pol- his retirement. the Year’’ by the B’nai B’rith Amos Lodge No. icy. During her May 8, 2007, visit, Ms. For over 35 years, Mr. Wilson dedicated his 136 of Scranton, PA. Alerotek met with Congressional Black Associ- life to serving our country. From 1966 to 1967, Mr. Gross graduated from Scranton Central ates, a Congressional staff association and Mr. Wilson served in active duty in the U.S. High School in 1959 and received his bach- provided insight regarding international efforts Army. He later began his civilian career as a elor’s degree from the University of Pittsburgh to alleviate poverty and to end the involvement management analyst in the U.S. Weapons in 1962. After attending the College of Insur- of children in conflict throughout Africa. Sadly, Command at the Department of Defense. ance, he worked for Chubb and Son in New Margaret passed away shortly after her return In 1974, he was transferred to the new Ar- York City before returning to Scranton to join to Uganda on Tuesday, July 31, 2007 at the maments Command at Rock Island Arsenal his father, Abraham, his mother, Lillian and his age of 27. (RIA). After various high-level positions at RIA, uncle, Bernard Gross, in Gross-Brown Associ- Margaret was born in 1980 in the Gulu Dis- Mr. Wilson became the first civilian garrison ated Agencies, Inc. trict of Northern Uganda and was later adopt- manager at the U.S. Army Garrison-Rock Is- He remained associated with Gross-Brown ed at the age of 3 when her parents were land Arsenal in 2004. until 1994, when it merged with Chamberlain murdered by Lord’s Resistance Army rebels. In his role as garrison manager, Mr. Wilson Insurance. Mr. Gross continues to be associ- Margaret graduated from the Uganda Christian was responsible for installation operations, ated with Chamberlain and Reinheimer Insur- University with honors and served for almost 3 which included managing an $89 million budg- ers, Inc. years as communications officer for World Vi- et, supervising 60 tenant activities and over- He is a past president of the Northeastern sion, a Christian humanitarian organization. seeing 6,600 government and contracted em- Pennsylvania Chapter of Chartered Property In December 2006 when the Lord’s Resist- ployees. Casualty Underwriters and has taught classes ance Army walked out of the Juba Peace During his tenure as garrison manager, Mr. for the CPCU designation. talks, 26-year-old Margaret reached out to the Wilson was credited for high-performing instal- Mr. Gross has served as president of many LRA leadership and the Ugandan Government lations during the BRAC 2005 round and ad- Jewish and community organizations over the chief negotiator to break the silence. The par- dressing other BRAC-related issues such as years, including the Scranton Lions Club, the ties recommitted themselves to the peace housing and office space. Mr. Wilson also led Lackawanna Audubon Society, Jewish Family talks. efforts to integrate the installation with the Service of Lackawanna County, Junior One month before her death, at the conclu- larger Quad Cities community, resulting in an Achievement of Northeastern Pennsylvania, sion of her briefing, with the Congressional estimated economic impact of $1 million daily Temple Israel of Scranton and the Scranton Black Associates, Margaret was asked, ‘‘Why to the Quad Cities region. Jewish Community Center. He is currently do you continue to advocate for peace in Continuously recognized by superiors for his president of the Jewish Federation of North- Northern Uganda at great risk to yourself?’’ hard work, Mr. Wilson has received several eastern Pennsylvania and he serves on the She replied, ‘‘Because they are my people.’’ Exceptional Performance Awards, two Supe- boards of Jewish Family Service, the JCC and The impact of Margaret’s life is immeas- rior Civilian Service Awards, two Com- Temple Israel. urable—not only because of her work, but mander’s Awards, and the Achievement Medal

VerDate Mar 15 2010 13:51 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00003 Fmt 0689 Sfmt 9920 E:\BR07\E29OC7.000 E29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 29, 2007 EXTENSIONS OF REMARKS, Vol. 153, Pt. 20 28603 for Civilian Service. Most recently, he was er and patriot, the Honorable R. James Nichol- ued to reach out and dedicate his time to the honored with the Meritorious Civilian Service son, Secretary of the Department of Veterans residents of Burlington County. Some of his Award for his exemplary record of profes- Affairs. recent activities include maintaining and up- sionalism and dedication to the U.S. Installa- Throughout his life, Secretary Nicholson has dating the Southampton Township website tion Management Command. been a devoted servant to his country and fel- and assisting a local fire relief company in ob- Madam Speaker, on behalf of the constitu- low citizens. His bio is a classic American taining a preservation grant. He has also ents of the 17th Congressional District of Illi- story that illustrates the potential each indi- served as a member of the Jack Allen Early nois, I congratulate Mr. Wilson on his retire- vidual holds as a result of the liberty and free- Country Living Museum, the Roebling Main ment and thank him for his honorable service dom we cherish in this great Nation. Gate Museum, the Rancocas Valley Tourism to our Nation. Alan, you will be missed. I wish Secretary Nicholson’s deeply held faith and Association, the Burlington County Historical you and your family well as you embark on a hard work ethic reflect his heritage. One of Society, and he volunteers at the Holy Eucha- new life chapter and congratulate you for an seven children, he left his family and the rist Parish in Tabernacle. admirable career. peaceful Iowa farm on which he was raised, to In addition, Mr. Laufer does not shy away f graduate from the United States Military Acad- from providing valuable leadership to area or- emy at West Point. During his 8 years on ac- ganizations. He was appointed the Burlington ON THE OUTSTANDING SERVICE tive duty, Secretary Nicholson served as an County Historian in 2003 and elected presi- OF JIM BATES TO THE HOUSE Army officer and Airborne Ranger in the Re- dent of the H.B. Smith Industrial Village Con- BUDGET COMMITTEE public of Vietnam. He also served in the Army servancy, the director of alumni relations for Reserves for 22 years, retiring with the rank of the Lenape High School District, and finally, HON. JOHN M. SPRATT, JR. colonel. was a past president of the Southampton His- OF SOUTH CAROLINA In addition to a distinguished military career, torical Society and Library Board. IN THE HOUSE OF REPRESENTATIVES Secretary Nicholson holds an impressive list of Madam Speaker, the Burlington County Monday, October 29, 2007 academic accomplishments. He holds a mas- community has truly benefited from Mr. Mr. SPRATT. Madam Speaker, with the re- ter’s degree from Columbia University and a Laufer’s experience. As he is honored by the cent decision by Jim Bates to leave the Budg- law degree from the University of Denver. Volunteer Center of Burlington County for this et Committee staff to serve as a program as- Secretary Nicholson was also successful as very special award, I would like to extend my sociate director at OMB, the Congress has an entrepreneur and political activist. He es- sincere gratitude for his desire to utilize his tal- lost a dedicated public servant and the Budget tablished a thriving business in Denver, and ents for the greater good and enduring com- Committee has lost an important institutional ascended to become chairman and chief ex- mitment to improving the lives of those around resource. But our loss is OMB’s gain. Jim ecutive officer of the Republican National him. served on the Budget Committee staff for Committee. f In 2001, President George W. Bush ap- nearly 20 years, starting in 1988 as a budget TRIBUTE TO WANDA CHANEY analyst for the Republican staff and eventually pointed him Ambassador to the Holy See. becoming staff director to Jim Nussle when he Secretary Nicholson was subsequently was chairman and to Paul Ryan as ranking knighted by Pope John Paul II in 2003 for his HON. ROBERT A. BRADY member. During that long tenure, Jim rightfully advocacy on a number of humanitarian issues. OF PENNSYLVANIA came to be known as one of the top budget Secretary Nicholson’s life of service to oth- IN THE HOUSE OF REPRESENTATIVES experts in Washington. ers culminated in his appointment as head of Monday, October 29, 2007 Jim has a deep knowledge of both the pro- the second largest Cabinet Department. As Secretary of Veterans Affairs, he proved to be Mr. BRADY of Pennsylvania. Madam grammatic and numbers side of the budget, Speaker, I rise on this occasion to honor on the one hand, and the budget process, on a tireless and innovative advocate for his fel- low veterans. Wanda Chaney, a dedicated employee of the the other hand. One reason Jim knows the CAO, for her service to the House of Rep- budget rules so well is that he helped to write Our Nation will be eternally grateful for his devotion to the men and women who have de- resentatives. them. He has been centrally involved in such Wanda Chaney began her career at the budget milestones as the budget agreements fended our freedom and way of life. Secretary Nicholson decided to leave Government serv- U.S. House of Representatives in 1994 serv- of 1990 and 1997, as well in the debates we ing as a user information specialist in the User have had over the years about how to best ice to pursue other interests, and fulfilled his final day as VA Secretary on September 30, Assistance Office, now known as the CAO structure the budget process. Technology Call Center. Wanda soon went on Year in and year out, he has been critically 2007. to be a technical support representative (TSR) involved in the development, consideration, Madam Speaker, I urge my colleagues to providing excellent service with enthusiasm and enforcement of the congressional budget join me today in recognizing the tremendous and passion. Wanda’s dedication and leader- resolution—the key blueprint for Congress’s career of Secretary Nicholson and to thank ship qualities soon found Wanda leading a spending and revenue decisions. Throughout, him for his leadership and honorable service team of TSRs whose mission was to provide Jim has been a strong advocate for the impor- to our country. I wish him and his wife, Su- timely and efficient services to Member of- tance of the congressional budget process, in zanne, the very best of luck and happiness fices. general, and the role of the Budget Com- during the next chapter of their lives. Throughout Wanda’s career, she continued mittee, in particular. We will miss Jim Bates f to expand her services beyond technical sup- and his steady presence as he leaves the TRIBUTE TO MR. JOSEPH M. port. Wanda’s contribution to the transitioning Congress to begin his new job. But he departs LAUFER of Congresses cannot be overstated. Wanda with great respect and sincere appreciation moved services to a higher standard, raising that he has earned from my colleagues on the bar for all who assisted her in these en- both sides of the aisle. HON. JIM SAXTON OF NEW JERSEY deavors. Wanda identified the problems facing f IN THE HOUSE OF REPRESENTATIVES Members as they transition in and out of Con- DEPARTURE OF DEPARTMENT OF gress and presented practical and time-saving Monday, October 29, 2007 VETERANS AFFAIRS SECRETARY solutions for Members and staff. Wanda can R. JAMES NICHOLSON Mr. SAXTON. Madam Speaker, I rise today be credited for infusing technology in the dis- in recognition of Mr. Joseph M. Laufer. On No- semination of information critical to new Mem- HON. STEVE BUYER vember 29, 2007, Mr. Laufer will receive the bers of Congress. She created an interactive OF INDIANA 2007 Lloyd Ritter Community Service Award CD-ROM to familiarize Members with tech- on behalf of the Volunteer Center of Burlington nology services provided by the House. She IN THE HOUSE OF REPRESENTATIVES County, NJ. introduced an interactive web page to help of- Monday, October 29, 2007 In 1997, Mr. Laufer retired as an associate fices navigate through the transition. Mr. BUYER. Madam Speaker, I rise to dean at Burlington County College after 27 Wanda’s contribution to the rollout of U.S. honor and bid farewell to a distinguished lead- years of tireless service. Yet, he has contin- Active Directory for user authentication to the

VerDate Mar 15 2010 13:51 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00004 Fmt 0689 Sfmt 9920 E:\BR07\E29OC7.000 E29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28604 EXTENSIONS OF REMARKS, Vol. 153, Pt. 20 October 29, 2007 House ensured that Members’ requirements COMMENDING MICHAEL TOMPKINS Joint Functional Component Commander for were satisfied and complete. There are count- FOR BEING INSTALLED AS Space and Global Strike, U.S. Strategic Com- less examples of how Wanda made a dif- CHAIRMAN OF THE NATIONAL mand. General Chilton, who graduated from ference in the provisioning of technology serv- APARTMENT ASSOCIATION the United States Air Force Academy in 1976, ices to Member offices. is a Guggenheim Fellow with a Master of Science in mechanical engineering from Co- A common theme shared by her customers HON. PHIL GINGREY lumbia University. After graduating from U.S. and colleagues speaks to her commitment, re- OF GEORGIA Air Force Test Pilot School in 1984 with the sourcefulness and drive to provide a meaning- IN THE HOUSE OF REPRESENTATIVES Liethen-Tittle Award for top graduate, General ful solution to any problem sent her way. Wan- Monday, October 29, 2007 Chilton conducted weapons testing in models da’s ability to see the ‘‘big’’ picture, under- Mr. GINGREY. Madam Speaker, I rise today of F–4 and F–15. In 1987 he entered the Na- stand the needs of her customers and passion to commend Michael Tompkins on being in- tional Aeronautics and Space Administration for doing what’s right are inspiration to all. stalled as Chairman of the Board of the Na- where he served as Deputy Program Manager Wanda gave tirelessly in the pursuit of ex- tional Apartment Association. Mr. Tompkins for Operations for the International Space Sta- cellence and it is an honor to recognize her has been a leading advocate for quality rental tion Program and flew on 3 space shuttle mis- service to the U.S. House of Representatives. housing in the state of Georgia for nearly two sions. decades, where he has served on the Atlanta A capable leader, General Chilton has f Apartment Association for over 13 years. served on the Air Force Space Command Applying his knowledge of the apartment in- Staff, the Joint Staff, the Air Staff and was the HONORING ROSALIE DOWNS dustry, Mr. Tompkins has been an asset to the Commander of the 9th Reconnaissance Wing. Atlanta Apartment Association, serving in a His distinguished career has been marked by variety of roles, including president in 2001. In numerous awards including the Distinguished HON. TOM DAVIS 2004, Mr. Tompkins served as president of the Service Medal, Defense Superior Service OF VIRGINIA Georgia Apartment Association. Medal with 2 Oak Leaf Clusters, Distinguished In addition to the impact Mr. Tompkins has Flying Cross, and NASA Outstanding Leader- IN THE HOUSE OF REPRESENTATIVES made on the quality of rental property in the ship Medal. I wish to offer my sincere appreciation to Monday, October 29, 2007 southeast, his philanthropic endeavors have also benefited the well-being of our commu- General Chilton for his dedicated service to Mr. DAVIS of Virginia. Madam Speaker, I nity. He volunteers his time serving on several our nation and his contributions to Air Force rise today to honor Ms. Rosalie Downs, who non-profit organization boards including the Space Command. will retire on January 2, 2008, after completing Southeastern Trustee for Boys and Girls f 50 years of federal service. Clubs, Atlanta Community Food Bank and the Emory University Board of Trustees, to name THE MILITARY DOMESTIC AND In 1957, Ms. Downs began her career with a few. SEXUAL VIOLENCE RESPONSE ACT the Director of Accounting and Finance at the Madam Speaker, it is no small wonder that Department of the Air Force. She went on to word of Mr. Tompkins’ leadership in the advo- HON. LOUISE McINTOSH SLAUGHTER work for the Directorate of Intelligence, Policy cacy of quality rental housing spread quickly, OF NEW YORK and Management Group the next year, and and he will now take his expertise to the na- IN THE HOUSE OF REPRESENTATIVES then moved to the Directorate of Operations, tional level, where he will chair an association Monday, October 29, 2007 Bases and Units Division. In 1964, she as- comprised of more than 51,000 members and sumed her current duties as Secretary of the responsible for more than 6.1 million apart- Ms. SLAUGHTER. Madam Speaker, today, Congressional Inquiry Branch, and in 1970, ment homes nationwide. as we recognize Domestic Violence Aware- began serving in the Congressional Inquiry Di- Madam Speaker, I ask that my colleagues ness Month, I am proud to introduce the Mili- vision, Directorate of Legislative Liaison, Office join me in honoring Michael Tompkins for his tary Domestic and Sexual Violence Response of the Secretary of the Air Force. During this commitment to improving the quality of rental Act. This important piece of legislation will en- period, the outstanding professional skill, lead- homes in this country and representing the in- sure greater protections for service members ership and ceaseless efforts of Ms. Downs re- terests of renters throughout our Nation. and their families if they become victims of vi- sulted in key contributions to the effectiveness f olence. It also will strengthen programs to pre- and success of the Congressional Inquiry Divi- vent violence against fellow soldiers and mili- sion. In this capacity, Ms. Downs performed IN RECOGNITION OF GENERAL tary families. superbly across a broad spectrum of congres- KEVIN P. CHILTON Unfortunately, sexual assault and domestic sional issues, while expertly assisting the Di- violence are pervasive and serious problems rectorate in providing timely responses to tens HON. DOUG LAMBORN throughout all branches of the military. In of thousands of inquiries from Congress. OF COLORADO March 2007, the Department of Defense During her 50 years of work in the Office of IN THE HOUSE OF REPRESENTATIVES (DoD) released their third annual sexual as- Legislative Liaison, Ms. Downs has provided sault report, which stated that there were Monday, October 29, 2007 2,947 allegations of sexual assaults reported dedicated and professional service to both the Mr. LAMBORN. Madam Speaker, I rise in 2006; a 24 percent increase from 2005. In United States Senate and the House of Rep- today to express my gratitude for General 2004, the DoD reported 9,000 incidents of resentatives. She has developed close work- Kevin P. Chilton’s service as Commander of spousal abuse. A 2005 Sexual Harassment ing relationships with many of our staffs, and the Air Force Space Command at Peterson Air and Assault Survey of the Service Academies her efforts have greatly enhanced congres- Force Base. During his time there, General found 6 percent of females and 1 percent of sional understanding of Air Force personnel Chilton commanded over 39,700 professionals males said they were sexually assaulted in matters. The distinctive accomplishments of responsible for providing North American 2004–2005, and less than half the females Ms. Rosalie A. Downs culminate a long and Aerospace Defense command and U.S. Stra- who experienced sexual assault reported it. In distinguished career in the service of the fed- tegic Command with combat forces and capa- this same survey, 60 percent of female cadets eral government, and reflect great credit upon bilities. In addition to managing the develop- indicated sexual harassment was about the herself and the Department of the Air Force. ment, acquisition and operation of the Air same as when they first enrolled at their acad- Madam Speaker, in closing, I would like to Force’s missile and space systems, the Gen- emy. extend my heartfelt thanks to Rosalie Downs eral also supervised missile warning and While the DoD has been making efforts to for her 50 years of service and dedication to launch facilities, satellite command and con- improve its prevention and response to do- the Federal Government. I ask my colleagues trol, and America’s intercontinental ballistic mestic and sexual violence, victim services re- to join me in congratulating Ms. Downs on her missile force. main incomplete and inconsistent among the retirement and wishing her the best of luck in Before coming to AFSPC, General Chilton various branches. There have been reports all future endeavors. served as Commander, 8th Air Force, and that victims advocates, charged with protecting

VerDate Mar 15 2010 13:51 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00005 Fmt 0689 Sfmt 9920 E:\BR07\E29OC7.000 E29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 29, 2007 EXTENSIONS OF REMARKS, Vol. 153, Pt. 20 28605 the victim’s rights, have been denied re- Armenian Apostolic Church. St. Stepanos is Before coming to Fort Carson, Major Gen- sources to do their job, and in some instances across the street from my home in Elberon, eral Mixon, a 1974 graduate of the United been forced off the base altogether. Further- New Jersey. It is a daily reminder to me of Ar- States Military Academy at West Point, served more, DoD policies are not codified in the Uni- menian heritage and culture. as Deputy Director and Chief of Staff for Fu- form Code of Military Justice (UCMJ) and do St. Stepanos is also named in honor of the tures Center at the United States Army Train- not offer the same level of rights and protec- patriarch of the Hovnanian family, who has ing and Doctrine Command at Fort Monroe, tions afforded to civilian victims. Perhaps most contributed so much to my district and the Virginia. He was also the Deputy Commanding importantly, victims are unable to seek con- goal of affordable housing across the Nation, General, Assistant Commandant, and Director fidential counseling and treatment without fear The Hovnanian family is the main benefactor of the Unit of Action Maneuver Battle Lab at that their records might become public if they of the church and many of its activities. Fort Knox as well as the Assistant Division press charges against their assailant. St. Stepanos Church was consecrated in Commander 4th Infantry Division at Fort Hood. My bill, the Military Domestic and Sexual Vi- 1987. It sits on the site of St. Mary’s Armenian Major General Mixon, an Armor Officer, has olence Response Act, seeks to bring military Church, which served as the religious and cul- served in numerous capacities at the oper- law up to par with civilian laws by establishing tural center for the Armenian community of the ations, planning and training levels including a comprehensive approach for the military to Jersey Shore for much of the 20th Century. as Command of L Troop, 3rd Squadron, 11th address domestic violence and sexual assault St. Stepanos is one of the most beautiful Armored Cavalry Regiment at Bad Hersfeld, among our soldiers. Specifically, this bill will: examples of Armenian architecture in the Germany, Command of 2nd Squadron, 3rd Ar- Establish an Office of Victims Advocate United States. One can easily feel that you mored Cavalry Regiment at Fort Bliss, Texas, (OVA) within DoD, bring the Family Advocacy are in Armenia by standing in front of it, or in- and as Command of the 1st Brigade, 2nd In- Program under OVA, and create a Director of side the sanctuary. On the 10th anniversary of fantry Division, Republic of Korea. OVA to oversee and coordinate efforts to pre- its consecration, the church added an Arme- A distinguished graduate of the War Col- vent and respond to cases of family violence, nian khachkars, a traditional ancient art form lege, Major General Mixon also holds a Mas- domestic violence, sexual assault, and stalking in which a cross is intricately carved out of ters of Arts in History from Rice University and with the military and among military families; stone, to further enhance its architectural was an Assistant Professor of History at West Codify rights, restitution policies, treatment splendor. and other services for victims within the Point from 1982 until 1985. The Armenian School is an integral part of As Major General Mixon prepares to retire UCMJ, including creating comprehensive con- the St. Stepanos community, focusing on the fidentiality protocols to protect the rights of vic- from the U.S. Army, he departs with an impec- study of Armenian language and culture, with cable record of nobility and leadership of the tims within military law; participants ranging from age 4 to adult. Sun- Strengthen policies for reporting, pros- utmost distinction. Soldiers who served under day school promotes St. Stepanos emphasis ecuting and treating perpetrators of violence; his command will always remember him to be Create counseling and treatment programs on religion within the Armenian community in a soldier’s general. I would like to offer my sin- through the Department of Veterans Affairs. Central New Jersey. cere appreciation for his commitment to de- The military should be at the forefront of The Women’s Guild organizes fundraisers, fending our country and the invaluable con- prosecuting assailants and setting the highest dinners, and cultural activities. It has become tributions he has made to Fort Carson. increasingly important in promoting a sense of standards for treatment of service men and f women, or military family members, victimized community at St. Stepanos. The church’s by sexual assault and domestic violence. Our youth organization also hosts fundraisers and CONGRATULATING CRIDER Armed Forces must be able to guarantee the trips for the younger Armenian population at HEALTH CENTER most basic protections to ensure these victims St. Stepanos. The activities hosted by the can receive necessary counseling, treatment, church in addition to its commitment to religion HON. W. TODD AKIN and culture only serve as further proof of the and justice. OF MISSOURI active role that St. Stepanos Armenian Apos- If a victim cannot access essential care for IN THE HOUSE OF REPRESENTATIVES fear of stigma, threats to their career, or be- tolic Church has taken in the community Monday, October 29, 2007 cause they just do not know what resources throughout the years. are available, the military will continue to lose Madam Speaker, we are honored in New Mr. AKIN. Madam Speaker, I rise today to valuable female and male soldiers. These men Jersey on the 20th anniversary of St. recognize the Crider Health Center, located in and women who serve our country in uniform Stepanos to receive Supreme Patriarch and St. Charles, Missouri. Recently, the Depart- put themselves in harm’s way to protect our Catholicos of All Armenians, his Holiness ment of Health & Human Services announced Nation from threats at home and abroad. They Karekin II, from St. Etchmiadzin, Armenia. St. that Crider Health Center’s application to be- deserve the same rights and protections as Stepanos has received many Armenian prel- come a Federally Qualified Health Center the civilians whose freedoms they protect. My ates over the years including the Patriarch of (FQHC) was approved. bill ensures service members are adequately Jerusalem on its 10th anniversary, but this is For the past 27 years, the Crider Health protected when dealing with the horrible trag- the first time the head of the Armenian Church Center has provided mental health treatment edy of sexual assault or domestic violence. has visited. and services for underinsured and uninsured Do not allow our brave service members to I sincerely hope that my colleagues will join adults, children and families affected by per- be victimized twice, once by their perpetrator me in celebrating the 20th anniversary of St. sistent mental illness and serious emotional and then again by the military’s lack of appro- Stepanos Church for its contributions to the disorders. Since its inception, the Center has priate, compassionate, and confidential treat- Armenian-American residents of Central New notably expanded its service programs to ment and response. Jersey, as well the larger Armenian-American meet the rapidly changing expectations in the Madam Speaker, I encourage all Members community in the United States. area of mental health service delivery. Such to join me in cosponsoring the Military Domes- f dedication has enabled Crider to serve over tic and Sexual Violence Response Act. IN RECOGNITION OF MAJOR 35,000 residents a year in a four-county area f GENERAL ROBERT W. MIXON who are in desperate need of such services. IN HONOR OF THE 20TH ANNIVER- Previously, the Crider Health Center faced SARY OF ST. STEPANOS ARME- HON. DOUG LAMBORN consistent challenges in obtaining medical and oral health care services for their patients. In NIAN APOSTOLIC CHURCH, OF COLORADO fact, the nearest federally qualified health cen- ELBERON, NJ IN THE HOUSE OF REPRESENTATIVES ters for persons living in this four-county area Monday, October 29, 2007 were in St. Louis, Potosi and Columbia, Mis- HON. FRANK PALLONE, JR. Mr. LAMBORN. Madam Speaker, I rise souri. Such distances created a considerable OF NEW JERSEY today to express my sincere gratitude for challenge in terms of access for low-income IN THE HOUSE OF REPRESENTATIVES Major General Robert W. Mixon’s service to residents in Crider’s service area. Monday, October 29, 2007 Fort Carson as Commanding General of Divi- Crider Health Center’s new FQHC status Mr. PALLONE. Madam Speaker, I rise today sion West, First Army and previously as Com- will allow Crider to integrate its current mental to honor the 20th anniversary of St. Stepanos mander of the 7th Infantry Division. health care services with primary and oral

VerDate Mar 15 2010 13:51 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00006 Fmt 0689 Sfmt 9920 E:\BR07\E29OC7.000 E29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28606 EXTENSIONS OF REMARKS, Vol. 153, Pt. 20 October 29, 2007 health care services. This integration not only A bright Morning Star, holding their hand one meal per week comprised of fish taken allows Crider to better serve its consumers but . . . as was your decision, not leaving from New York State waters. Sadly, women of aid in further addressing the health care dis- them alone . . . childbearing age and young children have The last Angel they would see on Earth, parities in the St. Louis region. showing your worth . . . with tears in been warned not to eat any of six types of fish I congratulate the Crider Health Center’s re- eyes your mission honed! caught from 55 bodies of water within the Adi- cent FQHC designation. The Crider Health And in the coming years, rondack Park area. Frankly stated, Madam Center is an exemplary example of the leader- There will be many a tear, when in that mo- Speaker, this state of affairs is unacceptable. ship we have in Missouri and I am pleased to ment it all comes back to you . . . so Carbon emissions are a leading cause of honor them in their continued endeavor to pro- here . . . global warming and thus a threat to our envi- vide for the needs of the people in the St. But, what baby born . . . to save the world ronment as well as the economy of my district Louis region. . . . or love so great, to this our world and throughout the country. Thus, the Healthy f adorned that you saved here! Air and Clean Water Act would reduce carbon And for all of those Mothers of Sons, dioxide emissions by 80 percent from the IN TRIBUTE TO MAJOR ALEA And all of those Fathers of Daughters, who 2005 levels in the year 2050. HOKUAO MORNINGSTAR so lost their most precious of all loved The bill also seeks to address acid rain, ones . . . which is principally caused by the effects of ni- HON. JOE WILSON They may gain strength, in knowing what trogen oxide and sulfur dioxide. Specifically, your love to their dying loved ones so OF SOUTH CAROLINA meant! At the end! by January 1, 2010, the bill would require ni- IN THE HOUSE OF REPRESENTATIVES trogen oxide and sulfuric dioxide emissions to A Morning Star, Monday, October 29, 2007 Yes, my Lady . . . that’s who you are . . . be reduced to 75 percent of the levels that these pollutants reached in 1997. As a lifelong Mr. WILSON of South Carolina. Madam A light which shines so very bright . . . so very far, into the night, that’s who you resident of New York’s north country, I have Speaker, poet and capitol tour guide Albert C. are! seen firsthand the impact acid rain has had Caswell has penned a number of heartfelt trib- High above, upon the Adirondack Park and its High Peaks utes to our military, and recently, he has rec- With your gift of life, you gift of love . . . region. In fact, I am alarmed by the vast area ognized the service of Major Alea Hokuao Holding a dying hero’s hand, On The Wings of the Adirondack Mountains that has been Morningstar, U.S. Army. of a Dove! ravaged by this silent killer; close to 700 lakes Major Morningstar has served in Iraq ex- f and ponds in the Park are too acidic to sup- tending care to coalition and civilian casual- port their native plant and aquatic wildlife. ties. As an emergency physician, she has INTRODUCTION OF THE HEALTHY It is important to note, Madam Speaker, that served honorably and bravely at three combat AIR AND CLEAN WATER ACT acid rain’s impact is far from limited to the Adi- support hospitals and as a field surgeon. rondacks alone. In Virginia, thousands of miles Major Morningstar symbolizes the profes- HON. JOHN M. McHUGH of Appalachian trout streams are at risk of be- sionalism of America’s military. I want to thank OF NEW YORK coming chronically acidic and thus unable to her and all the brave men and women of our IN THE HOUSE OF REPRESENTATIVES support wild brook trout populations. In the armed forces for their service. They are fight- southern Appalachians, acid rain is altering Monday, October 29, 2007 ing to defend our freedom and protect Amer- soil chemistry and leaching valuable nutrients ican families. Mr. MCHUGH. Madam Speaker, I rise today from the soil. And in Vermont, acid rain has I gladly submit the following into the to introduce the Healthy Air and Clean Water killed more than half of large-canopy red RECORD. Act. This legislation, drafted with the valued spruce in the Green Mountains and approxi- A Morning Star, input and assistance from my constituents mately one-quarter of large-canopy red spruce That’s who you are . . . from the 23rd Congressional District of New A light which shines so very fine . . . so very in the White Mountains. Sadly, acid rain is far, that’s who you are . . . York, is designed to combat four pollutants— also reducing sugar maple trees in central and mercury, carbon, nitrogen oxide, and sulfur di- A woman of heart, western Pennsylvania as well. Of Hopi Sioux, great American Indian blood oxide—that are decimating our Nation’s envi- In response, the Healthy Air and Clean . . . a fine woman of soul . . . ronment. Water Act would authorize funding for the op- A healer, a great Hawaiian . . . For, but the I have the distinct privilege of representing eration and modernization of a number of pro- gift of life . . . to so give, as what you one of the largest congressional districts east grams that monitor the impact these pollutants chose . . . of the Mississippi River. The district stretches have on our environment. These include, but A light, from Lake Ontario on the west to Lake Cham- are not limited to, the Clean Air Status and In the darkest of days and nights . . . plain on the east, and is capped by the mag- Trends Network, the National Atmospheric Which burns bright, as a Morning Star . . . nificent St. Lawrence River, with its famous Deposition Program National Trends Network, can cheat death, can so bless . . . and Thousand Islands region. The district also in- and the National Atmospheric Deposition Pro- can give fight! cludes the Adirondack Park, which is bigger gram Mercury Deposition Network. My bill Out in darkness of evil war, out in harms than the Grand Canyon, Glacier, Yellowstone, would further require the Environmental Pro- way . . . and Yosemite National Parks combined and is tection Agency to submit reports to Congress Amidst the darkness and solemn gray . . . amidst the death, and all of that sad world-renowned for its pristine beauty. to identify objectives that protect sensitive re- decay . . . The environmental beauty of the region is gional ecosystems, including but not limited to To save a life, to hold a dying hero’s hand not only enjoyed by my northern and central the Adirondack, mid-Appalachian, Catskill, until that night . . . Morning Star, New York constituents, it also supports a vi- Rocky, and Southern Blue Ridge Mountain that was your way . . . brant tourism industry, with many choosing to ranges and water bodies of the Great Lakes, As there, in The ER . . . visit in order to partake in such activities as Lake Champlain, Long Island Sound, and the You’d hear the screams, and the devil’s roar boating, hunting and sport fishing. In addition, Chesapeake Bay. it seems . . . trying to save life, you’d downhill and cross country skiing, Madam Speaker, as is often the case with go far! snowmobiling, and ice fishing are but a few of proposed legislation, some may argue that my All in the midst of his evil gore, all in the the winter activities associated with the region bill goes too far, while others may claim that face of hell . . . you fine heart choose to swell, for one life more that has twice been home to the Winter Olym- it does not go far enough. However, while pics. Congress continues the important and needed Living in the shadow of death, Pouring out your very heart and soul, until The Healthy Air and Clean Water Act would debate in our quest to craft the perfect global none lies left . . . require the reduction of 90 percent of mercury warming legislation, our constituents and envi- As with your God given skills, the gift of life emissions from coal-fired power plants by ronment wait. We cannot allow the perfect to and hope you instilled . . . staying 2011. The need for this legislation is clearly il- become the enemy of good. Similarly, we can- with the dying until death! lustrated by the fact that, due to high levels of not afford to commit a sin of omission. If we A young hero’s last vision, before they were mercury contamination, everyone within New do not begin to take action now, clean and gone . . . York State is now advised to eat no more than viable healthy waters and forests might well

VerDate Mar 15 2010 13:51 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00007 Fmt 0689 Sfmt 9920 E:\BR07\E29OC7.000 E29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 29, 2007 EXTENSIONS OF REMARKS, Vol. 153, Pt. 20 28607 become a distant memory. There are always MERCURY gress by 2010 identifying objectives to pro- tradeoffs in public policy and I firmly believe ADK also supports the legislation’s pro- tect sensitive regional ecosystems, such as the benefits of acting in this instance far out- posed cuts for hazardous mercury emissions. the Adirondack Mountains. By 2019, the EPA A 90 percent reduction in mercury emissions will have to determine if the emissions re- weigh all potential costs, particularly those of ductions are sufficient to ensure that the ob- inaction. by 2011 is critical to addressing the dev- astating impacts of mercury on public health jectives contained in the report are met. If I’d like to include, for the record, 2 letters of and wildlife. not, EPA will have to promulgate regula- support for my bill, 1 from The Adirondack A 2007 independent study by Charles Dris- tions to ensure that said objectives are met. Council and the other from the Adirondack coll and the Hubbard Brook Research Foun- As mentioned above, the Adirondack Mountain Club. dation estimated that mercury emissions Mountains and other wild lands and waters We can see the impact these four pollutants from US coal-fired power plants are respon- in the Northeast have been seriously im- are having upon our environment and our sible for 40 percent to 65 percent of mercury pacted by air pollution emitted by coal-fired electric generating power plants. The report health. The Healthy Air and Clean Water Act deposition in the Northeast. Current levels of mercury deposition in the Northeast are and subsequent regulations if needed will en- would address and reduce that impact and I four to six times higher than the levels re- sure that these sensitive areas are better urge my colleagues to join with me as I work corded in 1900. Ninety-six percent of the protected from the devastating effects of air to enact it into law. lakes in the Adirondack region and forty pollution. ADIRONDACK MOUNTAIN CLUB, percent of the lakes in New Hampshire and The funding measures contained in the leg- October 10, 2007. Vermont exceed the recommended EPA ac- islation are also important. The authoriza- Re Healthy Air and Clean Water Act. tion level for methyl mercury in fish. High tion of funding for critical clean air net- Hon. JOHN MCHUGH mercury levels in fish from six reservoirs in works and programs such as the National At- Rayburn House Office Building, the Catskills have prompted advisories that mospheric Deposition Program National Washington, DC. infants, children under the age of 15, and Trends Network will provide needed support DEAR CONGRESSMAN MCHUGH: On behalf of women of childbearing age should not eat for continued monitoring of air pollution and the Adirondack Mountain Club, ADK, we any fish from these reservoirs. Further, mer- its effect on the environment. would like to take this opportunity to ex- cury is present in two-thirds of Adirondack ADK strongly supports the Healthy Air press our strong support for your Healthy loons at levels that negatively impact their and Clean Water Act. We believe that, if en- Air and Clean Water Act. We believe that reproductive capacity, posing a significant acted, it will lead to significant and nec- passage of this four-pollutant bill is critical risk to their survival. essary reductions in nitrogen oxide, sulfur to achieving greater reductions in harmful The Healthy Air and Clean Water Act, if dioxide, mercury, and carbon dioxide emis- nitrogen oxide, sulfur dioxide, mercury and enacted, would significantly reduce harmful sions. carbon dioxide emissions. mercury emissions and penalize those coal- We look forward to working with you and ADK, a membership organization rep- fired electric generating facilities that do your staff as this legislation advances resenting approximately 30,000 hikers, pad- not comply with the new standard. The legis- through the legislative process. dlers and cross-country skiers, advocates for lation also requires the Environmental Pro- Sincerely, the protection and responsible use of New tection Agency (EPA) to promulgate regula- NEIL F. WOODWORTH, York’s Forest Preserve and other wild lands tions regarding monitoring systems to meas- Executive Director. and waters. ure mercury emissions. Monitoring systems MARISA TEDESCO, We have a critical stake in the continued are a critical component in effectively en- Conservation and Leg- vitality of the federal Clean Air Act to effec- forcing the new mercury standards. islative Director. tively reduce air pollution from coal-fired NITROGEN OXIDE AND SULFUR DIOXIDE electric generating facilities. Enforcement of THE ADIRONDACK COUNCIL, The Healthy Air and Clean Water Act will October 15, 2007. the Clean Air Act has already resulted in sig- reduce nitrogen oxide and sulfur dioxide Hon. JOHN MCHUGH, nificant reductions in air pollution emis- emissions from power plants by 75 percent sions that are harmful to human commu- House of Representatives, from 1997 levels by January of 2010. Such a Washington, DC. nities, aquatic life and forest ecosystems in reduction is critical to reducing the scourge DEAR MR. MCHUGH: On behalf of the entire the Appalachians, Hudson Highlands, Cats- of acid rain and acid deposition in New York. kills, Adirondacks and White Mountains. Board of Directors and staff of the Adiron- As a result of acid rain, a. quarter of the dack Council, I write to thank you for intro- However, more needs to be done and we be- lakes and ponds in the Adirandacks have be- lieve that your Healthy Air and Clean Water ducing the Healthy Air and Clean Water Act. come too acidic to support aquatic life. Acid- This bill, if passed into law, would have pro- Act will lead to even greater reductions in ic precipitation also depletes calcium from air pollution, found benefits for the Adirondack Park of forest soils, leaving sugar maple and red upstate New York. CARBON DIOXIDE spruce trees more vulnerable to insects and Numerous studies have shown that the Ad- Carbon dioxide emissions have been sci- winter kill. Since the 1960s, more than one irondack Mountains have suffered some of entifically linked to global climate change. half of the large canopy red spruce in the Ad- the most devastation in the country due to ADK is very pleased that the Healthy Air irondack and Green Mountains and one quar- the scourge of acid rain, caused by the emis- and Clean Water Act would cut carbon emis- ter of large canopy red spruce in the White sions of sulfur dioxide and nitrogen oxides, sions from coal-burning power plants by 80 Mountains have died. which often come from Midwestern coal ADK strongly supports the legislation’s percent by 2050. Further, the requirement burning power plants. This has caused great provision closing the existing loophole al- that EPA establish a market-based carbon damage to the forest of the over one million lowing old coal-burning power plants that emissions trading program by 2010 will pro- acres of true Wilderness within the Adiron- were grandfathered from the Clean Air Act vide an economic incentive for power plants dack Park, as well as having nearly 700 to continue operating without complying to reduce carbon emissions. water bodies lose their ability to sustain with the most recent new source perform- Climate change threatens the local econo- their native fish populations due to their un- ance standards. The new standards must be mies of the Adirondacks, Catskills and other naturally low pH. met either on the power plant’s 30th birth- areas that rely heavily on winter sports, In addition, the New York State Depart- day or within five years after the enactment such as snowmobiling, downhill and cross- ment of Health advises that women of child- of the act. As you know, the Adirondacks country skiing and snowshoeing. Also, a bearing age and children under age 15 should and other wild lands and waters in the study by the National Wildlife Federation not eat any of six varieties of fish taken Northeast are located downwind of many of found that lower summer stream flows and from either Adirondack or Catskill water these unremediated power plants whose higher stream temperatures due to global bodies due to high levels of mercury con- emissions have damaged lakes and forests in warming could significantly reduce habitat tamination. Another eight species should not these regions, as mentioned above. Further, for brook trout and other cold-water fish in be consumed by women and children more ADK supports the legislation’s balanced ap- New York. than once a week for the same reason. proach to regulating nitrogen oxide and sul- As temperatures rise; the Adirondacks More recently, studies have concluded that fur dioxide through the use of market ori- could be plagued by tree-destroying pests if there is not a dramatic decrease in the ented mechanisms such as emissions trading, such as the Sirex woodwasp, hemlock woolly emissions that cause climate change, upstate auctions or other allocation methods in adelgid and Asian longhorned beetle. New York, including the Adirondack Park, order to achieve compliance with the emis- We believe that the carbon dioxide cuts in- may have the climate currently associated sions reduction requirements. cluded in the Healthy Air and Clean Water with southern states like Virginia or Georgia Act are critical to reducing the impact of the REPORTS AND FUNDING by the end of the century. This would create many threats posed by global climate ADK supports the legislation’s require- tremendous problems for the Adirondacks. change. ment that the EPA submit a report to Con- Warmer weather would lead to the invasion

VerDate Mar 15 2010 13:51 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00008 Fmt 0689 Sfmt 0634 E:\BR07\E29OC7.000 E29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28608 EXTENSIONS OF REMARKS, Vol. 153, Pt. 20 October 29, 2007 by more exotic species, harming our native Today, PATH implements health programs Road Bus Transportation Accessibility Act of flora and fauna. Some species of trees associ- in many countries, works with a variety of pri- 2007’’, introduced today by the gentleman ated with the colder climate of New York vate partners to develop new vaccines and from Oregon (Mr. DEFAZIO). I am proud to co- would slowly begin to move north to the cooler temperatures of Canada. Birds, such microbicides, and has advanced more than 30 sponsor this important legislation, which will as the rare Bicknell’s Thrush, would also health technologies for low-resource settings. ensure that motorcoach accessibility regula- leave New York in search of cooler breeding By collaborating with diverse public- and pri- tions promulgated by the Department of habitat. In addition, there would be many vate-sector partners, PATH provides appro- Transportation, DOT, pursuant to the Ameri- fewer days with snow cover on the ground in priate health technologies and vital strategies cans with Disabilities Act, ADA, are fully imple- the Adirondacks, greatly diminishing the to improve global health and well-being world- mented, vigorously monitored, and actively en- winter tourism economy, now associated wide. forced. with activities such as cross country and Over the past three decades, PATH has In 1990, upon signing the landmark ADA downhill skiing, snowmobiling, snowshoeing worked in more than 100 countries and re- into law, President George H. W. Bush stated and ice fishing. Once again, we wholeheartedly support ceived many prestigious international awards that the ADA ‘‘promises to open up all aspects your legislation, the Healthy Air and Clean for its work. PATH’s president, Dr. Christopher of American life to individuals with disabil- Water Act, and will actively encourage your Elias, was the Schwab Foundation’s ‘‘U.S. So- ities—employment opportunities, government colleagues to become co-sponsors of it and cial Entrepreneur of the Year’’ in 2006 and the services, public accommodations, transpor- pass it in the House of Representatives as organization has earned four-star ratings from tation, and telecommunications.’’ In many re- soon as possible. We thank you once again Charity Navigator, the Fast Company Social spects, the Act has been implemented to re- for all of your efforts to limit the negative Capitalist Award, and recognition by Ama- sult in expanded and enhanced transportation impacts of all four of the pollutants in your opportunities for individuals with disabilities. bill. We look forward to working with you to zon.com as one of the ten most innovative secure its passage and protect the people and nonprofits. However, as a recent U.S. Court of Appeals environment of the Adirondack Park. The breadth of PATH’s work includes many case revealed, a troubling void in DOT’s over- Sincerely, innovative technologies. One example, the sight of the over-the-road bus accessibility BRIAN L. HOUSEAL, UnijectTM device, is a single-use syringe regulations has unnecessarily reduced the Executive Director. (auto-disabled to prevent reuse) used by protection Congress intended to afford under f USAID to prevent maternal deaths and by the ADA. UNICEF to deliver life-saving vaccines. PATH In 1998, DOT adopted a final rule requiring GO, MIKE JOSHI, GO also implements and expands programs to in- vehicle modifications to intercity, charter, and crease adoption of malaria control and child- tour buses to accommodate individuals with HON. JANICE D. SCHAKOWSKY hood nutrition interventions in some of the disabilities. These regulations set forth require- OF ILLINOIS world’s poorest settings. Additionally, the orga- ments for these transportation providers, re- IN THE HOUSE OF REPRESENTATIVES nization’s public-private partnerships work to ferred to as over-the-road bus operators, to Monday, October 29, 2007 create and introduce affordable vaccines to acquire or lease accessible vehicles or provide Ms. SCHAKOWSKY. Madam Speaker, it is prevent malaria, meningitis, cervical cancer, accessible service to passengers with disabil- my honor to recognize and congratulate Mike diarrheal diseases, and other major illnesses. ities on a 48-hour advanced notice basis. The Joshi for running in (and completing) yester- PATH’s efforts maximize health equity to requirements are phased in over time, and day’s 32nd Annual Marine Corps Marathon. ensure health products and programs reach vary by type of service provided by a com- Mike is the staff assistant in my Wash- the poorest and most vulnerable. They pany, either fixed route or ‘‘demand respon- ington, DC office. He has shown great focus, strengthen the capacity to foster demand-driv- sive’’, such as charter and tour service. Alter- commitment and dedication in the months en and scalable solutions by promoting an in- native compliance requirements were estab- leading up to yesterday’s marathon. Mike is clusive approach to innovation and dis- lished for small businesses. The Federal Motor Carrier Safety Adminis- such a positive presence in the office and he covery—one that builds strong partnerships tration (‘‘FMCSA’’) is the modal agency re- has been such a good sport . . . allowing ev- with communities, industry, and local govern- sponsible for ensuring that over-the-road bus eryone in the office to ‘‘participate’’ in his train- ments. Admirably, the organization enhances transportation providers comply with DOT reg- ing by sharing stories and updates from his programmatic integration and improving the ulations, including safety rules. However, ac- evening and weekend runs. monitoring, evaluation, and dissemination of I am told that when his coworkers saw Mike results. cording to FMCSA’s interpretation, the existing at mile 13 (the half way point), he was smiling As health inequities continue to persist, the motor carrier statute limits the agency’s ability and looking so relaxed . . . like it was mile 3, effects of preventable disease and deaths be- to enforce the over-the-road bus accessibility not 13. The characteristics that carried him come greater, particularly in our increasingly regulations promulgated by DOT. On December 19, 2006, the United States over the finish line will continue to serve him interconnected and global society. PATH dem- Court of Appeals for the D.C. Circuit, in Peter well in the race that is life. onstrates a commitment to address these Congratulations Mike on this amazing ac- threats. They have demonstrated dedication to Pan Bus Lines, Inc. and Bonanza Acquisition, LLC V. Federal Motor Carrier Safety Adminis- complishment. Team SCHAKOWSKY is so proud finding innovative, scalable solutions for some of you. of the world’s greatest challenges by har- tration, rejected FMCSA’s assertion that the agency does not have discretion to interpret f nessing the promise of science and tech- nology, the ingenuity of individuals and com- the law to allow FMCSA to consider compli- MARKING PATH’S 30TH munities, and ensuring solutions can be real- ance with ADA regulations in determining ANNIVERSARY ized for everyone. whether a bus company is fit to operate in Please join me in celebrating PATH’s 30 interstate commerce. The case was remanded HON. ADAM SMITH years of success and innovation in improving to FMCSA in February 2007, and the Court di- OF WASHINGTON the world’s health. rected the agency to reexamine the statute. IN THE HOUSE OF REPRESENTATIVES f FMCSA did not respond to the Court for more than 8 months, and I have no doubt the Monday, October 29, 2007 H.R. 3985, THE OVER-THE-ROAD pattern of inaction would have continued with- Mr. SMITH of Washington. Madam Speaker, BUS TRANSPORTATION ACCESSI- out pressure from Congress. Earlier this this year marks 30 years since PATH began BILITY ACT OF 2007 month, Highways and Transit Subcommittee working to create innovative solutions that en- Chairman DEFAZIO and I sent a letter to Fed- able communities worldwide to break long- HON. JAMES L. OBERSTAR eral Motor Carrier Safety Administrator John standing cycles of poor health. Originally OF MINNESOTA Hill, expressing our intent to legislate a solu- founded in 1977 as the Program for the Intro- IN THE HOUSE OF REPRESENTATIVES tion to this problem if the agency did not re- duction and Adaptation of Contraceptive Tech- spond with its plans to make changes admin- nology (PIACT), PATH began by helping man- Monday, October 29, 2007 istratively to ensure that ADA requirements ufacturers set up facilities for making high- Mr. OBERSTAR. Madam Speaker, I rise in were being met by the over-the-road bus oper- quality condoms in China. strong support of H.R. 3985 the ‘‘Over-the- ators that FMCSA registers.

VerDate Mar 15 2010 13:51 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00009 Fmt 0689 Sfmt 9920 E:\BR07\E29OC7.000 E29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 29, 2007 EXTENSIONS OF REMARKS, Vol. 153, Pt. 20 28609 Last week, FMCSA issued a decision in re- 1977, calls for establishment of a sys- come and accompanying Protocol, sponse to the Court order. In the decision on tem for a computerized schedule of all signed on November 27, 2006, at Brus- remand, the agency defends its original posi- meetings and hearings of Senate com- sels (the ‘‘proposed Treaty’’) (Treaty tion that the underlying statute does not pro- mittees, subcommittees, joint commit- Doc.110–03), Protocol Amending the Convention Between the Government vide the authority for FMCSA to consider com- tees, and committees of conference. of the United States of America and pliance with ADA. The agency further argues This title requires all such committees the Government of the Kingdom of that the Department of justice (‘‘DOJ’’) has en- to notify the Office of the Senate Daily Denmark for the Avoidance of Double forcement authority under the ADA to inves- Digest—designated by the Rules Com- Taxation and the Prevention of Fiscal tigate all alleged violations and commence a mittee—of the time, place, and purpose Evasion with Respect to Taxes on In- civil action in court, pursuant to part 36 of title of the meetings, when scheduled, and come signed at Copenhagen May 2, 2006 28, Code of Federal Regulations. This in- any cancellations or changes in the (the ‘‘Protocol’’) (Treaty Doc.109–19), cludes authority over transportation providers. meetings as they occur. Protocol Amending the Convention Be- Therefore, FMCSA concludes the agency has As an additional procedure along tween the Government of the United no role in taking action with respect to ADA with the computerization of this infor- States of America and the Government of the Republic of Finland for the violations by over-the-road bus companies. In mation, the Office of the Senate Daily Avoidance of Double Taxation and the fact, in the October 26, 2007 decision FMCSA Digest will prepare this information for Prevention of Fiscal Evasion with Re- states: ‘‘If Congress intended to expand the fit- printing in the Extensions of Remarks spect to Taxes on Income and on Cap- ness criteria to include compliance with addi- section of the CONGRESSIONAL RECORD ital, signed at Helsinki May 31, 2006 tional DOT regulations, such as 49 CFR part on Monday and Wednesday of each (the ‘‘Protocol’’) (Treaty Doc.109–18), 37, it presumably would have said so.’’ week. and Protocol Amending the Convention Let there be no doubt—Congress will be Meetings scheduled for Tuesday, Oc- Between the United States of America saying so with this legislation. This bill re- tober 30, 2007 may be found in the Daily and the Federal Republic of Germany moves any statutory ambiguity and gives Digest of today’s RECORD. for the Avoidance of Double Taxation FMCSA the authority to take action against and the Prevention of Fiscal Evasion MEETINGS SCHEDULED violators of the ADA. with Respect to Taxes on Income and H.R. 3985 strengthens FMCSA’s ability to OCTOBER 31 Capital and to Certain Other Taxes, Signed on August 29, 1989, signed at monitor and enforce compliance with the De- 9 a.m. Berlin June 1, 2006 (the ‘‘Protocol’’), partment of Transportation’s regulations gov- Budget along with a related Joint Declaration erning the accessibility of over-the-road bus To hold hearings to examine S. 2063, to (Treaty Doc.109–20). transportation. The bill amends Section establish a Bipartisan Task Force for SD–419 13902(a)(1) of title 49, United States Code, to Responsible Fiscal Action, to assure 2:30 p.m. prohibit the agency from granting registration the economic security of the United Homeland Security and Governmental Af- States, and to expand future prosperity fairs authority to a motor carrier providing over-the- and growth for all Americans. Disaster Recovery Subcommittee road bus transportation who is not willing and SD–608 To hold hearings to examine post-catas- able to comply with the accessibility regula- 9:30 a.m. trophe crisis, focusing on addressing tions under subpart H of part 37, title 49, Code Veterans’ Affairs the dramatic need and scant avail- of Federal Regulations. The bill also clarifies To hold an oversight hearing to examine ability of mental health care in the the Uniformed Services Employment that the Secretary may suspend, amend, or Gulf Coast. and Reemployment Rights Act revoke a motor carrier’s registration in the SD–342 (USERRA). event of a willful failure to comply with regula- Banking, Housing, and Urban Affairs SD–562 tions pursuant to the ADA. H.R. 3985 further Securities, Insurance and Investment Sub- 10 a.m. committee requires the Department of Transportation and Environment and Public Works the Department of Justice to enter into a To hold hearings to examine the licens- To hold hearings to examine climate dis- memorandum of understanding to ensure co- ing process for the Yucca Mountain Re- closure, focusing on measuring finan- ordination between the two Departments, to pository. cial risks and opportunities. clearly define each Department’s roles and re- SD–406 SD–538 sponsibilities in enforcing the provisions of the Judiciary NOVEMBER 1 ADA, and to avoid duplication of effort. To hold hearings to examine Foreign In- Violations of ADA regulations are not a the- telligence Surveillance Act (FISA) 9 a.m. oretical problem. Several newspaper articles amendments, focusing on ways to pro- Environment and Public Works Private Sector and Consumer Solutions to have highlighted problems that individuals with tect Americans’ security and privacy while preserving the rule of law and Global Warming and Wildlife Protec- disabilities have encountered in trying to ride government accountability. tion Subcommittee curbside buses. Curbside bus companies op- SD–226 Business meeting to consider S. 2191, to erate fixed-route, intercity bus service, mainly 10:30 a.m. direct the Administrator of the Envi- between cities along the Northeast Corridor, Foreign Relations ronmental Protection Agency to estab- picking up and dropping off passengers on the Business meeting to consider S. Res. 334, lish a program to decrease emissions of street rather than in bus terminals. A March 2, expressing the sense of the Senate re- greenhouse gases. 2006 Washington Post investigation revealed garding the degradation of the Jordan SD–406 that 11 companies that operate in the North- River and the Dead Sea and welcoming 9:30 a.m. east Corridor had violated ADA regulations. cooperation between the peoples of Indian Affairs Israel, Jordan, and Palestine, United To hold an oversight hearing to examine (See ‘‘Bus Lines Cited in Federal Probe; 11 Nations Convention on the Law of the the impact of the Flood Control Act of Firms Accused of Violating ADA’’; Washington Sea, with Annexes, done at Montego 1944 on Indian Tribes along the Mis- Post, March 2, 2006; Financial; page D1). Bay, December 10, 1982 (the ‘‘Conven- souri river. Madam Speaker, the Americans with Dis- tion’’), and the Agreement Relating to SD–628 abilities Act was enacted 17 years ago, and the Implementation of Part XI of the 10 a.m. nearly a decade has passed since the Depart- United Nations Convention on the Law Finance ment of Transportation issued implementing of the Sea of 10 December 1982, with To hold hearings to examine pending regulations. This legislation, to ensure that the Annex, adopted at New York, July 28, nominations. accessibility regulations promulgated by DOT 1994 (the Agreement’’), and signed by SD–215 the United States, subject to ratifica- Health, Education, Labor, and Pensions are adhered to by all over-the-road bus opera- tion, on July 29, 1994 (Treaty Doc.103– To hold hearings to examine the nomina- tors, is both necessary and overdue. 39), Convention Between the Govern- tions of Gregory F. Jacob, of New Jer- f ment of the United States of America sey, to be Solicitor, and Howard SENATE COMMITTEE MEETINGS and the Government of the Kingdom of Radzely, of Maryland, to be Deputy Belgium for the Avoidance of Double Secretary, both of the Department of Title IV of Senate Resolution 4, Taxation and the Prevention of Fiscal Labor. agreed to by the Senate on February 4, Evasion with Respect to Taxes on In- SD–430

VerDate Mar 15 2010 13:51 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00010 Fmt 0689 Sfmt 0634 E:\BR07\E29OC7.000 E29OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28610 EXTENSIONS OF REMARKS, Vol. 153, Pt. 20 October 29, 2007 Judiciary United States Court of Appeals for Vet- amend the American Battlefield Pro- Business meeting to consider S. 1946, to erans. tection Act of 1996 to extend the au- help Federal prosecutors and investiga- SD–562 thorization for that Act, S. 1941, to di- tors combat public corruption by 10 a.m. rect the Secretary of the Interior to strengthening and clarifying the law, Rules and Administration study the suitability and feasibility of S. 2168, to amend title 18, United States To hold hearings to examine the Govern- designating the Wolf House, located in Code, to enable increased federal pros- ment Accountability Office report fo- Norfolk, Arkansas, as a unit of the Na- ecution of identity theft crimes and to cusing on funding challenges and facili- tional Park System, S. 1961, to expand allow for restitution to victims of iden- ties maintenance at the Smithsonian the boundaries of the Little River Can- tity theft, S. 352, to provide for media Institution. coverage of Federal court proceedings, SR–301 yon National Preserve in the State of and the nominations of John Daniel 1:30 p.m. Alabama, S. 1991, to authorize the Sec- Tinder, of Indiana, to be United States Banking, Housing, and Urban Affairs retary of the Interior to conduct a Circuit Judge for the Seventh Circuit, To hold hearings to examine sovereign study to determine the suitability and and Julie L. Myers, of Kansas, to be As- wealth fund acquisitions and other for- feasibility of extending the Lewis and sistant Secretary of Homeland Secu- eign government investments in the Clark National Historic Trail to in- rity. United States, focusing on economic clude additional sites associated with SD–226 and national security implications. the preparation and return phases of Intelligence SD–538 the expedition, S. 2098, to establish the Meeting of conferees on proposed legisla- Northern Plains Heritage Area in the tion authorizing funds for fiscal year NOVEMBER 8 State of North Dakota, S. 2220, to 2008 for the intelligence community. 2:30 p.m. amend the Outdoor Recreation Act of S–407, Capitol Energy and Natural Resources 1963 to authorize certain appropria- 2 p.m. National Parks Subcommittee tions, and H.R. 1191, to authorize the Homeland Security and Governmental Af- To hold hearings to examine S. 86, to des- National Park Service to pay for serv- fairs ignate segments of Fossil Creek, a trib- ices rendered by subcontractors under Federal Financial Management, Govern- utary to the Verde River in the State ment Information, Federal Services, a General Services Administration In- of Arizona, as wild and scenic rivers, S. definite Deliver Indefinite Quantity and International Security Sub- 1365, to amend the Omnibus Parks and Contract issued for work to be com- committee Public Lands Management Act of 1996 pleted at the Grand Canyon National To hold hearings to examine the Small to authorize the Secretary of the Inte- Business Administration, focusing on rior to enter into cooperative agree- Park. the efficacy of the 7(a) loan program. ments with any of the management SD–366 SD–342 partners of the Boston Harbor Islands 2:30 p.m. National Recreation Area, S. 1449, to POSTPONEMENTS Intelligence establish the Rocky Mountain Science To hold closed hearings to examine cer- Collections Center to assist in pre- OCTOBER 31 tain intelligence matters. serving the archeological, anthropo- 10 a.m. SH–219 logical, paleontological, zoological, and Commerce, Science, and Transportation geologic artifacts and archival docu- To hold hearings to examine universal NOVEMBER 7 mentation from the Rocky Mountain telephone service. 9:30 a.m. region through the construction of an SR–253 Veterans’ Affairs on-site, secure collections facility for To hold an oversight hearing to examine the Denver Museum of Nature and the performance and structure of the Science in Denver, Colorado, S. 1921, to

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